them with pepper spray. >> one of the most painful experiences of my life. i couldn't see. i was disoriented. it was -- can't describe it. >> reporter: two officers were placed on paid leave after the incident. this morning the chancellor announced the police chief was put on leave. many want the chancellor to resign. >> i am here to apologize. i feel horrible. >> reporter: she left the stage chants of resign. some say the message of theorally protest has now changed. >> originally it was in support of berkeley and tuition increase. we are losing sight of what is going on. >> she was allowed to speak but followed by people yelling at her to resign. one action the group here did

take was called for a general strike here on the university of california at davis campus on monday. in davis, ken pritchett, ktvu channel 2 news. john issued a statement about the police pepper spraying at university of california at davis saying a i am appalled by the way students at university of california at davis were treated. police should know better than to pepper spray peaceful protesters. he saformer university of california reginant. police moved in and removed the occupy encampment from snow park. they gave protesters time to gather their things and leave. >> they asked us politely with no harassment, they gathered together in groups, offered to help us, make sure we could see. >> workers brought in trucks to

remove personal belongings. a few protesters remain but all of the tents were gone. in san jose protesters is keeping up the presence across the street from city hall and will hold another gathering in an hour. there were 7 people and they will keep demonstrating till the city gives them what they want a permit to move their protest to the plaza in front of city hall. they also say they will keep the protest on the move. >> city hall may stop us from being stationary but they can't stop a mobile occupation. >> the protesters who spent 26 days on top of a building came down just before midnight last friday. will they stay or go? at 5:30, rob roth tells us what the san francisco protesters vowing to do if the police shut down their tent city.

the former bart police officer convict offend killing a passenger was in court today for a new trial. ktvu's rita williams is here to explain why johannes mehserle actions are being scrutinized. >> reporter: it's the first public appearance that he made since being released from prison 5 months ago. >> johannes mehserle convicted for shooting and killing oscar grant is now defending himself along with four other bart police police officers in a lawsuit by aortpassenger six weeks before the fatal shooting. he says the officers used excessive force and violated his rights that bart station november 2008. >> i got a black eye. >> reporter: on the way to jail johannes mehserle and another officer took him to the

hospital where he was treated. >> johannes mehserle turninged and said have you learned not to mess with the police. and i stated to him all i know is you beat me up. >> reporter: he cursed at the officers, he says he did nothing but use his freedom of speech. bart counters witnesses say he refused to leave, approached one of the officers yelling threats. resisting arrest charges were dropped after johannes mehserle was charged with killing oscar grant. >> what happened to him was a violation of his rights. >> couple of hours ago a jury was picked to decide whether kenneth carrethers' rights were violated violated and if so how much part has to pay. rita williams, ktvu channel 2 news. a teenager was sentenced to life in pris won the

possibility of patrol in the shooting of a ice cream truck vendor. he pleaded guilty for the shooting. she survived the shooting. he is charged as an adult but was 15 at the time of the shooting. he will be eligible for patrol in 17 years. the super committee admitted failure today as the deadline came and went for them to come up with an agreement. today president obama placed the blame on republican lawmakers. >> they continue to insist on protecting $100 billion worth of tax cuts. at any cost. even if it means reducing costs to education and medical research. >> the job was to find 1.3 trillion dollars in spending cuts over 10 years but they couldn't overcome a divide over taxes and spending. under the budget deal, failure

would trigger a trillion dollars in defense and domestic spending cuts in 2013. the president said already some republicans want to renege on a painful deal. >> i will veto any effort to get rid of the automatic spending cuts. there will be no easy off ramps on this one. >> republican senator blamed his democratic callesian. he said they refused to agree on a deal without a trillion kls in job crashing tax increases. in a statement the chair wrote, despite our inability to bridge the significant differences woo end the process united in our belief the crisis must be addressed and we can't leave it for the next generation. at 5:30, ktvu's consumer editor tom vacar talks with taxpayers about the consequences of the

