>> reporter: the judges gave to hint by their questions which way they are leaning on whether the ban on same sex marriage is unconstitutional but first they tackled the issue of legal standing, the issue of legal standing surfaced after outgoing california governor arnold schwarzenegger and attorney ginger ray -- and attorney jerry brown -- the judges raised questions. >> this -- is not allowed to veto this measure but he can in fact veto. >> reporter: the judges also heard arguments about whether prop 8 discriminated against gays and lesbians who want to marry. 52% of the voters approved the measure. >> this fundamental question, it is whether the definition of marriage, that momentous issue is one for the people themselves to resolve through the democratic process. >> the evidence has been from

the beginning clear that marriage is fundamental right for all people, that depriving our gay and lesbian citizens of their right to marry harms them and harms the children that they are raising. >> reporter: a ruling on today's hearing could be months away, so losing -- the losing side expected to appeal to the full ninth circuit or all the way to the u.s. supreme court. reporting live in san francisco, rob roth, ktvu channel 2 news. >> and we have a special section on our website with more details on today's hearing and proposition 8. just log onto ktvu.com. the new legislature was sworn in today as governor schwarzenegger called a special session to deal with a $6 billion budget deficit. >> it is extremely important to start with it right now, the fiscally responsible thing to do. >> the governor wants to reduce food stamps, child care and welfare programs but many democratic lawmakers have little interest in working with

the lame duck governor and prefer to wait until democrat jerry brown is sworn in. >> i voted against the initial budget because of those cuts to children and education and the poor people so it's just more of the same then i'm not interested. >> goff elect -- governor elect jerry brown met with republican lawmakers this morning vowing to work closely with republicans but asking both parties to prepare to quote get out of their comfort zones to deal with the deficit. a 26-year-old oakland man could face murder charges after the death of his 4-month-old baby boy. police say the unconscious child was taken to children's hospital in oakland from his home on the 1600 block of 6th avenue back on november 28th. the infant died early yesterday morning. the father has been arrested on suspicion of child endangerment. an autopsy is underway but investigators say they believe the child may have been suffocated. three adults who admitted to holding captive and torturing a tracy teen for more

than a year were sentenced this court today. michael schumacher, kelly liao and the 16-year-old boy's legal guardian karen ramirez each received 30 years in prison. the victim, kyle ramirez was beaten, starved and burned while in captivity. he managed to escape in 2008 and got help were at a nearby fitness center. the fourth defendant, anthony waders is scheduled to be sentenced next month. an attorney for the man accused of sexually assaulting a toddler at a union city store asked the judge for a bail reduction for his client today. 36-year-old eugene ramos was supposed to enter a plea this morning but the judge postponed that hearing until wednesday because of a bail request. ramos is a registered sex offender who is accused of assaulting a 2-year-old girl at a dollar tree store while her grandmother and were shopping -- aunt were shopping in the next aisle. a new controversy surrounding the san francisco crime lab after accusations surfaced from a whistleblower that a lab worker had botched a dna test. and now the san francisco

public defender's office wants to probe into those allegations. ktvu's david stevenson live in san francisco with more on that story. >> reporter: that's right, that city official tells us he wants a criminal investigation of the san francisco police crime lab based on these whistleblower documents. for the san francisco police department's crime lab, it was a bit more bad news capping an already tough year. this recently released anonymous letter was written in july 2009 to the group that certifies police crime labs. the writer claims that a rookie sfpd criminalist two years ago switched samples in a dna case and that her supervisor erased evidence of the switch. >> there was no misconduct in this case, sir and there was no evidence compromised in this case either. >> reporter: police say the criminalist correctly identified, documented and remedied and an accidental mixup but the former lab director initially denied knowing of the problem and investigators with the american society of crime laboratory directors said lab workers improperly disposed of their

notes. >> the original documentation was discarded, that was a concern because discarding original documentation is not acceptable. >> the policy which is supported by the fbi was that you did not have to keep your bench notes or your handwritten notes and at that time we did not. >> reporter: the city's public defender is calling for a criminal investigation into the dna incident. >> this is a situation that was brought to light by an informant who apparently worked in the lab or had access to the lab. otherwise, we would have never found out about this. >> reporter: now, the society of crime lab directors has certified san francisco's crime lab for another five years. san francisco police chief george gascon today presented those lab workers with that certification. reporting live in san francisco, david stevenson, ktvu channel 2 news. the department of corrections announced today that it has purchased a lethal injection drug from a british

