opposed to it are also calling it a win. next stop the supreme court. at the court, the judges decided not to decide. they vote against reconsidering a previous ruling by a three jump panel that found the pop significance discrimination and unconstitutional. >> it means that the majority of the active judges didn't think that it was worth revisiting the question. >> reporter: this afternoon supporters of the proposition say they plan to take the case to the supreme court. >> that's where it'll be decide no matter how the -- the lower courts decided one part or the other. >> reporter: supporters of the banished this it statement. we are pleased to petition the court to hear this case. the lower court opinions were littlel more than the attacks on the character and judgements of millions of california

residents. . >> we don't know if the united states court will decide to take the case. it certainly means that an answer about that question, about what they will decide will come sooner rather than later. >> marriage has been seen as a fundamental right. >> it'll be difficult for the court to say it's a right to everybody but gays. >> reporter: the court must first decide if they will open hear the case. that decision should come this fall. a final ruling could happen in about a year. reporting live in san francisco, rob roth. >> more details on today's ruling. the lieutenant governor and former san francisco mayor had this reaction. until we at least get our founding proposition that all people are treated equal we must continue the fight in the courts and at the ballot box until every california is a

forded the same liberty no matter how they look, where they live or who they love. coming up at six how the debate is the center of controversy. >> oakland police shut down several blocks of west oakland as part a manhunt for a suspected parole violater. it start add long martin luther king junior way. police say they spotted a 20- year-old sits in a car, he then ran away and the search started. officers eventually found him hiding in a building behind an auto repair shop. an exfelon in jail after a dramatic standoff in oakland. it's a story we first brought you last night. investigators say the 41-year- old barricaded himself inside a home last night. police say for a time he held three people hostage including a five-year old boy and a

woman. this video you will see only here shows police helping the pair over a fence after being released. overnight we were ono the scene to get video of the suspect taunting police. he eventually gave up. >> primary mission to protect everybody involved including the suspects involved. we were able to with the entry team, swat team and hostage negotiations team come down and have a talk with the suspect. >> reporter: they say the incident started with sheriff's deputies in pursuit of him and two others in a car reported stolen. they say he fired at a deputy before barricading himself inside the house. >> a black bank robbery suspect who used a disguice to make himself look white has been linked to at least two more robberies. police say he hid himself as a old white man with a rimled face mask and eyeglasses. he was arrested last week in oakland. he has been tied to 11

robberies including ones in brentwood, belmont. volunteers stepping up their efforts to search for sierra lamar. organizers have planned two more searches in morgan hill tomorrow and saturday. they will gather at burnett elementary school. volunteers asked to wear long pants and sturdy shoes and bring water and snacks. sierra disappeared in march. a man has been arrested on charge that he kidnapped and murdered her. her body has moment been found. >> a campus crisis in brentwood lead to two court hearings for dozens of seniors accused of being vandals. for details, let's go back live to patty where the hearing is over and now we are waiting for a second one. >> reporter: that's right. that was actually supposed to start 45 minutes ago and the courtroom room is packed with students and parents, anxious to find what is going to happen

next. as you probably heard this -- all started last thursday night when about 80 seniors participated in a senior prank that turned in to two nights of vandalism. dozens are waiting to find what happens in this courtroom and if they will be able to graduate this saturday. you can see by the tears the tension inside this courtroom as the lawyer for 12 students argued that the five-day suspension handed out after seniors vandalized the school was unlawful and should be lifted. >> a first time offense for a non-- [inaudible] count is not suspendible. >> reporter: ahead of the hearing the district let back on the punishment letting them take their finals tomorrow and thursday and make up missed tests only if their teachers let them. >> i don't see it as a backing down or a blanking that. we started this last week at a

starting point knowing that it probably would be adjusted once we got more information. >> reporter: the lawyer argued it was not fair nah teachers could decide whether to give a missed test. the commissioner hearing the case today wouldn't make a decision and kicked the case up for a judge to decide later today. >> i didn't don't think they understand how important it is and that the commissioner understands what the picture is. this has to be resolved today. >> reporter: you can it tell there is a lot of emotion and a lot of details still to be worked out in the courtroom. i will head back inside in the next few minutes and bring you the latest on what the judge decided tonight on the channel 2news at six. reporting live in martinez. patty lee. >> suspended san francisco sheriff may have to turnover his personal phone record this week. a court judge today heard objections to a court order filed by the city attorney to obtain records of his calls and