super committee's failure. >> reporter: on facebook we asked what you think about the super committee failing. many people say they aren't surprised they failed. michael waits the people in government need replacing in a big way. shannon says, if somebody can't do their job, fire them like any other job. there are thousands of people out of work that would be happy to do the job. tell us what you think on ktvu channel 2 news on facebook. turning to wast. today the failure of the super committee was heard loud and clear. the european debt crisis also played a roll as the stock market tumbled. trading volume was low, areflecting uncertainty with the u.s. and global markets. here are today's closing numbers. the dow finished down 248.85 points at 11,547.31., the

nasdaq composite index declined 49.36 to 2,523.14. >> home sales were up lastmus but prices were down. that's the report today. sales of previously owned homes rose 1.4%. nationwide, $162,500, down 4.7%. the man accused of willing a police officer after robbing a bank was in court today. ktvu's jade hernandez is live with the new charges he is facing and what happened in front of the judge. >> i got off the phone with the da and we learned his office has special charges along with a murder charge in the case. the da is in a meeting right now. we can show you what happened earlier. we watch as family members of henry albert smith entered the courtroom. no one wanted to speak. the police department were also

on hand. i just learned that the police chief issued a gag order on officers regarding this case as to not jeopardize prosecution. the jung continued the arrangement of henry albert smith. he answered questions and did not look around. the defender filed a motion to exclude media coverage because he says his safety is in jeopardy. the police department lost 45- year-old james capoot last thursday. smith shot him several times while -- before responding officers used a taser on smith before taking him into custody. he was a marine who was on the police force for 20 years. he coached basketball at the

high school for several years. the da says henry albert smith is a fell hoon fired his gun on purpose while lying in wait for the officer. smith has a prior strike against him according to the da as defined under the three strike's law. smith is expected to be in court november 29. the day before the judge will hear arguments for excluding media coverage. live, jade hernandez, ktvu channel 2 news. police arrested a san francisco man on attempted murder charges after he shot and wounded his sister last night in san francisco. investigators say he was upset over family issues and might have been high. he took several family members hostage and fired at his sister hitting her. police arrested him after midnight. hundreds of people lined lined the streets this

afternoon to show their support for the family of a marine killed in afghanistan. officials say 19-year-old james -- joshua corral was killed. he was based in 29 palms. this is him and his mother. he joined the military after graduating last year. the family went to dover air force base where his body was flown. they are met with hundreds of people lining the streets of their home. a vigil is planned for tomorrow in danville. an incredible rescue after a car crashed and caught fire with the driver inside. it happened 1:30 this morning between 12 and 13. ktvu's

>> reporter: seconds before the car burst into flames three strangers freed a man trapped inside. >> the gasoline a lilt bit of spark. >> reporter: around 1:30 a.m. a driver headed eastbound on folsome slammed into a light post. >> the flames were bigger and bigger and bigger while they tried to get him out. >> reporter: a taxi driver and two others ran to the man's rescue. the driver appeared unconscious so they used this poll to ram through the car window. >> difficult to watch. >> reporter: after they broke through the glass a police officer used a knife to cut the seatbelt. >> doing my job. did what any other person would have done. >> without the citizens and

that cab driver, that person would have perished in the fire. phonofoe -- no doubt. >> risky. seen these fires before. an explosion could happen at any time and they tayed with it. the driver is a 35-year- old man. he was taken to the hospital where he is expected to survive. upon his released he will be arrested on suspicion of dui. ktvu channel 2 news. a wiring glitch led to an emergency inside a man hole in san francisco. officials responded to smoke coming from the man hole this morning. firefighters tell us four fire units arrived to assist pg&e. the smoke was caused by a glitch in a small cable.

