today's appearance. take a look. that attack ad is now running, here is part of it. and i'll report on the punching and counter punching. >> barbara boxer likes to complain about companies that ship job overseas. so why is she giving a speech after cisco when they repeatedly outsource jobs to countries like india. >> reporter: this ad was being put together as boxer was given a speech in san jose. and while fiorina was under going recovery after a cancer reconstruction surgery. >> my opponent has never served in office but she opposed every single job creation bill that we've ever had. i'm just saying this as a fact has said i will love my party.

>> reporter: later on boxer released a statement wishing fiorina a quick recovery and hoping that she recover very soon. >> she's healthy as a horse. >>eporter: san jose's expert melinda jackson says that she needs to show strength while campaigning. >> i think voters start to worry that this is an illness that will keep her from doing her job. >> reporter: boxer's campaign will probably be watching closely, who thoughs there could be a potential ad in the making if fiorina falters. robert handa, ktvu channel 2 news. the fate of mehserle is being fought in a court today as the defense prepare for his sentencing on november 5th.

mehserle was convicted of manslaughter in the death of oscar grant on new years day of 2008. ktvu's rita williams has been following the trial since it began and is in our newsroom. >> reporter: both sides have layed out their sentencing argumenting and these briefs were submitted. prosecutors are seeking prison time, the attorney for mehserle says mehserle should not be sent to prison. now the former bart police officer faces a maximum of four years in prison on the involuntary manslaughter conviction and up to ten years for use of a gun. mehserle's defense attorney is seeking to have the gun conviction thrown out and is asking for a new trial. mike reihns told me yesterday that if this was not such a high profile case, person with

mehserle's background would only be getting a light sentence. they did not specify for how long. the los angeles county jury that convicted him determined that mehserle did not intend to kill grant but was criminally negligent when he fired his gun instead of his taser. for the first time you're going to hear from mehserle himself. he tells us about the shooting and what he feels should happen. and he talks about his victim, oscar grant. i conducted an hour long interview yesterday in jail. that series of exclusive ktvu reports will begin here thursday night on the 10:00 news. reporting from the newsroom, i'm rita williams, ktvu channel 2 news. two new developments today concerning a jailhouse attack in contra costa county. we know now the suspect faked a

medical condition just moments before the attack and now the sheriff is saying that changes may be in store. a rob roth live in martinez with more -- our rob roth live in martinez with more. >> reporter: we're at the contra costa county jail, and it was inside this facility that an inmate attacked a nurse. the sheriff says that he plans to study protocall so that this doesn't happen again. >> that's what angers me the most, that this knuckle head attacked a person, a good person that was trying to help him. >> reporter: that attack happened yesterday afternoon. officials say 34-year-old burglary suspect aaron nigard began having what appeared to be a seizure. after medical staff arrived, he told the nurse that he faked the seizure because he didn't

like the room he was in. he then struck the nurse over the head with a lamp. the nurse was taken to the hospital with severe head trauma. the sheriff described her injuries as nonlife threatening. sheriffs had to use a taser on the suspect. >> there was no indication that he was capable let alone interested in hurting somebody. >> repoer: the sheriff says attacks on medical workers here are rare but wants to review the procedure. >> we're going to be looking at all the processes where we're going to be working closely with the sheriff's department. i think this is a highly unusual case. >> reporter: the california nurses association told us attacks on health workers is on the rise and that in general jails need to be better staffed. although in this case the sheriff says there were plenty of deputies close by. reporting live in martinez, rob roth, ktvu channel 2 news. we now know tonight that a

nurse in napa state hospital was kied. the corner said today that most likely she was strangled by the inmate that was attacking her. he is scheduled to return to court november 15th. we have home video tonight of a fire in south hayward this morning that destroyed several cars and damaged a carport. also tonight authorities say the fire is suspicion. the flames broke out just before 4:00 a.m. after an part complex near asparian boulevard. a neighbor recorded this home video of the fire, the flames spread to the carport and destroyed four cars. 20 people were also briefly evacuated from their homes. neighbors say they woke up to the sound of an explosion. >> it was like a boom like, i thought it was a shotgun at first. and then my car alarm started going off. so i thought maybe it was some sort of earthquake or something. >> this apartment suffered some damage but all of the other

