authorities swarm an east bay station searching for a driver who intentionally ran down a police officer. good evening i'm julie haener. >> and i'm frank somerville. that freemont officer underwent surgery tonight. officer patrick brower was left pinned against a light pole after a man driving a stolen car drove hill done. lloyd lacuesta has the latest. >> reporter: the man they are

looking for who allegedly ran down a motorcycle officer with a stolen van is still on the lose. tonight bart training were stopped for a time with word that one with a case was on a train. bart police say a man was detained. freemont police say they are not commenting on the investigation. >> the guy was on the scene, took him off the train. >> reporter: throughout the day and evening, armed police were stopping and searching cars in freemont for a vehicle that was stolen. >> they asked me questions like, you know who's been here in the last 24 hours which nobody was the people who live here. >> reporter: it was around 10:30 this morning on warm springs boulevard near mission court where witnesses say a van

tore out of the valley behind the jamba juice and drove directly into officer bower who was on his bicycle in the center divide. >> you could tell the car ran him over and it was pretty brutal looking. >> reporter: his helmet flew off. the man police are looking for is described as latino, 6'tall with a medium build. he was last seen wearing a

light colored sweatshirt. doctors say officer brower underwent surgery , he is expected to recover. officer brower is a 10 year veteran, he has a wife and three sons. >> they'll be okay. you but yeah it is a family when this kind of thing happens. >> it could be four to six months before he's able to return to work. stay with ktvu channel 2 and ktvu.com for any new developments in this case. we'll bring them to you as they happen on air and on land. the decomposing body was found near the intersection of fullton shipyard road.

it appears that to be a a transient man. one of the men accused of killing matt garcia was sentenced today to 15 years in prison. the prosecution said combs and henry don williams went after garcia in a case of mistaken idea thinking that he was a drug dealer. williams is serving 50 years to life on a first degree murder conviction. late this evening, authorities released a sketch of a man wanted with connection with a recent attack of an apartment complex in it's just ha the latest in a string of

attack. >> you should feel safe in your own home. and i'm not. and management doesn't care. >> reporter: she saw a strange man in the stairs of her apartment, she says in hindsight she matched the description of the man who committed two attacks. >> as we went to my apartment, this man pulled her baseball cap down and made both of us feel very tense. >> reporter: two attacks led to butan. the stress of this has many

residents to allow them to break their lease. >> if you're signed on for a year you're stuck unless you can show you can breach you liability. >> today i learned that they can take my to small claims court. >> reporter: management refused to comment. the apartment complex has increased security since the june attacks, but many residents say it's still too easy for just anyone to get inside. and they say they'd like to see more security cameras. near walnut creek, rob roth, ktvu channel 2 knew. in san francisco a suspected rapest was arraigned today on charges that could put him behind bars for the rest of his life. shallako raped a woman last

tuesday at a housing complex on protero hill where he was visiting family. he is due back in court thursday. on wall street today stocks closed lower. a lot of investors stay on the sidelines waiting for earnings reports. the dow fell 78 points the nasdaq dropped 76. pending home sales rose in august according to the national association of realtors. the association's index of pending sales was up close to 27%. but the fear that home prices will continue falling has kept people out of the housing market. if you think the economy is in double trouble you're not alone. an exclusive new ktvu field poll says a majority of californians shares that view. >> reporter: the field poll has been asking californians how they feel about the state's

economy for 32 years now, never before have the negative feelings been so deep and prolonged as they are now. 93%, about 19 out of 20 say the economy is bad. >> 19 out of 20 are the kinds of margins we used to see in soviet elections. these are rare numbers to have that >> it's really bad. >> reporter: making matters wrong, 90% have been thumbs down on the economy for more than a year. >> it's got to be worse an last year. >> yes. >> last year was already pretty rotten. >> this one was worse. >> reporter: in the upcoming years, things will either get worse or stay the same, only 29% think things will be getter better.

