is on alert, even though police say intelligence points to a quiet night. >> none of that leading us to believe there will be protests tonight. >> oscar grant's family wanted to look johannes mehserle in the eye when he walked out. >> letting him know, this isn't over. >> and that it won't be over till justice is served. >> justice is to have someone in the state department step in. >> reporter: it is unlikely the state department will step in because this case is over and the focus is on this kind of damage control and keeping these streets trouble free. reporting live, patty lee, ktvu channel 2 news. >> johannes mehserle was released from the los angeles jail this morning after serving 11 months for involuntary manslaughter. we were in los angeles when he was released and why no one other than the jailers saw him

leave. >> reporter: oscar grant's yungal came to jail before midnight to see johannes mehserle walk out. >> anxiety, of course. the work that has to be done, much thought about that and how to get it done. >> reporter: johannes mehserle never emerged. instead he got this phone call. >> this offender is no longer in custody. >> and they just now notify me of his release. >> reporter: 12:25? >> it is 12 5:00, yes. -- 12:25, yes. >> reporter: normally when an inmate is released he comes down these doors. but johannes mehserle's release was anything but typical. >> reporter: they were concerned about safety. >> concerned enough that we feel and the sheriff's department in los angeles felt that this is not the situation,

typical situation, where they walk out the front door. >> so he was released quietly. now the focus turns to what is next. >> he got a couple of offers. whether he stays in northern california and is employed here or goes somewhere else will be something we will be looking at over the next few weeks. >> his lawyers says he wants to reach out to the family of oscar grant but they aren't interested. >> no discussion at all but i want him to know i will be a part of his life for the rest his life. >> reporter: ktvu channel 2 news. >> johannes mehserle's release brought about 2 dozen protesters to the courthouses

in downtown los angeles. grant family members were there. the demonstrators say the killing of grant is part of an issue of white police officers killing black men. >> these issues and everything right here have been dying dormant for some. >> protesters rallied that los angeles county courthouse and then marched to the federal courthouse. the oakland police department is facing a lawsuit for the rest of 150 demonstrators last year. we have video. the group stopped by police and told to disperse, when they didn't leave, they were brought into custody. the lawsuit claims that was unlawful. h they have been trained in this policy, they know they can

only arrest people if they have probable cause. but instead they continue to corral people with no means of exit and they do the same thing over and over again. >> the lawsuit names the city of oakland. the police chief and 9 other super visors. the attorney's office will not comment till it sees the lawsuit. we continue our coverage on our website. we will follow all the developments in the case plus you can watch the jailhouse interview from last year. click on the johannes mehserle tab. >> a new effort to get the ban on same-sex marriage reinstated. paul tells us why supporters say the original judge was bias. >> reporter: the federal judge has to decide if he wants to throw out the original decision.

the reason, the original judge is gay. >> reporter: today the judge sat through two hours of arguments. one side, the sponsors of proposition 8 are asking him to overturn u.s. district judge vaughn walker decision. >> no man is permitted to try cases where they have an interest in the outcome. >> i believe it's discrimmatory. it's about the judge's status. >> a few months after vaughn walker ruled it is unconstitutional he admitted he was in a relationship with the man. because of nat he might wanted to get married which means his ruling might be bissed. >> the decision must be reconsidered by a neutral judge who has no direct and substantial personal interest in the outcome. >> this has been used

throughout history when litigants try to disidentify black judges from sitting on cases involving desegregation. >> reporter: the ruling is being appealed. things can't move forward till there is a decision on this motion to recuse. >> the further they can keep us away, the longer we can't get married. the judge hopes to have a written decision by noon tomorrow. ktvu channel 2 news. grass congress gets back to work today without anthony wiener, he is in rehab. he is in treatment at a undisclosed location. last week he acknowledged he sent photos to several women online. a rally yesterday, opinions were mix ed. what he did was disgusting but

he has done an excellent job. i would vote for him again. >> he needs extreme medical care. most of the studies shown sexual addictions can't be cured and i feel this skies all his relationships, his family, wife and how he votes. >> today president obama said if he were in his position he would resign. the president said what happened was highly inappropriate but stopped short of calling for his resignation. some leaders called for him to step down but he is resisting. today president obama created a board to cut down on government waste. this is on top of the law the president signed to crack down on west and fraud by federal agencies and the performance zar. critics say lof that makes his task force a wasteful move.

