the hospital. it was nine days before the hospital requested a search of the 24-acre campus. >> staff was directed to search the stairwells. and only about half of them were searched. >> and the missing person's after they disappeared, their focus on their main entrance. they did not appear in it. and prompting them to question on whether or not they left that hospital. 13 days after going missing, they called deputies with a report on the third or fourth floor landing. >> the communications center's staff responded. they'll take care of it. no indication that anyone was dispatched to the stairwell. >> reporter: we asked the sheriff about the status of the deputies involved in the search. >> and whether those deputies are still on duty at the hospital now. >> there will be several changes. that's what i can tell you. >> reporter: and a deputy for the lawyer is working the hospital for the account of the

witness spotting a person lying in the stairwell. at 6:00, the spalding family's response to today's information is coming out. for now reporting live in san francisco, david stevenson, ktvu channel 2 news. a city wide amber alert has been missing from sunnyvale. authorities are looking closely at the san diego area. the 22-year-old is suspected of taking his son, henry, from the apartment complex on helen avenue yesterday afternoon. the cell phone pinged in the san diego area and that his vehicle was spotted there twice. the baby's mother tells police that she had fights with him because he wanted to move to new york. she says that he has friends in mexico and thinks that he could be heading there. >> we've been in contact with the san diego authorities down in that area. we're also working with the fbi and also with our county district attorney's office. >> police say that he left with his son yesterday claiming that he was out running errands. authority say he then sent the

mother a text saying that he was leaving the state and would harm the baby if she called police. authorities say that he may be driving a tan 2004 gmc envoy with the california license plate number of 6hil892. a building fire damaged some expensive equipment belonging to a san francisco non-profit. it happened just before 4:00 this morning on clement street. they recorded cell phone video. and the nearby residents were evacuated as they ripped through the internet archive's office. the library employees said that they responded quickly, but still that the fire destroyed the archives and their scanning center. >> and they were on it, really, really fast. but that we did lose the cameras and lighting equipment. >> the internet archive building used to be a christian science church built back in 1920s. no one hurt in the fire as the cause is under investigation. a man was shot and killed while riding in the car in san

francisco. it happened just before 5:00 this morning. and police they four people were inside that toyota camry hit by gunfire as they approached the bay bridge. the passengers in the backseat were shot several times, later dying at the hospital as his name has not been released. police say he was a 19-year-old from fairfield that no arrests have been made. >> it was a startling crime. allegedly setting the young man on fire. and tonight, police are asking for their help. mike mibach is in san francisco this evening with the two people who police are hoping to talk to. mike? >> reporter: yeah, two critical witnesses, frank. i'll touch on that in just a bit. but first the update on the status of the 18-year-old victim listed in stable condition here at the burn center in st. francis hospital. according to one friend, he already has undergone one surgery. and also tonight, the chief of police is coming out in talking to us for the first time about this case calling it disturbing and much more.

>> it is very shocking, i'm glad we were able to get them off the streets. >> reporter: police say the suspect arrested is a 16-year- old student. because he's a minor, they are not releasing his name. and he's on fire as they swept in the back of the ac transit bus in oakland. >> it's incredibly sad. >> reporter: she lives right across the street from the family. i don't have any information on why they would do that. >> reporter: tonight the community is responding. the fundraising page launched to help has raised more than $21,000. and they will require severalsurgeries for the 2nd and 3rd-degree burns. >> why would they think that it would be okay to set the other human being on fire? that's horrific. >> they declined to talk about the motive, but tonight they are asking for help as they recover here at st. francis hospital. the department, they would like

to talk to two men that doused the flames. but they left the scene before being interviewed. >> not only a witness, but also we would like to recognize the heroic efforts that they made. >> they could be charged as an adult. and the answer, it could come as early as tomorrow. live right here, channel 2 news. >> can what you say on the personal facebook page get you in trouble with your boss? san jose police are investigating three officers that criticized a city councilman. new at 5:00, john fowler investigated the information. live with what was posted on facebook. john? >> reporter: well, the officers, they never identified themselves as policemen on their facebook post.

