news happening right now. >> frank somerville, gasia mikhailan, complete bay area news coverage. within the hour, dozens of police officers will officially be out of a job, what they are doing here right now and how their colleagues plan to honor them. >> police say the new information in the michelle le disappearance are falls. we have a live report explaining. >> a farewell salute and a surprise as the secretary of defense says good-bye. the story next on ktvu channel 2 news at noon. >> announcer: complete bay area

news coverage starts right now. this is ktvu, channel 2 news at noon. good afternoon, we begin with layoffs at the san jose police department. in the last hour some of the several dozen officers who will soon be out of work started arriving at headquarters. ktvu's lauren baylor joins us live to explain how this is happening and how some of the officers are reacting. maureen. >> reporter: we're live at the union headquarters where 67 police officers right now are inside behind me. they only have 1 more thing to do before they leave their job and that is turn their badges in. they will be doing that shortly. we took video from the last hour that shows some of the officers arriving. officers say it's a somber day for san jose police department. they are angry, frustrated and disappointed. we spoke with one officer who blamed city leaders for his situation and the rising homocide rate which is up dramatically compared to last year. >> it's a somber day for everybody you know. people invested their time,

sacrificed a lot of their family lives and personal lives to be a part of this, and they are all set on being here for 30 years and serving the city and now it's getting cut short. everyone is disappointed, frustrated, angry. >> the council worked really hard to try to avoid as many layoffs as possible but we just don't have the money. we actually increased budgets for police and fire a little tiny bit but everybody else took 10% cuts so we took money from other departments in order to avoid as many layoffs as we could. jot 25 police officers have already found other jobs, some with agencies including sonny vail, santa cruz county. this has been a highly political fight between thest city which demanded pension reform and the police who say they didn't do enough to secure funding. the officers are inside having lunch. they are all expected to turn the badges in within a half hour, within a half hour after the union president speaks, and we have just learned that the colleagues on the job plan to have some sort of a ceremony to

escort them out. chief chris morrow will be available about 3:00 this afternoon, we plan to talk to him and brick you back at 5:00. maureen naylor, channel 2 ktvu news. >> the santa clara county district attorney's office is considering re-opening a 6-year- old attempted homocide case because the victim has now died. the suspect in this case is silvester felix bergara. he was arrested in february of 2005 for brutally beating another man on key street in san jose. the victim, octavia medinah, was so badly hurt he remained unconscious for 6 years and died last week. but authorities never charged burgara with the crime and he was deported to mexico. now they are considering whether to file homocide charges. we now know the identity of a woman killed in an el is a rita house fire. it started on king drive.

a man, his 11-year-old granddaughter and elderly woman was in the home when the fire broke out. the man and girl were able to get out but the woman died. the contra costa county says the victim was 97-year-old beatrice graina. they say the fire may have been sparked by candles that fell over inside a religious shrine. there is a new twist in the search for a nursing student michelle le. we reported that calls were made from her cell phone after her disappearance last month. jade hernandez says that's not necessarily the case so what are they saying now? yoo with no new arrests the information that came out of a san diego television station seemed to give this investigation hope but, today, hayward police and the le family are disputing those claims and that is not all. in fact, it was reported two calls came from the michelle le cell phone after she disappeared, one from reno nevada but they say that isn't

true. they did receive calls from across state lines but they did not come from her cell phone after her disappearance. >> is the answer to what answered to michelle lying across state lines? no, we don't believe that's the case. >> reporter: investigators did travel to arizona, though, to speak to a woman about this case. we spoke to michelle's brother michael, this afternoon, who told us this very same woman contacted him but he says his quotes and recent television reports were taken out of context and he doesn't know the woman who tried to reach out. >> our family tries very hard to keep our best foot forward and we don't want to get caught up with the investigations of things like that. we just want michelle home and that's all we want to keep the focus on. >> as this case progresses we have come closer and closer to a resolution. when is that resolution going to happen, when are we gonna know exactly what happened to michelle, i don't know at this point, but i know that we are rapidly moving in that direction. >> reporter: we have been told this is where the investigation

stands right now. the family plans to continue their search for the 26-year- old nurse who has been missings now for more than a month. police are awaiting forensic evidence results from the alameda crime lab and the f.b.i. investigators at this point still contend giselle esteban was one of 10 persons of interest in the case. she was a friend of michelle. arizona was less important in this case than the reno lead they received where local police gave investigators what he said was usable information. reporting live, jade hernandez, ktvu channel 2 news. an east bay teenager buried at life at a santa cruise county beach remains in critical condition but ryan buchanan's family had some hopeful news. his doctors have weekend him off the drugs that kept him sedated and the 17-year-old is now functioning on his own. last saturday the teenager got trapped under 7 feet of sand for 15 minutes after a cave he had been digging with friends