texts. reportedly he and his campaign manager exchanged texts following the new year's eve incident in which he is said to have bruised his wife's arm. the judge ordered the attorneys to return on thursday after they talk about what specific texts and phone records are being requested. >> it's election day and the polls will be open for about three hours. it appears very few people are voting today. . what the turn out has been like. >> reporter: that's right. let me just set the scene. we are in walnut creek and take a look at this. it's a combination of three different precincts. you can see inside the election officials say the reason they are doing in is too try to consolidate them into larging polling sites for larger crowds in preparation for the president alley election. as for that turn out officials are saying the voting is

anemic. today the booths up but not getting much use. turn out is expected to below and officials say more and more people are picking the vote by mail. those who came in say they feel it's important to vote. >> my civic duty to vote. i haven't missed one yet. >> the first time i get to vote because i'm a new citizen. i'm really excited. >> my parents are here to cheer me on. >> its been steady but slow. we have been having people drop in one and two at a time for over the last hours. >> reporter: i did speak to steve weir and he checked one site if concord. there are 1400 voters registered there, but as of four he said 140 people had come into vote. that's only about 10%. there are people comingn. they say there may be a little bit of a bump right after five,

5:30 as people get off work. like you said you only have about less than three hours now to vote. the polls close at eight. reporting live. >> the department of justice sent people to make sure people are given lap gauge help with their ballots. alameda prints in a number of languages and this year adds two more. the monitors also were assigned to polling places in fresno and riverside which are also required to provide help in spanish. >> former los angeles dodgers manager is in a understanding hospital tonight recovering from a heart attack. the 84-year-old had the heart attack last night. he was just here in san francisco on saturday. he is said to be resting comfortably and could be released as early as tomorrow. he has been with the dodgers organization for more than 60

years. he retired in 1996 after a heart attack. the attorneys for the florida man accused of killing an unarmed teen say they are delaying file age motion for bail. zimmerman went back to jail on sunday two days after his bond was revoked. prosecutors say he and his wife lied to a judge about how much money they had for bond. no word on why attorneys delaying filing for another hearing. zimmerman has pled not guilty. >> the batteries of the future being born here in our own backyard. that story still ahead. >> and back here in just ten, temperatures did warm up. they will warm further as we go into wednesday. ly have the details.

. >> a lab clark charged with the task with creating the

batteries of the future. tom is live from oakland where the new batteries can change everything from your phone to your car. >> reporter: when it comes to slashing our dependance on plain oil they like to prove the charge is on. . >> reporter: these are long life high energy bat batteries. the goal extend the time the charge lasts, make it quickly rechargeable. extend the useful life itself and lower the cost the battery. now they will assist the battery businesses to do that. >> 30 companies all start ups focusing on many different aspects, .

>> reporter: it'll make the labs remarkable staff and technology available to all and each other while still protecting patents and secrets. >> it's a entity where everybody can talk to each other and come one something amazing. they want to do that. they are trying to recreate what silicon valley is. >> reporter: it's believed more powerful longer lasting more expensive will come up quicker for use in everything from smart phones to smart cars. >> certainly will help range -- the installation of the quick chargers and so that will allow the customer to have 80% of charge with in 24 minutes. >> reporter: and the new technologies can fit in anything. the nation's newest all electric vehicle may look just a little familiar to you and it should. after all it is a ford focus. >> by keeping the vehicle essentially the same we can drive costs down. make it cheaper for customers and using flexible manufacturing technology it gets build built into the same

car. >> reporter: and means more and better energy alternatives for all of us. reporting live. >> and in our next half hour the plane of the future, the first of it's kind flies, it took off today and what makes it unlike any other out there. >> residents of a hillside community in richmond say they are fed up with a water run off problem and they want the city to do something about it. for years richmond's may valley neighborhood has lobbied to install a drain pipe to fix the problem. they complained it lets algae grow and creates a smell but they are also concerned someone could get hurt. >> it's a danger because children come by, they can slip and fall. >> the runoff comes a underground water source, the city said because of budget constants it has no plans to divert it but they are trying