company. the aclu had had demanded the state declare the source of the drug. they argue it is illegal to use a foreign produced drug to execute prisoners. the british government has since been the sale of the drug for u.s. executions. the only u.s. manufacturer of the drug has been unable to supply the state. convicted murderer and rapist albert greenwood brown is next -- is the next convict scheduled for an execution. a state lawmaker is renewing the push to outlaw cell phones for prison inmates. the move by state senator alex padilla comes following reports last week that convicted killer charles manson was caught with a cell phone last year. prison officials say manson made calls and sent text messages from a state prison. he says cell phones that are smuggled into prisons and get into the hands of inmates can lead to a variety of problems on the outside. >> we know they are being used to orchestrate hits on the outside, to deal with drug trafficking, to intimidate

witnesses. >> it's against prison rules for inmates to use cell phones but it is not illegal. this year more than 7000 cell phones have been discovered at state correctional facilities. this is usually a crucial time for mexico tourism with american visitors heading south to see family or take a vacation. but the relentless violence in parts of mexico has some rethinking their travel plans. ktvu's robert handa has more from san jose. >> reporter: this flight to mexico took off from san jose international airport this afternoon and travelers say there were plenty of seat. that's not what mexico or travel agents want to see with the traditional holiday pilgrimage about to get underway when mexico sees about 1 million immigrants and visitors during december. some people who returned from good heir mexico today -- gudalajara mexico today told us crime across border towns has spread fear among travelers. >> even myself, i was kind of, you know, concerned, but --

because of all the violence that we heard over there, all of the shootings and, you know, people dying. >> people fear going to mexico now lately because they feel a lot of like racial tension. >> reporter: mexican officials say it's too early to tell how much tourism is being affected but acknowledged people driving into mexico has dropped 20% this year. the san jose-mexican consulate says police now escort drivers especially where road bandits have been seen. >> you will have one police officer, one patrol scoring, 10 -- escorting, 10, 20, 50 cars in a row and of course you have to take your proper measures and follow common sense. >> reporter: officials echo precautions many travelers already know. >> don't take a lot of jewelries, don't go too fancy, just go -- the less things you take over there to attract, you know, the bad people, the better. >> reporter: visitor advice as well as travel information on law enforcement agencies and recommended travel routes have been put together by the

mexican government in pamphlets like these and being handed at consulates, travel agencies and can be downloaded in english from the web. in san jose, robert handa, ktvu channel 2 news. a former martinez juvenile hall counselor charged with possessing child pornography now faces 46 charges of child molestation. thomas perez jewel appeared in court this morning to hear the new charges against him. he did not enter a plea. the 53-year-old pleasant hillman was arrested on november 18th after police searched his home and found thousands of images of child pornography. investigators believe he molested at least one of boys in the pictures. bail set at $5.6 million. one month removed from winning a second term as state treasurer bill lockier is reportedly running for another state office. he opened a campaign account to run for state controller in

2014. politicians frequently open an account following election to build their reserves for another election but lockier will be 74 when the next election comes around. governor arnold schwarzenegger plans to leave office just the way he came in, a farewell party is set for december 16th in sacramento and it is being put on by lobbyists and special interests that have backed him. a spokesman says the governor plans to attend but will not be involved in the planning. the california chamber of commerce and the naacp are among the groups seeking contributions for the party. it will soon cost you more to ship packages. we will tell you who is raising their rates. also ahead, what fire investigators found in a richmond house fire that prompted them to call police. the latest medical news for a sick feline is not good. we will have an updated on her condition and tell you what it means for other sea life coming up. rain coming back and i'll show you when it will get here, which cities could see the most

rain.