>> i'm always optimistic. >> worse. >> reporter: you think things will get worse next year. >> i think they're going to get worse. >> reporter: since the election is just four weeks away. the political implications of this extremely pessimistic poll is obvious. they have more incumbents with numbers on their back. >> they're looking for someone to take it out on. >> reporter: most economists say the recess officially ended in a year ago. with the unemployment rate still high, voters don't receive to believe it. political editor, randy shandobil, ktvu channel 2 news. what's motivating people to go to the polls early in this election? we'll have a live report coming

up at 10:30. clear skies for a beautiful sunset tonight, the chief meteorologist bill martin is tracking a positive change in the weather. tomorrow's weather in a couple of minutes. the blue angels are back just as the orange and black get ready for action, and san francisco is loving it. but first, a motion to throw out the verdict in the mehserle trial. the new evidence that prosecutors say warrants a new trial.

in san bruno, authorities say a man was hit by a train. the incident happened at 7:24 this evening. during the in investigation, all trains were routed to the same track. and today mehserle's attorney said his client's conviction should be overturned. >> reporter: one reason mehserle's attorney has grounds

for a new trial is a case that was nearly similar to mehserle's case. mehserle was found guilty of involuntary manslaughter for shooting in the back and killing oscar grant. jurors rejected a murder conviction agreeing with the defense that mehserle pulled his gun instead of his taser. and now, prosecutors have an officer that is saying the same thing. the kentucky officer was suspended briefly but not charged with a crime. >> the district attorney said, so this has never ever happened before, never in a million times police officers have fired their their tasers it

never has. guess what, it has. if one juror would have changed his vote, that is enough to change the trial. >> to have a judge reverse himself, it's very unlikely. >> it's hard but it's not impossible. >> reporter: the attorney representing the family of oscar grant had this response. >> now the jury has decided this case on the evidence that was there, we don't agree with that decision but it's certainly warrant the kind of errors that would justify a new trial. >> reporter: if the judge rejects mehserle's new trial, november sixth he'll sentence mehserle from probation to life in prison. in san jose tonight, the man suspected in a stabbing and possible kidnapping surrendered to police. authorities say 28-year-old bryan adroung turned himself in. judy law the suspected killing victim was with him.

police say she did not appear to be harmed. yesterday druong went to long's home, stabbed another man and then left with law. police believe adruong kid kidnapped long but she says she went with him willingly. governor arnold schwarzenegger had the right to furlough state workers but the justices said that power is not unilateral. they say the legislature gave the power when it approved the 2009 budget. labor unions are waiting to hear if the next budget the include those powers. >> we will know if the powers will be included or not. referee: the legislature is expected to vote on a budget deal this thursday. the governor says he began the furloughs to save money during

the budget crisis. >> reporter: the >> reporter: and the legislature so volted that the governor had the ability to line veto the budget. just weeks after going back to the classroom following summer vacation. some south bay students are taking an entire week off from school because of the ongoing budget problems. beginning today, san jose unifieds three dozen employees are on a furlough. the move is being taken to avoid lay offs. no one is getting paid this week, everyone is taking the hit in order to save jobs in san jose unified. that once again reflects on the state. no budget, we don't really know

how we will get through this next year, we need a budget delivered by the state. the school district says this year it has lost $43 million in state funding because of the continuing budget crisis. this is a big week for the city of san francisco, this is fleet week with the blue angels in town and the giants are in the play offs. bottom line, thousands and thousands of people coming into the city and spending money. ktvu's heather holmes in in san francisco tonight with our report, heather. >> hopefully spending lots of money. frank you're looking at one of the beneficiaries of the tour, this hotel is 100% occupied.

the blue angels have touched down for fleet week. >> jewel in the crown of the events for the weekend. >> reporter: the other jewel for, the national league champions giants. fans are shelling out big bucks. >> you add those elements together and it's going to be a great week for san francisco. >> reporter: from hotels -- >> right now we're pretty much at our capacity for this upcoming weekend. >> reporter: to restaurants. >> we've almost like doubled, it's been really good. >> reporter: there are many economic winners when the giants win and the blue angels roar into town. >> it really is a jolt in our economy, and right now we really are counting on tourism is one of the leading locaters. >> reporter: san francisco is also playing host to a number

of conventions this week, 12,000 people right now were attending the american academy of pediatricians convention. and just across the road, we caught up with people there who are putting up the final touches. a very big week for san francisco, and no one here is complaining. reporting live tonight here in the city. i'm heather holmes, ktvu channel 2 news. the giants success is spelling big business already with regard to ticket sales. people who want to go to the show on thursday or friday that people are paying $100 for tickets. and in washington, d.c., the dome has turned orange. it has been a long time city

hall has been lit up for one of the city's sports team. it was a cool one today for your monday. forecast highs tomorrow not that dissimilar. we're going to see lots of upper 60s, low 70s. kind of a cool period we're going into. it was windy along the great highway today. there's a slight chance for a sprinkle on wednesday. overnight lows here they are. 46 in santa rosa, 47 in napa. fairfield, antioch, the kids, going to work. you'll notice a little bit cooler than average. there's the system i'm tracking right now, it's a low and it's doing this. it's circling around. it's going to deposit some snow up in the mountain. there's an advisory in effect, snow level above 7,000 feet. coming up, i'm going to show you what is the warmest week on our seven day forecast.

