a veteran san jose police officer faces charges for sexual misconduct with two teenage boys. we'll tell you what happened overnight. an explosive situation in the sierra foothills. the disturbing discovery in a remote barn. a memorial continues to grow for a man killed by gangs in a case of mistaken identity. we'll tell you how police in

one san francisco neighborhood are cracking down on violence. also, the bill that could think many parents think twice about hiring a babysitter. mornings on 2 begins now. ♪ [ music ] good morning to you, welcome to mornings on 2. i'm dave clark. >> good morning, i'm tori campbell. it is thursday, september 1. topper ago news, a veteran san jose police officer is facing serious sex crime charges that involve teenage boys. there are concerns there could be more victims. >> reporter: the investigation does continue. overnight, the san jose police officer posted bail here at the main jail in san jose. the next step is arraignment. this officer is patrick d'arrigo.

he is facing charges involving teenage boys. the officer involved is a 17 year veteran with the department. he's been in the patrol division, but he was also a school research officer for several years at leeland high school. he ended up in jail yesterday after the grand jury handed down an indictment on three different charges. this apparently happened after police in gilroy looked into that d'arrigo was having parties at his house with alcohol and young boys. >> the jurisdiction that the crime occurred in is gilroy. we have been working with the gilroy police department is for some time. we will continue to do so. we have concerns there may be other victims out there, either in san jose, or gilroy. we don't have specific information to lead us to believe there are. but anytime you have a crime involving minors, that's a concern, so we're reaching out

to the public, anyone that knows this individual, we're asking them to step forward. >> reporter: if d'arrigo's name sounds familiar, it's because it's not the first time he's had trouble. he lost his job after being involved in a botched dui incident involving another officer. he is off the job now on paid administrative leave as according to policy. live in san jose, claudine wong, ktvu, channel 2 news. it is 7:02. pail alto investigators believe a weekend break-in is from a serial burglar. the burglar, or burglars smashed a window at the liquor store, and took cash, and a computer. it's believed the same man involved with these two burglaries is responsible for

up to ten burglaries in several cities, since 2009. investigators are examining surveillance tape to identify a suspect. time now, 7:03. well san francisco police say violence between rival gangs is on the rise. this after two deadly shootings in just 24 hours. ktvu is in the mission district now, to tell us how police are fighting back. >> reporter: this is the spot where a 22-year-old father and a cook at this restaurant was taking his smoke break two days allege, when he was shot in -- ago, when he was shot in the face, police say by gang members. authorities say this was a case of mistaken identity, and they're adding extra patrols to the territory. they will be flooding the streets with more officers, including plainclothes officers. they're doing this because of a surge in gang violence.

tuesday morning, 22-year-old gasbar pukchek was the person killed. neighbors are infuriated. the father of two was working two jobs to support his children. >> it could happen to anybody. stay away from those gangs and bad people. >> how do you know they're coming? >> you don't, but you know by the neighborhood you're in, hopefully police can stop and nab these killers. >> reporter: edson was shot three times and killed. it happened at 11:30 at night. the family says he was only steps from his front door. police say he ask have gang ties. it does remain unclear whether these two shootings are connected. police are asking any witnesses to come forward. time is now 7:05. well the bomb squad will go

back to a barn in the sierra foothill town of jackson today. they'll be searching for more boxes of dynamite. a property assessor found a 30- pound box of old dynamite yet. the bomb squad was called in. they evaluated about 200 people from nearby homes. they're worried that moving that box could make it explode. they moved the dynamite away from the barn last night, it was safely destroyed. a change of date for president obama's job creation speech. his address to a joint session of congress will now happen one day later than first planned. coming up for you at 7:15, we take you live to our washington, d.c. bureau, about the controversy, the outcry from house speaker john boehner that led to that date change. 7:06, muslims in new york are calls it a case of islam- aphobia. >> they were pulling me, i had

to call my brother-in-law and my husband. >> 15 people were arrested after a scuffle with police at an amusement park, including three women. it began when at least one woman argued with a police officer about a head scarf ban on rides. witnesses say that escaladed into a scuffle when the officer pushed her to the ground, and several men jumped in to help her. >> four to five people arguing in the crowd. it then sparked a fight amongst the patrons. when police intervened for their safety is when the two seasonal park officers were hurt. >> officials say they only ban head gear and scarfs from some rides for safety reasons. they could get caught on something and cause strangulation. the court is set for a court battle over don't ask

don't tell. the group says a ruling is needed, because several republican presidential candidates have said they would resurrect don't ask don't tell if they're elected. come september 20. gay and lesbian military members will be able to openly serve. time now, 7:07, the san francisco superior court announced an emergency funding deal. one that could reduce the number of closures and layoffs planned. this deal with state administrators would give the court $2.5 million. that would reduce staff layoffs from 177, to 75. it will also allow 11 courtrooms out of the 25 scheduled to close to stay open. this move still has to be approved by san francisco council at a meeting next week. we want to check in with sal on this thursday morning, september 1. right now, things are doing pretty well.

we are getting some of the crowded conditions. yesterday, i was speaking with someone who told me, and this is a good theory. people are going back to school, it take as week or so, for things to shake out, as the schedules are being adjusted. right? so let's go out to the live pictures and show you highway 24. most of these commutes are a little busier than normal. people will adjust their times, so they're not in such slow traffic. westbound bay bridge, backed up for at least 15 to 20 minute delay getting to the toll plaza. also this morning, we're looking at the commute here on 101, and 280 on the peninsula. the traffic looks good across the bay. we have slow traffic, southbound 880 approaching the alvarado exit. livermore valley, not looking all that bad. we had earlier problems near the altamont pass, that have been cleared up. so you will see slowing there.

680 from danville, all the way to pleasanton, looking nice. 7:09, let's go steve. inland, a chance of warm up. there's still a lot of fog on the coast, even though it's getting squashed a little bit. the inland techs will warm -- temps will warm up. some easterly breeze, not making it to the coast yet. maybe a little later. i think we'll have to deal with some fog here for a while. patchy fog in the morning, but it will be warmer. clearing skies tomorrow, it does look better as we get more of a northerly breeze. it will be better as we head into the long holiday weekend. it does look cooler. still mild to warm. i think the fog starts to come back. some of the lows this morning are really cool for the first of september. fairfax, and napa airport both at 46. a lot of reports of 49 degrees

near santa rosa. also windsor, if you thought, man, a chill out there, yeah, there is. 49 at the napa airport. mid-50s at concord. livermore, 54. mountain view, 55. san rafael at 51. southeast 12, san jose. a little breeze there. the system that dropped our temps a few degrees, it wasn't a big cool down will be replaced by high pressure building in the northeast. that's no, sir something we've seen all summer long. it's mainly been in the southwest. but september, usually can be some of the best time for weather along the coast. this time of year, september and october. the cooling ends inland. the coast will probably still be in the 60s here, low 70s. warmer weather will kick in today, then also tomorrow.