families were allowed to return almost immediately, no one was injured. the fire may have started inside a vehicle or a near by dumpster. as investigators demand the latest information from pg & e the investigation continues on- site. >> reporter: we begin in oakland because of this, this is something you just don't see very often at all. an open pg & e trench that's undergone section replacement but that appears to show just how busy the utility is system wide. this morning congressman jackie spears summoned bay area mayors and pg & e. pg & e says it just submitted a major emergency shut off plan to the state

public utilities commission. >> and we develop a plan to install automatic or remotely controlled valves. >> they dismiss the value of these remote control safety valves. >> reporter: pg & e also dismisses the age of the valve as being a significant factor. worse, the best technology to determine the pipe's true condition, robotic pipe crawlers won't work any where on the peninsula due to constantly changing pipe sizes. >> they can't take that technology and go into the pipe internally to determine the actual nature of pipe. >> reporter: but says consumer group term, pipe conditions are much more important than safety

valves. >> safety valves are on the useful after a tragedy. pg & e needs to focus on the pipes. >> reporter: the 300 valve installation program would be excruciatingly expensive. >> reporter: coming up at 6:00, how one town is wrestling with its own fears about a pipeline, pg & e called risky and what it's not getting from the utility. tom vacar, ktvu channel 2 news. a natural gas leak forced the evacuation of 15 homes and the closure of an elementary school in san leandro today. a construction crew tore open a 4-inch main at 10:20 this morning. children at near by jefferson elementary were sent home early. pg & e crews capped the leak

this afternoon, no one was injured. the natural gas leak was the second one today caused by construction workers operating a backhoe. it took pg & e crews five hours to shut off a gas leak in martinez last night. it took crews so long to shut off the gas because they had to work around other pipes in the ground next to the leaking pipe. authorities ended up shutting down a four block area around the leak when it first broke out. surprises in the new housing report today show home prices are weakening around the party everyone in cities like san francisco which were showing strength earlier this year. home index fell 2% in august from july. the biggest drop was in phoenix. prices in san francisco which had been rebounding fell by less than 1%.

but even with that drop, bay area home prices are up over last year. the number of california homeowners in danger of foreclosure rose. the first quarterly increase since early 2009. data quick says 8,300 homeowners were issued foreclosures from august to september. now the good news is that mortgage default notices were still 26% lower than they were in the third quarter of last year. the luxury leather goods maker coach reported an increase -- after the recession the company focused

on selling handbags below $100 to offset other goods. a housing market competed with a report of rising prices. the nasdaq climbed by six, the dow jones rose close to 5.5 points. the giants are about to take the field for the final practice before game one of the world series. but the media, oh they are here already. hey ross from the tonight show, say hi to the people from northern california. we'll have a live preview next. and tonight will be the coldest night of the season. there's the frost advisory for some neighborhoods, i'll show you which cities will be the coldest.

right now we're less than 24 hours away from game one of the world series and giants

fans should expect to see a familiar face at the ballpark tomorrow. he'll be in a win-win situation no matter what. fred inglis live with more. hi fred. >> reporter: hi gasia. giants are supposed to be out on the field by now but they're in a meeting. media blitz, every tv and radio station that begins with the letters k or w are here. but both teams both practiced today. they are getting used to this unique at&t ballpark where they are all time 0-9. benjie molina knows this place, he spent 3.5 years here before being traded to texas on may 30th. molina had a great season for texas so far. 10 hits, two home runs, and benjie bears no hard feelings for being traded. after all, he'll win a world

series ring no matter what team he wins. >> that's the kind of person i am. i never hold a grudge, i've never been a bad person. i am not going to start right now. i took it as much possible as i could, i took it very, very gentleman like. i took the trade, i said bye to everybody. i wished them good luck and hopefully they make it to the play offs. i don't have anything to worry about. >> you guys made a couple too, at least not being benjie the exgiant. the guy who's guaranteed the world series ring. >> i heard that's the first time it's ever happened before. but benjie has been such an asset to our clubhouse since he's been here. taking young pitchers under his wing. developed them and worked with them. and he has his switcher on and started raking. he's a guy you like having in the locker room, so we've

