apr financing on select models for thirty-six months and we'll donate two-hundred and fifty dollars to your choice of five charities. now through january 3rd. breaking news out of peninsula, a freeway assault and police activity has several police officers on the side of went under it. we'll tell you what happened and what it's doing to traffic. >> police are still on scene here in san jose of an officer- involved shooting. i'll bring you the latest in a live interview. >> later this morning, barry bonds will find out if he's going to jail. the reason some legal experts say it's not likely he'll serve time. >> the bags are filled and ready to go! it's the annual grocery bag

giveaway. we'll talk to people in this long line. they'll tell what you this grocery bag means to them. mornings on 2 starts right now! good morning to you. welcome to mornings on 2. i'm dave clark and tori campbell. it's friday, december 16th. right now at 7:00, san jose police have now fired their weapons at suspects eight different times this year. the latest officer-involved shooting happened last night, overnight, in east san jose, and a man was killed. paul chambers is here -- you're at the scene, telling us what led up to that shooting. paul. >> reporter: that, is happened around 11:30 last night, officers still on the scene. they're doing -- we do know what happened, just before 11:30 last night when police came in confronted an adult man.

i have sergeant dwyer here to give us the latest information. sergeant, you tell me police were already in the scene, talk and what they were doing here last night. >> we had a two-officer car part of our special unit patrolling this area e known for high level of gang activity. and they observed an individual who ended up being a suspect, walking on the street, drinking an alcoholic beverage, which is a municipal cold violation. they went to contact that individual, he fled into a residence, officers chased him into the residence, which is known as hot pursuit, which gives them standing to go inside the residence, one ins side one of officers was threatened, and fired one round and a suspect striking him one time was transported to regional medical center and pronounced dead. >> so the -- shooting happened inside a home? >> yes. >> did they threaten him with a gun, weapon -- >> we're not seeing what the threatening behavior was. but we do anticipate by the middle to the end of the day we'll be releasing more

details. but it was very hazardous situation. the officer believed his life was in danger and fired in self- defense. >> thank you so much. sergeant dwyer, here again. they'll be here for several hours working the scene now. this is the 8th officer involved shooting in san jose we'll bring you the latest as it develops. >> thank you, paul. people in san jose are relying on neighborhood watch groups to protect themselves against crime during the holidays. there have been numerous reports about recent car break- ins and other petty crimes. some neighborhood groups suggest removing all valuables from their cars. they also say it's a good idea to keep a porch or outdoor light on and report any suspicious people loitering around. the time is 7:03. oakland police took down the newest occupy camp and this one was on water. protestors set up a small vessel they called aqua pie lake merritt police took out a

boat on the lake and they brought that boat ashore. oakland's municipal code bans private boats on the lake without permission. one of protestors we talked to though says he didn't regret being out there on lake merritt. >> we also got to get a lot of attention from the occupy movement, which hasn't had much of a focus lately. >> the protestors tell us they tried to get a permit to get their boat allowed on the lake but were turned down. oakland wants to prevent any further port protests at least four million dollars in economic activity was lost due to monday's demonstrations. councilmembers have fast tracked a resolution allowing the city to use whatever lawful tools are necessary to prevent further shutdowns. from for more information regarding the utdown and a photo gallery of other demonstrations, go to ktvu.com for our continuing coverage. happening right now, the

oakland police department is getting ready for its annual operation motor santa. this is a live picture right now near the east mall. a traffic officer there is going to be santa's helper for the day and ride his motorcycle through the city, passing out toys to children along the way. he's getting a special police escort as santa should. the toys were purchased with money from the oakland police motorcycle drill team. and in about 30 minutes, san francisco's glide memorial church will begin its annual food giveaway. lane has been out there all morning where volunteers have been preparing for hours. this is a big job, lorraine. >> reporter: good morning. they're doing an amazing job here. as you can see, the bags are already filled. they're ready to go. they've got bread, they've got a turkey in there. they've got pasta, they've got potatoes. you can see the volunteers still lining up the bags here.

and what is new this year is they have this 10. it will be for people who are elderly or disabled, that way the distribution can be a little easier for some of the folks here. you can see how long this line is. it's actually grown quite a bit since we've been here. i would say there's a couple thousand people here at this point. they're expecting more than 6,000 lining up here in the tenderloin area. now, believe it or not, they've had people lining up here since 4:30 yesterday afternoon. of course, people are cold, but they tell us they're grateful. we talked with one woman waiting in line, who said it was the only way she would have a christmas dinner. >> it makes you file good. it makes you feel youthful because i could get my share. lot of people don't have the knowledge to cook, even though i have just a hot plate and a toaster oven. i can still cook and feed other people. >> pretty awesome lady.

she said that is the true meaning of this holiday season. now, you can see the traffic here is a little different this morning. there are some streets blocked out here, ellis between taylor and jones is completely closed down, and over here on taylor there's also some barricades up. there's also an extra police presence this morning. so if you're going to be commuting in the area, want to make sure to either avoid this area or give yourself plenty of extra time. reporting live, lorraine blanco, ktvu channel 2 news. >> thank you. the state has completed the first phase of its project to track deer along highway 280. researchers captured 14 female deer and tagged them with gps collars. caltrans is funding the study. there have been about 100 deer collisions with cars on the stretch in the peninsula. the collars will fall off in about six months. researchers will tag more deer, though, in the future.

sal, the last time we talked you were following wild police activity. >> yes, it turns out that the police got the -- chp got there on 101 and put two people into custody, southbound 101 at willow. before that, they were worried so they ran a traffic break on 101, to keep everyone away because reports were that two people were fighting, one had a tire iron, one had other sort of weapon. so this one -- garden variety pushing and shoving. this was serious, and the police arrived. they sent plenty of officers there, sirens, to now they're towing cars. and this is what you shouldn't do because you perhaps were driving to work and now they're going to jail. let's look at some live pictures. this is a look at 880 north and southbound, traffic is moving along relatively well in both directions here. and think you'll be happy with the south bay commute. so far we're looking good off highway 17. let's go to steve. >> thank you. and a very happy friday

morning. little breeze here, some of the higher elevations, surface not too bad. but gusts 60 plus mount diablo. after that 25, 30. some locations in the oakland hills, seems to be dying down at the surface. our system is in southern california so we're getting east-northeast breeze. there's even patchy fog, lows 20, 30s and 40s so clear fog, some wind, but again it's not everywhere. just localized. 48 to 56. just sunny, wall-to-wall sunshine today, looks good. 54 to 62. if that northeast please continues, it's towards fairfield and vacaville. even stockton has gone calm. san jose southeast at 6. oakland and 29 degrees at santa rosa. and fairfield 36. they were 50 with that north wind, the temperatures plunges. lot of mid-30s. redwood city 35. 37 san jose. 35 for san rafael. mill valley as well.

pleasant hill 32. gilroy 33 some of more 30s than 40s or 50s. if the breeze is there, it's in the 40s or 50s. in southern california rain down towards the desert, also san diego. that will hang out for the weekend. for us result is a breeze and only patchy fog. any breeze wipes out that fog so there's not a lot of it to go around. but high pressure built in. cold mornings, 30s and 40s. windy at times, mainly in the hills and valley. it's a dry pattern, very dry. 10 day outlook very dry for us, no rain. 50s, 60s here, some low 60s for a few. that's all as long as that north wind continues. if it tails off, then upper 50s here. weekend looks really quiet. cold mornings, sunny days. breezy here. into next week. >> thank you. a funeral service will be held tomorrow for a college football player from the bay area who died suddenly les week. 19-year-old fred thompson was a freshman at oregon state university. he collapsed during a pickup basketball game last week and

died. oregon's medical examiner says thompson died of an enlarge heart. his funeral is at 10:00 tomorrow morning on the football field at oakland tech high school. the clock still ticking down to where the possible government shutdown. tonight what congress is expected to vote on that will keep the government running. and next up in the penn state scandal, two of the school's top administrators are in court right now. what is being said about the charges they're facing in the sex abuse case.

