phil: we'll be right back. >> announcer: tomorrow on an all-new "dr. phil" -- >> dr. phil: you're helping some lady getting a breast augmentation? >> it's the battle of the exes. >> and the woman wearing my fur coat on his cell phone. >> dr. phil: that's all she's wearing. [ female announcer ] we all want cleaner laundry. we all want fewer chemicals. all free clear oxi-active. a free clear detergent that's tough on stains and gentle on skin. try all free clear oxi-active. >> dr. phil: you're the biggest liar in the building. [applause] do you get that? don't roll your eyes and look at me. i'm telling you the truth. if i -- if there's anything i'm telling you that won't withstand challenge, then bring it on. i want to hear it. i want to hear it. i'm telling you you're the biggest liar in the building. now you tell me i'm wrong. >> i know i am. >> dr. phil: why are you rolling your eyes like a spoiled little brat. does it seem like i know an awful lot about y'all's family? >> sure does. >> dr. phil: you know why i do? there are two reasons i know. one is y'all have been very

phil: why did you say yes? >> because i loved him. >> dr. phil: what did you love about him? >> everything. he was my knight in shining armor. he was who i wanted to spend the rest of my life with. >> dr. phil: merging two lives together is not always the easiest thing in the world to do. >> no, it's not. >> dr. phil: it's not. >> there's no manual for it. >> dr. phil: no. actually, there is. [laughter] i wrote it in 2008. [laughter and applause] it is aptly name "relationship rescue." i will give you each a copy and on tape before you leave. is it possible that you are just two or three decisions away from having had the dream you wanted? >> absolutely. >> dr. phil: it wasn't that you -- you found out that he wasn't even almost who you thought he was. you just found out he had some flaws you didn't anticipate. >> correct. >> dr. phil: and as a result, we're in this. and you say this was just my current way to get her. this is my current way to get her. >> yes, sir. >> dr. phil: now, we're going to take a break here. when we come back, i'm going to tell you why that's the dumbest thing you've said today, and that is no small statement. >> right. >> dr. phil: i'll be right back. [ male annou

phil. >> dr. phil: these things are all negotiable. this is non-negotiable. >> agreed. >> dr. phil you get my point? >> agreed. if things changed, the show would have been a hundred percent different if saturday night hadn't happened. >> dr. phil: there wasn't a history of this before, but there is now, so that changes the dynamic. i would be happy to speak with him. >> great. >> dr. phil: i will be happy to make available to him in dallas the kind of help and counsel he needs to get a handle on this. in fact, i've already made some calls about that. >> thank you. >> dr. phil: so we will help him. but the first thing he's got to do is get out of jail, then get permission to leave california. it gets to be a problem. we'll be right back. are you sure this is going to work? [ male announcer ] something new. something pooh. ohh. [ male announcer ] coming home on blu. disney's "winnie the... pooh." [ male announcer ] on combo packs today. i want healthy skin for life. [ female announcer ] don't just moisturize, improve the health of your skin with aveeno daily moisturizing lotion. the

. >>> phil phil, we think this is kind of -- philadelphia, we think this is kind of cute. russa -- what is that maracka noise going on here? okay. geez. i can't even concentrate. anyway, ben francisco hit a 3-run homer to left of jamey garcia. phillies win 3-2 to lead that series. two games to one. they'll play again tomorrow. show me the thing so i can -- >> what? i was motioning to the floor -- it had nothing to do with you. >> by the way, it's raining. did you know that? [ laughter ] >> give me the thing. the thing that was making all the noise. >> it was my breaklet. >> go like that. show the audience. >> are you trying to get me in terrible? >> oh, yeah, they're going to get you in trouble. >> i was motioning to the floor director and you just -- >> no, but i could hear that noise and i'm concentrate >> you're not a professional if that distracted you. >> thank you. thank you. >> [ laughter ] >> okay, i'm not. >> you're talking with that woman doing -- >> i'm going to be honest with the audience. when it rains you think you hear something, and you're a nice person. bu

. >> bob has ten signature burgers, like in phil phil and the dallas burger, not baltimore burger yet. >> when i look at the map of america, most people see tates and thing you that you would see. >> kids are he's will this up -- i wanted to get it from possible e play. >> could no t forget the nuts. it is time to sign autograph itself and take pictures from the big fans. >> our kits or so so physician dating, i guess now that they will get out of the living room. >>> get here early, the inlocks on this opening day. >>> get your burger, put the paying chips on top and they will do that for he free. -- next up, on the search for a missing boy. >> police make a break in the case, i'm here with more onlying up. wap -- -- -- -- >>> we will let you know if there are delays was of the weather. >> a nice weekend, talking about the timing of that in 2010. >> >> >>> the waves are that $0 stick i'm a curious seeker. i am a chemistry aficionado. diphenhydramine. magnesium hydroxide. atheletes foot. yes. i'm a people pleaser. if elected, i promise flu shots for all. i am a walking medical diction

as far as the other accidents, phil phil road, in the rose del area. >> here is that delay. call them at this number. >>> thank you. baltimore is joining in the healthy eating on the national day. how can residents make smarter eating choices? >> it is grant money to promote healthy, fresh food is the goal of national food day and baltimore is joining in on the effort. >> having access to healthy diets and reducing things like smoking and diabetes, people will live longer. >> start wing the children. 83 city schools got a 1.7 million-dollar grant to be able to eat fresh fruit and vegetables every day and # 59,000-dollar federal grant to open up a new grocery store in howard park, that is considered a food dessert. >> this is how the store will help increase access to food and create jobs. >> the national food day is a grass root movement, spear headed for public interest, trying to get americans to eat healthy food grown in a humane way. in reservoir hill, they are trying to vidio that. >> in a way that it is grown environmentally friendly and socially just. >> trying to tak

