>> reporter: in san francisco this afternoon, both sides of the gay marriage battle argue in front of the district court judge. who will come out on top? that's next. >> reporter: getting away from cyber bullying isn't as easy as closing your laptop. so find out how some bay area students are learning to protect themselves today. plus -- it's a horrific case of teen for chur that captured ed the bay area's attention -- captured the bay area's

attention. that's at noon. good afternoon. topping our news this noontime, with the debate over gay marriage going to a new legal level, the hearing over the proposition 8 is now underway at the 9th circuit court of appeals in san francisco. while the lawyers debate the merits of the case inside, there is also a lot of debate going on outside. ktvu's kraig debro jokes us with details on what's -- joins us with details on what's happening now? >> reporter: good afternoon. both sides are arguing in front of judges, a three-judge panel behind me. the for and-and-against sides have been -- the for-and- against people around me. we did speak to a lot of people earlier this morning. for instance, the plaintiffs in this case, chris perry and

sandy styer. they are raising two sons. >> it's really interesting having to fight for the same rights other people have. i feel really proud to help lead this effort because i think it's incredibly effort not only for chris and i but for other gay couples. >> it's totally constitutional for the voters and lawmakers. >> reporter: in 2008, california voters approved prop 8, a state constitutional ban on same-sex marriage. >> all rise. >> reporter: this morning in front of a three-judge panel in federal court, prop 8 opponents had to first convince the judges that they had standing or the right to challenge the earlier decision. an attorney for the proponents never even finished his first sentence. >> the plaintiff thinks justice is served where the appellate review is frustrated in in case, where the state

defendants circumvent -- >> i don't think they are t alking about justice. i think they are talking about procedural rules. >> reporter: a decision by the supreme court last year u pholding the vote and earlier this year, a district judge's decision overturning that ruling have led to the emotional d ebate. [chanting ] >> reporter: imperial county, california, and only imperial county is challenging. this man argues that the county has no standing because it will not be harmed by gay marriage. he also found out the judges weren't playing favorites with either side. >> would not anyone found by the injunction have the right to appeal? >> i think they would have the right to appeal. i don't think these appellates

are directly bound by the appeal because the injunction makes clear who is bound. >> reporter: the judge placed an injunction in his own ruling. but imperial county may have a bigger problem. the clerk in the county, a person named in the appeal, isn't even at the hearing. one judge told the county's attorney, if that's the case, e nthen we is -- then we have a problem. the second hour is focusing on the constitutionality, p rohibiting minority to exercise rights others have had for centuries. back to you. >> and you can see the hearing streaming live on ktvu.com. and then click on prop 8. within the next hour, governor schwarzenegger plans to announce a package of bills intended to close a $6 billion budget. the 1:00 p.m.

announcement will alay out the governor's final attempt to balance the budget. he called lawmakers into a special session to address the issue. they said to -- the governor said to expect "ugly cuts." governor-elect jerry brown plans to meet with lawmakers on wednesday about the budget. and at this hour, the california state assembly is convening to swear in terms for the upcoming two-year session. california's new supreme justice is scheduled to administer the oath of office. the speaker is set to let out priorities that include the state's -- state's ongoing problems that would undue governor schwarzenegger's veto for child care who have moved to welfare from work. there is a new report about the challenges faced in the oakland police department as it operates with a dwindling

police force. "the chronic kell" reports six of the city's 33 parole beats are left uncovered during the average day. the paper only says there are five ours -- officers to handle investigations, ranging, from car lefts to -- car thefts to robberies. today, three people who admitted to torturing a tracy teenager received the maximum possible sentence of 30 years for their crimes. the sentencing comes two years after kyle ramirez, then 16, escaped his captors and stumbled into a health club nearly naked with a chain shackled to his ankle. the emaciated teenager was badly bruised and had cigarette burns on his body. he chose not to speak during the hearing but his aunt addressed the defendants calling them d emeanted

monsters. the registered sex offender accused of sexually assaulting a girl in a store made a court appearance. we just spoke to court officials moments ago and they said eugene ramos did not enter a plea. they said his attorney requested a bail reduction. so the hearing was postponed until wednesday. investigators say he sexually assaulted the girl at a dollar tree store while her aunt was in the next time -- aisle. youth summit 2010 is an effort to empower teachers, parents and concerned family members to stop the alarming trend of bullying, both in person and online. ktvu's jade hernandez joins us with more from oakland. good afternoon, jade. >> reporter: good afternoon. it's not new but it is a growing trend, online bullying and g etting away from it isn't as easy as closing your laptop. so today, 100 students from across the bay area gathered to

discover ways to protect themselves and help others. this student wants tools to fight cyber bullying. this woman says she's been a victim targeted on facebook. >> like, cyber -- like cyber bullying is really a big thing. i read bad stuff about me on the internet. >> reporter: she's not the only student to find herself damaged by online rumors. >> large school studying, private school, it's a problem. >> sometimes when you are b utlied, i feel -- bullied, i feel like you are alone and there is no one to help you. >> the anti-defamation league is set to fight cyber bullying.

