protesters reconvene in downtown oakland tonight amidst tough questions for opd brass about how officers have handled two nights of protests. good evening i'm frank somerville. >> and i'm the gasia mikaelian. a slow but peaceful crowd has gathered once again. >> reporter: it looks a little

different now. we're at frank ogawa plaza, you can see there's a few dozen protesters tonight. what is different tonight is if you look out to the other side of the lawn on oakland city hall, you will see a number of police officers in uniform all over this area. corners around 14th and broadway there are a number of police officers, things are peaceful here now. but still a lot of people here are wondering but people are still wondering if it will last. it all began saturday after a florida jury found george zimmerman not guilty of murder. the officers said they had difficult getting to

protesters. like those who smashed these windows. >> the officers had a difficult getting to the point we had to deploy chemical munitions to rescue the officers. >> reporter: three nights in a row, frustrating? >> it is, it is. >> glass falling out. >> they need to give the police this authority to be able to arrest those participating in unlawful behavior. >> to say that we were not prepared is just an excuse. >> because we're so liberal, so progressive, whatever you want to say. we allow them to do things that they would not be able to do in another place. >> i don't know what to say, i

don't know. >> reporter: frustrating? >> yeah, frustrating. >> crowd dynamic, crowd size really affecting our tactics. >> reporter: back live. there's a number of officers here and a number of protesters. the officers say their tactics will change as things change here. ken wayne, ktvu news. >> the protesters if they don't live in oakland can't protest in oakland. >> reporter: the oakland city council tonight, one woman said she is so angry people coming from other cities to protest that she can suggesting police ask for i.d. today at 10:45, what we know about those arrest during last night's protest. and the question many people

are asking, why oakland. city rights leaders in san francisco this evening made an impassioned plea for the nation to address the nation that they say sickens the country. the president of the san francisco naacp chapter says this case points to the harm. >> trayvon martin had every right to walk in that neighborhood just like a white man. but what happened? zimmerman profiled him. a 19-year-old man from washington state died from a gunshot wound in san francisco. police say it appears that

kenneth harding shot himself but his mother says it was police who fired the deadly bullet. tonight hardening mothers gathered to mark his death. the medical examiner said the bullet that killed harden from a .38 caliber revolver. police revolver's are .40 caliber. protesters blocked the intersection for about half an hour before they moved off the tracks and regular service was resumed. police tell us no one was arrested. tracking americans phone records. the san francisco based organization today filed a lawsuit to stop the

government's electronic surveillance program. we spoke to the lead in that case. >> reporter: on this they found common ground. all of them outraged that the feds have been demanding the phone records of verizon customers and other americans. that phone call you made walks down the street could have been passed to the government. the surveillance program includes location data and the time and duration of calls is lawful and aimed at thwarting terrorism. >> there's a number of things that could be important to national security that could be

prohibited by the constitution. >> reporter: this is one of those things. dragnet electronic surveillance. >> who you call and when you call and how often you call someone. that's incredibly revealing. >> reporter: 19 organizations including religious and environmental groups have all joined the organization. >> organizations have the right to communicate with their members and for them to communicate with them. >> to find out that they have access to my records when they don't need it. >> my invasion of privacy and all that kind of thing, i do also understand the importance of keeping our country safe.

>> reporter: now this lawsuit requests that the government return all the information they have. it also calls for a jury trial on the accusations. much more to come. heather holmes, ktvu news. three suspects are being held for questioning in connection with an armed robbery. investigators say it happened around 1:00 p.m. at bennett jewelers. police say one of the suspects pointed a firearm at employees and customer while the other smashed several jewelry cases. police won't say what they took. investigators then say an employee pulled out a gun and shot at the suspects that got away. tonight a child care worker in morgan hill is under arrest for committing lewd acts with a 6-year-old girl he was watching. during the investigation, police say they found another possible victim. >> reporter: people at this ymca child care program in morgan hill say they are reeling after a teacher's

