a solem procession carries a flag draped police officer. good evening i'm julie haener. >> and i'm mike mibach in tonight for frank somerville. there's a small but growing memorial tonight outside vallejo police headquarters following the death of a veteran officer. james capoot was married with three daughters.

capoot once served with the marines and had been on the vallejo police force for the last 19 years. we begin tonight with amber lee and tonight's outpouring of sadness and grief, amber. >> reporter: mike people have been stopping here at police headquarters all night leaving flowers, candles and a balloon to pay tribute to the fallen officer. we've learned that officer jim capoot loved people in this community and reached out to them in a way that makes this loss deeply painful. around 6:30 tonight at kaiser hospital in vallejo, the body of officer capoot was taken away in a flag draped casket. a somber salute to a man who served the police department for 19 years. y ears. fellow officered were lined up and tried to console each other over this devastating loss.

not far from the hospital, students at vallejo hospital received the news about capoot death. the officer had led their women's basketball team. students told us capoot's impact was great he was much more than a coach. >> he was like kind of like a father figure to some of the girls that doesn't have their father there like on the team. so yeah he was a good coach. >> reporter: students told us capoot had three daughters and that he also adopted a friend's two children after the friend died in an accident earlier this year. >> i just want to say i'm sorry to his family, because my coach, he was almost going to die while we were praying for their family. i just want to say i'm sorry for their loss.

>> reporter: some said they had known capoot because he also helped out as a patrol for their schools. we go to debra villalon, she is on the street where officer capoot was killed. >> reporter: where one suspect was arrested -- and where one suspect was arrested. we're on janice street. you can see still quardened off. >> they went in and tore up our drawers, there ain't nobody in a drawer. they were tearing up our beds. >> reporter: and when one man ran away, capoot ran after him.

>> officers who were arriving just moments later heard several shots fired. >> reporter: they followed those shots to find jim capoot gunned down in a backyard. a long time instructor with s.w.a.t. experience and many medals for valor he never returned fire. >> we're a small police department now and we're a tight family. >> reporter: it's a force of 90, shrunk by budget cuts. six officers all solo were covered the city today. >> we have one person in custody. >> reporter: police will not release anything about the man apprehended. although searching has eased a relief for ransacked residents. >> i know they are mad, they lost a fellow brethren but we didn't do it. >> reporter: flags are lowered at city hall where we were briefed tonight. and here in the neighborhood only people who can prove they live on this street are getting in as this investigation is

still very active. it has been almost 12 years since this city lost an officer in the line of duty. we're live in vallejo, debra villalon. >> during capoot's 19 years in the service, he received two medals of valor. in the late 80s he served in the marine corp. capoot is the fourth vallejo officer lost in the line of duty. >> people have been posting condolences. conner posted, thank you for your years of self-less duties and protecting us while we sleep at night. denise jackson smith writes, officer jim capoot thank you for your unselfish service, may you rest in peace. you can post your condolences

by going to the ktvu facebook page. a rally outside of city hall attracted more than 100 people. in the plaza about 20 to 25 protesters have been camping out including sean o' kelley who has been perched on the roof. they plan to see the protest to the end and do not intend to leave the plaza any time soon. >> we're going to keep occupying this area until we feel that justice is being served economically in our country. >> reporter: organizers say they will set up more tents and if police come to take them down then they will just do without to keep the protest going. occupy events took place all across the nation today marking two months since the first camp went up toward wall street. in marin county, young people, middle-aged and senior citizens added their voices to the

occupy movement with a chant, banks got bailed out, we got sold out. one woman said while she's been lucky in her life, she's worried that her children, grandchildren and great grandchildren won't be as fortunate. students made sure everyone saw their message, they made a big sign carried with balloons that floated over the plaza, they also floated an inflatable tent. police arrested two men, tonight about 200 occupy protesters held a general assembly to talk about the possibility of a new encampment. more arrests tonight in new york city on a day of running clashes between police and protesters. that in nine minutes plus occupiers in san francisco learning their camping days may be over.