police confirmed the internal investigation. they posted comments on facebook just a week ago. this is the officer's public facebook page. he criticized the councilman for not attending a memorial in their district for slain officer. the sergeant rick foster replied, "f that pos." officer robert posted i concur. i mean we have real problems here. that's a concern. >> reporter: and they are time stamped. the duty manual prohibits personal activity while on duty. >> council members, thank you for all that you do. >> reporter: relations between the city officials and police, they are strained. pay cuts have them leaving. the sub-station remains unopened. and new grads are going to other cities, all on the police pension reform.

they posted being unaware of it, asking for the benefit of the doubt. they declined that request. saying it is their responsibility in this department to ensure that they act in a professional manner at all times. officers, they ask about this investigation to send a good recruiting message. >> you'll want to go to a place for 30 years that you don't have a right to say anything on duty or off duty. >> reporter: whether the officers were on or off duty may be the crucial point here. they declined to comment. john fowler, ktvu channel 2 news. more details. officers that use the social networking sites are subject to the standards outlined in the standards of conduct sections. the officer's conduct are either on or off duty, which reflects on the department is deemed to be conduct on becoming an officer. and the search is on for a

man from santa clara with a reputation of stealing expensive bikes from both sides of the bay. they distributed the surveillance video of the 46- year-old. they say that he has been seen taking high-end bicycles in both santa clara county and morin county, caught in a sting in july, but released on bail. it'll go on sale tomorrow. putting up the value at more than $18 billion. it's expected to raise about $1.8 billion by selling $70 million a share. it goes on sale tomorrow morning under the symbol of twtr. one group that won't be buying the twitter shares tomorrow is members of congress. that ribs them from buying the ipos until they begin trading and widely available to the public. and it is called the stop trading on the congressional

knowledge act. the committee sent a letter to them yesterday reminding themof that law. facing the possibility of the deep cuts as early as next semester. they tell us that it lead to the emergency meeting today. and some pointed questions. >> the san jose state's student is headed to class this morning as many were not happy to hear about the money being slashed from the budget for the upcoming semester. >> it is definitely frustrating. i want to get the classes and to be able to graduate on time. >> reporter: they packed into that emergency meeting where they were able to ask questions to the administration. >> who precisely made those decisions about where these steps will come from? >> reporter: they wanted to know how it would affect the the class sizes, the classes they taught and why it still exists. >> that's the biggest concern for us. now, how do we do this? as we know we need to balance the budget. but how do we do it without jeopardizing the quality? >> they had a $32 million

budget deficit. significant cuts taken over the last year, but that there still a remaining $4 million that will need to be cut for the spring. class sizes, they will need to be increased and the sections will have to be combined. and of course, they will try very hard to target courses that will be experiencing the low enrollment. >> reporter: a university spokeswoman said that money helps stabilize the budget and stop tuition from increasing. but in order to use funding from it. student fees, they could not be increased. and since they could not raise those fees, they say that the people will need to be elsewhere. reporting live, ktvu channel 2 news. along with larger classes, some professors, they may also have to be laid off. 27 vehicles were stolen in just 18 hours. new at 5:30, the surprising statistics that will have you thinking twice about where you leave your car. dangerous designs. >> why these sweatshirts handed out at the california high

school are considered so dangerous that some are actually refusing to wear them? and mystery solved. google finally reveals the purpose behind its mysterious barge floating in san francisco bay. and right after the break, will these clouds clear out for tomorrow on the five-day forecast? i've got some rain to talk about. i'll show you which day. [ male announcer ] you can change your tomorrow if you do something today. and there's never been a better time because this year, devry university has $45 million dollars in need and merit-based scholarships and grants available to those who qualify. and this degree can make a difference. in 2012, 90% of devry university grads

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and that has been found as a baby was taken from their mom. no details, but we can confirm that the infant is safe and sound. the infant's father, he is suspected of kidnapping him

from the apartment complex yesterday afternoon. again, this little infant taken from his home in sunnyvale has been found safe and home. tonight, we may finally know what that will be used for. a lot of people have been speculating it all. and so what are they saying about it? >> really not much. it is still under the development as you can see it driving west. no matter how you look at it. today, they put out a statement saying they are exploring it, where people, they could learn about the new technology. still not clear. but they beg that question, why are they exploring that idea now? and also did they not know what it was for to begin with? and this afternoon, i caught up with the san francisco mayor who said that he has talked

with them and patiently waiting to see the end results. >> and seeing the classrooms of the kids to go on in there and to learn something from it. the adults here as well. you know, it is a very innovative company. and i think that they probably have a few more surprises to announce down the road for what it is. they came here just to check it out. they will need to do things to get it done for them running properly. she hopes to have it done by the end of november.