phil phil matier will chat with the new interim chief coming up shortly. ,,,,,,,,,, [ female announcer ] this is the story of eves. [ eves ] years ago, i hurt my shoulder drag racing. that's when i decided to take it easy, so i took up hang gliding. [ female announcer ] a grandpa who refuses to grow up. [ eves ] the pain was bad, but the thought of not being a hang glider pilot was worse. [ female announcer ] that's when eves turned to sutter health's palo alto medical foundation. [ eves ] the doctors that i dealt with, they got it, that this old guy wanted to return as a hang glider pilot. they got me flying again. [ female announcer ] palo alto medical foundation, and sutter health -- our story is you. >>> good morning. it's the usual slow and go spots this morning. altamont pass and antioch loaded up. details coming up. >>> "eye on the bay" host and foodiechap liam mayclem is not here this morning but we still have a food-filled liam's list this week. liam feature's food trucks and mobile chefs. follow your nose to find them. >> first up? >> a taste of africa. with the african kitchen, this mobile husband and wife are a hit. there are beignets the order of the day. you can find them all over the bay. head to their tasty little website for more. >> a popular truck offers filipino fusion cuisine. it blends with mexican-american flavors. it's a cheap eat. yum. >> next, a taste of france is what you will discover are the brittany crepes. they are filled with chocolate or strawberry and cream,sensational. head to their site to see where they pop up next. some of these chefs can be found out off the grid events in berkeley and san francisco. tasty trucks gather there withium any offerings. follow them online. and that's your food filled liam's list. cheers. >> we were saying his voice you can tell he is very passionate about his food. >>> some four-legged performers are traveling the west coast entertaining audiences and raising awareness for abandoned animals. the dogs, cats, birds and even mice perform in the pet theater. they have all been adopt from animal shelters by a russian circus trainer. 10% of the proceeds all go to local animal shelters. the santa cruz spca estimates it will get $1,500. >> they were, you know, finalists in "america's got talent" so a lot of people are following them and have shown up. event is selling itself with what's going on so that's really helping us. >> and they will perform in campbell monday night at the heritage theater. >> how do you get a cat to do anything? >> weird, right? >> a little weird. money for a good cause but bizarre. >> my cat would tell me to take a flying leap. >>> it's 6:25. coming up he has just taken charge. now he is sitting down with cbs 5. we'll talk live with oakland's newest police chief about his plan to stop city violence. >> trapped in a home. two women cry for help in the east bay. the challenge facing firefighters to get them out. >>> a local high school gets a threat via email. we'll tell you how school administrators and police are reacting this morning. >> and it is a sleepless night for fans waiting for the new iphone. why apple's cofounder wanted to be the very first in line. >>> a beautiful sunny friday on tap for all of the bay area. temperatures going to climb once again. this high pressure holding temporarily but a cooldown in store. i'll tell you what you can expect over the weekend coming up. in one day, i ve three auditions. and, it's really important that you go in looking like the role. i go straight to t.j.maxx. i find what i'm looking for. done. it's amazing to find so many gorgeous designer clothes. i'm like dut, dut, dut... yes, yes, yes. and, it also works with my somewhat unpredictable paycheck. fashion direct from designers. savings direct to you. this fashionista... is a one-to-watch maxxinista. in the u-s and >>> your realtime captioner is linda marie macdonald. >>> stock futures rose sharply this morning on encouraging corporate news here in the united states and europe. google shares soared after reporting third quarter profits climbing 26%. retail sales had their biggest jump in 7 months in september and they are getting ready to ringle bell. mighty macs the bell ringers. kcbs moneywatch reporter jason brooks will have early action on wall street in 15 minutes. >> good morning. it is friday october 14. i'm elizabet wenger. >> i'm frank mallicoat. time 6:30. let's get you out the door with a little traffic and weather. you'll like both, actually, right? >> i can tell you about weather. gianna will tell you about traffic. weather-wise you should like it if you like the warm weather. mild start outside here sitting in the 50s and 60s. warming up nicely by this afternoon the i'll tell you how hot we're going to get later on. gianna, can we be happy about the roads? >> unfortunately, we have chopper 5 over the scene -- actually we are getting word of a broken-down vehicle that may slow you down at the bay bridge toll plaza. mass transit is on time. more details coming up. >>> an east bay high school receives a threat by email. school officials and police are taking it seriously and there will be extra patrols around campus today. anne makovec is there at alhambra high school in martinez where we understand that administrators have decided to keep the school open. good morning, anne. >> reporter: good morning. school will be in session today. we don't know how many students are actually going to show up here at alhambra high school in martinez because parents had an automated phone call last night from the martinez school district explaining that there had been a threat but that the school will still be open. the superintendent says hey, he understands if a lot of students decide not to show up this morning. it is going to be in session though in part to combat the chance of any copycat threats. you know, the second you take a threat too seriously and close the school,there's a chance that students could think, it's as easy ascending an email and we get out of school. staffers will get additional information on safety procedures before classes today. there's also an increased police presence though they are not releasing any details on exactly what they are doing today to keep the campus safer. threat was emailed to the school's office manager basically saying that something bad could happen today. police are not releasing the exact wording of that email. they are trying to track down the source. they are working several leads right now. now, the only change in plans here for alhambra high school today is that there was a blood drive schedulessed that now has been postpone. elizabeth. >> okay. anne makovec life for us in martinez thank you. >>> a student reported being groped around 7:30 wednesday night near clark hall. police sent out an alert and another woman came forward saying she was groped around the same time. police believe the same two men are behind both incidents. the women were not hurt at san jose state. >>> cries for help from a burning house in the east bay. two elderly women had to be rescued early this morning in concord. fire broke out about 1:30 at a house just off saint francis drive and bonhomme way. police got there first and heard screams from people trapped inside. the smoke was very heavy so they still had to wait for firefighters. one contra costa firefighter once -- once contra costa firefighters arrived, the sounds from inside actually helped them respond. >> our units arrived. they went inside with their safety gear on. they were able to go in and actually rescue two elderly occupants and brought them out and they were both transported to the hospital. >> one woman had to be carried out. the other was able to walk with assistance. both are now at the hospital reportedly in good condition. however, damage from that fire is estimated at $150,000. >>> 6:33 now. at this hour, a house panel resumes hearings of the government loan to the east bay solar energy company. the issue is the obama administration's decision to restructure the loan to solyndra. newly released e-mails show the treasury department was concerned that the restructuring could violate law. >>> president obama returns to the bay area for another fundraiser. he will be in town on the 25th. last month he raised nearly $5.5 million in just a couple of days while visiting the silicon valley. sources say the president will host a luncheon at a hotel. the location has not yet been announced. >>> in less than an hour and a half, you can buy your new iphone right here in the bay area. >> that's right. and there are lines outside all sorts of apple stores this morning. in line with them are stephanie chuang, in los gatos, where one apple big wig just decided to wait with everyone else. good morning, stephanie. >> reporter: like everyone else but he is not like everyone else. he has been here since noon yesterday. of course, steve wozniak apple cofounder there. the woz says this is a moment he was not going to miss no matter what but that last week passing of his dear friend steve jobs makes this moment that much more meaningful. >> it had no effect on my being here but thinking about why i'm here makes me reflect a little more on it, on his, you know, death and absence and what he's done, the great he's done. >> reporter: the preorders for the iphone 4s began last friday three days after ceo tim cook revealed it. globally apple is expected to sell up to 3 million, maybe up to 4 million of these new iphones this weekend alone. and that would more than double last year's 1.7 million mark. so far the 4s reviews have been good especially for the faster processor, the upgraded camera and the voice recognition software. in fact, apple's shares jumped more than 10% this week so far. this all happening with a line forming up to maybe 100 now here waiting for the 8:00 store opening for the iphone 4s. apple employees just went down the line handing out golden tickets. they ask you what carrier, what color, white or black, and that will guarantee you one of the phones in here. back to you. >> i guess the woz brought his patented apple chair to sit in first in line, too, huh? >> reporter: and he brought his apple segway. [ laughter ] >> there you go. okay. very good. stephanie chuang live down in los gatos. >> he should cater breakfast for everyone. >> wouldn't be surprised if someone is going through with a little coffee and doughnuts. >>> 6:36. let's check traffic and weather. >> good day for buzzing around on your segway. great weather for that for anybody outside today. it's going to be beautiful no matter where you are in the bay area. pretty clear this morning. looking at the satellite you can see all that cloud cover into the pacific not really having to contend with it here, maybe a few patchy clouds at the coast but that's it. and those temperatures today really starting to see much warmer than we usually do for this time of year. look at the differences between 10 and 12 degrees above average all over the bay area. so get outside and enjoy this weather today because a cooldown is in store for saturday and sunday. i'll tell you how cool we're going to get later on in the show. gianna, how are we doing traffic-wise? >> we are getting busy especially at the bay bridge toll plaza. we have reports of a broken- down vehicle possibly blocking one of the lanes. chp and tow crews are on scene but you can see traffic starting to get busy. they have turned the metering lights on. so you're going to stay slow past the lights up the incline. gets better across the upper deck into san francisco. no troubles in san francisco itself. westbound 580 stop and go 22 minutes from the altamont pass to the dublin interchange and 680. highway 4 loaded up. that's traffic. back to you. >> thank you. >>> a man who operates a food cart in san jose now facing weapons charges. authorities say jose ortiz has been selling guns for a few hundred dollars apiece and some of those buyers have actually been undercover cops. ortiz says another man supplied him with the guns and he didn't ask where they came from. he also says he didn't know he needed a license to sell. but now he could get 20 in federal prison if convicted. >>> new this morning, san francisco police have one suspect in custody for a bayview shooting that injured a little girl. last month someone shot the 5- year-old in the leg as she was walking home from school. cops say the teen suspect ran away when they tried to ask him questions. but they caught him and later arrested him. >>> 6:38. google surprises everyone. the huge success for the search giant. >> and he is taking charge of a city in crisis. oakland's new police chief joins political insider phil matier and what his plans to do about all the rising violence in that city. >>> and the market just opened about 10 minutes ago. let's take a quick check on the early numbers. everything is up. coming up we'll get an update from kcbs moneywatch reporter jason brooks. ,,,,,,,,,,,,,,,,,,,, design and origin as one >>> welcome back. pg&e will replace all the gas pipeline that have the same design and origin as one that failed in august. more than 1200 miles of pipe are involved and hundreds of millions of dollars. holly quan joins us by phone to tell us that the utility is really under pressure to act. good morning. >> reporter: good morning. we're not talking about the 30" steel transition pipes that blew up in san bruno. these are the smaller 2" wide plastic distribution pipes that deliver gas to homes and business. six weeks ago one failed at a cupertino condo complex sparking an explosion and fire up. that pipe has a history of cracking so now pg&e says it will pen is the next three