former president jimmy carter helped build habitat for humanity. last week he spent two days fighting a viral infection. today wearing jeans and tennis shoes carter told the media he is doing okay. some voters went to the polls today, we'll tell you what's motivating them in a live report. (music playing)

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new information tonight about the alert issued for travel in europe, the state department said it has enough information to issue an alert but not enough for a warning.

some targets include the eifell tower and tower in berlin. >> we are aware of active plots against the united states, american citizens and other allies around the world. >> reporter: one of those alleged plots is similar to the attack in mumbai almost two years ago which left more than 170 people dead. >> you live there and you are observant but you don't let it dictate because then you let them win. >> reporter: travelers at san francisco international went about their business despite that alert. one traveler told ktvu news that the alert has had little impact and that travelers are tired of alerts. the u.s. supreme court opened its new term today and quickly turned down hundreds of appeals. for the first time in its history, the high court has

three women on the bench. elena kagan had to leave one of the cases. she has recused herself for her work with the obama administration. they are sought a proper burial for material taken from the world trade center site that may contain human remains. james ford's seals appeal was taken down. he was convicted of killing two black men in mississippi in 1964. the case was the subject of the movie mississippi burning. a year ago the men reported millions of the dollars of art work had been stolen from their

collection. the art included works from rembrant and van goh. the professional poker player accused of killing his parents is set to go on trail november 1st. they said that he plotted to collect a seven figure inheritance that he needed to pay off his debts. prosecutors are not seeking the death penalty. san francisco is one step closer to banning happy meals. there is still a big if. a board of supervisors economy has voted to send a proposed ban to the full board. however the mayor has said he will veto it. first lady michelle obama is planning on attending california first lady maria

shriver's women's conference. the first lady is expected to speak. laura bush and oprah winfrey are expected to appear. it dates to 1985. one bay area high school is being featured in a new film but it's what film makers didn't do that is causing an uproar. also ahead, a bay area school district admits it dropped the ball. why life saving equipment has been sitting in a storage closet for more than six months.

if you've made up your mind starting today, you can cast

your vote in california's race for governor. early voting beginning today. ken wayne join us now, he's live in san francisco with more, ken. >> reporter: julie, midterm elections usually don't generate the kind of excitement as during a presidential year but this year's elections does have stirring attention. california might be the first to legalize marijuana. >> i'm in favor of recreational use of marijuana being legal so that we can tax it. >> reporter: even noncommitted voters says this has their interest. >> i don't know if i'm going to vote or not but i am interested in the legalization of marijuana. >> reporter: today kgo radio announced a debate planned for tomorrow will not take place. through a spokesman, host ron owens says he was blind sided

by a cancellation but folks in the jerry brown camp said there was no confirmation. the tea party has fired up conservatives and stirred talk of republicans take over to the house and possibly the senate. that has this north bay democrat worried. >> these other folks have an avalanche coming of some sort. if we don't get energized we're going to have a problem. >> i think everybody need to put their vote out there and see what happens. >> reporter: voting started in

some bay area cities. vote before november 2nd. or you can vote by mail. live in san francisco, ken wayne, ktvu channel 2 news. the san francisco chronicle reports tonight, meg whitman's former nanny says former housekeeper is telling the truth. diaz went public last week saying the republican candidate was fired last year when she asked for help becoming a citizen. the former nanny is jill armstrong who says she work for whitman two months during the summer of 1988. armstrong says she quit because of the demands of the job. a spokesman for the whitman campaign said that armstrong's comments are abstantiated claims. >> after 24 years of washington partisanship, this is barbara boxer's california.

>> reporter: the money is being spent on a statewide tv ad blaming her opponent barbara boxer for the economic crisis. the former hewelett packered ceo is trailing boxer. boxer has accused fiorina of laying off thousands of the workers and shipping jobs over seas. san francisco district attorney pamela harris leads the republican nominee cooley by three percentage points. previous surveys and field polls have shown cooley with a slight lead. also noted is the large number of people who say they are undecided. 32% of those surveyed about the race for attorney general said they are not sure who they are going to vote for. richmond police say thanks to a story here on ktvu they arrest the man accused of using an autistic boy in a scam. police say jorge miranda agreed