firefighters announced they have contained the wildfire burning in the friday. it burned 1900 acres. destroyed 32 homes and damaged 5 others. firefighters save 45 other homes. investigators believe 70 mile- an-hour winds knocked down power lines. the board at penn state called on a experienced investigator to help it look into the child abuse accusations against jerry sandusky. former fbi director will help lead the investigation into the charges that jerry sandusky molested 8 boys and whether there was a cover up. >> i have assembled a team of professionals with many decades of prior investigative, law enforcement and judicial who a

completely independent of penn state. >> he is not conducting a criminal investigation but will turnover any evidence to the authorities. the peace corps has new whistle baltimore protection laws today. president obama signed the protection act into law. it's named after a peace corps worker who was murdered in 2009. >> out of tragedy we brought out something that has been positive and will make a big difference for volunteers. >> it requires volunteers receive training and they must hire victim's advocates. aaa is estimating 42 million americans plan to travel this thanksgiving. a live look right now that airport. 3.5% will fly to get to their

destination. that is higher than last year. the cost for round trip tickets now averages $373. that is up 11% from last year. here is a live picture of interstate 80. it is slow going in both directions there. most of the people heading out of town for thanksgiving will be doing it by car. they are expected to drive 50 miles or more. 5.3million in california. why the uptick? it's likely do to demand from families. the prices a thet gas pump are down in the bay area. just in time for the holiday. san francisco, gas $3.84. oakland $3.76. san jose $3.74 a gallon. despite the price drop the

average price of gas is 50 cents higher than last thanksgiving. aaa is predicting the average west coast family will spend $906 during the four day holiday weekend. court is showing support for a agreement effecting california's water supply. it allocates the state share of water from colorado. they tried to convince the judges to sacramento the deal. the third voiced strong support in favor of the deal and water agencies. new data released show green house gas levels surged to the highest levels ever. the green hos gases blamed for climate change reached record levels in 2010. the report is the latest

warning it is intensifying and time is running out. the will be no crab on the menu thanksgiving. they cold ktvu this afternoon all the fisherman gone home for the holidays. they are offering $2 a pound for crab this year but fisherman need $2.50 to earn a living. they say there is no time now. >> weather now, boy did it rain over the weekend. over to our chief meteorologist bill martin. >> more weather in the forecast. more wet weather headed our way. bit of rain and more rain coming our way. portland, that rain and so the north of here. south a little bit. here is the bay area. the showers to the north will slide down into the next 24 hours. we will see increasing clouds.

so not a bad day in the forecast tomorrow. that's the bottom line. what we are looking for tomorrow, dense valley fog. could see a dense fog advisory. i wouldn't be surprised, by the national weather service. they may pull the trigger orn that. north bay valley, doesn't mean you won't get it. high due point. fog forms easily. traffic, lot of folks moving around for the holiday, the fog could be an issue with your driving plans in the morning. as the day gets warmther fog lifts and the visibilities come up. in the early morning hours you will have visibilities by napa, clayton, fairfield, you could see visibilities down to 100 yards, couple hundred yards,

early morning. after that it warms up and the visibility goes up as the fog lifts a little bit. there is the rain to the north. well to the north, you see the computer model, 6:00 a.m., showers. clouds move in. this is tuesday morning. as you are moving around, maybe drizzle showing up in the north bay. not bad. watch what happens. lunchtime it arks up. rain stays north. clouds stay in the north bay. there is the afternoon commute. when i come back i will run the model through thanksgiving. what you will see is rain drop down. back here in a bit. five-day forecast, right at the holiday weekend, obviously and thanksgiving day, which looks to be wet. >> scientists solved a mystery, what they say is killing porpoises trying to get into

the san francisco bay. it's back. pablo picasso is on the wall again in a calorie after it disappeared. how it was recovered and what happened to the man accused of taking it. day three and protesters are still rioting in egypt. the dramatic move the government made today to appease the crowd. ok, you guys wanted a space for entertaining your friends,

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in egypt clashes between protesters and the military continued for a third day. today the government responded to the protests by resigning but the army remains in control. the white house expressed concern over the violence and loss of life. >> important to step back and remember how far egypt traveled this year and it's important that egypt continues to move to make that transition to the democracy that the people of egypt demandded. >> elections are set to begin in one week but no date has been set for presidential elections. a stolen pablo picasso in san francisco and the head of a woman is once again on display. >> we have visitors every day from all over the country.