enjoyed having him. >> the giants just now taking the field here for their final practice before the world series that includes catcher buster posey the man who inherented the starting job from benjie. both teams love their catchers right now. molina as we said is 36. he's talking about retiring after this world series unless somebody making a phone call for him. but it is as we said just the final practice before the giants will take about 24 hours from now, the field against texas rangers. a little history because the rangers have never been in the world series. this will be the fourth appearance for the giants since they moved to san francisco. but we all know san francisco giants have never won the world series. they'll try to take care of game one against cliff lee tomorrow right here on ktvu fox news. fred inglis, ktvu channel 2 news. >> lincicum against lee. that's going to be a good one.

and we have some pictures from giants fans. take a picture of your spouse, your kids, your pets, or your neighbors. what a great shot. then e-mail them to ktvu.com, you can also check out the orange and black slide show and find more giants coverage on our website ktvu.com. the port of oakland has a starting roll in the port of oakland. the cargo will be starting here at a new container facility to be built in stockton. they are being used instead of trucks to improve pollution. $30million for this project is

coming from federal stimulus grants handed out by the transportation department. it'll pay for new barges, lighting and paving. the highway patrol is investigating a crash just east of groveway. a woman inside a car was killed after it was trapped under a big rig then caught fire. the flames were put out by a passer by with a fire extinguisher. traffic was backed up for miles. a woman driving a second car suffered minor injuries. the big rig driver was not hurt. on to our weather now. bill you were saying that things might change as the week goes on. i know you've been looking at your computers, your models, what have you found today? >> these computer models are updating all day every day so there are changes. this is the system i'm tracking, why is it significant? it's taming aim on game two of

the world series. let's talk about tonight, it's going to be the coldest night of the year in the bay area. we've got a frost advisory in the north bay. some overnight lows near freezing. it was cool this morning, wasn't it. one of the cooler ones. that weather system comes in to play. of course the world series big deal game two, looks like showers. and in santa rosa 35 degrees when you wake up tomorrow morning, downtown santa rosa. downtown 60 degrees. 68degrees and clouds moving in late in the day, santa rosa, so clouds increasing, chance of rain on thursday. there's your frost advisory north bay. we're talking about san helena. temperatures into the freezing range and for several hours, that could cause some problems for grape growers and agriculture interests of the north bay. this is not unusual this time of year, but it is occurring and we know it's just late -- it's a late crush right now.

that's not going to help. here the overnight low specifically, 32 in santa rosa. they've got lots of valleys, lots of mountains so the cooler air just settles down into those flat lands. here in the bay it's warmer. that's why the overnight low still cold, but it's not going to go under 48 degrees because the ocean water is colder. daytime highs like they were today. lots of 60s. i mentioned the computer models are changing all the time. this system out here taking aim at game two of the world series, the models are in, the latest computer model. i'm going to show it to you when we come back. i'm going to show it to you in six hour chunks what it's going to do. don't go away, stay tuned we'll have the updated forecast and the new model run. the predicted world cup

winner has died. paul died in an aquarium this morning. to find the prediction, its keeper put two boxes of food in front of him. whichever he picked was the prediction. it's a first of its kind warning about bullying. >> we've got to dispel this myth that bullying is just a rite of passage. >> who that message went out to and the consequences if bullying continues. and internet giant plans will be sad news for air travelers. a love triangle, a south bay businessman shot dead. now a verdict in the murder case, we're at the courthouse with emotional reaction from the victim's family.

>> i want him to sit every day in jail and rot. it can be coming to a liquor store near you. find out how some convenience stores are preparing to sell pot. and an exciting new way fans can still take part in the action. tonight at 6:00.

a new study released this week finds that more children are using their tech gadgets to abuse each other. one in ten teens reported they received a threatening message from a boyfriend or girlfriend. 10% said a romantic partner used the computer to send an abusive message. -- a stern warning tonight. president obama's recent you tube message about bullying.