phil angelides phil matier. >>> people in oakland have little confidence in jean quan's ability to governor the town. the exclusive poll showed 53% of oakland voters disapprove of her job performance a sharp turnaround from april when 57% supported her. the new poll also found 69% have little or no confidence in quan's ability to reduce oakland's crime problem. >> i -- i -- i have no doubt that people are -- are concerned and, uhm, it's a hard job. i -- i do the very best i can. so i -- i try not to worry about that. >> mayor quan says she is focusing in on her neighborhood crime summit that's scheduled for tomorrow. >>> it is 5:12. a deadly threat just months before a salon massacre. >> plus, time to dig out your glove compartment. the break california is giving on traffic tickets. ,,,,,,,,,,,,,,,,,,,, taking it se >>> back now at 5:15. an east bay high school receives a threat by email. school officials and police are taking it very seriously as well and today there will be extra patrols around campus. >> and our anne makovec is at alhambra high school in martinez where administrators decided to keep the school open. >> reporter: it will be interesting to find out how many students show up for class today. parents got an automated call last night from the school district telling them them about this threat that was emailed to one of the administrators here in the district. so alhambra high school is going to be open today as you mentioned increased police presence. but school will be in session in part trying to fight the chance of copycat threats, you know, you don't want the situation where every time anybody sneezes they're canceling class, although obviously they do want to take this seriously. the superintendent says if there is low attendance today, so be it. but they are planning on keeping the school open. there was a blood drive scheduled for today here, as well. that has been cancelled. back to you guys. >> any idea what the threat was, anne? did they explain that at all or was it just -- >> reporter: no, just that something "bad" was going to happen. they haven't detailed the exact wording of that email. they probably don't want too. you don't want to give the threat too much attention. but you want to take it seriously. it is a fine line. >> you can't mess around with that stuff anymore. thank you, anne makovec live in martinez. >>> let's get an update on your weather forecast. we're talking about the weekend. we're all excited about that. it is friday. >> yes! >> sunshine. >> all together now, friday! yes, it is friday. going to be gorgeous. going to see hot temperatures once again in those inland spots and even the bay and the beach are going to be nice today and it's pretty clear now as we step outside. you may be seeing patchy clouds at the coast but otherwise very nice mild start to your morning and this afternoon, shaping up nicely. lots of sunshine inland. seeing 90s there. 80s inside the bay, lots of sunshine. coastline will see mostly sunny skies but some clouds returning into the afternoon. this area of high pressure that's still in the picture is keeping us warm like yesterday but this low just behind it is going to slide through bringing us those cooler conditions saturday and then even more cool air pumping in for sunday bringing those temperatures down. for today enjoying beautiful temperatures that look like this. 70s the high in pacifica. sunnyvale 86. los gatos 88, fremont low 80s today. over to the east bay where we see a few readings almost breaking into the 90s in our far inland spots. 91 for danville, san ramon. napa topping out at 87. beautiful day in the north bay as well. 88 in petaluma. 85 kentfield. sausalito at 74. daly city 72. and san leandro making it to 81 today. so gorgeous day for friday and then changes in store, saturday into sunday, more cloud cover building in. you will see those temperatures dropping down, as well. slight warmup as we make our way into sunday. next week cooler but nice weather a dry forecast in store for several days. >> is this unusual. you know, it is pretty warm for this time of year. feels more like summer than fall. that dose of hot weather we were waiting for all summer long we're getting it now that it's fall but there will be rain in the forecast. you wait. it will be back in the picture. >> usually halloween is always cold. >> we still have time for things to change. it's only a couple of weeks out. >> wait, it will change. >> all right. gianna, let's kick it over to you find out what's going on, on the roads. >> lots of good news. we'll do a south bay check. 880/237 conditions through milpitas so far, so good. lots of good news here on the roads. elsewhere if you are headed through downtown san jose northbound 280, traffic looks very good. in fact "friday light" through there no delays along 101 northbound clear all the way into the peninsula. if you are taking 101 out of marin county, though, 71 miles per hour right now is what we're clocking in on our sensors working our way north- and southbound on 101 out of san rafael. south there was to the golden gate bridge, you can see conditions look nice into san francisco. no delays south of there. 11 minutes from 580 to the golden gate bridge toll plaza. 101 to sfo so far, so good no delays. 280 problem-free. slight delays on the southbound side of 280 out of san bruno but again nothing major to report through there. san mateo bridge also off to a good start about 14 minutes between 880 and 101. bay bridge looking good metering lights off. clear up the incline and very light into san francisco. still pretty good across the central freeway. no delays to report on the lower deck of the bay bridge headed into oakland. and here's a live look at 880 through oakland. earlier roadwork is picked up. traffic is cruising along. remember kcbs once you do hit the roads. they're our radio partners. and you can find them at 740-am and 106.9-fm. be that's traffic. back to you. >> thank you. >>> sadness, tears and hugs outside a salon in orange county, seal beach. 300 people gathered last night for a candlelight memorial and prayer service to remember those who died and to pray for the one woman still in critical condition. investigators now are learning more about the alleged shooter scott dekraai. the 41-year-old is in custody for wednesday's shoot telling salon where his ex-wife worked. she was one of the people shot and killed. people who knew the couple say they were in a bitter custody battle over their son. dekraai reportedly threatened to kill his ex and her coworkers two months ago. that threat wasn't taken seriously. police are set to hold a press conference later today. >>> pg&e will replace 1200 miles of gas pipeline with the same design as the one that failed in cupertino this past august. the 2" wide plastic pipe that caused a fire at a condominium is part of a network of distribution lines and batches of that pipe made before 1973 have shown a history of cracking. the replacement project across california is expected to take more than three years to complete. >>> and it is now 5:21. if you don't fit, you have to pay. the latest airline to charge plus sized customers. >>> and a new leash on life for some abandoned pets. how they are getting a second chance in showbiz. that and more coming up when we come back. awww... ,, ,,,, [people chatting] everyone, it's $37 a piece. paying with your smart phone instead of cash. that's a step forward. with chase person-to-person quickpay, you can send money directly to your friend's checking account. all you need is their email address or mobile number. don't worry honey, i'll show you. thanks everyone. hundreds more in your wallet year after year. feed me! saving you money -- now, that's progressive. call or click today. month. >>> brands new teen -- brand- new teenaged drives are more likely to crash in the first month. 50% of teens are more likely to crash in the first 30 days of unsupervised driver every driving. nearly 60% of accidents had three common mistakes, failing to slow down, not paying attention, and failing to yield. >>> it may be time to pay all those pesky traffic tickets you have been ignoring. the state is offering this one time deal. if you pay during the first six months of 2012, you will get 50% off. there are $900 million in overdue fines owed to the state. duis, reckless driving and parking tickets aren't included. >>> budget airline is adopting a new wide load policy. airtran will force its passengers who weigh a little too much to buy two tickets to pay a little more. next march customers will have to buy two seats on an airtran flight if a passenger can't sit in a single see the with the arm rests down. southwest recently bought airtran. actor and director kevin smith blasted the airline on twitter after it enforced the same two- seat policy on him. >>> a group of four-legged performers is on a west coast tour. they are entertaining audiences and raising awareness for abandoned animals. >> they are. the dogs, cats, birds and mice perform in the pet theater, tutu optional. they have all been adopted from animal shelters by a russian circus trainer. wow. look at that. amazing. 10% of the proceeds go to local animal shelters. santa cruz spca estimates it will get a check for $1,500. not bad. the trainer creates skits around talents of individual animals. they will perform in campbell monday night if you want to check them out at the heritage theater. >> that freaks me out. did you see that dog that boxer? he was like pushing the whatever it was? >> that freaks you out? >> yeah. all the tutus on the dogs? a little strange. >> i'm okay with it. >>> it is 5:27. her approval rating taking a hit. this morning, oakland's mayor responds to an exclusive cbs 5 poll. >> plus, he sold more than tamales and tacos allegedly. why one bay area vendor faces up to 20 years in federal prison. >>> and the bay area high school on alert. why there will be more security on campus. >>> we're live at the los gatos apple store where the woz is in line. some people going on 17 hours for th iphone 4s. ,, ,,,,,,,,,,,,,,,, >>> your realtime captioner is linda marie macdonald. >>> a threat emailed to a bay area high school. the increased security students will see on campus today. >>> and lots of sunshine pouring in all over the bay area today. more hot temperatures in store. tell you how hot it's going to get coming up. >>> and it is "friday light" on the freeways. we'll have a complete look at the roads coming up in just a few minutes. >>> we love that word friday. good morning, everybody. it's october 14. the weekend is here! i'm frank mallicoat. >> whew, we're not counting or anything. i'm elizabeth wenger. grace lee has the morning off. time now 5:30. screams for help in the east bay. two elderly women were rescued from a burning home in concord. the fire broke out about 1:30 this morning at a house off saint francis drive on bonhomme way. police heard the screams from people that were trapped inside the home but the smoke was too heavy to go in so they had to wait for the firefighters. once contra costa firefighters arrived, the sounds from inside helped them respond quickly. >> your units arrived. they went inside with their safety gear on. they were able to go in and actually rescue two elderly occupants and brought them out and they were both taken to the hospital. >> one of those women had to be carried out. the other was able to walk with some assistance. both are now at a hospital reportedly in good condition. damage from the fire estimated at $150,000. >>> an east bay high school is taking no chances on an email threat received by a school office manager. now there will be extra patrols all around campus. our anne makovec is at alhambra high school in martinez where we understand administrators are opting to keep the school open this morning. good morning. >> reporter: they did decide to keep the school open this morning. they don't know however how many students are going to be showing up to alhambra high school here if martinez this morning. that is -- here in martinez this morning. that is, the parents got an automated phone call last night warning themof an email threat to administrators last night. they wanted it pass that on to parents and police to make a decision to keep school open today. they made the decision to combat the chance of copycat threats, people thinking, all you need to do is send an email and school will be cancelled. staffers are going to get additional information on safety procedures before class today and the school district says the superintendent says he is prepared for low attendance. they want to make sure, though, that, you know, again the threat is taken seriously. but they are also riding the fine line that they are keeping everybody safe and not encouraging more of this behavior. we'll see what happens. there are no sporting events here today. that's one part of the good news. and there's also a blood drive that was scheduled that is also postponed right now so that's the one change in the schedule. back to you. >> thank you. pretty scary stuff though. all right, anne makovec live for us this morning in martinez. thank you. >>> a san mateo father is under arrest for allegedly hitting two 10-year-old crossing guards at a daly city school. he was dropping his daughter off at school last month when all this happened. the 43-year-old was told by the young crossing guard he could not make a u-turn. he struck the boys with his car. the crossing guards were not seriously hurt. >>> a new top cop is in charge in oakland this morning. howard jordan was sworn in yesterday as the interim chief. he has been the department's number 2 for several years. he was interim chief for seven months before chief batts arrived. batts resigned on tuesday. he will talk with philatier later. >>> when mayor quan made the announcement about the chief, will we asked her about a poll that people in oakland have little confidence in her ability to govern. the exclusive poll found 53% of oakland voters disapprove the mayor's job performance. the new poll also found that 69% have little or no confidence if quan's ability to reduce oakland's crime problem. >> i problem. >> i do the best i can. it's a hard job. i don't worry about polls. >> she says she is focusing in on her neighborhood crime summit tomorrow. >>> men accused of the -- the man accused of the salon shooting rampage is linked to a custody fight and history of abuse but investigators haven't released a motive for the attack that left 8 people dead including the suspect's wife. they are expected to provide more information on the shooting today. hundreds meanwhile showed up for a candlelight memorial outside the salon. they prayed for the lone survivor a woman still in critical condition. >>> a food cart o