morning fog, some of it could be rather thick with a northerly breeze. for many it will be warmer. for others it will be a slower process. 60s, 70s, 80s, and 90s now. 93, brentwood, oakley. 76 downtown. oakland, 80 at hayward. 84 san jose. that's 4 warmer than yesterday. fremont, 82. sunnyville, 83. a lot of low, to mid-80s. 60s, still on the coast, and also in the city. lows in the city range from 53 to 58. there could be a big spread there. warmer on friday. for the long holiday weekend, with your weekend always in view, saturday looks warmer and cooler sunday, and monday. it is 7:11. why date night might become a little more complicated for parents, if the so-called babysitting bill passes in sacramento. also, leaving california, that's what the largest publicly held company in

sacramento county is threatening to do if legislators don't pass a certain bill. how a charred forest near lake tahoe is helping more veterans train for some much needed jobs. with at least eight grams of whole grain and a good source of calcium. look for the white check on the cereals they already love... like cinnamon toast crunch and lucky charms. help them grow up strong with general mills kid cereals. ♪

all right sunny for many. that means temperatures will be warming up inland. still a lot of fog on the coast. there it's going to be a little tricky. the inland will see 80s, to low 90s. 7:14, republicans in congress are forcing president obama to delay his job speech next week. ktvu's alison burns is in our washington, d.c. bureau to talk about how a simple scheduling issue has turned into headline news. >> tori, it is another sign of the discord and tension between the white house and house republicans. new this hour, the president

spokesman just said house speaker john boehner initially raised no objections to the president's speech request. the last time the president addressed a joint congress was for his state of the union address. he wanted to do it next wednesday to lay out his jobs plan. that is the name night as a republican presidential debate. john boehner told the president, the time would not be logistically feasible, and michele bachmann is mocking the president's scheduling attempt? >> does this show me is a little insecurity on the part of the president? either a, he wants to distract the american people, so they don't watch him, or b, he doesn't want the american people to hear what the next president of the united states is going to say about the president's job. >> reporter: now president obama has agreed to move his speech to thursday night.

white house aides say they will schedule it to start before the nfl game. the largest publicly held company in sacramento is threatening to leave california, and take 200 corporate jobs with it. ron middlestat runs waste connections. he says he's considering a move to texas. the bill would prevent cities and counties from limiting the amount of trash that a private landfill in their jurisdiction can take in from other cities. >> certainty, when making investment decisions on purchasing facilities, hiring employees, and making commitments to customers. >> yesterday, assembly woman mob pulled the bill, putting it on hold until next year. critics say it will allow them

to ship garbage to other areas, instead of recycling it. at&t is planning a rare legal challenge of a federal justice department decision. the government said at&t's plan to buy t-mobile would reduce competition and could drive up prices. however, at&t will have to pay t-mobile $3 billion give up some of its wireless spectrum if the deal does not go through. legal experts say this will be one of the biggest antitrust showdowns, since oracle decided to buy people soft. state lawmakers are working on a so-called babysitting bill that will make it harder to hire domestic help. the bill would require any nonfamily member hired to work in the house who is over the age of 18 must be paid minimum wage. also a substitute worker would be available every two hours to cover rests and meal breaks, and parents must provide

workers compensation, overtime, and a pay card. a time card, and paychecks. it's already passed the assembly, and is now in the senate. it seems some state parks slated for closure have found a way to stay open. yesterday, the senate passed a bill that would allow nonprofits to run some of the parks. so far, there are two parks that already have operating agreements with nonprofits. a parks and recreations spokesman says these deals will be a complicated process, but a creative solution is needed to save the parks. time now, 7:18, veterans are playing a big role in restoring an area that's been devastated by wildfire near lake tahoe. it's part of a federally funded jobs program. it's called the veterans green corps. veterans are clearing down trees and clearing brush where the angora fire burned in 2007. john gallagher who served in iraq is among those training for a career in forest service. >> i was an infantryman, so i

didn't have a lot of job skills that could transfer over to civilian life. >> it may take at least three more years to restore this particular area. the hope is that the veterans turned foresters can help make that happen. 7:19. the family of a man killed in a recent debtly boating crash on the san francisco bay has filed a lawsuit. ming trong was tossed into the water on august 3, after his boat collided with a yacht. the family blanks the yacht owner. police say they did not find any sign that alcohol played a role in the crash, but results are pending for a sobriety test given by the coast guard. the yacht owner was reportedly sued in 2005 for another boating crash by a passenger who claimed the owner was under the influence. a tough story to talk about, a mother accused of an unspeakable crime. what led to the violent deaths of her two children. a tale of two wars. the difference last month

between iraq and afghanistan. good morning, if you're driving into the west valley this morning, you will be facing just a little bit of slow traffic on some of the familiar routes. tell you what those are. state farm. this is jessica.

hey, jessica, jerry neumann with a policy question. jerry, how are you doing? fine, i just got a little fender bender. oh, jerry, i'm so sorry. i would love to help but remember, you dropped us last month. yeah, you know it's funny. it only took 15 minutes to sign up for that new auto insurance company but it's taken a lot longer to hear back. is your car up a pole again? [ crying ] i miss you, jessica! jerry, are you crying? no, i just, i bit my tongue. [ male announcer ] get to a better state. state farm.

welcome back, time 7:22. a philadelphia woman in custody for the stabbing deaths of her 8-year-old son, and 12-year-old daughter. the children's bodies were found by police yesterday, while responding to a disturbance call. they had been stabbed several times. the woman, originally from cambodia, moved to the u.s. with her children about a year and a half ago. >> hoped to see them grow up, and reach the opportunity in the united states. it's unbelievable here. >> police say the mother tried to take painkillers, trying to take her own life, but she survived. she was released from the hospital this morning, then turned over to police to face

murder charges. it is 7:23. perhaps the sign the situation in iraq is improving before the u.s. pull out is there. no american service member died in iraq in august. this is the first month there are no casualties since the u.s. invasion in 2003. by contrast, 66 service members died in afghanistan in august. the worst month ever for that war. a total of 4464 american troops have been killed in the iraqi conflict since it began. our time now, 7:23. let's get you to where you need to go, sal. is it busy out there? >> it is, right now we have slow traffic, driving to the bay bridge. this is the incline section of the bridge. a backup on the toll plaza as well. also, a backup on the span. when you get to san francisco, you will see just a little bit of slow traffic here and there. driving into the city. also, southbound 101, kind of

curious, we have a little bit of a slow down at the ups building. nothing major, but it is there. this morning's commute, on the altamont pass, patterson road at tesla, a two car crash. on the freeway, it does look okay. on 680 southbound, there is a major accident involving four vehicles. one of them is leaking fuel. the crash has been moved to the center divider. the traffic is backed up already for at least a mile and a half. 7:24, let's go to steve. inland, mostly sunny, there is fog especially toward the north bay, where it's been a cold morning in some locations. cold and foggy with 40s. some of that fog is getting closer to the deck. inland, already in the sun for many. there are signs it will warm up. the sea breeze has really collapsed. we have a lot of upper 40s, now, low 50s, santa rosa.

