of a baby is facing trial after a judge rejected a request to dismiss those charges. he shot that car that had the baby inside it. police believe the shooting was a case of mistaken identity. the trial is set for july 9. police surrounded a motel today where officers arrested a robbery suspect. the suspect was served with an arrest warrant and taken into custody. u.s. immigration -- u.s. immigration and customs enforcement made dozens of arrests in san jose. it targeted undocumented immigrants who pose a potential danger to the community. most of the 63 people arrested have prior criminal convictions

ranging from kidnapping to felony forgery. some also have outstanding orders of deportation. the rest will be scheduled for hearing. >> police home a dress will lead them to the identity of a person who died last week. the woman was wearing this dress when she was found barely cons thursday morning. she later died. she was african american between 30-40 years old. she was 5'7" and weighed 200 pounds. the cause of death is unknown. >> there are reports north korea tested a missile tonight off of their east coast today, a day after the death of kim jong il. thecast was routine and unrelated to kim jong il's death. mean time, secretary of state hillary clinton said the united states is watching the events in north korea closely.

>> our hope for improved relations with the people of north korea and remain concerned about their well being. >> kim jong il led north korea for 17 years. he is succeeded by his son kim jong un who is believed to be in his late 20s. police say it is simple math. to cut down on crime they need more officers. new at 6:00, ktvu's jade hernandez is live where a fundraiser is being held right now. >> reporter: the police officer's family that this is held for is officer james capoot. you can see all of these people here for him tonight. while on patrol he was shot and killed. he believes the city could find better ways to help the

department like getting more officers on the street. >> reporter: this police officer brought in a weapon he confuicated on the streets today. this reinforces his notion about implementing a public safety committee. >> we are down to 90 cops. we had 158 a few years back. >> reporter: the department is dealing with three homicide investigations in the last month since officer james capoot was shot and killed in the line of duty. >> this is the first night of the newly elected counsel and i can't believe this is the most important issue that they have to deal with. >> we spoke to the mayor who explained explained the safety committee in no way undermines the department. >> under no circumstances do i think the police officer is not doing a great job in keeping our city safe under the circumstances.

>> reporter: at the top of his list, finding a way to fund more officers. the sale tax may offer aid the way he sees it. >> no different than having a budget committee, gives us a chance to have a small group of counsel members look at ballplayers. >> reporter: but the police association says it's not that clear. >> finding funding would be a good avenue of use. i think that finding ways to attract businesses to this community and maintain the businesses that we have is something else the counsel should focus on before this. >> reporter: proceeds from tonight's dinner will go to the james capoot family and six flanges is donating a portion of their ticket family this thursday to the james capoot fund. jade hernandez, ktvu channel 2 news. occupy protesters in san

jose are getting creative in an effort to make their point but not break the law. they picked up tents and begun carrying them around. police said it is illegal to set up structures. they plan to bring in more folks tonight to maintain their moving encampment. >> the question could be coming back to the ballot box. ktvu's ken pritchett joins us with the campaign to overturn proposition 8. >> reporter: this initiative would be on the negative ballot but -- on the november ballot. some say take it to the voters and others say let the courts decide. there have been victories and defeats. the biggest was the 2008 passage of proposition 8. >> i think that people have

seen the damage done by taking away civil rights. >> she is speaking on behalf of love, honor, cherish. they are behind a new initiative that would change california's constitution to allow gay marriage. >> i am excited about it. >> reporter: not all gay marriage advocates want to go back to the ballot box. ruled unconstitutional prop 8 is on appeal and a decision is expected soon. an advocate in october said the court fight provides hope and that it would not back a initiative to avoid a campaign in which more work needs to be done to gain pubtic support. backers of the ballot don't want to rely on the courts alone.