>> kids, parents and teachers need to know how to respond to this. this is an unfortunate trend that is affecting everyone. >> reporter: the students are learning how to be an ally, and the cal state east bay education center. students from nine bay area students program paid, i ncluding -- participated, including oakland, fremont, pinole, albany and petaluma. jade hernandez, ktvu channel 2 news. >> thank you, jade. later today, police in hercules hope to get some answers in a sad incident involving a child. they hope to talk to the 9-year- old girlwho was shot and critically wounded after she answered her front door friday night. doctors say she's making a rapid recovery at children's hospital in oakland. police are still looking for the gunman. they do not believe the girl was the intended target.

there are reports of an arrest in the death of a 4- month-old baby in oakland. the baby was rushed to c hildren's hospital yesterday morning shortly after 1:00 a.m., but was later pronounced dead. the "the oakland tribune" is reporting the arrest of the 26- year-old father on suspicion of child endangerment. they say the baby may have been suffocated. an autopsy is scheduled for today. coming up -- >> reporter: the damage to a walnut creek building was so severe, firefighters couldn't get inside so they went above. we'll tell you about the search for the cause and the ongoing search for victims. and is more rain in store this week for the bay area? mark toe my yee will have y our -- mark tamayo will have your forecast. and the changes in the works for facebook once they log onto their profile.

investigators are looking for the cause of a fire that destroyed a empty building earlier this week. while the damage is estimated at $1 million. ktvu's claudine wong reports why the owner is not too upset over the fire. >> reporter: this is what's left of a 9,000-square foot building that had been vacant for more than two decades. there was no electricity, no g

as. so the question remains what or who started this fire? >> when i was inside the limited area i could go in, i saw a lot of graffiti, a lot of evidence of transient banker, empty drink containers, trash, chip packets, things like that. >> reporter: we still do not know if anyone was inside when this fire started or when it burned because by the time firefighters were called just after 1:00 this morning, you can see the roof had already started to collapse. firefighters say by that time there was no safe way to go inside. so the fire had to be fought from the outside in and even after the fire was out, the damage remains. >> with the tile up there and the roofing structure collapsing is inevitable. it likely started on the upper level, just from what i can see. from that area there are two fireplaces. whether they are in use or not at this time, i can't tell.

>> reporter: this building used to house a restaurant but that closed 25 years ago. ten years ago, dr. benjamin chan bought it and planned to demolished it next month. >> i was going to demolish it and put up a medical building. >> reporter: are you still gonna do that? >> yeah. off and on there's been home les entering into -- homelesserring in there -- homeless entering in there and. >> reporter: we used our our own camera to take take a look above. but but it's what's underneath there that has investigators concerned, the possibility of other people. and the fire department says they will likely need a crane to see what if anything or anyone is underneath. a parolee is in custody after a police chase and crash

sent the parolee and b.a.r.t. police officer to the hospital. it happened around midnight at grand and b streets in hayward. investigators say the driver ran a red light during the chase and smashed into the b.a.r.t. police patrol car. the driver was hospitalized with a serious head injury. the b.a.r.t. police officer suffered minor injuries. investigators say the same driver intentionally rammed a sheriff's deputy's car just before the crash. >> the whole incident from start to finish was only four minutes. that includes the time of the car going in the driveway, going through the chain-link fence. it was very short. >> officers way the -- say the incident began when sheriff deputies identified the s uspect's car as stolen and the suspect fled. they say he was on parole for car theft. we want to check in with mark tamayo. not too bad? >> right now we just have a few clouds and temperatures, in f act, on the mild side. right now, on live s tormtracker2, our old storm way

out to the east. we could have a few lingering sprinkles. and still, there is a chance this afternoon for the -- especially for the higher terrain of a popup sprinkle. for the most part we're pulling down on the rainfall p robabilities. right now at walnut creek, 63 degrees. you can see some blue sky paying us a visit for today. as far as current numbers, santa rosa, 60. redwood city at 63. and san jose at last check, 64. satellite and radar, you can see the evidence of yesterday's system moving out to the north and east. we do have this cloud batch o ffshore. most of the energy does head off to the north. there is still the possibility of a shower for this afternoon. but for the most part a dry weather pattern for monday and tuesday with partly cloudy s kies. mild conditions as high pressure remains anchored over a good portion of the estate and there is a new system moving in. a couple more systems wednesday and thursday. winds could be on the increase and probably not strong enough to have wind advisories.

