news. we have breaking news. bart workers will rally today as word of a strike becomes more of a reality. and just minutes from now the sentencing hearing for the convicted kidnapper who held three women captive for ten

years. we're following it from the news room and we'll take you there live. a close call with a bus and train. what happened on the peninsula. the morning news continues. good morning. thank you for joining us. and august 1. good morning let's check weather and traffic. steve is there. the coast is clear. there are breaks. you said it. weeks and months we will get sun. they got it yesterday. it looks better by the coast today. we have low clouds here it will burn off. 60ed and 70s and 80s. good morning we're looking at the san mateo bridge and the traffic looks good all the way out to the peninsula with no problems. when you gloat 101 is in good shape. and highway 4 over the willow

pass grade. it looks good but there is slow traffic on the way to pittsburgh. >> let's go back to the desk. a woman was assaulted just outside of santa clara university. she was walking alone on lexington street near the mission library at 1:30 a.m. she said a man tried to grab her. she was able to escape and run home and call the police. officers brought in search dogs they lost the suspect's scent though in the campus. police believe it was the motive behind the attack. our reporter talking to police right now. we'll have a live report coming up at the bottom of the hour. now the threat of another bart strike. the clock is ticking to sunday night and the deadline. workers could walk off the job on monday morning if there is

no deal before the clock runs out. the contract talks are set to resume later this morning tara a union rally is planned for later today. >> they will rally here. >> the labor talks are contentious. and they have not budged. and they will issue a 72 hour strike notice a long day of negotiations. and leaders say that the clock is ticking. >> we have four days throat bargain. >> and you stayed later.

>> ask the mediator. >> they are bargaining in the media. the union countered with a proposal and they say that they're waiting for a counter offer. as you remember it shuttles were packed trying to get to work. this time around there will be more than the last strike. stay here with us if there are any changes or tablet. can you follow us on the air or on twitter or down load the

app. a second strike comes as the agency deals with another problem. the state has released new statistics showing a spike in violent crimes and theft at substantials across the city. the increases do in part to bart's ridership. and the thefts of iphones and other devices is a growing problem for all agencies in big cities. right now the sentencing hearing for a convicted kidnapper for ariel castro. and brian has more on what is going on in the courtroom this morning. >> and in sentencing day for a convicted kidnapper who held three women captive for ten years and again that sentencing hearing is scheduled to take place minutes from now.

and he has pled guilty to # hundred charges of kidnapping and rape. he held them captive for ten years in his home. now we'll go to live pictures now. this hear cog take up to four hours. people are getting ready for the hearing. and they are using entries that they kept during their abuse and captivity and cass toe could be sentenced to life in prison without parole and 1000 years. he is expected to speak and give a lengthy statement detailing his life and why he is who he is. the victims are given a chance to speak from what we understand. >> they're been quiet up to this point releasing a video.

we understand that one victim will give an impact statement. prosecutors will ask him to keep from seeing his daughter that was born to amanda berry. he must pay to to have his home torn down. but we'll follow the sentencing hearing throughout the morning here in the news room. new this morning, investigators want to know what caused a fire in china town. this one started about 3 this morning at a shop on clay street not far from the financial district. we were there a short time leader. this where it happened. no one was hurt. the fire caused about $5000 in damage. well this morning the police are investigating a deadly shooting that happened in east oakland. they found the body of a man who was shot and killed about midnight on 80th avenue.