36-year-old francisco ramos allowed himself to be arrested after police dismantled the encamp. authorities determined his student visa was no longer valid and have ordered him to appear before an immigration judge. friend say he is a community activist. he dropped out of school three years ago. 25-year-old shatara james and her sister leticia were charged of leaving their young children in the home with candles burns after the electricity was turned off. the jury decided against the more serious charge of second degree murder. charges against leticia james were dismissed but could be refiled. the california supreme court ruled today supporters of

proposition eight have legal standing. both sides agree the constitutionality of the ban will be decided on the merits of the case and not a constitutionality. jana-- >> reporter: that's right it all boils down to this, the state supreme court here clearly stateed in this ruling that any valid measure passed by voters can be defended in court by their supporters. even if the state's top officials refuse to defend it. the state supreme court's 61 page ruling was unanimous today. stating that proposition eight supporters have a right to defend the voter approved same- sex marriage ban after it was found unconstitutional. >> we're just really delighted because the supreme court you know has unanimously reaffirmed what we've been saying all along. prop eight supporters had taken the battle to the federal

ninth circuit of appeals because governor jerry brown refused to do so. the question was could that be done. the supreme court ruled, we conclude that california law authorities the official proponents to appear in a proceeding in the initiatives validity and to appear a judgment in validating the measure. >> now we go back to the court and they have to argue merit. >> ultimately what they said is it comes down to a matter of procedural fairness. >> i think what's great about the ruling today is it hazens the whole process toward reaching the merits of the decision and the constitutionality of prop eight. >> the state's ruling today now sends the issue over to the u.s. ninth circuit court which has no timetable. it's likely any decision there will be appealed to the u.s.

supreme court. reporting live in san francisco tonight, jana katsuyama, ktvu channel 2 news. one of california's big lettuce producers will announce the recall of bagged lettuce salads. the recall of ready pack romaine were sold at traders joe, ralley's and other stores. the consumer should take note of the date and the upc code to get a refund. the product itself should be thrown away. if you would like to learn more about the lettuce recall and the store go to ktvu.com and scroll to the web link section. you will find a link to the fda web page. the rain returns to the bay area and this is just the beginning. in eight minutes what to expect tomorrow. millions of the dollars collected by restaurants and others but where does the money

go. at 10:30, ktvu investigating, san francisco's surcharge and you may not like what we found. but up first -- >> reporter: officers from all over one county are teaming up to go after gangs. a special look inside the operation and what they're finding more of than ever before.

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right now a special law enforcement team from san mateo is back on the streets. the team is back out to search for gang members before they commit their next crime. amber lee spent the entire night riding with officers to see how the effort pays off. >> reporter: a traffic stop for expired registration outside of redwood city -- >> you buys are baking. >> what do you have there you just put in your pocket with your left hand? >> reporter: led to exactly what police were looking for. it won't be their first or last time with san mateo county with more than 1,800 gang members. they invited us to go out with the forces that come together to make up the gang force. this first night started with the search for a wanted gang member known as biggie. >> just kind of stick close to us and see what happens here. >> okay. >> reporter: this search turned

up empty, the team found more than expected while doing a probation check on a man at this apartment complex. >> is he doug? >> yeah. >> can you tell us what she flushed down there. >> reporter: despite a collection of pipes, no one in the home admitted to having drugs. outside officers found a second man on parol who was living in the same apartment. >> we only had information that there was one here, so we will add the information. that might be a violation too to have both in the same spot. >> reporter: when officers watched a drug deal, they arrested this man who was already wanted on driving on a suspected license. so far this year san mateo county has taken 35 handguns off the street. davis says this team is a critical part of that success. >> most of the people we come in contact with are gang member

who is have a history of violent crime and the type that are going to use this weapon. every time we take one of these off the streets we're avoiding some type of crime involving a crime down the road. >> eric rasmussen, ktvu news. hundreds of university -- cal state rallied in a strike today. >> we're being asked to teach classes that have hundreds of students in them. we're not equipped to do that we don't have the kind of resources to do that and it diminishes our students the education. >> while the rally was noisy,

it did not disrupt classes. back now to our continuing coverage of the occupy wall street movement. protests and clashes in new york city have been going on all day and into the evening. >> we are the 99%. >> reporter: thousands of people including hundreds of union members gathered in downtown manhattan. police made more arrests late today bringing the total number to 240 for the entire day. after a rally, protesters marched across the brooklyn bridge. one demonstrator, a software engineer says the movement is in a critical moment. protesters tried to get past barricades. the -- a 24-year-old man was injured and an officer needed stitching after he was cut with a glass. many of the arrests came when people refused to leave the bank of america plaza in the

