new information at this hour about a san jose police officer charged in a case involving two teenaged boys. reporter: the chief centers are back at u.c. berkeley, but you might be surprised to learn how long they've been back. compromise at the capitol. the date change that's creating a feud between republicans and the president. plus failing to make the government's grade, the new report that's both good and bad news for bay area schools. the ktvu channel 2 morning news

continues. good morning to you. welcome to a brand new day, a new month. it's thursday, september the 1st. i'm dave clark. >> good morning, i'm pam cook. i wonder if september is going to be warmer than august. steve, do you have any idea yet? >> i would say yes, pamela. usually september is some of the warmest, best time of the year for the coast and it's starting to look that way, although we have to deal with some fog here today, but there are hints in the five, seven, 10-day outlook of a warmer pattern developing in the pacific northwest. today we're getting a little northerly breeze and that means upper 80s, low 90s inland. still just a slower process by the coast with 60s and 70s. now here's my good friend sal. reporter: steve, thank you. 680 southbound that traffic looks pretty good. if you're driving from freemont to san jose, it should be a good time to go. also the morning commute looks good on the san mateo and also the dunbarton bridge. 6:01. let's go back to the desk. topping our news, a

veteran san jose police officer is accused of having sex with two teenaged boys. ktvu's claudine wong now has some more important new information. she is in san jose. claudine. reporter: well, good morning, pam. yes, the santa clara county jail has now confirmed for us that san jose police officer patrick d'arrigo is free at this hour. he did post bail from here at the main jail in san jose at 1:42 this morning and was released. d'arrigo was booked yesterday on three charges involving two teenaged boys in an investigation that apparently had been under way for a couple of years. gilroy police heading up that investigation, but because d'arrigo is an officer with san jose, the san jose police department internal affairs division was also involved. now, according to the mercury news, the charges involve a 15- year-old boy and a 17-year-old boy and came after reports of alcohol and minors at the officer's gilroy home. he was arrested yesterday afternoon, but this is not the first time he's been in trouble. >> patrick d'arrigo was a

patrol officer from 1994, he was terminated at one point for a botched dui investigation that was in the media. he was reinstated after his decision, his termination decision was overturned by an arbitrator. that was in december of 2010. in january that officer hit the streets again and today he was taken into custody at 3:30. reporter: the mercury news reporting he was also a school resource officer at leland high school from '96 to 2007. again, released early this morning from jail, no word where he is at this hour. san jose police still dealing with the impact this has on their department as this officer now finds himself on the other side of the law. live in san jose, claudine wong, ktvu channel 2 news. time now 6:03. a bay area youth pastor due in court today to face sex charges. 38-year-old john gamboa is charged with having a sexual relationship with a girl from

benetia that was a bible study students. police say that girl is under the age of 14. the girl's parents called police after finding suggestive text messages on her cell phone. the youth pastor now faces serious charges, including committing lewd acts on a minor. it's 6:03. it's happening again in berkeley, another tree sitter there. this demonstrator, though, is fighting for the rights of the homeless. ktvu's kraig debro is there now in people's park with the latest on what's going on. kraig. reporter: good morning, david. we see some movement um there. mucado, are you there? he is there. we're going to talk to you in just a minute. let me tell me what we're doing out here. he tells a local paper he's been out here since monday. that's exactly what u.c. berkeley police told me about an hour ago. he's used tree sitting as a form of civil disobedience, but i'm not talking to the kind that took place at memorial

stadium. the man up there now told the daily cal that his name is muchado. we haven't talked to him yet except for a couple of seconds ago, you saw that. he says he's protesting the plight of the homeless people in berkeley. where you see homeless people there, they're sleeping on the sidewalk next to parking meters, sleeping bags, blankets, some less than that. the people tree sitting here have had different reasons for their protests. another opposed a plan to develop the park. meu chado is awake now. we'll see if we can talk to him and get his reaction later on on the morning news. reporting live in berkeley, kraig debro, ktvu news. president obama's jobs speech will be delayed by one day. he's moved the day to accommodate republicans but now there's a scheduling conflict with the nfl kickoff. coming up at 6:14, we're going to go live to our washington

