business owners in downtown oakland take precaution ahead of tomorrow's sentencing of mehserle. good evening everyone i'm frank somerville. >> and i'm julie haener. oakland police say they will be prepared tomorrow for whatever happens after a judge sentences a former bart police officer for the shooting death of oscar grant. store owners post notices saying they will be closed

tomorrow, others are advising workers to work from home. our coverage begins with jana katsuyama, she's live in downtown oakland with the story, jana. >> some business have already boarded up their windows. i want you to take a look across the street, we want to show you some artists that are painting a mural in oscar's honor. the sounds of hammers and boards going up is all about prevention. >> last time it was ugly. very ugly. our neighbor next door got the windows busted and everything. so hopefully it's not going to happen, but we're still worried. >> in downtown oakland, memories are still fresh from the july 8th mehserle verdict. trouble makers broke off from a peaceful protest and began setting fires, smashing windows

and stealing from stores. tomorrow business owners are planning to board up and stay home. others are going to allow their employees to work from home. officers have had additional training since last july and will monitor the crowds from a distance. >> if they get too dysfunctional or start breaking the law, then we'll come in and address them. >> reporter: the city did send a letter to alert business about tomorrow's sentencing which coinsides with two other events, a concert and art gallery opening. >> the sentence is going to be as unjust as the verdict was, so people are going to be

angry. we want to give particularly young folks of color if they choose some where else to go. >> reporter: tonight there are these new parking signs posted all around downtown, many people are just hoping that tomorrow's free speech doesn't turn into a violent free for all. reporting live in oakland, jana katsuyama, ktvu channel 2 news. now the judge in the mehserle case has considerable latitude. he could perhaps a sentence of 14 years in prison or he could release mehserle on probation for time served. analysts are expecting something probably in between. ktvu's rita williams reporting from los angeles where court proceedings are set to begin at 8:30 tomorrow morning. >> reporter: he's been in custody now for four months in the los angeles county jail where i interviewed him last week. >> i didn't think i would be convicted at all. >> reporter: you didn't think you would be convicted of anything? >> no ma'am.

>> reporter: that means they apparently believe mehserle's testimony that he intended to use his taser and not his gun when he shot and killed unarmed passenger oscar grant early new year's day last year. they also found him guilty of using a gun. and that means tomorrow the judge could sentence mehserle to anything from probation up to 14 years in state prison. it should be an emotional day. >> i want to tell him i think he should get the max. 14 years. >> reporter: before sentencing the judge will hear from at least four members of oscar grant's family. >> they'll never be any satisfaction. he can get 100 years and i still won't have oscar with me. >> reporter: mehser is expected to read a statement to the judge and to grant's family. >> i can't say how sorry i am enough because there's nothing i can say or do that would ever bring him back and i understand that. >> reporter: mehserle's attorney mike rains also will

ask the judge for a new trial, that's unlikely. rains will try to get the use of a gun tossed too. >> i would be very surprised if the judge goes to either extreme to give probation or to give the full 14 years, i think would be pretty shocking. i think most people are betting that he'll come up with some sort of a middle ground, something around four years in prison. >> reporter: mehserle most likely will return here to the courthouse tomorrow morning the way he left four months ago. handcuffed in the back of a sheriff's car. in los angeles, rita williams, kt vu channel 2 news. there are no cameras allowed tomorrow for the sentencing. but ktvu will bring your the latest developments as soon as available. you can also follow the case on

ktvu.com. the two week hearing for phillip garrido is set for march to give psychiatrists enough time to evaluate the convicted sex offender. the defense is supposed to argue that garrido is not competent to stand trial. garrido and his wife nancy garrido are charged of kidnapping jaycee dugard and holding her captive for 18 years. and the former cell mate of guandique will testify tomorrow

in the murder case of chaundra levy. there is no specific word tonight on how much money the this will save california. in the past four years almost 10,000 california prisoners have been sent out of state to reduce crowding and to control costs. a big rig carrying heavy equipment hit and killed a bicyclists in san mateo county this afternoon. it happened on alpine road near portola valley. bicyclists tell us they are not surprised because the spot where it happened is tricky to operate. debra villalon is there with a live report. >> reporter: we're on alpine road where it widens as it meets interstate 280. cyclists have to either hug this curb or straddle those two laneless. the woman who made that choice this afternoon lost her life. it was a heavy rig with a heavy load. and when this 26 wheel semi

