latest figures. >> it's wonderful. um, it's wonderful to represent so many diverse communities and to know that you work and welcomed. and 23 years -- [ cheers and applause ] -- >> tomorrow we will get it tabulated. we will work till 2:00 a.m. this morning pulling the ballots from the envelopes and then we will are bring those into the computer room and tabulate the results and release the results tomorrow at 4:00. >> you see the workers pouring over the ballots. but that didn't stop mare ed lee from declaring victory, indicating he is the first elected asian mayor in history. at 6:00 we will have more

reaction and analysis on how long it will take to tappulate the ballots. david stevenson, ktvu channel 2 news. there are two other winners, george gascon elected district attorney. he beat out david onek. and voters chosen city supervisor, ross mirkarimi as san francisco's new sheriff. he won 53% of the vote. election coverage continues online. go to our website, www.ktvu.com, scroll to the election section. breaking news in university of california at berkeley. a huge demonstration going on. there are hundreds of students at sproul plaza as part of a new occupy protest. ktvu's john sasaki is in the middle of it. john? >> reporter: we are standing

outside sproul hall. this is the middle of a heck tick day here outside sproul hall. if you can look right here, you see there are a couple of tents set up here. these tents went up, you can see inside, people enjoying their time therein, this all went up here after an extremely big conflict between these students, a thousand people here protesting the 99% versus 1%, this is "occupy cal" as they call it. i want to tell you, at one point the police officers told the students they could not set up tents so they came in riot gear and told them to remove the tents or they would be removed with force and that's

exactly what the police did here. it was 3:45, 4:00 that that went down. students were complaining about police brutality, saying the officers used more force than they needed to. joining me now is peter, a chairman of one of the department. which department? >> dance and performance studies. >> reporter: you witnessed this whole thing? >> half of it. >> reporter: what did you see and what did you see that was wrong? >> i saw police engaging with students in a violent manner. i understand there was a student and a faculty member arrested in the hall right now. >> you think all this was excessive on the part of the police? >> i do. and i believe that it was unnecessary for police to be here at all. i don't think there is anything wrong with the students camping out here and making their

statements. the fact the police came escalated the situation beyond what it might have been. >> reporter: thank you very much. so once the tents were removed the students brought a couple more tents back and set up camp again. police say right now they will wait this out. john sasaki, ktvu channel 2 news. across the bay, the "occupy sacramento" protest -- "occupy sata "occupy sacramento" -- occupy san francisco is under the radar because of the "occupy sacramento" protest. >> people are about to discuss planning and strategy. police tell us they have become concerned about safety here. yesterday they arrested a man with a gun. >> reporter: police say yesterday afternoon one of the protesters told police someone had a hand gun. officers say it was unloaded but it worried them.

>> a stabbing victim. assaults. a number of incidents of fights, variable as well as physical over the last week. that's concerning. >> reporter: we caught up with mare ed lee today. >> if they are going to exercise their rights and occupy they have to help us with the complaints that we are receiving. that's the only way that we avoid the confrontation. >> reporter: folks say it's peaceful. >> i feel safe here. i have had no problems at all. >> we do a good job of policing our selves. try to come up with ways to prevent it. >> while occupy san francisco remained under the radar, some folks wonder whether ed lee will sweep the camp? >> if there was a raid people would come from all over, labor

would have people down here, communication organizations would come out. >> reporter: there are 200 plus people camping here. the leaders have been discussing the pont of moving the camp to civic center plaza. reporting live in san francisco, rob roth, ktvu channel 2 news. dozens of housing advocates marched into a bank today in support of a woman whose home is being foreclosed by the bank. >> i am calling the cops right now. >> they walked into chase bank to demand loan officers help the resident. she was a victim of predatorial lending she says. leaders preparing to steak a stand against "occupy oakland."

what caused tension moments during their press conference is coming up at 5:30. penn state football coach joe paterno said he is stepping down amid a child sexual abuse scandal involving a former assistant coach. >> an honor to say i played under joe paterno. to hear the news is obviously sad. there was tears. >> we are trying to come together as team. focus on nebraska this week. >> players got the news today they will be playing for joe paterno's last season. jerry sandusky is accused of sexually abusing 8 boys. some of the attacks happened that penn state football complex. officials have been accused of a slow response. joe paterno announced after 46 years he will retire at the end of the season.

