we are live in vallejo. there was a very serious accident involving five college students. find out why the chp says alcohol and weather does not play a role. the weather may play a role in your morning commute. how will that play to the weekend forecast? a missing elderly man. what was with him when he disappeared that has his family wondering why no one has seen him yet. the morning news continues next. good morning it's friday december 10th thank you for joining us i'm pam cook. >> and i'm dave clark. let's check your weather and traffic here is steve. pam and dave, thank you. we do have this morning cloudy skies, low clouds and fog and drizzle. once that lifts we'll have partly sunny skies.

mild temperatures. mid 60s and dare i say warm toward the santa clara valley. here is sal. westbound bay bridge traffic is moving a long pretty well if you are driving on the commute into san francisco you will be waiting for a little bit and that is just about all once you get on to the bridge it looks okay. still police activity on a frontage road on 80 near university. they do have activity on the shoulder of the freeway as well. it's not effecting the freeway. you can certainly see all the lights. this was an oakland police chase that ended there on virginia street just past university on the berkeley frontage road there near the freeway. we've also had a very serious accident overnight. this accident happened early this morning on highway 37 near the wilson avenue onramp. jade hernandez is live. >> reporter: this accident has been cleared at this hour. it was cleared 20 minutes ago.

the wilson avenue onramp is open. the california highway patrol tells us this one-car accident involved a toyota corolla with five people inside. the driver a young man may have fallen asleep at the wheel. two people were not wearing their seat belt and were ejected. they were take ton the hospital -- they were taken to the hospital with major injuries. we are live in vallejo. again this was a very serious accident that happened just after 4:00. reporting live jade hernandez county have channel 2 -- avenue -- ktvu news channel 2. officers say a nine-year- old girl and brother were walking home on mcnear avenue when they noticed a suspicious man sitting in a van. when they got home and went

inside their house a man pulled into their driveway got out of their car and rang the doorbell. the children say they did not answer the door. they described the man as short with gray hair wearing a blue jacket and blue jeans. the van is described as a gray older box style van. 6:02. more police officers will be on the streets in north berkeley. this is in response to recent armed robberies. more than 100 community members were given an update. an armed robber is targeting an area near california and lincoln streets. as many as five cases may be connected. a particular concern it's not happening late at night but during the dinner time hours. >> i'm scared to go out right now especially with my daughter. i want to know what is being done with it. i haven't seen any increased police patrols. >> there are a lot of things we do that are not visible.

stuff is not always visible. >> some residents have asked for more lighting installed in that dark neighborhood. berkeley vice mayor says a lighting assessment fee has already failed twice. this morning homicide detectives are looking for leads in a fatal shooting. officers were called to lockwood street shortly after 9:00 last night. they found a man that had been shot several times in the chest. it's still not clear what lead up to that deadly gunfire. in san francisco this morning police are looking for suspects in a deadly shooting in the city's vernl heights neighborhood. police found the 18-year-old victim outside of a home. he was pronounced dead at the scene. a 90-year-old oakland man has been missing for several days now. this morning in a few hours family members plan to resume

the search. robert liechtenstein left his home at 1:30 on tuesday afternoon for his daily walk but he never returned. police canvassed trails in the neighborhood but have found no sign of him. he was wearing a green baseball cap, brown jacket and blue jeans and he was using a walker. >> we're worried that he's fallen somewhere. maybe he's hurt. we checked all the ers. >> it's strange nothing has been reported. het has a walker that is labeled -- he has a walker that is labeled with his name and phone number. >> police say there is added concern because he suffered from bouts of dementia. if you have any information please call oakland police. many san francisco bus riders will certainly not like a new report about muni. the report claims muni drivers more and more are dumping off riders before their stops. ktvu kraig debro just talked with a muni operator to find out what is going on. good morning. >> reporter: good morning, dave. i just talked to somebody at