collided with a bicyclist, the bicyclists never had a chance. hours later chp investigators were still trying to reconstruct the accident. the driver for a monterey company stopped right away and showed no signs of impairment. he simply didn't see the woman riding alongside before or after she went under his wheels. >> as he was driving, somehow she ended up hitting that side of the big rig. we don't know how that happened. >> i commute here a lot and i've had motorists brush way too close. >> reporter: regulars on this rout say it's a bit of a no man's land, no bicycling. it's possible the cyclists was hurrying to pedal past it on the left. >> if you're looking on here, where should the bicyclist go, it's really up in the air unfortunately. >> i think it's horrible. i wonder if i know the person.

>> reporter: bike commuting is popular on the rout, mountain view and minlow park. over the years bikes and cars have sparred, tension over sharing the road. >> this area is called the bike loop. i road this back in 1989. it's been around for a while. >> reporter: it appears this accident was simply that, an accident since both were following the law. >> she was in the right place. >> it appears as so. >> and it was dangerous. >> reporter: the chp wants to hear from any witnesses right now, right now they have none and they hope by late tonight or tomorrow to tell us who the victim is. right now they're saying she's in her 40s, maybe 60s but she was in exercise clothing and she was not wearing an id so the coroner is running her prints. the áf debra villalon. san jose police identified

the pedestrian who was hit and killed last night as juan martinez. he was not in a crosswalk at the time. the driver was not arrested. more families from san bruno have filed suit against pg & e. an attorney says 52 individuals from 18 families allege they suffered physical injuries along with their property damage. pg & e is already facing more than a dozen other lawsuits. and pg & e's tab for the pipeline disaster could top more than $1 billion. in regulatory papers filed today, pg & e said the cost of damage plus inspecting all of their pipelines could cost $150 million. that's on top of replacing

valve, and everyone more costs are likely for upgrades to pipelines. it has been a warm start to november, but rain is back in the forecast. bill martin is fine tuning friday's outlook and he joins us in less than 30 minutes. >> boxes of papers from when jerry brown was governor the first time around. so far only a few people have seen these papers and i will show you. it happened in a split second from this part of the intersection to that side, two people killed including a father of three, but who's responsible? tonight we take a close look at one law enforcement agency's pursuit policy. the 10:00 news is back in 90 seconds.

governor elect arnold schwarzenegger met with jerry brown to size up what they feel is the most important issue, the budget. >> a good meeting but a very sobering meeting. i think the problems we face are certainly as bad as anyone could imagine. and it's going to take a lot of very tough decisions. the governor elect said he will -- >> the governor elect says he will be back in san francisco

next week. brown donated his archives from when he was first governor to the university of california. randy shandobil is one of just a few people who have been allowed to take a look. >> reporter: ufc near downtown los angeles. two boxes filled with governor jerry brown's archives. papers from when he was first sworn in until he left office four years later. early letters, many were handwritten back then. showed that at first even republicans praised the young democrat. former governor's have veto power of who getting access to their archives. the meg whitman campaign tried to get access to the archives

but they say the governor turned them down. but if whitman had gotten access she probably wouldn't have found anything too damaging here. our sampling didn't. letters complaining about brown being late for meetings but no smoking guns. >> back in the 70s there were lots of western union telegrams here's one. >> reporter: it notified brown that the transition to him from ronald reagan was complete. lots of congratulating letters, one says, i look like liz taylor it say, brown did not respond. and early in his career, people

even wrote songs about him. judging by what he stored in his archives, brown loved the buzz. photos with ringo stars. letters from red fox. video tapes too, not of him performing his duties but of a rookie governor running for president. >> i still think that the actions that the president is taking is inadequate. >> reporter: he ran twice while governor first in 1976. >> how many states will jerry brown seek the nomination in? >> reporter: and again in 1980. >> by doing his trip to new hampshire over the weekend, governor brown let it slip that he plans to be out of california 20 days out of the month. >> i know him so well that in like two or three brief phone calls every day, i could get a sign off on things that had to

be done. >> reporter: still many californians recented the governor's wanderlet. >> you ran for president. >> that was a dumb move, i can say that. >> reporter: his soaring popularity disappeared, so did his clout, only now is he getting it back. >> reporter: san francisco police have scheduled a news conference for tomorrow morning to discuss the killing of a russian hill publicist. police say violence in the neighborhood is rare. visitors to the 36 unit building apartment need to be buzzed in through a call box. >> at this point we believe that a stranger knocked on the victim's door and that the victim answered the door.

