related to any confrontation inside. >> you see i'm wondering if this was right around the town that i got the text messages from him. >> reporter: tonight his friend saw the video today for the first time and shows us a text he received from bryan stow. it reeds, it's [expletive ] scary here. >> i think it just goes from what everybody had been saying that bryan was not an instigator in the attack. i think for people who have said that in the past that's a great example that he wasn't an instigator. that he was just there to watch a game. >> reporter: giovanni ramirez remains the main suspect. the new signs of improvement for bryan stow and the new physical establishments that he has made. maureen naylor, ktvu channel 2

news. turning now to developing news, in just the few hours governor brown unveiled his budget plan. it includes cuts to both the uc and cal state university systems. governor brown said state revenues are up $4 billion so far this year but his plan includes another 2.6 billion in cuts that would be triggered if there was another revenue shortfall. >> we've made tough decisions, it's a good budget but it's not the budget that i started with in january. and the democratic leadership wanted. we still have the debt out there, we still have work to do. >> reporter: the budget must still be debated and approved.

within the last few hours, lynne woolsey announced she is retiring from congress. congresswoman woolsey has spent 10 terms in congress. she gave her blessings to other democrats to start campaigning for her seat. woolsey is known as an anti war liberal. we have new details now on a deadly crash between a semi truck and amtrak train. the nevada highway patrol says lawrence nada, francis knox and 16-year-old carley were also killed. ktvu spoke to train passengers who passed that wreckage today.

>> we had heard about the train and we came that way and saw the cars and it was a horrible sight. and all the staff on the train were very upset. >> reporter: officials are now investigating the company that owned the big rig and why it did not stop. ktvu's christien kafton is here with more. >> reporter: in just the last 45 minutes a staffer spoke to the woman who caused all of this damage. she told him that she has already surrendered her driver's license. work is now under way to repair all of this damage. investigators are still collecting evidence and deciding what should happen to the 90-year-old woman. saturday morning a 90-year-old visitor accelerated from a

parking lot into a packed recreation room. amber wood gardens steven hooker met today with the bocanegra family. >> she was still smiling. but other lady more debilitated. she is 100 plus years old. >> reporter: the staff at amberwood acted immediately. >> one gentleman put his hand on the wall and pushed the car out. another gentleman who was a janitor was able to get the car off. >> reporter: as for that lady behind the wheel. san jose police aren't releasing her name because she hasn't been charged with a crime. investigators have interviewed that driver and witnesses and have gone over every inch of the rec room trying to figure out if this was negligence or just an accident. >> what those accidents determine is that this probably was a latter of the two.

it was a tragic accident. >> reporter: and taking a look at aour live shot -- and taking a look at our live shot, these are the walkers and wheelchairs that were damaged. we will see what happens in here and whether that 90-year- old driver will face any charges. friends and family of a danville teen injured in a beach accident are coming together. ryan buchanan was digging a sand tunnel in santa cruz county when it collapsed on top of him. he is now in critical condition in san jose's valley medical center. a prayer service is set to begin at 7:00 tonight at creek side community church. michelle bachmann is in a virtual tie for the lead. rita williams is here now and tells us why bachmann is so controversial and why some think she may not be electable.

>> reporter: frank, she did make it official today. >> my name is michelle bachmann, i stand here in the midst of many friends and many family members to announce formally my candidacy for president of the united states. >> reporter: the minnesota congresswoman, attorney, mother of five, foster mom of 23 already is neck and neck with mitt rom romney in the iowa polls. >> it is made up of fiscal conservatives and i am one of those. it is made up of social conservative, and i am one of those. >> reporter: known for speaking her mind, sometimes misspeaking she explains why she picked her birth play to announce. >> just like john wayne was from waterloo, iowa.