they have not given other information about a possible suspect. police are searching this morning for a suspect in an a shooting where a person was killed and another was critically injured. police found the victims about 7:30 last night. they were in that white cadillac on somersville road. the suspect was driving a gold colored car possibly a honda or a chevy if you have information call police. a close call involving a bus and a train in menlo park t broke through a crossing and drove across the strategics seconds before it arrived. a spokesperson said five people were on the bus at the time but that no one was hurt. investigators are now looking at video from the bus to figure out what happened. and a southwest airlines light from denver made a safe landing at the airport yesterday. that's after blowing a tire. a crash time was ready and

waiting as the boeing 737 touched down yesterday afternoon. the pilots reported a flat tire after taking off. the plane landed and taxied to the gate with no problems. time now is 6:08. sal is back. you doing the toll plaza yet. >> that esnot that bad. let's take a look at what we have now. you will be happy with it. there is a backup in some of those middle lanes but it is better than normally is. there is a back up. and look at san francisco northbound 101. this looks good. and the extension looks good to king street. on the pens la it looks good all the way to the south bay breaks in 9 fog.

we'll see more today. the mean temperature was 60.1 which is close to the 30-year average. and 30 year average 66-point 5. the minimum was cooler. and checked in at 53.9. the big news is 26 out of 31 days had fog. that's a lot. the wind is cranked up. 65 but sunny and a normal high of 67. getting close. and now 28 miles per hour. that's to part of the delta. that's a stiff breeze. other locations cool. 4648 at fairfax and 46 and there is a chill in the morning air and more 50s elsewhere. we will see a break in the low

clouds now. it will turn off sooner. pressure not very strong but enough to stay here at least part of it for the next maybe 7 days. the pattern is quiet. and cooler lows. if you don't have any of the low cloud deck. and below average for many inland but near average near the coast and slightly below. we'll have a pattern of a warmer day on friday but not much change going into the weekend. why it could be great news for wine makers. and one california senator heads to the white house today. they're there are concerns

about the spy programs next.

this morning edward snowden has finally left the airport in moscow. his lawyer said that he has officially entered russia. the government run media reports he received papers granting him a one-year temporary asylum in russia.

he's been hiding out at the airport in moss cow for more than a month. senator dianne feinstein will be meeting at the white house about the nsa surveillance. we're live in the news room now with more on the meeting today and news of another secret program. >> reporter: dave, the same reporter who releasing specifics on another program. the guardian's glen greenwald said that with the xkeyscore it collects as much activity as it can and search teams used on the internet. the nsa assured lawmakers that are tiny fraction are looked at by officials. and the chairman of the judiciary committee determined whether the patriot act allows

this. >> based on the secret interpretation every statute that does not appear to authorize those. and it will be next. with the head of the nsa toll about reading e-mails when i see you next. live in washington. a lawyer has ignited the latest controversy in the scandal. it should foot the bill against the harassment lawsuit. the lawyer says that's because the mayor never received state required sexual harassment training. the council voted to deny the mayor money for his defense. there is a new development in the scandal here in the bay area. two groups are now calling for a s commissioner to resign. he was arrested on suspicion of

burglary and prowling. the labor group say he has shown a pattern of poor choices and bad behavior and time for him to step down. time is now 6:16. police at san jose state university arrested a suspect on the campus on tuesday night. police will give us more details. the 22-year-old victim is recovering. his head was hit on the sidewalk near the science building. police say it appears the victim and the attacker knew each other. now the victim was not a student and no ties to the university. a sex abuse claim has been filed against one school district. it is claimed that a fifth grade teacher molested a boy and faculty members did not report allegations of abuse. the victim is seek #-g $25,000 in damage. martin is facing 91 felony

counts of molestation. and baseball is threatening to suspend alex rodriguez for life. he is fighting the ban. sources close to the situation report that he is negotiating a deal with the league that would get him a lengthy suspension instead of a lifetime ban. he is one of 14 players expected to be disciplined in baseball's latest drug scandal. and time now is 6:17. an appeals court sided with some athletes over electronics arts. and they should have received compensation when avatars were used of them. ea said it is protected by free speech because it is an art form. the court disagreed. they will appeal. and sal, we watch highway 24, how are they doing. >> westbound 24 traffic is good. and 680 looks good so far.

and if you drive through 680 from concord not a big problem right now. and looking at the traffic between walnut creek and oakland. when you get to oakland the traffic is backed up for a delay. we look at the and all the lanes that's not the case right now. >> and between hayward and have a lot of slow traffic and it is a nice drive a howling breeze for others. there is a component of the wind. low clouds but there are breaks in the fog bank. it will burn off sooner. it took care of the low pressure and brought the inland temperatures down. the lows are cooler this

morning. 47 and 46 mill valley and santa rosa. this will be a first couple of weeks here. and 28. and mid50s and 48 and 49. mostly clear skies. and cleaves another says i will hang out for a while. a stable pattern here. we'll have 60s.