assistant 21 nicholas larmaney was arrested for lewd and lascivious acts of a 6-year-old girl. it occurred while nicholas was on duty friday and another worker was not around. one parent was visibly upset. >> reporter: do you plan to keep them in the program? >> i don't know. >> reporter: -- >> he took the child to another location alone. >> reporter: the young girl told her parents who reported the attack. larmaney was employed at ymca programs for four years. >> we have identified one person in those images and we're looking to see if there's any other victims. >> reporter: larmaney faces a

separate felony charge, and photographs of a minor. >> to have someone that we know and love that we've known for a long time is shocking. he grew up in the community so a lot of people know him. yes it's very hard for people to believe. >> reporter: larmaney is being held in jail. firefighters heard a woman screaming and were able to pull her from a burning home. if fire broke out, firefighters were also able to rescue several of her animals. at this point the cause of the fire is still not known. happening now, flames from a wildfire have destroyed more than a dozen buildings and three homes in southern california. the mountain fire is burning on the western slope of mount san

jacinto between hammot and palm springs. the flames have forced the evacuation of homes. more than 200 firefighters along with aircraft are battle the fire. the u.s. forest says so far the fire has destroyed three houses and three mobile homes along with a cabin, a garage and a half dozen vehicles. at this point the fire is only about 10% contained. a coroner says an overdose of drugs and alcohol killed cory montease. the body of the actor was found in a vancouver hotel room. police say it's too early to know if it was a bad batch of heroin that sometimes turns up in vancouver. >> there was no foul play. and if this was an overdose and

>> monteague had been open about his drug abuse struggles. lea has been grieving alongside his family and making appropriate arrangements with them. they are all asking for privacy. a bay area homeowner has a warning. >> he was screaming like he was dying. >> temperatures are 10 to 20 degrees below average but that's about to change. the warm up you can expect in your area tomorrow. >> and where is baby daphney. >> tomorrow makes one week that she's been gone. we just want her home. >> what investigators need from you to piece together the time line of her disappearance.

new developments and new questions tonight in the disappearance of a missing 2- year-old girl. 21-month-old daphney web was reported missings six days ago. patti lee is in oakland with the one person missing from that announcement. >> reporter: the baby's father did not join his mother and family at the the announcement and that brings concern. >> if you know anything, if you know where this child is. >> reporter: it was a prelude to a press conference during

which daphney's mother wept while she hugged supporters. she was too emotional to speak so her father did the talking. unveiling a new website opened today. >> reporter: this is strictly for updates from the family. >> reporter: and founder mark class explained that until both parents were cleared of all suspicion it would be hard for the public to accept the kidnapping scenario. >> i think it's glaringly obvious that he wasn't at this event. >> reporter: class took aim at dapney's father for not attending this family gathering, saying it could gardener the support. >> it's in everybody's best interest, especially daphney's best interest for dad to come forward and tell police everything he knows, and answer

his phone. >> our investigation has not to identified the father as the main focus. >> reporter: they inturn updated us that june 28 was the last time daphney's mother or anyone else saw the baby girl. now to show their support neighbors left this sign next to the apartment where daphney live with her dad. the family is holding a candlelight vigil tomorrow night. they're asking the public to attend. whether john webbb will attend, is yet to be seen. his cell phone messages are full and he hasn't been home all night. new information tonight about a man killed on a berkeley hill neighborhood.

miller's body was found yesterday on the university overpass. no arrests have been made and police still do not have any information about the vehicle that hit him. in a rare trial of men accused of a gang rape, the judge has stopped the verdict of one case. if the second is not available, the one for peter will be read. police announced the inindictment of two men. landry jr. and dominique martin both 22-year-olds from oakland are charged with a string of armed robberies at wal-mart stores and a safe way store in 2010 and this year. landry is also facing charges

of bribery for offering an officer money, a watch and a car in exchange for escape. b.a.r.t. says it was one of only 16 rail and mass transit agencies across the country to earn the gold standard rating. the tsa review looks at security plan, public outreach programs and security training. b.a.r.t. is currently in the middle of bitter negotiations. the union also says that b.a.r.t. has not done enough to secure the safety of drivers and the riders. today the man accused in their deaths appeared in court.