>> reporter: harans uncle told ktvu that his niece liked to take part in social functions. and police say officers were questioning this man sanchez ferias on sunday evening when he jumped in a silver mercedes and drove off nearly hitting an officer. hours later, officers found the car but sanchez farias was gone. the chp says donald val ati was drunk when he crashed his prius this afternoon. the chp says his injuries are not considered to be life threatening. an east bay family is mourning the loss of a husband and father to three stepchildren tonight. the 32-year-old man was killed

on his way to work when his car was struck by a driver fleeing from the highway patrol. ktvu's mike mibach is in oakland with more of the crash. >> reporter: investigators say here's how two were killed. a motorcycle fleeing crashed into an suv sending both vehicles into an auto repair shop. >> it was like a big old explosion. >> reporter: highway patrol says minutes before the collision officers spotted the 18-year-old driver of the bmw speeding near 150th avenue and attempted to pull him over. >> eventually the driver of the vehicle that they saw shut down all of its lights and went into what we call stealth mode to avoid detection by the officers. exited the freeway at foothill

and mcarthur boulevard. >> reporter: the officers lost track of the bmw. moments later at about 2:00 a.m. in the morning, the officers drove to the scene of the collision that resulted in the death of the two drivers. >> he was a good guy. >> reporter: aragon says mark was driving to work early this morning when the bmw slammed into his son's suv. he was a husband and father to three stepchildren. >> i'm taking it hard, because ever day that's their dad. that's their dad. that's their friend. he's a friend to everyone. >> if the violator choosing to evade the officer, then the violator is responsible for the circumstances the that occur. >> reporter: morgan says highway patrol says a very distinct chase policy. the same policy applies when a pursuit heads into city

streets. >> the officer is compelled to always assess the situation using a risk versus gang scenario. if in that officers judgment it becomes too dangerous and if that officer or any officer can shut the pursuit down or cancel the pursuit. >> reporter: officers are required to take a pursuit refresher course every year although he did el emphasis that this collision was not as a result of a high speed chase. chp has not released the identity of that 19-year-old. mike mibach, ktvu. welcome back, we've got partly cloudy skies out there, tonight we're rolling into the bay area weekend. i have showers and rain back in the bay area forecast. so cooler weather as we head toward the weekend. it was cooler today too. you probably noticed that. 45 overnight tonight in napa, 50 in concord, 59 in freemont. saturday's temperatures will be on the cooler side.

not a lot cooler just a bit cooler. fair weather stuff, this is the system i'm tracking. as it moves in here on the weekend, rain will develop. when i come back, i'll have the newest computer models. i'll tell you what it's saying about the weekend, which days will be the driest. and there was something else to celebrate around here other than the san francisco giants. jobs. mayor newsom cut the ribbon for a new lowe's store. more than 60 people have been hired to work at the store. the mayor says the area needs to jobs. the store opened last friday. they disappeared on election day. where 75 ballots were finally found and what's next for the san francisco man accused of taking them.

>> i feel like they really shouldn't take him home. >> reporter: her child was killed a few weeks ago. ktvu finds a massive backlog and how it's stalling dozens of cases.

about 75 san francisco ballots that vanished on election day have now been found floating in a pond. 50-year-old carl nicholas is scheduled to be arraigned tomorrow on three felony charges. no word yet on what may have motivated the theft. the latest figures cast ballots in this week's election. the secretary of states office says 7.6 million people cast ballots in person or by mail.