70s and 80s. not much changing. one day warmer and next two is cooler. well this morning chrysler reports the best july in 7 years. and that's ford and gm release their ideals let the record reflect. the biggest shareholders take the company private they could side with michael dell. votes have been evenly split between accepting the offer and rejecting it. we'll take you into the plant.

and the reason a restaurant group is paying the price for not give giving customer was they paid more.

the temperature that operates several east coast tgi

fridays will pay a fine for substituting cheap alcohol for more expensive brands. now the company will not fight the charges after an operation in new jersey. and it runs one of the restaurants in union city. manager does not switch the brands. now that the sun is up, the grape harvest is underway in napa. and it is one of the first wineries to pick grapes. this is one of the earliest harvests in years. they say that's because of an extended summer heat wave. it can produce especially good wines. the time is 6:25 the fix for the bolts on the bridge is well underway. the critical project is taking place miles away from the bridge. and the news went inside the plant and in vallejo that's where the saddles are made. they are bending special steel

plates into something that looks like a saddle. the system will be sealed and surrounded by concrete and rebar. >> once you put them in you stretch them down and you pump it around there and fill the void. it will never be exposed to the elements again. now the system will be fully in place in december but there is a chance that the bridge could open if cal trans adopt as quick-fix that's being tested now. the santa clara fair is opening today t used to be a big event with a lot of animals but attendance has dragged. organizers hope the addition of wine tasting and music will help increase the attendance. a lot of people didn't get that thing there.

did you hear that? >> i didn't hear it because i was paying attention to something. >> that's more important. what do you have? >> a couple of tweets, pam, from people stuck in terrible traffic they are saying on 580. i was looking at the maps. if i can put them up for people. this area here, this is eastbound and westbound a complete mess. there is roadwork going on that's not supposed to be blocking most of the lanes now and people are just, they are being taken by surprise. that's the worst type of traffic jam. and a stalled truck and that traffic is a mess. we'll keep an eye on this. and the angry tweets this is not a good situation. let's look at 280. that is looking good. the sunol grade that's moving well. steve? we're getting reports of 40- mile per hour winds. that may incorporate that for

some areas it is windy and the breeze is picking up. we have a low cloud deck and burn off sooner. cool for some. 60s, 70s and 80s. >> thank you, steve. allegations of unethical behavior by attorneys following the crash of flight 214. what some lawyers are accused of breaking. a woman is attacked from behind walking near the university campus. we'll tell you how she fought back. the latest on the investigation.

look at what they have. bed, bath and beyond. they are celebrating their dorm

collection i think going back to school. i know your wife and i have spent time in there. can you do a lot of shopping. pretty good numbers with help from the car sales we'll let you know business news coming up. and say good morning to you. thank you for joining us here on the morning news. it is thursday, pam, the first day of august. i'm dave clark. a woman said she was attacked a search is happening as we speak. >> reporter: the police did end the search a while ago. we're here at lexington and main. this is from the university. police say a young woman in her 20s was talking here when she was grabbed from behind bay man. officers say this happened at 1:30 a.m. this morning. she had been out with a group