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good morning. except for patchy fog there's some wind in the hills. so this fog will give way to sunshine today, a little colder this morning. 30s for many. it will be sunny, highs 50s,

very low 60s. there's developing news from russia this morning. customs agents have stopped a shipment of radioactive metal from being smuggled into iran. a radiation alert went off an airport, authorities found 18 pieces of metal hidden in the luggage of a passenger bound flight to tehran. the metal contained radioactive isotopes. gauges recorded radiation levels 20 times higher than normal. a man accused of trying to assassinate president obama is due in federal court today in washington, d.c. for a preliminary hearing. today's hearing will focus on the mental health of oscar hernandez. people who know him say he has been acting strangely in recent months and had become obsessed with president obama. prosecutors say he drove by the white house last month and fired nine shots from his car. one of the shots cracked a window at the living quarters,

but did not break the bulletproof glass. the president was out the town at the time. in washington, d.c. this morning, the house and senate are due to okay a massive budget deal that will prevent a government shutdown tonight. ktvu's allison burns reports even though it's a trillion dollar agreement, this is taking a backseat to the fight over the payroll tax cut. allison. >> reporter: dave, the house and senate are both in session now for the day, and debate is underway on this trillion dollar budget plan that would fund the government through most of next year. it's going to be a boost for the pentagon, veterans programs, and border patrol. but this budget deal also means cuts to the environmental protection agency, cuts to grants for local first responders, and president obama's race top education program. meanwhile, democrats and republicans remain at odds about how to extent the payroll tax cut and unemployment benefits that expire in two weeks.

both sides are trying to sound optimistic about a deal before christmas. >> i think there's an easy way to untangle all of this no i hope we can come up with something that would get us out of here at a reasonable time. >> the biggest sticking appoint is how to cover the cost of the payroll tax cut. democrats are reportedly dropping their demand for a millionaire's surtax, a temporary two-month extension of that tax cut is in the works. talks are underway as we speak. reporting live, allison burns, ktvu channel 2 news. graphic testimony is coming out this morning in the preliminary hearing in connection to the penn state sex scandal. football coach mike mccrery testified he believes he saw former coach jerry sandusky sexually molest a boy in a locker room shower in 2002. the boy was about 10 to 12. mccrery added kuske had his hands wrapped around the boy's

waist and reported reported the accident to joe paterno, and top administrators, tim curly and gary schultz. those two administrators are charged with failing to report the allegations and lying to investigators. they say they will vigorously fight any insinuations they could have done more to report the alleged abuse. a chicago bears wide receiver is facing up to 40 years in prison if convicted on charges of trying to sets up a drug dealing network. sam hurd was arrested wednesday night after meeting an undercover agent at a restaurant. authorities say hurd told the agent he was interested in buying five to 10 kilos of cocaine and one thousand pounds of marijuana per week, to distribute in the chicago area. hurd was given a bag allegedly containing cocaine, and arrested after leaving the restaurant. there are reports that police are in possession of a list of nfl players who hurd allegedly

supplied with illegal drugs. a caltrans worker who was fired last month has filed an appeal in a bid to overturn the decision and it's not the first time. last month dwayne lyles was fired from caltrans from falsifying structural integrity test reports. now he is appealing his firing to the state personnel board. now, 1998, that same board reinstated wiles after he was fired for misusing his state credit card and cell phone. the board ruled it expected that wiles would never again mislead the public. a teenager from stockton proved he is certainly not santa claus. after getting stuck in a chimney. firefighters were called to this home yesterday morning. they could see 18-year-old george herrera's feet sticking out the bottom of the chimney, but the rest of his body was stuck. >> would you guess he had his hands on the edge and released into the chimney, thinking

there would be a nice smooth transition into the house. but it didn't work out that way. >> firefighters had to break part of the chimney out. but they did get george out safely. still some confusion as to why he was in that chimney. his family first said he was trying to sneak back into the house after missing a curfew. but then they later said he was actually cleaning the chimney and got stuck. in just about two hours, oral arguments against the defense of marriage act are set to begin. in 2008, karen and her female partner were married in san francisco. and she wants to add her partner to her health insurance, but has been denied. the defense of marriage act forbids the government from recognizing same-sex marriage. now the case goes to the u.s. district court. a hearing on the state's new lethal injection procedure is also scheduled for today. yesterday marin county judge issued a tentative ruling rejectth new procedure. the judge says alternative

procedures were not given proper consideration. today's hearing will examine that ruling. a federal judge is also considering a separate legal challenge. time is 7:19. if you've delayed your christmas shopping, there may be hope for you. with nine days until christmas, the countdown is on and it may be a good reason to buy your gifts online today. and with mother nature for the weekend? that's next, meteorologist steve paulsen will have an up- to-the-minute forecast. >> traffic on 280 looks pretty good. we have police activity still on 101. we'll tell what you that's all about coming up.

welcome pack. time is 7:22. if you haven't finished your holiday shopping, today could be a good day for cyber shopping. today is the 4th annual free shipping day. at almost 2600 online businesses taking part. some of them will not charge shipping on sales reaching a

certain amount. others are offering free shipping on all purchases, plus discount on the total bill. you can see all of the offers at free shipping day.com. online retailer overstock.com found a way to clear out room in its warehouse when it became too crowd. it held an auction where buyers made bids on palates of unseen merchandise yesterday. some left with furniture and dresses in the same purchase. others had laptops and luggage packaged together. overstocks says it sold 307 palates and took in about $150,000. >> little overstock atover stock! check in with sal, keep a close eye on the commute and slow shots and, sal? >> yes, you suppose people are christmastime give commute based gifts? >> i think that would be a good gift. >> all right. we'll see. balls i think some of our commuters especially if you want to opine on our facebook pain or hit us up on twitter, you can do that.

some of your commute related gift ideas. let's go out to the roads now and i want to mention that police activity at willow has been taken care of. seems like two guys got into a little tiff and one guy pulled out a tire iron and it went south from there. police were on the scene quickly. they don't mess around. they came in, and they ran a traffic break, and they took two into custody. four cars still out there. this is a look at westbound bay bridge. it's backed up for about a 15- minted delay. westbound at -- maybe 10 minutes here. we're getting a little better than -- you can see the end of it, and 880 north and southbound looks good. this weekend, it's the raiders and the lions. plan for the raider crowd to be there all day on sunday. let's go to steve. >> thank you. we do have a little wind convenient in the higher elevations but not at the surface. if anything there's a mix of son and fog here. fog dancing around, and there's enough around so patchy fog, other than that it's cold.

20s, 30s. some 40s, and the system in southern california not going any with. 29 santa rosa to 44 in san francisco. mountainview says 49 that. must be at moffette with a little breeze there because i find it hard to brief they would be 12 degrees warmer than san jose. but livermore that is easterly breeze and they're held up at 44 degrees. see that system down in southern california, so if you have travel plans, palm springs or san diego, that's going to hang on until sunday so they'll have rain down there. we won't. we'll just get sunny, breezy at times, patchy fog, windy at times mainly in the higher elevations. mount diablo taking the bulk by wide margin up to 60 miles per hour but nothing near that gets close to the surface. cold mornings, sunny, mild, warm days into the weekend. maybe even into most of next week. >> okay, steve. it's usually considered a fairly dignified forum. what happened last night as a commonwealth club event and why

some members of the audience were kicked out. >> barry bonds set to be scheduled today in san francisco federal cost. why others say this probably won't, the last chapter in the balco case. >> and into the bonuses if you have a traffic ticket. why the state is giving some drivers a deal. [ terri ] my husband, hank, was always fun.

