there is really nothing for them to be proud of in how they coon ducted this whole night. >> but did they break the law? the district reviewed a case that has involved members of the danza bay ball team. the district attorney announced

he will not be filing charges in this case. he is not the first to come to a conclusion that this case cannot be prosecuted. kraig debro tells us what the d.a. had to say >> reporter: the news conference wrapped up just before 11:00 here. former district attorney declined to press charges. that sparked outrage. jerry brown reached the same decision. today, a long time critic of both of those conclusions came to the same decision himself. the decision not to file charges was also an emotional one for the district attorney. >> i have two daughters, and -- >> reporter: rosen says he promised to reopen this case after taking office. for month, the office pored over evidence. on the two most important questions, could they prove a rape occurred beyond a reasonable doubt and was prosecuting the right thing to

do, the answer was no. the district attorney's office could not prove that a crime occurred and, therefore, will not file criminal charges. >> rosen says he broke the news to the victim before the news conference. >> while she was certainly disappointed, i think she understood and she understood that we really did everything that we could. >> on march 7th of 2007, the 17- year-old girl wept to a party and admitted drinking there. later, the girl and another girl said that members of the baseball team raped the girl. >> the civil trial was really for us in the d.a.'s office a dry run. really, a simulation to some extent of what a trial would look like. >> reporter: the jury found the defendants not liable on a vote of 12-0. >> one thing that has been demonstrated throughout this case is that, sadly, pervasive victims' attitude continues to plague our society.

>> the d.a. says that prosecuting sexual assault cases where alcohol is involved is even more difficult. >> reporting live in san jose, kraig debro, ktvu channel 2 news thank you. san jose state is warning students after three sex crimes in just two days. police say a woman was in a restroom stall at sweepey hall yesterday when a scruffy looking man peered under from a neighboring stall. the woman screamed and the peeping tom fled. on wednesday, two students told police that a man was on a bmx bike and groped her. >> that's really scary to is somebody just approach you like that. >> campus police texted alerts like this one to the students. another woman saw the note and then called police to say she, too, had been groped by a man on a bmx bike. the bike attackers are

described as young latinos, one had spiked black hair. and ktvu showed you video of the dramatic rescue of two women pulled from a home. it happened in concord earlier this morning. tara moriarty has more. >> reporter: two firefighters became heroes. this is the helmet that one of them wore, which has a camera mounted on it which captured the rescue. this is what firefighters saw when they ran into the burning house at 1:30 this morning. it's dark with smoke so thick they can barely see. >> you hear people in the back ground screaming. i've been a firefight are for 13 years now. this is actually my first live rescue of two people. normally, the situations don't dictate, that especially at this time of the night. >> reporter: 90 seconds later, chris leimpeter said that the

roof would have collapsed and the two women would plot been rescued. that's a pretty intense situation. but chris and i work for a department full of guys capable of doing what we did this morning. >> reporter: a 79-year-old caretaker, that's the first night in the home. chris is waking the helmet cam. seconds behind, you can't see but he is carrying an 80-year- old woman in her arm that woman just got out of a rehab facility and could not walk. both women were rushed to the hospital to be treated for smoke inhalation but they both will be okay. >> p d was on the scene but could not make entry. >> reporter: flames had broken out in the attic. investigators say that the fire was sparked by faulty wiring above the home. >> to be there and perform the rescue. we have two people, a fire out. the future of station 6 is

uncertain. firefighters say that that could have an effect on their response time -- say that the cuts could have an effect on their response time. one person is in the hospital follow an apartment fire in north oakland. firefighters responded to a two- story apartment building on stanford avenue. witnesses say that crews rescued a young man who was now being treated at the hospital for smoke inhalation. no one else was hurt. the fire apparently started in the kitchen of an upstairs unit. a second unit also suffered damage. three people were displaced after another fire in brisbane over night. it started at about 11:30 at an apartment complex on visitation valley. officials say that the fire may have started on the stove and the home did not have a smoke detector. a neighbor who noticed the smoke was the one who called the fire department and no one was injured. occupy wall street protesters are claiming a victory today. they formed cleanup crews and

then spent the night sweeping and mopping up the park in lower manhattan. the company that owns that private park postponed a scheduled cleanup preventing a problem green protesters and police. >> occupy san francisco stage add protest outside the palace hotel where newscorp ceo ruppert murdock and former florida governor jeb bush were speaking. >> ruppert murdock and jeb bush are bad for your children and other living things. that's why we are here 0 protest them. >> outside, people held signs. inside, a conservative group is holding a two-day conference. murdock gave today's keynote address. >> new figures shows that

consumer spending was up last month, a positive sign for this week's economy. the commerce department is reporting a 1.1% jump in retail. that's about twice what economist predicted. consumer spending is a key indicator of the health of the economy and a big part of the consumer spending increase was due to a rise in auto sales. that sector increased 3.6%. hello, detroit. [ cheers ]. >> president obama and south korean president li-mun-bak visited a plant. workers cheered when they saw the south korean president wearing a tigers cap. he says he and president obama are kept awake with one

problem: providing jobs. and some emergency training today but the bay area is perfect but changes are coming we are outside the apple store in los gatos where the first people walked out. we'll show you the demo that most people like the most. what do you think of this one? really? what's this? this is a rose i made from a turnip. let's try together. perfect. two worlds that fit in one kitchen. come in today and save up to 20% on a kitchen from ikea.

