just ahead, we'll be live at uc berkeley to see how a controversial bake sale is going. good afternoon. i'm tori campbell. we'll get to that story in a moment. but first, investigations areway following the death of a patient at an east bay medical center while regular nurses were knocked o ktvu's allie rasmus has talked -- were locked out. ktvu's allie rasmus has talked to replacement nurses. >> reporter: those nurses is a traveling nurse company based out of alabama. we caught up with some of those nurses who were hired. there's 500 that were hired by alta bates to replace those on strike. some of the nurses we talked to, the replacement nurses, told us they were shocked and

saddened about what happened to the patient who died over the weekend. several newspaper reports say that patient died after being given a nutritional substance directly by i.v. instead of being fed through a feeding tube. but the nurses we talked to with this company defended their credentials and their qualifications. >> of inurses' worst nightmare. it's a -- every nurses' worst nightmare. >> reporter: one of the nurses who did not want to be identified for fear of losing her job said she used to work at a bare hospital. she said she's kept her california nursing credentials since then and sutter health, which owns alta bates, flew her here and paid for her hotel stay, and that's in addition to her pay. >> i made about 4,000. some of us cannot get jobs back there. so we sympathize with the

nurses. but at the same time, i couldn't turn down an opportunity. >> reporter: the nurse you just heard from was a replacement nurse at alba bait -- alta bates in berkeley. so she said she didn't know exactly what happened to the patient who died. but she said all of the replacement nurses were asked if they needed need -- if they needed additional training and she said they all said no, they knew what they were doing. back to you. >> thank you, allie. it's not often a bake sale gets national attention. but that's the case at uc berkeley right now. we're live on campus to explain how these baked goods are fueling the debate over a diversity bill. low >> reporter: on the surface, it

looks like cupcakes and cookies. but the deeper issue is the bill that would allow gender and race to be considered for admission. you can see quite a crowd at the bake sale table. some students buying the colorful confections to support the organizers, those against sb-185. the price structure includes $2 for white students, $1 for students 75 cents for black students and 25 cents discount for all women. >> this is not to attack or make an individual feel uncomfortable for who they are as a person or what eth kniss tick they are. but certainly the free speech is -- it's meant to get people's attention. [ chanting ] >> reporter: but many students here are offended. some organized a counterprotest, condemning this.

the school says they have the right to make their point across but they could have made it differently. >> we don't think this particular choice for the berkeley republicans for the correct choice. probably if they wanted to counter the phone bank and calling the governor in favor of this bill, they could have set up the phone bank and called the governor. >> reporter: now, the bake sale goes on until 2:30 p.m. the bill is on governor brown's desk. it has to be vetoed or approved by october 9th. reporting live from berkeley, back to you. >> thank you. oakland police and ac transit are investigating an accident that injured a mother riding the bus with her baby. the accident happened about 9:30 last night on international boulevard between 85th and 86th avenue. police say the driver of an suv ran a stop sign and broadsided the bus. that shattered the glass door. the mother was standing right

behind that door and was knocked down. paramedics took her to the hospital. authorities say the baby is fine and was shielded from flying glass by the stroller's cover. the suv driver ran off but returned to the scene and was seen being questioned by police. it's been a great day on wall street. the main reason, eurozone efforts to solidify the region's rescue fund in an attempt to alleviate the debt crisis. taking a live look at the big board, the dow currently up 261, at 11,3 a 0 -- 11,305. the nasdaq is up 53. s&p is up 24. the trial of conrad murray is now underway. it opened this morning with an eerie audiotape recording of the popstar less than two

months before he died. [ inaudible ] >> prosecutors say jackson was with conrad murray when the star spoke those heavily slurred word and that jackson was deeply intoxicated with the anesthetic propofol. they say two days later, murray ordered another large shipment of propofol. murray is charged with manslaughter in the death of the singer. if convicted, the doctor faces four years in prison and the loss of his medical license. you can see more of the conrad murray trial on our website, ktvu.com. it is streaming live. just slick on the requests u.s. and world news "tab on the home -- on the" u.s. and world news

"tab on the home page. don't hit me. >> don't touch me. >> carolyn ford says mike kelly slapped her hand after she shhhed him for talking. she said the slap was hard, it stung and it follows a pattern of verbal abuse. police say it's up to the sausalito district attorney's 0 office whether to file formal charges. there's new information about the federal loan program being investigated following the bankruptcy of the fremont based solyndra. lawrence summers and treasury secretary, timothy geithner, it's reported warned white house officials about about potential trouble back in 2009. sumner and geithner say it was

too easy. the company laid off its 1100 employees last month. there's still a lot of questions after two dogs were shot while running loose in a san mateo park. kraig debro has spoken to the heartbroken owners of the dog and joins us live. good afternoon, kraig? >> reporter: good afternoon, tori. lori meadows park is clearly a park built for kids, two play structures and lots of grass. we spoke to several people who knew the jobs. the problem is no one who knew the dogs was here to stop what happened yesterday. >> we're sorry they scared anybody. but we don't think they should have been shot. >> reporter: jordan died at the park. bella was wounded but later euthanized. they are dogs but important to their owners. >> they were beautiful dogs. >> reporter: san mateo police