d.c. bureau with how the white house is now responding. here at home willie brown says he is not making any apologies for his strong support of mayor ed lee's reelection bid. his office says willie lee's considerable political clout is a major plus for anyone running for office. brown, of course, is a former san francisco mayor himself and critics say he's been pulling the political strings in the ed lee campaign. time now 6:05. nearly half of california's public schools continue to show some improvement, but a lot of them are either labeled as failing by the federal government. of record, 49% of schools either met or surpassed the state academic performance index target of 800. that's up 3% from last year. however, the no child left behind act formula put more than 900 schools in a failing category called program improvement. california's school chief calls that formula flawed. he wrote a letter to the screef

education requesting relief -- secretary of education requesting relief from the sanctions. in just a couple of hours, a very important court hearing begins. it's tied to the san bruno pipeline disaster almost one year ago. many of the homeowners who sued pg&e over the explosion and fire are hoping to get a trial date. but this may be a long, drawnout process. more than 300 plaintiffs are involved in the lawsuit and the judge wants to consolidate and simplify their claims against pg&e. ktvu news will be covering this story today. we will have coverage coming up at 5:00 and 6:00 p.m. extra police are on patrol in a south berkeley neighborhood where a vandal slashed the tires of more than 60 cars. cars were targeted along a 17- block stretch, mostly on california street. we talked to one man who just relocated to the area to look for work, only to wake up to find damage to his rental truck. >> i'm not a rich man, so, yeah, this is tough.

>> police tell us here at ktvu that they know who they're looking for and that an arrest could be made as early as today. >> that's something to wake up to. >> yeah. time now 6:07. sal has got his coffee going, he's feeling better, he's watching our commute. >> hey, bring some in here. reporter: it's amazing how addicted i am to that. we won't go into that. let's go into traffic and i know a lot of you take a cup of coffee to go. santa cruz mountains, we talk about it a lot here, getting a little bit of slowing, unusually slow southbound 17 approaching las gatos. northbound 17 looks good, though. there may be a little bit of road work there on southbound 17 moving along. it's moving along to the commute here on the 280 freeway. it looks pretty good in san jose. cupertino and sunnyvale slowing on 85. if you're thinking about the peninsula, 101 and 280, that traffic is moving along very nicely on both those south bay freeways -- i'm sorry, peninsula freeways. westbound bay bridge toll plaza, that traffic looks

pretty good coming up to the pay gates with no major problems. and this morning if you're on highway 4 westbound, that traffic is off to a nice start which is slowing already in antioch, but looks good pittsburgh bay point. 6:08, let's go to steve. >> thank you, sal. a very good morning. we start off with some cool readings in the north bay. canwood, beautiful canwood there at 46. there are about five readings around 48 degrees. same for napa, not only at the airport, but also in town. santa rosa 49, about seven readings of 48 or 49, santa rosa, not only sonoma county airport, but also downtown. forestville 49 and windsor checking in at 49. so the cooling ends for those inland, but on the coast there's still some patchy fog. i'm wrestling with this forest today because, yes, the sea breeze is really decreasing rapidly, so inland temps will warm up, but there's still fog on the coast. it's a little shallower, but all signs point towards some warmer weather. if we can get that north breeze to really kick in, then, yeah, the coastal warmup. there's a lot of fog out there,

not as much around the bay and inland, but still some patchy fog and some of that may be reducing visibility. you can see a little bit right there. it's getting there, getting there, slowly. so it does look like eventually we'll scour that out on the coast. there's 149. 54 in the city. southwest at three, it's collapsing the sea breeze, so that's a sure sign that inland temps will warm up, calm at sfo, calm in santa rosa. a couple of days ago it was what, 25 miles an hour. now nothing. the inland temps, higher elevations 1500 to 2,000 feet starting to warm up, not seeing that yet, but i expect that to happen in the next couple of hours. that all points to warmer weather. as that system in the pacific northwest moves in, that allows that system to move in rapidly behind that. it is september, that means some of the best weather on the coast. it's shaping up that way, it just may be a slower process for some right by the beaches

today. 60s, 70s, 80s, 90s. we'll go 70 in alameda, 76 downtown oakland. 90 morgan hill, 84 san jose. cupertino at 85 degrees. 84 for woodside, same for redwood city. 64 daley city and we'll go 68 in the city. it does look warmer, though, for everybody tomorrow across the board and then for your long weekend in view, saturday warm, cooler sunday, monday. time now 6:10. tropical storm katia has now been upgraded to a hurricane. it's now about 1800 miles just east of the leeward islands and it's moving towards florida. forecasters say the wind speeds are up to 75 miles an hour. right now still too early to tell if hurricane katia will threaten land, however, the hurricane center in miami is warning everybody be on alert. well, at least a dozen communities in vermont are still cut off today as people up and down the east coast dealing with the flood waters left behind by hurricane irene. yesterday the national guard