>> guess what it's not the hometown of john wayne, it's the hometown of john wayne hover. she is a great source of electricity. and like any lightning rod you take great risk in the touching her because she is controversial and she is not  the most electable republican out there. >> reporter: we found some enthusiastic reporters. >> i think sometimes people take things out of context. if you look at her over all history or over all story, i think she has a lot to say. >> i think she has good ideas. certainly better than the government we have now. >> reporter: but just outside the barber shop. >> she's a lunatic, i can't believe she's taking up so much air time. i can't believe anybody is taking her seriously. >> of course there are more republican candidates to come and eight months left until the iowa caucus. rita williams, ktvu. michelle bachmann is saying

apology not accepted to fox news host chris wallis. >> are you a flight? >> i think that would be insulting to say something like that. >> reporter: when asked if she had accepted the apology, the she replied by saying she is focused on more important issues. the jury convicted rod blagojevich of trying to pedal president obama's old senate seat. they also found him guilty of extortion. the jury cleared rod blagojevich of one charge. >> anne and i are obviously very disappointed in the outcome. i certainly am stunned. there's not much left to say other than we want to get home to our little girls and talk to them. >> reporter: rod blagojevich now faces up to 300 years in prison and five years for his earlier conviction of lying to

the fbi. but legal experts have predicted that the jury will sentence him to something more like 10 years. the judge ordered rod blagojevich not to travel without permission. just in time for the summer travel season gas prices are coming down. the price at the pump has dropped about eight cents a gallon in the last week. the average price of regular price is $3.56 a gallon. that is down eight scents from a week before but still about 8- cents higher than a week ago. in california gas is $3.83. that's down 7-cents from last year but it is up 70-cents from last year. and in the bay area, gas prices fell from seven to 8-cents a gallon over the past week. in oakland gas is now $3.81. in san francisco gas is $3.92. coming up at 5:45, $5.45.

the paper says the obama is proposing an increase to cars that have gas mile raj at mileage of 25-miles a gallon. senator harry reid met with president obama today as did republican leaders. the president is trying to head off an august 2nd deadline. the treasury department say it is debt ceiling must be raised to avoid a government default. but republicans are holding out

for big spenting cuts. >> if government spending were the answer to an economic slow down, we would be in a boom time right now. instead we're facing record deficits and debt. >> senator mcconnell also said tax hikes are not the answer. he noted the democrats failed to raise taxes last year when they controlled both houses and the white house. he said there are billions of the dollars to be made by closing tax loopholes and extending corporate subsidies. it was a good day at wall street. analysts say news that the greek debt crisis may have averted was helping to calm investors fear. the dow saw triple digit gains at the closing bell. the dow was up 108 points. the nasdaq was up 35. today the international

criminal court issued arrest warrants for gadhafi, one of his sons and an intelligent chief. all three are charged with crimes of war. the court has no police powers of its own to make the arrest. it was touted as a move to help keep violent games away from children. but today the supreme court said that california law is a violation of spree free speech. tara moyarti is live at a game store, but is getting a mixed opinion. >> these games could be in the hands of our children. >> reporter: at a new conference this morning, senator leland yee clearly thought the supreme court had

made a mistake. >> in the past we've protected them from alcohol and cigarette address and pornography. we felt this was at that level. >> reporter: lee introduced the state bill more than a decade ago. it would have banned the sale and rental of violent video games from minors. grand theft auto is a game that shows police officers being killed. others like postal ii allows players to go on shooting rampage. benjamin has been playing violent video games since he was 12. >> the line gets blurred. it's up to the parent to say,

look this is a game. >> reporter: yee is vowing to continue his fight. he plans to revise the bill and shoot for another hearing within the u.s. supreme court. live in oakland, i'm tara moriyarti. google is taking action against the lawsuit. the move comes after google was criticized by the way it collected personal data while mapping for its street view project. lawyers are trying to determine who will defend james whitey bulger and also who will pay for his defense. the question will bulger get a court appointed attorney? the federal judge today ordered prosecutors and bulger's temporary attorney to try to reach an agreement. authorities seized $800,000 in cash in the santa monica

apartment where bulger was arrested last week. prosecutors object to bulger receiving a tax paid public attorney. planet earth had what was considered to be a close call with an asteroid. the space rock flew by the earth about 10:00 this morning. this shows the to shows the trajectory of the rock. people who live near los alamos have been asked to evacuate after a fire broke out. ground crew, air tankers and helicopter are all fighting the fire. the fire jumped the highway near a lab. the lab has been closed and people in a near by town are

