see the numbers have started to dwindle. there were 75 people here at one point. now they also said they targeted the bank of america out here saying the bank said it would lay off 35,000 while executives got big paychecks. length 75 crowded the street corner and got a lot of support. organizers say as of other movements around the bay area and across the country they are opposed to corporate greed. one woman said when it comes to dealing banks it seems like the deck is stacked against the consumers. >> we started trying to get it modified and they are thieves. we sent in the same information several times. >> reporter: protesters say you can expect to see more movements spring up in the east bay. they say there are plans to occupy pleasant hill and castro valley. >> protesters chanted outside

san francisco's palace hotel where murdoch and jeb bush were speaking. a education group called the foundation for excellence is holding a two day conference there. they interrupted the ceo as he gave the key note address inside. >> the santa clara da has filled a campaign promise to investigate an alleged rape by college baseball players. as robert honda found the findings might not be the answer some were looking for >> reporter: the decision is upsetting some but it's not a surprising one. earlier today here, the da said he will not file criminal charges in the case. he went to great pains to explain why. the young woman named jessica broke into tears after losing a civil lawsuit against two former baseball players who she sea accused of raping her while

she was drunk at a house party. this morning she lost another legal battle when the da relooked at the case and decided not to file charges. he said his biggest problem, jessica can't remember what happened. >> was there a crime? we don't know. if there was a crime do we know who did it? we don't. can we prove the case beyond a reasonable doubt at a jury trial? no. >> reporter: in a statement jessica said she was very disappointed in the justice system and said i didn't hide, i told my story and i'm not embarrassed. i did all i could to help the truth come out and now i will move on. the director of a rape crisis center was also disappointed. >> victim blaming still plagues the society and the focus is on the victim and their behavior. >> reporter: an attorney for one player said the correct decision was made. >> everybody suffered a lot whether or not there was a

criminal prosecution. >> reporter: most people involved agree today's decision closes the case. the decision was the same as one reached by two others. live in san jose. >> our coverage continues on ktve.com. we have the complete statement about the investigation in to the rape allegations and why he isn't pressing charges. just look under the bay area news tab. >> people gathered to take a stand against domestic violence. dozens took part in the walk from san jose city hall through downtown. one survivor of abuse said that it's important for anyone who witnesses domestic violence to speak up because victims often are in denial. >> because i grew up with abuse i didn't know that it was abuse. i thought it was normal. i thought this was how families are. >> local officials laid roses on eight empty chairs to

remember the eight victims of domestic violence in santa clara this year. >> classes were held as scheduled today in martinez despite a threatening e-mail. it was not specific. martinez police say they increased patrols at the high school as a precaution and are trying to track down who sent the e-mail. >> police in san jose have released a sketch in an armed robbery case that left a bystander wounded. a man befored the market two weeks ago and fired at least one round. a store patron was hit and is still in the hospital. the robber ran away with cash. >> the city of vallejo has just put in two new cameras at the park ask ride lot, it's located where there have been a rash of break-ins. the group said that it provided the cameras. >> a gas leak forced evacuation of a daycare center

this afternoon. pg&e said a contractor replaces a sewer line hit a 6-inch natural gas main. it happened about 1:00 p.m. on apple berry street in san rafael. six children in daycare in a private home why were evacuate anotherred. this is the 6th time in about a month that a gas line break has prompted evacuations. last month the city hall and the 911 call center were evacuated when a work crew hit a line. the week before a major evacuation was ordered in pleasant hill. >> san francisco hotels getting more expensive. revenue prosecutor room in san francisco increased in over 111 prosecutor dollars a room. that's increasing 14% in august from the same month last year.

report says revenue climbed even though occupancy fell. >> the oakland raiders came will take on deeper memberring sunday. this will be the first home game since the passes of al davis. jade hernandez is live with the team's plan. . >> reporter: organizers raising money for several different charities. it lasts until game time sunday which is the first home game without al davis. >> that's what i'm trying to -- [inaudible]. >> reporter: this fan is looking high and low for something special. >> i see something -- i'm trying to get a signature but can't find nothing. >> reporter: that's because as we found today the raider image store didn't order anything new with davis's image on it, nothing to remember his passing but for six of these 179-dollar

limited edition footballs already in stock. even those were gone today. though some were disappointed others like james dean found reminders of their icon. . >> reporter: we found davis's image on this limitede diction game. >> we feel lucky we got to go to the game because they are supposed to have a lot of stuff. >> reporter: dean came to meet rod martin. he played under al and brought home two super bowls. >> [inaudible] mr. davis would want us to be up, everybody to be fired up about the season, about the organization. >> reporter: and he would have demanded a win. he never tires of putting up the same sign. >> what makes this weekend special is we will honor al davis. >> reporter: and so is the o. the diamond vision scoreboard where fans on sunday will see