that he set up donation boxes. he falsely claimed a boy was dead and his family needed money for a funeral. police say miranda's girlfriend was watching ktvu, recognized her boyfriend in surveillance video and then called police. miranda knew viador because he volunteers at the school and took his picture after their website. those responsible for the delay stepped up and took responsibility today. >> reporter: educators want to keep students safe and healthy. the west contra costa school district has been dragging its feet. >> it seems it's about money and opportunity. and that they were donated why aren't they put in place. >> reporter: davey almost died in a school basketball from sudden cardiac arrest. now that he's on the mend, his

father fought to get aeds donated to the district. now more than six months later we found that now these new aeds are stacked up waiting to be installed in schools. >> as a father figure, we need to look out for our children but other children as well. >> reporter: district officials admit they dropped the ball. >> we slipped out of the gates but we stabilized. we're now hitting the ground running. we take personal responsibility for failing to get them up for the first four months. >> call for help now. >> reporter: the district now plans to train staff how to use aeds next week and that each middle and high school should have them installed by next month. >> we want them installed and people trained as quickly as possible and we want them done right, absolutely. >> reporter: david gregarious is happy to hear the news. >> it's life and death, just take it out of the wall and use

it in case anybody needs it gurganious told me that many of the students had a heart problem they didn't know they had. police are looking for a woman who is considered at risk because she suffering from paranoid schizophrenia. she is 60 years old with shoulder length reddish hair. she was last seen wearing a white t-shirt and black sweat pants. police want to know if you've seen her. and we're tracking this system, it could bring a few sprinkles to your city. and two fraternities have filed a lawsuit, the two things

those fraternities have agreed to do. when the news continues.

it's your health, people are dying, people are sick and we have to do something about it right now. a coalition stepped up to speak up against proposition 23. that proposition would suspend the warming law. something that has happened only three times in the past zero years. some speakers said they are outraged that out of state oil companies are behind the measure. a new poll shows californians evenly split on prop 23. researchers in san francisco have discovered in antibody they say can effectively block the terminal cases of cancer, but so far

only in mice. scientists of a california pacific center have tested the treatment on mice with cancer. they hope to start treating humans. the attacks are in retaliation for a nato helicopter strike that mistakingly killed three pakistani border guards. nato and the cia have stepped up attacked in the last few weeks. in chile rescuers said they are very close to getting the trapped miners in the next few weeks. the miners have been hard at work removing tons of rock that has fallen into the mine from the drilling. the men have been trapped understood ground for 59 days. the longest on record. and in london, subway

workers went on strike today so commuters had to scramble to make other plans. some 3.5 million people used the underground every day. subway workers are opposed to plan job cuts. officials say there will be no forced lay offs. the government has been making sharp cuts to cope with a budget deficit. contra costa county officials have confirmed the first case of west nile virus this year. the three adults are recovering but they did not give any information on the people just that one was from the west side of the county and one is from the west side of the county. the clean up of a weekend fuel spill is expected to take a few more days. observant booms have been placed in the water, they have to be changed every 12 hours until all of that fuel is removed. the diesel was used for a back

up emergency generator. it calls attention to the state of public schools in america. why bay area students and leaders say a new movie casts them unfairly. and we have showers arriving in the area, so how will it affect the area? we have weather coming up.

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don't believe what you see on the big screen. that was the message today from a peninsula school district about a new documentary. the district said the movie is full of half truths. amber lee is in san francisco today with a live report. >> reporter: so far the film is showing in only a few theaters.

the film waiting for superman is following four students in what is portrayed a troubled school system. the school is cast in a negative light, the district says it invited school makers to speak to school staff but that they never did so. >> you can't just drive by and sum us up. you have to peel the onion, you have to take a closer look. >> reporter: principal david reilly saw the film. the principal says they did not count students that went to college out of state. and that woodson has a graduation total of 84%. >> it hurts in people, almost

like they are attacking a family member. we reallygo above and beyond what we are expected to do. >> reporter: students tell us wood wood side high is doing a great job. >> they have a lot of resources you can take advantage of and go to college. >> we actually were planning to e-mail the director and to express our views. >> reporter: so he is unhappy with the film's portrayal of west side high. the principal says that the documentary is engaging and that it's worth seeing because it opens up a dialogue about the need to improve public schools. amber lee, ktvu channel 2 news.

