well, good morning to you. welcome to "mornings on 2." i'm dave clark. >> i'm tori campbell.

it's monday, december 6th. we're still getting light showers this morning. how long will it last? let's check in with steve. >> thank you, tori. we're about done. we still have some cloudy to mostly cloudy conditions. some light rain but the heavier rain has moved off. still some impressive totals. heavier areas, where one to two inches of rain fell. there's more snore up in the sierra nevada. we had a lot of wind. gusts up to 50 miles an hour. the next system will be here -- probably tuesday night, into wednesday. there goes the system right there. i will give it credit. it's a very compact system. some dry areas moving in. there's middleton. almost 2 inches. petaluma, almost an inch. st. mary's college, almost an

until. blossom hill. some of the gusts, 41 miles per hour black diamond, the oakland hills 29 and crystal springs reservoir, 28 miles per hour. here's sal. steve, this morning, we do have slow traffic all over the place. some areas wetter than others. we don't have any major issues. we have a lot of minor ones. as weep drive through wet weather, they can't -- as we drive through wet weather, they can't stop as well. if you drive carefully and slowly, you shouldn't have any problem. there's still a wind advisory for the bridge, the bay bridge. just be very careful, especially if you drive a small car. >> we have new information on the overnight crash that sent a b.a.r.t. police officer and a suspected car thief to the hospital. investigators say the car came after the suspect rammed

another patrol car. ktvu's jade hernandez has been talking to investigators and joins us with this update. >> reporter: this pursuit ended right behind me just before midnight. the entire incident laughed -- lasted from four minutes to beginning to end. in that short amount of time, the suspected car thief suspected a -- suffered a serious head injury, putting him in icu. alameda county sheriff d eputies -- attempted to pull over the driver. but the driver had other ideas about pulling over. >> deputies on patrol found a car had been stolen out of the b.a.r.t. station. that car pulled into a throng driveway. deputies pulled in behind it. they got out of their car. they ordered the driver out. the driver put the car in

reverse, rammed the patrol car and went through a fence. the civic spun out of control on impact and hit a pole. the suspected thief is being identified as 23-year-old damon voice. he's on patrol for auto -- damon davis. he's on patrol for auto theft. also inside this stolen car, an air soft pistol. the sheriff's office is still investigating all of the details in this accident. the incident ended up here at b street on grand right here in hayward. of course, as soon as we get more details about this, we'll pass them along to you on "mornings on 2." reporting live from hayward, jade hernandez, ktvu channel 2 news. >> thank you, jade. 7:04. there's now a homicide investigation in oakland after the death of a 4-month-old baby. the baby was rushed to c

hildren's hospital yesterday morning, shortly after 1:00 a.m ., but it was later p ronounced dead. we we have very few details about the case. but there are reports that the baby may have been suffocated. later today, police in hercules hope to get some answers in another very sad incident involving a child. they are hoping to talk to the 9-year-old girl who was shot and critically wounded after she answered her front door friday night. doctors say she is making a rapid recovery at children's hospital in oakland. police are still searching for the gunman. they don't believe the girl was the intended target. the battle over same-sex marriage reaches an historic level this morning. a federal appeals court in san francisco is hearing arguments on prop 8. ktvu's kraig debro joins us now with more on today's arguments and a rally that's expected it start soon. >> reporter: good morning. the arguments start at 10:00 but the people started coming out at 4:00 a.m.

behind me you see that guy in the very front of the line, he's holding a sign here? he got here -- he got here at 4:00 a.m. he drove in from reno. prop 8 appeals rejected by the circuit court of appeals. opponents say this will be another important step toward equality. >> america is not about discriminating about a group of people. we're not asking for special rights. we're asking for equal rights. >> i'm not gay but i have a lot of gay friends. i think it's wrong that we don't allow them to be married. >> reporter: there's another guy here from philly. the man that drove from reno and four others want to be here for this. yesterday, prop 8 opponents stood in the rain to rally for

their position. another appeal by opponents of prop 8 was accepted. now the prop 8 proponents are d oing the appealing. >> the society has an interest to say we want those children that are inevitably going to be reduced to be funneled into the right situation. now, of course, children are raised, you know, for example by a single teenaged mother. that may be less than ideal and the government doesn't strip the children away from them but they also can say we're going to help out those situations but we're not going to encourage them because they are not the best environment. >> reporter: prop 8 proponents also saying that traditionally marriage is always between a man and a woman. that's gone back for centuries. they are not saying they are

discriminating. they are upholding rights here as well. a three-judge panel will hear two hours of arguments starting at 10:00. the first hour will determine whether the sponsors have standing to appeal. the state has already declined to appeal this case. instead, imperial county down near san diego is appealing this case. now, the second hour of the arguments will consider the constitutionality of proposition 8. last hour i talked about this issue of standing. what i heard from the alliance, mr. lawrence, is that one of the issues is the standing and they say imperial county has standing here because they are the ones that issue marriage licenses so they want to bible a want to be able to do that in in case, even though the state itself is not hearing. coming up at 7:30. i will have more on the rally b eing held here outside of the courthouse. kraig debro, ktvu channel 2 n ews.

>> thank you, kraig. and channel 2's website will have a live streaming broadcast of today's hearing. you can also find the history of the proposition 8 case at k tvu.com. let's go to sal. how is the commute looking out there? >> well, it's a little bit bet. even though we don't have the heavy rain like we did o vernight, the roads are still wet. friday we had a terrible day on 24, today, not so bad. hopefully it will stay that way. i think friday's weather was worst. that's part of the reason why the commute was worse. let's take a look at 880, still a little bit windy out there. you can tell our camera is s haking up and down a little b it. let's go to the bay bridge. i will tell you that the bridge traffic is going to be okay. this is a look at livermore westbound 580, that traffic is busy coming in off the altamont

pass. and on the nimitz, southbound 880 near tennyson, hayward may be slow. let's go to steve. we transition from a very cold november, kind of showery rainy at times into a very mild so far december. the rain totals -- most of the systems coming by have been .25, .50. parts of the -- of the higher elevations. not a bad system with gusts over 50. felton, 1.25. ben lomond, 1. lexington reservoir .89. sanjose only picked up .25.