financial district. this was the second major demonstration of the day. earlier mostly union members blocked traffic on a downtown street. city leaders in san francisco are still trying to figure out how they will deal with the occupy movement. the city wants it gone but it has not made it clear we when or how that will happen. >> reporter: hours after the city issued violation notices, targeting the sf occupy movement. >> we're covering all our bases. >> reporter: mayor lee said that the camp has repeatedly broke promises. there are now about 200 tents. the city says it spent $635,000 to police the protest and inspect and clean the plaza.

>> our health director, public works director, human services director have all confined this is not healthy. >> reporter: not said is whether police will step in soon. >> if they give us a notice they can't come back the next day and be like, we're here at 4:00 to raid. they have to give us more notice. >> reporter: she says occupiers have worked hard to meet city ordnances. >> if we want to be an associated movement we need these tents. >> reporter: a possible raid on the encampment come as merchants along the embarcadero say they are worried about how the protest will affect the oncoming holiday season. david stevenson. tonight members of occupy san francisco held a training session for what to do if and when police raid that encampment. one man showed them how to lock

arms together, another occupier said the goal was to respond nonviolently while maintaining their right to freedom of speech. in a few light showers out there to the tune of .4 of an inch. very light shower, both radars working right now. no rain showing up but there is some light drizzle showing up in some of the north bay valleys. that's how it goes tonight. here's how it goes tomorrow. we're looking for, this is the computer model it takes us into tomorrow morning. your morning commute looks relatively dry. watch as we go through the morning hours. napa you have showers, santa rosa, you see how widely scattered that is. that's how tomorrow goes. 1:00, widely scattered shower, you go to the afternoon commute, low widely scattered showers. not a big rain event but keep the umbrellas handy.

back here at 10:45, we'll look at your weekend. tonight was the official lighting ceremony for giant led snow flakes on market street. it is the fourth year for this holiday illumination. every year the city adds more snow flakes. there are now 162 flakes on 81 of the historic lamp posts. just in time, troops are coming home from iraq for the holidays. we are there when they reunite with their families. and what caused this geyser over san francisco union square tonight? big! big.

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francisco's union square. a construction crew works on the central project mistakingly hit a water main at about 5:00 this evening. the crew managed to shut off the water and repaired the break. federal prosecutors today charged an idaho man with attempting to assassinate president obama or members of his staff. oscar ortega hernandez believes the president is the anti christ and needed to be killed. last friday night shots were fired at the white house and a window in the living quarters was hit but nothing behind it. a car was found near by with an assault rifle inside. the secret service says republican presidential hopeful herman cain is getting protection. cain requested secret service protection. cain has received death threats. his campaign would not comment on the threat.

as the u.s. military moves ahead with its withdraw from iraq by the end of the year, more and more soldiers are starting to come home. and as ktvu's rita williams reports, one such homecoming today comes at a meaningful time just before thanksgiving. >> the season of homecoming has begun 40,000 u.s. troops in iraq returning home for the holidays. >> check out that rainbow over the plane in stockton carrying 100 of those military men and women today. >> thanks, guys, thank you. >> reporter: straight into the arms of the people who love them most. >> i love you. >> it feels great. feels great. i'm real excited to be back. spend time with my family. >> he got to see her grow up with skype, i'm just so grateful for technology. it's tough, it's tough. but i'm plaid he's back. >> you step off the plane and

see your family, it's hard to fight off the tears. some of the 500 soldiers returning home across the state today after a year in iraq. >> a year is a long time for robert dornap and his fiance angela bruno. childhood friends who recently reconnected they plan to mary next year. >> that is the ring she gave me. espinosas's family was late. everyone else reunited and headed home. he waited alone. >> they are almost here. >> he said it didn't matter waiting minutes or hours, that just made the reunion everyone sweeter. >> they made it. >> they did. 2% sometimes 4%. it adds up to millions of the dollars. the ktvu investigation into san francisco's health care surcharge and why most of the

money goes right back into the restaurant owners pocket. later, a major blow to rail ambitions. we're ask if it will derail the project. [ female announcer ] this is the story of sam, who made an unexpected arrival. [ woman ] he was 4 months early, weighing 1 pound, 12 ounces. [ female announcer ] fortunately, sam was born at sutter health's alta bates summit medical center. [ woman ] the staff was remarkable. they made me feel safe, trusting, cared for. [ giggles ] they saved his life. i owe all of them my son. [ female announcer ] alta bates summit medical center and sutter health -- our story is you.