southeast 12 at san jose. only a west-southwest 8 -- the sea breeze is nothing compared to what it was a day ago. the system responsible for our cool down is moving off east, and high pressure is moving in. it's been a tough couple of days, month, for the coast, but it does look a little better today. inland, i think takes the most of the warm up today. tomorrow does look better, even for the beaches. fog, sun, and temperatures on saturday look all right, cooler on sunday and monday. it is 7:25. a bay area lawyer accused of sexual assault. the videotape that could turn this case upside down. in berkely, a tree sitting protest. berkely police, however citing homeless on the street. we'll tell you if there's a connection. also this morning, very important court hearing tied to

the san bruno pipeline disaster.

it is 7:29. there's a new tree sitting protest in berkely. a man is perched in a tree in people's park this morning. live in berkely, with the motive behind this latest protest, and some other activity going on there.

good morning. >> reporter: good morning, tori. behind me you can see berkely police officers coming this way. there's a van shielding them now. you see them coming this way. the officer told me, they have to cite the homeless for obstruction of the sidewalk. that is different than what is going on here at people's park. there's a person in the tree. his name is moon shadow. protesting at boditch, and haste. this morning, he woke up to us, putting a microphone in a bucket so we could speak to him on camera. he's been there since sunday night. uc berkely police told me this morning, he's a trespasser, he's got to come down, or be cited. the man said police have been here sometimes twice a day to get him to come down. he said he's protesting 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 they could use to build a museum. >> reporter: the sentiment of moon shadow is not unanimous among people living in people's park. some told me the attention he's getting is unwanted. they say that brings police around, and makes their life more difficult. there's not definitely unanimous consensus about what's going on now, as we continue to look over here. what berkely police are doing over there, is a little different however, this also is due to complaints by neighbors, so berkely police also out here this morning. but the initial plan for the protest here is to bring attention to the homeless problem, and certainly, it's done that. reporting live in berkely,

kraig debro ktvu news. the tires on more than 60 cars were slashed in the south berkely neighborhood. and police patrols are increasing. cars were targeted along 17 blocks momently on california -- mostly on california street. we did find one man who just moved to the area, look forgot a job, only to find his rental truck damaged. police say they know who they're looking for, and an arrest could be made as early as today. despite the recent tire slashings, the crime rates are down in berkely. they looked at rates between january and june this year. they say overall, robberies, assaults, and homicides went down 4% during that time. crimes like burglary and theft dropped by 16%. a bay area youth pastor is in court today. charged with having a sexual assault with a girl from benicia who is one of his bible

study students. police say the girl is under the age of 14. the parents contacted the police after finding suggestive text messages on her control phone. the pastor faces several serious charges, including committing lewd acts on a minor. a discovery bay town councilman may be facing charges for domestic disturbance last saturday. debs arrested brian day -- deputies arrested brian dawson for a physical confrontation with his wife, and for ripping a phone out of the wall. he was released sunday on $20,000 bail. law schools are no longer a guaranteed path to six figure jobs at top firms. applications to law schools have dropped nearly 10% nationalwide, amid the worst job market for new lawyers in 15 years. typical students also rack up $100,000 in debt. there is now more calls for schools to provide more

accurate job placement data. some disenchanted students are even suing law schools. more than half of california's schools continue to show improvement. many are labeled as failing by the federal government. a record 49% schools met or passed the index target of 800. that's un3% from last year. but the no child left behind act formula, put more than 900 schools in a failing category called program improvement. california's school chief calls the formula flawed. time now, 7:33. former san francisco mayor willie brown says he's making no apologies for his strong support of mayor ed lee. brown's office says brown's considerable political clout is a major plus for anyone running for public office.

critics say brown is pulling the political strings in the ed lee campaign. there will be another very important court hearing today tied to the disaster in san bruno almost a year ago. many homeowners who sued pg and e over last september's pipeline explosion and fire, hope to get a trial date. things may not go as quickly as they hoped. right now, the lawsuit involved more than 300 plaintiffs. the judge is hoping to consolidate, and simplify their claim against pg and e. we'll have coverage of everything on our 5:00 and 6:00 p.m. newscast. proof that contradicts the claims from one of the women. robert michael hoffman has been in custody since three women told police he raped them after they responded to his

craigslist ads. yesterday in court, hoffman says he has videotape from one of the women that proves the sex was condition sensual. he said the women knew what they were getting into because of the ads, that specified rough sex. the postal service consolidation is reducing the number of mail routes from 67 to 55. delivery times could also change from early morning to late afternoon. and in another sign of the times for the postal service, the internet is replacing the traditional blue corner mailbox. there were nearly 400,000 such boxes across the country in 1985. but the postal service has since removed more than 60% of them. more americans are emailing friends, instead of sending letters, and paying bills online. san francisco has removed more than 800 blue mailboxes in the past few years. time now, 7:36.

the san francisco animal shelter is making it a request to people who find lost dogs. the shelter says they have extreme dog overcrowding right now. until they have room to accommodate more animals, they're asking anyone who picks up a stray dog to register that they found the pet, and temporarily house those pets until the shelter has more room. the shelter is hoping to free up space by reducing the adoption rates by 5% through december 12. this is decision day for netflix customers. stay tuned, ktvu's pam cook will explain this controversial price hike coming up for you at 7:45. tropical storm katia has now reached hurricane strength and moving across the atlanta. this is now about 1800 miles east of the leeward islands, and headed towards florida. forecasters say the wind speeds

have topped 75 miles per hour. right now, it's still too early to tell if hurricane katia will threaten land. but the hurricane center of miami is warning people to be on the alert. we're talking about katia, a lot of folks back east are still having to deal with irene. flood waters from irene are starting to recede. thousands of people are still homeless, and even more are still without power. reporter david lee miller is in patterson, new jersey, where president obama is expected to tour some of the worst damage. good morning, david. >> reporter: good morning. patterson is the third largest city in the state of new jersey. this is a city still reeling from the massive flooding from the river behind me. we're going to pan uptreatment, and let you see for yourselves what is happening here. the current here still overtaking this bridge that crosses the passic river, this is now a city that is largely divided. some 11 bridges that cross in the city of patterson.