the end juda she was not happy about the stan. we are at 46th and juda. this is a stop behind me maine right there. i texted a muni spokesperson for a response but in the meantime we did speak with a train operator, dave, who wanted to make something very clear. >> operators don't turn around. supervisors turn around. >> reporter: in case you couldn't hear that he said it's not the operators making the decision but the ss are telling -- but the supervisors are telling the operators. what they call it is a switch back or short turn around. we were at sunset and juda this morning. it's one of three rail lines that says the practice is more common. and most of the switch backs

are taking place in the outer sunset as opposed to downtown and most are happening during commute hours because of traffic delays. >> if you are late, we have one here. >> reporter: there could be more than one stop. >> yeah. >> reporter: what do people say when hey you've got to go? like i was telling you earlier i just spoked to a rider that switchbacks aren't just happening here but a couple blocks on the end of the line. we are at 46 and juda now. if you depart the plain here at 46th and jud and letting you out there is ten blocks you have to walk. you pay for your ride you want to ride it all the way to where your stop is. we will continue to try to get ahold of a muni spokesperson so we can get their response. a lot of numbers we are getting

are the fact that the end juda line had 236 turn arounds last year. a lot of the numbers are coming from muni and we want to get more clarification and details. reporting live in san francisco kraig debro. >> thank you. 6:07 is the time right now. let's go back over to sal. the commute has not been smooth in a couple of areas. >> yeah this whole week the wet weather has been a factor in all of the commutes. the traffic will be busy on 80 westbound. you wonder what those blue and white lights are those are the end of a police chase that happened in berkeley. that vehicle crashed just off the freeway on virginia street on the frontage road there. the fire department was there for awhile. they are still doing an investigation. fortunately this has not effected the traffic very much. if you look to the left you can see that people are kind of slowing down.

thank you very much. the crew got rid of that for me. people are slowing down and looking over there and say what is that? and after that it's moving well. there is even more emergency vehicles arriving at the scene. let's move a long and take a look at westbound bay bridge. that traffic is backed up. they are just about to switch on the metering lights. this mornings commute on the peninsula looks pretty good. southbound 101 let's say if you are trying to get downtown that looks pretty good. no problems on the south bay. let's go to steve. thank you, sir. a very happy friday some light clouds, fog, drizzle and light rain. blue canyon all say light rain. there is light rain still up in the northern part of the state and some down to mendocino county. as the storm track lifts north there is a lot of fog over us. it will be very stubborn top burn off. once it does there are some locations that are 60 degrees.

low clouds. foggy. 60s low to mid. temperatures yesterday even with the cloud cover they did warm up. temperatures will start to get in the 60s for many today. we are at 58 degrees in palo alto. 59 livermore and concord. napa and santa rosa at 59. everyone says cloudy expect san hoe say which says mostly cloudy. reno a balmy 51. and 57 redding. a lot of moisture streaming north of us heading up to the pacific northwest. you can see the ridge building over us. if you head to portland they are looking at a lot of rain. fog and drizzle sun and clouds. kind of mild. the local drizzle will stop and will have low clouds. if you are lucky mid 60s.

san hoe say 66 degrees today. the warmest location mild. sunday looks sunny and warm for some. if you can get the fog to burn off partly cloudy on monday. and clouding up on tuesday. 6:10. a san francisco dmv worker accused of harassing a customer by mail. the reason officials say this very personal message may be considered a hate crime. and house democrats are revolting against president obama's tax cut deal with republicans. i will show you what the president has to say about it coming up as the morning news continues.

>> good morning to you. welcome back. time now 6:13. today at the white house president obama meets with former president bill clinton. mr. obama wants to hear how the former president gained control of the senate. president obama will be facing when the new congress convenes in january and the republicans take control of the house. in the meantime new details are coming out on president obama's tax deal with the republicans the first vote could come on monday. ktvu alison burns is live in our washington, d.c. newsroom with a look at what has been agreed upon so far. good morning alison. >> reporter: good morning to