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former giants star barry bonds learns his fate today. he will be sentenced on one count of obstruction of justice. ktvu's kraig debro is live outside the federal courthouse in san francisco. and lets us know what will be hamming this morning. kraig. >> reporter: tori, barry bonds will be sentenced today but most legal observers don't think he'll be going to jail. at least until his final appeal is heard. the sentence will be handed down to bare bonds today in the federal courthouse, by judge illstop, who heard his case and will hand down the sentence. a jury constricted him in april. the jury was dead locked on three other charges of perjury, and those were declared a mistrial. federal sentencing guidelines call for sentence of between 15 and 21 months. prosecutors want 15 months, a probation report recommends probation. >> the case for him doing prison time is actually not a

frivolous argument. but i think it's unlikely that that is what you'll do, given the range of other options. barry bonds can do more for the community if he is -- doing community service than if he's in jail. >> bonds testified in 2003 that he never took steroids. "that he knew of" and two other people closely associated with bonds were convicted in the same courtroom of steroids related offense. greg anderson spent more than a year in jail for refusing to testify against bonds. and anderson got his -- from victor conte. >> as i said numerous times, i've never talked about performance-enhancing drugs with barry bonds. i've never given barry bonds any performance-enhancing drugs. i a have add mountain i gave some to greg anderson, but barry and i have never had any discussion or any involvement

with drugs. >> possible arguments in the appeal is the interpretation of his testimony following the conviction of at least one juror claims bonds was evasive when asked by prosecutors if anyone other than a doctor injected him with a needle. but minutes later a two other occasions by two different prosecutors during the same testimony, bonds answered no, when asked that same question. reporting live, kraig debro, ktvu channel 2 news. >> thank you, kraig. stay tuned to ktvu channel 2 and ktvu.com for continuing coverage. we will bring you the announcement of the barry bonds sentencing when it comes down later this morning. a public funeral service will be held this morning for little hiram lawrence, jr. he was shot in the head during a shoot-out last month in oakland. the fuel ran service begins at 11:00 at acts full gospel church in oakland. so far there have been no arrests in the case.

three arrests made in connection with a stabbing yesterday afternoon at sera monee mall. police say it all started with a fistfight. one man was stabbed several times. his injuries are described as non-life-threatening. the city of berkeley appears to be fed up with occupy protestors. but for now, the city is not kicking out the campers at civic center park. you're looking now at new video of the tents settlement just this morning. berkeley lawmakers say the losing patience with the demonstrators, they call the situation unacceptable. they're threatening even more arrests and citations. police are pointing to a rise in violent crimes, disorderly conduct and unsanitary conditions since this occupation started two months ago. the city of berkeley is considering issuing stay-away orders to repeat offenders. for occupy protestors, their resentment towards

oakland mayor jean quan came to a head last night. ors in. >> to brutalize our citizens. >> demonstrators heckled and shouted the mayor down during a forum at the commonwealth club in san francisco. mayor quan became the target for audience members and panelists, angry over how see and police handled the camps and port shutdowns. >> i know you're peacefully protesting for a cause that i believe in and why am i attacked by the police is the black group in a lot of demonstrations in the bay area whose main political task is to break windows in our city and vandalize building and or the fight with the cops. >> several hecklers were escorted from the building for outbursts. some commonwealth club members say they're not fans of quan but they did feel bad for her for the disruption. a building in san francisco's mission district that was once the proposed home

for that city's occupy camp is now considered for another use. the san francisco examiner reports the mayor ed lee is thinking of using the former phoenix high school building as workforce housing for police officers, firefighters, and teachers. mayor lee spokesperson says the mayor feels the high cost of living in the city prevents many police officers, firefighters and teachers from living here. for more information regarding the disruptions of the commonwealth forum and a photo gallery of past occupy demonstrations, go to ktvu.com for continuing coverage of the occupy protests. dozens of people hoping to draw attention to a bill problem in their san rafael neighborhood. about 150 people marched through the canal neighborhood last night with candles. they say they want to call attention to traffic dangers and bad lighting in the area. they want more lighting and crosswalks at problem intersections. the san rafael public works

director says they've already finished one road improvement project in the neighborhood, and they will soon pay for similar projects. and antioch police are warning holiday shoppers, be careful after two armed robberies in at wal-mart. robberies happened in the last month outside the wal-mart on lone tree way. police say two men forced two women to give up their purses on november 27th, around 8:30 at night. two days later, two more women were robbed as they walked into the store. police say they're reviewing surveillance video right now to try to catch the thieves. today marks the third anniversary of an unsolve homicide in san rafael. friends and family of ashley 'ya matteucci will gather at the tavern tonight for a candlelight vigil. the 33-year-old single mother was found dead in the parking lot behind a tavern on the morning of december 16th, 2008. she was last seen alive the night before leaving the tavern

with a man she met there. police say she was sexually assaulted and died at asphyxiation. there's a $50,000 reward for information leading to an arrest and conviction in this case. oakland police are trying to identify a woman found along the waterfront who later died. she was barely conscious when a security guard discovered her yesterday morning near jack london square. she couldn't speak, and didn't have any i.d. she died a few hours later. she is described as african- american, between 30 and 40 years old, the cause of her death still investigated. cal osha investigating the death of a bus maintenance worker killed in a workplace accident. investigators say he was working under a bus yesterday when it rolled off the concrete risers and killed him. last night the victim was identified as 58-year-old walter highpill.

>> mechanical failure as far as the bus and we try to determine how this accident occurred. >> that maintenance yard is just off ceasar chavez street. this is the weekend when holiday parties really get into full swing. that means a lot of people may be trying to drink and drive. dui checkpoints will be set up all around the bay area. the chp, the police, sheriff's deputies will be out there trying to catch drivers who have been drinking too much. officers are reminding all drivers, plan for safe and sober rides home from holiday events. the dui crackdown will continue through january 2. in a few weeks some drivers who have not paid their traffic tickets will get a special deal under a one-time amnesty program. starting january 1, drivers who have not paid anything on tickets due before january 1 of 2009 have a six-month window to

pay 50% of what they owe. all california counties are offering the deal. drivers must pay their 50% portion in one lump sum. so do you think the amnesty program is a good idea? we asked some of our viewers. >> let us know what you think. send a message to the ktvu channel 2 morning news team on facebook. we'll share of your comments in the 8:00 hour. sal, you still watching highway 1021. >> i'm also watching facebook and twitter. the story we're talking about, facebook. >> you're multi-tasking. >> yes. i do that, because we get a lot of good information. and yes, i am watching 101 although it's become a lot better than last time. let's go outside and look at

the 101 in san francisco, northbound 101. that looks good approaching the 80 split. and by the way, you can always tweet us or send us messages on facebook and we get them, especially if it's something like i see something going on! or a news tip. that's also a venue to let us know information. we'll get right on it. let's move along and look at westbound bay bridge, about an 8 to 10-minute delay coming into san francisco. and this morning's commute on 101, dave was asking about this. there's police activity, turned out to be an accident with a couple people fighting, taken into custody. but the traffic got slow, it's always slow here anyway. so this is making it a little worse. 280 is a good alternative. 7:39, let's go to steve. >> thank you, sal. little fog around, good breeze, then it collapsed at the surface. there's still wind up there, 1500, 2,000 feet. oakland hills to mount diablo. that's the strongest i could find of everywhere else calming down. some patchy fog if you're

looking for rain it looks just grim, terrible. the next --:i don't know, seven, 10 days. unless you're in southern california. they'll see some rain over the weekend. for us, this is a really brutal rain month. welch had lots of wind, fog but not much rain. we had our one little day there yesterday. next week looks dry and even the extended outlook, up to 15 day outlook looks really quiet. i've seen projections until the end of the month and there's no rain. things could change, but we'll see. little breeze in fairfield. north at vacaville. after that things are just easterly breeze or southeasterly. san jose in there. sfo. early this morning about two hours ago they had a windchill of 35 so that's even cold around the bay. 30s for many or 40s. but oakland at 39 degrees. 44 in the city. and there has to be some kind of component of a breeze here otherwise there's no way to be 49 in mountain view. couple hours ago from 33 to 53 in napa county. just depending on the breeze.