was busy dropping off urgently needed supplies to residents still trapped like these folks in vermont. the flood waters washed away bridges and roads. a lot of people were just left completely isolated and the damage is widespread. from north carolina all the way to new york, they've got those high water levels and flood conditions from last weekend's storms. well, amazon.com says it wants to bring thousands of jobs to california, but it wants something in exchange. and it's a problem that hasn't been fixed since the 9/11 attacks, the continuing problem with emergency radios.

welcome back to the morning news. time now is 6:14. white house counterterrorism chief john brennan says al- qaida is on the decline after the death of the group's second in command. brennan says al-qaida's number two man was killed by a cia drone strike in pakistan last week. he also says u.s. intelligence has detected no active terror plots as we approach the 10th anniversary of the 9/11 attacks. there's still no nationwide radio network dedicated to emergency responders post 9/11. a report released by the national preparedness group says political fighting is to blame. the first responders were unable to communicate on 9/11. it was considered a critical failure that cost lives.

6:15. house republicans pushed back and they wanted president obama to delay his highly-anticipated prime time jobs speech next week. alison burns is live in our washington d.c. bureau on how the speaker of the house pressured the president to change the date. allison. reporter: dave, democrats say it is a stunning show of disrespect from speaker boehner for president obama. the last time that the president addressed a joint session of congress was for a state of the union address and he wanted to do it again next wednesday to lay out his new jobs plan. but it's the same night as a republican presidential debate. house speaker john boehner told the president the time would not be logistically feasible, now president obama has agreed to deliver the speech on thursday night, but that's the opening night of nfl football. white house aides are reportedly trying to schedule the speech for right before the game, but this controversy over something as innocuous as

scheduling a speech time certainly shows the dischord here and could be an indication of the reception the president is going to get from republicans for his speech and his new plan. reporting live from washington d.c., alison burns, ktvu channel 2 news. time now 6:16. amazon.com says it can create thousands of jobs here in california. amazon says it'll open six new distribution centers in california and hire 7000 people. however, the company says it will do that only if it can have a three-year exemption from california's new internet sales tax law. lawmakers say that could cost the state as much as $600 million. for the second time this year firefighters are battling a wildfire in the same north texas community. take a look at some video from possum kingdom lake. the fire has already destroyed more than three dozen homes here. today firefighters are hoping a path of dry vegetation will slow down the fire and hopefully make it easier to contain. in oklahoma city, hundreds

of people have been evacuated from a wildfire there. the firefighters are worried the dry weather may reignite some hot spots, but they say pretty much that fire is mostly under control. oakland police are investigating another fatal shooting in a troubled neighborhood. it happened last night near the corner of 77th and bancroft. investigators say a gunman opened fire on a man sitting inside his car. there have been two other homicides in this same area during the past few months. one victim was a castlemont high school senior who was shot to death while riding his bike. oakland police also need your help to find a missing woman who they describe as at risk. 41-year-old sabrina phillips has not been seen since july 24th in oakland. police say she may be suicidal. she's described as 5'4", 150 pounds with black hair and brown eyes. she has her mother's 1984 red honda civic delsoel. take a look at the license plate, california license

plate, 3lgr668. if you have any information, please call oakland police. time now 6:18. today the caltrain board is expected to sign off with a new operator and despite facing budget cuts, they're taking the more expensive deal. the board is expected to sign an almost $400 million deal with missouri-based transit america. this deal will cost them $24 million more than a bid by a different operator. the board of caltrain says the more expensive contract will provide better service to commuters. 6:18 is the time. speaking of commuters,late check in with sal. reporter: pam and dave, right now traffic is doing well around the bay area, so far, anyway. as you can see 280 northbound getting up to highway 17, nice looking drive here, and getting into the valley from 85 and 101 still looks good. so if you're an early driver, you can take advantage of this. moving along and taking a look

at the sanol grade, still traffic moves well from traffic driving to melpedestrianis. this morning on the commute in oakland, northbound and southbound, you get to the toll plaza, not a crowd yet, but those metering lights have been switched on. late go to steve. >> thank you, sal. we still have some fog out there but inland temps will warm up. there's already now some signs of an easterly breeze taking shape, some of the higher elevations and the sea breeze has simply collapsed in the last four hours. that all spells warmer weather, at least for inland temps. 49 napa, and a lot of 40s in the north. southwest three at travis. i mean -- four hours ago it was 18, that's a huge drop, and the system that's moving in, you can see some of that offshore wind taking place, some of that fog getting pushed out into the