to step up maintenance. the united states senate defeated a bill that called for closing the pay gap between men and women. the paycheck fairness act was designed to bring women's salaries in line with what mean earn doing the same job. barbara boxer spoke in favor. she said unequal pay hurts spending. >> this is an issue. mr. president nah not only involves women but our families and economy. >> republicans blocked the bill arguing it would hurt business was more regulations. our continuing election coverage. a race that's being called a possible preview of the november president alley election. >> reporter: the nation is watching this race. they will watching this man. the republican governor of wisconsin. scott walker who is the target of a recall election right now. there are a lot of voters heading to the polls, very

heavy turn out. they want to decide if he is going to be recalled and replaced with milwaukee democratic mayor. the two men cast ballots in milwaukee. the recall movement started early last year when the governor took aim at unions stripping most of their collective baring rights. turn out is expected to be very heavy and polls show the race is to close to call. today the governor said he expects turn out will be key. >> one of the most encouraging signs in the numbers people came up to me and said they voted for me. >> we are glad to see so many people here. they care about the future of the state and want a governor who will represent the middle class. >> reporter: the polls closed in milwaukee in about 45 minutes. we hope to start getting numbers that we can pass onto you on the news at six. wisconsin just one of the key

races, they are keeping a close eye on this one. >> tomorrow the president scheduled to return to the bay area for a very short fundraising visit to san francisco. the president's fundraising stop -- [inaudible]. he will be here for about four hours, he will go to two private events in the financial district including a small round table at the landmark at one market plaza. he is set to attend a hundred. >> ron paul supporters are waiting for approval to hold a festival before the republican national convention. it would be held the weekend before the convention in tampa florida. the event will include music, and speakers at the fairgrounds to honor the congressman and presidential candidate. organizers have yet to give their approval. they control tampa's venues during it. >> after that weird rainy weather today seems pretty

nice. >> not to bad. temperatures warmed up a few degrees. still a bit clouds, not a lot of fog, nice day, lot of sun, cloud and a lot of wind. the wind continues, the advisory south the bay area toward the area, toward south of modesto. we have wind and you are probably noticing it if you are around the bay area. let's come in close to some of the local wind gauges. you can see by the bay bridge we will see wind gusting to 23 miles an hour. sustained west at 18. at the golden gate bridge gusting to 21. sustained at 15 as well. the winds will back down through the next couple hours and things will get calmer but it's going to get cold over night. when i say it warmed up that wasn't hard because yesterday's numbers were less than 60. tomorrow we will see temperatures back into the midand upper 70s. the wind as we go through the day the heaviest wind, late tonight, early tomorrow morning

with 32-mile an hour winds up around stinson beach. 32-mile around half moon bay. here we will go into thursday or probably wednesday afternoon and you will see the winds back down a little bit. not quite as windy. overnight lows cool. when the wind does die down temperatures fall. overnight lows in the 40s. that's not cold by february standards but by june standards it is. as the kids head off to school you go off to work again tomorrow. temperatures are cool. be ready for that. maybe a little patchy fog but not really a player. it'll come back in to the picture in the next 24, 36 hours, in the pacific weather systems staying to the north. still winter in the pacific northwest but we are into a nice spring weather pattern. it'll hang out for a while. around the micro climate you will find temperatures just in the low 60 a. downtown san

francisco, mid60s. berkeley 67 degrees, you get out toward livermore you will start to see in the mid-70s. upper 70's and even low 80s. the climate starting to kick in. warmer forecast as we go into the next 48 to 72 hours, more specific with the five-day forecast and i will give you the forecast high for wednesday for the specific city where you live. i will see you back here. >> they serve their country but is this country doing enough to serve them? testimony today about the government and it's effort to help veterans find jobs. >> and we are continuing to follow that developing nostos of castro valley. our reporter has just arrived on the scene a police shooting involving what we believe is a possible murder suspect. we will have a live report with late information shortly. look at you guys with your fancy-schmancy

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. lawmakers took a close look at why federal programs designed to help veterans get jobs appear to be failing. a senate committee heard testimony about the skyrockets number of veterans out of work. they they the government has failed to make sure they are hired as required by law. millions of dollars set aside to go to businesses hiring vets him stead going to ineligible companies. >> a contractor may have a hundred vets at the beginning of the year and two at the end and can report one hundred.