mountdiablo has had gusts to 50 in the last two hours. big rock at 1500 feet 234 marin county. 41miles per hour black diamond, 35. 29miles per hour right above the oakland hills. mountain bikers you know about this one. crystal springs reservoir, gusts to 28 miles per hour. one system moves out. the next one is already soing some clouds. we're waiting for this system. some other totals. santarosa, 1.39. sanrafael over 1. oakland, .75. crockette, napa, .63, redwood city, 41. sanjose, mountain view, .25. morning rain light rain giving wray to sun and clouds. instead of 50s we're seeing

60s. 57 san francisco. very mild compared to last week. snow up in the sierra but it's a much warmer pattern compared to a couple of weeks ago. this is a big system here but it's going to flatten this ridge of high pressure, then start to move in, giving the north bay some rain. highs upper 50s, low 60s. a much different pattern, more mild than we saw a couple of weeks ago. tori and dave? >> thank you, steve. today, governor schwarzenegger makes one final attempt to balance the state budget. speaking of ugly, came's schools could be dealing with even more drastic cuts. what this will mean for both students and teachers. in a rare interview, the federal reserve chairman talks about what he thinks congress should not do to help the economy. q

no rain being reported. it will be a day with highs in the low 60s. a little breezy to windy, t hough, at times. here's tori. we have breaking news on the largest employment class action in history. there's a bay area ankle. the u.s. supreme court will consider throwing out the massive lawsuit that claims walmart pays women less than m en. the justices stepped into the case that could involve as many

as 1.5 million women. walmart is appealing a ruling by the 9th u.s. circuit court of appeals in san francisco. the class action lawsuit could go to trl with potentially billions of dollars in legal damage at stake. today, governor schwarzenegger will announce a package of bills to lawmakers in sacramento intended to close a $ 6 billion budget deficit. >> it is the governor's g overnor's one final attempt to balance the budget before leaving office next month. he's called lawmakers into a special special -- special session. the spokesman for the governor says to expect "ugly cuts." governor-elect jerry brown plans to meet with lawmakers on wednesday about the budget. and the outlook outlook for california schools is not good. 40% of state spending goes through to k through 12 education. for that reason, some fear

schools will likely take another hit. some officials worry the school year could be shortened by another week. they also say there could be more layoffs, more extra curricular activities and bigger classroom sizes. 7:16. well, democratic and republican leaders in congress are i ndicating they may have a deal as early as this week on extending the bush-era tax cuts for all americans. alison burns is live in our washington, d.c. newsroom with a breakdown about what the tax c uts mean to you and your f amily. good morning, allison. >> reporter: good morning. the word here at the capitol is that president obama might be willing to go along with the compromise that would extend all of the tax cuts for two years. but it's unclear if democrats in congress will sign on to a deal like that. over the weekend, senate democrats held two votes to increase taxes on the richest

americans. republicans blocked the m easures. they say taxes should stay the same for everyone. republican leader mitch mcconnell is more optimistic now about a deal. >> i think it's pretty clear n ow, taxes are not going up on anything in the middle of this recession. we're discussing how long we should maintain current tax r ates. there are other issues that many people feel are important to address. >> reporter: here's what's at stake if the tax cuts expire -- a couple with two kids making did the 75,000 a year pays about $1650 in federal taxes now. if the bush era tax cuts expeer, those taxes go up to about $4300 a year. we expect to hear what president obama has to say about the latest in the negotiations when he talks about the economy stat an event in -- at an event in north carolina today. alison burns, ktvu channel 2 news. >> thank you, alison.

7:18. well, federal reserve board ben bernanke says now is not the time to boost -- time to boost taxes or cut spending, saying the economy is too fragile. bernanke also said over the weekend that it could be four or five years before the u nemployment rate is back to a normal level of 5% or 6%. he says the continued high u nemployment rate, which is right now more than 9%, is one of the reasons for the feds' controversial decision, to start a $6 billion bond buying p rogram. a santa cruz county hiker who was rescued after being stranded six days in the woods is recuperating this morning. authorities say debra collins slipped and fell into a ravine a breaking an ankle. she went hiking and this is video of her rescue on saturday. a man and his son heard she was

missing and went out -- went to try to find had her. >> i wouldn't mind going for a hike, let's go out and we might get lucky. facebook is making major changes to its user profile pages. the changes include a new bio space there at the top and a more prominent photo section. another feature will show a mystery of your relationship with any of your facebook friends. some of the facebook members actually started seeing these changes yesterday. one survey said only 29% said they liked it. the new design will be

available to everybody by early next year. >> there's still some questions about privacy. 7:20. a wayward sea lion goes on an incredible journey. there's growing concern for the animal's health this morning. also -- why some bay area transit riders already paying higher fares might be paying even more -- even more money soon. good morning. northbound 101, that traffic looks pretty good approaching the 80 split. we'll tell you about the rest of the commute -- coming up.

this morning a wayward sea lion is under very close watch. over the weekend, this sea lion wound her way up the delta. she wondered more than a mile believe it or not on land before there, just wresting on -- rest ong a school campus. in contra costa county.

the sea lion immediately became a big star in the small community. the marine mammal center has already rescued her twice in this year. she's been eating toxic algae, which can cause brain damage. now, she may end up being euthanized if they determine she's suffered permanent brain damage. tens of thousands of bay area transit riders who have already experienced fare increases and service cuts could also see their taxes go up. "the chronical" is reporting that because of last year's bill boosted the amount that workers could pay out -- could take out of their paycheck. well, that benefit will shrink by about half without congressional intervention. it's believed the chain will

cost many commuters $500 a year in additional taxes. 7:24. a news alert just came in. done meredith of the cowboys just died of a brain hemorrhage. that just came in. sal is watching our commute right now. sal? >> he was also on monday night football. >> yes, he was. >> he turned the lights out and the party is over, used to sing that. >> sad news. >> we have a new accident northbound as you pass the coliseum. it's a motorcycle versus a car.