phil bachelor. >> i have yet to meet phil bachelor in person. >> see you tomorrow morning. >> the voice mail he met told me a couple of things. >> take the elevator up to the third floor. >> one, that he called personally showed he is not the kind that needs a staff to do everything for him. >> the door will be unlocked. >> two, that i was to let myself into city hall. >> see you tomorrow. >> it showed there wasn't much staff left. >> i never have been in an organization that had such meager resources. are you available to do that? >> for the past year, phil has been vallejo's interim manager. >> this is phil. >> a career public admip straighter and most of it spent in the east bay, bachelor had earned a reputation of a turn around specialist. >> have we heard anything more? >> technically retired, his trouble keeps calling and keeps asking for his 47. after his last job though, he was finally ready to call it quits. >> i had been doing this a lot. i was away from my family a lot and i would like to stay home. >> bachelor was so sure he was done that when vallejo, a city in bad shape had been declared bankruptcy, he said no. they asked again and again. >> how many times? >> i don't remember. >> enough times that bachelor finally said yes. he would work with them for a year. while the city council understood that in bachelor they were getting an expert in turning around cities, they may not have understood everything they were getting into. it became very clear very quickly when before agreeing to work for the city, bachelor gave them a co

phil: oh, yeah, he did. jim: what a heads-up play. phil: well, that's illegal. but how could you see it happen so fast? when i saw it here live, i thought well, ok, they could have been one of the defenders. jim: so why can't they review it upstairs then? phil a penalty. jim: but it's a scoring play. phil: i know, but it's a penalty. it's like if you scored, and you thought it was pass interference, well, you can't review it. referee: for review of the previous play with instant replay. jim: well, they are going to review it. it was not a penalty just to clarify what you're saying. phil: ziggy hood, to see if he recovered it. recovered it. no, he is out of bounds. phil: but when you review this, jim, what i'm saying is you can't say oh, that was a penalty on it so we're going to reverse the call or whatever. so he's clearly out of bounds when you watch that recovery. wow. we didn't see troy polamalu's name a lot today but we saw couple of big tackles. jim: i'm actually wondering since it was a pittsburgh player who bad in the back of the end zone, why it could be considered a safety, a touchback. for you rules book -- rulebook aficionado, this is a doozy right here. did rule book -- this is a doozy right here. phil: well you can't bat the f

phil: only on a fumble. maybe if they get it back it will be with a few secretaries left in the game. -- seconds left in the game. jim: they have two time-outs. phil: i'm wrong. i thought one. so my fault. jim: green-ellis again. big chunks. philde, a tired defensive team. they get running toward the run, they can't stop, the cutback, it's wide open for a big gain. jim: green-ellis who has never fumbled in his nfl career. how about that? here's the lineup tonight on cbs. it begins with "60 minutes" and a fascinating story about drew rosenhouse. some of his influences around the nfl. as an agent. "60 minutes." then a new "amazing race," "the good wife" and "csi: miami." phil: i saw one time-out but there was two. but that will keep you in the lineup, too. benjarvus green-ellis, if you don't fumble it. that's, look, around here in new england, jump offsides, fumble the ball do something wrong, you might be out of the lineup for fours weeks. jim: that's in over 400 career carries. fun to you know you're going to run the ball. jim: here it goes again. outside and pool brings him down. let's see the spot. looks like it might be inches short. phil: rex ryan going to wait until after this play, before he uses his last time-out. jim:

phil: or you can call 323-461-phil. that's 323-461-7445. okay. i want to thank all of my guests today. listen, i understand, because i'm a parent i understand that you love your children you want to nurture your children. and sometimes it's hard because it's easy for them to just kind of lay up against you, let you pay bills, cook for them clean for them do all of that. but they will never learn how to do what they need to do. and there's always anxiety. when jay went off to college, our first went to college, i remember robin cried all the way from austin back to dallas. and then she got there and said well i didn't teach him enough to cook. and i didn't teach him to iron. now he's down there hungry and wrinkled. >> robin: oh it was horrible. >> dr. phil: but they made it right? >> robin: yes he did make it. as you see, yes he did. >> dr. phil: they do. but they don't do it until they need to do it. necessity, necessity, necessity. thanks for being here. so long. thanks, guys. [applause] see y'all. bye-bye. see you. bye-bye. see you guys. the service was very moving, wasn't it? yes, it was. i'm so glad we could be here for larry. i was surprised to hear there was no life insurance. funerals are so expensive. i hope larry can afford it. i know. that's why i'm glad i got a policy through the colonial penn program. do you think they have coverage for me... something that'll fit into my budget? yes. you can get permanent coverage for less than 35 cents a day. if you're between 50 and 85, your acceptance is guaranteed. you won't have to take a physical or answer any health questions. plus, your costs will never go up and your coverage will never go down. i'm going to give them a call. if you're between 50 and 85, then you should call about

phil, a private, personal, sad matter. handle it outside the realm of television and dr. phil. i don't understand that. just me.ust me. >>> well, it's a chilly morning here in the northeast after the first snowfall of the season. some higher elevations got more than half a foot of snow. and the albany area in new york was blanketed by up to 4 inches. commuters facing icy roads as overnight temperatures dip, get this, into the 20s. texas panhandle covered in white. a record 3 inches of snow came down in amarillo, texas, yesterday. first october snowfall there since 1995. trees and power lines snapped. the snow will be melting today as temperatures head into the 50s. unbelievable. >> it is too early for all this. >> you are in new york, more accustomed to that. in texas? >> it's too soon. old man winter go away. give us a few more weeks. >>> you in to the rest of today's forecast. thunderstorms across the south. wet in new orleans, knoxville, atlanta, charleston. west virginia, showers in florida. and around lake michigan. light rain, pacific northwest. bitter cold morning. windchills from maine all the way to d.