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♪ let me go down in the mud where the rivers... ♪ [ female announcer ] when you're responsible for this much of the team, you need a car you can count on. ♪ frank is -- san francisco is known for its restaurants and often a fee tacked on. but in tonight's special report, ktvu's healther holmes found out a large chunk of that money never goes to the employees. >> reporter: have brunch at cafe desami and you will pay a surcharge. you will see the fee when you

grab lunch at luna park. and the extra cost in the name of employee health care will be charged for your dinner. only a fraction is being used by employees. >> that's insane. and i have to rethink whether i want to be spending my money in that place. >> reporter: ktvu requested records to see if the restaurant was meeting standards. the three restaurants we mentioned set aside $165,000 for health care reimbursement accounts. but we found less than $2,600 went to employees. >> i think that it is simply wrong for businesses for these

restaurants to charge consumers for health care when in reality they are not providing it. >> reporter: supervisor david campos was shocked to learn that $50 million the company has earmarked into special benefits did not benefit workers but went back to their bosses. >> i think that's outrageous. >> reporter: under the san francisco law employers are required to spend a certain amount of health care for employees. they can meet the requirement in three ways. purchase health insurance, or contribute to the health reimbursement account. >> you only reimburse your emplees $900, is that fair. >> reporter: some put restrictions on how the account can be used. we found one employers funds that says it cannot cover dental or visual expenses leaving a lump sum unused that employees can scoop up and use for anything. >> spend mean spend doesn't mean keep it in an account and

pocket it at the end of the day. >> reporter: while businesses can spend the unused funds however they want, they can also set the surcharge as high as they want. here at the way fare taverns patrons pay an additional 5%. >> i assume it's been monitored by someone and it's being taken care of. >> reporter: actually the city has no power over the surcharges or how they are spent. at zazi at cole valley. jennifer piot does not use the use the money for her employees. instead she does what many others do, she buys health insurance for her employees. >> today when we walked through

the restaurant every single employee you saw had full coverage health insurance. i think that's a great thing to be able to offer people. >> reporter: legislation was approved with a final vote next week to tighten guidelines and allow more time before an employer can cash in on those surcharges. in san francisco, heather holmes, ktv you -- ktvu channel 2 news. the results officially declare ed lee the winner of the mayor's race. george gascon remains the city's district attorney. and macarini has been elected as the new sheriff. lee received 60% of the vote. gascon had 62%, mercarini received 53% of the vote and will be sworn in in january. ultimately city voters did not support measure eight the nonbinding measure called on san francisco public schools to change the student assignment system in favor of children attending the school nearest

their home. when all the ballots were counted the measure was defeated by 115 votes. the b.a.r.t. board of directors inched closer to going into the bus business. the b.a.r.t. board says it wants to find a way to extend service for bay area residents who work late or in the early morning hours. some b.a.r.t. officials say a few issues have to be addressed including how to pay for the bus service. b.a.r.t. passengers can look forward next year to riding on new seats. the b.a.r.t. board of directors voted replacing the seats with vinyl seat covers making them easier to clean. if riders say they like it another 100 cars will be outfitted with the new material which is said to last three times as long as the current fabric.

energy secretary chu replaced to apologize to the now bankrupt loan to solyndra. republicans grilled him for hours. he insisted politics never played a role in the loan as some have suggested. >> i want to be clear over the course of solyndra's loan guarantee i did not make any decisions based on political -- on wall street markets closed lower. the dow dropped 154 points. lower technology stock earns

were two of the lowest. yelp was founded back in 2004 and has yet to turn a profit. but the company is said to be valued at about $1.5 billion. gap's profits took a dive dropping 36%. the san francisco company is closing stores in the united states. for this quarter its revenue dipped 2%. however the company earned $136 million. she drowned after a night of partying and now a major new twist in the death of west side story actress natalie wood. i'm back here in less than 10 minute, i'm going to show you the computer model that takes you into the bay area weekend and it does show some rain. and colombian coffee