let's go out and take a look at westbound bay bridge. that traffic is backed up for a 20-minute delay coming into san francisco. this morning's drive on 880 southbound, that traffic is going to be slow approaching some earlier troubles near tennyson. look at all of that slow t raffic. the road sensors are very slow. let's go to steve. thank you. we have mostly cloudy to cloudy skies. one of the big stories after we get through the rain will be the toolely fog. i heard from our observer at

lake level, and there's snow. the snow level has gone up compared to a couple of weeks ago when it was really low. we made it down to 1500, 2,000 feet. now it's rain there at blue canyon. some of the -- some of the rain totals dumbing dumbing in dash 60s for many highs or upper 50s. cloudy to mostly cloudy. there could be rain in the

north bay by tuesday evening. more likely by wednesday m orning. better by friday. >> reporter: we're live here in walnut creek, take a look at the damage from this fire, a fire investigator just went in, he says he knows where the fire started. we still don't know how. it's sentencing day for three suspects in the tracy teen torture case. legal experts are weighing in on their possible punishment. why finding a broken parking meter in san francisco might not be so lucky soon for the people who choose to park there.

snow up in the higher elevations. it was raining overnight. but now it's snow. rain is ending for us. we do have mostly cloudy skies. it will be breezy but mild highs in the 60s. right now, traffic is going to be busy. there's a motorcycle accident northbound 880 right here in front of the oakland coliseum blocking the left lane. you can see traffic is quickly piling up heading up to the closure. we'll give you more on that t hat. it looks like they've temporarily closed all of the lanes. we'll let you know more about this straight ahead. >> 7:31. the chp is telling everyone be very careful as you drive to

work this morning. there is a high wind advisory on the bay bridge. look at the sign. the chp says there's a danger that that wind is strong enough it could cause you drivers to drift into other lanes. there are no wind advisories on the other bay area bridges so far this morning. yesterday's rain gave the bay area a really good soaking and look at this. a chp cruiser had its lights flashing as it swerved all across northbound lanes of interstate 880 in oakland while running a traffic break. that was just to keep drivers from hitting one big patch of water too fast. the weather by the way caused power outages for about 10,000 pg&e customers for a while. but we're told the lights are back on. 7:32. an early-morning fire in walnut creek is being called s uspicious. it started just before 1:30 at a building on oak grove road. claudine wong is live in walnut creek now with an update. good morning, yes.

the owner just stopped by to take a look at the damage. we've been moving closer to so you what was a vacant building. the fire investigator just made us way inside on the second floor and he says that's where the fire started. at this point he believes the fire started on the second f loor, weak bed the roof, the roof came down and collapsed everything underneath it. it was a very dangerous fire. you are taking a look at the video. we talk about the roof c ollapsing and we can see it happening in this video. at this point, the investigative believe the fires could have been burning as long as an hour before the security guard at the safeway spotted the flames coming through the roof and called 911. that was just after 1:00 this morning. it took them anywhere from 90 minutes to two hours to get the fire out because they couldn't make their way in. they literally had to put water

on the top and put it out that way because it was too dangerous to go inside. >> i'm not gonna put my life on the line and get collapsed on to get inside. i will do what i can within reason. >> reporter: this is a live picture this morning. this building was a restaurant 25 years ago. there's three levels to it. it's about 9,,000 square feet. it was shut down and left v acant. two years ago, an oral surgeon out of concord bought it. he was gonna put his new offices here. he says there has been a problem in -- there's been a problem with transients coming in and out of here. they think maybe that is part of what you caused this, transients caused a warming

fire. back out live here at the d amage, they just don't know at this point how this fire s tarted. we know there were new u tilities. the investigators say he -- said he saw a lot of graffiti, a lot of evidence, from inside. live here in walnut creek. in richmond, eight people who were forced out of an assisting living facility are expected to return home. the fire started yesterday at a facility on ohio avenue. firefighters say an overheated power strip caused the fire. it was put out in ten minutes. the fire caused about $5,000 in damage. 7:35. well, the battle over same-sex marriages reaches an historically. a federal appeals court in san francisco will take up prop 8. you are looking at a live picture, big crowd forming outside the courthouse right now on both sides of the issue. they are gathered outside.

kraig debro was out there -- is out here and he will have a live report coming up. but the panel itself, the judicial panel will hear two hours of arguments beginning at 10:00 this morning. first, both sides will argue about -- about whether the sponsors of proposition 8 have legal standing to appeal the ruling that struck down california's same-sex marriage ban. the panel will hear arguments about the constitutionality of proposition 8. now, our website will have a live streaming broadcast of the hearings. you can also find hearing about the case by clicking on the "prop 8" trial tab. well, san francisco's supervisor is pushing for new rules that would allow iconic rainbow banners to remain on lampposts. some of them need replacing. they've been there for decades -- for a decade.

according to "the examiner" the new law would allow permanent banners on market street. it would also provide oversight and possible fines for violations. vallejo police are investigating two separate murders that happened within hours of each other. a man was shot and killed around 11:40 saturday night on pennsylvania street. about two years later, a new man was stabbed to death. police identified the man shot and killed in the first ins s ent -- incident as anthony costello. the second murder happened outside this liquor store. they say the man was stabbed to death after some kind of argument. 7:37. later today, three people are expected to learn their punishment for the for churring of a teenager in -- torturing

of a teenager in tracy. this comes three years after the teenager stumbled into a health club almost naked and emaciated. he was badly bruised and had cigarette burns on his body. legal experts are saying because of the sweaty of the crime all three could get the maximum sentence which is 30 years in prison. parking for free at a broken parking meter could soon become more complicated in san francisco. right now, two hours are allowed before tickets are issued. the city's transit agency wants to move forward with the plan because it is introducing 5,000 new high-tech meters and some will allow motorists for as long as four hours at a time. >> know you are always tempted to park there if the meter is broken. let's check in with sal and

see if they are parked out -- parked outside of the toll p laza. >> let's go out and a like -- and take a look at the westbound bay bridge. the commute is backed up for about 15 minutes. there goes ac transit and b.a.r.t. moving along and taking a look at 880, they cleared and accident involving a motorcycle to the right-hand side. it's now a little bit slow but things are recovering now that the lanes are opening. it's going to be tough there g etting -- heading south. the south bay. 101 is the worst right now but 280 is slow as you drive out of downtown. 85 is slow from saratoga too cupertino. >> mostly cloudy skies. if you are getting ready for the day and there it is.