phil joins us on call. talking about what is coming up, phil has a mother-in-law story you got to hear to believe. you stay tuned. we'll be right back. ,,,,,,,,,,, >>> it's 6:30, lites reflecting on the inner harbor, it's cold. the water is cold. it's cold on the ground above it. sharon will have the latest on traffic after marty's weather. >>> we go back to railroad standard time next week. 32 degrees now. 52 lunch. by the evening clouds but no rain or snow. 49 degrees dinner time. >>> frost on your car, here is sharon gibala although traffic control. >> reporter: good morning. problems now on 95 in the southbound direction, we have an accident blocking two right lanes, one lane getting by, 95 southbound, causing a 20 minute set back. already to the beltway and beyond. watch for an accident, susquehanna, fire activity continues a two alarm fire, blocking newberry between smith avenue and stole grave, take greeley road. on the jfx, ruxton and northern parkway, there is smoke causing problems as well from the fire. speeds already delays on the beltway, 41 miles per hour on the west side of the beltway, down to 40 now. the east side looking good at the key bridge. this is brought to you by your toyota dealer. see why now is the time to make the jump to toyota. . here is the latest, firefighters are on the scene of a two alarm blaze, on newberry street. there is smoke detector on the expressway. >>> we will bring you the latest information as soon as it becomes available. >>> millions make waking up without power to the north after a nor'easter blew through. here is drew elevenston with the latest. >> reporter: they started digging and clearing out sunday. after saturday's freak nor'easter raced up the atlantic coast. heavy wet snow downed trees and utility lines leaving cars and houses banged up. this giant tree sliced through meagan fitzgerald's home. >> we heard crashing and crackling. this tree wound up, falling and breaking. >> reporter: millions from washington to maine are without electricity. it could be up to several days before it's restored. repair crews can't get in. >> we have so many trees and limbs unpassable. >> reporter: so many fall leaves had yet to fall. that gave the wet snow something to grab on to and it was simply too much weight for branches to hold. people spent the day clearing the broken limbs from their yards. >> trees down in the back, trees down on the side of the house. this one came down on the power line. >> reporter: the snow totals smashed october records, topping two feet. all that snow combined with the downed power lines has communities warning trick or treaters to be vigilant. >>> stay with wjz 13 for follow up coverage of our october snow and for the latest on disruptions and power outages, go to wjz.com. >>> a new iowa presidential poll shows former governor romney losing support and falling out of the lead. cain is leading the pack with 23% edging out 22%, texas governor perry will take part in debates after saying he was considering skipping the rest. the next one is scheduled for november the 9th. >>> family of convicted ponzi schemer bernie madoff sits down with 60 minutes >> he says i have a confession to make, i've been running a ponzi scream. he said $50 billion. >> he said everything identify been doing is all a big lie. he said the business is a ponzi scheme and it's insolvent and i'm broke. >> he pled guilty to 11 federal felony counts and serving a 150 year prison sentence. >>> jurors will deliberate the fate of currie. andrea fujii has more. >> reporter: good morning, don. good morning everyone. it will come down to what is jury believes. did senator currie make a honest mismistake or sell his political power. >> are you feeling confident about this trial? >> no comment. >> reporter: ulysses currie could face jail time if a jury agrees with prosecutors that the chair of the budget and taxation committee took a qear of a million dollars in bribes prom the grocery store chain shop is food between 2003-2008. more than 3 years since the fbi raided his home and the offices of shop is food alleging he used political power to benefit the stores. >> went through the house, room by room. >> reporter: the lawyers argue he worked for shoppers as a paid consultant and insist he did nothing illegal. shirley testified her husband's failure to disclose paid relationship with shoppers on ethics forms as a required was her fault, saying she does all the paper work because he is disorganized. jurors heard from high profile politicians including former governor bob ehrlich, cummings, brown, and house minority, hoyer, calling currie an honest man. >> there is a fine line in our society between paid lobbying and bribery. >> reporter: attorneys expect two days of testimony and in closing arguments and deliberations starting wednesday. >> that trial is now entering the 6th week. today the maryland state public service commission will hold the first hearing on the sale of constellation energy. if approved it would become the second largest lek tris tri electricity and gas distribution company. >>> here is mark viviano with a win over the cardinals. >> reporter: good morning, for a second straight game, the ravens offense looks horrible in the first half but unlike the monday night mess at jacksonville, this time the ravens find a way to rally at home against arizona. first half falllies included two turnovers a fumble and interception, led to arizona touchdowns. cardinals rolled in to baltimore and held a stunning 24-6 lead at half. the second half come back included a number of long passes from joe flacco, to antoine bolden. those connections would help set up three touchdown runs by rice. the ravens needed a i score to break a tie in the final minute. the big play was flacco to rookie torey smith for 36 yards, that would set up the field goal in the final second to cap a 30-27 come back win. >> we had a bitter taste in our mouth from last week. we wanted to rectify that. >> when guys come up with big plays, leaders are leading the way and there is not a better feeling. >> proud of our guys and joe and proud of our coaches and cam and chuck, i'm proud of jerry and all the coaches and players. >> reporter: rally from 21 points down is the biggest come back in ravens history. next test, on the road, it's a tough one as they travel to pittsburgh to face the steelers. back to you. >>> number two in the afc north behind the steelers who won yesterdays as well. >> 8:30 sunday night football against the steelers who took down the patriots yesterday. >>> i was sitting there thinking patriots can income off steelers and do us a favor here. >> that game was well watched here as well. we wanted to see the steelers go down. >> the steelers owned the patriots from the get-go. take that hoodie and wash it where the sun don't shine. speaking for all the steeler fans and ravens fans, your team shouldn't be in the nfl. look at the day part. >>> i was counting on that. 32 degrees now. 49 this evening. no rain, no snow. just clouds. comfortable conditions for trick or treating this evening. how is november to start? pretty darn good. sharon has traffic. phil has a mess on his hands. decade of dr. phil right now. he is going to join us talking about a lot of stuff including a mother in law you got to hear about to believe. we are taking a break and coming right back. [ male announcer ] itchy dry scalp? get selsun blue for itchy dry scalp. strong itch-fighters target scalp itch while 5 moisturizers leave hair healthy. selsun blue. got a clue? get the blue. >>> good morning, it's 30 degrees now on tv hill. 9 2% humidity. calm winds, barometer, 30.38. dome of pressure on top of us. cooler than this time yesterday morning. low to mid-30s western maryland. mid-30s dc and packs river. columbia 30 rs 30 bel air, 32 westminster. 34 rock hall. area of row pressure sliding by to the north and clouding us up later but shouldn't give us problems. we will have a book end of shower activity after dark and before bedtime. behind the low, behind the weather, pretty benign conditions over the five day. 54 the high this date. overnight, with slow clears aft

phil keeping is still with us. do we have any idea what this "thing" is, that is not public? or is that a secret? phil: it is primarily the laptop and cell phone data that is being analyzed by the experts in the netherlands. it is a time issue on getting that back in. the f.b.i. has been working with the aruba authorities searching his home in maryland and they did obtain handwriting samples which will be used for the life insurance, the travels' insurance that aruban authorities say he took out on her life at the airport or when they bought the tickets to fly from the united states down to aruba. of course, he before he was arrested he was at the airport attempting to board a flight to return back to maryland and according to reports down there, detectives approached him and he was absolutely sweating. >>shepard: a lot of people have questioned, judge, if the bad publicity from natalee holloway investigation they are trying to put parts of the puzzle together that do not exist. >>judge napolitano: they may well be, i don't want to say their behavior is inappropriate but they have a belongcy on their backs which is a terrible, terrible reputation because of their inability to follow-through on the natalee holloway case. until van der sloot got involved this other criminal activity in another country so they are going to be a lot more though oh and a lot more aggressive than they have in the past but as philndicated, some of the time issues, how long it takes to get information to the judge are out of their control. >>shepard: thank you both. and you can see the judge on "freedom watch," at 8:00 eastern and 7:00 central. and now a look at your latest bank statement. had enough fees? already close to your accounts and ready to close it? it turns out that is easier said than done. you cannot just easily close your own account. we will show you why. stay tuned. [ male announcer ] this is coach parker... whose non-stop day starts with back pain... and a choice. take advil no and maybe up to four in a day. or choose aleve and two pills for a day free of pain. way to go, coach. ♪ america's fastest and most reliable 4g network in over 140 cities. verizon. built so you can rule the air. the world needs more energy. where's it going to come from? ♪ that's why right here, in australia, chevron is building one of the biggest natural gas projects in the world. enough power for a city the size of sing

phil mcgraw and rosalind wiseman. phil, what kind of grade would you give in terms of progress that's been made this year on the issue. >> i would give a high grade as far as intention to both legislators and administrators and teachers. the teachers are the heroes. they work for very little money and they're very dedicated but i would give us a very low grade for execution. low grade for what we've accomplished and i'll tell you, anderson, it's because we're going at this from the wrong point of view. we're dealing with this with bullies as criminals. and then they're victims. and we can't see them in that way. there's got to be intervention with both. it's not just ''that. they both need help and skills and only things they can get if we don't put it in the curriculum and we need money behind it to make it part of the curriculum and make it as much a part of the student's day as we do history, math and science. >> rosalind, what kind of grade would you give? >> about a c minus for many of the reasons dr. phil spoke of. it's so punitive. it doesn't understand the complexesities of tissue. we have good people intending to do well reacting to anxiety and are not thinking through how it impacts a school. but what i -- who i do give an a to are the kids and the young people who are making videos and songs and music videos, that's authentic to their life experience and sharing with other people. >> i don't give the kids an a? >> you're disagreeing with me? >> i give the kids, do what you say. the ones on youtube reaching out for their own experience. what i don't give an a to are the kids on the bus that sat there and watched that happen and they're just as guilty as the kids doing it. >> we conduct aid study and we'll show you the results throughout the hour. more than 75% of the cases, i think it was, kids don't intervene. nobody intervenes and we're going to look at the importance of intervention. when i first started to try to understand the bullying issues i saw bullies and victims but afte