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inside detectives are taking another look at the drowning death of actress natalie wood. the agency is reopening the case after receiving additional information. no details were provided but a detective plans to give details tomorrow. the actress drawned after a night of drinking with her husband. coroner's official ruled the death an accident. oakland police are investigate ago sexual assault that reportedly happened four blocks from highland hospital. the victim was walking home from work at about 2:00 tuesday morning on 13th avenue near 25th street. investigators say a man approached her and may have

attempted to rob her first. oakland police are asking anyone with information to contact opd. danville police are again asking for witnesses to come forward following a fatal wreck on sycamore valley road. a mother and daughter were killed. a walnut creek man driving the pickup survived. police need witnesses to help investigators piece together what led to the crash. in the south bay, four reputed gang members have pled guilty to a vicious attack on two san jose middle school students on halloween of 2009. eric diaz, hugo torrez and diego gutierrez will be sentenced. eduardo cristobal was also 18. the four were charged in an attack that left a 12-year-old

with a near gunshot wound to the head, a 13-year-old suffered several stab wounds. in news of the world tonight, in athens young people wearing masks fought with police. police detained about 60 people. the day started with a large march marking the anniversary of a bloody student uprising in the 1970s that was put down by a military dictatorship. the anniversary traditionally has turned violent. in bahli president obama arrived for a summit. he wants to promote american interest part of that is boeing's 35,000-dollar deal to sell 737s to an indonesian airline. farmers say climate change has led to unusually heavy

rainy seasons which led to the fungus. it's ruined 40% of coffee crops. colombia is the top producer of coffee beans. congress has killed off funding for high speed rail for next year, it's that enough to derail california's plan for a bullet train? >> chief meteorologist bill martin is looking at our weekend weather, . xa

congress voted today that they were using $9 million for high speed rail. lloyd lacuesta tells it's a

sign that the project could be derailed. >> reporter: if high speed trains from san francisco to los angeles become reality, it might have to expand. three years ago californians voted $9 billion in bonds for high speed trains. but the estimated cost of $45 billion has now ballooned to nearly $100 billion and a projected completion date of 2034. >> as much as i would like to have a high speed rail line, never been convinced that it makes financial sense. >> if it means high speed rail over education, i pick education over the rail. >> reporter: the feds have given california nearly $4 billion so far to build the

system and today's cuts will not affect next year's plans construction. but it is a preview of what lies ahead. >> this is just one more indication of how unrealistic high speed rail authority plans are. >> what congress did today creates even more uncertainties about future federal funding. >> it's definitely a sign. but unfortunately california is going to have to decide before they get any more signs about whether there's going to be a commitment. >> reporter: legislators are scheduled to take another look at this project early next year. supporters continue to say the jobs will be created over ride financial concerns. live in palo alto, lloyd lacuesta, ktvu channel 2 news. the federal government avoid add shut down today with the passage of a temporary spending bill. the senate approved the bill in a 70-30 vote shortly after it was passed in the house. the measure will keep the government running through

september 19th to give them time to catch up on their budget votes. the sale of the crystal cathedral to the dioses of orange, the sale is to help the diocese. it comes after a bidding war between the diocese and orange county. the church plans to unite the site for a cathedral. a price dispute between crab fishermen and buyers is keeping both tied up to the docks. the crab season from sonoma county south opened yesterday but fishermen are refusing to go out until a price is agreed upon. fishermen are asking for $2.50 a pound and buyers are offering $2. the season north of sonoma county has been delayed because the crabs are too small. the japanese government sent representatives to san francisco with a message they wanted to show there is no

reason to avoid japanese food products. to move their point chefs showed off some dishes at yoshi's restaurant. there has been concerns that food was contaminated by the nuclear disaster and tsunami. >> we want people to know everything is safe. our food pricks are safe, to tell people not -- our food products are safe, so people should not worry about that. and welcome back. live storm tracker 2. we're looking for rain out there. you see areas of green up in the sacramento senior sa -- sacramento valley and the north bay. light showers on the roadways out there right now for many of us. more showers in the forecast for your friday. and then again on sunday,