>> today he displayed pablo picasso's head of a woman. the weinstein gallery drew attention when she disappeared and the threat was outcaught on camera. mark lugo pleaded guilty to the crime and he was sentenced to time served. the defense fought claimings it was worth more than $200,000. >> the gallery purchased it for $120,000, including the fee. >> we got an offer for $375,000, which was more than we were asking for. didn't hurt the value. >> whatever the value, it is back that gallery with extra security. today mark lugo's attorney said

it was a psychotic episode. >> all the other paintings, this was not a man who was fencing. in new york city mark lugo is accused of stealing 11 works of art. terror suspect planned to blow up american soldiers. the mother of jose pimentel told police he was raised catholic and converted months ago. jose pimentel planned to target u.s. troops returning from iraq and afghanistan. the mother apologized to new york today. >> i am upset but he is still my son. >> authorities are not involved in the case. sources said the fbi believed he lacked the mental capacity to act on his own.

coming up, to san francisco where these tents have been staying for a long time but does the mayor and police chief say it's time for them to go? a live report from rob roth up next.

pleat bay area news coverage continues, this is ktvu channel 2 news at 5:00. tonight many san francisco occupy protesters at jerice -- at justin herman plaza are on edge. we are keeping in act contact with the mayer and police. we know of no order to clear out the camp. ktvu's rob roth is live in the city. >> reporter: time could be running out at occupy san

francisco and the 150 tents that are here. the mayor's office isn't saying what its next move will be but a sweep could be coming, others say not yet. still here, many say they expect to city to force them out any day now. >> reporter: a few blocks from here police erected barricades. yesterday they raided the encampment. those who protested here say the raid won't stop then. >> we need to keep moving. we are not camping. >> reporter: ellee allowed it to continue and has been talking with leaders about improving health conditions. occupiers made an effort but the camp is still dirty. >> bath rooms aren't serviced. hand wash stations are not --

no water. little city with no laws. >> no pets here but we saw dogs and cats. the city is imposing conditions on the camp as part of a strategy. >> the city says these things. the point is, they don't want this here. >> you will see it grow. you will see it will be more difficult to manage. >> if the cops come in and tell people to leave they will come back or set up somewhere else. >> reporter: some here say they like to find another location for the protest but nothing serviced. reporting live in san francisco, rob roth, ktvu channel 2 news. oakland mayor announced she is picking a former top aid to

be her new chief of staff. she started her job today. she served as abrown's chief of staff when jerry brown was the mare. the mare said in addition to overseeing the staff she will be a policy adviser. the super committee failed to meet today's debt deadline. ktvu's consumer editor tom vacar reports what that means for people in the bay area. >> reporter: it is part of 10 in the san francisco community. dependent on federal funding. >> bottom line, just operating cost you can't cut. >> reporter: so will 8,000 clients. >> 8,000 patients, end up in emergency room, sicker with

higher costs. >> reporter: those who have insurance pay higher premiums to make up for unpaid services. commonalities, big additional expenses. >> people fighting diabetes and not having their foot amputated. the stock market loss wasn't bigger because they expect the super committee to fail. they have been down trading for days. that is bad for retirement plans. >> if they couldn't come to an agreement after three months will they do much in a year? >> reporter: university of california at berkeley says employers rarely move forward in uncertain times. >> few businesses want to plunk down money, add employees or they are not sure where the ship is headed. >> consumers are not

encouraged. >> reporter: all and all bad times, bad time of year. and you are paying for it. tomconsumer editor tom vacar, ktvu channel 2 news. the post matter general said rescue bills in congress don't give the postal service the flexibility it needs. the leading bills in the house and senate would not allow them to end saturday service immediately and would limit closures. they lost $5 billion in the last fiscal year. it has long struggled because of e-mail and overnight carriers and incurring higher costs for workers. republican presidential canddant mitt romney said president obama should share the blame for the failure of the super committee. >> i would have anticipated the president of the united states would have spent every day working with members of the super committee to find a way

to bridge the gap. but he is doing other things. >> mitt romney announced his first telephone ad will air in new hampshire tomorrow when president obama visits the state. it will compare the president's message with mitt romney's credentials. newt gingrich took swipes that president and congress today. he called the super committee the single bumbest idea i have seen in a long time. he also said it is time for the nation to change its spending habits. >> run around the country with your first credit card and keep giving things away you don't have so you have to borrow. >> a poll show as shift in the republican primary race, newt gingrich in first place. 24% of gop and independent voters back newt gingrich. 20% support mitt romney.