of friends and decided to walk home alone. police say that this happened near the city plaza park on lexington. the man said don't talk, don't scream. she kicked him in the groin and ran away and called the police. it happened so quickly she was not able to get a description. police searched the area and the scent led them into the university campus near homestead and lafayette. but they lost the scent. and they don't believe it is involved in the rape of a woman last week. investigators say that this battery was not sexual in nature. of course they're not ruling anything out. they believe it may have been an attempted robbery. and the search for the suspect has ended because they don't have a good suspect description but they are investigating this. if we get more information

we'll find out if the woman was a student we'll let you know. now to the coverage of the threat of another bart strike. that clack is ticking toward sunday night and the deadline. workers could walk off the job if there is no deal. the talks in the dispute are set to resume at 10 a.m. this morning. we have more from oakland where a rally is planned for today. >> that's right. the talks, those labor talks will be starting earlier than they did yesterday. they got off around 11:00 as starting early. and here the identifys will meet to hold a rally. and things are heating up. and both sides describe everything as contentious. and management is not responded

to the last offer that was july 17th if that's the case the unions say they will issue a strike notice. a long day of negotiations around 9:30 last night. it appears they were set apart on safety. it is ticking and the deadline to reach a contract looms. officials do remain hopeful. >> we have time to get the contract done and there is disagreement now as to what is reasonable and fair contract is doesn't mean that that will not change before the deadline on august 4th. >> the 2300 blue collar workers make more than 76,000 in gross pay,s the highest among the transit agencies. but the cost of living increasing is making life a struggle. as you remember the last strike

backed up the roadways and people spending hours on the road trying to get to work and back. experts say this time around there will be more riders, making for an extra gridlock bay area. other agencies are preparing to pick up the slack in case of a strike. the ferry will launch the boats earlier in the morning and increase the number from 8 to 13. there will be more fer riff runs between oakland -- more ferry runs between oakland. an additional landing at the ferry building to reduce congestion. ac transit will run the regular bus service but hope to provide extra lines depending on the availability. in case of a strike bus stops in bart will be moved outside. now at the bishop ranch business park, managers have plans for increased bus service

from san francisco. they tell us that they hope to have an additional bus stop in the south bay as well as more van pools and ride sharing. for any change in the talks can you receive alerts on the phone or tablet. you can follow us on twitter and like our page on facebook or down load the app. we will let you know if anything happens. and just turning 6:36 now. the federal government's investigating reports of unethical actions by lawyers in connection with the asiana crash at sfo. the ntsb says there are reports that lawyers have been soliciting the victims. the law bans lawyers from approaching passengers in the first 45 days after a crash. and the ntsb said the complaints involve web sites and the lawyers soliciting passengers. here at home a man is dead, another nature a shooting last

night in antioch. and we have more live to tell us what the police are saying about the victims and about a possible get-away car. >> reporter: well, police are trying to put the pieces together to figure out what happened out here last night. ky show you now in the last hour they have cleared the scene. and it gives you an idea as the traffic is moving through, in and out, how busy the road gets. this is one of two crime scenes. i want to take you through what we know so we can explain why. this is and the police were collecting information here at this location. it appears at this point the men, one from richmond and one from vallejo were driving down the street when another car drove up and the people in the car started shooting. the victims did not stop even though they were both hit.

that's why there are two scenes. they drove to a half mile away and after officers found them. one man was pronounced dead. one is in critical condition. police told me they are trying to notify the victim's families. there not releasing any other information but they had tied to antioch. this morning, though, we have a description of the suspect vehicle for you. we'll put it on the screen. it is a four door honda or chevy. we do not know the model but it is gold colored. anyone with information is asked to give police a call. in the meantime, we know this morning investigators have been busy with interviews and gathering evidence. we come back out here live to the crime scene again that was cleared in the last hour. and they're trying to put all the pieces together figure out

what happened here. and so, sal, watching traffic. what are you keeping an eye on. >> there are some big problems. >> most of the east bay traffic will be busy in many parts. we'll start off with the toll plaza. it's not all that bad. you can see a backup here about a 5 to 10 minute delay. east and westbound. there is roadwork. they're down to a couple. according to a tweet from demand amanda, that's her handle, speed is down to 3 miles per hour. and there was a stalled truck. let's go to the area northbound 280 getting up to highway 17.