mostly cloudy. the rain is less than a rogue shower or two. could still be a few light showers. but a lot of clouds and then maybe a little bit of sun p eaking -- peeking through. light rain continues. it was rain overnight, then t urning to snow. some of the higher elevations. our system is about done. we're waiting for the next one. santacruz mountains, santa cruz area, focus on for this graphic, 1.50. felton, 1.25. felton and lom pico.

oakland hills, 29, right before the -- right above the caldecott. there goes our little powerhouse system. it's moved out and the next system already getting clouds closer. some other rain totals to the north. santarosa an inch. there were heavy totals 2. crockette/napa, both .63. redwood city, sfo, in san francisco, all three .40.41, .42. 50s on the temperatures. sanjose, san francisco. this is a different pattern now. instead of coming out of the north, they coming out of the west. the north bay could be picking

up some pretty good rainfall. some morning rain almost over with. breezy to windy. mild highs, 50s and 60s. maybe even a little above. sun, clouds, breezy, mostly cloudy to cloudy. rain wednesday. there will be rain thursday morning and then friday looks better. >> thank you, steve. 7:41. reading for freedom. that's what's happening in the east bay. this is to benefit two cal grads still being held in iran.

taking a live look at the big board on wall street, stocks pretty much stuck in neutral today after the federal reserve chairman, benberen inky's comments, that the economy is still struggling to become s elf-sustaining without the government's help. today, nuclear talks between iran and the u.s. are beginning in switzerland. it's the first time in more than a year this group has gotten together. just ahead of the meeting, iran announced that it had taken a major step forward in the nuclear fuel process producing what is called yellow cake, a vital component in enriched uranium. >> iran has become s elf- sufficient in the entire fuel

creekle starting -- cycle starting from the explanation and mining and turning it into yellow cake. >> iran says its nuclear program is for peaceful purpose posses, but u.s -- purposes, but officials say this could not be yielding enough for a n uclear-filled program but they say it might be enough to produce a bomb. a fund-raiser will be held in san francisco for the falls of two uc berkeley graduates still imprisoned in iran. shane bauer and josh fattal were arrested during a hike in july of 2009. shourd was just recently released. comedian nato green will make an an a. 7:47. we're closely watching this

colombia, that's where more than 100 people are believed to be missing from a land slide that literally swallowed up dozens of homes. now, those rains and floods have killed at least 170 this year, with at least 12 known to be killed in this latest disaster. the president of colombia says the number of people left h omeless from all of the rain could reach 2 million. an italian fishing boat has found the remains of two champion balloonists who disappeared while flying over the sea. contact with them was lost four days later after they began. if you want to buy a piece of u.s. criminal history, here is your chance for less than $

70,000. the montana property once owned by unibomber ted kaczynkski is for sell. he's currentlily serving a life sentence for killing three people and injuring others during a 17-year bombing spree. his cabin is not included because it's on display in a museum. we are feat going new information about the woman charged with holding jaycee dugard. she mentned in letters her husband, saying, if phil and i had the living god in our life, we wouldn't be in this mess.

the registered sex offender accused of assaulting a girl in a store is expected to enter a plea. he's being held without bail after being charged friday with several felony sex crimes. investigators say he sexually assaulted a girl at a dollar tree store while her grandmother andante were shopping in the next aisle. "the chronicle" reports six

of the oakland's police patrol beats are left uncovered during the average day. the paper also says there are only five officers to handle all investigations ranging from car thefts to car burglaries. the opd is expected to lose more officers to retirement and other police ds -- police departments. a the stanford football team will head to miami to play in the orange bowl. the cardinal will also face virginia tech for the first t ime. this is stanford's first appearance in the bowl since january two when they were in the rosebowl. san jose residents enjoyed a holiday tradition but you will find out why this year's parade could be that city's last one. and the plan that could change the type of drink you are able to enjoy at california bars and restaurants.

we have an update for you about that 12-year-old oakland girl who showed up at children's hospital after disappearing for several days. she told police she took a bus to a san leandro home and was sexually assaulted by two adult men. we talked with alameda sheriff deputies this morning. they are telling ktvu that there were a lot of inconsistencies in the girl's story when she was requested further, deputies say the girl finally admitted she made up the story and that it looks like -- and that it looks like she was staying at s omeone's house the entire time. california bars and restaurants may soon be able to infuse some some of the alcohol they serve. right now, it's illegal for establishments to infuse a lcohols to make a new flavor like a fruit-flavored vodka for example. they are only allowed to mix

individual drinks with fruits or vegetables as they are consumed. it's believed the bill introduced by mark leno will help bars and restaurants generate more business. 7:53. thousands of people gathered in downtown san jose for what could be that city's last holiday parade. the threat in the cancellation of this disappoints a lot of long-time residents. >> we've been coming here since i was a little girl and i actually used to be in a the parades when i was younger.

7:54. let's check in with sal and see how things are moving on this monday morning. >> things are not as wet as it was out there. things have dried out. highway 4, for example, not wet you will it -- but it will be slow as you come up on the commute here. you can see it's slow coming from bay point to concord, i don't see any accidents reported here in the last few minutes. in the south bay we've had low traffic and also get up from the south bay, you will see some slow ing. that's 880 northbound on the left. we've turned the camera around. traffic is very slow coming in from san leandro.

you see it there. that's because of an earlier motorcycle accident near the cool row see yum -- coliseum. that's gone now. let's go to steve. >> mostly cloudy skies, a few sunbreaks in there. the leading edge of the next system is already getting clouds close. ukiah, 1.50 of rain, sebastopol, 1.30. blossom hill, .78. from mont, .36. temperatures today, now, yesterday because of that south wind, san jose rocketed up to 67. i went 63 today. from 64 to 26 in oakland. a lot of upper 50s and low 60s now. instead of the upper 40s and

low 50s we had not too long ago. mid-50s. sun, clouds, 50s and 60s on the temperatures. rain wednesday, a little bit more rain thursday morning, thursday afternoon and then better conditions on friday. we're following a very serious overnight crash that happened in the east bay. this one sent a b.a.r.t. police officer and a suspected car thief to the hospital. today hercules police hope to learn more about the mysterious shooting of a 9-year- old girl that happened after she opened her own front door. >> the nation's highest court just made an important a nnouncement that involves the biggest employment discrimination case in american history.