. >> and by the way some handsome guys like matt damon are, too, and no offense, phil, but as of the philday lewis. >> if you were casting your dream cast, and you would like directing, and who would you want? phillip would be one -- >> meryl streep and meryl streep and meryl streep and migmani and meryl streep -- no, there's several actresses that i think are wonderful. >> does jack nicholson creep in. >> yes. >> was he -- does he leave with the -- i actually like the way you lead your life and it's incredibly admirable and i've always thought that. and it may not make me in the majority but that doesn't matter to me, but somebody like jack nicholson if you are going if go the other way and lead the archetypal movie type, it is him on the boat in san trope and girls and beer and pizza. >> yes, and every book that anybody who has ever written under his book. he is one of the most intelligent boxes of firewood that ever walked the earth. >> how would you like to be remembered? if you could write your own tombstone, your own epitaph after the. >> i'd like to erase some of my children's memo

phil keating live in south florida with the details. hey, phil. >> hi, shep. tragic by any measurement here. christian hernandez 12 years old. when he was born his mother was 12 years old. as children together raised in foster homes. allegedly abused and beaten by a stepfather. right now he is the youngest person ever in the city of jacksonville to be charged with murder as an adult. >> wearing inmate orange and handcuffs, 12-year-old christian fernandez is facing trial for intentionally killing his 2-year-old brother david. is he being prosecuted as an adult for first degree murder. >> yes, i have compassion for christian fernandez. but it's not my job to forgive. it's my job to follow the law. >> the grand jury found christian fernandez used premeditation to kill his brother by shoving him so hard into the book shelf twice that he fractured his skull and caused massive internal bleeding. cause of death, homicide by blunt force trauma. allegedly he has confessed but what's created international outrage and this online petition signed by nearly 200,000 people is that prosecutors won't treat him as a juvenile. meaning this 12-year-old boy could spend the rest of his life in prison. according to the fbi florida sends more children to adult children than any other state. nearly 400 in 2009. fernandez' attorney hopes a plea deal will keep this 12-year-old boy among other kids not convicted adults. >> juvenile courts were set up for juveniles kids are different. >> now it's possible but still allusive plea deal could send the juvenile to juvenile prison but monitoring after that. as for the mother she was in court in jacksonville today. the judge set a trial date for february 27th. charged with felony child abuse, aggravated manslaughter of a child. a doctor told police that had she not waited hours to rush her2-year-old who was unconscious to the hospital, instead, going there immediately, he may have survived. and there 12-year-old boy wouldn't be charged with murder. shep? >> shepard: phillive tonight in our south florida newsroom. phil, thanks. there is a new twist tonight in one of the most infamous and complex crimes of the past decade. the 2001 anthrax attack killed five people, infected 17 others. now a new report. in report raises questions about whether the fbi blamed the right suspect. as you may recall, it was just a few weeks after the attacks of 9/11 and the nation was still very much on edge. then letters containing a deadly poison anthrax turned up at the offices of two u.s. senators as well as several media outlets including the parent company of this network. in fact, it was in our building. the post office had to decontaminate facilities all over the nation. the feds investigated hundreds and hundreds of leads with potential suspects but no luck. eventually they focused on this man, a scientist at a by lage call in maryland. bruce ivins killed himself fbi concluded the dead guy did it. but now several scientists say the evidence may not be as strong as t

phil mcgraw and rosalind wiseman. phil, what kind of a grade would you give in terms of progress that's been made this year on the issue? >> well, i would give a real high grade as far as intention to both legislators and administrators and teachers. teachers are heroes. come on, these are people that work for very little money. they're very dedicated. but i would give us a very low grade for execution. i'm going to give us a low grade for what we've accomplished. i'll tell you, anderson, it's because we're going at this from the wrong point of view. we're dealing with this with -- with bullies as criminals. and they're -- and then their victims. we can't see them in that way. there's got to be intervention with both. it's not just continues kwat consequating it, they both need help. they both need social skills training. they both need things they can only get if we put it into the curriculum. it can't get into curriculum if we don't put money behind it and we don't make it just as much a part of the students' day as we do history and math and science. >> rosalind, what kind of grade would you give to educators, to schools? >> i would give to legislators and educators about a c minus for many of the reasons dr. phil spoke of. it's so punitive. it doesn't understand the complexities of the issue. we've got good people intending to do well who are reacting to anxiety and are not thinking through how this impacts the school. but what i do give an -- who i do give an "a" to are to the kids and the young people making videos and songs and music videos and all these different kinds of things that they're trying to express that's really authentic to their life experience, and they're sharing it with other people. >> i don't give the kids an "a." >> why not? are you disagreeing with me? >> i give the kids that do what you're saying, that get on youtube, those reaching out for their own experience. what i don't give an "a" to are the kids on that bus that sat there and watched that happen and they're just as guilty as the kid that was doing it. >> one of the amazing things, we conducted a study. we'll show you the results of the study throughout the hour. in more than 75% of the cases, i think it was, kid

phil, a private, personal, sad matter. handle it outside the realm of television and dr. phil. i don't understand that. just me. just me. >> well, a chilly morning here in the northeast after the first snowfall of the season. some higher elevations got more than half a foot of snow. and the albany area in new york was blanketed by up to 4 inches. commuters facing icy roads as overnight temperatures dip get this into the 20s. texas panhandle covered in white. a record 3 inches of snow came down in amarillo, texas yesterday. first october snowfall there since 1995. trees and power lines snapped. the snow will be melting today as temperatures head into the 50s. >> it is too early for all this. >> you are in new york, more accustomed to that. in texas? >> it's too soon. old man winter go away. give us a few more weeks. >> for the of off to day's forecast. thundersrms across the south. wet in new orleans, knoxville, atlanta, charleston. west virginia, showers in florida. and around lake michigan. light rain, pacific northwest. bitter cold morning. wind chills from maine to d.c. >> 49 in boston. 51, new york. 64, atl

phil matier reports, so have the officials issuing them. phil. >> reporter: that's right. it's an interesting phenomenon, elizabeth. we have city officials talking very tough and then doing very little. just listen to what san francisco mayor ed lee had to say yesterday and take a look behind us. >> we've stated very clearly that their first amendment rights just like they have been expressing it is going to be enforced and we through to happen. but at the same time, we have drawn lines. we've allowed -- said they can't camp overnight and we mean it. >> reporter: really?! well, a week ago this tent city at justin herman plaza was half this size and today organizers tell us even more tents are on the way. >> we have some 300 people already each night. i can see that doubling. i could see that tripling. >> reporter: while police, fire and health officials have been keeping an eye on things, they have been keeping distance as well as more and more tents keep popping up. >> we have had the fire marshal come out and inspect us every morning really positive responsive, sometimes constructive feedback. we have had the police chief here just this morning at 8 a.m. we have had the park district come out. >> reporter: the cops, however, have been told to hold off and not try to forcibly evict campers as they did two weeks ago. in part, we're told there's a concern a confrontation will bring more campers to the park. in san francisco, city hall was mum today. none of the officials we spoke with, whether rec and park, police, or the mayor's office was willing to go on camera saying only they were monitoring the situation daily and that the mayor was sticking by his position. >> can you bring all the propane tanks you have here over here? >> reporter: meanwhile, in oakland, fire inspectors started ordering the shutdown of cooking fires in that "occupy" protests. how long do they have to turn it off and get it out of here? > we're working on that right now. >> reporter: and it seems like both cities are working ton right now. but neither one of them has worked it out. off the camera, city officials basically say, they are trying to deal with it. they didn't expect it to get this big. now that it is, they are worried that if they make a move it will just get bigger. >> now, phil in oakland we're hearing a group has filed a petition to recall jean quan? what can you tell us about that. >> reporter: that's right. today about 71 people went down to city hall with signatures calling for a recall of jean quan. they say she hasn't done a good job with public safety or the economy. she just got in office a couple of months ago. it's not the best news she's getting. they have, however, a big job ahead of them because they need about 19,000-plus signatures in the next five to six months to qualify. so it's a long way to go. but with the other problems going on, both here in san francisco and in oakland, not great time to be going for re- election like they are in san francisco or facing recall in oakland. >> thank you, phil matier in san francisco. >>> meanwhile this protestors is take the "occupy san jose" protest to new heights. he perched himself on top of a three-story wall on city hall overnight and hasn't left. police were busy arresting four other protestors on