>> reporter: business went on today even as the family of one of two clerks killed here friday struggled to understand why. >> i don't know why, why these people come and -- >> reporter: 23-year-old barry white stabbed and killed two female clerks and wounded the male store owner in a dispute over an item he purchased for about $300. >> i think it was an an item that did not have as many grams of whatever the precious metal it was supposed to. >> reporter: wise stabbed the two so severely that minh was almost decapitated. >> you see the terror in her face and you see the frustration as she realizes she is going to die. >> reporter: a jewelry store clerk tells us he recognized

wise. >> i don't understand why this, this has guns and knives. >> reporter: wise faces two counts of murder, 20 counts of attempted murder. he is also charged in a separate case in which he is accused of assault on officers. and the marine layer 1,050 feet. 67 in vallejo. temperatures cooler than they were yesterday. these last two days well below average. things are changing around as we head into your wednesday. kind of like it's been the last few mornings, lots of coverage

but in the afternoon you will get a quicker burn off. today like in the san rafael area you did not see any fog. highs warm up. you're going to see numbers tomorrow in the 80s and even mid-80s in the warmer spots. lots of 70s. we will go looking at these warm ups. we will let you know when that happens and how long it last, see you back here. the east bay could be getting 16 more regional parks. right flow the regional park system is the largest of its kinds in the u.s. and the board has approved 16 other locations. just one location drew opposition the tesla site east of livermore because the state may use that area to expand an off road vehicle park. in two minutes the major fine against pg & e for that deadly explosion in san bruno

two years ago why some say it's still not enough. up first, a $7 billion spending plan. the priorities that were given unanimous approval today by city prosecutors. and at frank ogawa plaza, we continue to monitor the gathering. the protest is peaceful. we'll bring you a live update later in this newscast. ♪

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san francisco supervisor gave their stamp of approval. the supervisors voted unanimously and are expected to give final approval next week. so here are some of the ways the city will spend the money. $4million to restore federal cuts to hiv programs. a rec and park house in every district and $480 million to close deficits for the next few

years. pg & e is being hit with a major fine for that san bruno explosion. the penalty is less than some had demanded but our consumer editor reports, tom vacar reports, the new fine in increased rates was killed. >> reporter: the proposal reverses a proposal that essentially said. >> pg & e would pay the fines and penalties to itself. using that money to cover shareholder costs. so in effect, holding pg & e unaccountable. pg & e revenue requirement will be reduced in that they will be

authorized to collect 1 billion less. >> reporter: on top of pg & e absorbing the 1 billion in cost, the utility will pay a $5 million fine to the state. but that's far less of what was recommended earlier but numerous parties. >> the puc is still too cozy with pg & e. >> reporter: pg & e just released a statement saying staff's failure to account for cost would force pg & e to pay 4 billion, about 40 times more than it has ever been forced to pay. i'm consumer editor, tom vacar, ktvu channel 2 news. more details now, the city of san bruno weighed in saying

we commend the san bruno is still pushing for more safeguards. concord police are asking for the public's help. an arrest warrant has been issued for david gleason jr. police say gleason could be armed. investigators say they believe gleason could be ties to bay point, pittsburgh, bay point and eastern alameda -- pittsburg. i saw a horrifying scream and i saw the deer running down the east side. >> one man's warning after his labridore's run in with a deer.

boeing is being targeted in a possible lawsuit in connection with the asiana airlines flight. the crash may have been caused by a mechanics auto throttle. a preliminary investigation by the ntsb said the plane was coming in too low and too slow but pointed no blame. the suit is on behalf of 83 people on board that flight. a lawsuit has also been filed against asiana airlines itself. an attorney claims a bay area woman and her 8-year-old son suffered back and neck injuries and the woman has been unable to return to her job as a foreign language instructor.