he called the scandal one of the great sorrows of my life. i am devastated by the developments in the case. i grieve for the children and their families. with the benefit of hindsight i wish i had done more. many students and fans rallied around joe paterno. >> it's a shame he has to go out this way. >> i am sad. i am just glad that he can do it on his own terms. >> the penn state board is investigating the scandal. they have not said if they will accept his resignation or let him finish out the season. today the u.s. department of education will look into whether they violated laws. puppy stolen has now been returned unharmed and is set to bereunited with its family. a woman bought the dog on

market street for $200 not knowing it was stolen. he returned it after seeing the story in the news. the adoption is scheduled at 5:30. the san francisco medical examiner identified the motorcyclist killed yesterday on interstate 101. we told you about the accident yesterday. investigators say he died in the crash. the chp hasn't said what caused the accident that led to a marriage backup. the city of morgan hill is rallies around the family of a 14-year-old girl killed in a drive by. ktvu's robert handa is live where police arrested 5 gang members. >> reporter: right now a fundraiser for the victim's family is just about to start here at the church.

and the police will host a community meeting here to address any concerns about gangs. >> reporter: the four men accused of killing a teen in a drive by appeared in court today. they are being held without bail. in morgan hill family and friends of the victim, r holding fundraisers and preparing for a fundraiser. she was not involved in gangs. >> she was very popular student, popular girl. very well loved all around. 14 years old. going to be 15 in february. you know? with the holidays coming, makes everything difficult to bear. >> reporter: the shooting is

the first since 2009. the police want to give the community a chance to express their concerns. >> also to reach out to the community and to fight solutions on what they recommend what we can do in regards to finding gang -- fighting gang violence. >> people don't want to get involved, i got, you know -- it may be you, it may be your kid. think about that. the community meeting is at 7:00. we will have details at 10:00. the funeral are is on monday. robert handa, ktvu channel 2 news. stocks tumbled today over concerns about the finance stability of italy. their borrows costs sored and investigators are losing faith in their ability to repay their debt. italy is the third largest

country in the euro zone. its debt is too large for other countries to rescue. the prime minister promised to step aside after a new budget is passed. that news sent stocks on wall street down 3%. the dow finished down 389.24 points, at 11,780.94. u.s. markets have become more volatile because of the instability in europe. the dow finished down 389.24 points, at 11,780.94. the nasdaq finished down 105.84, at 2,621.65. new e-mails released by house republicans show a president obama donor influenced the bill for solyndra. the solyndra loan was discussed during a meeting that white

house. the white house says it was undually influentsed. the company went bankrupt this summer. huge tree from northern california that is about to be driven across the country. frost this morning, a little bit of fog. another cold one tomorrow morning and rain in the five- day forecast. [ male announcer ] steak & lobster is on the menu at sizzler.

a fresh cut tri-tip sirloin served with a succulent lobster tail... just $15.99. sizzler. not every day we do a story about a tree that is getting an armed escort to washington d.c. that's the day for this year's christmas tree. ktvu's ken pritchett is here with more. >> reporter: frank, the tree arrived here at noon today. we are fortunate now that you can see it. it will make several stops in california. it will not stop in the bay

area but this story has bay area ties. >> reporter: from a distance it looks like any other truck. but the driver from san jose is hauling something very special. >> sometimes i think this whole thing is a dream. you know? am i really doing this. the cab is decked out for christmas and at the back of the trailer you can see it, the u.s. capital christmas tree. the public is encouraged to sign a giant christmas card on the side of the truck. he will drive the card and tree 4,000 miles, stopping in 24 cities along the way. >> no stress. a lot of fun meeting people. >> reporter: on saturday the 62- foot tall tree was harvested.

armed federal officers will escort the tree to washington d.c. >> we have to protect it 24/7. >> reporter: he will deliver the tree on november 28. for a retired truck driver who started his career hauling sugar, this job is as sweet as it gets. >> this is special. it's cool. it's really cool. >> reporter: the forest service says the cut, haul and put the tree that coptle will cost $300,000, paid for with corporate sponsorship. ken pritchett, ktvu channel 2 news. the free lunch is over for lawmakers. they voted to pend perks on the taxpayer dime. from now on each member will be billed $2,000 a year to cover

their meal expenses. the have been may over turn a law that require 6 live stock to be euthanized. the law goes further than federal laws. a ruling hasn't been issued yet but the justice appears poised to rule against the california law saying state laws can't supersede a federal law. raregreement in congress could -- a rare agreement in congress. a committee approved a measure to consolidate highway industries. that is good news for our state that relys on the government for 20% of our transportation funding. >> very difficult to go with big major projects because funding is uncertain. this will create stability. >> the measure still has to