this is another example of redundancy and waste because it duplicates what he says he was going to do. >> the president said so far the administration cut $33 billion in wasteful spending. legislators have two days to pass a budget or forfit they will pay till they do. the capital was a busy place today as they looked for ways to close a budget gap. the governor wants to let voters decide. >> what is going to happen? no one knows. but the legislators has to do right by california. we can't do it with just the majority party. we need 4 republican votes. >> both the state assembly and senate met today but adjourned before making progress on the budget. survey of 38 which says

show low expectation of a quick turn around. the prediction for jock growth was 1.9 million new jobs created this year. that is 200,000 fewer than they predicted. 36 of the 38 said the federal reserve should not do anything further to stimulate the economy because they say that could do more harm than good because it could increase the federal deficit. google adding another piece to its empire. they will buy add melt. they specialize in technology that select the adds that make the most revenue. details of the purchase were not announced but observers believe the price is $400 million. around of deals today helped wall street eke out the

second day of gains this month. some investors got excited about a deal involving arby's. a couple other companies made acquisitions. the dow jones industrial average gained 1.06 points to close at 11,952.97. the nasdaq composite lost 4.04 to 2,639.69. the s&p was also down for the day. the carl vinson is set to return home to san diego wednesday. the commander isn't saying anything about osama bin laden's burial. the navy is also working with family readiness groups. a southern california man is planning a deep sea expedition to find osama bin laden's body. he was lowered into the see

after he was killed by navy seals. he has a good idea of where the body is located and says his underwater equipment should be able to find it. he wants to take pictures and do a dna test to prove to the world osama bin laden is dead. this park was the scene of what may have looked like a gun battle. the reason a middle school project. and a nice warm day today but temperatures on the increase. the warmest temperatures we have seen in some time. i will have the forecast for your city.

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the east bay man who made headlines predicting the end of the world had a stroke. harold camping suffered the stoke at his home. his daughter says it was a minor stroke and doctors are

pleased with his progress. they spent $100 million publicizes the rapture. he said the adjustment day began on the 21 and the end of the world is october 21. tonight a story on 2. students working on a class project captured the attention of oakland police officers. ktvu's john sasaki is in oakland and tells us it's because of a prop the student used. >> reporter: this is union point park where a school project left some residents fearful for their safeties after a serious lapse in judgment. >> park was filled with residents enjoying the weekend when they saw young people with guns. >> there were other children and families enjoying the park. it waw alarming. >> reporter: with their guns drawn, officers took control of the situation. >> they were making a movie.

there was a cap ruand two of the guns that we found were replica but they looked very real and one was a real rifle. the reason the students had even replica guns in the park, the adults told them to bring the props for a project on school violence. >> they were trying to create the play to illustrate the harms of violence. >> reporter: the adults were arrested, sited and released on charges of contributing to the delinquency of a minor. one parent was upset. >> i don't think that the teachers would tell the students to bring real guns. maybe the students did it on their own but, me, i don't

think. it's a good school. >> reporter: police say the student is in juvenal hall on gun charges. john sasaki, ktvu channel 2 news. fife safety organization says the number of firefighters killed last year was the lowest in three decades. the association says 72 firefighters died on duty in the united states last year. that compared with 105 in 2008 and 82 in 2009. the 2010 number is the lowest. the president says advances in trailing, equipment and fire codes are major factors. more slow progress for firefighters in arizona. the wallow fire has grown to 700 quer miles and still just 10% contained. but they are finally gaining grown. residents of two towns on the

northern edge of the fire were allowed to go back home. it destroyed 36 buildings. 1200 other structures are still in danger. >> we are expecting some of the warmest weather we have seen all year. >> i think so. numbers into the 90s. low 90s in the bay area forecast. fog that coast right now and you know what? looks like a june pattern. fog in the nights and mornings. day time highs into the 80s. fog long the coast right now. you can see it towards san francisco's ocean beach. let's go in real close. right there. fog tomorrow morning. back where it was. across san francisco. if you look right here you can see the panhandle, there is the park. you see cliff houses. fog and low clouds back in the forecast tonight. we will have a clearing

tomorrow. that allows temperature come up. tomorrow is warm. extended forecast, nice weather. temperatures trend down a little bit. goofy upperrer atmosphere pattern right now. it's not classic june but there is still weak weather systems to the north of us. enough that they are picking up the fog and pushing it inland. morning low clouds next few morning monopolies temperatures near 90 tomorrow and again on wednesday. i us spect on wednesday we could see a low 90 degrees reading. tomorrow morning, fog moving in. this is right now. fog pushes in tonight, 8:00. sights of market, by the ballpark. fog at 8:00. fog towards montclair, walnut career, and here we are tuesday morning. fog foot print. that looks like this morning. it's very similar.