two uc berkeley fraternities opened a lawsuit. they reached an agreement to keep down the noise and keep their properties clean. the two other fraternities are still fighting and there's no word what the next course of legal action will be. a judge said no today to a request from the community of bonnie dune to protect the fire department. but the judge agreed that it would drain money from existing fire crews. right now bonnie dune depends on another county for their fire protection. let's take a look at live storm tracker 2. the area is dry right now but some of this activity will be headed our way

in the next 24 hours. it's snowing up there above 7,500 feet. not many people live up there 7,500 feet but it is snowing. wednesday more clouds and maybe a sprinkle. none of this is major. it's kind of detached from the main flow of the jet stream, makes it weak. doesn't have a lot of energy with it. as it lingers we're going to put a chance of a shower and even the little ones tonight. then again on wednesday when gusts up to 30 miles per hour. temperatures mostly in the 60s and low 70s. certainly a big change from last week when we had 102, 103 temperatures on wednesday and thursday. the forecasts for rainfall, you see it lingering in the area. the models aren't going to be able to pick this up. because it's really hard to pinpoint where the showers would occur on wednesday. we'll watch it for you. right now wednesday is your best bet but do not change your

plans. as you march to the bay area microclimates, right over berkeley 68 degrees. concord 74, and last week this number would have been 102. so it definitely would have cooled down a bit. most of us have clouds, some fog, some clouds. temperatures in the 40s. then afternoon looks like this. partly cloudy, right along the coast. and then mostly sunny around the inland valley. so your forecast highs, 74 napa, 75 vallejo. wednesday would be the day with a few more clouds, maybe a little cooler in some places and maybe a sprinkle. 74 in san jose, you know what this is. this is the heart of fire season and we have a very easy pattern. th is good news for firefighters. the humidities are high.

this is the time talking about the lead stories. you remember the oakland hill fires, that is this time this year. warmer as we head toward the weekend. >> okay, thanks bill. the owners of some condo complexes in pacifica have spent millions of the dollars to keep their property from tumbling into the ocean during the upcoming rainy season. the buildings have been vacant since last year because the cliff they sat on was crumbling due to erosion. there are still a couple of buildings that have stuck in battles with contractors and insurance companies. the official rainy season starts in 11 days. the justice department is taking american express to court. today the department sued the credit card company says tág holding customers hostage --

says it's holding customers hostage with improper business practices. actor tony curtis died last week at the age of 85. his daughter actress jamie lee curtis was among one of today's speakers along with governor arnold schwarzenegger. he appeared in about 150 movies over the course of his career. up next, hear details about the latest census report. it was taken under water.

it turns out there are a lot more fish in the sea than everyone probably imagined. a census of marine life counted and validated more than 200,000 species. some had never been seen before and were only found because of a multi million dollar international project. some species were found in different parts of the world, not only in one ocean as previously thought. it's been a great weekend for the giants but not such a great weekend for any of the

nfl teams. >> we have to say this about lewis, he told the media he is truly excited about his team. on the meantime another veteran player gone, michael lewis didn't want to move over for the rookie taylor mays. the team obliges the safety with his release. nate clemens has scored after his intersection. it only puts him up by eight points leaving atlanta with plenty of time to come back. horrible play, the niners defensive back trys to put a positive spin on it with the 0- 4 start. >> i want to thank everyone for my teammates. we know we all have to stick together in times like these. when we're faced with adversity, we get to so what we're made of. the story gets no prettier on the story at the bay.

the niners host the raiders in a few weeks. in the meantime it's a particular tune for the raiders. too many mistakes and a complete inability to stop the run. texas 249 yards on the ground alone. and by the time you hear this, wow it's getting old with the coach speech from singletary and cable. >> we didn't get surprised or anything like that we just got outplayed, and that's what it was. so you take from that embarrassment, you take from that the sick feeling you have in you then you go to work with that in you. nothing special literally about miami dolphins tonight as in their special teams. one blocked field goal, one kick off return here. 102-yard patriot brandon tate is gone. the patriots at this point up 13-7 and it gets a lot worse for the miami dolphins as it's

young blocking an attempted field goal. pentington picked it up. he's gone. chung later returned an interception for a touchdown. 41-14 the final. the rider cup is over in whales and it's not coming back. literally, as the euros have yanked it away. first time it's been played on a monday because of rain. they need to cap a magnificent shot by tiger. did it go in? it did as he beat francisco. the europeans win it 14-1/2 to 13-1/2. for the niners and raiders it has to get better.

that is our report for tonight. i'm julie haener. >> and i'm frank somervle. have a good evening everyone. >> good night. (music playing) announcer: has the overpowering smell of scented garbage bags taken over your kitchen? (woman blows at scented tree) hefty bags with unscented odor block technology help neutralize odors with no added scent. hefty! hefty! hefty!