pass the full senate and win in the house as well. toyota announced a recall. the problem involve as glitch in the steering that could make it harder to steer. 80 owners reported reported the defects. the recall involves 550,000 toyota and lexus vehicles. most of them in north america. toyota will notify the customers by mail. >> help on the way to alaska being battered by a storm. a winter storm warping is still in effect tonight. many people have been forced to seek hire ground. the storm blew out windows and caused widespread power outages. around 2:00 a.m. wind gusted reached 89 miles per hour. tucky was rocked by another

earthquake today. the 5.7 collapsed buildings. that's the same area where a 7.2 earthquake struck two weeks ago killing 500 people. at least three people were killed in today's quake. let's tong about our weather. nice day in the bay area. but change is on the way. >> the weather system headed our way on thursday night into friday is getting weaker or & more pronounced to the south. right now, patchy frost. again tomorrow morning for areas of the north bay and east bay. not just the north bay but the east bay. overnight lows in the north bay, into the upper 20s, low 30s. that will be the story again tomorrow. most of us in the low 40s. santa rosa, napa, 34. as i say, outer reaches of napa, away from town, into the

valleys, by the river, you will get cool overnight lowes, near freezing. valley fog has been popping up. 42 san jose for your tomorrow morning. 43 fremont. thursday starts off cold. ends up mid-60s. nice day. the weather system is -- it's -- as it moves down the coast, here it comes. it's like this. ends up further south of our area. what that means, from santa cruz south, big sur, santa barbara, they will see the bulk of the rain. showery around here on friday. morning hours, early afternoon. friday will be an umbrella day. santa rosa may see little on friday. bay area weekend, clouds, we will talk about that and the highs specific for tomorrow.

see you back here in a bit. >> a group of california pharmacies filed a lawsuit in san francisco against the giant drug manufacturer. they claim they conspired to keep the price of lip tore high. . there is good news form the twins from san jose. we will show you pictures of angelica sabuco and angelina sabuco before they underwent separation surgery. one week ago today at stanford university's lucile packard children's hospital. the twins were moved out of ecu and into a regular room today. the family isn't yet ready to share photos. but they have started therapy and the girls are now watching television. deadline comes in & goes in

the nba labor negotiations. what could happen next. and live above university of california at berkeley where the occupy movement is taking shape.

talks continued today as athdeadline has come and gone between the in a players and owners. they gave them till today to

accept the latest contract offers. the players didn't budge and the lockout continues and some of the talk is getting personal. stern was trying to treat players like plantation workers. he has sense apologized for that remark. we are getting an idea of what it was like in the jury room in the trial of michael jackson's doctor. a juror said most jurors decided conrad murray was guilty of involuntary manslaughter during the first few hours of deliberations but some disagreed and there was yelling among jurors. michael jackson's estate will auction off the bed and a mirror from the room where he died. the mirror includes a message michael jackson wrote to himself about his tour, it

includes the words, train, perfection, march, april, full out may. both will be auctioned on december 17. zsa zsa garbor has been hospitalized today. she was rushed to the hospital after her husband noticed bleeding in her stomach. he has been hospitalized repeatedly. the so-called super committee stumbled in a effort to crack a deal. democrats rejected a republican proposal. $1.5trillion plan included new tax revenues. democrats say it's not enough to close the budget gap. the committee has just two weeks left to reach an agreement. coming up next, tense moments involving "occupy oakland" protesters. why they got into a shouting match with leaders this

afternoon. >> this is only a test. >> it was heard across the country, the importance of today's national emergency test. it's about building cars in america. it's all about jobs. it's all about respect. security. the american dream. [ jamaul ] good jobs in tough times. a chance to move up and do better. [ delaunta ] excellent healthcare. [ caletha ] beautiful benefits. what they used to call the american way. it still works here. [ jennifer ] not a single layoff of a u.s. manufacturing worker. [ glen ] not one. not one. doing things the right way. quality. [ jimmeka ] building cars that americans want. [ jamaul ] right here in america. hyundai is an all-american success story. ♪

[ zapping ] there goes dwayne's car. oh, man. there goes dwayne's house. whoa! whoa!

and there goes dwayne. man, that thing does not like dwayne. [ male announcer ] state farm's got you covered. nice landing. it was. [ male announcer ] get to a better state. complete bay area news coverage continues. this is ktvu channel 2 news at 5:00. back now to the breaking news that university of california at berkeley. where occupy protesters have been demonstrating all day. in the past hour things got heated between police and the demonstrators. >> you see what happened. police broke through a line of protesters and began taking down tents that had been set up in front of sproul hall.