phil: take a delay of game. make sure you punt it so there's no return. out of bounds or in the end out of bounds or in the end zone. phil: it's pretty amazing though when you watch games against good teams, managing the game at the end, how important it is not to make even the slightest mistakes as a head coach. jim: brady warming up. and sepulveda after a brief official conference will be sending it down to wes welker. pittsburgh and new orleans, the

phil keating joins us live in miami with more on this story this morning. hey phil. >> reporter: hi martha. as alabama's tough new immigration law triggered massive protests last week, of course, based on arizona's controversial state immigration law wch allows cops, if they pull somebody over, to check their i.d. to make sure they're in the country legally if they suspect they're not, well, on the national federal front, u.s. border patrol agents have been doing this regardless of state law. >> whether it's the risk amtrak or the oncoming greyhound. >> we're doing immigration check. sue: this florida team of u.s. border patrol agents is more often than not waiting to find out who is on board and who shouldn't be. >> haley? do you have immigration document. sue: yes. >> can i see them please. >> these identification checks are a pub pub li -- publicized and every day action by the immigration laws. >> we question everyone, whether a u.s. citizen or a resident alien or illegal alien, you're going to be questioned. >> with the obama administration moving to selectively remove undocumented criminals or immigration fugitives, advocates say the random checks are misguided. >> these are the people we should be going after, the dangerous criminals, the people intend to go do us harms -- harm, not kids who would be eligible for residency if a bill like the dream act would pass. >> do you have your passport with you? >> until a formal policy change, these checks go on. >> the key is being present here and deterring something from happening. >> thank you very much, i appreciate it. >> all right. gregg: the -- >> reporter: the u.s. is on track to deport nearly 400,000 illegal residents this year, and since obama was elected in 2008, at that year, 31 percent of the deportees had criminal histories, today it's 50 percent, all done with prosecutorial discretion. martha. martha: interesting story. all right, philu very much. phil keating in florida. gregg: coming up, the story of one kicking home coming queen who got her crown just before booting a field goal! and winning the big game. >> ♪ >> ♪ she's a winner. >> ♪ >> ♪ >> ♪ martha: this is great story to finish off with a. prom queen who can pack a kick. imagine, kicking the game winning field goal on the same night that you are crowned prom queen, okay? it does not get better than this, folks! she could barely bieve it, this all happened on one night herself. >> i was up for a nomination, i never thought in a million years i'd actually win, but i ended up winning, and it was pretty exciting for me. martha: what an adorable person! >> gregg: beautiful! martha: 31-yard kick, not only clenched the game but was her personal best. makes me feel like a lazy bones in high school myself! i wasn't the he coming queen or kicking the field goal in the end! that's okay. gregg: good for

. >> reporter: and the that was phil matier report -- >> and that was phil matier reporting from san francisco. >>> the violent crackdown in oakland is making headlines coast to coast. but is "occupy"'s message lost in the fog of tear gas and rubber bullets? ann notarangelo has occupy walnut creek with that part of the story. >> reporter: they moved to a different location for protest. they came to the bart station hoping they would attract more people get more momentum from people off the trains. it didn't happen. they are going back to the original location next wednesday. but they are still attracting new people. they had a contingency of 30 nurses here today airing their grievances. there are a variety of voices like all the "occupy" movement. >> my passion is listen to what the people want. >> reporter: the "occupy" walnut creek protest is every wednesday starting at 4 p.m. until dark. they are not camp-out and they stay on the sidewalks. they say they do not want point fear with the lives of people are trying to get through the day. but they want to be heard. >> it affected a l

phil keating has a look at that live from miami, phil. >> reporter: good morning/afternoon, jon. the u.s. border control does this on an every day basis. the u.s. supreme court this upcoming session is expected to rule on the constitutionality of arizona's controversial immigration law which allows local stops to spot id check anyone they suspect of being in the country illegal leave. on the federal level this happens all the time. whether it's the arriving amtrak or the oncoming greyhound. >> u.s. border patrol we are doing immigration checks. >> reporter: this team of border patrol agents is more often than not waiting to find out who is on board and who shouldn't be. >> do you have immigration documents? >> yeah. >> can i see them, please? >> reporter: these dent my indication checks are a rarely publicized yet every day action by the u.s. border patrol enforcing immigration laws. >> we questioned everybody equally on that bus, everyone, whether you're a u.s. citizen, or a resident alien or an illegal alien. you're going to be questioned. >> reporter: the obama administration moving to selectively remove undocumented criminals or immigration fugitives advocates say these random checks are misguided. >> these are the people we should be going after, the dangerous criminals, the people who intend to do us harm, not folks like kids who, you know, would be eligible for residency if a bill like the d.r.e.a.m. act were to pass. >> do you have your passport with you? >> reporter: until a formal policy change these checks go on. >> the key is being present here and deterring something bad from happening. >> reporter: this year the obama administration is on track to deport a record 400,000 people caught in this country illegally. now half of them this year have criminal histories compared to just 31% with criminal histories the year president obama took office. jon. jon: philmi. thanks, phil. jenna: new details about the man who tried to assassinate president ronald reagan. john hinkley jr. is in a mental hospital, the same hospital he's been in for 30 years. that could not change. we'll tell you straight ahead. any time now we could find out if amanda knox will go free. she is appealing her murder conviction in italy and the court has a number of option tph-s this case. our legal team weighs in next. jon: right now, new information on some crime stories we're keeping an eye on. jerod laughner's defense lawyer is asking an appeals court to keep him from being returned to a missouri prison. the court ruled that he be transported to the prison to resume psychiatric treatment. the final trial tied to the investigation of former illinois governor rod blagojevich is getting underway. william cellini is accused of shaking down someone for a donation nor blago. john hinkley has been at a mental facility for 30 years. the facility wants the authority to decide whe

phil davis started three businesses. his most recent, his restaurant phil the fire. jen is a serial entrepreneur. she's launched three businesses and the author of "what if and why not." alfred is the editor at large. great to have all of you. >> thank you for having me. >> philyou kind of reopened your first business. you saw a failure and you think that's what makes you a success? correct? >> yes. i had to reinvent myself in the process. i had to distinguish between defeat and failure between emotions and passion, in between who i am and what i did. through that process, i brought phil the fire back stronger and better and do things right when i take a bite at the apple. >> this idea of distinguishing about emotions and passions. that's the only way to learn, right? your book, "what if and why not" tells people to go after it. >> knowing when the timing is right and the circumstances are examples right now. sometimes the timing is not right. you have to step back out of your emotions, reflect what worked, why it worked, what wasn't working and re-evaluating and reinventing yourself. being an entrepreneur is about being a person willing to evolve. reinventing yourself. >> michael diamond, what i love about this piece, he's a true entrepreneur. he can't imagi

phil. >> reporter: i had yet to meet phil bachelor in person. >> i'll see you tomorrow morning. >> reporter: but the voice mail he left the night before our interview told me a couple of things. >> take the elevator up to the third floor. >> reporter: one, that he called personally, showed he's not the kind to need his staff to do everything for him. >> the door will be unlocked. >> reporter: and two, that i was to basically let myself into city hall, showed there wasn't much staff left anyway these days. >> i've never been in an organization that has had such meager resources. are you available to do that? >> reporter: for the past year philhelor has been vallejo's interim city manager. a career public administrator, most of it spent working in the east bay, bachelor had earned a reputation as something of a turnaround specialist. >> have we heard anything more -- >> reporter: and those technically retired for the past decade, cities in trouble just keep calling, keep asking for his help. after his last job, though, he was finally ready to call it quits. >> i had been doing this, you know, a lot. i was away from my family a lot, and i thought i think i'd like to stay home. >> reporter: bachelor was so sure he was done that when vallejo, a city in such bad shape that had declared bankruptcy called. he said no, but they asked again and again. >> how many times? >> i don't remember. >> reporter: enough times that bachelor finally said yes. he'd work with them for one year. but while the city counselor understood that in batchelor they were might not understand everything they were getting into. it became very clear that befo

