felony charges, as he said, politically motivated. he believes that this was an accident and that his client should have been charged with a misdemeanor charge. now, he indicated to me that he intends to bring up tomorrow at his client's arraignment information to the judge about his client's past that he thinks will be helpful to the case indicating to his client doesn't drink and that he lost his daughter in an accident earlier this year in april, a car accident, and he says he is torn up inside about what happened. so, again, we're looking ahead to the arraignment tomorrow. coming up at 6:00, we'll have audio from the lawyer, what he told us about this case and the political, as he put it, charges that he thinks behind -- thinks are behind the felony charges. for now, rorth live in san francisco, david stephenson ktvu channel 2 news. continuing coverage now, bart trains are running again, and this evening commute is proving much smoother than the morning commute. bart promised lechlted service at 4:00 a.m.

but stations didn't open till almost 6:00 a.m.. at this hour, bart tells us service is now fully restored, and all the scheduled trains for the evening commute are running. as the system works to get back to normal, the ntsb is updating us on that deadly bart accident that killed two workers over the weekend. ktvu's ally rasmus is live in walnut creek. here's the ntsb briefing underway. >> i also have with me again on this team. mr. hickston works from indiana, and gorgetta gregory is our division choef out of washington, as well. this is my third and will be my last press briefing while on scene. once again, on behalf of the ntsb as an agency and myself and my team, we express our sincere condolences to the families, coworkers and friends of the deceased in this accident. last evening, ntsb investigators

held another progress meeting to report and discuss their progress, findings of the activities, and as i said yesterday, this on-team phase is just a fact-gathering phase, and we continue to benefit from the parties cooperating and assisting us in this investigation. those parties being the state of california, public utilities commission, bay area rapid transit district, federal transit administration, and the state of california department of industrial relations division of occupational safety and health. now, an update to include what we did today, our on-scene examination of the signal system is complete. preliminary calculations based on lengths of track segments were accomplished to help us ascertain train speed. this equipment, bart cars, do not have the type of event recorders that capture train speed so we have to use other and additional data to get a

good approximation of speed. this will help us with our site distance and reenactment activity. thorough mechanical inspections of the trains and equipment have also been completed. the damage to the equipment has been documented. during this inspection -- during this inspection, an examination flat spots on some of the rear car wheels was noted. such flat spots may be the result of the application of brakes on the train prior to striking the two persons on the track. we have also requested 30 days of maintenance records for these rail cars, and bart is compiling that information for us as quickly as possible. we continue to receive additional documentation that we have requested from bart california public utilities and the fta. the inspection of the equipment also verifies that the lights,

horn and brakes were operable without any defects noted. we conducted additional extensive interviews with bart and california public utility employees and osha today. these interviews were conducted to obtain additional information relative to training provided to operators and to other employees that are authorized or approved to enter the right of way at or close to the tracks. we also gathered information regarding the relationships -- regarding the oversight relationships that bart has with california public utilities, the federal transit administration and california osha. like yesterday, this activity took the entire day to complete, and we did gather a tremendous amount of information for us to examine. there were two individuals being trained to be operators on the day of the accident. each trainee spent time in the operator's seat for such training under the direct

supervision of an experienced trainer positioned behind the trainee. at the time of the accident, the trainee's time in the operator's seat was part of the trainee's certification to operate trains in revenue service. we have been told that the other employees on board were riding in the passenger portion of the car. in addition to the trainee operator and a supervisor trainer that have already been interviewed, we have plans to complete interviews with everyone that was on the train. yesterday there were a few questions related to what protect was provided to the two individuals that were out on the right of way and subs kwebt kwently struck by the train. prior to their entrance on to the tracks, the two persons requested and were granted simple approval from the control center as part of the simple approval that the track inspector and the consultant received to allow thim to go on

or near the live traks, the responsibility of their safety is on themselves. the inspector and consultant were required to remain together for the duration of their activity, and one of the pair is to be designated as the lookout. the lookout must be positioned outside of the train operating envelope to be able to view any oncoming train from either direction on any track -- in this accident there were two traks. a job briefing is also required before beginning work. the designation of the lookout is determined during the job briefing, and a plan is also discussed on how and where to move into the clear of any oncoming trains or other equipment operating on either track in either direction at any time. the examination of various downloads of the train equipment continues. the ntsb has taken custody of all image recording equipment on the train, and the equipment has been ship today our laboratory