37 san carlos. and 35 pleasanton. 34 pleasant hill. 32. gilroy at 33 degrees. so there's lots of 30s going around. hardly any clouds except fog but already in southern california rain starting to pick up and it will stay there most of the weekend. for us just a little patchy fog, mainly out to the valley but some here. doesn't last very long. it's a dry pattern, cold mornings, 30s and 40s. some of that wind kicks up mainly higher elevations, out in the valley as well. dry pattern for as far as we can see here. 50s and 60s, the 60s again helps if you get that east- northeast breeze. cold morning, sunny, mild, warm days into the weekend. next week looks quiet, except for a little winds here and there. >> thank you. 19 minutes before 8:00. after almost three months of auditions, competitions, santa cruz native chris rene has sung his way into the x factor finale.

♪ ♪ ers. >> we were at a santa cruz restaurant as his friends and family learned he was voted through to compete for the five million dollar grand prize! cool thing about chris is it's not just about selling records. it's about touching people, which is what music is for. music and art is about connecting with people. so i think it makes sense for my brother to win this bus to me it's so him. he has the x factor! >> some of his friends say they're planning a trip to los angeles next week to support rene during the grand finale. and while chris has been voted through to the next round, that competition has come to an end for marcus canty and we'll talk to hymn at 7:55 on mornings on 2. why the credit rating of bank of america has been downgraded. and an hiv breakthrough. what a company is dog to help

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stocks are up in early trading, lifting traders' hopes that europe's progress for attaining its debt crisis. also the u.s. government said consumer prices were unchanged last month suggesting inflation remains low. the dow currently up 87. nasdaq is up 40. s&p is up 13. the trading is downgraded its rate is on bank of america by one level to triple basketball. it was on of 8 u.s. and european banks that saw declines in their viability

rating because of increased challenges in the banking sector. fitch says still denotes good prospects for ongoing viability. it's previous rating was considered strong. goldman sachs, citibank and morning an stanley also received downgrades. a little more than an hour ago scoutives from zynga, the san francisco game developer, rang the opening bell on the nasdaq. they're going public today. the stock is set to start trading at $10 a share later today. that's the top of the range zynga set when it filed its initial public offering. it's best known for the popular games farmville, words with friends, and mafia wars. a bay area company could have one of first drugs prescribed to prevent the spread of hiv. gilead of foster city makes truvada which is now used to treat patients infected with the virus that causes aids. now independent medical trials

show it also helps reduce the risk of hiv infection in people who don't have the aids virus, but they engage in risky practices that can lead to the disease. gilead is asking the fda to allow doctors to prescribe truvada to be used that way. influential author and journalist christopher hitchens has died. he was known for his essays in "vanity fair" magazine. he died last night in houston of they moan yam he announced last year he had cancer of the esophagus. in addition to writing for "vanity fair," he wrote the bestseller god is not great. he was. >> years old. an investigation into a horrific elevator accident in new york. a 41-year-old advertising executive was stepping on to an elevator at work when it shot up and crushed her to death. two people were in the elevator at the time. it took about an hour to get them out. they were not physically hurt, but had to be treated for

mental trauma. authorities say the elevator was undergoing maintenance just hours before it malfunctioned. the popular show the x factor down to the final 3. we will talk live to the kept ant who just missed on competing for the $5 million grand prize. plus an early gift for some holiday shoppers, where and when you can park for free.

oakland has an early holiday gift future some drivers, offering free parking for the next two saturdays in order to boost shopping in the city. drivers will not have to feed the meters, but they will have to stick to the parking time limits for the area. the parking holidays will cost the city $125,000 but that will be ash sobbed by business revenues. and google is getting into

the auto business with a new invention, driverless cars. google just received a patent for two important components of the technology. one is the so-called landing strip, where the vehicle stops. the other receives precise data about where the vehicle is and where it should go. technology experts say google will likely license the technology to automakers, but it could be years before any driverless cars are for sale. >> very interesting. >> little scary thinking about  staying on the road with one of those! always get nervous when sal says uh-oh. >> southbound 280 farm hill and the traffic is going to be a little slow. and usually people don't expect slow traffic there. that's usually gets people to delayed really. we show the map there. you can see it near highway 84. so watch for it there. southbound 101 had a series of problems getting down to the

south bay. so it didn't out to be as light of a day as we would have hoped. and i was hoping for a lighter day. but it's still not all that bad. i want to show you live pictures now. the 880 freeway slow from marina boulevard up through here in oakland looks typical. bay bridge is backed up lighter than usual, for a five-minute delay so we're getting a little bit of friday light. now let's go to steve. >> except for patchy fog we have very quiet conditions, wind higher elevations mainly east bay hills, from 30 to 60 miles per hour. that 60 is mount diablo. thankfully most locations at the surface are very quiet. looks like we had our one rain, unless something happens doesn't look like much will happen next week. maybe as we head towards the end of the month. but this is going down as the driest december since 1991. and rivals that of 1976 for those who were here then, which was really, really dry. but i've seen dry decembers then wet januaries so let's think positive.

wind and fog, that's about it. southern california actually gwinnett engine on the rain more than we are. so everything is topsy-turvy here. 39 downtown oakland now. and our system you can see there in southern california, right there wrapping back around, so today, tomorrow they'll have to deal with rain. we won't. we deal with cold temperatures and then sunshine during the day. little breeze to win. mainly in the higher elevations, and temperatures from 50s to 60s. some 60s depending on the north wind or easterly breeze. but overall a very quiet pattern with weekend always in view, cold mornings, really cold mornings once that wind tails off, and patchy fog. otherwise it's dry into next week. >> time is 7:53. a police dog in richmond may be retired early after an innocent bystander was bitten. tow truck operator john freeman was -- has bandages over 4 wounds on wednesday night he was called to the police station to lift a pickup truck so officers and the dog could search beneath for drugs. he says he was standing away

from the truck when the police dog similar to this one suddenly latched on to his arm. >> somebody took my arm in a vice and tightened it up you know, except this vice had teeth. >> police say a flashlight he was holding may have gotten the dog's attention. this particular police dog has been on the force for six years with no similar incidents. a dog behavior expert is now being called in to evaluate it. freeman is hoping to be back at work in the next week or two. congratulations! >> santa cruz native chris rene is officially in the "x factor" finale! last night rene learned that he was voted through to compete for the $5 million grand prize. unfortunately, that means the competition is ended for another one of these very

special contestants. pam cook in our newsroom live now with the days on that. pam. >> reporter: the "x factor" competition has ended for marcus, good morning. >> good morning, pam. how are you? >> i'm good. so you hung in there, through some controversial elimination, even simon said you're not winning this thing. how -- >> yeah. >> how do you feel? >> yes, shot me down real quick. i guess it worked. but i'm fine. i'm cool. i'm happy right now. i come this far. i was in the top 4 out of thousands and thousands of auditions, if i'm just proud of myself that it wasn't easy -- it was not easy for me to make it this far. i think that's what makes it even sweeter for me that, i fought my way through this way and i didn't get -- i didn't take the easy road out. so i'm happy. >> that's a good way of looking at it. you had l.a. reed as your mentor.

of course, signed usher justin bieber, pink, just to name a few. what kind of advice it he have for you? what was it like working with him? >> he was a great mentor, like a father figure. he kind of -- one thing that i hold true to in what he told me was that never let anyone take away a joy. and i think everyone needs to take that with them. the thing about being in this competition is that a lot of things can take away your joy. but you keep your joy, keep your positive energy, and you know, just keep inspiration to people. that's what i want to come i want to inspire people will, it be a three-year-old or 80-year- old. i want to inspire people to let them know that your dreams can become a reality, as long as you stick true and work hard at it. >> that's good voice. we know you can dance and sing, you got to show off all of that. but i understand you like to be a tv star, your own show? what are your dreams? >> yes, i want to do my own tv

show. i have big, huge dreams and aspirations, and i think "x factor" has plat formed me to that. i can do tv, i can do movies. i want to do a sitcom. i want my sitcom on my own sitcom. hopefully and i want to keep performing and going until my wheels fall off. >> all right. marcus canty, certainly teams you have a lot of energy to do it. good job on your making it that far on "x factor." thank you for joining us. >> thank you so much, pam. have a happy holidays to you and everyone in san francisco. >> thank you, you too? n. next we can one person will walk away with $5 million contract some will it be santa cruz chris rene? watch it here on ktvu channel 2. let's go become to dave and tori. >> very nice young man! >> very successful. >> coming up on mornings on 2, an investigation into a fire that broke out late last night in san francisco. the obstacle fire investigators are face engine determining

what started it all. in san jose police are investigating their 8th officer- involved shooting. what led up to the arrest. >> you can see it a lot of smiles here as people are finally seeing their fruits of their long line labor. what it's like as thousands of people get free groceries in san francisco, as mornings on 2 continues.