pacific. that's all coming together for what looks to be a warmer day. the coast might be a slow process, so 60s there, but a lot of 80s, upper 80s and low 90s inland. shouldn't take too long once we get cranked up here. warm again on friday for the long holiday weekend. saturday looks warm, cooler, though, sunday, monday. there's a new challenger to apple'sipad. this one comes from sony. the japanese company unveiled two versions of its new tablet computer at an event in germany. the tablet will go on sale this month for $500. a smaller version that can be folded is expected in stores about two months. both run on the android operating system. facebook is expected to announce a boost in programming tools that it offers to licensed music services like rap soddy at a conference in san francisco late they are month. the new feature will let facebook users find out what their friends are listening to at any moment and tune in as well. it could be seen as a tool to get users to pay for music,

even if the money does not go to facebook, but it could keep users on facebook longer than before. time now 6:21. how the budget cuts from washington are filtering down to the bay area programs. the impact on needy children who are already having a tough time. and the discovery made in pandas that could eventually lead to cheaper biofuels. reporter: good morning. if you're driving downtown, northbound 101 traffic looks good. we'll tell you more about what the traffic is like trying to get into san francisco from across the bay.

, good morning. right now traffic is doing pretty well on interstate 880, although you can tell it is getting busier on that portion of freeway right near 66. we'll tell you more about the morning commute. a group of researchers believe they may have found a fuel source in an unlikely place, panda waste. the key is cellulite microbs in the guts of the pandas. researchers say that turns into sugar which can be fermented into fuels. >> it's safe to say that giant pandas have fairly specialized microorganisms in their digestive tract which helps

them digest all the plant material they take in everyday. reporter: the study was presented by researchers who say the results could eventually lead to cheaper biofuels. a sad update on the young sea lion rescued from an east palo alto creek. veterinarians at the veterinarian clinic said the sea lion had to be euthanize noah ized after suffering a stroke. time now 6:25. the budget cuts in washington are filtering down and more than 100 bay area kids are feeling the pinch. at the end of this month the funding will stop to the big brother big sisters program. that will leave kids with incarcerated parents on a waiting list. the chief executive officer of the program says a simple connection with a big brother or big sister can change the life of a child. >> those kids seek attention and they're going to seek attention from whoever it is, whether it's the gang member down on the basketball court or

big brother who's showing up and saying i care. >> now the program is appealing to you, the public for help in keeping brothers and sisters with their kids. they say it's very important for the kids of people who are behind bars that may never get to know their parents. to get more information on the big brothers big sisters program, go to ktvu.com, scroll down the front page and click on the web links. parents [ no audio ] child to the drug store for a bottle of cough syrup. governor brown signed a law making it illegal to sell cough medicine like robitussin to minors without a prescription. the cough syrup contains a drug that some kids are taking to get high. side effects mirror that of pcp. the east coast was rattled by another aftershock. how big it was and where it hit. reporter: a veteran san jose police officer faces sex charges concerning two teenaged boys and it's not the first

time he's been in trouble. we'll explain coming up. some good news coming in this morning could mean a good opening. some pretty ladies there ringing the bell. we'll be right back.

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[ female announcer ] kraft cheese has more full length shreds in every bag. you'll see the difference. ♪ mm-mmm-mmm-mm welcome back to the morning news. ringing the opening bell there in new york this morning. we have irwin cruz, man with a hard/construction. and you might notice the ladies over on the nasdaq. i don't know if you did or not, but there they are. they're ringing the in-state magazine. ringing the bell. not sure why they're there. if you need an excuse >> i don't think so. some good economic news coming in this morning from the retailers. we have decent weekly jobless claims numbers, the big report comes out tomorrow, though, so it looks like a good opening. we'll keep watching the numbers. >> we will smile.