in washington dc. this includes the data from an image and audio recorder in the operating portion of the lead car. the image recorders within the passenger portion of the car are being handled in the same fashion. tomorrow, ntsb will also meet to plan and coordinate and develop protocols for site distance and brake testing. this activity was pushed to tomorrow. the site distance testing, brake testing and reenactment will also occur tomorrow at the completion and agreement or after the completion and agreement of plans and protocol tomorrow morning. as you're aware, bart began running revenue passengers' trains early this morning. additional interviews, as i mentioned before, will also be mroished tomorrow. any questions? >> how the two people could have

been caught off guard on the track? >> she's asking if one of the things we'll investigate be -- will we do things to determine how possibly the two people on track might have been caught off guard. absolutely. we're looking at all of that, and some of the image -- >> any preliminary information to suggest what may have happened? >> no. as i said, a lot f the reporting equipment, video imaging, those types of things have been sent to -- >> listening into the lead ntsb investigators from washington bringing us up to date live here about the accident that killed two bart workers over the weekend on the tracks near walnut creek. we understand that a reenactment of the accident that was due to happen today has been pushed back to tomorrow. these are pictures of the two bart workers who were killed again. we learned yesterday they were being trained at the time of the accident. >> one thing we have learn second-degree -- learned is one of the two workers is supposed to be designate td as a lookout and stand outside what they call the

operating envelope of the trains and determine whether or not any trains are coming. they are still trying to figure out what was going on in that process, in the lookout was there, if the lookout saw the train. those are things they are look k into during this investigation. >> we heard the phrase flat spots on the wheels. they're inspecting not only the mechanics of the trains themselves but looking specifically at the wheels saying flat spots to the brakes may have been applied before the impact. all of that information is being gathered, tested here and also taken to washington. we do have a reporter on the story. we'll have more throughout this news cast and on ktvu channel 2 news at 6:00 about what we're learning. meantime there's new information now on the tentative labor agreement reached with bart late last night. ktvu obtained a copy and the contract offer includes a 13% salary increase through the next four years. that's 1% more than the last proposal we heard about. employees will contribute 4% toward their pension plans, sdpa and they'll pay $130 a month toward their medical plan. the proposal also includes

safety provisions including bullet proof glass which will be installed in 15 different station booths. life insurance coverage will double to twice the employee's pay, and there will be a stricter overtime policy. president brientd told ktvu she believes the deaths of the two bart workers played a role in the quick progress of the talks. >> to come degree, it did, but i think that management recognized that this situation had to end. people -- you can't run service with people that are not trained or that were trained many years ago. if you're not being recertified, if you don't have the seat time, that reflection in action, these kind of things can happen. >> all of these contract details are tentative. members will vote, and the contract could get wrapped up by early next week. as the agreement was announced late last nieshths lieutenant governor was one of many local politicians standing alongside union members and bart management hailing the new deal. when he spoke, he had a definitive statement about the impact this bart strike has had

on the bay area. >> this has got to be the last time this happens. i think everyone is fed up, and no one wants to see this ever happen again. >> some bay area lawmakers have already called for a state law banning transit strikes. ktvu john fowler joins us live with that part of the story. john. >> well, politicians are writing a swell of public opinion, and tonight they're putting bart management and unions or on notice. >> the strike may be notice but the acrimony certainly will linger, and now there's a warning for bart. >> the people in this region are not going to put up with this again. they will move forward legislatively or otherwise to disband an agency that cannot effectively govern itself. >> lieutenant governor told me late today the new agreement calls for a labor management committee to try to diffuse issues before they blow up. >> we'd like to see the legislature solve this problem. that's what we expect. that's what they're there today.