good morning. welcome back to mornings on 2. >> good morning. it is friday, december 16th. in the news right now, a fatal officer-involved shooting in san jose overnight is under investigation. a man is dead after being shot. it all started on the east side of town. ktvu's paul chambers is at the scene to tell us what police say happened out there. paul. >> reporter: good morning, dave. within the hour police have released this area which was part of that investigation. it is pretty quiet here right now, but police say this is a known gang neighborhood, and they're doing gang press unit last flight before the shooting. this all happened around around

11:30 last night. a man had alcohol in his possession. when officers tried to contact him, he ran and into a nearby house. two officers followed him inside and came in contact with someone who threatened them. that's when one officer fired his weapon, striking the man who was later taken to an area hospital where he died just after midnight. it's unclear if the person killed was the same person police followed into the home or someone different. either way, officers say they acted in self-defense. >> we believe later when the facts come out that it will show the officer was in an extremely hazardous situation. these types of incidents are tense, uncertain, rapidly evolving. once things start moving, they move very quickly. and officers have to do what they have to do to protect themselves. >> police have not released the identity of the man who dined he is believed to be in his 40s, officers also took two people in for questioning about this case. they will act as witnesses. and police basically said more than likely if the person would

have just complied, no one probably would have been injured. this is san jose's eighth officer-involved shooting so far this year. paul chambers, ktvu channel 2 news. at 10:30 this morning, sentencing is scheduled for a suspected gang member convicted in the attempted murder of a fremont police officer. 21-year-old andrew could get 50 years to life in prison. last year, he fired 10 shots that almost killed officer todd young. prosecutors say the man wanted to gain respect as a cop- killer. officer young suffered nerve damage in one of his legs but he is expected to return to work. a woman charged in a hit- and-run accident that left a bay area firefighter injured is back in court today. 22-year-old alyssa tejada is the girlfriend of the suspected driver eduardo of the val. she is accused of trying to cover up the accident.

a video showsesque val at a jack in the box in san francisco last month. he is heard on the tape saying he's going to run over the victim albert bar toll who remains hospitalized in critical condition. firefighters in san leandro are investigating an overnight fire. it started around 10:30 last night at 136th avenue and east 14th. firefighters say they were called after smoke was seen come from the building. investigators believe the fire started in the kitchen of a second-floor apartment unit. everyone was able to make it out of the building. >> the unit that was involved, the residence was not here when we arrived on scene so we find that person, we don't know their status. >> there's a tax business on the first floor of the building but it was not damaged. the unit where the fire started is no longer livable. but other people on the second floor of the building with able

to return home. at last nice's debate of republican candidates, the new front-runner newt gingrich found himself the target of attacks. >> one of the concerns that i have is when speaker gingrich was speaker of the house, he had an opportunity to de fund planned parent hood and chose not to take it. that's a big issue. >> coming up at 8:15, the other concern that congresswoman bachmann expressed about newt gingrich. later on today, a top pg&e executive will talk about the company's ongoing effort to modernize its natural gas transmission system. the pg&e stepped up the testing on its lines after the disastrous san bruno explosion. the state public utilities commission is also given pg&e permission to raise the pressure on three bay area natural gas pipelines, including the one involved in the san bruno explosion. pg&e wants to raise the pressure to meet cold weather demands for natural gas.

the pipelines have been operating at low pressure since last year's explosion. a salvation army bell ringer in san francisco is getting closer to his goal of breaking a world record. >> thank you, sir. merry. >> he is trying to ring longer than 36 hours straight. he started ringing yesterday morning. he is still going strong and hopes to stay out there until 9:00 tonight. 23 bell ringers across the country also signed up to try to beat the record but we just learned about 30 minutes ago, the competition is being narrowed down only 17 bell ringers are now in the running. people in san francisco who want to see snow won't have to go far this weekend. the city's civic center plaza will feature a snow park as part of the mayor's holiday celebrations. the park will be open tomorrow and sunday from 10 a.m. to 6 p.m. mayor ed lee and other city officials will also be there

for a meet and greet. right now long lines of people are at glide memorial church. they're getting bags of free food for the holidays. ktvu's lorraine blanco has been out there all morning and will be back to tell us about this annual giveaway which started at 30 minutes ago. we'll bring you the details. today is also the dead loin for all of you santa ana's helpers who picked up a child's christmas wish list at the san francisco post office. helpers who were providing personal letters or gifts for its needy children, you have until today to get those items back to the post office on evans avenue. that way the kids will hear from santa before christmas. many of the longtime helpers say they're surprised by all of the kids this year who are asking for food, basic clothing or gifts only for other family mention. one family in oakland is asking for used bicycles to help make this a special christmas for needy children. you can drop off any bikes at

this address in oakland. they're accepting donations all day today, even bikes that need repairs. they will be accepted. they're hoping to collect and then give away 200 bikes. >> such a good cause not only goods for kids but ohler kids and adults can use them to get to school and work if they don't have a car and. all right. we want to check in with sal. speaking of cars, how is the commute? >> it's not all that bad. we've had some good news for the morning commute. i want to show you the bay bridge toll plaza and we're looking at traffic that has become lighter than usual here at the toll plaza. cup see it for yourself. it is not a bad driver at all. and the traffic continues to move along relatively well. on the bridge itself. so we're getting a little friday bounce here. there are a lot of people on 880 that haven't quite reached the toll plaza yet. i want to show you 880 northbound, and you can see it's backed up. it starts to slow near marina boulevard, and it gets better

after high street. also this morning, we're looking at the peninsula. if you drive 10 one you can see some slow traffic in some of these areas here. no problems on 92 or 84, dumbarton or san mateo bridge. let's go to steve. >> sal. >> yes sir? >> frost in the midst. >> really? >> raquel tweeted me that. frost in the mission district. that's cold! upper 30s golden gate park. and also outer sunset a saw 39. so i do believe one of the coldest mornings of the season so far in the city alone. it's mostly clear, unless you have some fog. but it's a cold one! and wind higher elevations on the oakland berkeley side, 30 miles per hour. mount diablo 64. yet get to the surface in most locations stay calm some hopefully it hasn't made it livermore with a decent breeze now. skies are clear for most part. there's patchy fog out there. wind in the higher elevations. but 20s, 30s and 40s. santa rosa dipped to 28. 48 to 56 by noon.

sunny, breezy. we'll still get that breeze. strong low in southern california. 54 to 62 high pressure north, low to the south. it doesn't like the south so it fills it with wind. calm for some, and san jose little east-northeast at 3. sfo southeast at 6. that doesn't sound like a big deal but you combine the temperature and the wind, it give sfo a windchill of 35. that's pretty cold! officialfully 44 in san francisco, but also i saw coal valley, southern end of mill valley around 40, 41 some it's cold! 30 santa rosa. napa airport 32. couple hours ago napa county from 33 to 53. so no breeze, warm, a breeze -- just depends. mountainview says northwest at 7 which is why they're showing 49. san jose 38. livermore 45. they have an east wind at 10. high pressure big one, that's a big one. it's showing signs -- the own

thing is one of our -- you get towards -- you're way out there, 15-day outlook it. breaks something through around new year's eve. we'll see. until then, things are really quiet. of course, things could change. but the forecast models are pretty much in sync that the pattern now is what we see is what we get. so patchy fog. we'll have wind, higher elevations, also out to the valley. dry pattern, though. fog goes around. for your weekend, probably more of the same. cold mornings but sunny, mild days for some. if you can get that east wind. for others you're in the sun, not too bad in the shade, you're like it's cold out there! 50s for some. 60s for others. and right into your weekend we'll hold this pattern and take it into early next week. >> thank you. customs agents have intercepted a radioactive shipment from russia. who was supposed to receive it? and as a political gridlock in washington lifting? the last-minute deal that passed and what has to happen today to prevent a government shutdown. herman cain no longer running for president but is eyeing

another important political position. what he says is loo libbingly to do next that's raising eyebrows.