counties say they have about 2 million ballots that haven't been processed yet. however several ballots have not yet provided a tally of their uncounted ballots. a statewide race and one here in the bay area are still too close to call. democrat jerry mcnerney is still too close to call, in fact, they put the difference at just 47 votes. and a recount is a distinct possibility. on wall street today, stocks were way up with the major indexes closing at its highest level in years. the nasdaq gained 37 points. analysts say the surge came in

response to the fed's plan to buy $600 million in bond in an effort to stimulate the economy by keeping interest rates low. president obama today expressed his desire to find common ground with republicans in the wake of their huge election night victory which shifted the ball balance of power in congress. >> we can't afford two years of this squabble. what we need to do is make sure that everybody is pulling together. >> reporter: president obama indicated he would be open to considering a republican proposal to temporary extend all of the bush tax cuts which expire at the end of the year. up until now the president had said he favored a permanent extext but only for the middle class not the wealthy. in response today, mitch mcconnell said the only way his party can succeed with his agenda is to make sure president obama does not win reelection in two years. dozens of unsolved cases

and months of delay. ktvu investigates why some cases are not solved for a year or more and what it would take to clear the backlog. and a man is accused of concealing his identity and then ditching the mask. we'll have more next.

from car thefts to murders, evidence that oakland police collected evidence is not getting processed. >> reporter: this is the spot where 13-year-old clark was shot and killed two months ago. the case of the well liked an athletically gifted boy who died just before starting high school remains unsolved. >> i don't know how i feel. i really don't know how i feel. >> reporter: jamon's mother did

not want to be identified but she talked to me and seemed to have little patience for the stalled police investigation. >> i really feel like it shouldn't take this long. because they shoot a police and they find it within a few seconds. and they kill a child and it takes months. >> reporter: her concerns ring true, especially how work looks inside of an investigation room. >> that's how much is required to pull a trigger. >> reporter: this is the police crime lab and like several other sections it has a major backlog of cases. >> the backlog right now is about 1,500 cases. backlog in this area is about 90 cases. that all adds up to a crime lab

backlog of 330 cases which could lead to delays of six to 10 months. >> in actually the we're not able to do that. >> reporter: and this isn't just car burglaries and vandalism cases. >> we're dealing with sexual assaults, you have lots of homicides, shootings, and a lot of drug cases. >> reporter: the police department is touting a $371,000 federal grant it's receiving to catch catch up on sexual assault cases because currently it can take months for those to receive attention. this was the scene after a recent police chase of a stolen car. the car was totaled and the suspects taken into custody. crime scene evidence technicians feel firsthand the major backlog the department is facing. >> it's impossible for our technicians to catch up without breaking for a call. >> having more personnel in the crime lab would be ideal for

our invest investigators to be able to have that quicker turn around to prosecute people or two out there and arrest the perpetrators. >> reporter: so what would it take to catch up on all the cases. more than $2 million in ditional funding to double the staff would help. >> we would probably be doing pretty well then. >> that would be going from a current staffing level of 24 people to 48. but the department doesn't even have the money to fill four authorized positions. >> i think if we are able just to fill the authorized positions that we have would be a move in the right direction. >> reporter: this is just one more case that could get caught up in the backlog, six, nine even 12 months. right now police say if solution is nowhere in sight. in oakland i'm john sasaki, ktvu channel 2 news. police say 40-year-old sandra samuel of richmond called them this morning after seeing reports of her son on

television. officers picked her up and took her into custody. police say samuel told them she didn't think she was fit to care for her 18 -month-old son. they say she admits to leaving the boy at a housing complex in san pablo. witnesses say they saw what happened and quickly called police. the toddler is now in the custody of child protective services. a short time ago the ceo of quantu pointed to two possibilities of an engine blow out in an air bus 8380. that is the worlds largest passenger plane. passengers say they heard a bang when an engine blew then an apology from the passenger. >> we're having a technical issue with our number two engine. >> reporter: debris from the engine punched a hole in the wing. you can see it there. after the 8380 made an energy landing in singapore. there were 459 people on board.

no one was injured. in london and at airports where there are similar air bus 8380s, inspectors inspected those jumbo jets. ktvu were told there were none of those 8380s at san francisco international airport today. -- at some point during the flight, the man removed his disguise in the bathroom. officials say they believe he's an american citizen but they don't know what his motive was.

stocks soared after news that tesla was selling investments. new figures showed trucks outsold cars last month in the united states. trucks made up 54% of all vehicle sales in united states in october according to industry tracker jd power and associates. that includes pickups, suvs and mini vans. economists say it's an indication that people are starting to spend more and are not intimidated by high gas prices. the world series champions are getting now for the offseason. inside the locker room at at&t park. today the players and giants employees said their goodbyes and packed up their gear. one member of the organization mike murphy started with the team as a bat boy when the giants first arrived in san francisco back in 1958. he has waited a long time for this championship. >> i've been a bride's maid three time with no bride but this year i'll be a bride. get a world series ring.