> figures show unemployment among veterans is 13% nationally the average level is about 8%. the city of danville will soon reveal a new statue to honor a fallen marine. the 19-year-old was killed last november in afghanistan. his family and friends raised funds for memorial for him and others who have died in the line of fire. on june 23rd the community will dedicate the danville fallen hero memorial. the bronze battle field cross is a helmet ono top of a rifle. >> facebook struggles on the stock market its users doing little to help. a new poll shows 80% of users say they never bought a product or service because of an ad on facebook. 34% said they spend less time on it than six months ago while

20% said they spend more time. the stock has plunged from $38 to less than 26 today. on wall street the dow closes up by more than 26 points. nasdaq was up rising 18 points. wells fargo launch aid new environmental grant program. its going to award $100 million to nonprofit groups over the next eight years. it also is giving 15 million to the national fish and wildlife foundation which will help give out the funds. they will funds. >> last chance in a lifetime, why people are lining up to look up in to the sky for something that won't happen again for more than 100 years. >> and jury selection started today in the child abuse case involving jerry sandusky.

that's true. ...but you still have to go to the gym. ♪ the one and only, cheerios

. we first brought you at the beginning of this newscast. a officer involved shooting at center street and grove way. john live with new information on the man who was shot. >> reporter: this is still very much an active crime scene here. you can see the chp here and there are a lot of sheriff's department vehicles here including the crime scene investigation unit. this it all started about 4:00 at that house there with the white trim. deputies came here looking for an attempted murder suspect and what happened as they corner him he gets in a vehicle and

starts to drive toward them. they open fire. they apparently hit him but he still drove away. he drove off to another location at the ravenwood apartments on the other side of 580 where he ended up under a deck and at that point that person called the deputies, other deputies in area. they get him after a dog, a police dog gets him. downing me is sergeant jd nelson from the sheriff's department. go head and tell us what is -- the situation right now with this individual. >> reporter: he is -- been transported to the hospital. he has a gun shot wound and dog bites, though they say that he is in stable condition. >> reporter: and when did this start? >> it started about a month ago. is he a suspect in an attempted murder where he fired through a door of a woman's, struck the

woman in the arm. then he was in alameda where he drove 90 miles an hour down the wrong way of a road. we discontinued that pursuit because of the safety of the public and then here we are today. he is in castro are valley and this happened. >> reporter: now you have him in custody. >> he has no regard for public safety. somebody we definitely want in jail. >> reporter: any idea was he was here? >> we don't know. we had information he was in the area. we followed up and he was here. >> reporter: anybody hurt? >> nobody but the suspect. >> all right. thank you very much. one suspect apparently tried to run his vehicle at a couple of

deputies. ktvu. >> the transit of venus underway. a once in a lifetime event. >> this is a rare event. these people are watching, it only happens about once every hundred years. professionals -- lyoned up -- to look up into the sky at the tran sits of venus. a rare event that only happens in pairs about once every hundred years. vens orbits inside the orbit of the earth. they are on the inside but they don't go in front of the sun

from our point of view very often. the next time will be in 105 years. >> i don't think i will live until then. probably not my kids either. who knows. i don't know. >> reporter: a sciencist at the nasa research center. we don't always get to see things happening in realtime. california is one of the best plays to see it. >> want to -- twice, and french, and -- this year we will go to australia to see another one. >> reporter: this is a fun event but sciencist its hope to get as much data as possible

for this event which is called the transit of venus. don't look up at the sun directly. if you have a pair of glasses, looks like this it. i won't put them on. welder's glass, 14, that should be good enough or you can come to the research center. live in mountain view. >> the world's first private space craft, is now back on solid ground. the unmanned space craft splashed into the pacific near baja california last week after a unprecedented trip to the space station. today it arrived by barge at the port of los angeles. california based space x delivered food and supplies to the station. it was part of a test flight for nasa which is counting on companies like space x to deliver cargo. the space cutl enterprise had minor damage on its trek from new york to its new home.

the shuttle was an top of barge when the wing scraped . enterprise is set to be transported up the hudson river tomorrow and then lifted by a crane on to the air craft carrier floating museum. >> the apple bid to get a ban on sales of the galaxy in the united states has been stopped at least for now. a district court judge decline saying it can until a united states court decides. >> there is word tonight that a man is facing animal cruelty charges after he allegedly exercised two dogs so long one died. the mercury news reports the 36- year-old was arrested last friday. officers found him with a boxer and a pit bull both two exhausted to even stand up.