it's cold out there. some patchy fog, some even 30s in the city. so it's -- it's not cold-cold but it's cold are to us, and we'll have sunshine today. highs 50s and 60s. it's 8:13. new this hour, debate is underway in the house and senate about a major spending bill to avert a government

shutdown tonight. ktvu's allison burns is in our washington, d.c. bureau where the deal is still not sealed. allison. >> reporter: tori, funding for dozens of federal agencies runs out at midnight, and once again congress is taking the government to the brink of a shutdown. as you mentioned, debate is now underway in the house and senate on a trillion dollar spending bill that would keep the lights on through most of next year. it's a massive bill, full of compromises, that no one seems happy about. >> we are here because it is absolutely essential that we not see the government shut down in several hours, midnight tonight. >> the deal reduces funding for the environmental protection agency, grants for first responders, and president obama's race to the top education program. but it is a boost for the pentagon, veterans programs, and border patrol. there is still no deal on that payroll tax cut that expires in

just two weeks. reporting live, allison burns, ktvu channel 2 news. a man accused of trying to assassinate president obama is due in federal court today in washington for a preliminary hearing. the hearing will focus on the mental health of oscar ortega hernandez. people who know him say he was acting strange in recent months and became obsessed with president obama. prosecutors say he drove by the white house last month and fired nine shots. one of the shots cracked a window at the first family's living quarters, but did not break the bulletproof glass behind it. the president was out of town at the time. new developing news coming in from russia. customs agents have stopped the shipment of radioactive metal from being smuggled to iran. the radiation alert went off at the airport in moscow. authorities found 18 pieces of metal in the luggage of a passenger bound forte ran.

the metal contained radioactive isotopes. the gauges recorded radiation levels 20 times higher than normal. there's a new political poll out showing if the presidential election were held today, president obama would beat both of the current republican front-runners, but only barely. in a hypothetical match-up with mitt mitt, the associated press poll finds president obama is favored by 47%, compared with 46% for romney. against newt gingrich, the president has a bigger lead, 51% to 42%. the republican presidential candidates are campaigning hard in iowa ahead of the caucuses there on january 3rd. they had their last debate before the caucuses last night. and jamie dupree joins us from iowa, with how things are looking for the candidates heading into the first contest of the presidential race.

good morning, jamie. >> reporter: good morning, tori. there were no real knockout punches or bad gaffes or anything like that from last night's debate. a lot of candidates league here this morning feeling like they accomplished what they wanted to. there's the expected attacks on newt gingrich, though most of them came -- when beginning risk tangled with congresswoman michele bachmann. >> we can't have as our nominee for the republican party someone who continues to strand for freddie mac and fannie mae, they need to be shut down, not built up. >> first, my policy is to break up both fannie mae and freddie mac. it's not anything like what she just described. second, i want to state unequivalently for every person watching i have never once changed my positions bus of any kind of payment. >> gingrich is leaving today, still ahead in the polls. but there's a lot of talk on the ground here in iowa that gingrich numbers are going down, big negative advertising

for mitt romney and others is working. it was just at a romney event here a few minutes ago, his aides just seemed really in a good, confident mood today. well see whether or not that lars for the next two weeks. iowa voters make their choice on the republican side on january 3rd. back to you. >> it hasn't mitt romney gotten a couple key endorsements? >> yes he got a big endorsement today from the governor of south carolina, a big tea party favorite in 2010. he is flying there this afternoon to do an event or two with haley down in greenville, south carolina. you can't underestimate that! i don't know how many people she'll bring along, but with a governor on your side, that's always very, very important. >> all right. jamie dupree live by phone from iowa, thank you. you can find a link to his blog on our website at ktvu.com, pull down the news menu bar and go to our politics page.

former presidential candidate herman cain now says if republicans win the white house, he wants to be the new secretary of defense. that's what he told barbar walters. cain said he would be a good pick because he wants to influence rebuilding the american military the way it should be. barbara walters seemed surprised by that statement by herman cain and reminded him of the way he struggled during the campaign answering some foreign policy questions correctly, like, for example, about libya. herman cain said he has been introducing his homework ever since that incident. long lines of people at glide memorial church getting bags of free food for the holidays. lorraine blanco is live in san francisco where the annual giveaway started about an hour ago. lorraine. >> reporter: good morning, tori. we're just about a week to christmas and the mood here is

joyous. the long line out here may be winding, but the good news is people are getting free groceries as we speak. now, the distribution is more organized this year. that's partly because of the barriers here and a bigger police presence. live volunteers started handing out the bags just about an hour ago. the groceries first hit the hands of people waiting in line out here for more than 24 hours. now they expect to hand out more than 6,000 turkeys, potatoes, loaves of bread and other holiday fixings this morning. when the first people got their bags you could quickly see and hear the elation. >> god bless them! for this event once a year. the only time we get it, once a year. 'tis the season to be jolly! thank you, my friend. >> loss of singing and smiles

out here. i want to give you a heads up about the traffic situation. it's a little tricky here in the tenderloin. el sis closed between taylor and jones bus that's where they're handing out the bags. the city does have some -- directing traffic here. but police say you really need to be patient and give yourselves some extra time. traffic enforcement is working hard to get drivers where they need to go. i know it's a frustrating situation. but if this event wasn't here, many people would not have a christmas dinner. they'll be out here until 1 p.m. this afternoon, so remember, give yourself a little extra time in the tenderloin. reporting live, lorraine blanco, ktvu channel 2 news. >> thank you. how will the weather affect your weekend plans? steve is here and has an up-to- the-minute forecast. >> and it is free fries friday at burger king. the healthy new change line the

giveaway. >> good morning. right out on the richmond-san rafael bridge if you're going to be using it soon, it's all clear for you. it's good visibility too in and out of marin county.

welcome back. southern california drivers facing even more traffic headaches ahead. all because of that big tanker truck fire last week. the damage in overpass, coming

up at 8:35 a live report on what crews out there just found that may keep this road closed in indefinitely. burger king is offering a special treat for customers today. it's giving away free fries at participating location. it's to promote burger king as new french fry recipe. the new fries are slightly thicker and 20% less sodium. then previous recipe. so -- get some free flies! licking your chops already. >> how many times can sal and i go back for the free fries? >> what are fries out sodium? come on, now! >> tori doesn't want us to have the sodium. >> i know. >> 20% less. >> good. okay. good for your health. let's go out and look at this commute. it's pretty good on the bridge. you can see out the top lift. i bay bridge looks great. obviously we've had a good commute.

richmond bridge also the san mateo, dumbarton and golden gate spans looking good. so if you are plan is to take a bridge, you have clear sailing bargain anything that would happen between now and the time you get there. now let's go to steve. >> thank you. and temperatures today will be warming up although they're cold this morning. even over in the city. i just saw a 41 in the presidio. that's cold! some upper 30s in golden gate park and also near outer sunset. so there's some cold numbers all over the place not just inland but also close to the coast and around the bay. it's going to be sunny. we have patchy fog out there but that's not going to last long. 30s already. fairfield gone from 50 to 37 to 39. just depends on the wind. livermore at 45. mountainview at 49. otherwise you're in the 30s including redwood city and san rafael 34. mill valley 34. large and just not moving. budging high pressure will hang around for a while. so windy up in the hills. gusts 30 to 60 miles per hour.