evacuating. >> i have pretty much everything loaded up. >> reporter: the cause of this wildfire is under investigation. evacuations are also underway in alabama tonight. the fire broke out three days ago near a state park forcing campers and people in near by communities to pack up and leave. firefighters say the flames spread under dry vegetation in the park swamp defeating efforts by crews to halt the fire. nuclear regulators are keeping a close eye on two nuclear plants near flooding.nuclear experts say things are under control and that there has been no release of any radio activity. and there appears to be

more fall out after japan's earthquake and tsunami. the scientists say it's unclear exactly how much or where that degree will be washing up but they say we could see it in two to three years. here in the bay area after a nice warm weekend, i understand according to our chief meteorologist bill martin we have some changes in store. >> you know gasia, big changes we talked about it last week. a chance of sprinkles this week, on friday i didn't really want to get into it because it's the weekend but here we are now. we have rain in the forecast. i see it as a really good thing. i really do. it's certainly going to help fire danger. you know what what does that look like. that looks like march to me. does not look like coming up on middle of june here, late june if you will. there's the system. it's going to roll in here a little ahead of schedule so i think we'll see sprinkles showing up in the bay. ahead of it it's kicking up the fog and low clouds. you can see the fog shooting across san francisco now. you can see, certainly see the

buildings, you see the sutro tower there. that fog is really going to thicken up tonight as that system moving in. we've already seen a drop in temperatures these are the current numbers right now. 76 in concord, very, very mild compared to the weather that we have seen. tonight what's going to happen is the clouds are going to increase. you saw that system out there. again, this isn't unprecedented to get rain. we had rain this time of year two years ago. so it's not crazy unusual. but it isn't the norm for sure. here's the thing. the air quality is going to get a lot better when that rain comes down on tuesday into tuesday night. you're going to get that fire danger reduced a bit. any moisture is going to help out on the plants. some places in the north bay could see a quarter inch, half inch, maybe an inch of rain. here's what happens tonight. the time line is clouds move in, low clouds and the high clouds thicken up after midnight. i think we'll see a few sprinkles showing up, drizzle showing up in the north bay.

let's take a look at this computer model here. here we are at 7:00 a.m. tomorrow morning. look at that, look at redding. there's an inch of rain right there. that's good news for them right there. one of the concerns we do have in the weather center is for the chance of a thunderstorm. the dynamics aren't such that we're expecting a lot of thunderstorms. this time of year with the sun angle where it is, the long day. you know you could get one pretty easy especially in hilly areas. up mount shasta. i would watch that. i think right now for the northeast quadrant of california it's the best chance of thunderstorms. here we are tomorrow at 12:00, is it raining hard in san jose? no. is it cloudy? yes. you can see it's a slow mover. you see the yellows, that represents areas of heavier rainfall or heavier dynamics. if i was looking for

thunderstorms i think i would be looking up here toward chico and paradise. so what i'm going to do, i'm going to come back here in just a few minutes we're going to talk about the forecast specifics. we'll look for the forecast high temperatures which if we go into the end of the week are going to go straight up. it's going to get hot around here. we'll have all that. we'll be back in a few minutes. last night firefighters rushed to francisco boulevard west. they found three separate fires. the fires were quickly put out. police arrested a transient who allegedly started two fires behind the cultural center. marin county residents may have to fend for themselves for quite a while depending on when a natural disaster acts.

the grand jury returned to -- some as far away as nevada county. residents have been told for years that they may have to survive up to 72 hours after a disaster without emergency assistance. in -- is new york city the new san francisco? >> i was demoralized and felt unwanted. why this woman is taking on abercrombie and fitch. it looks like a giant watch just installed on the golden gate bridge. now you'll see the task they'll really be used for. and a deadly disease caused by something that's all too common today.

organizers are calling it a success. they estimate that 1 million people came out for two days of festivities in the city and yesterday's crowd were onlookers sat is estimated at 500,000. police say there were three arrests. one for aggravated assault and one for grand theft. new yorkers are wondering if there will be a rush of tourists now that same-sex marriage is legal in that state. the legislature approved gay marriage last friday. that was quickly followed by the governor's signature and then celebrations in the street. the law takes effect on july 24th but new york city's mayor says there's no need for gay couples to rush to be among the first to get married. >> we love every tourist who comes here, we're certainly going to welcome everybody. i just don't know that everybody is going to rush to new york after the first day.