it will burn back quickly. 9:00 a.m. temperatures back into the low 60s and there you go, back to the coast it clears. temperatures in the inland spots make it into the upper 80s. specifically i will have your forecast for your neighborhood and we will look that 5 day forecast. see you back here. >> thank you. the ash from a volcano in chile are forcing flight cancellations. the cloud drifted across the pacific ocean. the volcano began erupted on june 4th. since then 4,000 people have been evacuated. a volcano forcing secretary of state hillary clinton to cut short a trip to africa. >> she was clear she was committed to returning to finish the portion of her trip but these are unforeseeable

trips that force her to depart early. well, it happened with no warning at l the well known restaurant chain that shut down, leaving its customers shocked and look at this for, the second time a practice run in the bay for the america's cup ends, well, we will show you. you know it as the garlic capital now gilroy is claiming a a new title.

the american's cup champions ran into trouble on san francisco bay this afternoon. look at that. one of their sail boats, you see it there, flipped on its side. they set sail this afternoon on san francisco bay. preparing for the sailing competition. >> we will go out, realry analyze the currents and the winds and learn everything we can about san francisco bay so we produce a great boat that will win us the america's cup. >> the team brought two of their catamarans to the bay, they are testing them in advance of the big race. the team also ran into trouble last friday. this is footage of one of the

boats nearly capsizing as the team owner had a hand in choosing san francisco as the location for the upcoming competition. >> we can see that racing going on. i am talking about the vision here. san francisco bay is just perfect for that. >> organizers raised only a fraction of the money they need to plan the race. there are concerns san francisco taxpayers could be force to foot the $32 million needed for environmental planning and for state and federal permits. organizers say there plenty of time to raise the money. if you would like to see them out on the bay they will be out constructing practice runs all this week from 1:30 to 3:30. celebrity golf tournaments is under way right now. proceeds from the event benefits families of police officers and firefighters killed in the line of duty. last friday thousands honored

to two killed in san francisco. the grand marshall and speaker tonight is former louisiana trooper bobby smith. he talked about the special bond between public servants. >> killed in the line of duty, it breaks our heart. that is a brother or sister of ours. like of our own blood. >> he was blinded in 1986 when he was shot during a traffic stop. which one is the youngest city in santa clara county? that is gilroy. home of the garlic festival. they have a median age of 32.4 years old. when it comes to being funny, u.s.a. is tops. 30,000 people around the world were asked what nationallality at making people laugh.

americans won hands town. who is the least funny? according to the study, germans, russians and the turks. a group of 7th grade boys are accused of trying to rape their classmates, we will tell you what took place on a field trip. shocking move by a popular restaurant chain. the reason why some marie calendars are closing their doors and which locations are shut down tonight.

pleat bay area news coverage continues, this is ktvu channel 2 news at 5:00. started as a school field trip but it lead to serious

charges that several boys tried to rape two girls and they appeared in court. if they are found guilty they could be looking at time behind bars. how this happened and how it took several months before it was reported. >> reporter: the boys ages range from 12-14. they were arraigned right here on the second floor just a short time ago. a date was set for their pre- trial. >> reporter: wooded with lots of hiking trails. it was here that 5 boys attacked two 12-year-old girls from their class. >> when i initially read this case at -- a parent's nightmare. >> reporter: a group of 20 students attended a field trip with two chaperons. at some point students went their separate ways for a

project and that's when the boys went after the girls. >> there is sexual battery. there is a lewd act on an individual under 14 years old. >> reporter: he says the assault took place outside and lasted between 5-8 minutes. all the charges are felony offenses. the school district says all the students involved were part of a new program, which means they have only been in the u.s. for a year. >> this is very distressing to us. >> reporter: administrators say the incident took place in march but the girls didn't report it till the last week of schools. >> were they being followed as they should have been followed, if they were, how does this happen. do we need to modify our procedure, what should we do to be better. >> reporter: all the boys are held here at juvenile hall.

if convicted on all the charges they could face 14 years and 9 months in a detention center. reporting live, janine de la vega, ktvu channel 2 news. new developments in the murder case of a german tourist. prosecutors will not seek the deng penality against six people in charge of shooting mechthild schroer. total of 7 were arrested last month. police are still looking for an 8th. it happened with no warning. a restaurant chain closing in several locations. the company that owned marie calendars filed for bankruptcy today. 31 restaurants are being closed across the country, including 13 in california. the company has assets of 290 million but debt of 440

million. mareen n is live -- maureen naylor is live with more. >> these signs went up yesterday afternoon. tonight it is dark inside, doors closes and employees and patrons are shocked. >> club meets here on saturday mornings. they have the back room -- just sad. >> closed. what? >> reporter: dozens of patrons, one after the other found the doors doors locked. >> oh, my god! can't believe it. >> three times a week here to eat. breakfast every sunday. yeah. shocking. the manager said it caught everyone by surprise. >> from what i understand they came in yesterday, it was a sudden thing and happened all of a sudden. i looked in the window this