>> i'm the first to admit that the rollout, it has been excruciating awful. they couldn't get there in the first place. >> and from healthcare.gov will be released next week. they hope to have 800,000 people signed up by the end of the month. that's far fewer than the number of the people here. the supreme court, they heard arguments on whether or not the disgraced former journalist should be allowed to practice law california. they admitted to making up 42 magazine articles that were published in that new area. after he was exposed, they attended law school. after hearing the arguments, they have 90 days.

a cargo ship was just docked. the environmentally friendly tacoma area, embarked last month. they began unloading the gravel and the sand. it's one of the three ships, that will be arriving at the port this week. marking the debut of the ice rink in san francisco. and that will be opened through january 20. and for those that want to lace up their skates or watch. >> we look forward to it every year as it is just so much fun for them to stay away. it's great.

>> my mom, she skates, so i wanted to skate. >> what do you think about the square? >> it's nice. >> you can watch the regular admissions as it is $11. the hours are from 11:30 a.m. to 10:30 at night. i might pull that up. >> yes. >> and between me and you, we probably have what, 50 years? >> i was just thinking when they opened that one down in the union square. >> yeah. i was talking about 94 and 97 -- 94 or 93 or something like that. so yeah fun time of the year in this area and the weather and today the clouds came in. didn't they? and you notice that here with the clouds filtering on in as they need today change the texture. clearly not as good. but still warm with plenty of temperatures in the 60s and the

70s. even more clouds tomorrow. that'll be pretty mild for them. and 63 in napa. the clouds to hang around here tonight, keeping them low r and -- lower and they should clear out as well. over the bay weather weekend, we'll see more clouds and then a big change in the weather. the overnight lows tonight, they are slightly about where they were yesterday. a little warmer. all with the cloud cover helping out. here we are tomorrow night boy, they needed to thicken it up. mostly cloudy. you're headed to work. boom, it will be clear out to mostly sunny. starting off and then with the big clearance. as it breaks down tomorrow,

forecast 71. so the upper 70s today, not tomorrow. 74 in morgan hill. you might find that there, but most of the temperatures in the mid-70s. >> that's the chance of the rain that you needed to elude to. these clouds, slightly cooler temperatures, they'll need to open up the door for what looks like a better opportunity for them and the significant rainfall. not crazy, but just significant for them. and some places, starting on perhaps monday morning. carrying on for the next couple of days. it'll be a way out. and of course for the bay area, big football game going on tomorrow. and it will be partly cloudy at 60 degrees for them to come. these are two of the best teams that are going at it right now. that's your five-day forecast with the weekend clearly in view. and it looks like fall. that's the double for them and

the five-day forecast in the fall is suppose to look like that. >> maybe a little warmer. but here is the deal. and it is as though they get towards the end of the weekend. that'll be an opportunity to get significant rain in the bay area into next week, which will be great for them. and you know how important it will be. >> yes, thank you. a public prayer. plus, taking -- taking a closer look. what they are teaching students or the scientists about our big risks in the future. >> with more on what we're working on at 6:00. facing tough questions about the unemployment checks delayed for months. for the first time, they were responsible and they answer to the big questions about what went wrong. plus. there's a big time trail of trust. >> what they put in charge of children. the big fight accused of allowing kids to be victimized. these stories and much more

coming up at 6:00.