>> these contra costa elected officials. san francisco labor counsel head tim paulson says such a ban won't fly. >> this strike was avoidable, and the workers got pushed into a strike. i want to be clear about that. >> that sent an echo who told me bart appeared willing to tolerate a strike, that the public would blame union and may call for a future strike ban. san francisco state labor expert professor john logan who also sat in on the talks told me these were the, quote, most dysfunctional labor negotiations possibly in state history. he's calling for a board of inquiry into what went wrong. >> we have a lot of work to do to rebuild that trust. >> the grass roots movement to ban bart strikes acknowledged today it's unlikely the legislature will act soon, but activists say if lawmakers dawdle, they'll go directly to voters. reporting live, john fowler ktvu channel 2 news. a local hospital is closing,

and some employees say they've been caught off guard. new at 5:30, the changes kaiser is making leaving some pediatric nurses in limbo tonight. police have been tapping retirees for duties. we'll show you the bitter fight erupting here from that strategy. the morning not so nice for some. coming up, whether we will see that fog return and your temperatures expected for tomorrow morning, as well as your wednesday afternoon.

we have breaking news now on another transit conflict facing the bay area. governor jerry brown will be asking st judge for a 60-day cooling-off period in the ac transit labor dispute. an advisory board convened by the governor found a bus strike

would seriously disrupt public transportation. a judge will be hearing the governor's request tomorrow morning. transit workers have rejected two contracts over issues including pay, medical benefits and driver safety police department is struggling with a staffing shortage. now, some creative solutions to get more officers on the street is sparking a battle inside the san jose police department. san jose pd began tapping retired officers to conduct the extensive background checks on police applicants to keep more active officers on the streets, but as ktvu's robert honda tells us live from san jose, the police union say it is city is now abusing the strategy and wants retirees to boycott the process. robert. >> well, the san jose police department has a well-documented problem with staffing. this latest dispute could affect how many extra officers are out on the street. >> the san jose police force has less than 1,000 officers, several hundred less than just a few years ago after an arbitration bite, the department was able to take officers who

were conducting background checks on applicants and put what the department estimated to be about 17 officers on the streets. background checks were turned over to agency that is hired mainly retired cops. 27-year veteran and former lieutenant glenn harper was one of them. >> it was one of my way of saying you don't work for a place for 27 years and don't care about the citizens and people who are still there. >> to cut costs, the city stopped using agencies but still wants to have some retired officers continue the background checks and keep active officers on patrol. harper and others refuse after seeing a letter from the police union. the letter told the retirees to not allow the city to manipulate and divide us this way, and that with every outsourced position, an active officer is bumped. the union said the department had moved enough officers around already. >> the chief has made decisions to have the traffic unit come out and work patrol to help out. he's made decisions to pull detectives out of the detective bureau. >> the city responded angrily saying the move will not result in layoffs or bumping of any

active offices and will allow it to have more officers on the street. >> that'll make it more difficult for us to do backgrounds on the new recruits. it may slow down the recruiting, and that's going to undermine the department. >> glenn harper says he's caught in the middle. >> personally, i think it should be done by full-dhuty officers. you have another officers, this would not be an issue. >> the police department tells me it has decided to put five full-time officers on background checks and supplement them with about a dozen retirees, though at this point police say some retirees have expressed interest but no one hired yet. live in san jose, robert honda ktvu channel 2 news. a lot of us around the bay woke up to a very foggy morning. fog is going to be an issue for people up in the north bay. >> yes. that is where it's going to be, especially so much so the national weather service has decided to issue a dense fog advisory for some of those areas. let's take a look at what is happening outside our doors right now. 50 greece at half-moon bay.

59 in oakland. 80 greece walnut creek. 84 in livermore. does that sort of look like summer to you? we've got low clouds hugging coastline. weak on shore breeze. that's where we're seeing these cool temperatures. 53 degrees in san francisco, but you get into the sunshine, and it is a warm day. livermore, again, 84. 83 in fairfield. santa rosa checking in about 74 degrees. we are off to a cool off for the evening hours, and i think tomorrow morning we'll probably start out a lot like what we had this morning. that includes the fog. giving you a look here at the low clouds, i put on a one-hour time lapse. it's really tough to tell. the low clouds beginning to move back across the bay. by tonight, this is going to fill in once again. in addition to these clouds, we get what we call ground fog happening, and going to happen especially over parts over the north bay valley locations when that cool air really drains into the low-lying areas. we have the clear nights. we have the calm winds. that sets up a recipe for the fog. this is where the dense fog advisory is going to be.