police say he said he took them on a seven mile run without any water. the dogs were taken to a vet. the boxer lived, the pit bull died. he is now facing animal cruelty charges. >> this is the first day a former penn state football coach child sex abuse trial. today nine jurors were picked. a pool of more than 200 lined up outside the courthouse, some with penn state gear. >> morning. >> morning. >> reporter: he didn't say anything as he arrived at court this morning. inside his defense lawyer and prosecutors did most of the talking, questioning. they said they either worked for or retire from penn state or have relative that did so. about 20 said they know someone on the list of potential witnesses including the accusers. the judge they wouldn't be

reason for exclusion unless the ties were strong saying such connections in rural areas can't be avoided. they say sandusky met the victims through a charity he founded. they argue he molested them in some cases in his own home. in november he spoke out saying that he is innocent of abuse. >> i have hoarse horsed around with kids, i have showered after workouts, i have hugged them and touched their legs without intent of sexual contact. >> reporter: he faces 52 criminal counts and if convicted could spend the rest of his life in jail. he has denied the allegations but his attorney said back in trill the court of public opinion has been in session since the day he was charged. >> we have been trying to overcome this it wave of

presumption of guilt since november 5a. >> reporter: the trial is expected to continue through the week. selection, opening arguments are scheduled for monday. turning to the continuing election coverage, ken wayne tracking the presidential primary tonight across the country. >> reporter: there are five states with primaries, let's take a look at which they are. california one of them. all the polls are still open here in the west. one state in the polls have closed and that was about 40 minutes ago, in new jersey. lieutenants see how things going. we know that romney is the gop nominee but he has 81% of the vote, there are 6300 precincts in new jersey, only about 50 of them have reported so far. rick santorum is dropped out. he gained 6% of the vote.

still very early in new jersey. coming up later after six we expect to start getting numbers from wisconsin in that very bitterly contested recall election. >> a royal celebration that's fit for a queen. the pomp many and circumstance for the queen on this the final day of the jubilee and what she says about it. >> google maps could soon be gone from the i-phone. what they could be replaced by.

l

. today is the final day of the queen's jubilee celebrating 60 days on the thrown. the queen and other members of the royal family metaphor a military plane fly pass marking the end to four days of celebration. yesterday they attended a star studded concert and fireworks show fit for a queen. she gave a rare taped speech saying she has been deeply moved. >> the event that i have attended to mark the event have been a humbling experience. it has touched me deeply to see

so many celebrating together. >> queen victoria was the only other british monarch to celebrate a diamond jubilee. we have a slide show together of the celebration. you will find it on ktvu.com and then clicking on the tab near the top of the home page. >> apple may be getting ready to drop google's service from its i-phone. the giant is reportedly preparing to roll out it's own navigation system later this year. it's expected to replace the google maps. the new mapping service may be revealed next week at the yearly developer conference in san francisco. >> another graduation story but this one isn't normal. >> and back here in just ten a look at the five-day forecast with the weekend in view. see you back here.

must be nice, cheering on team usa from the shallow end.

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. an extra special gradation for a teen held at a place that [inaudible]. we first told you about the story last month and tonight has this happy beginning. >> reporter: twice this graduation almost didn't happen. >> that is your scholarship money. >> reporter: it's not because william isn't smart enough. he has two dollar scholarships

to attend san diego. >> thank you indeed. >> reporter: it's because twice this london born 17-year-old decide, his heart stopped. >> there were a lot of days we weren't sure he was going to maket. >> reporter: that was his old heart. just a month ago he got a new one. part rare trifects, three hearts in three days into three people. >> i was isolated for about two days, they took me off last night and i was glad i got to see him graduate. >> reporter: william knows someone died and he thanks them from the bottom of his new heart. >> living, breathing, beating proof it saves lives. >> new lease on life. he is going to do great in the world. i would like to thank the donor

family for the gift because without that he would not be here. >> reporter: while he may not run out of the hospital if he continues to defy the odds he will walk out with it in a week with a very grateful heart. rita williams. >> san jose school children cashed in their contest winnings for naming the falcon chick. the mayor and the city council awarded them to the students, three student and the third grade class, who won the falcon naming contest. they named them horatio, hope, colbalt and thunder. mickey mouse jumped on the healthy eating band wagon today along with the first lady.