i'm a curious seeker. i am a chemistry aficionado. diphenhydramine. magnesium hydroxide. atheletes foot. yes. i'm a people pleaser. if elected, i promise flu shots for all. i am a walking medical dictionary. congratulations virginia. inflamed uvula. i'm virginia. i'm a target pharmacist and i'm here to answer your questions. i ride muni every day. i enjoy it the most when i'm with sidney.

she doesn't notice that it's too crowded or that it can run a half hour late. i'm bevan dufty, and i'm running for mayor because it's not enough to just "get it done"-- we have to get it done better. sidney thinks muni is magic. we go underground and come out someplace new-- just us. i want all of us to see it that way.

alajambra high cool was open this morningdespite a threatening e-mail. the e-mail was vague saying something to the effect that something bad was going to happen. the district used automated calls last night to inform parents and martinez police say that while they did not find any credibility to the threat, they have increased patrols today. they are trying to track the account that that e-mail came from. >> some parent in oakland are speaking out against proposed change at their school. this is new video this among from monk elementary high school. parents told ktvu that the district wants to take away a kindergarten teacher from their school who will then be moved to a class with first graders. >> we believe there may be other alternatives that were not explored that could prevent this from occurring to our school community. >> reporter: such as? >> such as cutting from the

top. less consultants. >> i feel that it's up fair to the students because they are losing their classroom environments that have already been set. >> that elementary school is not alone in the district restructuring plan. five elementary schools have been recommended for closure to save roughly 2 million-dollar. the school board is expected to make a final decision at the end of the month. dozens of people waited in line overnight to get their hands on that brand new iphone 4s release this morning. it appears that it is worth the wait for all those gadget afish na doughs. >> there is one feature in particular that is knocking their socks off. >> huddled in sleeping bags and passing the time in their beloved apple gadgets. >> everybody has something that they are crazy about. i think this is a big deal.

>> i am crazy and i love iphones. i've had iphone for a lon time. it's worth it. >> i didn't want to wait 30 day it is i ordered it through my carrier. >> so this way, i'll get one right away. >> by 8:00 a.m., the wait was open. apple employees flung open the door and people walked in. some showed us the park they love most. >> directions to mechie sushi. >> the way it works, you can dictate text message or even ask the phone to tell you the weather. just press this one, wait for the microphone to appear. what's the weather today? >> and there you go. >> all the sensory devices, they are like human senses. >> reporter: it was apple cofounder steve wozniacki's faith part, too. >> this is the feature of a machine. >> he was the first person in line outside this los gatos

apple store. he wanted to experience the excitement and anticipation of the next apple product. like many other people who camped out overnight, he said that the wait was worth it. ali rasmus, ktvu channel 2 news. tributes to steve jobs continue to pour in more than a week after hisdeath. >> fans of apple started a movement calling it steve jobs day. they asked fellow admirers to tweet about jobs and wear mock turret the neck like the former apple ceo. thinks the first full day on the job for oakland's new interim police chief. he is not going to need any on- the-job training. yesterday, assistant chief howard jordan took the oath of office to formally take charge. he is a 23-year police veteran who has served as interim chief before. he will replace chief bats who

announced his decision to step down. bats says that the department is in good hand a three judge pal from the 1st circuit court of appeal issued the order that alabama cannot force a provision that requires schools to check the immigration status of students and another that makes it a crime not to carry documents that could prove a status. however, the judge let stand a provision of the law that will let police hold a person suspected of being an illegal. surveilance video capture add man punching a woman. this was posted on world star hip hop.com. police are still looking for this man a second man seen delivering a punch that knocked that one to the ground

a new report by a government watch group says that errors made an an air traffic controller is improving. air traffic safety mistakes more than doubled over the past three years. many of these errors occurred when controllers directed planes to fly too close to each other. a federal aviation administration statement says that the increase is due to better reporting when it comes to errors. well, as rosemary will tell you in just a moment, it is going to be warm here in the bay area but the cold season is in full swing in colorado. 1 hyundais after it closed to end the last ski season, wolf creek in the southwestern part of colorado opened last weekend. and a third ski area is going to open today. good afternoon to you. live look in san jose heemplet all clear around the bay area. a lot of things in store in the way of high clouds.