>> reporter: giant's president larry baird said today everyone will share in the victory, all employees will receive a bonus. they also said the team has sold 100,000 new season tickets. i'm tracking another weather system, it's headed our way for the weekend. i'll tell you which day will be the wettest, how much rain to expect and when it will get here. and a new author releases a documentary for young ladies. we'll tell you what it's about.

alameda police released new information that may help track the man who sold a woman's dog. police now have a license plate

number for a cutlass sierra. the car's left front quarter may be tan or gray. in addition, police say they will be offering a reward for the yorkshire terrier named duke. grayson passed away this afternoon. on saturday grayson was shot in the head while visiting a friend's home. the team is planning to honor them before their next fame game tomorrow. police have a 17-year-old in custody and booked for murder. the city council is deciding what to cut and the police department is high on their list. today they held a meeting. the city is facing a $500,000

budget deficit. the council discussed cutting police officers or merging with san mateo sheriff's department and the meeting got a little emotional. >> i just don't know how much we can take. but we're going to take them. >> next year the deficit is expected to grow to $800,000. officials say disbanding the city is not an option at this point. federal scientists returning today from an expedition in the gulf of mexico say they found dead corral near the blown out bp oil well that exploded this spring. this photo shows a colony of dying corral 4,600 feet below the surface. they say they still need to run tests on the coral to determine exactly what killed it. 18 bodies were found, they are believed to be mexican workers. they vanished back in september

as they left for a few days off in acapulco. investigators were tipped off by a site by a video posted on you tube by a little known gang. they are scheduled to stay at the newly rebuilt taj mahal hotel which left 166 people dead. after india, the president is to visit indonesia, south korea and japan. and in indonesia, mount marape erupted again today sending hot ashes and gas into the sky. at least 54 people were found dead today bringing the total to 98 since the volcano began erupting a week ago. the eruptions appear to be getting more intense. villagers left the area with no idea when they'll return home.

late word of a double shooting, details from the scene after the break. it's being called a breakthrough in detecting cancer. the screening routine that could save thousands of lives a year. and our chief meteorologist bill martin is track wet weather, how it could affect your weekend, coming up.

jennifer newsom was guest of honor tonight at a reception for her new documentary. ktvu's amber lee is live in san francisco tonight with our report, amber. >> reporter: frank, san francis can's first lady jennifer newsom attended a reception here to celebrate her new

documentary. newsom told us she spent the past three years making a documentary calledded misrepresentation. >> i remember in fifth grade and i was worry about my weight. now i'm in ninth grade and i'm still worried about my weight. >> reporter: it's a documentary to show women how to be happy with their bodies. >> i'm especially disgusted with the way the media treats us female leaders. >> reporter: about face organized today's fundraiser which will benefit the group's work to promote self-esteem among girls. the owners of the la boutique say they will donate 5% of their profits to the group. >> take the form of really thinking critically about media messages. >> reporter: according to

alameda district attorney o' malley -- event organizers say low self-esteem can lead to depression and eating disorders. >> as a teenager i had anorexia myself all in an attempt to turn into a cosmo girl. >> i know i definitely have my fair share of experiences of feeling disenpowered and so i wanted to be able to give back. >> reporter: the documentary will premier in january at film festivals. siebel newsom plans to show the films in schools. amber lee, ktvu channel 2 news. we are following developing

news where police are investigating a shooting that left two people dead. we have crewat the scene. the shooting happened on church and fresno street. more than a dozen police officers are still at the scene there. oakland police tell us one of the victims ended up driving himself to the hospital. paramedics took the other victim there. police say more than 20 rounds in all were fired. so far no description of the shooter. a isn't new cancer study suggests the better way to detect cancer among smokers. for years smokers have had x- rays that only detect cancer when it's too late for treatment. low flow ct scanners are better at viewing tiny ct levels.