collapsed. nightly prayer vigils continue at the teen aiminger's church in alamo. the city of alameda has brought in a retired state fire marshal to investigate the controversial drowning of a suicidal man at crown beach. ruben grahalva has a web site offering public safety reports. he will issue a report on the much criticized responses in the case of the suicidal man. crews did not go into the water because they are not properly trained in water res cues due to budget cuts. tonight the oakland city council will try again to pass a new city budget hours before the new fiscal year begins. tonight's meeting is a follow- up to tuesday's meeting when council members debated three different budget plans. they could not agree on which one to pass. the deadline to pass the budget is midnight tonight. we're still waiting for word from governor jerry brown's office on just when he will sign the new state budget

agreement. the governor is expected to sign the bill sometime today. yesterday, he signed a number of trailer bills to the budget that includes a measure to require large online retailers such as amazon to start collecting state sales tax on internet purse. the new budget relies on $4 billion in increased revenues and severe new cuts to public universities and the state judicial system. and we're learning that lieutenant governor gavin newsom voluntarily gave up his salary to join state lawmakers who had to forfeit theirs until they came up with a balanced budget. newsome says he believes all elected officials should be held accountable but the lieutenant governor probably did not suffer too much financially. newsome is the wealthiest elected official in california according to the san francisco chronicle. defense secretary robert gates received a hero's send off this morning on the day of his retirement. ♪[ music ] .

>> after four decades of public service, today is his last day on the job. president obama presented him with the presidential medal of freedom. it is the highest honor that can be given to a civilian. he called gates a humble american patriot who is a man of common sense and desection see. >> it is a big surprise but we should have known a couple of months ago, you are getting pretty good at this covert ops stuff. >> 4 1/2 years ago then- president george bush tapped him as the defense secretary to oversee the surge in troops. leon pineta will replace gates at the pentagon. ahead, small animals found in terrible conditions need your help. also, a leftover problem from the rain this week. you are looking at the damage. the bay area is heating up fast. meteorologist mark de mayo is tracking the forecast.

we'll tell you how hot it will get in your neighborhood. also -- >> and in dublin, h why the alameda county fire department is telling us legal and illegal fireworks, both can be dangerous. that's ahead on the noon news.

a contra costa county school is now dealing with the aftermath of this week's unexpected storm. this is video of the school in alamo. the school is under renovation and we're hearing it suffered major water damage in this week's rain. plastic covers have now been put up over the building. it is a k through 12th grade school for special education students. we're on the verge of the july 4th holiday and local fire and law enforcement agencies are issuing an important warning about fireworks. ktvu's craig devro joins us live from dublin where the safe and sane fireworks come with a warning. right craig? >> they do. they train on these hills behind me to prepare for real fires. even real fires, dry grass wind and the 4th of july, they are saying illegal fireworks can be a health hazard. >> this is sometimes called an

m-100, some call it an m-1000 it's ill legal to possess. >> if that went off in your hand or pocket you would certainly lose some fingers. >> reporter: flanked by officers from county agencies they demonstrated what can happen with illegal fireworks. they also said what will happen if you dishandle any fireworks whether they are legal or not. >> in this nation between 8 or 9,000 people are treated in an emergency room annually for fireworks-related injuries. >> reporter: half are under the age of 15. in alameda county only dublin, newark and union city allow safe and safe fireworks. the legal ones are easy to identify like rambo kid, but even safe and save fireworks can cause fires. firefighters told me the recent rain and slow winds today kept this fire from burning faster. the chief said a change in the weather in just the next three days will increase the danger of grass fires. >> they should only be

discharged by adults, there should be proper adult supervision, they should only be discharged in accordance with the instructions in an area that does not have combustible materials close by. >> newark city in dublin hawaii safe and sane fireworks, you must use them within the city limits, if you're celebrating the fourth this weekend check the city's web site where you go for important information on park hours because rules may have changed since last year. reporting live from dublin, craig devro, ktvu channel 2 news. >> there are 11 cities in the bay area and santa cruz county where you can legally buy fireworks this holiday weekend. the prices range from the north as cloverdale to as south as watsonville. there is gilroy, and pacifica. fewer californians are planning to travel during the holiday. aaa says about 33.6

californians are expected to travel as much. high gas prices and the economy are some of the reasons people plan to stay closer to home. hybrid car owners will have to pay up. they had allowed drivers such as the prius to cruise in the car pool layne for free. but those motorists must now pay the full bridge toll. zero emission vehicles like all electric cars remain exempt. big rv owners will take a hit under the new law tomorrow as the bay area's 7 state owned bridges, the toll for 5-axle semis jumps nearly 7 bucks to $18. advocates for prisoners are wrapping up a news conference at this hour in oakland to announce a hunger strike at a notorious california prison. the group rallied at the federal building to speak out against conditions inside

pelican bay state prison in crescent city. tomorrow inmates will begin a hunger strike to protest their treatment in a prison security housing unit or shu. the prisoners claim they are subjected to long-term solitary confinement, collective punishment and forced snitching on other inmates. advocates called the conditions deplorable and inhumane. >> when you're put in a 6 by 10 concrete correctly can no windows, no access to sunlight. no human interaction, no human contact, with only cement being your friend, you are put in a condition of torture. >> we contacted state corrections officials about the inmate's claims but have not received a response yet. east bay animal rescuers are trying to find good homes for nearly two dozen abused rabbits. acting on a tip oakland police and the spca raided the back yard of an apartment complex in the lake merit area.