tributes. >> i feel blessedly be here. >> reporter: the party is being held across the street, at half time davis will be remembered and there will be a moment of silence after the national anthem. we have heard john madden will be on hand but officials wouldn't confirm. reporting live from oakland. >> some parents say they are upset their school is set to loose a kindergarten teacher. parents held signs of protest this morning. they say they just found the district wants to move it to a different school as soon as next week. the students would share a class with first graders. >> it affects the teacher that has to take in even more students because they have more responsibility. >> the district told us because enrollment is fallen by an entire class, 20 students its moving the teacher to another site that's short staffed. >> just because outside

temperatures are starting to drop it's still dangerous to leave a child inside a parked car. temperatures can rise to dangerous levels even on mild days. police in the south ecalifornia city of montclair say they rescued a 4-year-old from inside a car that was 120- degrees. the boy's father is still in jail. starting in january, california county also offer people with older unpaid traffic tickets off off. the discount applies to ticketsa least three years old for any moving violation but dui or reckless driving. it doesn't include parking tickets. the ticket program will last through june of 2012. >> the long list of mayor candidates facing off in san francisco. the names that didn't make it. >> back here with the forecast. we will look at the bay area weekend. its cooling off

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. state federal and local law announced more than 100 arrests in a year and a half undercover probe of gangs. officers made arrests in alameda, monterey and other counties during the past three days. it centered in the city of gilroy and was called garlic press. >> i have never been a part of something this big. it was very great identifying. >> officials say more than half of the those arrested were suspect suspected gang members have face multiple charges. >> medical marijuana activists rallied in support of a northern california cooperative raved by federal agents. they say they are concerned

about the raid on north stone organics. they say the cooperative doesn't fit the description given by attorneys last week who said they planned only to go after pot club that were abusing the system. >> we don't want profit ears in california. we want good patient care. we want accessible variety to pick from. we want a safe atmosphere. >> they say north stone organics was among the first to get a permit with the county's program and was always careful to follow the law. >> san francisco faces a tough choice with 16 candidates in the race for mayor. paul chambers live in city hall with the voting twist. >> reporter: three and a half weeks the people will have to decide who will be the city's next mayor. first they will have to vote through 16 candidates. >> it's inspiring to be saying i'm running for mayor. >> reporter: eight of the 16

running for mayor showed up for the debate. organizers say they invited 11 of the top hopefuls at today's debate it appeared they didn't differ on many issues and some feel it's done on purpose because of rank choice voting. >> you can pick me and then if you are nervous about that because i haven't been in city hall you can pick someone else as your second or third as a back up many. >> reporter: the benefits are it actually compels all of us to campaign. >> you can give your first choice and also your second choice to the people who are your true first and second choice. >> reporter: not everybody agrees. some say with so much on the line some are afraid to speak up. >> i prefer the old way. >> the rank choice voting is out. you will know if it works or

not. >> hearing them say it has narrowed my focus. >> the election department has already gotten mail in ballots and since early voting started just under 300 have cast ballots in person. i want to point out that several were invited to the debate but decided not to come. >> more tough questions on captain oil hill over the federal gone for slynd era. they want to know if the department of energy broke the law. the deal let private investors get paid back before the taxpayers. two department officials testified they had never seen that happen before but stopped short of calling illegal. >> google stocks surged on news of the strong growth of smart phones. they reported the 34% jump in revenue in part because of its

software. that translated to a rise of almost 6% in stock today which closed up almost 16% for the week as $591 a share. earnings in good retail showers helped drive a rally that show most indexes finish above the break even marble. the dow closing up 166 points weight the nasdaq finished up by 47. >> the city of palo alto is taking steps to improve security after an oddist found accounts at risk to a security breach. they said staffers found a powerful account that wasn't protected properly. if someone got access that person could have destroyed records or exposed private information. it may be the city by the bay but san francisco is also apparently a stressful place to live. that's according to a new survey. san francisco was 7th on the

list because of a 10% unemployment rate. a lack of affordable housing, the high cost of living bad traffic. los angeles is at the top of the list of stressful places followed by new york. >> and a beautiful day, a beautiful evening if are you heading out on the town. temperatures in the 60's and 70s. in san francisco, in oakland it'll be mild. these are the temperatures, the daytime highs. today will be and yesterday the warmest days of the week. because of these high clouds that are filtering in overhead. they are high clouds, up there. they are making for a nice sunset but are filtering the sun. the clouds will sit up here and the heat from the day will kind of go into the space but the clouds will keep the warm in so it'll be one of those night that feels like san diego. new mexico, it'll be warm. you could call it muggy but