new insights on the terrified meteor in russia. it hit speeds of 42,000 miles an hour and burst with the fourth of 40 at tom bombs. they previously thought they could have it happen every year or so. but now they are likely to happen every 30 years. the supreme court heard arguments in a case that could

determine whether or not the public meetings opened with prayer. that's one of the big support views. it's the florida senator. >> it includes that ability to pray the high power before making the government. >> the woman that field the suit says that she is jewish. i have 100 eyes looking at me, thinking that i'm disrespectful. >> court opened up the session with the words god save the united states and this honorable court. they're expected to deliver a ruling by late june. continuing their record setting pace today, hitting the all-time high. up about 129 points. and the nasdaq was down about

eight points. it was up 7.5. and it closed down more than 14% for them today. and that is their sharpest drop. it even triggered their short sale circuit breaker which temporarily stops trading. they are blaming the shortage of the battery cells for trouble meeting demand for the mold s. and their shares closed at $151, but still way up compare today a year ago when they were selling for only $31 a share. new at 5:00, police are on the alert after the five auto thefts. 27 cars stolen in less than 24 hours. why cars like this one are the big target. what is the fate of the other projects? such as the arena?

to those who've been denied ewelcome to covered california. now, you can no longer be denied coverage because of a pre-existing condition. enroll today at coveredca.com.

okay, listen to this. 27 cars are stolen in alameda county just since yesterday afternoon. and there is no sign that the thieves are slowing down. they were with investigators as

they tracked down stolen cars all left to them there. with new information to save which cars are being targeted. >> reporter: well frank, this is the type of car that tops the list. the older model honda civic. it's been especially hard hit with 21 cars stolen in the last six days. >> we're looking for the stolen cars. cars stolen and left on the street. >> reporter: investigators with the alameda county task force finds dozens of them today. they took us on patrol in oakland. >> it's like a 90s honda. >> reporter: 1990s honda accord are the most stolen vehicle. hence the license plate numbers on this car and confirms to their suspension. >> reporter: and auto thefts are on the rise up 14% from a

year ago and the trend seems to be accelerating. >> to about 7:00 this morning, there's at least 27 cars stolen within the county. >> reporter: the most common vehicles stolen are the 1990s hondas, acuras, nissans, and toyotas. they easily to refill and -- they are easy to refill and steal. >> it is so old that almost anything could start the car. >> reporter: it's a trend that caught the attention of the police this week. >> you're looking at a map of the stolen vehicles. >> reporter: 21 cars stolen in the city in the past six days. five on monday evening. lieutenant randy brant says they are not used for parts, just joyrides. >> some might steal at a local mall and then drive to the next city and abandon it. >> reporter: police are warning residents to be on alert for suspicious drivers roaming the neighborhood at night. >> don't try to justify why thatcar is in your

neighborhood. get us to justify why it is in your neighborhood. >> reporter: we have a list of the top ten vehicles that are stolen in alameda county. to check that list, go to our website, ktvu.com. allie rasmus, ktvu channel 2 news. san mateo sheriff deputies say that they targeted cars on laurel street, cherry street, and sky way road. break-ins happen between 6:00 to 7:30. they say that the five cars had their windows smashed and that the items were stolen. a tribute today at lax for the transportation and the security administration's screener killed on the job. an honor guard and bag pipes, they marched in front of the plane that transported a united states national honor's flag, which will be used at the funeral. the 39-year-old father of two was shot and killed in last friday's attack. two other tsa officers were injured. ith accused gunman was shot by police and remains in the

hospital. now to the election 2013. and the controversial gun control measure that will be approved in sunnyvale. measure c passed with 66% of the vote. under the new rule, gun owners must report a stolen firearm within 48 hours. and they are also required to lock up their guns when not in use and to dispose it of the ammunition magazines. the nra, they are vowing to sue. the bond measure to rebuild the general hospital narrowly passed. they did the 2/3 majority with 68%. homeowners throughout the county will pay an add property tax, which lies outside the health care district. they raise almost $400 million at estimated $500 million needed to complete the hospital's project. and in san francisco, which would have allowed for a luxury water front condo was voted down. 62% said no to the project. the companion measure prop c, which would have waived the