mainly north and east bay so far. but anybody in the higher elevations could be in line for a little bit of a blustery day at the surface. maybe not so much hit and miss. 50s to low 60s on the temps. weekend always in view. it will be sunny, except morning fog. little system clips us on sunday but the mornings will be cool. days mild. and it just looks really quiet in the next week. the occupy camp less than a week old has been broken up by oakland police. this one was out on the water. >> scheduled to be sentenced in court today in san francisco, why today might not be last you hear of the balco case. >> and some drivers are getting pulled over in oakland this morning, but not for something they did wrong. the early christmas coming to some very lucky kids.

time is:29 in. two and a half hours from now, barry bonds will find out if he's going to prison. he will be sentenced for one count of obstruction of justice kicked to the balco steroids investigation. the ktvu kraig debro is at the federal courthouse in san francisco, and i imagine people are starting to line up outside, kraig. >> reporter: dave, we say people that is the media right there. you might not be able to see it behind me, homeland security, suffers, but number of members media here, local and national media here. prosecution wants barry bonds to go to jail for 15 months to the defense bonds' attorneys are hoping this conviction will be overrer overturned on appeal. whatever the outcome, the final sentencing of the balco case that began eight years ago this month with the testimony of several athletes will happen

here at the federal courthouse later this morning. a jury convicted barry bonds of obstruction of justice, the same jury deadlocked on three counts every perjury. those counts declared mistrials. sentencing guidelines call for a sentence of 15 to 21 months. the maximum sentence is five years. legal observers say bonds will not likely serve any sentence until his appeal is final. one lawyer we spoke with says there are things bonds could do/should do even while his appeals that could affect his sentence. >> the court of appeals will even look more favorably on his case if he is already engaged with the community. he has done the fair amount of community service. the question something, will he do any community service related to this? so it's a good question, he's never admitted steroid use. he can't really go represent to the community that steroid use. on the other hand, once the case is done, he doesn't have any jet dim he's only worried about the hall of fame after this case. >> so far, no baseball player has been admitted taking steroids has received the votes

to gets into the hall of fame. bonds is the major league baseball all-time leading home run and walks leader. in baseball circles he is accused of taking steroids to improve his power. two others associated with bonds served prison time. greg anderson served three months in a federal prison. anderson wept back to jail more more than a year, on contempt of charges for refuse to go testify against bonds. kraig debro, ktvu channel 2 news. >> stay tuned to ktvu channel 2 and of course ktvu.com for more coverage. we will bring you the announcement of the barry bonds sentencing when the decision comes down, later this morning. a funeral will be held tomorrow for a college football player from here in the bay area who died suddenly last week. 19-year-old fred thompson was a freshman at oregon state university. he collapsed last week during a

pickup basketball game and later died. oregon's medical examiner says thompson died of an enlarge heart. his funeral is at 10:00 tomorrow morning on the football field, at oakland tech high school. a public funeral service will be held this morning for little hiram lawrence, jr. the 23-month-old was shot in the head during a shoot-out outside a west oakland liquor store last month. the service begins at 11:00 at acts full gospel church in oakland. so far there have been no arrests in the case. the city of berkeley appears fed up with its occupy protestors. but for now, the city is not kicking out campers at civic center park. this is new video of the tent settlement earlier this morning. berkeley lawmakers say they're losing patience with demonstrators, calling the situation unacceptable. they're threatening more arrests and citations. police point to an increase in

violent crimes. disorderly conduct and unsanitary conditions since the occupation began two months ago. berkeley is considering issuing stayaway orders to repeat offenders. another occupy camp has been dismannedled by oakland police. this camp was on lake merritt. eller this week, protestors set up a small vessel they called aqua-pi lake merritt. police brought it ashore. the municipal code prohibits private boats on the lake without permission. the protestors say they tried to get a permit for the boat, but were denied. >> if anyone had approached bus what our options were earlier, told us the cops would come, we would have been more flexible or talk about other options. >> oakland police tell us they issued citations to three people for having unauthorized boat on lake merritt. for more information, go to ktvu.com for our continuing

coverage. santa rosa man facing charges after police say he used a fake gun to threaten people at a shopping center. this happened about 8:00 last night at dutton plaza. police say the man pulled up what appeared to be a handgun and threaten customers. the man was arrested near the laundromat in the shopping center. police say they found a toy gun in his waistband. an officers say the man is a transient. he'll face charges that include public intoxication and making terrorist threats. a caltrans worker who was fired last month has filed an appeal in a bid to overturn his decision that decision and its not the first time. last month divine wiles was fired from caltrans for falsifying structural integrity test reports. he has now appealing his firing. back in 1998 the same board reinstated wiles after he was fired for misusing his state

credit card and cell phone. the board ruled that it expected wiles would never again mislead the public. in just a couple weeks some drivers who haven't paid your traffic tickets will get a special deal under a one-time amnesty program. starting january 1, drivers who have not paid anything on tickets that were due before january 1, 2009 have a six- month window to pay 50% of what you owe. and all california counties are offering this same deal. the drivers you have to pay 50% portion in that one lump sum. do you think this amnesty program is a good idea? here's what some of our ktvu viewers have to say on facebook. we want to hear what you think. send us a message to the ktvu

channel 2 morning news team on facebook. we want to check in with sal to see how traffic is moving as this getting better, sal? >> and is getting bedroom good morning once again. as we look at our live pictures we go outside to our live camera network and show you that interstate 80 is moving well, just heard that there's some more delays around haste and telegraph because they're moving in more equipment to demolish -- or get rid of the debris from that building they're tearing down there at haste and telegraph. westbound bay bridge is light. no major problems on the way into the city. and no problems on the lower deck either. and if you're driving in contra costa county, we did finally get a little slowdown on highway 4 but 680 nice and clear. little bit of slow it traffic leaving walnut creek towards alamo. and then as we look at 880 southbound, just after 238 a crash, traffic is slow as you drive south of the coliseum.

unexpected. we had been having a good morning but now it's slow heading south out of oakland towards san leandro and hayward. now let's go to steve. >> thank you very much. windy pattern up to higher elevations. mainly above 1500 feet. 15 to 3,000 feet. i've seen 30 to 60-mile-per- hour winds. not so much as the surface, just cold! coldest mornings of season. upper 30s, golden gate park. there's been few 20s in the north bay. some locations have the wind and it's also as you probably can imagine, one of the driest decembers we've seen in a long time, driest since 1991 and even going back parallelling 1976 as well some and there's nothing here that says rain any time soon. we had our rain there, on thursday. and it wane much. and the 7 and 10 day outlooks are very, very dry. so i mean, does not look good for us. looks okay for southern california. they're getting rain. 30s for some. 40s for others. if you have that breeze officially 44 in san francisco. but there's a lot of upper 30s and low 40s around.

we'll start to warm up now. southern california san diego, palm springs looking at more rain. that will stick around, that system there causing some of the higher elevations to get the wind, patchy fog. lots of sunshine the northeast breeze continues, then we can get upper 50s and low 60s. if it collapses, we'll stay in the mid-50s. dry pattern excepted for patchy fog and wind up in the higher elevations. 50s or low 60s, i just penciled in a few 60s because the brose there for a while. but again if it stays, you'll get it. if not, it will stay in the 50s. not much of a change into the weekend. system on sunday, monday just means more breeze again. >> thank you. a major roadblock to the reopening of a southern california freeway that was shut down by a tanker truck fire. that busy road will be closed all day. it's a mess. our reporter bob de castro is live in los angeles. bob, what is the latest and what is causing the delay? >> reporter: well, i know you're familiar with this 60

freeway, but for the benefit of your viewers, i'll explain to you why this is such a big deal for us here in southern california. the 60 freeway is essentially east-west connector, a huge freeway that connects palm springs, inland empire to downtown l.a. the 10 freeway, and 250,000 vehicles pass through this area every single day, according to sal trance, and since wednesday this has completely shut down. we had a dramatic tanker fire that occurred here, still unclear how this happened. but a truck driver comes through here, he and his passenger bail out right underneath this overpass, and the fire went on for about two hours. we're talking about 8800 gallons of gasoline, and the fire so hot it was several hours before this even cooled down. compromise the integrity of this overpass. this is the paramount boulevard

overpass, and because of that they have to demolish this bridge. and once they demolish this, they can open it up. but it's not going to be until at least tomorrow before they open this up. but you can imagine yesterday's commute, the morning and the afternoon and evening commute, and today's commute, complete a wash. so commute times severely disrupted for commuters in southern california, especially folks that travel through the area. they have doubled, even tripled. it's been a very difficult time for the commuters here trying to get to and from downtown l.a. and the inland empire area. so again, caltrans saying that saturday is the day that they are looking for this to be reopened. and then it's going to take several months for them to repair this bridge. but for now, they're just looking to demolish the bridge and reopen the 60 freeway. >> wow. amazing story. bob de castro in montebello. thank you. guess what?