they held a rally and a march. organizers say they had planned to keep the encampment up for a day. at this point the tents and students are still there. we will update you on the situation in a half hour. in oakland, occupy protesters left their camp site to confront leaders at a news conference and it turned into a shouting match. noel walker is here now. there is concern that the city will sweep through and clear out the camp. there is also hope that that is what will happen among some businesses. >> press conference this afternoon a oakland business and city leaders was intended to start a dialogue. >> frank ogawa plaza wasn't

designed for camping. lacks the infrastructure. >> reporter: then "occupy oakland" supporters drowned out the dialogue. >> reporter: the messages on both sides lost in a screaming match. >> actually proves the point that many of us have been saying that you can't dialogue with anybody in this movement. >> we came to have a peaceful discussion and talk about what we want and here they are over running us. >> reporter: at frank ogawa plaza it is growing. but there is also concern the movement is stunting business growth. >> i try to frequent the local businesses and i am concerned for them. >> reporter: the city cleared the camp site once and it came back bigger and stronger. >> there is always a concern that there is an attempt to take it away. i believe they will bring it

back. >> reporter: some business owners say it's time for "occupy oakland" to go. we asked are there plans to do that right now? >> do you think that i will say it? >> reporter: now, he told me, we will act. perhaps in response to that the mayor issued a statement, now is the time for the encampment to support and respect the people of oakland and she calls on them to leave immediately. she wants them to do that on their own. reporting live, ktvu channel 2 news. in a foot note here, "occupy oakland," which pushed people to pull their money out of banks is a wells fargo customer. according to the minutes, "occupy oakland" deposited $20,000 in donations with wells fargo. organizers said it takes time to transfer money and they need

the funds now. some officials are losing patients with occupy protesters. they are set to hold more talks there. tents popped up last month and they resisted the request for a camping permit. police made more than 2 dozen arrests on charges including sex offenses, and intoxication. [ singing ] that was the scene yesterday in manhattan, "occupy wall street" protesters received support. they sang several of their hit songs. we have continuing coverage of the protest on www.ktvu.com. click on the occupy protest link. credit unions seen a flood of new business over the past

months. more than 90,000 californians switched to credit unions since september. a lot of accounts were opened after bank of america announced announce a new -- announced a new fee. they have since canceled the fee. >> since september nationally 650,000 people have moved to cret unions and the credit unions took in $4.5 billion in savings. the federal emergency management agency conducted its first ever nationwide radio and tv notification test. ktvu's tom vacar joins us live in san francisco with some of the problems that came up. >> reporter: yeah. that tower was a major player in today's activities. the latest system is a direct

result of the many failures during hurricane katrina. >> reporter: these 12 channels all showed the emergency alert system test. >> we have 300 some channels available on the comcast cable system. we heard all of them had the signal come on at 11:00. >> reporter: many heard it on their car radios. >> tist is a test -- >> they relay the national signal to all over tv and radio stations. >> important that the information gets out. >> reporter: bay area glitches were minimal. >> i have to admit the audio was faint. >> the first notification system debuts 60 years ago. >> this is a radio alert.

information will be broadcast in most areas. >> its purpose was to use two freakancies nationwide. that changed in the 60s when they were replaced by esa. it was replaced by today's version of the emergency alert system. >> the test was meant to see where there is break downs in the system. >> reporter: broadcasters and cable and satellite companies have 45 dize report back to fema how the systems handled the tests and what improvements need to be and will be made. tom vacar, ktvu channel 2 news. the white house praised the defeat of a bill in missouri that would have banned abortion. president obama said the vote

is a victoriry for women and families -- victory for women and families. the personal hood measure would have defined a fertilized egg as a person. >> a clerk in new york who refuses to issue marriage licenses to same-sex couples was reelected yesterday. she got around the law by making anyone request a license by aponement so someone else could issue the document. >> his client wants to go public with her complaint along with other woman who say they were huraced by herman cain. >> his client is an employee at the treasury department.

she previously worked that national restaurant association. from now on forget getting swag from the federal government. president obama signed an order that is designed to cut down on waste in government agencies. iteliminates swag souvenirs and unnecessary travel and printing documents and limiting smartphones and computer tablets. the latest numbers on a very troubling trend. also why eddie murphy says she pulling out of the academy awards.