height limit failed, despite their support and san francisco mayor ed lee. and they will be supporting condos, then what are the prospects for a massive new arena? and it was isolated to the condo project or is the rejection a sign of things to come along the water front? they join us live right now from san francisco with the challenges facing the proposed arena. tom? >> reporter: well, with the water front condo issue apparently settling down for now, the question does turn to what about the other major water front developments? >> reporter: the people here in san francisco yesterday said hands off our water front. >> reporter: in the end, more luxury water fronts weren't even close. >> reporter: when given a chance, they want to keep the public water front land open to all. >> i respect that vote as wide as it is. i will respect it. of course, i was disappointed because i was looking forward to $11 million to contribute to

the housing. >> reporter: if they blew away the luxury water front condos, then what is the fate of the other controversial water front projects? and such as the arena. and currently the proposed warriors, they also call for the huge complex including housing, shopping, and parking facilities, on and around pier 50. >> we don't want to undo 50 years of protection along the water front from the height limits to the bulk limits. >> it's some of the people that oppose the state of washington that will be opposing the arena as we recognize that. i do think that they will be distinct projects. >> but no slam dunk. >> it's a giant ballpark that went through three reiterations. >> and the opposition to a controversial plan will be converting to the existing maintenance building for the restaurant, bars, arguments. >> it's who we are. it's like we have preserved green space. >> reporter: and like the key components to be here in c, they are vocal, wealthy, and influential.

finally the long-term plans for the major development on treasure island, they also give the city officials a big reminder that the big plans, they are still requiring the popular support. reporting live, ktvu channel 2 news. and in a narrow vote, san francisco supervisors have approved the controversial plan for the overnight curfews in parks city wide. scott winter proposed the curfew as the vote was 6-5. closing parks at night will help the legal activity such as vandalism, and metal thieves. and standardize them there to sleep in the parks. supervisors will need to vote on it again next week before they send it to the mayor. the court of appeals is hailing a lawsuit over the mail delivery to low-income hotels in san francisco. the the suit involves the sing- room occupancies -- single-room

occupancies. they should deliver mail to the individual boxes as opposed to a single point such as the desk clerk. and the suit was filed back in 2009. a district court judge tossed it out in 2011 as it is now before the court of appeals. the final curtain, the once popular company that is shutting their doors forever. plus, class pride or gang calling card? what was moving across the front of the sweatshirt that some say could make the person wearing it a target. starbucks says they are doing their part. the hiring portion aimed at the specific group inneed of jobs. new dna evidence introduced in court may show a key piece of evidence in the amanda knox retrial.

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reassuring residents after the s.w.a.t. team activities today. the chief said that the s.w.a.t. officers have apprehended their robbery suspect here near hillcrest avenue that they needed it because they were considered high risk. a third murder trial is underway in italy for amanda knox and her former boyfriend. the case involves the stabbing death of knox's roommate. a previous conviction was overturned, but a new trial called to examine new evidence. knox is in seattle.

they called the charges absurd and the continuing a nightmare for two innocent people. an expert witness testified today that a trace of dna on the alleged murder weapon belonged only to knox and not the victim. the curtain is closing on blockbuster. dish network, which owns the blockbuster chain is closing the 300 or so stores for good. three of which happen to be here in the bay area. the video rental chain has been hit by the on-demand services including itunes and netflix. senior class sweatshirts that are not safe enough to wear. >> you wear that on the street, you're going to get your butt kicked. >> why these sweatshirts were deemed so dangerous. a san francisco couple faces deportation tonight. but they are hoping this police report will be the ticket to help them stay. and right after the break, there is rain in the five-day forecast. i'll have the timeline for that rain as we go forward.

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with a potential dangerous twist. turns out they carry what police are calling a gang symbol right across the front of the sweatshirt and it's not the first time that it has happened. >> to be honest with you, i would not let my kid wear that outside the house. >> it was set by a number of people. but that those individuals,

they did not know about the connection. >> the high school senior sweatshirts carry the roman number. and police say that is a gang symbol. some students say that they are afraid to wear the shirt. the elk grove school districts said they were not aware of the link, but they call it bologne. they're offering parents a refund. we found out as well that this type of mistake has happened before, last year in st. peters school for the mission district giving out bright blue 13 shirts to the class of 2013. and san francisco police, they saw the shirts saying that the design resembled another gang symbol. >> we didn't want the kids to be put in a situation where their safety could have been compromised. >> they were able to put their money together at the police department. and buy new sweatshirts in different colors. >> everyone in the class ended