christmas comes early for some children thanks to santa claus and the oakland police department. >> i'm going to pull over vehicles that have unsuspecting youth that might enjoy a present before christmas. >> this is brand-new video in, and opd annual operation momentor santa. an oakland police officer playing santa's hyperion a motorcycle riding autopsy over the city, passing out toys along the way. >> first i thought something was wrong. but then i thought santa and the police pulled us over and they said that they were going to give us some presents. >> by the way, it's a great story. the toys are paid for with money donated by the oakland police motorcycle drill team. >> everyone having a good time! >> that's what it's about. an nfl player at the center of a drug scandal. the charges against the chicago bears sam hurd and now other

players cook involved. and a new development in the wikileaks case. why bradley manning' lawyer because the presiding officer to step aside. >> and san jose police are investigating their 8th officer- involved shooting. what police say made them pull the trigger when mornings on 2 continues.

wall street advancing today as investors were more attracted to risk assets with the euro higher and key bond yields down. also consumer prices remained exactly the same, indicating that inflation is certainly in check. the dow is currently up 34. the nasdaq is up 27. s&p is up 8 1/2. just about 30 minutes ago, the stock zynga began trading on the nasdaq. executives from the san francisco based game developer celebrated going public by ringing today's opening bell promotely. the stocks symbol is znga, and the range in early trading hasn't gotten a huge reception fairly lukewarm, falling well

short of the eye popping jump that has been the norm for fresh darlings. its range from 11.50 as low as 9.48. and taking a looking at the number right now, it is at $10.03. sting is known for games as farmsville, words with friends and mafia wars. some of the other top stories we're following right now -- baseball legend barry bonds will find out his fate this morning. his sentencing is schedule indeed a little more than two hours from now. on the one count of obstruction of justice, he could get probation, home confinement or even jail time. this little child, little hiram lawrence, jr. will be laid to rest today. he is the 23-month-old who was shot in the head during a shoot- out outside a west oakland liquor store les month. the funeral today begins at 11:00 at the acts full gospel church in oakland.

and san jose police are investigating that city's 8th officer-involved shooting in the year. a man was shot and killed by a police officer overnight. ktvu's paul chambers is in san jose with the details of what led up to it. paul. >> reporter: good morning, dave. within the last two hours police have released the scene and this is the city's 8th officer-involved shooting. this happened in the area where police say is known for gang activity. last night before the shooting officers were patrolling the area as part of their game suppression unit, just before 11:30 last night. officers came in contact with the man they believe had alcohol in his possession, and when officers tried to contact him, he ran. >> the officers pursued him into a residence. once inside, one of the officers was threatened by one of the occupants of the house and we're still trying to determine who exactly the individual was, a person running or already inside the house. but the situation was fairly hazardous, the officer fired one round in self-defense.

>> that man was taken to the hospital where he died just after midnight. police have not released his identity but do believe he is to be in his 40s, officers also took two people from the home in for questioning about the case. officers say had the man just complied more than likely no one would have been injured. paul chambers, ktvu channel 2 news. new this morning, a development in a wikileaks classified documents case. civilian attorney for the soldier accused of leaking the sensitive information has just asked the presiding officer to step aside. this morning's hearing is to determine whether the private first class bradley manning should face a court-martial. he is charged with aiding the enemy by leaking hundreds of thousands of secret documents that ended up on the wikileaks website. he has a conflict of interest also working as a justice

department prosecutor. today in court, a penn state assistant football coach testified that he told his superiors including head coach joe paterno about alleged child sex abuse by former coach jerry sandusky. the mike mcqueary testified in the preliminary hearing of two penn state administrators. without getting into a lot of graphic detail, mcqueary testified he saw sandusky wrap his arms around a little boy in a locker room shower in 2002. he says he didn't witness a sexual assault but he beliefs molestation occurred. and to be sure he peeked into the shower several times. the last time the boy and sandusky looked, he says he -- looked into his eyes. mcqueary also testified on the witness stand that he reported that incident to joe paterno, as well as the two university administrators. a chicago bears wide receiver could get up to 40 years in prison if he is

convicted on charges he tried to set up a drug dealing network. the player is sam hurd, he was arrested wednesday night after meeting an undercover agent at a restaurant. authorities claim hurd told the agent hess interested in buying five to 10 kilos of cocaine and about a thousand pounds of marijuana every week to distribute in the chicago area. hurd was then given a bag allegedly containing cocaine, and he was arrested as he left the restaurant. there are reports police are in the possession of a list of nfl players who hurd allegedly supplied with illegal drugs. it's taken more than nine months for the fukashima daiichi nuclear plant is now considered stable. this morning japan's prime minister announced it's no longer leaking large amounts of radiation. he says the plant is now in the conditions called cold shutdown. that means evacuations zones

around the plant can be revised and workers can start the difficult job of decommissioning it. the first identifiable piece of debris from the japanese tsunami has already washed up on the west coast of the u.s. these photos show the black float that washed up on a beach near port angeles in washington state. two oceanographers who were tracking the debris field say the float was pushed which the wind so it arrived earlier than underwater items. s some may take years to make landfall on the west coast because of shifting ocean currents. health officials are trying to find the sorts of a illness that sickened more than 500 marathon runners in las vegas. at first they suspected the water given to the runners during the december race. but that is now ruled out. health officials say the symptoms of runners suffered usually take about 12 hours to develop. most of those runers became sick during the race, which means possibly the illness was

probably contracted a day before the marathon. pop diva britney spears may try marriage one more time. the hollywood entertainment site tmz is reporting her boyfriend jason traywick will pop the question tonight in las vegas. the couple has been dating more than a year. they are in sin city to celebrity his 40th birth day. 30-year-old spears has don gown the aisle twice, her first marriage annulled after less than three days. a decision about death row. a very critical court hearing set for today. this may change california's execution policy. and there's some of the most popular toys around, why one store will stop separating little pony with the transformers. like gate d12 for the next three hours. citibank for ipad. easier banking. standard at citibank.

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mayor jean quan is deleting one of her facebook page. the fan page attracted threats and racist posts. people who want to contact the mayor can use the city of oakland's website. a hearing or the state's new lethal injection procedure is also scheduled for today. yesterday a marin county judge issued a tenteddative ruling rejecting the new procedure. the judge says alternative procedures were not given proper consideration. today's hearing will extra that

ruling. a federal judge will consider a separate legal changeup a famous british toy store will no longer group toys by gender. the store building but it's getting rid of its tank floor for the girls and blue floor for boys. you've been there. >> yes, i have. >> and english blogger campaigning against what she calls sexist stereotypes among toys where only girls play with little pony dolls, while boys play with action figures. it's a 230-year-old store and the decision is not based on political correctness, but they say they want to improve customer flow in the building. but you've been there. >> i took the kids to london and we went to the store, two boys, and they stayed away from the pink floor. traffic quick note, we've just gotten break news, california's unemployment rate has fallen to 11.3%, the lowest in more than two years, still

above the national rate but good news it's heading down. sal, what do you see on roads? >> check the toll plaza where people trying to get into the city. the coast is clear, so go without any big traffic delays. now, let's go to steve. >> thank you. a cold one this morning. some winds in the higher elevations but it will be sunny, mild for some. nights and mornings will be cold. days sunny and looks this way for a while. for a long while. >> okay. all right. and that's our this morning. thank you for trusting ktvu channel 2 news. see you the next time news breaks! rh