>> we have to dispel this myth that bullying is just a normal rite of passage. >> the first of its kinds warning from the u.s. department of education comes from a comprehensive list of bullying and harassment guidelines. >> it sends a strong message that every child, every student is valued as deserves a good education without bullying or harassment. >> education secretary arty duncan says there are consequences for school districts that do not comply with trying to relieve the bullying issue. that he has consequences could include losing federal funding and an investigation. federal protections based on gender, religion and sexuality. googles plans to buy a software that hooks up to an

airline booking system is coming under investigation. they formed a group called fair surge to prevent googles purchase of that company. google says the merger would allow it to better serve consumers looking for travel deals. german auto maker bmw is issuing two recalling involving about 250,000 luxury vehicles. now there's a problem with high pressure fuel pumps that could cause loss of power. now one of the recalls covers the 2007 to 2010 335i and the 2008 to 2010 2010 models of the 535i. , utility coupe and the roadster. there's a second recall that involves low pressure fuel pumps that would apply to the 2008x5 sports utility vehicles. bmw says there's been no reports of accidents or injuries related to these

problems. >> i want to stay neutral for right now. >> reporter: talk about an awkward moment, governor arnold schwarzenegger sharing the stage with jerry brown and meg whitman. how this played out, next. >> and it's happening in the ring of fire, an earthquake then a tsunami, and tonight people in in indonesia are dealing with a third attack from mother nature. man: empty nest? new kitchen, new us? woman: who are we?

chic, modern, daring dinner-party hosts. that sounds dangerous, maybe we're more the traditional sunday brunch set? i'll expect slippers and a cocktail to be ready when i get home from work. point taken. how about... peaceful, quiet cottage in the country folk? now that's us. spend over 2500 dollars on a new kitchen and save 40 percent on custom countertops until november 28th at ikea. the life improvement store.

>> either of you or both of you will being to make a pledge that you would end the negativity? >> reporter: the two candidates

for governor were put on the hot seat publicly challenged to an advertising truce. jerry brown and meg whitman sharing the stage with the man who they both hope to replace, governor arnold schwarzenegger. randy shandobil is in our newsroom with more. >> reporter: talk about an awkward social moment, this the was it. all on the same stage together, how would they handle it. both jerry brown and meg whitman have repeatedly labeled governor arnold schwarzenegger a failure. he has abstained from firing back, but arnold schwarzenegger hasn't endorsed the republican candidate, why? >> i'm going to stay out of that. i don't want to offend anybody. i want to play neutral for right now. >> reporter: who would attack who or would they all pretend to get along.

pass the butter or pass the knife. keep in mind the long beach event was hosted by the governor's wife. maria's woman's conference. >> here's what you need to know that jerry brown in many ways left this state in worse shape that he inherented. >> reporter: matt lauer got a standing ovation when he asked for a truce. >> will either of you of both of you be willing to make a truce that you would end the negativity. >> sometimes negativity is in the eye of the beholder.

>> reporter: meg whitman said her ads were comparative not negative. >> i'm not doing it in a mean spirited way, i just think it's important for people to understand what the track record was in oakland, what the track record was as governor. >> if she calls her negative ads are defiant, i say mine are, no question. we do it together. no problem. i pledge that right now. >> that's what i'm asng. >> i will take down any ads that could even be remotely be construed as a personal attack, but i don't think we can take down the ad that talks about where governor brown stands on the issues. i just don't think it's the right thing to do. >> so why is brown so willing and whitman so reluctant? easy. brown is leading in the polls. political editor randy shandobil, ktvu channel 2 news. also at the conference today, first lady michelle obama is discussing major

issues. she was introduced by maria shriver. the first lady mrs. obama talked about military spouses and reaching outs to their families. >> their loved ones protect every single one of us. their service keeps our entire country safe. so their sacrifice should be our sacrifice. supporting them should be our obligation as a solemn nation. >> the first lady says she wants to make sure the troop spouses are always heard. some voters received ballots that did not include the sanitary contest. voters should get the new ballot within the pháebgs couple of days. and for the latest in bay area and national election and political news you can always