welcome back to tracking showers headed your way. let's go outside into the live storm tracker two realm. you can see these clouds over us here, i'll draw them in. those are low level clouds. that's dry weather, out here the rotation is like this. that's wet inclement weather and it's a low right here. it's headed our way. doesn't get here until saturday night, sunday. rain in your forecast we'll put that into motion now. you can see that the systems are sort of moving slowly. thers a lot of cloud cover with the out in the pacific. that system late saturday into sunday. tomorrow more of these clouds. fair weather but cooler because of the filtered sunshine. the clouds are on the increase tonight. it'll still be cool. there still could be patchy cloud in the valley. tomorrow is friday already. the weather is deteriorating a abnormal. it's kind of what you expect for this time of year. change is coming as we get into tomorrow, with more clouds this

gets in here late. tomorrow with increased clouds five to 10 degrees cooler. tomorrow down to 70, 67, 70, 71. still nice but not as nigh as it has been. certainly will not be hot. tomorrow increasing clouds, light winds and temperature in san jose about 74. concord about 73 those temperatures down from today. the concord, overlight lows, lots of 50s. then we have the temperatures, the oranges are 80s and look where they are. they are still in the valley. you have cool here, cooler or mild and a little warmer. that's what happens this time of year is the on shore wind pushes the cooler moisture off the water. it happens in the summer too. this time of year you can really see it on that map. the forecast, this is the latest computer model run, 1:00 on sunday we move way ahead because tomorrow is good. saturday is not bad. some more clouds but dry. then we get into saturday night late, showers start to show up. sunday morning i'm not up yet but you're going to hear some

rain drops up in santa rosa. i'm up now at 9:00, you're going to hear rain drops in santa rosa all the way to san francisco. rain in the bay area, sunday afternoon you're watching football. there's sprinkles then it's gone. maybe .4 or .5 depending where you are. 72 in fairfield, the five day forecast looks like this. a little bit of rain. not a lot but a little bit. so tomorrow is okay, saturday clouds, maybe a sprinkle late and then sunday we have showers. >> so you're a late riser on saturday. >> 9:00 a.m., that's not a late riser. >> sounds good to me. a spacecraft has captured photos more than 15 million miles from earth. nasa's deep impact spacecraft took these images of a comet named heartily two. scientists say the images are a rare close up look at a comet and could help them discover how the planets in our solar

system were formed. the new facebook campaign to try to get bryan wilson on to a top rated tv show. ok, this is from... aunt stacey. introducing chase quickdeposit. just photograph the front and back of your check using the chase mobile app on your iphone, and hit send. it went through. this is so cool. this is so cool. you wanna try it? yea. ok. all right. who's next? make a deposit from anywhere, anytime-- with your iphone. to mister and misses walker. why would they send my parents a check? chase what matters. ♪

okay mark is here with sports. baseball is over. >> getting into prime time. i know. i know you love it you don't

like the result though tonight. especially in hockey, where frustration can lead into fights. terron gets the last laugh. shut out for the second straight game. more south bay center sporting activity. the quake of san jose in the playoffs. major upset game two in the round. condy scores one of his two goals in the night. then in the second the quakes get insurance, chris the header, they advance they will

play the winner of columbus versus colorado. even a day after your victory parade, the giants had to make a quick decision on one of their heros. but as expected they have declined the $10.5 million option on shortstop edgar renteria, the series mvp has hinted at retirement and there's also a chance the giants can get him back later at a lower rate or possibly even as a coach down the line. what do betty white and the giants closer wilson have in common. a group on facebook wants the mighty bearded one to host saturday night live soon. a similar campaign you may remember was started last year for betty white and strong support eventually got her on the show. great success too, we'll see if it can happen again. wilson will join jay leno for sure tonight. later this evening on the tonight show. one of baseball's most

successful managers ever george sparky anderson has died. talkative, never boring, always had something to say. the big red machine in two world series and took detroit tigers to another. he died of complications stemming from dementia. sparky was 78 yearsology. opening round of the champions tour event, 183-yard third and the ace. beautiful hole in one. despite that shot langer three shots back of the defender champ of this event john cook. and ron washington manager of the texas rangers despite falling shy against the giants has been renewed.

he will manage the texas rangers through the 2012. a very fine former oakland a's coach he was. >> be sure to join the morning news beginning at 5:00 a.m. they will have the latest on the sentencing of former bart police officer mehserle. have a good night.