a man has contacted us saying he wants to warn people of a deer attack on his dog. >> reporter: the owner tells me his dog was attacked right here on his driveway over the weekend. 6-year-old casper a yellow lab is back home from the vet's hospital. but he's partially paralyzed unable to walk on his leg left. over the weekend a buck dodged on casper injuring his spine. this is a photo of a deer taken just steps from where his dog

was attacked. last month visler says his 6- year-old daughter encountered a deer in her backyard. cisler says he's lived here for 16 years he says the growing deer population eat on many vegetation at their homes. >> so people need to keep an eye on their kids. >> reporter: visler says he hopes that casper will make a full recovery. the vet bill is seven -- $7,000 and counting, but the prognosis is good, casper is expected to walk again. the line that killed a 26- year-old woman tested negative

for rabies. the lion was killed after the attack. the parents of the dead woman believe the lion was playing rough. they did not believe the lion intended to kill their daughter. the oldest daughter of dick cheney is shaking up the wyoming republican primary. she and her husband lived in virginia until last year when they moved to jackson. but she says her family has deep roots in wyoming. the boy scouts of america has banned morbidly obese scouts from their jamboree. an index of more than 40 means that person is about 100 pounds

overweight. scout leaders say they're worried that physical activities at the camp would be too much for obese scouts. but some experts say that activities should be moderated for heavier scouts. sketcher customers will get 80 to $40 each, the two main plaintiffs get $200 each. the dow dropped 32 points, the nasdaq was down eight. coca cola's earnings is down.

earnings for yahoo are still on the rise. myer said it could take two or three years to turn the company around. google may be taking some of its operations back to its roots in palo alto. the san jomercury news reports that google has bought two properties. the company started in a menlo park garage and set up its first professional office in palo alto in 1989. the phone company's next program does away with two year contracts and allows people to pay for their phone or tablet in monthly installments. after making monthly payments for a year, customer. >> jim: be able to turn in their used phones and tablets for a new one. forbe's magazine put san francisco near the top of the list of the most inventive cities in the world. the magazine found netherlands was in first place with 22.6

patent application for 10,000 residents. san diego was number two, san francisco was third. one player was the star of baseball's all star game tonight. coming up next, mario soriano's night. >> and our chief meteorologist bill martin working on his complete bay area forecast. he's back with a big warm up he's tracking. this south bay woman opened her hope to save cats but in a fire today not all the cats she rescued were spared.

a san jose homeowner, her dog and seven cats are alive but she's mourning the deaths of dozens of other cats. miller called 911 to report a

fire at her home. she says her dog bunny woke her up by barking and they went into a fenced in patio but could not get out because of a locked gate. firefighters cut through the gate to rescue them but they could not save all the cats. >> i personally never witnessed this many animals in one residence. >> i'm just stunned. i mean i'll have to deal with where i go from here. but right now, i'm just stunned at the fear and suffering of my animals. >> the surviving cats are being treated for smoke inhalation. miller operates a cat rescue operation from her home and may be sited for doing so without a permit. the cause of the fire is still under investigation. a state appeals court has upheld san mateo's ban on guns. the ruling comes after a 2011 lawsuit by a gun's rights

group. that allows people with concealed weapons permits to carry guns. the group's attorney says his client may appeal again. in news of the world tonight, in moscow nsa leaker edward snowden has decided to request asylum from russia. russia has insisted snowden stopped leaking information and snowden agreed. the surface air control system and radar equipment, cuba said they were being sent to north korea to be repaired and returned. the koreans on the ship were arrested and the captain may have tried to commit suicide. in london the house of commons legalized same-sex