we say good morning to you, thanks for joining us here on ktvu channel 2 morning news. you've made it to the first day of september. >> yes. >> it's thursday, september 1st, good morning, i'm dave clark. >> i'm pam cook. time now is 6:30. topping our news at 6:30, a veteran san jose police officer facing very serious sex crime charges this morning. it involves young boys. ktvu's claudine wong joining us live, she's in san jose. you say there's concern there could be more victims. claudine. reporter: certainly, dave, this investigation is ongoing. we have confirmed for you this morning, though, that this officer is free after spending about 10 hours behind bars here at the main santa clara county jail. investigators are focused on 44- year-old san jose police officer patrick d'arrigo. he has been a police officer for the past 17 years, but for the past couple of years he's been under investigation himself. now, according to the mercury news, the investigation began when reports started coming in about d'arrigo having parties with teenagers and alcohol at his gilroy home. sources told the merc that two

possible molestation victims were identified but charges weren't filed recently until a witness came forward. yesterday a grand jury handed down an indictment and d'arrigo was arrested. he was booked about 3:30 in the afternoon at the main county jail, but then was released this morning after boasting bail -- posting bail. san jose police say his most recent duties was patrol. >> he was a patrol officer. there were no specialized assignments where he had access or any special access to minors or to any investigation of crimes of that nature. his interaction with minors on the job was primarily something that came as a result of the normal course of his duties. reporter: that apparently wasn't always the case, however, the mercury is reporting he was a school resource officer at leland high school from '96 to 2007 and he's been down the grand jury road before after a botched 2008 dui investigation involving another officer. he was terminated but was just reinstated in january after an

arbitration overturned that termination decision, so he went back on the job in january. he is now on paid administrative leave. live in san jose, claudine wong, tkvu, channel 2 news. san francisco police are increasing their presence in the mission district. ktvu channel 2 reporter tara moriarty is there with what led to these extra patrols. tara. reporter: well, we're here at 19th and mission streets and that's where police say an innocent man was gunned down by gang members two days ago. now they say they are beefing up their patrols in the neighborhood. and we want to show you something. it's a look at a map. it's called gangs and cupcakes and this is a map that actually shows where the two rival territories are. cupcakes denoting some of the local bakeries in the area, the map's creator just wanting to show people that they should be more aware of their surroundings. it's off of missionlocal.org and this section right here at the top, this is the delores valencia corridor. it's loaded with popular restaurants and pricey real estate runs through there.

police say they will be adding more beat cops and plain- clothessed police officers throughout the mission. they will be walking, riding bikes and driving cool cars, cars that don't look like marked or unmarked patrol cars. they're doing this because of a surge in gang violence. tuesday night at 11:30, edison lakiah was shot and killed off hampshire street and 21st. his family says he was only steps from his front door. police say he did have gang ties. then less than 24 hours earlier police say gang members made a mistake when they shot a line cook in the face. 22-year-old gaspar pucheck later died. he was not a gang member. it happened outside the hog and rocks restaurant where the father of two was taking a smoke break. he was apparently working two jobs to support his children. now, the case of mistaken identity has infuriated people around here, but police say they are cracking down. we're live in san francisco, i'm tara moriarty, ktvu channel 2 news. time now 6:34. another east coast aftershock reported overnight. it was a magnitude 3.4 hit just

after 2:00 a.m. near mineral, virginia. that's the same area hit by that 5.8 magnitude quake last week. more than 20 aftershocks have been reported since then. no word of any damage or injuries this morning. guess what. the washington monument may have more earthquake damage than what we first thought. while inspecting the washington monument after hurricane irene, the crew found puddles of water indicating there are more cracks in the building. still not clear when the washington monument will reopen. the bay area will play host to the president at the end of the month. a white house source says president obama will come here as part of a three-day, three- state western swing starting on september 25th. the exact location and time have not been released, but expect some campaign fundraising events as well. his travel schedule is picking up after this summer's budget battle forced him to stay in washington. a u.c. berkeley professor will be sworn in at noon today as the next california supreme court

justice. 40-year-old goodwin lu received unanimous approval last night from a state judicial commission. lu attended stanford university, oxford in england and yale law school before teaching constitutional law at berkeley. he will join the seven-member state court just in time to hear a key case on proposition 8 next week. time now 6:35. there's a new report about an apple employee who may have been careless with company property. this time the scene was a san francisco bar. we'll tell you more about that a little later. also today rates go up for most of netflix' 25 million subscribers. the new pricing policy will increase rates almost 60% for customers who want too keep renting dvds through the mail and use the streaming video option. and for the first time netflix will offer dvds-only plans for up to $16 a month. that could boost business for red box. they offer overnight rental of a single rental for $1. palo alto may have to scale back its plan of a bike