but something we'll be watching by midweek. here is a you -- here is our forecast model. there is our rain offshore for tuesday afternoon at 5:00. as can you see into wednesday, that rain line pushes onshore for wednesday morning and into the afternoon hours and still a fairly good bet as we head into thursday. for the afternoon, partly cloudy skies. a bit of a breeze and temperatures from the upper 50s to the low to mid-60s. 58 to 65 degrees. and then for this evening, scattered clouds to the low 50s, 48 to 53. here is a look at the number numbers. oakland, 65. sanjose, 66 and half moon bay 60. here is a look ahead. do all of the outdoor activities today and tuesday. you can see what's upstream by wednesday. there's our next weather system. showers likely into thursday. chance of a few lingering sprinkles on friday and looking toward the weekend, it should be dry. probably our biggest concern

with all of that lingering moisture in place you get that dense fog. that will be a concern by saturday. >> we're due for a nice weekend. it's been a while. >> it will be dry. >> thank you, mark. today, president obama is calling for a bipartisan compromise on the extension of tax cuts and hopes to see a resolution in the next couple of days. he spoke at a college in north carolina and he said he might accept the compromise that would extend all of the bush- era tax cuts for two years in exchange for the extension of u nemployment insurance benefits that just expired last week. >> i believe we should keep in place, tax cut force workers and small businesses that are set to expire. we have to make sure that we're coming up with a solution, even if it's not 100% of what i want or what the republicans want. >> democratic congressional l eaders are meeting with vice president joe dieden today to discuss this option before s itting down with republicans to

negotiate the details. the international criminal court says it's opened a w ar- crimes investigation against north korea. the move stems from north k orea's november 23rd shelling of an island under south korean control and it's sinking of -- its sinking of a south korean warship in march -- war ship in march. the international court said it has jurisdiction because south korea was mock the signers of the 2002 that -- was among the signers of the tweety. shane bauer and josh fattal were arrested with sarah shourd in july of 2009 near the i raq/iran border. shourd was recently relessed. tonight's fund-raiser will feature readings by well-known authors in san francisco. comedian nato green, will also make an appearance. you will find a link to k

tvu.com. under "web links." facebook is introducing a major overhaul for user profile pages. the new look aterms to organization a jumbled connection of elements into one window. another feature will show a history of your relationship with any of your facebook friends. some members began seeing the changes yesterday and a poll shows just 29% said they loved it. the new design will be available for everyone by early next year. google has entered the electric book business. it opened its ebook site t oday. they are in direct competition of amazon.com, sellers of the kindle electronic reader. they will work on the books and they them brand-new books and a portion of the books google has

scabbed in its library. a wayward sea lion remains under watch.

right now, a wayward sea lion remains under close watch at the marin mammal center in

sausalito toe -- sought heat toe. over the weekend, she wandered more than a mile on land. the sea lion immediately became a big star in the community. >> it's cool. whenever already. >> our -- [ laughter ] >> our new mass dot. >> the marin mammal has rescued her twice. she'd been eating toxic algae which can cause brain damaged. it may be use -- euthanized if it is determined she suffered brain damage. don meredith from the dallas cowboys has died. in 1970 he joined frank gifford and howard cosell in the broadcasting booth. he was famous for singing "turn

out the lights, the party is over" when the team fell behind. coming up, the winningest season will head to miami for the first time in the orange bowl. they will face the hokies of virginia tech. the this will be stanford's first appearance in a major bowl since january of two. last year the cardinal lost to oklahoma in the sun bowl. coming up at 5:00, a contra costa county juvenile hall counselor arrested on porn charges has been molested -- has been arrested on molestation charges. and the drug violence in mexico has many baseball immigrants rethinking traveling plans. that and more coming up on the ktvu channel 2 news at 5:00. thanks for watching and have a great day.