you, dave. you know, president obama did an interview with npr after house democrats voted yesterday to reject his tax deal with republicans. that interview is airing this morning. president obama says that unhappy democrats might make changes to the deal but he believes it will pass because no one wants to see taxes go up on the first of the year. senate democrats are more inclined to support it. they released a text of the bill that added new extras like tax breaks for energy efficient cars and homes. but house democrats like oakland congresswoman barbara lee says it's no deal until tax breaks for the wealthy are scaled back. >> of course we want to extend unemployment compensation. we said that early. we voted for that. of course we want middle income tax cuts. no way do we intend to support any estate tax reduction nor a give away to the wealthiest individuals in the country. >> reporter: now for the bottom line here is that the senate is

moving ahead with this obama got tax deal. the house is still a wild card. congresswoman lee is holding a news conference about it this morning. we'll have it for you on the morning news. reporting life from washington d.c. alison burns. the lack of progress on the tax cut legislation is now being blamed for defeat of the don't ask don't tell repeal in the senate. a procedural vote in the senate failed to pass yesterday. supporters say they have enough votes but senate republicans say they won't consider any other legislation until the tax cut deal is done. now it's not clear if there will be enough time before congress adjourn for the holidays to put it up for another vote. a transgender woman says she received a harassing letter from the clerk at the san francisco dmv who processed her application for a new driver's license. in october 23-year-old amber yust went to the dmv office to

get a new license to reflect her gender and name changed. he received a letter from a person who identified himself as the dmv clerk who handled her application. the homosexout act is an abomination that leads to hell. yusts complaint is the first step to filing a lawsuit. >> someone who is willing to do that with information they have available to them be holding a government position? it's a violence of the trust they have been entrusted with. >> the dmv has declined to say what the employment status is. but they do not comment on pending litigation but says employees are prohibited for contacting customers about nonbusiness matters. more people seem to be riding their bikes around san francisco. the chronicle obtained a bicycle count report saying there were 8700 bike trips in

the city this year. according to the report that increase shows there is a need for a safe bicycle programs in the city. let's go back over to sal to check on the morning commute. >> pam and dave good morning. traffic is doing pretty well on this friday despite the wet weather. we still have a lot of police activity on the frontage road next to 80 near university. this was a police chase that ended up on the frontage road. in fact, it looks like the car went off the freeway here and went through a fence and ended up on the frontage road and someone was tracked inside that car so there were injuries there. the police just all the red and blue lights are making far slow drive on westbound 80 people are looking over there to see and trying to crane their neck to see what is going on. let's go to the toll plaza. that traffic is okay. there is a little bit of backup as they switched on the

metering lights. this mornings commute will be okay. northbound 101 slow here near the airport. northbound 280 is getting busy. let's go to steve. thank you. happy friday. i'm right there. we do have low clouds, fog, and drizzle. in fact some of that drizzle is heavy over oakland. also rain up toward blue canyon and tahoe and truckie say rain. there could be light rain showers toward the north. up toward the northwest part of the state. the rain line is lifting north but there is plenty of drizzle out there and a lot of clouds. fog drizzle that is drizzle and sun and clouds and the cloud cover is very mild. in fact temperatures yesterday in the 60s we will bump them up higher today. san hoe say 64 yesterday. 66 today. walnut creek 65. san rosa 63. it wouldn't take much to get in the upper 60s by tomorrow.

a lot of moisture out there. all coming up from the hawaiian islands that is taking aim at the pacific northwest. fog and drizzle for us. sun and clouds. a muggy pattern because the clouds came up from the hawaiian islands. we have a lot of 50s giving away to 60s. a lot of fogs nights and mornings. 70 for some of the highs. monday partly cloudy. we clouded up tuesday. looks like rain tuesday night. it looks like a judge is trying to get them to throw out a part of a class action lawsuit. toyota was negligent and the vehicles had design defects that lead to deadly accidents. the judge has indicated he is leaning toward letting the cases go forward. virginia america executives expect to turn a profit next

year. until late last year they continued to watch its losses climb but this year they posted its first quarterly net profit of $7.5 million. the increase in passengers will see a posting of profit by this time next year. hundreds of airline passengers spent hours stuck on a plane at sfo. >> it was uncomfortable it got hot. >> why the laws to protect passengers being stranded will not apply in this situation. it sounds like a christmas tale. a california cowboy ends the fun for a run away reindeer.