given there are alternatives. you can do it any time. >> reporter: the state will give the same benefits to same- sex couples than it does to married couples. and a woman is taking on the clothing store abercrombie and fitch. >> after i was asked to take off my scarf i was demoralized and felt unwanted. >> she was told she would wear her head scarf on the job. but after a visit from the general manager she was asked to remove her head scarf. she says even after the september 11th attack she has never been discriminated against. >> all my neighbors, all my classmates, all my teachers they supported me. i was wearing the a head scarf

at that time too and everything was fine. >> they have sued abercrombie and fitch. >> such a look policy cannot be squared with our shared values. no worker should have to choose between their religion and their job. >> reporter: abercrombie and fitch sent us a statement. it says, diversity in our stores far exceeds the diversity in the population of the united states. we come ply with if law regarding reasonable religious accommodations. plans are moving forward on the memorial for the

september 11th attack. one of the memorials being considered are a walkway along which the plane crashed down. and a wall of granite with the names of those lost along that walkway. and we'll tell you which --

some people in santa cruz are taking extreme measures to make sure pg & e doesn't bring its smart meter program to their

homes. they're camping out in front of utility trucks even switching out their meters. people were ready for a show down today. >> reporter: gasia, protesters here in capitola were camped out, they were handing out these fliers and they were right from front of this lot where you see all those white trucks that are being contracted by pg & e. they thought the workers would be pulling out and heading into neighborhoods to install those smart meters. that didn't happen, but if it does, there's deputies ready to make arrests. >> reporter: joshua worries about health risks, particularly the amount of radiation that smart meters emit. >> we have a right to be safe in our own home. we have a right not to fear

that our children, our pets or ourselves will get cancer. >> reporter: hart held a protest in front of the one of the yards where utility trucks were parked. they were ready to get arrested. the county council sent a letter last week to willington energy, the installation contractor for pg & e. she warns the company that workers could be issued a citation by sheriff's deputy s if the ordnance is disregarded. >> we can't really speculate on any city or council action against the program, the california public utilities commission has jurisdiction over the program. we will continue to work with them to make sure we're addressing those customer issues. >> reporter: pg & e maintains

that smart meters are safe. customers can choose to delay having a smart meter installed. but they're going to have to pay a fee for that. if they're interested customers can call the pg & e smart meter hot line. janine de la vega, ktvu channel two news. here is a look at smart meter progress. pg & e received approval in july of 2006. the first meters were installed in november of that same year. by the end of this year, pg & e will have installed 9.8 million meters by the end of this year. danville police say thieves broke in at the veterans memorial building construction site on harts avenue over the weekend. workers noticed the theft when they came to work this morning. the robbers took off with an undisclosed amount of copper wife and tools. danville police want you to call them if you know anything about the weekend break-in.

back in business and not too soon. the san francisco cable cars are back up and running. david stevenson has the story. it's nice to hear that bell ringing again. >> reporter: san francisco's california street cable car line officially reopened this morning after a six month long shut down and a $36,000 over haul of the entire cable car system. >> when you have an old infrastructure, things go slower. that was the main trouble. the cable is set to go 9.5 miles per hour. >> reporter: public utilities crews worked in tandem to replace sewer lines and install curve lines. they hope that their effort will approve a bond this fall. >> whenever we do these roads

we will collaborate and make sure all the other infrastructure departments pay attention to their infrastructure at the same time. >> reporter: over 5,000 riders hop on board the california line each day. most are locals though travel officials say it plays a critical part in the tourist economy. >> roughly 25% of folks around the world say the cable cars are a key reason they come to san francisco. tourists and daily commuters both welcomed back the colorful cars. >> we got a seven day pass to ride it up and down as much as we wanted to. it's pretty interesting. >> best part of the trip. >> reporter: the cable car reopened just in time for friday. just when the price of a ride jumps from $5 to $6. david stevenson, ktvu channel 2 news. president obama today took the liberty of a personalized

soccer jerseys from one of the nation's top teams. the president welcomed the raptors. >> they may not be that well known. but in sports that doesn't matter. what matters is that when the chips are down, they all work together. and that's what the team did. the endangered sea bird population is down at a los angeles port sanctuary. officials say there are only about five california leased turn nests at the 15-acre sanctuary this year. this is the sixth consecutive year of declines for that sanctuary at the port of l. a. the number of california leased turns dropped to 600 pairs in the 1970s due to lost habitat. a plan is due out this week to

save the spotted owl for extension. they have until friday to unveil changes to it's draft plan. conservation groups and logging companies have debated for decades. it's been more than a month since a nursing student has been seen. but friends and family are moving forward in a fight to find her. plus a dream vacation turns into a nightmare for dozens of people just miles away from a popular attraction. in just 24 hours, you will not be able to -- there will be an illegal -- coming up we have a warning about cribs and what may be putting your baby in danger. we'll tell you exactly what to look out for.