they found 21 malnourished rabbits stuffed into two tiny wire cages. authorities say the animals were being raised for food. some of the bunnies were scalded and suffered severe digestive illnesses. if you would like to adopt a rabbit you can call oakland animal services. shark fin soup will soon be a thing of the past in hawaii. possessing shark fins was bannedded last year and restaurants had one year to use up their supplies. that deadline is tomorrow. restaurants that serve shark fin soup after the deadline face a $5,000 fine. the marin county fair kicked off one hour ago with traditional petting zoos and carnival rides and organizers say this year's fair is historic. they are celebrating the 75th anniversary of the golden gate bridge with special exhibits. it includes a sculpture made out of 100,000 tooth picks with the skyline depicting the bridge. the fair runs through monday night in san rafael at the fair

grounds. and the advertised warm up movement in on track as scheduled. a live look outside in san francisco. both with sunny skies, the bay and the bay bridge, currently surface san francisco in the upper 60, as far as temperatures you'll notice a big bounce especially as you work your way inland. i can show you life stormtracker 2 dealing with dense fog, golden gate to the south, this should mix out as you head towards the mid- afternoon hours. current numbers, see the 70s showing up in fairfield and cochrane, livermore right now 74, san jose in the mid-70s at 75 degrees. today here is the overall weather story. a cool temperature coast side, warming up inland, tomorrow patchy morning fog, we'll call it not talking about the extreme heat just yet, that will be building in this week and especially inland temperatures. inland could be approaching 100 degrees. high pressure continues to build in from the desert

southwest so yesterday we were only around 68 to 870 degrees. look what happens as we take that in to friday, then into sunday, a significant bounce in the readings inland. we're still going to have a bit of an onshore breeze, at least the night and morning hours. the beaches warming up to the upper 60s, possibly the lower 70s, away from the coastline a completely different story as temperatures continue to heat up. here is our fog forecast model showing you some of the fog right now. we'll take that in to the afternoon hours by 3:00 and 4:00, it shows some clearing but we could still have some patchy fog near parts of the shoreline, then we'll take that in to the evening hour. the clouds regroup just offshore extending locally into the bay, first thing open early tomorrow morning, but a quick burn off, with those temperatures we'll be warming up as we head into friday. for today's forecast, this afternoon 3:00, mostly sunny, 60 to 84 degrees, a 5 to 10- degree jump from yesterday's highings. 7:00 mostly clear. we'll introduce patchy fog to the forecast at 10:00 this

evening, here is a look at the afternoon highs, vallejo at 79, a nice day for a ball game in oakland for an opening day this afternoon, san jose tops out 79. here is a look ahead. your five-day forecast, you'll notice temperatures really a booth into friday, saturday, sunday, in fact if you can see from the 4th of july holiday neighborhoods back up into the mid-to upper 90s, possibly a few spots out towards vacaville and sacramento could be close to the century marks. june has been a very strange month here. >> yoo. >> things beginning to stabilize. >> but boy, to go from rain in 60s to -- >> just a few days ago, significant rainfall, today we're talking about some 80s. >> up to 00 for the weekend. thank you mark. breaking news on the threatened lock out for the nba. also, a check on a situation overseas that has been impacting the stock markets here in the you u.s. and the

ice cream has been flowing at the oakland coliseum today all for a good cause.

take a live look at the big board on wall street. u.s. stocks advanced for a fourth straight day and an end of the quarter rally that is boosted by a surprisingly strong report covering the midwest. taking a live look at wall street you can see the dow currently up at 137 at 12398,

nasdaq up 32, s & p is up 11. also moving the markets higher today is what happened in greece grease. the greek parliament passed its second australia territory measure, the last hurdle to receiving bailout funds from the european union. there have been violent clashes between protestors and police in athens. more than 300 employee testtors have been injured. yesterday the parliament passed a measure authorizing deep spending cuts and tax increases. the measure passed today, detailing how the spending cuts and tax increases will be implemented. and this morning the labor department had some mixed news on the job market. first-time claims were down by 1,000 at 428,000 but economists had expected the number to drop more than that. continuing claims were also down 12,000. 3.7 million people are now

receiving jobless benefits. we have breaking news moments ago. the national basketball association announced it has locked out its players. negotiators for the league and players had been meeting in hopes of working out a last- minute deal before the collective bargaining agreement expires. but the two sides remain far apart on issues including profit-sharing. this is the first lock out since the nba season was reduced to 50 games 13 years ago. there are now two major sports leagues, the nba and the nfl, that have locked out their players. local sports fans found a terrific way today to beat the heat while also pitching in for a good cause. the oakland a's held theirstth annual mug root beer float day. some of the celebrity scoopers included a's infielder mark ellis. since 2003 the event has raised more than $300,000. today's proceeds went to the juvenile diabetes research

foundation. later at 5:00, trouble trails, high water. yosemite is getting ready for a crush of tourists this 4th of july but the winter rains have created big dangers in the park. what you need to know before you head out there. that story and more coming up in our next newscast. ktvu channel 2 news at 5:00. thanks for watching, have a great day.