>> the length of time it would take to go through the courts, those are variables that we don't have control over. >> putting a ballot before voters. they have approval to gather signatures. they need 800,000 by may 14. a challenge but not one that would stop them. ken pritchett, ktvu channel 2 news. today, supports of a balt to levis the 3 strikes law started collecting signatures. it would impose life sentences when it is serious or violent. new figures show workers in santa clara had the second highest pay checks in the country last year. the annual average salary is

more than $107,000 just behind $116,000 in manhattan. pay increases, they came out number one in the country. between 2009-2010 compensation rose 9.8%. in san mutarot, salaries fell 4%. >> san francisco mayor teamed up with two companies to collect toys for christmas. he is providing free transport for the toys that will go for the toy drive. >> we need to have toys. lot of people out there that are suffering right now. we want to help them out. >> you can call the taxi for free transport now till 10:00 p.m. on christmas eve and visit

www.ktvu.com for organizations that need your help. click on the charities in need that top of our home page. a 7-year-old boy is in critical condition after falling 60 feet from sugar bowl ski lift. we are live at sugar bowl with the safety question now being asked. >> reporter: to give you on idea. 60 feet is as high as a 5 story building. sugar bowl says it's been able to rule out a mechanical malfunction but right now they don't know what caused this accident. >> reporter: most had no idea at around 11:00 morning sunday morning a boy fell out near tower number 3 and landed on dirt and snow 60 feet below. >> one of the higher

elevations? >> it's one of the higher ones. >> reporter: they rescued the boy. a helicopter flew him to the hospital where he under went surgery. >> unfortunately. i don't know wants to see this happening. >> reporter: the resort did not release the boy's name but he was a member of the sugar bowl ski team. they say they are trying to determine if the safety bar was in position from numerous witness statements. >> reporter: how does that make you feel? >> nervous and concerned. and really feeling for that child. >> reporter: the resort says two other team members were on the lift when the accident happened. someparence said 7 is too young to -- some parents say 7 is too young to ride alone. >> reporter: the resort says

this boy was wearing a helmet at the time of the fall. they are connecting their own internal investigation. there is no government agency investigating because there was no death or working involvement. ktvu channel 2 news. if you are an athlete, wait till you hear what we learned about the good and the bad of stretching. and another cold one tonight. back here in 10 minutes, the overnight low forecast, it will be freezing in some bay area valleys.

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dwe news. the 49ers game against the steelers is now underway after being delayed for 20 minutes

because of a power outage. a ktvu producer was in the parking lot when the lights went out and this is what it looked like. 49ers team spongesman said transformers failed and that engineers worked to switch the back up power supply. again on the inside, 60,000 fans were in total darkness. for a time had no idea what was going on. we are told they staid calm and brake out into cheers when the first lights returned in the press box. the bay bridge project is about to reach a milestone. the stringing of a huge suspension cable. cruise did the final day of testing today in preparation for the installation tomorrow. this shows how the strands will be wenched into place. >> there is a total of 137

strands. there are things that have been innovated on this that didn't exist till we built them. >> they will open in about 2 years. supporters of oakland mayor jean quan are firing back against efforts to recall her. >> we absolutely see no reason to have her recalled. >> we need to unite, create jobs, not create political battles. >> leaders of the labor counsel announced they are throwing their weight in defeating the initiative. her opponents need 20,000 signatures by may to put aeral measure on the ballot. >> if you stretch before a work out new research suggests how you warm up could be damaging

your performance. new at 6:00, ktvu's john fowler with what experts say you need to know. if you are active you likely stretch to warm up. he does this before every work out or playing tennis. >> twist the back. try to crack the back. stretch the legs. arms. >> what most of us have been taught. >> do yoga stretches. >> researchers say stretching like this, stretching without moving actually reduces performance. as much as 11%. >> stretch warm up that really gets them to the peak performance can be the difference between winning winning and losing. >> reporter: they witness pro athletes stretching statically. >> at some point it's natural

to do it before a game. >> reporter: dynamic stretching may look goofy but is much better. demonstrated for us by ned. >> various walks and jumps and skips that get you loosened up. >> compared to static stretching, it significantly reduces injuries. john fowler, ktvu channel 2 news. the san francisco online gaming company saw its stock prices fall immediately after hitting the open market on friday. ended 5% down. today the stock decleaned 4.7% to close at $9.05. wall street opened with losses after they failed to come up with the full amount of