it'll be nice. you will be outside in a t- shirt in north beach. forecast overnight will be in the 50s. we go through the day tomorrow temperatures drop off five, six degrees. here are the clouds i'm tracking. that's the cooling, there is a bit of a southerly flow and i think the fog will return to the coast but i don't think it's coming back tomorrow. i think late tomorrow night or again into sunday arch. i think tomorrow will be the beaches, very similar to today. there could be patchy fog but i think it'll be a nice day. sunday there may be fog. the forecast highs tomorrow. oranges, 80s, reds 90's. lots of 70s and 80s. that's the trend, little cooler at the coast. that strong off shore flow is dying down. here come the clouds, late tonight. cloud cover, more cloud cover 10:00 a.m. tomorrow. looks like a little fog along the coast but not so sure that's what will happen. just doesn't seem what the fog is there yet. the pressure hasn't shifted yet. tomorrow may be a fog free day

at least in the midmorning and afternoon hours. 11:00 sunday morning and then -- really about clouds, this whole weekend. it'll be nice. fog returns and if you are heading to the beaches and could be patchy fog take a jacket. even tomorrow and sunday just in case. a really nice weekend. fire danger okay. air quality, 83 pittsburgh, 84 brentwood. the forecast highs for saturday. sunday will be about the same. little cooler. 71 daily city, 73 san francisco, the five-day forecast, then not a bad one. temperatures down on sunday but a nice bay area weekend ahead. next week looks nice as well. no rain in the immediate forecast. see you tonight at ten. >> this weekend is pretty much where we should be this time of year. >> yeah feels right to me this is what we expect. i think rocky said it earlier the best sunsets are in october and november when you can see the sunset. >> thank you. >> disaster victims with gaping wounds and emergenciy responders in full gear mingled with tourists on fibber man's

wharf. they were taking part in the safe emergency drill. san francisco's fire chief said it'll be hard for the department to respond immediately to every home and business when the next disaster strikes. >> the system will be overwhelmed. it's great to see the community out here, the more we practice the more we prepare ourselves ahead of time, the workplaces, homes, the better off we are. >> the red cross, pg&e and fisherman's wharf merchants all took part. >> coming up, our cameras catch tense moments at the site of a big music festival. who stepped in to bring this dispute to a peaceful ending. and the two bay area zip codes that are on the top ten list of the highest priced real estate and one of them is new. coming up in just 30 minutes on tv36. . >> maybe one of the weirdest high school game of the weeks

ever in san rafael tonight. why rats changed this game. got some weird news for you and big time highlights, it's all coming up next. [ lisping ] i lost my front tooth the other day,

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. cheers and high fives this morning where the apple co founder was the first in line for the new i-phone 4s. apple said preorderrers set a new report of more than one million. some say the death of steve jobs motivated them to get the phone. >> the most photographed phone purchase in history. mark is out in san ralph yoel where it's david and goliath battle. >> reporter: yeah. david to put it nicely didn't come up with the upset victory. it just finished. why did it just finish? we always have the games at night. let me tell you, no lights at all here and that's because rats got into the building that houses the transformer, they ate the wires, that was

confirmed by the athletic director, fried themselves and changed everybody's day and apparently as you watch the video here lot of people didn't get the word out this game was changed from a 7:00 start to an early 4:30 start. very empty and first time san rafael had the ball they had to punt and that's when the bad news started. marin catholics, is bringing that thing back 68 yards on the punt return for the touchdown. he is just a junior and then they have a big time quarterback to talk about. number 16, to -- again, 1 yards, touchdown and the route was on but not finished, this time he hits ryan for another touchdown of 12 yards, this game just finished, 52-0. marin catholic 7-0, san rough yoel 0- 6 and let's meet the young

quarterback. very modest young man. >> came out, try to get better every game. just work the whole week, this is like any other team we will play in the postseason, we just want to get better. >> what about you yourself, you are having a goodyear, wracking up major yards, your thoughts of where your career is. >> i just try to take it one game at a time. >> as far as goals for the team as far as -- where you want to take it this year. >> try to win the game, the next one and go as far as possible. > interesting about him, his dad played at san rafael and actually played in the major leagues as a catcher for five- years in the big leagues. big time family, very athletic, good future for him, just a junior. let's get back to you on the

set. >> all right. thank you. always blame it on the rats. website is always on. right now under the weekend extra tab information about this weekend's treasure island music festival and the slide slow of the mourners, an exhibit of tom sculptures. see you tonight at ten.

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