here's how it goes. definitely cooler you notice that today. this cool air dropped in just this afternoon you noticed the clouds increase. tonight let's keep a chance of light sprinkles in the forecast. tomorrow that cool air just further pushes south and as it does we're looking for showers to develop within this cold air mass. we're looking for snow in the mountains down about 3,500 feet certainly by tomorrow night. temperatures definitely in the 50s not in the low 60s. that's your tomorrow. as we head toward your bay area weekend we'll go up north here. i will show you the system i'm tracking. this entire system, it's very cold air. it's going to drop south. as this whole low drops south it's going right down the coast. i have something in my throat. sorry about that. it's going right down to the coast. the latest computer model says it's going right down the coast right by us. here's the way we have to do this. i have no confidence in the model right now and how it drives that thing south.

right now we're going with showers tomorrow, for your bay area weekend clouds are cooler. sunday a chance of showers. saturday night into sunday. but a slight chance that's how it goes right now. you have to tune in tomorrow night or tomorrow morning steve will be here. the news models will come in. that's your afternoon commute. light rain. saturday morning looks dry. cold though, cold this saturday morning. saturday afternoon, saturday evening there's the rain up to the north. watch this, here it comes down the coast. normally it would drive through. just about 2:00 in the morning on saturday night or sunday morning. watch this, this thing drives back and goes boom. goes south, i don't know if that's going to happen. your forecast highs tomorrow are going to be on the cool side. your five day forecast, we have sprinkles in the forecast tomorrow. wet roadways for your friday afternoon commute. your bay area weekend in view and you can see right there i have a chance of showers on friday and temperatures on the

cool side. those models have to come together so we can dial in your saturday night and sunday. right now it's still out. >> and it looks like it's going to continue on to next week. >> wednesday night into thursday. >> we have the big game, niners on sunday. sanford and cal. we have a lot going on this week -- weekend. come back tomorrow night and i'll validate. >> actress demi moore says she's ending her marriage to actor ashton curber. she says in part, i have decided to move on with my life. moore is 45 years old, cutcher is 33. a tahoe traditional with a new purpose. how the tahoe queen is being used not in the summer but during ski season.

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a famous late tahoe paddle wheeler is starting winter service for skiers and snow boarders. the tahoe queen seen here in a summer race with her sister ship is set to make two trips a week at the south shore of the

lake to north star the north shore. this all starts on january 4th. all right mark ibanez join us now. it's a good night to be a sharks fan. >> it's a good time any timeful it's just one of the class franchises around. year in year out. two of the nhls elite acts colliding tonight. red wings and sharks but only one has come out on top over the last several meetings now and that would be san jose. five consecutive times now they've bumped off detroit. the shark shorthanded thornton to the other joe, povelski his tenth of the year. we have 1-1 that seemed to pump the sharks up after that. this time the rifter, it's big snow thornton off the break. and they lead 2-1 and for good. three minutes later celebrating probably the game of his career. mark vlastic will go around the net to cram it home.

he had three assists. that goal, sharks collect points on six games on this home stand and they head out on a two game roady now. and frank gore may start, he says his knee is fine he'll be ready to go against arizona come sunday. as for the raiders, a trip to minnesota is on a flight plan. the vickings fresh off a pounding. the vicks is 2-7. >> i don't think you lick your chops at all. especially when you're playing in minnesota. it's a very difficult task, it's a group that we have to stay on and continue to block until the whistle is blown. we've all got our jobs cut out for us this week. >> converting new believers it seems every week, it's tim

tebow's broncos thursdays night football in the mile high. mark sanchez oops, picked off is the jet's quarterback, andre goodman bringing it back. tebow takes denver 95 yards. he turned 57 of them. he led them to what would be a touchdown. and you can rip him if you want but tebow just seems to win one after the other. the giants agree with this one. i don't think they scored more than a run or two off him all yearlong. we're talking about clayton kurshaw. the untouchable, 21-5 record with a 2.28 era. giants will have to face him for a while. he's just 23 years old, tim lincecum finished fifth. and -- fifth for the cy young award. that's the sporting life for

now. thank you for trusting ktvu news. we will see you the next time news breaks. >> the morning news begins at 4:30. remember we're always here for you at ktvu.com and mobile ktvu.