starts tonight, lasts into tomorrow all the way until about 11:00 in the morning, and, again, it's for the low-lying areas and inland locations. highway 101 stretching into santa rosa. st. helena yachtville, sonoma, novato, petaluma, this stretch along highway 101 could be a little bit hazardous. if you can give yourself extra time tomorrow morning if this is your drive. it stretches all the way into the nooks and krannies. take it easy tomorrow. it's going to be a lot like what we had this morning. on the grand scale, ridge of high pressure still in place. notice the spin here. we've got this shm -- o ops, didn't mean for it to bounce so high -- and we've got this system here, but neither really having an impact on us. a few high clouds sometimes, and outside of that it's really not going to touch us. we will continue with this very persistent patternings, cool mornings, 50 degrees in oakland as we start the morning. low 40s for santa rosa as well

as napa. mid 40s to upper 40s around bart parts of the bay and few low 50s out there. for the afternoon, upper 50s for the coast. cross into the east bay, upper 60s to low 70s. you get inland and temperatures are going to feel nice once again upper 70s to low 80s with mostly sunny skies and the extended forecast doesn't look a whole lot different. we will continue with just subtle chaengs from day-to-day as we move through the business week and into your weekend with your weekend in view. low 70s for the bay. low 80s inland, and a cool coast. >> dry october. >> and dry october. >> thank you, rosemary. >> you're welcome. apple announced a new arrival at its latest product launch in san francisco today. there it is. apple's $499 ipad air. it's thinner and lighter than previous models. the cupertino tech company also unveiled new ipad mini with improved chip and upgraded retina display.

in announcing the new product, ceo tim cook took a not-to-shuttle strike at rival microsoft. >> our competition is different. they're confused. they chased after netbooks. now, they're trying to make pcs into tablets and tablets into pcs. >> cook said apple still believes in the mac computer. as part of that commitment, apple says it will now give users its late ers mac operating system and iware software suite for free. it's a spectacular part of fleet week that was grounded this year. now, there's word that the blue angels are coming back. >> now, to julie haener in the ktvu news room with what we're working on at 6:00. >> laughing as they burglarized a home. >> i mean, here's two guys, almost looked like they're having a good time. >> the brazen crime striking a raw nerve in a south bay community. then inside into the accident na killed two bart

workers. we investigate how a fast-moving train could have caught them both by surprise. these stories and much more coming up new at 6:00.

new details now on the roll out of the affordable care act here in california. the executive director of covered california gave an update this morning from the call center in contra costa county. peter lee met with employees at the call center and spoke with

county supervisors in martinez. he said since october 1st, the service center started over 125,000 applications. he says despite stories about problem bs with the federal web site, the covered california web site has been working well. california is one of 17 states that set up their own health exchanges. we spoke to one woman who said she had no problems with the state system. >> it's easy to follow. i haven't had a response yet, but i submitted it. >> in addition to web site traffic, peter lee says the concord call center has taken more than 150,000 calls. the other california call centers in rancho cordova. peter lee also said many people are finding out when they call for information, they're eligible for financial help with their insurance. parents with sick children in limbo tonight. >> parents here in hayward and surrounding cities are wondering

where they'll take their children when kaiser hayward closes their doors, but i'll tell you why kaiser says to receive outpatient treatment they won't have to go far at all. and bart riders caught in a morning mixup. >> no one knows what they're doing. >> the situation one rider describes as worse than a strike.

complete bay area news coverage continues. this is ktvu channel 2 news at 5:00. morn two dozen nurses at kaiser permanente in hayward knew their pediatric unit was shutting down but they didn't know they're going to be given such short notice. now, those nurses are in limbo wondering where they'll go and how far their tiny little patients will have to go to get help. >> ken, next year, the kaiser here in hayward is slated to be closed as they transition to their new facility. nurses here thought that was the same time the pediatric unit would also close, but they found out last month that is not true, and things are changing sooner than they thought. >> on october 16th, they came up and told us that they were closing our unit on november 17th of this year rather than

when hayward moves to san leandro, which was their previous plan. >> next month, all 20 beds and 21 nurses will no longer be needed at the pediatric ward of kaiser hay wards. nurses here say they care for about 1,000 children a year. they go onto say many of them come from low-income families, but now that their unit is closing in less than moont, children who need care will be forced to go to either kaiser in santa clara, oakland or as far north in sacramento. a trek one man whose child was born at kaiser and treated for severe jaundice says it's an unnecessary strain put on parents. >> on top of having a sick child, the stress of commuting, the stress of finding accommodations, of babysitting, taking time off work is horrible. >> the majority of pediatric care here is delivered in our medical office buildings by our pediatricians. that's here to stay, and we'll continue to provide that. >> kaiser says the major reason for the unit closure here is on average fewer than four patients are seen here each day.