herman cain is third with 17%. rick perry with 11%. rick perry put his name next to a pledge. protect and up hold the institution of marriage between a man and a woman. it is believed signing that document is a must for candidates to get the group's support. michele bachmann and rick santorum already signed it. judge denied a request for testing of new evidence in the conrad murray trial. attorneys want a lab to test liquid found in a vile of propofol that prosecutors say was used to help michael jackson sleep. it could validate the theory conrad murray left michael jackson's bed side. conrad murray is set to be

sentenced on november 29. prom probation to four years in prison. >> natalie wood's center is glad they are reopening the investigation. there were always things that bothered her about her sister's drowning. she was on the yacht. the captain said he lied to authorities about what he knew. >> shoppers are using their mobile phones to find the best deal. the tool one retailer is giving its employers and the move one target employee made today to save thanksgiving. sounded like which with a "b." >> does this doll have a potty mouth? how toys r us is responding.

more retailers are catterring to shoppers who use their phones to buy things. lowes, best buy and toys r us is making changes. using smartphones to research things and making purchases. lowes is issuing 42,000 iphone to its employees so they can help shoppers using the same

time of phone. a target employee delivered a petition to officials that urges them not to open at midnight on black friday. the campaign was started by a nebraska target employee. he got 190,000 signatures. >> i think it's -- you know, it's one of a few holidays left in the country that are observed. >> opportunity to make money, stay in the black. this is what they need to do. the employees should say absolutely we are there. >> a decision to open at midnight was not taken lightly. a survey is suggesting americans feel less confident about their finances and it could effect how much they spend. 37% say they are financial condition is worse than last

year. 19% say it is improving. 41% say they are spending less this holiday season. americans usually end up spending more than they intend. >> what i think this is telling us, people as they go into the season are hoping to spend less than last year, they end up spending more than they did last year. best laid plans go astray. >> the people most pessimistic are those earning less than $50,000 a year. what they say may surprise you. you and me dolls, sold at toys r us. they are interactive. they respond with baby talk. parents say what they heard from one of those dolls didn't sound like something a baby should say.

>> sounded like witch with a "b." >> said how you doing witch. >> doesn't sound like a baby. >> they haven't received official complaints and they are still on store shelves. teens and other young women are having fewer babies these days. the centers for disease control reports a record low for teens last year. 34.3 births for every 1,000 teens. the birth rate for women in 20s and 30s fell but increased for women in their 40s. off the golden gate a string of bizarre thrill killings. are they the result of sexual frustration? we investigate. back here, i got your holiday week forecast, rain drops in the forecast. we will look that five-day forecast as well with your

weekend in view. q

a stretch of a coastal bluff is likely unrepairable. rain yesterday caused a landslide and a hole in that coast line. the ground was shifting at 4- inch as day. some bizarre behavior to tell you about off the coast. dolphins are killing porpoises. ktvu's john if tells us how

sexual frustration may be the reason. >> reporter: researchers don'ts understand this and haven't seen it before. off the golden gate groups of dollens terrorizing mammals. -- dolphins terrorizing mammals. perhaps 60 up and down the coast in the last four years. killed by the unlikeliest of attackers. these are photos we obtained of male dolphins. has flipper flipped out? >> you think of them as peaceful creatures. >> like a friend. >> nice. nice. >> reporter: interesting, it's new behavior. >> reporter: he showed us harbor porpoises in the san francisco bay. he hasn't seen dolphin attacks

here, yet. >> we are seeing female dolphins and calfs coming in to san francisco bay. >> reporter: he told me today male dolphins with high testosterone are forming gangs and attacking the smaller porpoises. >> they want to do their things and have a territory. >> reporter: the attacks come about the breeding season. the dolphins are sexually frustrated. >> natural response. >> reporter: dolphins prefer warmer water. maybe climate change luring them north and now into conflict with harbor porpoises. john fowler, ktvu channel 2 news. the launch of a rover on a mission to mars is delayed by one day. the rover was supposed to blast off friday morning but they