101 is slower approaching 280. now to steve. >> thank you. we have pachy low clouds there will be more sunshine over by the coast. it is cool and windy for some. 53 northwest wind. there are a lot of 40s and over to napa, i saw a 42. some of the breaks. san francisco's july wrap up as i mentioned yesterday, 26 out of 31 days had fog. that's a lot. the mean temperature and the average is 60.3. the mom is 66.3. normal 66.5. minimum is cooler r56789 3.9. normal is 51.1. and we're going 65 today after the 63. again, the last 70-degree temperature was 75 on july 4th r long stretch. it will be sunny and breezy and windy. there are gusts 28 part of the city. and fairfield and gusts to 40.

and for some it is a -- an extra hold on the spray today. san jose calm and sfo has a west wind as well. 40s to the north. 48 now and 45 santa rosa. 47 and mill valley. a lot of 50s though. sunshine and there have breaks in the fog. it is filling in a bit. and low pressure. if you like this pattern you will like the 7 or 10 days. no sign of a warm up. mostly sunny after the low cloud deck. colder lows. 80s for some. and vallejo. and 70 oakland that's where you should be. and san jose 76 and sunny vale. 74. a little warmer on friday but

not much change going forward. time now is 6:41 a surprise if you post information online. >> so this is a wake up call to millions of americans who use social media. >> coming up the legal ramifications of social media. what you need to know before you post. the sentencing phase has started for ariel castro who kidnapped and held three women captive for ten years. what is going on in court now who is expected to speak next. >> getting slower all over contra costa county. you can see it is slowing down on the way to concord. look at 'em.

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we have some clouds compared to yesterday. high of 67 and low 80s. welcome back. here is a look at some of the top stories we're following at 6:45 a woman was assaulted about 1:30 this morning just outside of the campus of santa clara. she was walking home alone when a stranger tried to grab her. she was able to break away and get free and then ran home and called the police. and investigators in san

francisco want to know what caused a fire in china town. this started at a shop on clay street. no one was hurt and the fire caused $5000 in damage. the bart contract talks will resume later this morning and a critical day in the dispute. and leaders say they will issue a strike notice if there are no developments in the talks. that 72-hour strike notice could come later today or it could come tomorrow morning. ariel castro is in court right now and his sentencing hearing starts in 20 minutes -- it started 20 minutes ago. and we have more on what happened so far and what is ahead. >> reporter: that hearing was scheduled to start at 9:00 this morning but as you mentioned. it started 20 minutes ago. we want to go to the live

pictures if we can inside the courtroom. you remember and pled guilty to 900 charges of rape of the three women held for yearly ten years in his home. let's listen in for a quit moment. >> we have information to present to the court, the sentencing hearing and the rule of testified is wider to get information. the court will consider the relevant information in determining will it whether accept the recommendations on the part of the parties. >> it looks like procedural motions going on now before the sentencing and impact statements which are expected to be happening later this morning. the judge went over the preliminary paperwork this morning reviewing and signing paperwork. and we understand that also that this sentencing hear cog take up to four hours today.

and the daily assaults and knight and from the entries they got from diaries they kept during their abuse in captivity. they will use a mock up to give a better understanding of what happened. under the deal castro will plead guilty for not getting the death penalty. he will be sentenced to life in prison without the possibility of parole. he is expected through his attorney he may speak. the book is open on that. he may give a statement detailing his life and why he is who he is. they are expected to speak and throughout the morning and the late efficient here on the mornings on 2. we're live here in the news room. new this morning, same-sex couples tied the knot at the stroke of midnight as gay