morning and there were still pies on the shelf. >> reporter: 31 marie calendars closed yesterday morning. >> it's going to mean less choice for the seniors here who have mobility consideration. can't travel. the company blamed the closure on a weak economic climate. >> i have seen the numbers decrease over the last few years. so -- >> reporter: in terms of what they ordered? >> yeah. yeah. >> reporter: 74 marie calendars remain open but the ceo says the process to identify underperforming restaurants remains ongoing. maureen naylor, ktvu channel 2 news. wendy's will sell most of

its steak in arby's. one group will play cash for almost 80% of arby's. it will also assume $200 million of arby's debt. wendy's kill keep 18%. michelle obama and hollywood is teaming up to help military families. today president obama was at the theater in beverly hills. they intend to help michelle obama give them the red cross they deserve. >> we will shine a light on these families so america understands when our countries go to war we have families serving long with them. >> they are holding a forum to oincorporate real life stories in television shows. michelle obama will be here to raise money for the democrat

party and her husband's reelection campaign. she will host tomorrow at the claremont hotel. in the afternoon off the afternoon. the least expensive ticket will cost $2,500. soldiers and family as have another way to get help. the fund is a new nonprofit that provides emergency finance support for soldiers hurt in combat. the turn around is said to be 1- 3 days. the group wants to help soldiers get back on -- back to duty or transition back to civilian life. getting a first look at congresswoman gabrielle giffords. the star released two photos on facebook.

the pictures were taken before he underwent surgery to replace part of her skull. a photographer took these pictures a day after she traveled to florida. you here her and her mother. congresswoman gabrielle giffords is undergoing rehabilitation at a texas hospital. >> remember the high school students who got in trouble for putting parodies of their high school principal on myspace? what a court judge decided about their case. and a famous musician gave the gift of music today. new information on what or even who you may be able to blame if you suffer from migraine headaches.

shealy e presented a special gift to music students today. [ music playing ] >> she presented musical instruments and a check for $11,000 to help out the music program that high school. it comes out of a foundation she operates. >> music has been a blessing for us and it helped us in our lives so we want to gib back to the community so we decided to come here to the bay area. >> the gift grew out of a

meeting last february. a federal court ruled today in favor of two high school students who created parodies of their principals on myspace. they say the postings are protected as free speech. grape growers are struggling to save their crops from a pest. the moth was discovered in nevada county. leaders set up a quoren teen zone for the grapes. they face a choice bean using a pesticide to kill the moth or removing the vines from their fields and wiping out the profits. new report on pesticide and produce. the environmental working group says apples are contaminated

with high amount of pesticide residue. celery, strawberries, peaches, spinach, neck renes and games, bell peppers. if you get migraines blame your gene. scientists identified three genes linked to migraine headaches. anyone who inherent one of the genes had has a greater risk of suffering from the headaches. while migraines remain understood the identifying -- identifying help sheds roots on the condition. rerouting ambulances from ers may be costing lives. heart attack patients have a higher runge of death if their ambulance is diverted to

another hospital. while the study can't pin the extra deaths on ambulance diversion it did find an association. sweet smell of grass and vindication. why the cal bear's baseball team is grateful for people they have never met. and it warmed up today. warmer still for this weekend and that's the word, pretty warm, especially in the inland valleys. i will show you how warm and which neighborhood.

. a parade a planned for the dallas mavericks, the nba champions returned home this morning to a enthusiastic crowd. the owner is offering to pick up the tab for the parade. this is their first nba champion. they mead -- nba championship. they beat the heat. looked like the program was going be eliminated, now not only are the bears back, they also could be on the verge of becoming national champions. >> reporter: this is a great lessen in keeping your eye on the ball. this is cal's diamond. filled with the sweet smell of new mowed grass and elation. the bears beat the rivals and the worst financial crisis in cal sports history. >> reporter: the team that almost wasn't returned this afternoon. they will play this sunday for

the college baseball national championship. >> you couldn't have written a bitter script for the team. and to have it work out for us and to play so well, they earned it. they deserve to go to the college world series. >> reporter: yesterday's victory over dallas came 9 months after cal said it was canceling men's baseball to save money. the other sports were reinstated but the baseball program needed angels and $10 million. the goal met, university saved baseball for at least 7 years. >> people who had no affiliation stepped in and pledged their own money. >> reporter: 7 have been drafted by the pros. including eric johnson. >> the team comes together so well. this whole community that is

backing us, which feels great. >> reporter: an hour ago cal learned its aponefront the world series will be the university of virginia. they won in a 9th inning, 2 out come from behind win. the bears play sunday, 9:00 a.m. john fowler, ktvu channel 2 news. we have new information that is just coming in concerning the 2012 presidential election. michele bachmann from minnesota just announced she is running for president. she is a three term congresswoman who was popular with the tea party. she joins several others who have already entered the race, including former miss governor mitt romney. >> reporter: there has been a surge in deadly tour bus crashes. 28 people have died this year.