>> reporter: why the plaintiffs in the prop 8 case this morning that the tradition of marriage needs a major changes. a high-speed pursuit after stolen car yields more than a parolee and explanation coming up. homicide detectives in the east bay looking for leads in the tragic case.

the victim, a 4-month-old baby. last night's wind and rain has moved on. but are we done for the rest of the week? the second hour of "mornings on 2" starts right now. this morning a crowd is f orming and growing outside the federal appeals court in san francisco. two hours from right now, a panel of judges will hear arguments about proposition 8. ktvu's kraig debro is out there wall street latest -- with the latest on what's going on. >> reporter: good morning, dave. we're at 7th and mission. many of these people are out here because they are opponents of proposition 8. many of them have come out as early as 4::00 a.m. to be out here to hear oral

arguments which begins at -- begins at 10:00 in the morning. we talked to two plaintiffs in this case, katie and sandy. they got married back in 2004. but when a california state supreme court overturned san francisco's gay marriage l aw, they had to start all over again. they were still together but then they couldn't be married anymore. when i talked to them this morning, they say it's a heterosexual tradition dating back several thousand years and it should stay that way. >> i think what the courts are here to to is to protect the groups that belong to a m inority. so that minorities are protected against the majority. i know the voters passed the l aw, it just happens to be u nconstitutional. >> marriage is defined as a marriage between one man and

one woman. it's not uncoy suggestion -- u nconstitutional for voters and lawmakers to come to that conclusion and say this is the public policy they want to have. >> reporter: volters in california approved proposition 8 back into 2008. there was challenges to it immediately. california state supreme court upheld prop 8 by a 6-1 vote s aying the voters had broken. later a court ruling overturned that ruling. today we stand in front of the circuit court of appeals. by this way -- by the way, this case is going to be watched throughout the country and there are live feeds going from pasadena to portland. this says -- imperial county is appealing this case. i asked mr. lawrence with the alliance defense fund if we should read anything into the

fact that imperial county is the only county in the whole state that's appealing this? he said no, some counties have declined to pursue this because of budget problems and so forth. he says how many counties -- are contesting it, it doesn't really matter. now we're gonna talk to some of these people out here, oral. orgments begin at 10:00. well talk to these people and -- reporting live in san francisco, kraig debro, ktvu channel 2 n ews. >> thank you, kraig. our channel 2 website, k tvu.com will brick you a live streaming broadcast of today's court hearing. you can also find the history of the prop 8 case by clicking 0 the prop 8 trial tab. we have new information on an overnight crash that sent a b.a.r.t. police officer and a suspected car thief to the hospital. investigators say the crash came after the suspect rammed another patrol car. jade hernandez joins us now

with this live update from hayward. good morning, jade. we've been closer to where this pursuit ended. in fact, you can see some of the car parts from the car that was involved in this incident overnight. you can see where it hopped this curb and slammed right in between the sign and the tree. it hit a flower bed ahead right there. the alameda county sheriff deputies attempted to pull over the driver of a '94 civic. they identified the civic as stolen from friday at the castro valley b.a.r.t. station. >> the deputies ran the plate of the car and it came back stolen. they follow the car. at that time the car pulled into its driveway on its own. deputies came behind it, ordered the person out of the car because they knew it was stolen. >> reporter: but the driver had other ideas about pulling over. he slammed into the squad car,

drove down the street and rand a -- ran a red light. the civic spun out of control and hit a pole on impact. at one point, it reached 60 miles an hour. >> the whole incident from start to finish was only four minutes. that includes the time of the car going into the driveway, going through the chain-link fence and everything. >> the suspected thief is being identified as damon davis, a parolee from hayward. he's on parole for auto theft. he's now in icu at eden h ospital. the b.a.r.t. police officer not involved in the chase suffered a concussion. he's at eden. as for this investigation the deputies saw an air-soft pistol inside the stolen car. jade hernandez, ktvu channel 2 news. >> okay, jade. thank you. there's now a homicide investigation in oakland after the death of a 4-month-old

baby. the baby was rushed to c hildren's hospital yesterday morning. but the baby did not survive. we have very few details about the case right now. but they're are reports the baby may have been suffocated. no arrests have been reported. that investigation continues. later today police 234 err -- police in hercules hope to get some answers in another sad incident involving a child. doctors say the little girl is making a rapid recovery at children's hospital in oakland. police are still out there l ooking for the gunman and they don't believe that little girl was the intended target. 8:06. the big news from washington, d.c. came just one hour ago. the u.s. supreme court has a greed to hear an appeal in the biggest employment discrimination case in u.s. history. the suit claims that walmart discriminated against hundreds

of thousands of women in pay and promotions. the lawsuit seeks back pay that could amount to billions of dollars. the case stands by an earlier ruling in san francisco. i don't know if you felt it, but there have been several small earthquakes in sonoma county this morning. the first one hit just before 6:00. it was a magnitude 3.8. it was centered near cloverdale. drive minutes later there were at least three smaller t remblers. the strongest one measured 2.4. we have no reports of injuries or damages in either case. >> another reminder we live in earthquake country. >> we live in earthquake c ountry. 8:07. checking in with sal, traffic is extra slow on the 880 commute? >> that's right, because we had an earlier accident in the doll low see yum. so we -- coliseum. we spun the camera the other

way. this is 880 and hegenberger. if you are going up to the bay bridge, make sure you factor that in. let's go up and take a look at the toll plaza, and by the way, it came upon me the other day that need to be in contact with more of you who drive the bay bridge, every day. so go to ktvu.com and find my e- mail. send me an e-mail. i want to ask you a couple of questions. we like to keep track of what the bay bridge commute is like. we will -- what we'd love to mare from you. the traffic is going to be busy in the south bay. i'm looking at this northbound 101 commute. looks pretty bad after 880. 237, but 85 and 280 are not that bad right now. we'll gist cross our fingers. let's go to steve. in between systems, we had

the one last night, this morning, very, impressive s ystem. most of the times were told -- were cold. boulder vehicle, take take a look here. 1.50. felton and lompico, 1.20. ben lomond 1 inch. sanjose .24. sometimes they get the rain. sometimes they don't. middletown, lake county, 2.50. sebastopol 1.30. some of the strongest gusts. big rock, 1500 feet in rah -- and marin county, 41 miles an