we're told all but one of them now is impassable. as we continue to pan, there is some good news. you can see off in the distance, a chicken restaurant and you'll see this chicken restaurant has a for sale sign. we've been keeping our eyes on this seen. just yesterday, we couldn't even read the phone number on it. now, clearly the waters have started to recede. as have all the rivers in the state of new jersey. still, there's an awful, awful, awful amount of water that is here. we'll pan more to the right. you can see here that there is a bridge only yesterday that was covered with water. the situation today, dramatically different. the water has receded, but the bridge is still not passible. we're told it's not safe. there is a barrier set up, there are state police you may not see out of camera frame, that are here to keep people from crossing this bridge. folks here hope by the weekend, by sunday, the flood waters will be gone, and that as you mentioned, is the same day that

president obama is expected to tour. he will probably not see the flood waters, but he is going to see a great deal of damage. you have to be mindful that the water behind me has a great deal of sludge and sewage. and a cleanup that will cost hundreds of millions of dollars. >> i'm curious if it's hot and humid, and people without power wouldn't have air conditioning and that would make it very uncomfortable, obviously. >> reporter: it is a beautiful day here in new jersey. sadly, very few people are really able to enjoy it. there are still hundreds of thousands of people that do not have power. interestingly, they do not have power for two reasons. the downed trees knocked out power lines. reason number 2, authorities have cut off power, because people that want to go into

their basements that are flooded, run the risk of electrocution. entire blocks have to go without power and that compounds the misery of the people suffering here. not just in patterson, but throughout the entire east coast. all right, our time now 7:40. let's check in with sal. >> reporter: right now, we're looking at the roads, and things are beginning to get a little bit busier. looking at contra costa county. concord, 680, slow traffic coming from antioch and pittsburgh to bay point. heading down to oakland, you can see traffic is going to be busy for almost the whole stretch. then the san mateo, and done barton bridge, getting into the silicone valley, you will see traffic going to be busy, especially on 880.

very slow, from an earlier crash. a lot of it's going to be slow traffic you have to deal with in hayward. live pictures now. you can see traffic approaching the bay bridge. looks pretty good into san francisco. moderately heavy. a delay at the toll plaza of 50 minutes before you pay the money. this morning, downtown stop and go traffic, getting up into santa clara, cupertino, and sunnyvale. we already have sun for many inland areas. cold readings this morning, especially toward the north bay. a lot of fog still on the coast. we need a north wind to wipe that out. there are already signs the sea breeze has been cut in half, if not more so inland. inland temps, buy into that. the coasts, we're going to have to wipe out some of that fog. right now, rather solid. now patchy around the bay.

but mostly solid on the coast, even though it's getting shallow, that's a sign that high pressure is building in. clearing skies look to be on the weather menu. the weekend will be nice. but a little cooler, towards sunday and also monday. fairfax, and napa, and kenwood all came in at 46 cool degrees. santa rosa, numerous reports of about 48, or 49 near santa rosa. along with windsor at 49 degrees. 54 now napa airport. they made it down to 46. an 8-degree spread in an hour and a half. mid-50s, here for almost everybody. a few upper 50s. santa rosa, and san rafael at 50, and 51. rather breezy towards san jose. the system is starting to topple over, something that has

not happened for a long time, high pressure building into the pacific northwest. it's like clockwork for september. the cooling that we had for a couple of days is now over. warmer weather inland will start to pump its way in. by the coast, i'm not sold on it yet. warmer air begins to work its way in. 80s and 90s for some, still 60s and 70s, closer to the waters edge. low 90s, morgan hill, gilroy. san jose, 84. 82 in fremont. san mateo, upper 70s. 60s on the coast. still some of that fog keeping temperatures in check. sunny, warmer on friday. then saturday mostly sunny, the fog starts to work its way

back. sunday, monday, tori look cooler. thank you steve. 744, breaking news, a new statement has just been issued by moammar gadhafi. what he's saying about tribes loyal to him. and the washington monument, may have more earthquake damage than originally thought.

taking a live look at the big board on wall street. numbers are up. fixed mortgage rates stay flat. just above low, and general motors up 18% year on year. gold is down slightly to 1817

an ounce. right now, the dow is up 32. s & p is up 1.5. fewer people filed for first time unemployment benefits last week, 409,000 people filed claim, that's 12,000 fewer than the week before. continuing claims are also down slightly. the unemployment report for all of august comes out tomorrow. time now, 7:47. starting today netflix customers will pay for more for their movies, unless they change their service. pam cook is in our newsroom to tell us why, and who can benefit from this. >> today, rates go up for most of netflix subscribers unless they make the change to dvd by mail only, or streaming only. until now, customers paid one price, whether they watched the movie on a dvd, or streamed it on their computer. this allows for more flexibility for customers.

netflix hopes the new pricing structure will mean more money for the company. about 10 million use only the dvd option. their bill will actually go down a bit. for people who enjoy having both options and they want to keep it that way, rates will increase by nearly 60%. analysts say the move could mean frustrated customers will turn to our companies, such as red box, which offers overnight rentals at grocery stores and other kiosks for about a dollar a day. analysts this morning are saying it's a wait and see how it will affect the company in the long run. reporting live in the newsroom, pam cook, back over to tori and dave. another east coast aftershock reported overnight. it was a magnitude 3.4, and hit just after 2:00 a.m., near mineral, virginia. that's the same area hit by a

5.8 magnitude quake last week. more than 20 aftershocks have been reported since then. there have been no reports of damage or injuries this morning. the washington monument may have more damage than previously thought. it's still enclear when -- unclear when the monument will reopen. a libya tv station reported that moammar gadhafi is refusing to surrender. also, gadhafi reportedly set a warning to rebels that his supporters are still armed. all of this comes as international leaders meet today in paris about the future of libya. secretary of state hillary clinton is expected to announce that $1.5 billion in gadhafi assets will be distributed to the rebels to stabilize that country. it is 10 minutes now before 8:00. doctors warn kids are trying to

get high on cough syrup. what the state is doing to try to prevent, the so-called robo tripping.

welcome back, time now 7:52. look at these pictures. they're out there trying to save 11 stranded dolphins. two other dolphins have already died. no one knows why they beached themselves yesterday afternoon. the rescuers are hoping to take care of them, and them set them free again in normal waters. 8 minutes before 8:00. today the city of san jose is launching a 60 day amnesty program for people with unlicensed pets. during this time, dogs and cats can be licensed with no citations, late fees, or

penalty from missing vaccines. everyone who renews, or buys a license will be entered into a lottery to buy cash prizes. all san jose residents are required to license their dogs and cats. the grape harvest is finally underway in the napa, and sonoma valleys. this year's harvest comes about two weeks late because of the cooler temperatures. some of the wine makers say the yields could also be lighter because of the late season rain. parents who catch a cold can no longer send their child down to the drugstore to buy a bottle of cough syrup. governor brown signed a bill that made it illegal to sell drugs to children.

some are using robitussin -- scott mcclain says he was injured during the filming of this car chase through the streets of bangkok. he played ed helms stunt double. he said he has suffered permanent brain damage, and physical injuries. a state from warner brothers say they are working with mcclain to resolve the issues. it's a guinness world record career for a phantom of the opera performer, who is calling it quits. ♪ [ music ] >> 68-year-old george andrews has performed in the opera more than 9,000 times over 23 years. he's played a number of roles, but is now performing as missier andre. the person replacing him

happens to be his son-in-law, which is very convenient. >> the music of the night. time now, 7:55. you've got the chopper working, what's going on? >> we're looking at traffic. walnut creek and pleasant hill. looking at 680. news chopper 2 flying along there, you can see the bart tracks in 24 looks pretty good. as you drive up to the cull decot. this news chopper moving quicker than any of the cars could. there's the bart station. that's pretty cool, i think it's like 120 miles per hour. let take a look at the westbound bay bridge. traffic is going to be moderately heavy here. backing up at the toll plaza. the biggest traffic jam right now is in hayward.