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fire ripped through a motel in florida. the fire began last night at the vacation lot in kissimmee and burned for hours. people had to be evacuated from the hotel which is not far from disney world. and thousands of volunteers once again searched rural parks of santa monica. searchers say they are working with limited information from

tips. michelle lee has been missing for six weeks, police say weeks -- she was probably the victim of a -- the new federal rule bans cribs which have been blamed for dozens of deaths. a new generation of cribs expected to be safer will be the only cribs allowed to be sold throughout the country even at neighborhood yard sales. millions of the drop side cribs may still be in circulation despite of warnings to parents. the fda recently ruled that avastian neither benefits nor harms breast cancer patients. a two day hearing will start

tomorrow before an fda advisory panel. genentech-- a new study from the journal of pediatrics looks at the impact of preschool children, especially those who watch tv after 7:00 p.m. children generally had more trouble sleeping and violent television any time can cause sleeping problems for three to 5-year-olds. however the research shows that nonviolent daytime tv did not seem to have any impact on sleep patterns. the number of unmarried couples living together in the u.s. continues to increase. but it may not be the best move for anyone. many couples move in together to save money. cohabiting translates to benefits for college graduates but not for those with less education. college graduates who live

together have higher incomes, they also have a higher median household income. children may be one of the reasons for the difference. college educated couples were less likely to have children. gas prices, we know what they're doing to your pocketbook. but up next what they're doing across the country that has lawmakers concerned. and fog rolling in across the avenues of san francisco right now. that fog, woe look at that. that's not in advance of that next weather system that will bring rain to parts of the bay area. new at 6:00, they look like giant slides just installed at the bay bridge. we'll look at the task they were really installed for. and a deadly disease that is caused by an illness that is far too common today. i want to crush more cars.

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greece is bracing for more protests and a civil service strike set to begin seven hours from know. doctors, ambulance drivers, journalists and others are all expected to stop work and stage protest rallies. 5,000 employees are ready to guard athens city center. workers are angry about taxing minimum wage earners. lawmakers are debateing the plan which is meant to win new laws to help greece's economy. the price at the pump is having a ripple effect on consumer spending. >> reporter: according to aaa once gas prices hit a certain number, travel starts to stall. >> usually right around the $3.50 mark. >> reporter: with the national average hoverrering at $3.57 a

gallon. aaa is expecting 3 million people less to hit the roads. >> the good news, prices are down about 40-cents since just the first week of may. >> reporter: not low enough to change our household budgets. new numbers out today from the commerce department show that last month consumer spending grew at the weakest rate in 20 months. mainly because gas prices caused many consumers to cut back. it's the reason obama opened up the oil reserve. but some people want to see more action. >> i think that the white house should look at the speck tailors more likely. they're ripping the shirts off our backs. >> reporter: adding insult to injury, the size of our paychecks hasn't increased much since the beginning of the year according to the commerce department. until they increase and gas decreases further our economy will be stuck in neutral. >> certainly the price of gasoline has an effect on everything we do. >> reporter: there is a silver lining here, the two biggest factors dragging the economy

down are disappearing. first gas prices are falling. secondly american factories are expected to start producing more. especially now that factories in japan are getting back to normal. in washington, carol hann, ktvu channel 2 news. the los angeles dodgers are bleeding red. they're finger pointing today about who should be blamed for the bankruptcy. >> what doctors say is to blame for the sharp jump in diabetes cases. and what you can do to turn the tide. plus a new sight at the bay bridge. the cat walk that construction workers must brave to start stringing the south anchored suspension bridge. and traffic school isn't good enough anymore. the hard line the state is about to take on certain driving mistakes. it's all coming up at 6:00. a florida photographer took a once in a lifetime video. we're about to share it with you and look right in the center of your screen here. the camera was rolling on this