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eddie murphy is pulling out as host of the academy awards. it comes after his friend and producer of the oscars was quoted for using a gay slur last week. his job was thought as huge step forward. the academy awards are february 26. new report says cyberbullying is prevalent in social media but more in real

life. 9-10 teens said they seen people being mean to each other on facebook. 15% said they were targets. but teens are more likely to be bullied in real life. parents should keep an eye on their social media accounts. at 10:00, john fowler investigates the surprises parents need to know about. the creator of one of the most beloved comic strips died. bill keen. the stories entertained folks for a half a century. his sons says his father died yesterday from congestive heart failure. an incredible price paid for a famous painting. a 1961 painting sold for a

record $43 million yesterday. the canvass was the first of his cartoon style images and one of his most famous paintings. >> one of the most famous paintings. when a painting like that comes to market, it make as higher price. >> 16 sold at record prices. they brought in a total of $250 million. a deal to move the a's to the south bay is still alive. what it will take to make them the san jose a's. and umbrella weather, we will go directly to that.

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the oakland a's are getting a swing at building a new stadium. the counsel voted to give them two years to buy 5 acres of land and he will get it for the price of $7 million, which is half of what that land is valued at. the a's still mead major league baseball approval to move to san jose. a big night in the south bay tonight. a who's who of bay area sports stars are being honored. ktvu's joe fonzi is there now with someone you might recognize. >> this is the 17th class

inducted into the hall of fame. 5 new members going in. the 1992 women's gold medalist in figure skating. i have talked to other people who have been inducted, they say when your home town folks recognize you it's a bigger honor. >> our community, it's always nice to come home and come full circle and, you know, i love it here. and i am still a huge sports fan here in the bay area. >> reporter: what is it about this part of the world and ice skating? >> i don't know. we were partners for 7 years. you know, all of us had different coaches growing up. you know, there is debbie

thomas, peggy fleming. so it is -- so it's a hot bed. we are hosting the u.s. national championships coming up in january here in san jose. so that will help the tradition continue. >> quickly, you are always in the hall of fame, have you thought about how this might hit you tonight? >> well, i -- you know, my whole family is here. it's a really, really special night, especially with the inductees going in as well. it's going to be emotional but, you know, it's a proud night. >> reporter: thank you for talking with us and congratulations. christy yom gucci. -- joe fonzi ktvu channel 2 news. some of the stories we are working on for ktvu channel 2 news at 6:00. >> a fugitive for 40 years, the former member of the black liberation army is set to

surrender tomorrow. plus slightly better but not great, the good and bad news in the battle against childhood obesity. and adobe loses the fight over flash. these story in 10 minutes. >> a sure sign the holidays are approaching. ice skaters tried out the rink this morning. it will be open every day. tickets are between $6 and $10. and you can rent skates for $5. well, let's talk about the weather. bill, rain is on the way but maybe changing? >> changing its track a little bit. friday looks as show it is not going to be a lot. that's good news. tomorrow it's off shore. tomorrow is a nice day. few clouds, increased temperatures tomorrow.

lots of 60s. tomorrow is a nice day. here is the system i am tracking. it dropped south. its main energy is towards monterey. that doesn't happen a lot that we are on the north end. it happens. the main rain and wind, south of the area. what we will see on friday is scattered showers, on and off throughout the day, doesn't appear heavy. inland, concord, livermore, you may not see anything. san jose will see more. how the model plays it, thursday 5:00, showers off shore. there we are 9:00 a.m. on friday. right? there is north bay. clear. dry. showers moving on shore here. 3:00 p.m., scattered showers, and gone. and you know what? bay area weekend doesn't look

half bad. highs tomorrow 60s. warmest day of the week. we could, clouds. five-day forecast, cloudy, the bay area weekend looks dry. your party will be fine on saturday. friday is not a washout day. little wet but not a washout. >> thank you. rush's mission to mars is in trouble. yesterday the rocket lifted the space craft into low earth orbit but the rocket failed to fire. russian space officials are trying to fix the problem. if they fail it will crash back to earth carries soxic propellant. internet for $10 a month, who can get in on the new program. fightin'ing details about which dangerous item is being found

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shop. local cost access may be available for low income families. they unveiled a plan to allow families to surf the web for $10 a month. the agreement will provide those families with computers for $150. tsa screeners still find guns every day. during a hearing today, they said the travelers aren't focused on protocols. >> they find guns each day. >> incredible theverters say -- coming up in 90 seconds, he

pleaded guilty to assault a police officer 40 years ago, but then he disappeared. why he is now set to surrender. and at university of california at berkeley where protesters are facing off against police.

. we have a winner. what the new mayor of san francisco had to say minutes after the voting results were released. >> he has evaded police for 40 years but tomorrow he will be behind bars. the reason he is turning himself in now. complete bay area news coverage starts right now, this is ktvu channel 2 news at 6:00. >> good evening. i am julie haener. >> i am frank somerville. a former member of the black liberation army is set to surrender 40 years later. >> rita williams is live with more. >> reporter: tomorrow morning a man who has alluded police for 40 years says he