go to our website. we constantly update it with the latest information. now to the south bay where police are searching for two men that robbed a bank this morning. they have released this surveillance photo. they say the men wore sunglasses and women's wigs. they were also wearing windbreakers with the word security on black windbreakers. a shooting in oakland left two men wounded. a retirement home hit by gunfire, it also forced the lock down of a near by school. someone opened fire from an suv just before 9:30 this morning in the 200 block of east 12th street. one of the bullets went right through a window at the richard terrace retirement home and almost hit two residents sitting in the lobby. the continuation school was on lock down status for an hour because of the shooting. at this point, no suspects have

been arrested. a triple disaster in indonesia this evening. a volcano spewing killer gas and ash that sends people out. >> reporter: the quake has killed 113, another 18 dead from the volcano. these are the latest pictures now to our newsroom. one of the world's most dangerous volcanos is erupting again twice in two days. officials are urging residents to leave. hot gases and ash burned to death half a dozen people. dozens more are missing. this eruption could intensify.

the volcano is about 800 miles east of yesterday's 7.7 quake. the two are related and that the same plate motion triggered both events on the pacific ring of fire. right now on remote islands, rescuers are still looking for more than 500 missing people after a 10-foot tsunami crashed ashore. >> it was a wall of white water came into the side. some were carrying up to 200- meters inland. fortunately we all had something to hang on to. >> reporter: last year 7.6 magnitude quake killed at least 700 people on sumatra. >> at this hour there's been at least 95 after shocks to yesterday's quake. the latest just a few minutes ago. some of it as large as

magnitude 6.2. reporting live, john fowler. bedbugs are taking center stage tonight in one bay area city. why they will be topic furl one at a meeting that will include renters and landlords. also how development projects across the country could potentially impact plans to redevelop this key piece of bay area land.

contra costa county officials will provide residents information about bedbugs. speakers will be providing information about how to detect and manage bedbugs. they'll also be explains tenant rights regarding the species. protests greeted today's official ground breaking for ucsf new hospital. several union hospital employees say they are in contract negotiations and that uc isn't listening to what they have to say. the 850 square foot hospital will be constructed in the mission bay neighborhood. it will include a birthing center, a woman's hospital and adult hospital for cancer patients. >> we're very excited about it because it links clinical care with the tremendous research campus we have just across the

street. >> reporter: the university has almost $400 million in donations to help pay for the project. it is planning to issue bonds. a nonprofit group has released a report on how to protect the health of the unity while dropping land in the former army base. communities had to deal with military land that was contaminated with chemicals. the report looked at a range of options for oakland officials on how to pursue and use that land. smoking has long been known to give lung cancer, now it's linked to alzheimer's. heavy smokers were 147% more likely to develop alzheimer's by the age of 70 compared to

nonsmokers. heavy smokers were likely to develop vascular dementia. those who smoked less than a pack a day were 34% likely to develop dementia. and our latest computer models are in, i'm going to talk about game two and that chance of rain for the world series. a love triangle. now the verdict in the court case. we are in the courtroom and spoke to the victim's family. >> i want them the sit in jail every day and rot. it could be coming to a grocery store or liquor store near you. see how some convenience stores are preparing to sell pot. and an exciting new way

fans can still take part of the action, tonight at 6:00.

like millions of other americans, president obama cast an absentee ballot today to vote in next tuesday's election. mr.obama votes in his home state of illinois. he has voted for democrat gionulious to fill the senate seat that mr. obama held while running for president. and analysts say it appears all but certain republicans will take control of the house of representatives. but the question remains how will that affect how the nation is governed. carol hann has this report. >> they could win 45, even 55 seats or more. >> reporter: if the election delivers those numbers -- >> it will be a big deal because it will be a statement about barack obama and the

democratic agenda. >> reporter: and political insider say we can expect a very different congress but not for reason voters want. >> harbor if the house is controlled by one party and the senate is in control by another party. it'll be like a ping-pong. >> reporter: there will be limits to what republicans can deliver like promises to repeal health care. >> the president will serve for two more years no matter what, and if the republicans think they can elect a few dozens more house members and somehow run the country they are delusional. >> reporter: but if they win big, they'll be powerful. experts say don't expect that to change the way washington is run. >> we could see a lot of gridlock in the next congress. >> in this town it's always