hour. black diamond, 35. oakland hills right -- oakland, berkeley, caldecott tunnel. 29. morning rain, it looks like it's done. a mix of sun and clouds. 50s, we'll have highs in the 60s. so the air mass is changed. instead of dropping -- everything dropping down from the north, the low is in the 50s. 37 tahoe with rain overnight. then turn to snow. very windy, though, strong g usts. ho-- 40s and 50s all the way from eureka and redding. that's a big low wrapped up there and a lot of cold air. it's going to flatten the ridge of high pressure. south bay will have a lot less from this. this could be a very wet

pattern foreareas, say, sonoma county, napa county north. we'll ease into that. morning rains, about done. highs in the 60s for many. we had some areas in the mid- 60s yesterday. mostly cloudy to cloudy tuesday. rain wednesday another shot of rain on thursday. it looks to be better on friday. 8:10. well, today in san francisco governor schwarzenegger is about to announce some more very ugly budget cuts and why some say any more cuts to education because of the budget crisis can make schools more like prisons. it's a face-lift for facebook.

today governor schwarzenegger will announce a package of bills for state lawmakers intended to close a $ 6 billion deficit. he's called lawmakers into a special session. a spokesman for the governor says to expect -- and i'm quoting here -- ugly cuts. analysts say the budget that was just passed in october was based on overly optimistic financial projecttions. now, jerry brown plans to meet

with lawmakers on wednesday about that budget. the outlook for california schools is not as good as lawmakers work to try to balance the budget. 40% of state spending goes to k through 12 education. for that reason, some are w orried now that schools will probably take another financial hit. one stanford professor says schools could become more like prisons because of larger class sizes. alison burns has reports about talks about a deal that could be in the works this week. >> reporter: you know, senate democrats forced votes over the weekend on tax increases for the wealthiest americans. but republicans blocked both measures saying taxes should

stay the same for everyone. now, democratic leaders are indicating they might go along with keeping the current tax rates . if republicans agree to extend unemployment benefits. those start the exirfire -- those started expiring this month. >> if we can get unemployment for those workers who have been out of work for weeks, even years, if we can provide help that will create jobs then i'll bite the bullet and say we have to go forward for a certain amount of time. a single person who makes about $20,000 a year pays $569 in taxes now but will pay $1300 -- $1,388 a year if the bush-era tax cuts are let expire.

president obama is due to speak on this this afternoon in north carolina. back to you. >> thank you. 8:16. federal reserveman benber canny says it could be four or five years before the unemployment rate is back to a normal level of five or six% -- 5% or 6%. he says the continued high u nemployment rate, currently more than 9% is one of the reasons for the feds' controversial decision to start a $600 billion bond-buying program. in a television interview over the weekend, bernanke says this is designed to keep interest rates low and promote job cut. today, secretary of state hillary clinton is meeting with foreign ministers from south korea and japan in washington to talk about the recent e scalations between south korea and north korea. also, president obama made a phone call to china's president to talk about that situation. the white house says president obama asked that china let them

know that the attack on a south korean island last month which killed four people is unacceptable. some more set backs for wicki leaks. the financial branch of the postal system has cancelled a wicki leaks bank account. so that leaveses the founder with few options for raising money for his website after pay pal also cancelled his account. in the meantime, he says he has progress set in place even if the website is shut down or he is arrested. 8:18. a santa cruz county hiker would was rescued after being stranded six days in the woods is recuperating this morning. authorities say debra collins slipped and fell into a ravine breaking her ankle. she went hiking -- hike ong

november 28th and was reported missing two days later. this is video of her rescue on saturday. this man and his son helped find her. >> i wouldn't mind going for a hike. let's go out and look. we might get lucky. >> found her on a remote trail. she was suffering from hypothermia and was unable to walk because of the injury. she had no food but was able to get watter from a nearby creek by using a plastic bag she had in her pocket as a cup. facebook getting a f ace- lift. the changes include a new bio space at the top and a procedure prominent photo section. another feature will show a history of our retion -- of

your relationship with any of your facebook friends. some members started seeing changes already and a poll that was done shows that just 29% said they like it. there's word that aol make break itself up and combine its content division with yahoo!. a public report says the dial- up access unit would be sold. but the plan is only in the exploratory stages. an interesting roller coaster ride for that company. >> it -- it really has been a roller coaster ride for that company. why some bay area transit

riders who are already facing higher fares might have to pay even more soon. if you are driving, it's dried off a little bit. but we still have slowing here and there. we'll give you an update on the morning commute -- straight ahead.

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over the weekend this, sea lion wound her way up the delta. she wonder -- wandered more than a mile of land. he the sea lion -- the sea lion immediately became a big star in the community. >> it's cool. >> the marin mammal center has already rescued her twice this year in santa cruz county. she was eating toxic algae which can cause brain damage. she may be euthanized if it's determined she has suffered permanent brain damage. thousands of riders who have already seen fare hikes and service cutbacks may see taxes go up. "the chronical" is reporting it's all because of the stimulus bill boosted how much workers can take out of their

paycheck to pay for transit. that will shrink by about half. let's chick in with sal, who is hopefully giving commuters good news about the traffic this morning. >> there's one snafu, westbound 580 right near the ailty month pass. there is a two-car -- near the ailty month pass. there is a two-car accident. if you drive in from tracy and livermore beyond that, you will see some slowing. let's go to bay area bridges n ow. we still have the high wind advisory for the bridge. at 8:25, speaking of the w eather, let's go to steve. >> thank you. we're not done quite yet. we have mostly cloudy skies. but still a little band or two of rain continues to fall. there is a line stretching from san rafael, towards american

canyon, benicia. the napa airport reported some rain, a little bit in the east bay. but that line is still there. so if you are just leaving the house. you might encounter some rain. more clouds than any rain. this system is holding on. it continues to do so. the next system is already knocking on the door. that's it right there. come on in. middletown, 2.50. ukiah, 1.50. sebastopol, 1.50. blossom hill, .75. sanrafael, .25. there's some really cod totals towards the santa cruz m ountains. now, the next system coming in is just spreading clouds. some other totals of note, santa rosa, 1.350. oakland, .75. crockett/napa, .6 3. and then

san jose/mountain view only .25. morning rain, then sun and clouds. but very warm and breezy. temperatures starting off in the 50s. these are our highs. the lows in the 50s will be. 39 in tahoe. the snow level is actually pretty high. that's a whopper after system. it's going to move towards vancouver and then funnel in a lot of clouds. it looks like to the north bay, by wednesday. some morning rain holding on. sun and clouds. highs will be in the 50s and 60s. mostly cloudy, tuesday, wednesday, rain. thursday tomorrow morning rain. showers and then friday, some clearing. right now, fire investigators are inside a devastated building in walnut creek. they are looking for the cause but they are also looking for possible victims. we'll explain. they are castro district i- i-cons.