the moment you feel run down or achy nip flu-like symptoms

in the bud, with oscillococcinum. get oscillo and feel like yourself again. oscillococcinum, nip it in the bud.

good morning traffic is going to be fine on eastbound 80 but westbound may be effected by some police activity on a frontage road near university avenue. this scene has not been cleared up and traffic is including. there was an end of a police chase there and you can still see officers in the area. let's go back to the desk. all right. qantas airlines apologizing this morning after technical failure left hundreds of passengers stranded. it was due to leave at 11:00

last night but a technical problem delayed it. passengers had to wait four hours before they fixed it. they had to cancel the flight. >> it was really difficult for me being pregnant and i didn't get to my hotel room until 6:30:00 a.m. after getting on the plane at 10:30:00 p.m. the previous night. that was really, really tough. >> earlier this year the federal transportation department started enforcing a passengers bill of rights to fine airlines if a plane sits on a tarmac more than three hours. however the rules don't apply to international carriers like qantas. today hazardous material crews in san diego county will be searching through what is left as a house has been described as a bomb factory. a control burn to destroy the house went off without a hitch yesterday but crews will be

checking to make sure everything inside was destroyed. investigators say the house contained the largest amount of home-made explosives ever found in one place in the united states and the only safe way to get rid of it was to burn it. >> all the planning went into play. everything went as planned. we had contingencies on top of contingencies. but this was picture perfect. >> air quality services say the spike in the levels when they first started air quality was not effected. a former san francisco city employee who hijacked and took control of the city's computer system could be ordered to pay more than a million dollars for that crime. terry child will be released from prison by the end of january. he has been in prison since 2008. prosecutors wants childs to pay

close to $1.5 million for consultants hired to fix the computer system. he says he should only have to cover the cost of returning the stolen pass words. a cowboy with a lass sew ended -- lasso ended one reindeers game. he scampered through nakeds. police immediately called in a local cowboy he rushed into town wearing his hat his boots, and spurs. you can see he ended up roping the reindeer on his first try. the reindeer named prancer by the way was not hurt. a dead deer that was found in bay area middle school was probably the victim of a mountain lion. what police are warning people against after a spike in mountain lion sightings. in san francisco why muni operators and riders of muni trains are upset about something called a switchback.

so in new york the opening bell is about to ring on wall street. pam will tell you all about it.

welcome back to the morning news. there they are the opening bell in new york. it looks like a pretty quiet day. now investigators and traders are waiting to see if we can get the tax cut extension. you like them? you know them. that is operation hope. >> it teaches financial literacy particularly to children but they are based here. they have one office here in oakland among other places. >> there they are ringing the bell in new york this morning and spreading a little bit of cheer there as well hopefully

and we'll get the numbers. you can see on the bottom part of your screen open up a bit. we'll check back in on wall street. we'll smile and say good morning to you. it's friday december south i'm -- december 10th i'm dave clark. >> i'm pam cook. richmond police are looking for a teenage boy responsible for a violent street attack. it happened yesterday afternoon on humpfree avenue. police say a teenager hit a man with handle of his gun after he refused to hand over his wallet. the victim was not seriously hurt but he describes the attacker as a latino man 6'1" police believe the same teenager may be responsible for another robbery on the same street. two big raids are starting to feel the growing debate over medical marijuana in the city.

yesterday drug agents and police shut down two pot clubs and hauled away computers and other evidence. officers say the raids are a part of the crackdown on what they call for period of time businesses posing as nonprofit pot clubs. some city leaders strongly support the raids. >> because we failed to act, we then had proliferation of these facilities in san san jose. >> this is so sad. there is no reason for this. people need the medicine. >> several other south bay pot clubs closed down last night. it's not clear if they will be back open this morning. california fishing game officials think a dead deer that was found on a belmont school campus was killed by a mountain lion. the deer was found on the athletic field yesterday morning. this comes amidst a spike of mountain lion sightings.