money pledged for a bail out fund. the dow lost 100 points to close at 11,766. the nasdaq composite index fell 32 points to 2,523. facebook is making new friends in menlow park. they welcomed employees to the first day of work at their new offices. took facebook 10 months to transform the campus. there are 3,000 workers and there is room to expand. san francisco mayor vetoed a plan that could have led to the closure of the gall course, they wanted to close the golf course saying it is hope to the california snake. they voted to transfer the land to the national park service. >> while they would do an oak job they would focus on the natural habit so there would be a division of the users.

we were approaching a balanced approach with our partnership with the county. >> sharp spark is in pacifica but owned by the city of san francisco. turned out to be a nice day today, mid-60s. warm again tomorrow. cold overnight tonight. clouds over head. not lot. not enough to warm it up to the point where we will see temperatures warmer than last night. upper 20s. low 30s inland. another cold night. tomorrow morning, definitely frost. almost all 9 bay area counties having frost. cold to start off. freezing temperatures in the north bay. frost in some places. long range forecast, subtle changes. one thing we are seeing, overnight lows, winds pick up. that's why valley fog isn't a

huge player. but there is a little bit of wind and that's breaking up the inversion. often times with this type of dry pattern you would be looking at fog, and pushing into the bay area but the wind helps out. and we will see that the next couple of days. breezy enough to help us out. tomorrow patchy frost. lowes in the 28 degrees reading. 38 fremont. sunny and mild tuesday. these are the forecast highes tomorrow. 61 fairfield. nice day. i would like to say enjoy it, do enjoy it but know, dry summer, wet winter. it's winter, it's not wet. two big storms would put us where we need to be but i don't

see them. this is something that comes up in the bay area. not just because we like to snow ski, but you live in a agricultural base society and we need water. we will see how it goes. nothing for a while. >> thank you. coming up on bay area news at 7:00 on tv 36 unhealthy air sparks another spare the air night. we will have a light report on bay area news at 7:00 on tv 36. >> next on ktvu channel 2 news at 6:00, the safest cities have been named. how san jose faired after coming in fourth last year. [ male announcer ] it's a rule of nature.

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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. san jose made the list of the safest cities in the country. it placed 7th this year. plano, texas topped the list. the city is just outside of dallas. henderson, nevada, santa ana and lincoln, nebraska. mark joins us now.

we have one more story. governor jerry brown was on hand to light the first candle on capital menorah. rabbis were there. one of whommed the governor for a miracle, a balanced budget. mark is here with sports. i hate to say this, i turned the game out thinking the raiders won. little did i know. >> man, those of us who follow the raiders, this is one of the devastating losses ever. might blow them out of the playoffs. down couple minutes left, they were up 13, in the final 5 minutes defensive backfield badged up, injuries forcing them out of their man-to-man coverage. one huge play after another. most of it goes the johnson.

and coach jackson asked to address that situation today. >> i am not going to say it was confusion. they beat us. beat us down the middle of the field. make a heck of a play. i don't think there is mass confusion like everybody thinks there is. the first half, we made those plays, some of them. you have to make plays down the stretch. >> all right. mean time, i don't know if you saw it yesterday, this is a play you won't often see. carolina-houston game. cam newton takes it. hands it to a lineman, and he will go into a touchdown. watch closely. cam newton takes the hand-off. he already gave it up to number 47 and he goes in for the touchdown when everybody else went the other way. he kind of handed it off right there.

beautiful play and it worked and carolina won the game against houston, 28-13 and there is something going on at candlestick park. 49ers lead the steelers 3-0. >> thank you. and thank you for trusting ktvu channel 2 news. our coverage continues on www.ktvu.com and get a look at the new view from the bay bridge and you will find an animation of the work right now. just look for our video player on the home page. qí zñzñzñtgtgçwoç'c'cz