coming up on bay area news at 7:00 and tonight on 10:00 news we'll tell you why children will end up getting more specialized care at its oakland facility even though the union says that stuff could happen right here in hayward. a couple who lived in the san rafael home that was severely damaged in a fire this morning was reportedly said to be evicted today. fire crews were called to that home near mission at about 2:30 this morning. the fire was under control by 4:00 a.m.. the independent journal said the couple who rented the 3900 square foot home is under a court order to leave. the couple is now considered missing under suspicious circumstances and marin county sheriff is looking for them we now know when the popular blue angels air show will return to san francisco. there they are. the f-18 hornets. the navy announced today the precision jets will perform over the bay october 11th and 12th of next year as part of fleet week. the blue angels cancelled their

shows this year as part of the federal budget cuts back in april. the navy says it will have to scale back some community events due to the ongoing reduction in funding. merchants along fisherman's wharf and along the embarcado. continuing coverage in the bart labor dispute, the trains are running again, but it took bart hours longer than anticipated to get service back on track for commuters. relief turned to frustration when bart riders lined up for the first trains after the strike were turned away because bart stations weren't fully staffed in time for the beginning of the morning commute. >> well before dawn, the doors of the walnut creek bart station opened. with the strike over last night, bart said it would have trains running for the morning commute. >> i'm ready to get my routine back. >> but the routine was disrupted

again. problems getting the station staffed and the system up and running delayed the start of service. the doors went back down, and riders were left to wait. >> it's just you cannot go into the station. >> then that now-familiar sound, and it was back to the bus for these would-be bart riders. >> they say that it's going to be a bart train. there's no bart train. to me, this was worse than the strike. >> it's understandable. i mean, trying to call someone to come into work, not giving them a head of notice is kind of understandable. i just wish they would have, you know, thought about that ahead of time before they opened it up and let us know. >> i woke up, got ready and came down to the station. trains aren't going till 6:00 a.m. so i'll just be waiting here until then. >> then just before 6:00, the system limped back to life.

bart says it had 25 trains running for the morning commute instead of the usual 45. atu, one of the unions thad been on strike tweeted out an early-morning apology. some riders appear slow to forgive and forget. >> it's a very incompetently run show. no one knows what they're doing. >> you want to vent about your bart experience? tell us about your commute this morning. join the conversation on our facebook page. just look for ktvu channel 2. new at 6:00 we count the cost of the bart strike. it was expensive and not just for bart. who's paying and how much coming up at 6:00. california's franchise tax board is warning of scam artists posing as tax officials. scammers claiming to be from the franchise tax board have been calling elderly people down in southern california. they tell them payments are overdue for red light traffic violations. the victims are then told to put their fines on a prepaid debit

card and send it to a provided address. it says it can't process prepaid debit or credit card payments and that it will never ask for passwords or account numbers over the telephone. you could call it the case of the vanishing tax credits, and it could cost taxpayers thousands of dollars. many tax credits and deductions are set to expire at the end of the year unless congress takes action. the tax breaks include credits for going back to college and write offs for teacher's school supplies. a law that protects homeowners trying to avoid foreclosure through short sales would also expire. >> that could mean tens of thousands of dollars included in your income, which would result in a higher tax bracket for you. >> some of the other credits that could expire include using pre-tax income to pay for your commuter costs and some charitable donations. kanye west puts a ring on it. we'll show you video and pictures as he pops the question

to kim kardashian inside at&t park. we'll tell you who's getting first shot at this new high-tech protection. but first a bay area breakthrough in alzheimer's research. the anti-ageing protein scientists say is lacking. avo: the volkswagen "sign then drive"