group. there it goes. group of surfers. i know we're going to show it again. this happened at new smyrna beach. suddenly a 4-foot shark jumps over the surfer. and that shark is known for jumping while hunting for prey. this area is known for its shark attacks. more than 4,000 homes were lost in the flooding over the past few days leaving 1/3 of the townhomeless. fema is providing assistance. but many people there do not have flood insurance. we here in the bay area continue our cool down. and chief meteorologist bill martin showed us the fog rolling into the area. >> it was hot last week and temperatures have slowly cooled

off over the weekend. there's the fog there. tonight, more clouds, high clouds are going to move in and we're going to have some rain moving in. let's look at the fog system, i showed it to you already but it is worth looking at again. that's quite a system. we're talking trace amounts for fremont south. but north of san francisco, santa rosa you could see .3 of an inch of rain. most of us .25. i'm happy about this. i think it's good. this time of year with the fire danger as it is, it will help. it cleans out the atmosphere, that's good. and not a bad thing that it will happen on a weekday and not your weekend. and for the most part this system slide through tomorrow mid-morning. it just kind of works it way

through. the computer model 8:00 a.m. tomorrow, real close. this might cause drizzle in san rafael. then we get to about 1:00. you see how it stalls up here. we're looking at thunderstorms up in this area up toward, i guess that's marysville and working it's way toward grass valley. why worry about lightning storms. it kind of moves down. this system is moves through that's 5:00. maybe some sprinkles for the afternoon commute. look at san jose what's going on there. not a heck of a lot right. san jose you might look at this. there might be some high elevation storm, maybe thunderstorms. but you get the picture, unusual not an every day occurrence. we've had them a couple of days ago but not unusual to get rain this time of year. i love getting rain on my grass this time of year, i don't know about you. this is all playing off tomorrow as we go into the mid-

morning hours. mid-60s tomorrow. your forecast highs low 70s. maybe 73, 74 down toward gilroy and morgan hill. five day forecast, your weekend always in view. got some rain in the forecast areas on tuesday. scattered showers, listen it's not the end of the world. it's not a ton of rain that's going to make up. the biggest issue will be in the mid-morning and afternoon commute because there's a lot of oil build up in the roadway. san jose you might get out dry. >> i can't believe we're getting to the 4th of july weekend. >> i think because we were so wet this year. i think we're over it. >> thanks, bill. google is working with the getti museum to create a new act, it's called google gaggles. the app using google's imagine

recognition to store picture. the app won't work on some devices. the department of justice is investigating after an attorney from san francisco claimed home depot sold products made in china for u.s. public works projects. home depot says it would not knowingly sell banned goods and is cooperating with the investigation. staples, office depot and officemax have settled similar claims. and we love our dvrs. would you ever think about unplugging. you might after we tell you how much it's costing you when you're not using it.

americans apparently are embracing the use of e readers. such as the kendell and the nook. the majority of adults that own a e-reader has doubled in the past six months. it's the -- a study was produced to see which appliance in your house

uses the most energy, it's your dvr box. the natural resources defense counsel found there is 160 million of these boxes in the u.s. one for every two people and that number is continuing to rise. the boxes use $3 billion worth of electricity per year. it is the preferred technology right now. so we ought to figure out some way to address how much power they're sucking out of our country and out of our wallets. the report also found that 66% of that power is wasted when no one is watching and shows aren't being recorded. natural resources defenses defenses council is calling on the cable industry to come up with a more efficient box. and what's coming up on ktvu channel 2 news. and the new surveillance video that's offering new

information in the bryan stow case. and a deadly virus that's being caused by an illness that's common today. that's coming up next.

for the first time we're getting a look at bryan stow inside dodger stadium the night he was beaten and left in a

coma. good evening i'm julie haener. >> and i'm frank somerville. this new video is giving investigators a fresh perspective on the night bryan stow was beaten. >> reporter: we're about to show you a text message sent from inside. but first we want to show you this video released by tmz that reveals the scenes inside the stadium. the video is kind of shaky but it shows stow. you can see stow sitting in his seat with his hands up. >> i think it just goes from what everybody has been saying that bryan was not an instigator in the fight. >> reporter: tonight his