the richmond police department was dispatched to a house fire in richmond this afternoon after firefighters discovered the building held an indoor marijuana growing operation. the fire broke out around 12:30 this afternoon on 39th street and mcdonald avenue. when fire crews entered the building to see if anyone was inside, they discovered a pot farm on the first floor. no one was inside the building and there were no injuries. the cause of the fire under investigation. and firefighters in walnut creek spent the day sifting through the remains of a building that was destroyed by a fire early this morning. the building on oak grove road had been abandoned for the past 25 years and was purchased by a doctor 10 years old -- 10 years

ago who planned to build a medical building. the owner says he is not so upset about the loss. no one was injured and the cause of this fire also under investigation. sad new tonight for a wayward sea lion that became a big star in contra costa county. she made her way up the delta over the weekend and wandered more than a mile on land before being discovered on a school campus. now she is at the marine mammal center in sausalito. christian kaplan has more. >> reporter: just this afternoon they e-mailed me these pictures of her undergoing her medical examinations today. sadly the news not good for the sea lion. she will have to be euthanized. veterinarians at the marine mammal center say her posture indicates she's suffering from a terrible headache, a possible symptom of her acute demoddic asset poisoning. it occurs naturally and works its way up the food chain

having devastating effects on sea lions like her. >> she has very serious permanent brain damage. her brain is not working correctly. >> reporter: the staff here say it would be inhumane to put her back in the wild so they will euthanize her but veterinarians here are hoping her death will help other sea lions. >> she will now provide tissues for us to try to understand in much better detail than we can do with any kind of a model. >> reporter: the visitors to the centers say while the death of one sea lion may be tragic, they understand it may help others. >> it must be in the best interest of the animal and the population. >> reporter: she is just one of the patients in what's been a very busy year here. in an average year the marine mammal center treats about 700 sick or injured animals. this year that number is already more than 1000. scientists here are working to find out why. >> there are definitely associations with el nino

events. >> reporter: now, education is one of the goals here at the marine mammal center. that's why they will be holding an open house here this saturday to take a look. some of the items on display. all of these are actual items they have recovered from sea wildlife and all of these very dangerous to wildlife out in the oceans. we are live in sausalito, christian kaplan, ktvu channel 2 news. it is going to cost more to ship packages and envelopes by fedex after the first of the year. the world's second largest delivery service is increasing its home delivery and ground rates by nearly 5% starting january 3rd. earlier this year it announced a similar rate increase for its express services. also starting january 3rd. consumer reports readers have given at&t a thumbs down for cell phone service. the magazine polled 58,000 readers, they rated at&t the lowest in customer satisfaction. over half the survey respondents who used at&t as a carrier owned some version of apple's iphone but they reported being much less satisfied with their service

than owners of smartphones on other carriers. verizon and sprint tied for best overall carrier. an east bay aerospace company moving to the north bay. tinay aerospace is moving to a two story building it purchased in san rafael that has been vacant since the summer of 2009. the company manufactures parts used to deploy satellites in space for nasa. lockheed martin and the los alamos national laboratory. san rafael officials say the move shows that commercial real estate market in marin county is beginning to recover. a census bureau says immigration is impacting the makeup of the u.s. population. early estimates out today indicate that the population has grown by 8.8% in the last decade. a census bureau says the youth population would have fallen if not for growth in the latino population. 17% of those under 20 were latino in the year 2000, they make up as much -- with as many

-- texas and florida are expected to gain congressional seats while new york and ohio will lose seats. air pollution in urban areas may be contributing to the rise in type ii diabetes. ohio state university researchers exposed mice to both clean and polluted air stimulating human exposure from early childhood to adulthood. the mice exposed to fine par tick late air pollution had larger -- particulate air pollution had more abdominal fat than the mice breathing clean air. scientists believe air pollution may increase inflammation were in the body raising the risk of type ii diabetes. a mild dry day around the bay area but might not last for too much longer. let's check in now with bill martin in the weather center. >> big change from yesterday when the rain was coming down in the bay area. heavy at times, up to an inch in some places, most of us 1/4 to 1/2 and that's an active pacific out there. it's not going to impact us tonight or tomorrow but as we head into wednesday, that next