bridge spanning highway 101. now, the city hoped to erect an elgant bike bridge across 101 across adobe creek, but members of the planning commission say the city can't afford the $9 million price tag. commissioners are looking to simplify the project or perhaps delay it. time now 6:36. hey, sal, everybody behaving themselves out there? reporter: well, so far. most people are, dave and pam, good morning to you. traffic is moving along slowly in some areas, but we don't have a lot of crashes which is good. this is northbound 101 coming up to the 80 split as you approach san francisco. coming in from the bay bridge you will see some slow traffic at the toll plaza. we'll show you that pretty soon here, but there's not a huge delay just yet. getting up to it on oakland freeway, northbound 880, that traffic looks pretty good as you drive from san william through oakland into downtown. if you're driving in the santa cruz mountains, northbound 17 traffic looks good. we had kind of a bad day earlier in the week. that day has not been

replicated. here we are already thursday. we have a little bit of slow traffic on southbound 17 which is becoming a busy commute leaving las gatos and getting up to the santa cruz mountains. 280 a little bit slow approaching 17. 6:37, let's go to steve. >> sal, thank you very much. clear skies for many, some of the higher elevations the wind is turning a little easterly and the sea breeze has gone from about 18 miles an hour to zero. so there are signs of a warmer pattern at least inland. now, on the coast we still have to deal with some fog. temperatures, though, in the 50s for many or upper 40s, so patchy fog, it will be warmer today. tomorrow looks even better, clearing skies with warmer conditions. by the weekend, though, we'll start to see a little bit of a cooler pattern as the wind turns more westerly instead of northerly. it'll still be nice, but it will be a little cooler. some of the morning lows here, checking in on the north bay are on the chilly side. napa48, santa rosa 49. forestville 49 and also windsor at 49 degrees.

46 now at the napa airport. that's cool. low 50s for santa rosa, sonoma county airport and also san rafael with mid-50s for many other locations except oakland airport continues to be cool at 53. southwest three at travis. that is nothing. they've gone from 16 miles per hour about three hours ago to three. that's a sure sign they'll be warmer today, a little north wind out towards stockton, so some of that is coming together here. the system that cooled us for a couple of days, kind of, is moving east. you can see the high kind of building in and giving us more of a northerly breeze. eventually it should make it here and get rid of that fog. so the cooling ends, turn things around and start a warmup. patchy fog still near the coast. haven't wiped that out yet, but it will be warmer away from the coast and i think even later on we'll start to see a little bit more improving conditions conditions by the beaches today. morning fog then sunny. a little northerly breeze or an easterly breeze is showing itself, so that means 60s to 90s, warmer weather inland, a good five to 10-degree jumpup in some of the temps.

we'll go 91 at fairfield, 91 pittsburgh. 76 downtown oakland. 77 san leandro, pleasanton at 89. 88 saratoga, freemont 82. low 80s, mid-80s on the peninsula, including palo alto and mount good at 82. 60s, 70s in the city and also as you head towards san mateo, san bruno, some fog there keeping temperatures in check for parts of the coast. friday warm to hot, okay on saturday and sunday, monday does look cooler. time now 6:39. that's a big wave. we've been telling you about waves headed for the bay area, but hawaii already seeing high surf. advisories and warnings are in place as waikiki beach and at south shores across the island. some of the beachfront islands say they're losing customers. the huge waves are keeping some tour is away. now, if you plan to enjoy a day at the beach this labor day weekend, be careful. the national weather service

says those waves are headed to the coast from the southern hemisphere. they may create dangerous rip tides. the beaches that face south, including pillar point harbor and stinson beach, they're the most vulnerable, so be careful. the swells expected to peak tomorrow and saturday with six to 10-foot wave span. >> spread the word because a lot of people will head to the beach. 6:40 is the time. a shocking case of animal abuse in santa clara, the reward being offered for information on who is shooting darts at ducks. reporter: this morning another tree-sitting protest at berkeley, but this one isn't necessarily to protest the cutting down the trees. we're going to tell you how tree sitting is now being used as a tactic in other protests. reporter: good morning, northbound 101 looks like we have a little slowing on the way up to santa clara and sunnyvale out of san jose. we'll tell you more.