safety groups and the bus industry say too many companies are ignoring safety rules. one of the companies was responsible for a crash that killed four passengers in virginia on may 31. >> when you think about the recent incidents, those are all companies operating illegally, beyond the margins of safety. >> congress is considering stricter safety laws, including one that requires buses be equipped with a seatbelt for every passenger. the conditions of johannes mehserle's release from jail, heather holmes has this. johannes mehserle is a free man. what he won't have to do, plus after 5 decades, this bay area business is shutting its doors. the big job losses and the community called to action and

on alert, the action fire cruise took today and what they want you to do now that the wildfire season is here. they are getting ready for its next rocket launch. it will launch a satellite into orbit in 2013. it will be part of the tv market in asia. back to our bay area weather, the rains we had all these months is like a distant memory. >> temperatures back into the 70s today. warmer and warmer still tuesday and wednesday, near 90 possible. outside we go. there is fog along the coast and there will be fog along the coast. fog nights and morning. subtle changes each day. fog pressing into the oakland

airport, san bruno. you want to clock big wind speeds go into this area. it's a low lying feature. allows the cool coastal fog to push inland. weather systems driving to the north. that was close. the next one drops close. they are still close enough that they are keeping the temperatures out of the 90s. close enough that it tweaks up the fog and pushes it inland nights and morning. more cooling. napa 59 degrees. fog gets into the bay tonight. at the coast tonight. be along the coast into the mid- day tomorrow with ocean beach, probably seeing a little clearing late in the day. high pressure is the story. numbers into the 90s. we will see low 90s around here. so tomorrow inland feels warm to you. not out of control. it just hasn't been warm. we are looking for a nice

weather forecast ahead with warmth in the valley. mild around the bay. and just kind of cool to mild coast side. 89 fairfield. santa clara valley, air quality good. 85 in los gatos. 79 in mountain view. that's tuesday. and happens warmer. a couple 90s on wednesday. five day forecast with the weekend, bottom numbers represent the peak end. weekend forecast, dry too. nice one with warmer numbers than we have seen in months. >> dipping back into what we came out of, does it look likely or a chance of that? >> what? >> cold, rain. >> no. we are done. >> okay. >> a lot of snow melting. >> okay. thank you. a fun night out to dinner went up in flames because of

some dessert. happened saturday in florida. firefighters say a waiter was preparing a dessert when flames from the alcohol jumped from the dish to the table. two women were taken to the hospital with burns. two others were burned on their knees. a new tactic, the one move one university is making so students don't miss out and the cost of a college degree skyrocketed, who is bigosessed out -- squeezed out and what they are doing instead.

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with no home phone required. only in the network of possibilities. at&t. . when stanford university held its ceremonies yesterday, not everyone who was scheduled to graduate did so. they make it easy for students pursue a new idea before they get their degree. among the students who would have been in the graduation was a journalist who left to cover the evolution in egypt. new numbers show the price of a college education is increasing so fast it's too expensive for some. according to the numbers from the college board, tuition and

fees skyrocketed 130% from 1988 to 2008. and that's not keeping up with middle class incomes when adjusted for inflation. the average tuition in 1988 was $2,800. over that same 20 year period the medium income declined. fewer middle class students are going for a 4 year degree, instead many are opting for 2 year programs. a school project about gang violence ends in arrest. two teens and their chaperons are facing charges. why is this place closing? the jobs that will be lost and what they want you to do about it.

been released and now we have to live with that. >> former bart police officer johannes mehserle convicted of killing oscar grant is a free man today. the precautions in place. 150 jobs lost when this plant closes. the reason one employee told us

is behind the shut down. complete bay area news coverage starts right now, this is ktvu channel 2 news at 6:00. >> drama tonight over a school movie making project that involved one real gun. only on 2, ktvu's john sasaki with the trouble two students and their chaperons find themselves in. john. >> reporter: look around this park and you could imagine the commotion that a group of teens with guns cause here. that's what happened on saturday, causing people to call police and now two are in trouble. >> reporter: the park was the scene of movie making saturday but police say the props were too realistic. >> two of the guns that we found were repluguhowever they looked real and one of the guns wassa