they represent -- icons. now there is a debate about the future of them and whether they will be able to remain. and why finding a broken parking meter may not be so lucky for people there choosing to work there.

an early-morning fire in walnut creek, this fire started at 1:30 this nothing. claudine wong is in walnut creek live right now and they are s aying this looks suspicious, right, claudine? >> reporter: it was a vacant building with no utilities. so certainly there had to be a

cause somewhere. they think at this point, they are looking at maybe possibly transients inside. this investigation just getting underway. i want toe somehow the contra costa county fire department just on scene. they are getting a look at the damage to see if that will give them any indication how this fire started. the damage is pretty extensive. investigators want to fight out -- figure out how this fire started. they say this roof is going to collapse at some point, it's just a question of when. farther of the reason this, fire has been burning

undetected. firefighters put on water from above but in the last hour, the fire investigator was able to at least get inside. >> just by what i see from the fire patterns i was able to access it in inside. there are two fireplaces. whether they were in use, i can't tell. >> reporter: he also said he saw a lot of signs of graffiti and trash. ten years ago an oral surgeon bought it and he was here this morning and talked to us when he came to take a look at it. >> i was gonna de-- demolish it and put up a medical building. >> reporter: are you still gonna do that? >> yeah.

>> reporter: you are looking at video that we got from above. this was a a three-level b uilding. the doctor said he -- said he hopes no one was inside. that's something that investigators say could take all day. it could even take -- take some time. in richmond where a fire forced people to flee from a facility on ohio avenue but they are expected to go back today. poofs say an overheated power

strip caused the fire. they put it out in about ten minutes. but smoke prevented the r esidents to go back in. the fire started -- caused about $5,000 in damage. an autopsy is scheduled for a 4-month-old infant as investigators investigate the possible homicide. the baby reportedly died yesterday at children's h ospital. we have very few details about the case. but there are reports that the baby may have been suffocated. the child linked on 6th avenue and this morning -- this morning, neighbors are reacting. the fall far a -- the battle over same-sex marriage, the federal court in san francisco is hearing arguments.

kraig debro is joining us more about the arguments -- more about the arguments. >> reporter: good morning. that rally is taking place at 7th and mission at the circuit court appeals. most of these people are supporters of gay marriage. if you look over here, there are people with the relidges are against gay marriage. if you look across the street and further where most of the opponents have settled in. >> these are the plaintiffs. they got married when san francisco legalized gay

marriage. >> i think if there is a parallel it's probably from a century and a half ago. >> it's really interesting have to -- having to fight for the same rights other people have. i feel really proud to help lead this effort because i certainly think it's incredibly important, not only for chris and i but for other gay calls. >> reporter: 2008 california voters approved a ban. the opponents challenged it. then the following year the supreme court upheld the vote. they are gonna discuss the constitutionality of gay marriage. i'm told by people who oppose gay marriage that this ruling probably won't be out until february, maybe at the earliest

but really there's no timetable for when the judge also decide this. but in either case, it looks as though it's gonna be appealed. the only question is will the justices accept the case before actually deciding to rule on its merits. kraig debro, ktvu channel 2 n ews. a san francisco supervisor wants new rules that will allow the iconic rainbow banners for gay pride to remain on lampposts in the castro districts. they've been a symbol for years. according to the examiner, the new law would allow permanent banners on market street. it would also provide oversight and fines for violations. 8:37. later today, three people are expected to learn their punishment for torturing a

tracy teenager. today's sentencing comes two years after kyle martinez, then 16, stumbled. a health club nearly naked with a chain shackled to his ankle. legal part thes can believe because of the severity of the crime, all three can get the maximum sentence of 30 years in prison. parking for free at a broken parking meter could soon become a lot more complicated in san francisco. that's because the city is considering limiting the amount of time that you can park at a broken parking meter to one h our. right now two ours are allude before you can get a ticket. the city wants to move ahead because it's about to introduce 5,000 new high-tech parking meters. some will allow motorists to say in one space for as long as four hours at a time. >> i hope i can figure those o

ut. -- let's check in with sal. >> caesar chavez brocking the fast lane. that just came in. use 280 instead for now. traffic is not doing well. southbound is on the right. northbound looks okay, though. if you are going to the bay bridge, westbound, as you come up to the toll plaza, no major problems although it's still a little bit slow. this morning's commute in livermore, some slow traffic, 84 is also very slow leaving the livermore valley and then the south bay i would say 280 is slow and so is 101 getting up to sunnyvale. let's get to steve. >> a lot of information, a little ktvu shout out to captain harris of the berkeley

police d. cynthia's husband. [ applause ] >> very good. thank you. courtesy of nelson. we have a little bit of rain still holding on. it's about time we had some decent totals. all of these systems that came in in november, yeah, they left a little bit of rain. this system packed more of a punch. ben local hundred, an inch of rain. santacruz, .82. not too bad but there were some heavier amounts to the north. including middletown up in lake county which had two and a

half. snow has been on the higher elevations. the snow level has gone up a very mild pattern. this system produced 50 miles an hour. the leading edge is spinning in. healdsburg picked up 2 inches. i know santa rosa had 1.30 and 2 at cazadero. 50s right now. mid-50s. palo alto 53, 39, tahoe. so i mean coming up with that very mild air mass.