up getting a new sweatshirt and the old shirts did not go to waste. they collected them sending them to the philippines for the children in need. and the 12-year-old boys that shot and killed a teacher wounding two other students before killing himself are speaking out. he took his family's gun to school two weeks ago. his father said he didn't know that their son knew where the the gun was. a case above the refrigerator, and not locked. today they expressed their condolences, saying they didn't know that their son would turn violent. >> we knew that he had been teased and that he was trying to work through his speech problem. >> reporter: police are deciding whether or not criminal charges should be filed against any adults who made firearms available to jose. for the first time apple has released a transparency report on the government's request for the customer information. the report reveals the number of the data request from law

enforcement all over the world. they asked for the most customer information followed by the germany and singapore times. the majority of the request involve authorities attempting to track down the lost or stolen devices. that's based on the formula, including profits and the ratios, as they were just miles ahead of every other company on the list. microsoft came in second followed by coca-cola, ibm and grade school. a goal for starbucks, hiring thousands of veterans. over the next five years, the world's largest coffee chain is committed to hiring 10,000 victims and spouses of the active military. they also plan to share a portion of every non-profit group to help them reenter that work force as it seems to be a part of a trend. they previously hired -- plan to hire 100,000 veterans in their initiative to put heros to work. the demolition of the

eastern bay span bridge was set to begin today, but postponed. it's delayed because of the containment center that has not been completely in place. it'll be later this week or early next week. the entire process is expected to take up to three years. >> it sounds like they could see the rain. we do have some rain in the forecast. >> that's right. i'll have the long range forecast. it shows that the rain is an easier timeline for what to expect. we're getting towards that end of the year where it is kind of finally getting that going. you saw the clouds outside today. the clouds didn't get there until later. temperatures warmed up nicely. these are the numbers from today. in the mid-70s. 76 in santa rosa. 70 in concord. highs are keel than these because of all the clouds that are piling in. now, these are not rain clouds. these are high clouds that will continue to filter in tomorrow or tonight and tomorrow morning.

raise showed you the last hit, the weather hit that we were showing the clouds clearing in the afternoon tomorrow. 67 in livermore. as you check out the forecast, scattered high clouds tonight, partly cloudy, cooler tomorrow. mostly cloudy by the morning. then the weekend, things will start to deteriorate with a dry forecast. warmest day is today. high pressure will weaken a little bit as we go into thursday and friday and saturday and then that brings cooler air closer to us. and it will not be cold, it will be cooler. but then as we needed to get on into the week, monday, the jet stream drops further south. that's as you get into monday late and early tuesday morning. hello, it looks like a chance of rain, just a little bit more behind it. and it looks like it wants to crack open as they will begin cracking open right now. and the clouds will move in as we go through the bay area weekend, which will continue for you. the forecast highs, 72 in clear

lake tomorrow. the sun is going to come out tomorrow afternoon starting off mostly cloudy right now. mild overnight lows. then by the the noontime or so, you can see more sunshine for them to rebound back in the low to mid-70s. so it's a -- so it's a nice day tomorrow. it's not going to rain, but it will take a lot to break it down to get us on to that rain, which is going to show up as we get towards monday night and tuesday morning. so as you take a look at the bay area weekend, you can pop it out. dry forecast, minor cooling. in the 60s. it's not a deal breaker, just a nice looking weekend. then everything changes for sunday night and monday and more clouds with the chance of rain. >> i've got my fingers crossed with your weekend in view and again i said it earlier. that's how it is suppose to look like in fall. maybe a little cooler with the high-end temperatures. but we're transitioning now as you can feel it outside. >> yes, and see all the leaves

on the ground. thank you, bill. an 11th hour reprieve. the last-minute move allowing one bay area family to stay in the united states. plus. a hero's welcome. the special lengths that one group went to in order to say thank you to the marines returning home from afghanistan. back at it in the newsroom for more on what we're working on for you at 6:00. a sex abuse case that goes beyond the man accused of the crime. it has destroyed our family. and the battle that lawyers say could protect other children from pedophiles. lurk covering the unemployment check backlogs. now their cheerful testimony. >> this is not working. >> the explanation and apology. these stories are coming up in 10 minutes at 6:00.