there were three last month. police in belmont are reminding everyone don't feed deer because their presence increases the likelihood of mountain lions. an 18-month-old boy remains in the hospital with life- threatening injuries after being pulled from the fountain at the hotel in frank. the hotel fountain was drained. he was in the hotel with his mother, twin sister, and nanny when he wondered away wednesday afternoon. ten minutes later an employee spotted the boy in the fountain. near the christmas tree. a judge has dismissed kidnapping against the antioch man from the bay bridge standoff. craig carlos valentino still faces charges of child

endangerment. he was reportedly upset over marital problems. time now 6:33. there is a new report that says muni is cutting costs by dumping off riders before their stops. ktvu kraig debro talked to a muni operator this morning. he is back here live. good morning. >> reporter: good morning. i'm at 46th and juda. it's one of the lines this is effecting. behind me is the intersection here and the train stop is down there. i've been talking to riders and operators. i also got off the phone with paul he says this effects less than one-half of one percent of riders in this area. now defending the practice he is saying it's a small percentage. the practice of turning around the train before it reaches the end of the line is called a switch back. whatever it is called they don't like it. >> operators don't turn around.

supervisors order them to turn around. >> reporter: that is an operator we talked to. it's not their fault supervisors tell them what to do. we were out of sunset this morning. this is the place where the practice is more common. most of the switchbacks are taking place in the outer sunset opposed to downtown and most are happening during commute hours or because of traffic delays. according to a rider that has been switched back it can happen to anyone. >> when we pick our kids up from day care i have to use the train. there is a lot of children to be standing in the streets. especially late at night. >> reporter: when i talked to other riders they said you will see the train will let people off at sunset and juda and you will see a stream of 20-30 people walking west toward their homes. people like it not only because

they pay for a ride and expect to go where they want to go but the elements might be raining outside, might be tired at the end of the workday. but so far people we have talked to seem resigned this will be a practice. again muni says it is doing it in order to keep time schedule. i should have more from a muni spokesperson later this morning. reporting live in san francisco kraig debro ktvu channel 2 news. when swans return to san francisco's palace of fine arts next month one city supervisor wants to make sure they are safe. ma cay la has introduced a resolution that endorses the presence of the swans and calls on other city departments to insure their safety. earlier this year a swan was stolen from the lagoon and last month someone broke the neck of another bird. the plan is for blanch to return to the lagoon next month with a new companion.

6:36 let's get you to where you need to go. sal, how is the commute? >> dave, it's doing well and pam, it has been pretty good little half hour here. we haven't had a lot going on which is nice. i will show you the toll plaza which everyone wants to see. it's a little lighter than usual. there is a backup for sure. you see the metering lights on. that is kind of cool. northbound 880 and southbound that traffic is moving a long very nicely and if you are driving to downtown oakland it shouldn't be that bad. we watch the southbound. you see the road sensors are turning red. a little bit of slowing on 280 northbound but that is not too bad. for the most part we are doing well there. 6:37 let's go to steve. >> thank you. happy friday. low clouds fog i just poked my head out and there is still drizzle here. it looks like that will be the

case. nights and mornings we'll have to deal with the low clouds and fog. storm track is lifting north. there is areas of rain up toward tahoe and truckie reporting light rain. foggy warm weekend near 70. a couple of comments saying what about the 49 game on sunday? it could be near 70 degrees. if you get any sun it will be close to 70. partly sunny and mild. there are breaks in the clouds around san jose. next rain will be here tuesday and wednesday but expect for fog this week is looking pretty good. everything is starting to drive northward but there is still a few pockets of light rain especially as you head up toward mendocino county. fog, sun, clouds, muggy and a humid condition. 60s coast bay and inland. mid 60s half-moon bay starting off. 56. our high will be 59 degrees. san francisco we'll go 64. starting off 57.

they were 63 yesterday. so i will bump you up one. 55 in san rafael and napa. 59 livermore and concord. there are areas with very thick fog and low clouds. 45 tahoe. 51 reno. 53 eureka. look at where the source of the clouds are coming from right up from the hawaiian islands and they are taking aim to the north of us. i've seen projection of seven inches of rain. fog and drizzle sun and clouds for us. very mild kind of muggy. almost warm if you can get that sun it will be mid 60s for a my. a lot of low and mid 60s. the fog sometimes can be very slow to burn off. we will carry that into sunday. there will be a few areas and low 70s. partly cloudy monday. it looks like rain tuesday night and wednesday. a hidden camera strength is shaking up a college town.