best to count on gridlock and bipartisanship. >> reporter: complicating things further we're entering a presidential election cycle and the political stakes will soon be even higher. in washington, carol hann. today is the last day to send in a request for a vote by mail ballot. if you do vote by mail be sure to send your ballot in soon enough. a postmark of november 2nd doesn't count. make sure to put enough postage on the ballot, up to three stamps may be needed. you can also drop your ballot off on election day at any polling play in your county. as pg & e races to find and repair a faulty pipeline. some leaders say they are not getting straight answers. what they say the company needs to tell them. julie haener is with us with the stories we're working on. two men that gunned down a

los cados businessman are in trial. >> and a new place giant fans could soon gather to root on their team during the world series. it's all coming up at 6:00. okay, we'll see you then, thank you julie. a british tourist lost her life after being swept out to sea from a monterey county beach. she was walking down the beach when she and her friend were swept out into sea. the person who died was not found until a helicopter pulled her out of the water. she was later pronounced dead at the hospital. if you haven't pulled out the covers, you might want to do that tonight, right bill. >> let's go outside, i want to

show you what i'm i'm tracking. this weather system is playing games with the world series. that frost advisory stays in effect. freezing rains, 32 degrees to 35 degrees. the extended forecast, big changes, rain coming our way. it's going to get in here and it's going to bring showers and it will have an impact on your compute most likely -- on your commute most likely on friday. 48degrees in the morning. i mentioned the reason it's 48 degrees, the bay temperatures are close to 50 degrees. and places like napa, 33, 34 degrees tonight. here's the system we're tracking. it gets in here, we notice increasing clouds tomorrow. the showers begin in the north bay late in the afternoon. how does that impact the world series? the showers are going to get right down in the bay area as

we get to about the 4th inning of that game. tonight i'll have a new updated model and i will show it to you then. watch the line now, blues, is light rain, green is moderate rain. it's raining in santa rosa, showers. look at this line, right. that's the golden gate bridge. watch what happens. game time about 6:00, 7:00 tonight. showers over at&t park. it will be moist, yes. and will it be raining hard in the north bay, yes. it's going to be wet. but again look at the line. it's not going to rain it out. but if you're going to that game definitely take something because it's going to be dry. 35 to 48 degrees when you wake up. daytime highs tomorrow with clouds increasing in the upper 60s, low 70s. baseball weather tomorrow looks good. 60degrees when the game starts, partly cloudy, cool about the

9th inning. i bet your down 54 degrees. if you're lucky enough to have tickets, you're definitely going to need a jacket. you don't have tickets are you? >> no. i'm watching it on channel 2. >> gasia? >> no. >> thanks, bill. the one thing that doctors seem to be forgetting to ask women about when it comes to breast cancer. plus a big boost today goes to a bay area group that is helping the fight against breast cancer.

canadian researchers say that many doctors are forgetting to ask women about their history of breast or ovarian cancer in their father's family when their diagnosing family history. researchers say that asking about the history of cancer in both parents families will allow doctors to screen more women at risk. oakland firefighters made a generous donation today to friends of faith to help women with breast cancer. firefighters presented a check to friends of faith for $2,000. it was collected from selling items such as pink t-shirts. >> we want to thank the oakland fire department for this donation, it will certainly go a long way to help the women we

serve who are mostly uninsured or not insured. the need is greater much greater than it has been. >> reporter: our friend and colleague the late ktvu reporter faith hasher started the organization when she was diagnosed with breast cancer. the illness kills 2,700 women in california every year. there is much more news just a ahead for you. it's a sensational south bay trial with a murder for trial plot and the verdict came down today. we'll tell you what happened in court and the emotional reaction outside, coming up from a live report in san jose. ♪

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>> i want them to sit every day in jail and rot. strong reaction tonight in the verdict in trial. the reaction in court and who the victim's widow feels sorry for. and we'll take you to the giant's last battle practice before the world series and we'll tell you what maybe a new option for fans to watch the game. good evening i'm julie haener. >> and i'm frank somerville. guilty on all counts. that was the verdict held down for two men in a sensational murder for hire trial. the three we