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way to afghanistan got a hero's welcome in chicago. they were just changing planes on monday night, but greeted by a small cheering crowd of the firefighters, police officers, and the volunteers. a retired volunteer organized this cleaning after the wife of one marine called ahead. that contribute included a water salute shooting water. and of course an upgrade to the first class seats. the alleged bullying case involving two players with the miami dolphins. they're reporting that he left the team last week to seek treatment for the emotional disstress at the hospital in florida. and his stay was brief, but reportedly visiting at the hospital by his parents and the the dolphins head coach. martin is now back home in california. he was allegedly bullied by fellow offensive lineman richie incognito. he may have been asked bit team

to put pressure on martin. sources say when martin missed a voluntary workout last spring, coaches asked incognito to toughen up martin. he has maintained he was not aware of any bullying. the league is investigating and incognito has been suspended. new at 5:00, a rally in san francisco to stop the threat of deportation for one family who has called the bay area home for decades. a san francisco couple hours away from deportation are breathing much easier this evening after the last-minute decision by officials. robert handa found out a decades old police report may hold the key of their chances of remaining in the u.s. permanently. >> reporter: it appears deportation to guatemala was just hours away. >> the truth is that i'm very nervous and i'm very sad. >> god would cry to see this

happening to his people. >> reporter: supporters gathered outside the customs enforcement office in san francisco this afternoon demanding deportation orders be lifted. they say they entered the u.s. illegally in 1990 to flee a violent civil war in guatemala. they've lived in san francisco's mission district and they don't want to go back. >> i am worried about the lack of security in my country that you cannot walk around in the street. >> reporter: their amnesty has been denied, but they had one last gasp of hope. they are hoping that this police report will be the the key that allows them to stay in the united states. the recently discovered police report from 191 show -- 1991 shows he was beaten and robbed while walking hone from work, which may make him eligible for a special visa, allowing victims of crimes to remain in the united states. >> and it is physical proof that the crime did happen.

and that he is the victim. >> i would say yes. i don't have the luxury or anything fancy. but you know we are stable. we work hard. and we do live day-to-day, but we're happy. >> reporter: immigration officials told us they didn't have any legal bases to stay here, but late this afternoon they changed their position and granted them a one-year stay while the couple appeals the deportation order based on the police report. time is no longer running out. in san francisco ktvu channel 2 news. now at 6:00, three families at the south bay church say they failed to protect their children from a worker that molested them. only at 2, we'll hear from the angry parent who showed up at work today. broken cameras and a wrong description of a patient who disappeared from the hospital bed. all part of the list of the missteps and the information that delayed the search for the

missing patient lynn spalding by nine days. not enough officers are on the force that the bay area police department faces. tonight, who investigates how short the departments really are and what it will take to change that. convicted of molesting children at the well-known san jose church and childcare center. in and out victims have filed a civil suit, telling ktvu leadership at both of those places failed to protect their children. good evening everyone, i'm frank somerville. >> i'm julie haener. only on 2 tonight, the family spoke with ktvu's robert handa about their anger and heartbreak. robert? >> reporter: well the criminal case against keith woodhose will be an important part of the civil lawsuit going on here at courthouse. he'll be expected to testify facing angry and emotionally devastated family member of the victim.

we are not showing the families of the children originally molested by daycare worker. when the parents showed up after the start of the civil lawsuit in san jose today. but one mother talked to me about the pain her family has suffered after enduring a criminal trial that ended last month with woodhouse being found guilty of 30 counts of lewd conduct with kids under the age of 16. >> it has really destroyed our family. >> reporter: he's expected to take the stand in the civil trial. it targets his employers, child development incorporated and first baptist church of san jose known as the church on the hill. >> they betrayed our trust. as a result of the lawsuit, i would never want another child or family to go through what we are going through right now. >> reporter: their attorneys compared it to the penn state situation, calling another case where the institution did not do enough to protect children in terms of supervision or background checks. the attorney says