system rolls in here, we will get showers wednesday, probably into thursday as well, dry pattern as we mentioned and that's good, that will get you through tomorrow, mostly sunny, partly sunny, maybe a little valley fog when you wake up and then back into the wet on wednesday and thursday. it will be interesting to see it. wednesday, it's president going to be -- not going to be long lasting but might have a push to it. right now tomorrow your dry day. clouds that are out there now and they will be out there in the morning keep us warmer so forget the freezing temperatures that we saw last week because it's unusually cold. cloud cover keeping us in the 40s. daytime highs got into the 60s today, concord 60 degrees for daytime high. lunch time in the upper 50s. maybe patchy fog out towards clayton maybe towards knapp and up towards -- napa and santa rosa. dry pattern tuesday, partly cloudy conditions, this high which actually made it small on purpose because it's going to

blow out of here quick as this one bumps into it. it's got two parts, a wednesday part and a thursday part. right now the wednesday part looks like it's going to be the wettest and then thursday morning showers just in time for the commute. so we will get to fremont, 59 degrees at lunch tomorrow, 63 for a daytime high in fremont, the computer model checks out like this then. we are going to go into your tuesday and i'll back out. there's tuesday afternoon, starting to show up, so you're dry, tomorrow. there's your morning commute pretty much so your wet and that's -- you can almost see the frontal passage here and then this is your afternoon commute on wednesday. and then friday -- or it lingers into thursday and then thursday morning i think we will see some mo sprinkles. that's how it looks. i'm not being superdefinitive because right now the system is fluid. wednesday your wettest day, that morning commute wet and afternoon commute wet. 62 tomorrow on mountain view, 63 in morgan hill. warmer than today in some places. the five-day forecast with more rain on the way, more snow on

the way, just really quite a winter already. i mean, we are not even to christmas yet and we have seen a number of storms that have been full on winter storms. this one won't be be a full on winter storm but it's going to be wet enough that it will slow your commutes. >> what's coming wednesday is going to dump up there in the sierra? >> they will get a foot of snow. >> about 7000 or even lower? >> 65. about 5800 feet. >> they've had more snow this year earlier than a long time. >> i'm going back 30 years. i can't remember a time when there was this much snow in the mountains this early so people -- >> resorts are happy. >> people are happy about it, yeah. >> thank you. you may have noticed a change on your facebook page today. still ahead, hear what facebook is modifying and what users have to think about it. here's a look at the closing numbers on wall street. it was a mixed day. comments by the federal reserve chief indicating the economic recovery is still struggling didn't help investor confidence. the dow lost almost 20 points,

the nasdaq inched up about 3 1/2. we will be right back. closed captioning for this program brought to you by:

facebook is changing things up on user profile pages.

the new look aims to organize a jumbled collection of elements into one streamlined window. among the changes a new biospace at the top and a more prominent photo section. members began seeing changes yesterday and a poll shows 29% said they loved it. the new design will be available for everyone by early next year. we know stanford football is headed to miami for the orange bowl but before they play the game, heisman trophy. >> second year in a row sanford will have a player in the final four. andrew luck is among this year's college football elite, invited to new york this weekend for the heisman trophy ceremony. luck completed 70% of his passes and a record setting year for orange bowl bound stanford. the cardinal had never won 11 games in regular season and luck threw for over 3000 yards and 28 touchdowns during the journey. they will lead against virginia tech. cam newton of auburn and kellen moore of boise state along with

michael james. the subject of job security is one that was brought up in michael singeltary's press conference today after the 49ers 34-16 loss yesterday in green bay. 49ers could be eliminated from the playoffs if they lose to the seahawks on sunday. singeltary philosophical about his job status. >> i think one of the saddest things about our society today is anybody can say anything and write anything and then have no responsibility. for me, everything i say i'm responsible for. but if it's true, it's true, but until i know it's true, my eyes -- and a television and football icon of his era is dead, don meredith first came into the sports scene as the quarterback of the dallas cowboys for nine seasons in the 60s. but it was as a broadcaster on monday night football along with howard cosell and frank gifford that dandy don made his

name. he died last night after suffering a brain hemorrhage and lapsing into a coma. he was 72. sharks leading detroit 4-2 in the third period. have it for you tonight at 10:00. >> we will see you then. >> you bet. coming up on bay area news at 7:00 on tv 36. >> it's called smishing and it can turn any mobile device into a tee for your personal information. we will have the fbi's latest warning. >> good night. >> good night.

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