let's go to steve. sal, thank you, sir. sunny inland, but we have fog on the coast. there's a lot over there. i don't think it's going to matter that the inland temps will warm up. i think it's a whole 17, they buried the dump truck on the green, is that right, nelson? that's a great hole. i think 17 there at diablo creek. as my buddies said, they buried a dump truck there, that's why it's so hard. don't let it roll. temperatures in the 50s and 60s. 58 mountain view. a lot of 40s, and really cold readings in the north bay this morning. the wind is nothing. no delta breeze at all, a little breeze toward san jose. the system that dug in gave us a cool down, now moving out of the area. we should see a north wind. there is already signs of that, not making it to the coast yet.

i do expect that fog to burn off today. there's a lot out there. 60s along the waters edge. 70s, 80s, and low 90s inland. it does look warmer friday. cooler sunday monday. 7:57. surf is up on california's beaches. what's behind the big waves expected for this holiday weekend? the a case that involves two teenage boys. coming up, we'll tell you why a veteran san jose police officer spent the night behind bars. live in san francisco, we've just spoken to police regarding a surge in violence and gang violence in the mission district. we'll tell you what they're saying coming up.

good morning, welcome back to mornings on 2. i'm tori campbell. >> i'm dave clark. it's thursday, september 1. claudine wong live in san jose right now, investigators want to know if there may be more victims. >> reporter: good morning, dave, this 44-year-old veteran

officer is free on bail this morning. but he did spend at least part of the night here at the santa clara county jail in san jose. this morning, at 1:42 he posted bail, and was released. this investigation is still continuing, and police are still looking for any other victims. he is a 17 year veteran with the department. he's been with the patrol division. but the mercury news is reporting, he was also a school news officer at leeland high school from 1996 to 2007. he was booked into the santa clara county jail yesterday afternoon after the grand jury handed down an indictment on three different charges. this apparently began a few years ago, when police looked into reports that he was having parties at his home with teenagers and alcohol. recently, a witness came forward. >> right now, what we can tell you is that the allegation

falls under 288. there's a multitude of different lewd acts that follow under that section. we can't discuss the specific nature of the charges. we can confirm there are at least three charges, there are at least two victims. >> reporter: d'arrigo has been in trouble before, he was involved in a botched dui investigation involving another officer, but it was overturned, and he was put back on the streets in january. the victims in this case are young, and these are sex crime charges, however, gilroy police say we should expect more information in the coming days. 8:02. if you spent some time in san francisco's mission district, and you think you're noticing more police security, it's not just your imagination. joining us live to explain the

reason behind these extra patrols. >> reporter: we're here at police headquarters, where we've just spoken to authorities. we have noticed extra patrols over just the past hour. now, flowers adorn this spot where a cook was shot and killed tuesday morning. the 22-year-old had just stepped outside the restaurant to have a cigarette. offenses say he was shot in the face by gang members in a case of mistaken identity. one neighbor who didn't want to appear on camera was still in tears this morning. she says she's lived in the building for 36 years and she's never experienced such a brazen act of violence so close. >> i'm shocked somewhat. it hasn't been any territorial gang rivals latly. to have this just come out of nowhere, it's a shock. especially for something right here. a good guy doing a good deed,

out of nowhere. >> reporter: police say they are cracking down on gangs even harder. >> the officers in the area are very familiar with the territories. where different gangs hang out, and so forth, they're trying to identify people and try to stop things before they happen. >> reporter: neighbors are infuriated. less than 24 hours after his murder, 29-year-old edison lakiah was shot and killed. it happened at 11:30 last night. his family say he was only steps from his front door. police confirm he had gang ties. it remains unclear if these shootings are connected. thank you tara. it is 8:04. oakland police are investigating another fatal shooting in a troubled neighborhood. investigators say a gunman

opened fire on a man sitting inside his car. there have been two other homicides in the same area in the past few months. one victim was a castle month high school senior who was shot to death, while riding his bike. oakland police need your help finding a missing woman who they describe as at risk. 41-year-old sabrina phillips has not been seen since july 24 in oakland. police say she may be suicidal. she has black hair and brown eyes. she has her mother's red honda civic del sol. if you have any information, you're asked to call oakland police. happening right now for the second time this year, firefighters are battling a

wildfire in the same lake texas community. in oklahoma city, hundreds of people have been evacuated from a wildfire there. firefighters are concerned the dry weather could reignite hot spots. but say the fire is mostly under control. if you're planning a day at the beach this labor day weekend, just be careful. the national weather service says watch out for big waves that could create dangerous riptides. the beaches that face south, including stinson beach, they are the most vulnerable. the swells are expected to peak tomorrow and saturday with 6 to 10-foot waves. speaking of big waves. look at this. hawaii is also seeing them. advisories and warnings are in place across the islands. some beach front residents say they're losing customers. the huge waves are keeping some

tourists away. a hayward man was killed after being hit by a boat while swimming in the new york river. he was in the st. lawrence river in upstate new york, when he was hit tuesday afternoon. police say he had tied a buoy to himself, so he could be more visible to boaters. however, the wind and the claire of the sun may have prevented the boatedder from seeing -- boater from seeing him until it was too late. the city had hoped to erect an elegant bike bridge across 101 at adobe creek. the span would connect residents to the baylands. the members of the planning and transportation commission say the city couldn't afford the $9 million price tag. commissioners are looking to simplify the project, or perhaps seen delay it. time now, 8:07. sal is watching the santa cruz mountains too. >> that's right, we like to

watch highway 17. just one thing can go wrong there. you can see slow traffic. and this morning, we do have slow traffic there as you come down to los gatos. it's not as bad as monday, when they had the paving mishap. 85 northbound to about 87 until you pass 17, it's slow. then slow again cupertino and sunnyville. the peninsula, highway 101 is very slow, especially at the 92 interchange. 280 looks pretty good across the bay from hayward to freemont. livermore traffic does look good on 580. after you get past the pass. 880 looks good getting up to the bay bridge toll plaza. past that, will you see traffic on the incline section. it will be okay here. 808, let's go to facebook.