shot both dogs yesterday at around 4:20 and lower -- at lori meadows park. jordan and bella slipped out of a gatant went to the park, frightened adults and several children with aggressive behavior. police were called and new animal control officers were minutes away when one officer opened fire. >> dogs don't have the ability reason the way humans do. we can't negotiate with them. >> reporter: as emotional as the owners are, witnesses say the dogs were scary and threatening the kids. >> they were really frightened. >> the community members in the park were able to separate the docks from the children and hold them at bay until the officers arrived. >> reporter: karla arrived at the park -- >> my dad died the same week as

this 11 years ago. it's not a good week. >> reporter: the case will be subject to administrative review with the police department. kraig debro, ktvu channel 2 news. >> thank you, kraig. authorities in mendocino county say they are closing in on murder suspect aaron bassler. the sheriff's department released the surveillance photo taken in the last few weeks. it shows him carrying a high caliber rifle and breaking into a vacation cabin. law enforcement have placed 40 surveillance cameras to help catch the fugitive. authorities are investigating several cabin robberies where rifles were stolen. bassler is included -- is accused of killing two people, including jerry melo, councilman, last month. coming up, the decision that could affect hundreds of children. it's pretty warm out there. but are we in for warmer weather? rosemary will be here in a few minutes with the forecast.

and facebook has created its own political action committee. why the palo alto company is jumping into politics -- coming up. [ agent ] so your policy looks good, is there anything else?

why did you buy my husband a falcon? thanks for the falcon. i didn't buy anyone a falcon. sure, you did. you saved us a lot of money on auto insurance. i used that money to buy a falcon. ergo, you bought me a falcon. i should've got a falcon. most people who switch to state farm save on average about $480. what they do with it, well, that's their business. oh, that explains a lot, actually. [ chuckles ] [ male announcer ] another reason people switch to state farm. aw, i could've got a falcon. [ male announcer ] get to a better state. [ falcon screeches ] facebook is creating a be -- creating a bigger presence in washington, d.c. alison

burns has more about the reason behind their efforts to get more "friends" in the nation's capital. alison? >> reporter: well, facebook was already ramping up its presence here and doing a lot more lobbying on capitol hill. now its employees are gonna be doling out cash to political campaigns through a new political action committee. the social networking company has a lot at stake as congress weighs internet privacy, patent and monopoly issues. but we talked to a campaign money expert who warns facebook is in a unique position to face a backlash if its 800 million users don't like the political causes its pack is supporting. >> they have made it very easy for users to -- users to organize events and that could turn into organizing protesters against facebook if the political decisions that the company makes upset enough of its users. >> reporter: facebook has not revealed who its pack will be superioring -- will be supporting in political races

but democrats and republicans are reaping in the dollars from the tech industry. opensecrets.org reports employees of google have contributed more than $570,000 for its pack for this election cycle. most of that money went to democrats. microsoft employees contributed about 722,000. most of that went to republicans. a facebook spokesman says its pack will contribute to candidates who promote the value of innovation to the economy. reporting live from washington, d.c., alison burns, ktvu channel 2 news. there's some good news and bad news about bay area traffic. we do not have the worst traffic jams in the country but that could be a sign that the local economy is still not in great shape. the urban mobility report says the san francisco/oakland area was the seventh most congested area in the nation last year. the washington, d.c. metro area ranked first, chicago and langs

round out the top -- los angeles round out the top three. researchers say congestion is one way to measure how well cities are doing economically. san francisco firefighters were busy at a strip mall fire. the fire broke out around 4:00 this morning. firefighters say flames came from the roof of a business that's undergoing renovations. no one was injured in the fire. but neighboring businesses also suffered damage. it took firefighters about half an hour to put out the fire. the oakland school board will hear tonight from parents about plans to close five schools. >> save our schools! save our schools! >> some students staged a small protest this morning outside lakeview elementary. it's one of five schools on the list of proposed closures in 2012, along with luzier, marshall, maxwell park and santa fe elementary. the district says the move could save it more than $2

million in much-needed money. but opponents say the children are at the losing end of this deal. >> the district really didn't coordinate their efforts with any other communities, any other families of the children that go to the school and we're all afraid that we're all gonna be pushed and forced and relegated to schools that are in crime-infested neighborhoods. >> tonight's board meeting is at 6:00 at oakland high school on macarthur boulevard. the board is not expected to make a finals decision on closures until later next month. no one has actually seen a bear yet but the marin water district says it's getting reports of signs of one on mount tamalpais. there have been bear droppings spotted. the most recent was discovered last month near kent ridge. the last confirmed siting of a black bear on mount tam was