sales event is back. which means it's never been easier to get a new passat, awarded j.d. power's most appealing midsize car, two years in a row. and right now you can drive one home for practically just your signature. get zero due at signing, zero down, zero deposit, and zero first month's payment on any new 2014 volkswagen. hurry, this offer ends october 31st. for details, visit vwdealer.com today. fbi experts testified today

they found explosives and chemicals found in the colorado movie theater shooting suspect. testimony came at a pre-trial hearing to determine whether the experts will be testifying at next year's trial. james holmes is charged with killing 12 people july of last year. he has pleaded not guilty by reason of insanity. prosecutors and defense lawyers are arguing over evidence that could be used to weaken that insanity claim. there are new developments tonight in the middle school shooting in parks, nevada. we're now learning the shooting was just 12 years old. he had been bullied in school and turned the gun on himself when police arrived. people in sparks remain stunned by that school shooting that injured two students and killed a teacher. the middle school will remain closed for the rest of the week after that shooting by a 12-year-old student. he opened fire yesterday just after 7:00 a.m. when school was starting. police say the 45-year-old math teacher who was killed was trying to protect other students. the young shooter then turned the gun on himself. even though there are reports the suspect was bullied, police have not yet determined a

motive, but they do say the semiautomatic weapon he was using came from his parents' home. >> the weapon used was an ruger 9 millimeter semiautomatic handgun. as i mentioned earlier, we're in the process of tracing the origin of that weapon. we believe that the student got it from his residence. >> the teacher who was killed was identified as michael landsberry. he is married with two stepdaughters. the injured students are said to be in stable condition. nevada research institute announcing a discovery that could lead to a drug to protect people against alzheimer's disease. protein found in two-thirds of the people who get alzheimer's reduces the presence of another protein that slows the ageing process. they say they're experimenting with two drugs that block the effects of the alzheimer-linked protein. they say found in red wine also increases the anti-ageing protein. it is a fan frenzy half a

world away. we're going to take you to london where ktvu joe fonzy went in search of 49er fans and met up with their british counter parts. plus a big league proposal with kanye west and kim kardashian. our drieshgs mild weather remains in place for your wednesday, but take a look, the low clouds moving back in. i think smouf us will see dense fog once again for tomorrow morning. i'll have a look at where it should be at its thickest, what time and what you can expect for temperatures.

giants starting pitcher tim is staying put in san francisco. this afternoon it was announced the giants and lins come reached a two-year deal. the two-time cy young award winner threw his first career no hitter this season against the padres. his deal is reportedly worth $35 million and includes a full no-trade clause. the deal is pending a physical, which hasn't been scheduled yet. meantime, the san francisco 49ers are in london, and so is ktvu sports reporter joe fonzi. he tweeted this picture today from lester square. it's all in anticipation of the big 49ers game on sunday against the jacksonville jag wars. they'll be playing in london. ktvu joe fonzi spent the day meeting up with fans, some of whom traveled across the pond for the red and gold.

>> nearly every corner in london can look like something that should be the subject of a postcard. the city is ready for the nfl, but do the residents really know what's coming to wembley stadium on sunday? >> i don't have any idea. >> the nfl. >> who's plague? >> vikings. the 49ers, isn't it? >> i do believe there's an american football game taking place there. >> it takes a little digging, but it is possible to find a 49er fan or two on the streets. >> we came by way of tennessee so it's been quite a long trip, and a little -- little sleep deprived, but we're pretty excited to be here and represent the bay area. >> since early 80s, joe montana, roger craig, brent jones, those are my guys. i idolize those guys, jerry rice, all of them. >> and home for you is where? >> home for me is new jersey. >> there was a line around the block to get into the nfl's featured event of the night. no shortage of 49ers gear in london's nike town but an event

mostly centered around the jacksonville jaguars. the 49ers were represented by bryant young, a member of san francisco's last super bowl championship team and three-time super bowl winner guy mcintire, and they were outnumbered, but there were 49er fans. >> last couple years started to watch football again, just enjoyed watching the niners. i really enjoyed kaepernick the last half of last season, and it's kind of gone from there. >> this was an off day for 49ers who began practice from their facility roughly an hour from town tomorrow. right now, all the unique aspects of this game are the last thing from their mind. they just want to continue their win streak to five games before the bye week. on a rainy evening in london, joe fonzi, ktvu channel 2 news. >> 49er fans with british accents. you can follow joe fonzi in london for updates about his trip. search hashtag ktvuinlondon. another big moment at at&t