why don't you go to the ktvu channel 2 facebook team. it's different from the regular ktvu site. the channel 2 news team has its own page. sunshine for many. fog still on the coast. lows this morning, very cool. a lot of mid-upper 40s, and low 50s. sure feels like fog in here. fog on the coast, and the not burning off yet. we'll go mostly sunny by this afternoon. around the way, any patchy fog will burn off fast. inland tempted should have no problems warming up into the 80s and even low 90s. the north bay took the brunt of the cooler lows. i expect that to burn off soon. more in the way of fog, than

low clouds. 61 at fairfield. that does not surprise me. their sea breeze has fallen off the table here. santa rosa, still says 50. that's probably an hour old. i think they're warmer than that. west-southwest 5. that is nothing for fairfield. vacaville, there are signs, no doubt about it. inland temps will warm up. along the coast, still a little fog and a westerly breeze. the system that was responsible for our cool down is finally moving out. high pressure, you can see it building in right there. as it does, it should give enough of a northeast wind. it may not make it south of the golden gate, but at least it will show signs of happening. the cooling effects are beginning to end, we'll see a warmer pattern for inland temps. i think we'll see that fog come back. it doesn't take much to get it going this year. morning fog, then sunny. some of the fog will be holding

onto the coast. 60s, to 90s. clear lake, ukiah, 94. some fog over san pablo bay. concord, pleasant hill. 89. walnut creek 88. 60s, 70s, closer to the bay. we'll warm temperatures up even for the santa clara valley. still too much fog for very much of a warming pattern by the coast. we'll keep temperatures there in the 60s. it does look warmer for everybody on friday. sunday, and monday, another cooling trend as the fog regroups. >> thank you steve. it is 8:10. rescued from a muddy bay area creek, a sad update though on this young sea lion. also, it's happened again. an iphone prototype lost in a bay area bar. the bay area -- a place with natural beauty and a forward thinking spirit.

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a little haze in the air toward san jose. but it will be warmer. we'll go 84 today. by the coast, still some fog. so 60s there. thanks steve, the time is coming up 8:14. white house counter terrorism chief says al-qaeda is on the decline, after the death of the group's second in command. al-qaeda's number 2 man was killed by a cia drone strike in pakistan last week. he also says u.s. intelligent

has detected no active terror plots as we approach the 10th anniversary of the 9/11 attacks. time now, 8:14, republicans pressured president obama into delaying his highly anticipated jobs creation speech next week. alison burns is in our d.c. bureau to explain how the house speaker pressured the president to change the date. >> reporter: president obama wanted to deliver his new jobs plan wednesday night, but that is the same night as a presidential debate. house speaker john boehner said no way. an address to congress is one of the grand symbols of the presidency. so democrats say boehner is showing disrespect to president obama by forcing him to reschedule. on the campaign trail, republican presidential candidate, michele bachmann is mocking the president's attempt at a speech. >> does this show me a little

insecurity on the part of the president? either a, he wants to distract the american people so they don't watch him, or b, he doesn't want the american people to hear what the next president of the united states is going to say about the president's job. >> reporter: president obama has agreed to move his speech to thursday night, and white house aides said it will happen before the start of the nfl season that same evening. reporting live from washington, d.c., alison burns, ktvu channel 2 news. amazon.com is making a job offer to california. they say they will open six new distribution centers in california. that could bring as many as 7,000 new jobs to the golden state. but in return, amazon wants an exemption for the state's new internet sales tax law until 2014. amazon has used that strategy

in other states. the california lawmakers say they are reluctant to give up the estimated $200 million in expected taxes for a few thousand jobs. it has apparently happened again. c net is reporting someone left an iphone prototype at a bay area bar. a c net reporter says a prototype for the iphone 5 was left in san francisco's mission district some time in july. that's after last year's case, where an apple engineer apparently left a prototype for the iphone 4 at a redwood city bar. some fans say it sounds like a publicity stunt. the report says apple has to do real world testing, before they can be released. >> you can't just walk around the cooper tee know campus and say, i think this works here, so this will work everywhere. >> the two men connected to the iphone 4 incident are scheduled

to be formally charged in that case today. sage wallower, and brian hogan are accused of selling that photo to a blogger for $5,000. a california law says anyone who finds lost property and knows who it belongs to is guilty of theft if that property is not returned. time now, 8:17. we've got a sad update now on a young sea lion rescued from a creek in east palo alto. veterinarians say the sea lion named verbena had to be euthanized after having a stroke. the police department in livermore is getting high marks for traffic safety. last month, they handed out commendations for their work on traffic, child, passenger, and motorcycle safety. the six member traffic unit enforces the law, but they also

coordinate children and adult education programs. the state senate has put a controversial insurance proposal on hold, at least for now, the bill would allow the state commissioner to reject, or modify proposed rate increases by health insurance companies. if it's passed by the state assembly, it did pass by the state assembly, i'm sorry, but still needs approval by the senate by next week. even if it does clear that hurdle, it still has to get the governor's signature. los angeles county detectives are refusing to return a stolen rembrandt sketch until they know it is authentic. the pen and ink drawing, entitled the judgment is worth a quarter of a million dollars.

the institute of hercules reported it stolen. several art experts say they have never heard of the work. new this morning. greek police have recovered a painting by peter paul reubens. it was stolen from a belgian museum in 2001. it dates back to 1618. time now, 8:19, a group that wants to bring a semipro baseball team to san rafael is planning a new pitch. they're going to scale back their proposal, they're hoping to win more community support. the group will only add a few extra seats to albert park. they'll operate temporary concession stands, and turn off the music at 9:00 p.m. in some of the earlier public meetings, neighbors expressed concerns about traffic, noise, and a rise in crime.

there's a new effort to save the nba basketball season. both owners and players say they're determined to play ball in the fall. >> we don't have any deadlines in mind. we just have meetings in mind, and discussions in mind. >> the two sides met yesterday for only the second time since the nba lockout started three months ago. neither side would say if they made any progress, but they have scheduled more meetings in the weeks ahead. nba training camp begins in just five weeks. all right, it is 8:20. outrage over a back to school t- shirt. how the controversy came to an abrupt end. a man stumbled into a small fortune. a lot of cash in his backyard. his honesty may pay off in more ways than one. good morning. look at 280 there, very, very slow, into the south bay. we'll tell you more about the slowest spot in this morning's commute.

jcpenney responding to a back to school t-shirt that is causing outrage. it reads i'm too pretty to do homework, so my brother has to do it for me. critics call that inappropriate, and sexist.

there is an online petition for pennies to remove it from the store. by noon time, it was no longer on the website, and penny's, issued an apology. the illinois man who found $150,000 in his backyard now has a shot at keeping that money. the man spotted the bag on monday. at first, he thought it was trash, but after he looked inside, he realized it was money. he thought it would be better if he did not keep the cash. >> did you think for a minute i could seep this, and nobody would ever know? >> i thought that, but who knows who is coming to get it. i didn't want to have nothing to do with it. i figured with my luck it would be a bank robbery, and i would be caught and they'd say i robbed a bank. >> if it is determined the money is not stolen, the money could go back to the man. time now, 8:25. let go back to sal.