a little bit of filtered sunshine. could even pick a little bit up here on storm tracker 2. you can see areas off santa cruz there, getting ready to pull into san jose. wind coming from the north- northeast for that offshore breeze, keeping the marine layer away and the temperatures are climbing. the city reporting 79 at this hour. 722 in oakland. low 80s san jose, livermore, temperatures of 1 to 2 degrees warmer than where we were just yesterday. with plenty of sunshine. feels quite warm already out there. 80 degrees for napa. 78 in santa rosa with, again a cooling trend on the way but not for today. so enjoy this nice warm weather for the weekend. the onshore breeze is going to strengthen. we are expecting again high clouds to be pulling in. should happen bit second half afternoon. you can see them here coming in from the south. we are watching low pressure way off the coast to 800 miles or so that will eventually move closer to the coast and as it does, it will begin to really

bring in the cooler air. it should be by sunday into monday. there it is right there. so well off the coast line. the cooling trend will be slight in the beginning and then the temperatures will continue to fall as we move into monday and tuesday. look at the forecast here. we are watching these clouds. they begin to move in over the bay area. looks like about the golden gate, maybe i-80. if you are south of that, you're going to see it in the afternoon. evening hours, going to be with us even tomorrow morning. we are expecting in addition to sea breeze and stronger onshore push with the clouds. we are likely to see the low cloud, high clouds and temperatures will begin to fall. 80s, nearly 90s once again for the inland area. 823 for oakland, 20 al media. 87 for walnut creek. mid-80s san jose. san francisco checking right about 08 for the afternoon.

76 in pacifica the weekend there is going to bring a little bit of a cooldown. some of us in in land valley locations welcoming a cooldown the splitting into the 70s. notice there are are the clouds. no rain just yet. but the possibility there of maybe tuesday, maybe wednesday. >> right after people get all their halloween decorations out. >> just about. >> thanks. looks like a great weekend. >> you got it. >> if you have unpaid traffic tickets lying around, you could be eligible for a big discount. the state is offering a 50% reduction on fines if you pay them during the first six months of next year. the deal applies to fines that were due before the start of 2009. those are old tickets. the program is expected to generate 46 million-dollar for the state, city, counties and courts. now, counties also have the option to deny the discounts to people with more serious

violations. anti terrorism tact tall -- tactical response teams are making their way to dublin. the 32 drills are being coordinated across 18 countries. teams from israel and jordan will work alongside local units the people who work and around san francisco's fisherman wharf held their annual disaster drill. you want to keep your head open, just like that. >> the pier safe program included instructions on how to rescue people. pg&e was there to show off how to shut off gas. the goals is to get people ready to reresponsibility if there is a emergency. >> ahead, we'll give you a check on your stock. how bay area tech companies have a lot of people smiling on wall street. and how the health worries

about cantaloupes are impacting people not even connected with that scare. 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 ]

[ female announcer ] pillsbury chocolate chip cookies with hershey's chocolate chips. for a moment of warm, gooey, togetherness. chocolate chip cookies... from pillsbury. and these are the ones you'll love on a school night. pillsbury crescent dogs with just a few ingredients you have an easy dinner... pillsbury crescent dogs... school night ideas made easy. that looks good. dow is up. retail sales numbers very good, better than what people expected. on the market today, mace yais, amazon, lowe's all trading well. san francisco-based zinga plans to list its stock on the nasdaq when it goes public.

the company specializes in freon line games incluing farmville and mafia wars. zinga filed to go public in march but there is still no word on when the shares will go to public trading and how much. google made $2.7 billion during the third quarter and that's up 26% from the same time last year. google also announced yesterday that its new social networking sight google plus has reached 40 million users the economic problem continues for san francisco- based clothing company the gap. it is going to close nearly 200 stores and downsize many others across the u.s. the company plans to reduce the number of gap brand stores to 700 by the end of 2013. now, right now, gap is not revealing which stores will close. in the most recent quarter, the company reported a 19% decline in profit. the gap owns brands including banana republic and old navy.

the gap is focusing on international ex-paining. general electric says it is planning to build the nation's largest solar plant in aurora, colorado. ge says that it's going to be the size of 11 football fields. fat silt should produce enough pams a year to power 80,000 homes in about 350 people are going to work there. central valley farm workers are feeling the pinch from their recent cantaloupe listeria outbreak. one california company is laying off nearly half of its work force just weeks before the end of the harvest season. analysts predict a long dry spell before cantaloupe sales return to normal. the outbreak killed 23 people and made at least 116 others sick. tonight at 5:00, it's spreading even farther across the bay area. you have seen the so-called occupy protesters from oakland to san francisco and even

marin. we're going to take you live to their new unlikely target for a protest, where they will gather and send a message. our next newscast is the ktvu channel news at 5:00. that is going to do it for us today at noon. enjoy the great weather out there. [ male announcer ] sizzler's steak fest!

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