marriage in england and whales. mostly a formality. next queen elizabeth should give official approval and that's expected later this week. same-sex couples can then get married by next summer. the former general manager of the sanitary district has been arrested in the philippines. a warrant for bret richards arrest was issued back in march. he's wanted on felony charges including embezzlement and money laundering. richards was arrested by philippines police last week and is now awaiting extra diction proceedings to return to california. a new and very different kind of courthouse is being held. a ground breaking was held for the family law center. it's designed to create a calm and stress reducing environment for families. american idol comes to the bay area. >> it's a lucky season 13 for

us. >> see how ryan seacrest fired up the crowd. >> plus when 90-degree temperatures will return and your bay area forecast. and run of the reason why protesters consistently come to oakland to cause damage. what makes the sleep number store different? you walk into a conventional mattress store, it's really not about you. they say, "well, if you wanted a firm bed you can lie on one of those. we provide the exact individualization that your body needs. oh, yeah! once you experience it, there's no going back. don't miss the final days of our summer closeout, for the biggest savings on all sleep number memory foam and iseries bed sets.

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happening now we want to take you back to downtown oakland. ken wayne has been monitoring the demonstration. >> reporter: let's show you the video tape, police asked a person to turn off his boom box. the police are enforcing all city ordnances right now and said that the noise ordnance was in effect. he had to turn off the boom box. there's some yelling and screaming back and forth.

the crowd started to gathered around a man that police directed their attention to. but eventually the crowd actually pulled the man away from police officers. so he was not taken into custody. however, just about five or ten minutes ago, one man was arrested. placed on the ground, put in handcuffs and physically carried by officers and driven away. the crowd was upset about that as well. i just found out from a lieutenant that man had an outstanding felony warrant and that's why he was taken away and at least two people have been given citations for stepping offer the sidewalk against a red light and they were given tickets and they were upset about that. so what a difference, you know last night people were smashing windows. tonight they're getting tickets for stepping off the sidewalk. so right now, again, everything is peaceful, and people are hoping it stays that way. live in oakland, ken wayne, ktvu channel 2 news. tonight police have also arrested the person who they

say hit a restaurant worker in the head with a hammer during last night's protests in oakland. christien kafton has more on that and also one theory why these violent protesters keep on targeting oakland. >> reporter: tonight we are learning the names of some of those police say were involved in monday night's mayhem, among the most serious injuries a waiter from an oakland restaurant hit in the head with a hammer. his coworkers say she is resting at home and was hit only because he was trying to stop people from breaking the windows. most of those arrested live outside of oak land. one of the big questions is why

protesters come to oakland to do things like this. part of answer might lie to easy access to mass transit. >> i think that's the key to this, i do. >> reporter: part of the sudden increase in rowdy protest may be a frustration with more peaceful methods. >> it may be that we've run the limits with the tradition dance we've done in terms of protests. and that it has to be other ways of doing it. >> reporter: jones says the increase in violence directed toward the media is a new phenomenon. in the past, organizers have wanted their message to reach as many people as possible. >> people who protest have always anxious to have the media there and wanted the media. >> reporter: jones says the public shouldn't lose sight that the protesters are expressing outrage over the death of a 17-year-old florida

boy. in oakland, christien kafton. nasa aborted a space walk when an astronaut had problems with his space suit. luca parmetano reported a problem with his suit. nasa quickly ordered them back inside. chris cassidy said pomesani looked miserable but okay. this is the first time a space walk has been aborted like this. the cause of the leak may have come from the astronaut's drinking bag. and take a good look because the next american idol may be in this crowd. some people told us they drove

for hours to take their shot at fame. american idol premiers in august right here on ktvu. temperatures well below average. they're going to start to warm up from here. here's the low pressure center. you can see it spinning around. high pressure is going to push it back. sort of out more in the pacific. it's going to get off our coast. the marine layer is going to get more shallow and we're going to see temperatures increase dramatically over the next couple of days. it's not that warm out there now. look at concord just 60. 59 in walnut creek. tomorrow morning, when you wake up, there'll be plenty of fog and low clouds. it's slowly going to subside as we head into thursday, friday and saturday. down at 2,000 feet. now it was at the 3,000 feet 24 hours ago. right now it's 2,000 feet you can see the forecast for it tomorrow mortgage. lots of coverage as you get