you're busy watching our commute. >> reporter: a look at the four bridges at once, that we normally check. the bay bridge, you can see traffic looks good. san mateo, and done barton bridge moves well. richmond traffic, driver to or from marin county, there's a backup. and on the golden gate bridge, there is a little fog, but the traffic looks good. i want to show you a map here of the 680, very slocuming from concord to pleasant hill. slow traffic all the way down to danford. give yourself extra time. >> reporter: sunshine for most inland locations, some thick fog. looks like from port rays northward. a lot of fog on the coast, even though it's very shallow, it should burn off. still 50 at santa rosa. most locations in the 50s, or

low 60s. fairfield at 61. their sea breeze has collapsed. they'll be warmer. a north wind at vacaville, at 5. it looks like inland temps will warm up today. it might be a slower process at the beaches. there will be 80s, and low 90s away from the coast. temperatures mid-80s. santa rosa, napa. livermore, antioch, sitting in the low 90s. by the coast, too much fog, and not enough of an onshore wind. saturday, looks pretty good. cooler pattern on sunday, an monday, dave. time now is 8:26. we'll take a quick break and be right back.

welcome back, time 8:29. police say a recent rash of shootings may be related. an 18-year-old man was shot outside of a park restroom yesterday. another man was shot yesterday in a store parking lot. on tuesday, a 20-year-old salinas man was found shot to death outside an apartment. last saturday, a 24-year-old salinas man was shot and killed while celebrating the baptism of his daughter. a coast guard search is happening now for an unidentified swimmer who disappeared off the coast of southern california. was last seen in seal beach in orange county. a high surf advisory is in place right now in southern california, because of dangerous riptides. the high tides also blamed on flooding in southern

california. a 6-foot tide flooded streets and closed two parking lots. the search left pools of sea water and sand behind. the crews have since pumped out most of the water. they also built a sand barrier. the national weather service says those large swells are making their way up the coast. they could create some dangerous conditions on beaches here in the bay area this weekend. in just over an hour, animal rescue crews are hoping to capture and treat ducks. yesterday, this is what we found. a duck with a 6-inch blow gun dart through its head. this is at the marina plia apartments in santa clara. residents say as many as five birds have been pierced with those darts since last week. one of the ducks was shot several times and later died frommity injuries.

it is 8:31. a united nations investigator says he has not heard back from the u.s. over allegations american troops executed iraqi civilians, and then tried to cover it up. wikileaks posted the unclassified cable last week. the note discussed a 2006 incident in a central iraqi town. u.s. service members are accused of handcuffing, and shooting at least ten civilians, including an elderly woman, and a 5-month-old baby. the pentagon has yet to comment on the allegations. an orange county computer hacker will be sentenced today in what police are calling a sextortion case. they say she tapped into the computers of more than 100 young women and girls. he read their emails, watched them through web cams and captured nude photos of them for a year and a half. prosecutors say he also

threatened to post the images online, unless his victims provided more racy photos or videos. they're asking for a seven year sentence. time now, 8:32. there is still no official word on what was inside that very suspicious package that sickened three people at an illinois air force base. three people were taken to the hospital. they were treated for rashing on their body. so far, the tests haven't been able to pinpoint the source of their illness. former president bill clinton is coming to the bay area. he'll be in richmond next month. he's scheduled to deliver a keynote speech at a community health summit sponsored by the bay area monitoring district. this was on october 21. his speaking fee is $150,000. district officials say they're confident, they'll be able to raise that money. budget cuts in washington are starting to filter down, more than 100 bay area kids are

now feeling the pinch. at the end of this month, funding will stop to the big brother big sister program. that will leave kids with incarcerated parents on a waiting list. a simple connection can change a child's life. >> these kids seek attention, and they're going to seek attention from whoever it is. whether it's a gang member on the basketball court, or a big brother who is showing up, and saying i care. >> officials are appealing to the public for help to keep the program going. for more information on the big brothers, big sisters program, go to ktvu.com. scroll down the front page, and click on web links. today, the caltrain board is scheduled to sign on with a new operator. they're taking a more expensive

deal. the board ask expected to sign a nearly $400 million deal with missouri based transit america. but this deal will cost them $24 million more than a bid by a different operator. caltrain's board says the more expensive contract will provide better service for riders. time now, 8:34. let's check in with sal. doesn't look like a pretty picture town in san jose. >> yeah, it's pretty slow. 280 northbound is getting very slow coming out of downtown, and getting up into the valley. so is 85. so is 101. i guess the only bright spot we can say is a lot of people are going to work, or they're going somewhere. a lot of people going to school. these few weeks, always very tough as people get adjusted to their back to school lives. let's go out to the bay bridge toll plaza. traffic looks okay, coming into fran. again, i want to mention how terrible it is, traveling from

walnut to concord. still slow in antioch and pittsburgh. 8:35, let's go to steve. thank you, sal. fog on the coast, but around the bay, and also some inland. kind of hit and miss. most inland locations, at least seeing sun already. today does look warmer away from the coast. there's still a lot of fog on the coast. even though it's shallow it's there. we're not getting the strong north-northeast wind yet. clearing skies though, later tomorrow looks even warmer. the north wind kicks in, and maybe gives us enough of a push to get rid of all the fog. the weekend does look a little cooler, still nice to warm. i think that fog will come creeping back. 61 already in fairfield. 50s, santa rosa. obviously fog popping up in the north bay.

even made it over san pablo bay. even though it's thin, it did make it. 57 san jose. did have low clouds. not much of a breeze at all. it will be very warm. upper 80s, low, maybe a few 90s at vacaville. there's still a little puff of a breeze closer to the coast. that system that's moved into the pacific northwest, cooled us down for a couple of days. that's moved out. the cooling ends, at least away from the coast, there's still fog on the coast. as long as that's there, it's going to be a tough process to get much warmer than 60s, or very low 70s by the beaches. maybe tonight, we can get rid of some of that fog. a north breeze trying to take shape. so far, not making it really at the surface, expect if you're out towards the valley.

60s, to 90s. san rafael. 92. livermore 90. alameda, 70. berkely, 72. some 80s, on a lot. mid- to upper towards san jose. morgan hill, san martin in gilroy. san carlos, menlow park, all low 80s. 78 san mateo. still 60s on the coast. more the same on saturday, then dueler weather sunday and monday. -- cooler weather sunday and monday. top officials for the united nations have gone to somalia to see for themselves, the famine, and drought crisis in that african nation. millions of sow mal januaries -- somalians are in need of food and water. the u.n. believes millions of people will die of starvation, if more aid does not come. more than 29,000 children under the age of 9 have died in the

past three months. nearly a million somalian refugees have escaped. time now, 8:38. the united states wants to get the space junk out of the united states. there are millions of pieces of debris up there in orbit, left behind by space shuttles and apollo missions. they pack enough kinetic energy to knock out satellites. the air force is working on a new multibillion dollar radar system. maybe that will help out. the current detection system dates back to the 1960s. monitoring space junk will be a lot easier than actually getting rid of it. venus williams pulled out of the u.s. open. she's 31 years old. suffering from an autoimmune disease. one that affects the production

of her tears and saliva. it also causes sharp pain on her giants. that condition effects 4 million americans and most of them are women. it is 8:39. we just spoke to the politician behind the bill that could make many think twice about hiring a babysitter. the undercover video that helped convict him. he posted bail early this morning. coming up, we'll tell you what's coming up for the bay area police officer facing charges involving two teenage boys.