park, a perfect game, all star game, now an all star engagement. you may have already heard, but, yes, kanye west rented out at&t park last night, brought in some friends and family and an orchestra. you see there on the score board the big question, "please marry me." the orchestra, by the way was playing some of his songs, and we found these pictures of the happy event on twitter. this is the couple in the past. they have a brand new baby girl, by the way. but let's get to what everybody wants to see. let's just sdo it. show me the ring. we do have a picture for you. she's holding up her hand and we zoomed in for you. there is the ring, all 15 karats of it. >> just 15. wow, this is something. let's check in with the weather, and we won't talk about anybody else's wedding rings. nas a monster ring. >> you're right. well, breathtaking. okay. outside our doors this afternoon, you can say the view breathtaking in some cases. i was out on our patio a little while ago and just a beautiful, beautiful afternoon, at least

away from the coast. we remain socked in foggy, low clouds hugging the coastline all day long. take a look at pacifica, only got to about 57 degrees. 63 san francisco, upper 60s oakland. you had to get inland to really feel the warmth. upper 70s to low 80s for the afternoon, even livermore checking in about 85 earlier today. gefing you a look here at the ridge that continues to well again dominate our weather pattern. just a few little systems within but not doing a whole lot. the circulation around this over off the coast of southern california bringing just a few high clouds. that's really about it. we are tracking this system here. it's still 800 miles out but will be venturing towards the coastline, but even this doesn't look too promising. earlier in the week we thought maybe we could squeeze out a few scattered showers. at this point it doesn't look like it, but we will keep tracking it for you. in the meanwhile, you can bet on fog again tomorrow morning. with a clear, calm night, we do

expect the dense fog to be in parts of the north bay once again, especially the interior valleys. look, it starts late tonight, last all the way until 11:00 tomorrow morning so give yourself some extra time. you know what to do, right? give yourself some extra space along those roadways. for tomorrow morning as we start the day, it's going to be a chilly one. once again, 45 san rafael. low 40s in napa. 46 for hayward. 50 degrees for oakland. mid 40s for redwood city, and 50 greece for san jose. for the afternoon, a near repeat of what we had for today. 75 san rafael, upper 70s in napa, 80 degrees for sapt rose. up around the bay it's going to be a mild one. 67 in hayward. 74 for san jose. cool at the coast with mostly cloudy skies. 58 degrees expected for pacifica. a very quiet pattern here. we have the on shore breeze. we have the low clouds, but you go inland, and temperatures are warm and you have iven a bit of an offshore breeze at times. the extended forecast here with

your weekend in view, just not a lot of change going on. we have temperatures that dip slightly and then rebound in time for the weekend. all in all from us, not really noticing those changes day in and day out. >> steady eddie. >> yes. >> thank you. >> you're welcome. a burglar robbed the store, but that's not really the worst thing he or she did. before we show you this next photo, we'd like to warn it is a little graphic but does tell the story. it's a picture of flesh. she's a nine-year-old german shepherd. she was in sparky's electronics all alone when a burglar came in. flash is back at the store just days after the attack happily greeting customers. her owner is now planning to offer an award for the arrest of that burglar. it's a new free service from google to keep hackers from taking over web sites with denial of service attacks. the company launched an initiative called project shield, and it's accepting applications from media, political and human rights organizations to help test the

service. denial of service attacks happen when hackers overload a web site until it fails to operate. extending invitations to qualified applicants on a rolling basis. the government's healthcare web site is in intensive care. now, silicon valley experts are being brought in to debug the online marketplace. we'll tell you where things stand. back now to julie haener in the news room for more on what we're work on for 6:00. >> paying a steep price for the bart strike. >> this is a big financial hit. >> we explore how many of your taxpayer dollars had to be spent because of the transit shutdown. then it sound like a spy movie. how a pair of tech savvy criminals tried to outsmart a home security system. these stories and much more coming up in about ten minutes at 6:00.