. good morning to you. welcome back. here's a quick look at some of the top stories we're following for you right now at 6:43. a veteran san jose police officer facing some very serious charges. 44-year-old patrick d'arrigo is accused of having sex with two teenaged boys. the ktvu's claudine wong is on this story and has new information. she'll give us an update in a couple of minutes. san francisco police are increasing patrols in the mission district now.

this follows two gang-related shootings in just 24 hours. police say the violence between rival gangs is getting out of control. and president obama will deliver his jobs creation speech on thursday, september 8th, instead of september 7th, this after house speaker john boehner objected to the original date, saying there was a conflict with the republican presidential debate. there's another tree- sitting protest in berkeley. ktvu's kraig debro is at people's park where this morning a man is camping inside a 40-foot spruce. kraig knows why the man is there. kraig. reporter: good morning, pam. we're at haste and vonage. behind me you can see the flag and you see moon shadow up there, that's his name. he's waving now, just above that american flag here at the protest at people's park. he goes by moon shadow and this morning he woke up to a bowl of microphone inside, that's how we got the mic up there so we could interview him. he said he crime climbed this

tree at people's park on sunday night and he's been here ever since. u.c. berkeley police says he must come down or be cited. police have come twice a day to get him down. moon shadow says he's in the tree to protest plans by a local business group to develop the park. >> they have a soccer field two blocks away, they have another soccer field eight blocks up. there's many empty buildings, i'm sure that they could use to build a museum. reporter: now, we've been saying this morning that the local paper said that moon shadow was protesting the homeless problem in the park. that is partly true. if they're going to develop this park, everybody knows people's park, it's a popular hangout for the homeless, so they develop a park and the homeless have to move on. one other reason that these tree sitting, as you look at some of the homeless in the park, moon shadow tells me that tree sitting has its advantages.

he says it's harder for police to come up there and get him down. he has gravity on his side. so tree sitting has not only become what he's doing to protest development, but also it's become a tactic in the world of protests. reporting live in berkeley, kraig debro, ktvu, channel 2 news. it sounds like an instant replay, but c-net is reporting that someone left an iphone prototype at a bay area bar. the c-net reporter says the prototype for the iphone 5 was left at cava 22 in san francisco's mission district sometime in july. after last year's case where an apple engineer left a prototype for the iphone 4 at a redwood city bar. some apple fans say it sounds like a publicity stunt, but the reporter says apple has to do real world testing on its products before they can be released. >> you can't just walk around the cupertino campus and say i think this works here so it'll work everywhere. >> c-net says the phone may have been sold on craigslist for about $200. it still hasn't been found. apple, not commenting on the story as usual. there are reports that the

iphone 5 will go on sale next month. today two people will be in court in connection with the loss of the iphone 4 prototype. they're accused of selling it to a gizmotto blogger for $5,000. state law says anyone who finds and keeps lost property is guilty of theft. the blogger is not being prosecuted. time now 6:47. you gotta see this, later this morning animal rescue crews will try to help wounded ducks in santa clara. they're the latest victim in a shocking case of animal abuse. yesterday, look, we spotted this duck, there's a six-inch blow gun dart through its head. this is at the marina playa apartments. residents there say as many as five birds have been shot with darts since last week. one of the ducks was shot several times and died from its injuries. >> it was horrible. i mean, it looks like a porcupine, had all these green darts sticking out of it and it looked like it was in pain. it was just floating out there, couldn't eat, couldn't move.

>> the wildlife rescue of monterey, they're offering a $5,000 reward for information on who did this. >> i hope they catch that person. boy. 6:48 is the time. let's go back over to sal for a look at traffic. reporter: right now traffic is doing pretty well, if you are driving in some areas, but it's getting busy in others. take a look at interstate 880. northbound 880 which is on the right, it is doing pretty well. it's looking good, driving up to the downtown oakland area. if you're going to the bay bridge toll plaza, you will see some slow traffic here. no major problems getting onto the upper deck of the bay bridge, but you'll be waiting because the metering lights are on. san jose getting into the valley this morning, you will see traffic in las gatos looking good on 17. 85 at 17 some slow traffic there. 101 a little bit heavy coming up to the mckee road turnoff. peninsula 101 and 280 looking pretty good, both directions between burlinggame and redwood

city and heading onsouth to palo alto. we want to remind you that our morning team now has a facebook page. you can find news, updates and send us messages and story ideas. just search ktvu channel 2 morning news team and like us or follow us. now 6:49. let's go to steve. >> like, like, like us. thank you, sal. there you go. sunrise over the big city, those of you with your 55-inch high definition tv, turn around and look at the screen. for some it'll be a warm day, for others there's still some fog. it's going to get wiped out, but we have to deal with some fog and very cool readings. fairfax in marin county and the napa airport have both dipped to 46. i mean, that's a little chill in the morning air there. outside santa rosa, closer to town instead of the airport 49. windsor checking in at 49.