marriage became legal in minnesota. >> i will honor you. dozens of couples exchanged vows and weddings were held at county courthouses across the state and the mall of america. it was legal in rhode island. 13 states, including california, allow gay marriage with the district of columbia. and the contraceptive plan b pill ill will be available on shelves behind pharmacy counters starting today. the morning after pill will be along other health products at pharmacies and stores. it is now available for anybody to buy at any age without a prescription. last month the government dropped the fight to keep a restriction on the pill after

losing several legal battles. and 6:49. let's go to sal. i hate when there are problems. they are stuck. >> they are stuck. we're looking at the east bay commutes. they are lighter than usual. that looks not too bad as you drive past the coliseum. if you are driving and the way to oakland and the left past the coliseum. and the morning drive is going to be crowded. lighter than usual it put regular in quotes if there is a strike next week, it will not look like this. let's talk about the south bay morgan hill and there is a crash if you are coming in from morgan hill to san jose.

the traffic is not good. and deep red means slow traffic. let's tilt the maps up here to the river more valley n question and roadwork that is unexpected roadwork i should say westbound traffic is moving well. we appreciate your tweets and tips from the road. do it safely not while you are driving if you want to sent me something. send me a tweet or tip don't do it while you're driving. that's illegal. steve. if you have weather information sunrise over the city. sunrise and some fog. clouds. there are breaks. it is cold. doggie a little chill in the morning air. especially up to the north bay 40s. it will burn off. a pattern first of august. it may be what we had ten, 12 days out. below normal and the coast and

inland and it has been continuing. you get fairfield and 40 gusting at the pass. that tells you like a breezy day. some of the 40s. and santa rosa 45 and 42 and the area and marin county area. cooler this morning. and along the coast. 28 miles per hour. san francisco as well. the good news it will be sunny today. patchy clouds. some sun and it broke through. a quiet pattern. day to day changes. and next day down. no sign of warm up. mostly sunny. cold or lows. breezy and 80s to the interior. and upper 70s and closer to the water. and the west wind a blustery day. temperatures held down there. a ed not much change going into the weekend. and a growing problem at

construction sites throughout the east bay. the reason some workers are being targeted by thieves.

welcome back to the morning news. 6:55. checking in on the dow a great day # 33 points on the up side,

positive reaction to the comments yesterday by the federal chairman and a stock to watch, the clorox. they are 100 years old. they are and they reported a good quarter and outlook looking forward. that's about a half of a percent. >> 6:55. two workers in oakland were robbed and beaten. they say this happening more and construction about 5:15. two gunmen went up to a side at 70th and stole money and wallets and cell phones. and they beat the workers. one did go off but no one was shot. one contractor says that the workers are targeted a lot. and the police are searching for the suspects. and more pressure and releasing private information. in the last six months the u.s. made 900 requests for information. these the 3/4 of the request

the. japan made 87 and the uk filed 26. another warning to everyone who uses social media. if you post anything on line it can be used against you by the police and prosecutors. more than 50% of americans did not know about those legal ramifications. >> the study indicates that more than half the people out there who use social media do not realize what they posted. that to me was a big surprise. >> the web site took part and found that the younger people were more aware of the laws surrounding social media. >> let's check back with sal. that problem. >> we're watching that and the toll plaza. that's backed up for a delay. we spoke about livermore and the area that we're talking

about and a big mess on 580 here and roadwork and problems. >> let's go to steve. and the deck will burn off. gusts at 35, 40 miles an hour and the cooler pattern. next on the mornings on 2. and the south bay what we learned about an early morning attack. and a countdown to another commuter meltdown this is a critical day in the bart labor dispute. stay here with us.

we're live in santa clara where police are warning people who live near the university campus that a woman was attacked early this morning. we'll tell you how she fought back and we'll have the latest on the investigation. the clock is ticking towards sunday night and the b.a.r.t. strike deadline, the grim warning that could be issued today. >> reporter: one man is dead. one is fighting for his life after a shooting on a busy antioch roadway. what we've learned this morning about the victim and the suspect's vehicle. plus -- why this is a big day in the