police are looking for a man who was performing a lewd act on a public jogging trail. police say the incident happened in benicia state park about 3:30 yesterday afternoon. the jogger who called police said he asked the man what he was doing, and the man responded by asking him if he wanted to watch. police say a second jogger also saw the man but police were unable to locate him. anyone with information is asked to call police. ukiah police are looking for a 36-year-old man who dropped off his five month old son at a hospital last week and then took off. this man brought his son to the emergency room and disappeared

after it was confirmed the child was dead. police found his car at his family's ranch near hopland. a three-day search was suspended last night. so far, the coroner has not determined the child's cause of death. two colorado farmers entered guilty pleas today in a lis tier yeah outbreak that killed 33 people. eric and ryan jensen are accused of introducing tainted melons to the market. they pleaded not guilty first saying their operation was safe, but in a deal with prosecutors, they said they fail today protect the public. they also filed the lawsuit between a southern california company that inspected their operation. they each face up to one year in prison and a $250,000 fine. the wlous is calling in some local reinforcements to fix healthcare.gov. pressed for answers on why the site is broken and who is going to help fix it. >> healthcare.gov is in intensive care, the obama administration now bringing in

silicon valley experts to debug the online marketplace, but who and from what companies? it's a mystery. >> wouldn't it give the american people confidence to know what companies they're from? >> i'll let folks speak for themselves. what i can say is just given the level of engagement that folks have all around that we'll get this web site right. >> white house spokesman david won't say when healthcare.gov will be fixed. americans have until december 15th to sign up for nurns on the new exchanges for coverage to begin january. >> florida senator says delay this part of the law until the web site is fixed. what's wrong with that? >> so what do you say to the 500,000 families who have submitted an application? >> they get an extension. >> what do you say to the folks in oregon and the thousands of people nationwide. >> health secretary again saying consumers can call an 800 number or register by mail or in person to avoid the gummed-up site. we also asked about republicans

that say secretary should be fired. the white house saying they are not entertaining that right now saying he's focussed like a laser on getting healthcare.gov back up and running. from the white house, ktvu channel 2 news. the u.s. capitol dome is about to undergo a $60 million project to fix some major damage. the cast iron dome is more than 150 years old. it hasn't undergone a complete restoration in more than 50 years. weather and age led to problems like this. stains, rust and more than a thousand cracks. the dome will be covered in scaffolding starting next month. work will be finished in about two years. the capitol will remain open for business and public tours. brazen burglars beating high-end security systems. we even have pictures of them laughing while they do it. homeowners in a bay area neighborhood asked what will it take to stop them. bart trains are running, but what was the cost of the strike? we did the math, and it was the

expensive not only for bart but for other bay area agencies. there's talk about how quiet the train was that killed two bart workers. we set up a camera, caught the sounds of a train in the area. you isle be able to hear for yourself. complete bay area news coverage starts right now. this is ktvu channel 2 news at 6:00. as the trains begin to run up to speed tonight, we're learning more about that accident that killed those bart workers. good evening. i'm ken wayne. frank somerville is off tonight. >> and i'm julie haener. the ntsb is investigating the accident. one of the questions investigators will try to answer is how the two men were caught off guard with no time to escape an oncoming train. live now in walnut creek with more on the story. ally. >> the ntsb wrapped up its briefing here at the pleasant hill station about 30 minutes ago. we heard from investigator jim who said they have completed all

their inspection of the mechanical equipment on the train, and he says everything was working properly from the brakes to the horn. they've also completed interviews with the three people who were in the cab of the train when it struck the workers on the track. two of those people were going through a training exercise to be certified to operate trains. the third person in the cab was behind them supervising that training. the ntsb is going to be doing a reenactment tomorrow of the accident on the tracks in order to gather some more information. one of the questions they'll be trying to answer is how these two workers on the tracks may have been caught off guard. the two men did get a verbal approval from bart dispatch to do the work they were doing on the tracks. >> to allow them to go on or near the live tracks, the responsibility of their safety is on themselves. >> the average speed for a bart train on this section of track is about 70 miles per hour according to bart. it takes a train going that speed about five seconds to travel a tenth of a mile, and if you staund right next