60 down towards palm springs. a very cold, deep dynamic system will move forwards vancouver and kind of flatten the ridge of high pressure tuesday and wednesday. but it's already enhancing and funneling in a lot of clouds. dave and tori. 8:42. it's a fund-raiser for freedom. an event tonight that will help with the campaign for two hikers still jailed in iran. also -- how oakland's dwindling police force is r eportedly affecting street patrols and investigations. it's an ipad giveaway. one of the country's biggest department store -- stores making a special offer

let's bring you up to date on some of the top stories we're following right now -- an overnight crash in hayward sent a b.a.r.t. police officer and suspected car thief to thhospital. investigators say the same

driver had rammed the sheriff deputy -- sheriff deputy's car moments earlier. the suspect suffered serious injuries. today, police want to question a 9-year-old girl who was shot and critically wounded after she answered her front door friday night. and the u.s. supreme court has just agreed to hear an appeal in the biggest employment discrimination case in american history. the lawsuit claims walmart discriminated against hundreds of thousands of women in both pay and promotion. 8:46. today, nuclear talks between iran and the u.s. along with other members of the united nations security council are beginning in switzerland. it's the first time in more than a year, the group has met. just ahead of the meeting, iran announced it had taken a major step forward in the nuclear fuel process producing what is called yellow cake, a vital

component in enriched uranium. >> iran has become s elf- sufficient in the entire fuel cycle starting from the exploration and then mining and then turning it into yellow c ake. >> iran says its nuclear program is for peaceful purr pos but u.s. government experts say the mine that is producing the yellow cake could not be y ielding enough of the s ubstance, but they say it might be enough to produce a bomb. a fund-raiser will be held in san francisco tonight for the families of two uc berkeley graduates imprisoned in iran. shane bauer and josh fattal will arrested with share rue shourd in july 2009. shourd was just recently released. tonight's fund-raiser will feature readings by well-known authors at the verde club, nato green will make an appearance.

we're getting new information about the woman charged with holding jaycee dugard captive. a sacramento tv station obtained jailhouse letters sent from nancy garrido and revs phil garrido. if you are inclined to buy a piece of american criminal history. you can do it for less than $ 70,000. the montana property that was once owned by the unibomber, ted kaczynkski, is for sale. there's no running water on this property. he's right now, serving a life sentence for serving three pipe and injuring 23 others during a 17-year bombing spree.

now his cabin is not part of the deal since that is on display in a museum. 8:48. there's a new report today about the challenges facing the oakland police department as it operates with a dwindling police force. "the chronical" reports six of the city's 33 patrol beats are left un-- dash uncovered during the average day. the paper says there are only five officers to handle all investigations ranging from car thefts to burglaries. opd is expected to lose more officers to retirement and other police departments. google's new network debuts tomorrow. but some industry analysts think this could be a wide scale t est-run. industry analysts say this is google's answer to the ipad. google believes the tablet will catch on because it -- because it runs on a cloud-based operating system. but only 65,000 of the chrome os works will be released at

works. and that's raising questions about the readiness. bloomingdale in new york is offering a free ipad as a holiday incentive for discuss mess. the ad says next time take home a free ipad with almost any $ 1500 purchase in y.e.s. and the offer applies only to the flagship manhattan store. in a remake of the animated classic, it just knocked harry potter out of the top spot at the box office. >> i know not how you are, nor how i came to find you. >> "tangled" is disney's 3-d animated version of the story of rapunzel with mandy moore providing the princess's voice.

ten minute before 9:00, the stanford football team will head to miami in the first ever orange bowl for them. the cardinal will also face virginia tech for the first t ime. this is their first appearance in a major bowl for the first time. andrew luck is expected to be a finalist for the heisman trophy. sad news, former cowboys quarterback dandy don meredith died this morning after suffering a brain hemorrhage. he played for the dallas cowboys from 1960 to 1968. it became an even bigger national celebrity being on monday night football along with howard cosell and frank g iveord -- giveered -- he died this morning. >> yes. very sad news. 90 minutes of -- nine m

inutes before 9:00. the changes coming -- that may be coming to bars and restaurant here.

we have anian date about a 12-year-old girl who show under at children's hospital after disappearing for a few days.

she told police she took a bus to a san leandro home and was sexually assaulted by two adult men. we talked with alameda county sheriff deputies this morning. they are telling ktvu there were a lot of inconsistencies in the young lady's -- youngly day's story. when questioned furthering she finally admitted she made up the story. it looks like she was staying at someone ahouse the whole time. new this morning, the government just reseesed estimates of the 2010 u.s. census count. the estimate shows the population grew to 300 million and 313 million. lat year, 284 million. the figures being released are just estimates. the official 2010 count is still a few weeks away. california bars and restaurants may soon be able to infuse some of the alcohol they serve. right now it's illegal for

establishments to infuse a lcoholss -- bars to make at infusion. it's believed it will help bars and restaurants generate moyer business. thousands gathered in d owntown san jose for what could be their last holiday parade there. city officials say budget cuts may make it impossible to put on the parade next year unless more sponsors come forward. this year, various sponsors including the san jose mercury news and coca-cola pitched in $ 150,000 for the parade. $200,000 more came from the c ity. the threat in cancellation is disappointing a lot of long- time residents. >> we've been coming here ever since i was a little kid. i timey used to be in the p arades when i was younger. >> san jose city officials hope

to get a subpoenasser is pay for the parade next year. the city had to cancel the 4th of july fireworks when they couldn't get a sponsor for that event. some e nvironmentally- conscious f amilies are enjoying a growing tradition this holiday. they are renting a living christmas tree. business owner scott martin g rows and rents out several varieties of living christmas trees in southern california. they are -- they are full-sized trees and are delivered to your door. the prices range from about $25 to $125. not included for delivery and then after the holiday, the trees are picked up, they are taken back to the nursery they came from. >> someone mentioned that it's less of a fire hazard and the needles don't drop quite as much when they cut the live tree -- trees. let's check in with sal. >> quickly we're gonna do 101 because it's a mess.

there is a crash as cesar c havez. its it's cleared out out now. give yourself some extra time. we have a little bit of sun moving through. could be a few light showers. sun, clouds, breezy, mild, 60s on the temperatures, mostly cloudy tuesday, it looks like more rain wednesday into thursday and then all signs point toward a nice weekend. >> really? >> four out of five 1234. >> yes. >> i'll look forward to that. thank you for watching, everyone. >> bye now.