police say a customer called them when he saw an employee looking at a video mounter. it appeared to show a live feed of a bathroom. officers say they found two hidden cameras. the bar owner says he installed the owners to catch bathroom vandals but now is apologizing to his customers. dianne feinstein is not winning any friends with her latest stand on casinos. and a -- >> $27 million in the making. this tunnel in san rafael just about to open. we'll tell you why advocates this morning says this tunnel will save time and lives.

♪ one taste, and you'll understand. delicious dunkin' donuts coffee. pick some up where you buy groceries. mm! america runs on dunkin'.

well good morning to you. welcome back. here's a quick look at some of the top stories we are following for you right now. the chp says a sleepy driver may have caused this very serious rollover crash. it happened in vallejo just hours ago. it happened shortly after 4:00 a.m. on the wilson onramp to westbound 37. five college students were in the toyota cover roll cover roll la when it flipped over.

president obama says the deal will pass because no one wants to see people's paychecks smaller on january 1st because congress did not act. in an hour and a half police and volunteers will begin their search again for a 90-year-old missing oakland man. robert liechtenstein left his home for his daily walk and has not been seen since. he suffers from bouts of dementia. drivers have a new reason to get out of their cars on to their bikes. a converted tunnel officially opens this afternoon. claudine wong is there live. >> reporter: good morning, pam. we are on the san rafael side of this tunnel that connects san rafael and locksburg but it will open later this afternoon. the tunnel is 12 years in the making. it comes with a price tag of

$27 million. we tuck to advocates this morning when you think of the alternate route this tunnel is about saving time and possiblely about saving lives. >> the ride from reductionburg to -- ruxburg to san rafael is dangerous. if anybody is familiar with it know that if you are trying to make a left hand turn you are risking your life. in addition to the hills and the dangers of being hit by a car this tunnel is worth it because it will save lives. >> reporter: let's give you stats on this tunnel. deb has been working on this project since 1998. it's an old railroad tunnel. it's not just cyclists. it is estimated there be about

800,000 trips through her every year. >> the best thing we could imagine is people are complaining it's too crowded. that will show it's incredibly successful. >> reporter: so back out here live at the tunnel you're looking a the this morning. what is next? in terms of project we are hoping to have a passenger train run parallel to this in the future and the marin bicycle coalition say they want to extend to create a 90-mile bicycle route. there will be grand hoping on the luxburg side. starting tomorrow morning this will open up at 5:00 a.m. and will be open for business. again we will head over now to the luxburg side of this tunnel. that's where marin public works will be meeting us. we will take you live through this tunnel coming up on mornings on 2. live in san rafael claudine wong. the white house says president obama is making progress on his goal to stop smoking. press secretary robert gibbs

says he hasn't seen any sign of the president smoking for nine months now. president obama has said he wants to quit smoking but struggles with the habit that goes back 30 years. native american tribes are angry over senator dianne feinstein over where they can be located. she wants to clarify exactly where tribes can build casinos. right now they have to have historical or current ties to any areas including cities. senator feinstein opposes indian casinos in certain areas. a boy was arrested after taking part in cyber attacks. the boy has reportedly confessed to taking part in the attacks that targeted companies such as visa, mastercard, and papal. dutch authorities say they

believe thousands of dutch computers were involved and expect to make more arrest. we've had problems on the roads this morning. sal, how are we looking now? >> it has debted -- it has settled down a little bit now. at first we had a rough start and now it's evening out. let me show you the east shore freeway we've had police activity for awhile but now it's slowing down. this was a police chase from oakland that ended up kind of spectacular really the car was driving on the freeway. plowed through a fence and ended up on the frontage road. for awhile someone was trapped inside that car. the traffic in 80 is not effected anymore. but for awhile it was. this is a look at westbound bay bridge. the photographic is backed up for a -- the traffic is backed up for a short delay. and livermore driving through