need more time to replace a battery. it is crucial because it's part of a system that would allow them to destroy the rocket if it veered off course. the launch is set for saturday morning at 7:00 a.m. rainy weekend and bill, maybe more rain this week? >> yeah. more rain in the forecast. feels like winter. it's not winter but we have a winter pattern going. snow in the mountain, and rain, more on the ray. san francisco, bay bridge, beautiful scene. looking back towards the oakland area. you can see the green showing up north, that's rainfall. not going to hit us tonight. in the inland valleys, you can see the low lying area here, towards black point, santa rosa, these areas will be prone

for the valley fog. you know where it will be if you live in this area or travel the same route in the winter months. cool overnight lowes. high humidity at the surface, fog. as the rain stays north, we get a nice day tomorrow. clouds moving in. this is the system i am tracking. it's going to have juice. it will hit us on wednesday night. and should be out of here by thursday morning early. a quick mover. that's how it looks. tomorrow, not a bad day. wednesday night, this system starts to show up. we got a chance of showers for thanksgiving. the main impact, wednesday night, right now, into thursday morning. i have to say, models have been gibbing us a tough time, here is the latest model. we will watch the thanksgiving forecast, it's a important

forecast. tuesday 7:00, rain stays north. here comes the line. wednesday, 1:00, here we go, wednesday 5:00. rain is north over night. boom! rain wednesday night, 9:00. and then it's out of here. the timing on that will change. most likely it will stay wednesday night into thursday morning. we will watch that. i will be back at 10:00 and update the forecast. highs for tomorrow. low 60s in the warmest spots. along the coast, 50s. valley fog early in the morning. five-day forecast, with the bay area weekend in view. rain wednesday night into thursday morning. wednesday night. get it out of the way. thursday nice day. over the weekend, the models weren't right on this thing. rain showed up early. so let's watch it. back at 10:00 with the update.

wednesday night, looks like it has rain. moisture. >> thank you. >> get ready. they are coming. >> the latest in the twilight series had one of the biggest opening. "the twilight saga: breaking dawn -- part 1," $139.5 million. more than half of that was on friday. the fifth best movie opening weekend ever. the film earned $144 million internationally. $283.5million total. an explanation for what happens when you swirl wine in a glass. after studying with instruments they came to this conclusion. as the way it propagates the liquid is displaced. the pumping mechanism induced

is more pronounced near the free service and close to the wall that enhances the mixing. the swirling motions stirs the wine. now you know. would you want to know if your child's teacher makes the grade? a & the new reason to hire a certain kind of worker. why employers could be the ones getting paid.

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so, open your eyes and check out your new living room! [ gasps ] honey, the tv's over there! yep, we got you the new at&t u-verse wireless receiver so you can put your tv pretty much anywhere you want. and that stand... anywhere? like, we can put it over there? and that coffee... or we could t it on the patio for watching the game with the guys. or in the kitchen? but, these curtains are... i can't believe you moved the tv. it's like a whole new living room. it actually is a whole new living room. [ male announcer ] the new wireless receiver, only from at&t. now get u-verse with dvr at the lowest price ever. at&t.

president obama today signed legislation that provides companies tax breaks for hiring military veterans. >> just as they fight for us on the balt field, it's up for us to fight for them when they come home. >> in addition to granting tax credits to employers the new law improves job training and counseling programs for veterans. >> businesses pledged to hire 135 more veterans and spouses and today we are giving them one more reason. >> companies can claim a tax break of $5,600 and as much as $9,600 for hiring veterans who have disabilities related to military service. 1million veterans will be entering the work force over the next 5 years.

president obama said he was proud to sign the bill because it represented a moment of unity on capitol hill. it was passed unanimously. the need is greater than ever. the record number of families this charity is feeding this thanksgiving and who stepped in to help the growing need.

. the furry is growing on the university of california at davis campus. the apology doesn't cut it. the man accused of killing a police officer faces charges tonight. the reason officers are staying tightlipped about the case. 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. right now at university of california at berkeley, "occupy kansas -- occupy cal protesters. the group will grow and they will stay overnight. they are not going to pitch tents, they are going to camp --