eight years ago. good afternoon to you. take a look at this view. it's gorgeous. temperatures warming to 80. if you have been outside, recently, warmer from 24 hours ago. take a look at what's happening here. we have clear skies, a little bit of fog off the coastline but with this northeasterly breeze through sfo, we should remain clear, through half moon bay and we're looking at great weather for today. temperatures are already heating up. we're sitting in the 70s in most cases, even right around san francisco, reporting low 70s. 72 san francisco right now. mid-70s in oakland. concord, fairfield, 79. 78 for livermore, mid-70s in san jose. satellite radar view showing you from up above, ridge of high pressure in place, all of that clear sky. and we'll continue to warm up over the next couple of days. even reaching 90 in the afternoon in some cases. you can see the storm track

well to the north. you have to get to washington to see that rain. we're gonna continue with this warm trend. sunny, warmer, mostly clear skies all the way across the coastline. take a look at the afternoon highs. warm in areas around petaluma. 86 expected for the afternoon. 88 for sonoma, 88 expected in san rafael, upper 70s in sausalito. it will be gorgeous there. how about 70s and low 80s for the east bay? oakland checking in at about 8 or to the afternoon. upper 80s low 90s around danville, livermore, antioch. a bit toasty for your neighborhood for the second half of the day. 90 degrees expected in gilroy. the peninsula will be a gorgeous one. 82 san mateo. 78 degrees this afternoon in the city and 60s, low 70s expected right along the coast. daly city, you are checking in right about 68. the extended forecast here, enjoy this nice dry warm weather because we have do -- we do have changes in store we have a nice week, workweek i

should say but take a look at friday, the temperatures do start to dip and by the weekend we're cloudy, we're cool and the models are still pointing at the possibility of maybe a few scattered showers. not enough to put it on the icon. we'll be tracking it for you. it will be a combination of what we typically could get this time of year. a little bit of summer and -- summer and a little bit of fall. >> thank you. >> sure. it could be more difficult to find a place to smoke in downtown concord. tonight, the city council is set to vote on expanding concord's ban on smoking in a downtown park. if approved, it would be illegal to smoke in a 70-block area. some say a smoking ban worry about potential customers being out the -- out of restaurants and bars.

>> we cater to families and children and nobody wants to come through a cloud of smoke to have their photo taken. >> but some say people should be focusing on other things like the economy. just ahead -- boeing's new dreamliner is in the air. we'll tell you where it's headed an what makes it special. @

stocks have eased off their

session highs. still riding a wave of hope that eurozone officials will shore up the region's banks. all of the dow's components are up. leading the pack, hewlett- packard. it was up 7%. now up 5.5. taking a look, the dow is up 200, shedding about 1100 points. the nasdaq is up -- about 100 points. boeing's long awaited dreamliner flight is on its maiden flight to japan. it took off from everett, washington just before 7:30 this morning. it's now on its way to tokyo where all nippon airways will put the plane into commercial service. today's flight comes after the dreamliner was delivered yesterday. it's made from carbon fiber. it's a light weight plastic that improve's the plane's fuel efficiency by 20%. a small earthquake shook part of show may county. the 2.6 quake hit at 7:56 this

morning. the u.s. geological survey says it was centered three miles north of windsor. there's no word of damage or injuries. today structural engineers are repelling down the -- rappelling down the washington monument to inspect cracks left after last month's earthquakes. numerous cracks and chips were found in the monument after the 5.8 quake struck the east coast on august 23rd. the monument has been closed since that day. ed. meanwhile, we're getting a look at surveillance video inside the monument from that quake. you can see debris reigning down. the national park service was able to guide everyone out safely. the giants' season is coming to a close and although the defending world champs did not make the playoffs, there's still plenty to cheer about. >> go, giants! >> go, giants! >> that's right, buddy! >> the giants set a franchise record last night for the

highest single season attendance with more than 3.3 million fans streaming into at&t park. the giants are playing their final series of the season. it began with a 3-1 -- 3-1 victory over the rockies last night. they play tonight and end the season with a day game tomorrow. san francisco public schools will be among the first in the country to adopt new national map standards. according to "the chronicle" the district volunteered to test the new standards. they aim to get students more interested in map by using real life situations. the new standards are expected to be rolled out across the country over the next few years. we're following a controversial bake sale and protest at the uc berkeley campus right now. also ahead on the news at 5:00, san jose city leaders could make it final, the vote today that could force the immediate closure of more than 100 cannabis clubs in san jose. those stories and more coming up in our next newscast, the news at 5:00.

thanks for watching. have a great day. i am a nose coach. i am a throat untickler. i am a human cough suppressant.

and i am the sniffles worst nightmare. i am a target pharmacist. ask me about cold and flu remedies. why did you buy my husband a falcon? thanks for the falcon. i didn't buy anyone a falcon. sure, you did. you saved us a lot of money on auto insurance. i used that money to buy a falcon. ergo, you bought me a falcon. i should've got a falcon. most people who switch to state farm save on average about $480. what they do with it, well, that's their business. oh, that explains a lot, actually. [ chuckles ] [ male announcer ] another reason people switch to state farm. aw, i could've gotten a falcon. [ male announcer ] get to a better state. [ falcon screeches ]

n? [ male announcer ] get to a better state. oh, i see. a throne for the tv... room for movies... your workout gear... non-stop football... it's a man cave! the boys next door will never leave. who says we want them to?