there's the napa airport at 46. san rafael is at 51. 53 at the oakland airport and then 55 livermore, also san jose and redwood city and san francisco. although i've seen anywhere lows in the city from 53 to 58, to 53, actually, out towards the sunset district, 58 closer towards the embarkandaro and the financial district. for some it's cool, others maybe it's on the mild side. a northerly breeze in stockton. not much of a sea breeze at all. when travis has southwest at three, that's nothing. a couple of hours ago it was about 16 miles an hour. the system that was responsible for our little cooldown is now moving off towards the east there and high pressure is building in. that's going to give us a northerly breeze, higher pressure building into the pacific northwest. that usually corlates with september and warmer weather on the coast. we're leaning towards warmer weather inland today and probably on the coast today. if not today, probably tomorrow as we get a warmup here, saturday as well and then the fog will start to come back.

warmer weather on tap. today temperatures anywhere from the 60s to the 70s coast and bay to 80s and 90s inland. a lot of low- to mid-80s on the peninsula and 60s still on the coast, upper 60s in the city, maybe 70 along the embarkadaro, your long holiday weekend warm and then cooler sunday, monday. some good news this morning on the economy. 409,000 people filed first-time jobless claims last week, but that is down 12,000 from the week before. continuing claims also down slightly. 3.74 million americans do continue to receive unemployment insurance, but that's also down 18,000 from the week before. the unemployment rate for all of august, very important report, comes out tomorrow. checking in on the numbers today, there's also some good news from the retailers this morning. shoppers remained resilient in

august despite some big market swings we've been experiencing. of course, worries about the economy, but -- and then we're going to worry about hurricane irene for the next month. but so far august retailers are reporting some decent numbers, especially the discounters like target. >> interesting. time now 6:52. an apology from j.c. penney. the controversy over a back-to- school t-shirt. and it's a first for the 6 and it happens this weekend. reporter: good morning. if you're driving on highway 24 westbound it looks pretty good, getting out to the tunnel. we'll tell you more about the morning commute.

. the family of a man killed in a recent deadly boating crash on the san francisco bay has filed a lawsuit. min trong was tossed into the water on august 3rd after his boat collided with a yacht. the family blames the yacht owner. brisbane police say they did not find any sign of alcohol in the crash, but results are still pending for sobriety tests given by the coast guard. the yacht owner, by the way, was reportedly sued in 2005 for another boating crash by a passenger who claimed he was under the influence. j.c. penney is responding to the outrage over a controversial back-to-school t-shirt. now, the t-shirt has the words i'm too pretty to do homework, so my brother has to do it for

me. critics say that's both inappropriate and sexist. reaction on twitter came quick, along with an online petition to remove the shirt from its online store. by noon the shirt was no longer on the j.c. penney website. the store has issued an apology. time now 6:56. bears and bulldogs in san francisco this weekend. the cal bears, sal, will host the fresno state bulldogs at candlestick park saturday. cal's season opener marks the first time a regular season college football game will be played at the stick. the bears will play the rest of the season at at & t park, their regular home, memorial stadium is being renovated. well, the grape harvest in the napa and sonoma valleys is finally under way. the first grapes were picked monday for the sparkling wine production. this year's harvest comes about two weeks late because of the lower temperatures. some of the wine makers say the yields could also be lighter this year because of the late season rain. coming up on 7:00. back over to sal to check in on traffic.

reporter: i'm wearing my cal bear colors today. good morning, everybody. let's go out and take a look at what we have. traffic is getting much busier now. we have some stop-and-go traffic right here on 237 crossing 880. also this morning we're looking at traffic coming up to the bay bridge toll plaza, there is slow traffic from about the 880 overcrossing. and this morning's commute on 101, san francisco looks good approaching the 80 split. let's go to steve. >> sal, thank you. patchy fog on the coast, so 60s there, 70s inland, though. it's already showing signs of being warmer, so upper 80s and low 90s. coming up next on "mornings on 2", a break in a bay area liquor store, why it's causing some concern. also a very tense incident at a popular amusement park. this was not amusement. stay right here with us.