going tomorrow morning. but it burns off quickly and comes back tomorrow night. there's the high, as it moves in, starting moving in tomorrow it starts bulging this way. it balances itself out. we're going to have this middle zone here. by thursday and friday i think easily we'll see temperatures in the 100-degree range until central valley. we'll see mid- and upper 90s. everybody in between will have a variation when you will see numbers until the 50s and low 60s. easily a 30-degree spread. not atypical, kind of what you expect. away from the fog, inland vacaville and fairfield we will get up to 87. you will have a sea breeze 80. so you get the idea. it's just going to be a little bit warmer this is a big change from what we saw today with temperatures just in the 60s and 70s. tomorrow we're going to see

lots of 70s and 80s. it'll get pressed right into the coast and the cloud bank will shrink to less than a thousand feet. you will see that here in the five day forecast. tomorrow starts the warming, your wednesday. thursday compressed marine layer further then you're into the mid- and upper 90s and they keep coming up. in this range, saturday, sunday fire danger will become something we'll be talking ability. there's your five day forecast. it's just one of a warming trend because it has been really chilly the last 48 hours. >> we've seen the heater at home. >> i'm sure you have. >> thanks. >> sure. when the music ends, concertgoers can continue to party at other venues. organizers have just released the line up for the afterparty shows. the performers include smith western, the tallest man on earth. zed, king tough, and the

growlers. tickets go on sale friday and are only available to people who have already bought tickets for outside lands. our sports director mark ibanez joins us after spending all evening watching the all star game. >> there's lots of people tell you that they love a pitchers duel. three of the four guys didn't even play. they are not wrong to tell you this was a doozer. there's been great defense in baltimore. manny machado robbing paul smith. the indian the young second

baseman kitman. and mariano rivera is the game's mvp. only three hits for the national league. rivera it is definitely his last year he says afterward. >> i think that the bullets are getting short too. i mean that's all i have. i don't have nothing left. i'm giving it everything that i have. everything that i have, i have no reason to say, i should do this another year. what you see is what you're going to have and that's it. >> total class agent right there. never been scored upon in nine all star innings. not too early to start talking nfl football. the camp set to open and we'll explain why one of the 49er defendant backs was in london preparing for the regular season. sports two, next.

everywhere you go now, football creeping into the conversation. nfl camps opening next week. looking ahead still further. 49ers will scoot across the pond in october to take on jacksonville's jags. the actual site for the regular

season game. niners doing a little reconnaissance over there this week. represented by donte whitner who is getting no problem getting pumped up for the season already. >> whenever you lose a game like that and confetti is falling from the ceiling and it's not falling on your head, it's falling on the other team and they rush you off the field, it's motivation for a lifetime. and u.s.a. prevailed 1-0. same exact result tonight. much balmier climate in connecticut. that's the place usa takes it on 82nd minute landon donovan the great pass ahead to bret shay. eight straight wins for team usa. they'll take on el salvador on sunday. that's the sporting life for a tuesday night. >> go team usa. thanks mark.

thank you for choosing ktvu channel 2 news. we are continuing to gather information from oakland as the protest goes on. >> and remember ktvu news is always here for you at ktvu.com and mobile ktvu. ♪

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take toilet paper, for example. do you realize that toilet paper has not changed in my lifetime? it's just paper on a cardboard roll. that's it. and in 10,000 years, it will still be exactly the same, because, really, what else can they do? yeah, that's true. there really has been no development in toilet paper. and everything else has changed. ha ha. but toilet paper is exactly the same and will be so until we're dead. wow! you find this interesting, don't you? yes. yes, i do. captioning made possible by columbia tristar domestic television