she helped the disney cop reveal a new advertising policy. they are banning commercials for junk food and sugar are you drinks. they are be phased out on the next three years. >> this new initiative is truly a game changer. a global brand that is changing the way it does business so that our kids can lead healthier lives. >> the company is also launches the mickey check label to alert families to good food choices. it'll appear on foods in stores, online and on menus in the disney parks. >> a large wildfire in the sequoia for eve has burned through 1800 acres, it's burning near the grove an area that's fought burned in 40 years. some trees more than 150 years old and will no word tonight if they have burned.

tonight the fire is 35% contained. the cause is under investigation. >> let's talk about our weather. >> nice day. a little warmer, below average. no rain. we had that yesterday. today was about wind and slightly warmer daytime highs, warming up more into tomorrow. check out the central valley, couple days ago, i was show you 90s down here toward sacramento. this is the map and you can seat temperatures are cool throughout the state. we have winds blowing out there. up to point reyes, north of the golden gate bridge. beyond south of bodega bay. they are gust 30 miles an hour. gusts to 27 miles an hour in san francisco. the winds are continuing to really stir things up including the tree pollen. the tree pollens will trend a little high. tomorrow it'll be sunny, less wind, less cloud cover and warmer. not hot. just warmer.

into tomorrow you will seat weather systems stay north. we will be in a dry weather pattern and will look at very cool overnight lows, as the air settles in. during the day we are into a warming trend. started yesterday. it was so cool on sunday. you can see on -- we headed in to today warmed up and then into wednesday it warms up further. it'll get in to the low 80's into the middle and end of the week. the winds will start coming more out of the north northwest instead of the westerly direction that has things cool. tree pollens down a little bit. they have been high but are starting to come down, they are just in the medium range. grasses comingn 't and that's a tough one. the forecast, a's are playing, it'll be chilly. by the 9th 57 degrees. take a jacket or hoody if you are going to see them. forecast highs tomorrow. warmer temperatures than we saw today by a good five to eight degrees, 77 morgan hill,

78gilroy. wednesday warmer and you will see that in the five day. thursday, friday, saturday, kind of about the same or just a little warmer. no big heat wave. last week we were doing 90. this it week -- just postponing the fire danger and the winds obviously stirring uthe grass pollens. >> making for great views. >> you can see a long way. >> thank you bill. >> a long lost report shes now light on what happened in the moments after lincoln was shot. and a update for you on a story we first brought you yesterday on the 5:00 news. the big changes cupping for san francisco a cab drivers. what's that? when i take a picture of this check, it goes straight to the bank. oh. oh look the lion is out! no mommy no!

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. we just got off the phone with the transportation agency and late this afternoon the board approved several new taxi cab policies. taxi drivers staged a thousand is he protest. they are angry about changes which they claim benefit only a few select cab companies but muni says it'll make operating a cab cheaper safer. today the board cut the credit card rate they must pay. approved electronic bill that document where they are deployed and approved mandatory

surveillance cameras inside them. >> a new report sheds lights on what happens after the president was shot nearly 150 years ago. researchers have just now found a report of the first doctor to treat him after he was shot at forda theater. the report said that the doctor found the president in the presidential box leaning against i his wife. he ordered brandy and water immediately. the report was found in a box at the national archives. >> a test plane created the first of it's kind flight. it's a solar powered plane trying to be the first to make a transcontinental flight. it's a single seat air craft but is the size of a jet and it's fitted with 12,000sol ac cells so it can fly throughout the night. it costs more than a hundred million dollars.

>> a school administrator could be sent to jail. coming up, the admitted failure that the da said put students at rick of sexual abuse. it's a story you will only see here. if a tradition of gay pride taking on new meeting. the .

no a school administrator under investigation. what he is a accused of failing to do when students calamine whether abused by a teacher. >> and developing news in castro valley. what we are learning about the minutes before sheriff's deputies opened fire on a man suspected ofa attempted murder. >> complete bay area news coverage starts right now this is news at six. >> good evening . >> a san jose school administrator is now in an investigation of a teacher who may have abused students. only on two, matt keller is live in san jose with the timeline that police say doesn't add up. republican this is the last week of classes before summer here in san jose. what we found