taking a live look at the big board on wall street. numbers have been fluctuating between positive and negative right now. light trading. a lot of investors out of town ahead of the labor day weekend. some economic news coming in this morning. fewer americans filed claims for jobless benefits last week. u.s. manufacturing also unexpectedly grew in august. the nasdaq flat, s & p grew slightly. the fuel efficient cars

like the chevy cruz continue to be popular with consumers. gm says one in every ten cars it sold in august was a cruze. nissan says its sales rose 19%, with consumers buying the altima. people with get free advice on polishing their resumes. today's career fair runs from 11:00 a.m. to 2:00 p.m. at the marriott near the san francisco airport. time now is 8:43. let bring up up to date. police activity in pleasant hill. about an hour ago, dozens of

police officers swarmed the summer field hotel. we learned this incident is connected to a carjacking and a kidnapping late last night. we'll keep you posted. san francisco police are increasing patrols in the mission district, this comes after two gink related shootings in just 24 hour -- gang related shootings in just 24 hours. president obama has changed the date of his job creations speech. house speaker john boehner object the to the original date, saying it conflicted with the republican debate. an officer is facing serious sex crime charges that involved teenage boys. claudine wong joins us live from san jose. >> reporter: we just got off the phone with the santa clara county court. they confirm this veteran officer will be in court at

10:30 tomorrow morning. he did spend the night in jail. at least part of the night. he was arrested yesterday afternoon. seven hours ago, he posted bail and was released. patrick d'arrigo is a 17 year veteran. he was also a school resource officer at leyland high school from '96 to 2007. he was booked into the santa clara jail yesterday afternoon after a grand jury handed down an indictment on three different charges. gilroy police were looking into reports that d'arrigo was having parties at his home with alcohol and teenagers. charges weren't filed until a witness came forward. this is not the first time he's been in trouble. >> he was a patrol officer from 1994. he was terminated at one point for a botched dui investigation

that was in the media. the decision was overturned by an arbitrator in december of 2010. in january, that officer hit the streets streets again. today he was taken into custody at 3:30. >> reporter: bail has been posted. da d'arrigo is free this morning. in the meantime, this investigation still continues. police say they are still looking for any other possible witnesses, and are asking anyone information to come forward. thank you. time is now 8:46. starting today, if you're a netflix customer, you'll pay more for movies, unless you change your service. telling us who is mad about this, and who could benefit. >> reporter: i've been talking with netflix customers this morning. i didn't have to go far, many are here in our newsroom, and

they're mad. until now, customers paid one price. now starting today, the two services are separate. if you want both, you have to pay more for that convenience. netflix is known for good customer service, but you can't call them. you have to deal with this online. if you enjoy having both options, your bill will go up by nearly 60%. you don't have to do anything. if you want one or the other, dvd by mail, or streaming, your bill will actually go down, but you do have to contact them and let them know that you want to change your service. netflix predicts about 10 million customers will move to one service. many saying they will be back, arguing there isn't really any comparable service that offers

as much as netflix. it is 8:48. controversy seems to be brewing over a proposal, every a proposed bill that involves babysitting. we just spoke to assemblyman, tom amiano, he says there is a committee discussing a bill that would involve better pay and benefits for help. there are online discussions amongst parents, confirmed it would affect a babysitter they might just try to hire for a friday night. police in vacaville mugged a woman out for a morning walk. they demanded her purse, which she gave to them, but during the attack, her neck was cut. she had surgery. she's recovering now. the suspects are wearing dark

clothing. they had hoods over their head. witnesses said they were picked up by someone in a white sedan. a 13-year-old petaluma boy is under arrest, accused of slicing the ear of another boy with a knife. this happened near kenworth jr. high school yesterday. the victim had to get stitches in his ear. the 13-year-old suspect was booked in juvenile hall on suspicion of assault with a deadly weapon and other charges. a mountain view man is in jail after being arrested for indecent exposure. police say a man called for a woman's attention, and then urinated in front of her. according to the woman, he also made kissing sounds and called her baby. police found him later in the parking lot at the park. they say he didn't appear to be drunk at the time of his

arrest. for the sixth time, the monterey bay aquarium has a great white shark at the aquarium. this video is one of the other great white sharks the aquarium has had on display. the monterey bay aquarium is the only one to house great white sharks and success. -- successfully return them to the wild. an update now from police on that lost iphone prototype. the reason there may be more to this story than meets the eye. plus, the undercover video that could have helped foil a plot at a hotel. ♪

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time is now 8:53. new this morning, there's a new twist to that report of an iphone 5 lost in a san francisco bar. the police have not been able to substantiate apple's claim that someone stole the prototype and left it at the kava 22 bar in the mission district. the security bureau with apple has been uncooperative so far. some speculative apple fans have been accusing the company

of making up the story of creating more frenzy or buzz. another tree sitting protest in berkely this morning. a man is camped in a 40-foot high spruce. >> reporter: there are a number of different reasons. one of the reasons is a rumor, or plans to develop part of the park. another reason is people around here feel like the local business district wants more security. the park which includes, security cameras. they don't want that. we did talk to the guy in the tree. his name is moon shadow. we talked to him this morning. he went up in the tree on sunday night. berkely police have been out here at least once a day, trying to get him down, and cited him for trespassing. that's one of the citations he could face for being up there. moon shadow told me, there are plans to develop part of the park, and he is against those

plans. however, his opinion isn't unanimous. i talked to other homeless out here, and they say by him being in the tree brings more attention to the homeless in the park. moon shadow is definitely against plans for the park. >> they've done some development. cut down trees across the street. and i'm afraid they're going to start cutting down trees here. they made a threat during last november, they wanted to build a museum and a soccer field here. >> reporter: we know about the famous protest up at the stadium. another guy was up here about a month ago for three months. moon shadow says he will be here for quite some time, until these issues are met. they found being in the tree,

it's harder for police to get them down, as opposed to being on the ground, and holding a protest in the park, it looks like the tree sitting has become a tactic of protest here. a judge has sentenced a hotel owner to two years in federal prison. tiburon businessman, richard singer admitted to trying to pay someone to turn down two hotels he owned in oakland. hidden camera captured the moment singer paid the money. investigators say singer did not know he was giving the check to an informant who had already gone to federal authorities. time now 8:57. let quickly go to sal. >> we're looking at traffic still busy if you are driving in parts of the east bay, 24.

slowing up to the caldecott. san francisco, does look good getting to the downtown area. 80s and 90s, a lot of falk by the coast, so 60s 70s there. does look warmer on friday. your long holiday weekend, saturday should be mild to warm, and a little cooler sunday and monday. >> get to september, where we usually get a little heat wave. >> yes, but not the coast, inland. that will do it for us, thanks for watching everyone. >> bye now. f

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