plaster valley not bad. we are hoping this friday indeed be a friday light. let's go to steve. all right, sal and happy friday. low clouds and fog but san jose and mountain view mostly cloudy. there is a few breaks in the clouds. the rain line is moving north it's also very mild and the rain reported at blue canyon, tahoe, and truckie with temperatures near 50 degrees. some of that county will skirt through mendocino county. as far as heavy rain goes that is heading up toward the pacific northwest. high pressure is building in. we see it right there. this is a good thing the moisture source is not over us now. we're just on the southern edge of it. they are looking for a lot of rain in the southern edge. once that burns off mid 60s. we will go 66 in san jose. walnut creek 64.

santa rosa from 62 to 63. 59 livermore and concord right now. palo alto at 58. santa rosa around 55. it will be that way. a lot of moisture in the air. 45 tahoe. 53 eureka with rain and clouds there. 53 and 52 l.a. and san diego. right up from the hawaiian islands and making a beeline toward seattle and portland. low fogs, drizzle mostly sunny and partly sunny. mid 60s will continue to warm it up into saturday. sunday looks like the warmest day. 70 is possible for not only inland areas but also along the coast. >> thank you, steve. there is good news from the commerce department this morning. the u.s. trade deficit sinked to its lowest level in nine months. the growing demand for american

products especially cars, machinery and farm products helped narrow the deficit to $38.7 million and that is 13% below the month before. checking in on wall street. here's a live look at the big board on the new york stock exchange. another pretty quiet day as it has been all week. european markets still open they are quiet as well. it looks like investigators might want to wait and see what happens to the tax cut package. johnson and johnson has a new recall this time for rolle aids. >> there is unlawful school fees. they are expected to level the playing field for students.

plus a security preach that left singer christina aguilera exposed. westbound traffic looking pretty good. the commute is slower in some areas because of that.

all right our time now 6:54 let's go to tori to see what

coming up. . >> coming up in minutes we'll be live in petaluma to see how schools and parents are reacting after a possible adduction attempt near an elementary school. a former 49er star is facing serious charges it involves stealing something from his former girlfriend. negotiations are under way right now to try to change the san francisco giants season opener next spring. we'll explain what is being discussed and how it will benefit fans of the world series champs. and we just learned the secret item on board the space excapsule and it was connected to a popular skit by monte python. the state of california agreed to enforce a state law that bans schools from charging students certain fees. it's part of a lawsuit settlement that was announced yesterday. the aclu says 40 schools have been charging students for

textbooks for cheerleader outfits and other items. the aclu sued the state saying those fees violated the constitutional guarantee of free and equal public education. this morning a former member of your black muslim bakery is expected to find out his sentence for kidnapping and torturing an oakland woman and her daughter three years ago. 26-year-old richard lewis could be sentenced to life in prison without the possibility of patrol. at his trial lewis' attorney says his client was framed by two other defendants. an alameda county judge has issued a ruling allowing prosecutors to see evidence of an alleged plot to witnesses in a bailey murder trial. the former leader of black muslim bakery plotted to have witnesses in the case killed. bay is charged to be tried for the killing of chancy bailey. biologist say it's the

spawning cohost salmon. they also found almost as many salmon nests in one week as they did all of last year. biologists say that is encouraging sign but it's still below the average numbers for the past 15 years. singer christina aguilera is the latest celebrity victim of hacking. seminude photos of the singer have surfaced online. someone illegal obtained the pictures by tapping into her stylist personal computer. . >> there is now a special california license plate honoring those that have been killed while on active duty in a war. the first gold star license plate you see here was presented to three families. governor schwarzenegger was at the memorial to unvail the license plates. he signed the cold star license plate bill in 2008 honoring the families that lost someone serving in the military.

it look two years to raise the money needed to create the program. all right coming up next here on mornings on 2 a suspicious man has prompted a very scary warning near a school in a bay area city. homicide detectives are investigating two deadly shootings on both sides of the bay. we'll tell you about it.