phil sits down exclusively with tonya today and tomorrow on his show. don't miss dr. phil here on wjz 13. >>> self proclaimed super hero is under arrest he calls himself phoenix jones. when he pepper sprayed four people police arrested him on four counts of assault. they confiscated his black and yellow custom made suits. >> jones says he uses pepper spray to break up a fight and in self defense, those sprayed say they weren't fighting, they were dancing. >> still ahead on wjz eye witness news at noon, a slightly overcast sky outside. things maybe a little worse later on. your complete weather forecast is 2 and a half minutes away. let's look at the midday storks to be followed by last night's multi-match numbers. ,, medicare. it doesn't cover everything. and what it doesn't cover can cost you some money. that's why you should consider an aarp... medicare supplement insurance plan... insured by unitedhealthcare insurance company. all medicare supplement insurance plans can help pay... some of what medicare doesn't, so you could save... thousands of dollars in out-of-pocket expenses. call now for this free information kit and medicare guide. if you're turning 65 or you're already on medicare... you should know about this card -- it's the only one of its kind endorsed by aarp; see if it's right for you. all medicare supplement plans let you keep your own doctor, or hospital that accepts medicare. there are no networks and no referrals needed. help protect yourself from some of what medicare doesn't pay... and save up to thousands of dollars in potential... out-of-pocket expenses with an aarp... medicare supplement insurance plan... insured by unitedhealthcare insurance company. call this toll-free number on your screen now... for this free information kit, including this... medicare guide and customized rate quote. welcome back. clouds already in place as you can see. that haze is going to get thicker and the clouds are going to lower and eventually give way to rain. see in to other parts of the state ax few showers making their way in. that's going to pick up through the next 24 hours. the clouds thickening up. just down to the south, here are the first signs of storms coming our way. temperature wiseist still pretty warm outside. 70 waltmore. 70 dc. in to the 70s this afternoon. above average, then the temperatures will come down as this rain moves in tomorrow. the rain although we will see a few showers later today and the rain will pick up tonight. rounds of heavy rain are possible storm as the center of it passes by. this is tropical moisture from florida and around the caribbean. this will move to the northeast, leaving us on thursday. after it passes through thereabouts are areas still having problems from the rain we've had recently that could see issues. when that gets out of here thursday, look at this one off to the west, that's coming our way. it's going to follow quickly, a chance for a few showers on friday and cooler air as we start out the weekend. the forecast looks like this, for today, going up to 75 degrees for the high. few showers today. rain and drizzle tonight and fog forming out there. tomorrow, though, the rain will pick up and it could be heavy at times. going to keep news the 60s for our highs. then this is out of here but another follows and those numbers detailed in the five day forecast, running festival is this weekend. a lot of people whether the marathon, half marathon and the 5k are interested. we will have the five day. >> race for the cure sunday. >>> ravens back in the practice field getting ready to host the texians and only place to see the game at 4:00 is here on wjz13. still to come on wjz 13 at noon, chocolate lovers rejoice, hear why you should indulge. >>> here are the stories we are following on our website. for updates of the news, and the first warning weather forecast, go to wjz.com. ,,,,,,, >>> in health watch, hope for leukemia patients, combining two drugs significantly prolongs the lives of patients. the treatment is convenient and three days a month compared to three times a week for up to 12 weeks. another study says middle-aged women with restless leg syndrome are more likely to develop blood pressure. women with up to 14 episodes a month have a 26% chance of elevating blood pressure. that increases with the higher number of episodes, a swedish study says women who eat two chocolate bars a week are 20% less likely to have a stroke. it's the flavonoids found in cocoa. chocolate should be eaten in moderation and dark chocolate is always your best choice. >>> check with n with wjz 13 eye witness news at 4:00, 5:00 and 6:00. a hopkins grad student who worked at a athletic shop was murdered. a co-worker did it. >>> a bicyclist gets hammered by an antelope. see what happens next. join us at 4:00 after dr. phil the five day forecast taking us through the weekend is coming up. copd makes it hard to breathe, so i wasn't playing much of a role in my own life, but with advair, i'm breathing better so now i can take the lead on a science adventure. advair is clinically proven to help significantly improve lung function. unlike most copd medications, advair contains both an anti-inflammatory and a long-acting bronchodilator, working together to help improve your lung function all day. advair won't replace fast-acting inhalers for sudden symptoms and should not be used more than twice a day. people with copd taking advair may have a higher chance of pneumonia. advair may increase your risk of osteoporosis and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking advair. if you're still having difficulty breathing, take the lead. ask your doctor if including advair could help improve your lung function. get your first full prescription free and save o

phil show." in a statement, dr. phil and his team said, we endorse the family's effort to search for closure to this terrible tragedy. the results will reportedly be released in november, during television's sweeps season. and the zahau family says they raised donations for the next step. some of the donations came from "the dr. philhow." >>> let's get some weather from sam. >> we're going to start with pictures out of the denver area. it wasn't just an early snow. it wasn't just a lot of snow. it's the worst possible way to get the snow. and down come the trees on top of power lines, cars. 140,000 people in northern colorado without power, from yesterday's snow. and that's a big shot of cold air that comes in behind it. it goes all the way down south. look at jacksonville, florida, from 82 today to 68 on saturday. and that front keeps going. the connection between that denver snow and the hurricane off the coast of mexico, is that cold front because that's what's going to be steering rina, as it makes it to the tip of the gulf there. rina will wander around, having a connection with the yucatan. wanders, weakens and stays in place, probably throughout the weekend. giving a lot of rain to cuba and the yucatan peninsula. 54 in dallas. atlanta gets up to 75 degrees. in the new england area, that's light snow. it's g

phil matier reports, we have seen this battle of wills before. phil. >>> reporter: it was called camp agnos back in the 1990s and i think it made a mark or ed lay and may explain why you're not seeing this in san francisco. >> reporter: in san francisco, mayor ed lee drew the line early saying that while he endorsed the goals of the demonstration -- >> we stand with you. >> reporter: he was not going to let them set up camps in city parks. an he used the police to enforce that ban. but here in oakland, where the mayor marched with protestors saturday, and where a tent city has sprung up directly in front of city hall, it's a different story altogether. >> day to day we evaluate it day to day. we're not facilitating camping. we are trying to make sure people have their free speech rights. it is obviously a balance. it's obviously a balance to do those things. >> reporter: so far, however, the city appears willing to allow the demonstrators to set the bar on that balance. for while the city has been issuing guidelines daily it's been pretty much up to the demonstrators over which ones they are going to tomorrow. -- over which ones they are going to follow. campers are staying off sidewalks but they have do have dogs and they have set up kitchens against health and park rules. most blatantly, some of them have moved into a second park in open defiance of the city. there have also been reports of drug use and intimidation of people seen as being part of the corporate media or covering the camp. >> i haven't seen that. and you know, i think you have bad people in any particular group. >> reporter: one reason for the two mayors' different approaches may be rooted in san francisco's camp agnos. a homeless camp sprung up when former mayor art agnos unable to come up with enough shelters allowed the homeless to set up camps temporarily outside city hall. they wound up staying well over a year. as this political consultant recalled -- >> after a while it began to symbolize a city out of control. >> reporter: it's interesting to note that now mayor ed lee was then working as an aide in mayor art agnos' shop. so he has firsthand experience with how something like this can wind up costing. as a matter of fact, a lot of people think it's in effect cost art agnos his mayor's office because he couldn't control what was going on in camp agnos. as for jean quan she isn't sure what she is going to do here. big question is in the next couple of days, how this demonstration camp goes. does it stay orderly or does slide into something that turns into both a health and safety threat and leaves her no choice if you would but to call in the cops. >> thank you, phil matier in oakland. >>> one of the key activists behind egypt's uprising earlier this year is now giving advice to the "occupy wall street" movement in new york. he used facebook and twitter to galvanize the nation against president hosni mubarak. now he is corresponding with "occupy wall streeters." protestors are finding out how to organize and how to be nonviolent with police. >>> 20 years ago tomorrow, a massive firestorm tore through the oakland and berkeley hills destroying 3,000 homes, killing 25 people. and while many represent what happened that day, few remember -- and while many remember what happened that day, few remember how it started the day before. it was originally a 5-acre fire. christin ayers reports. >> reporter: got both sides of this story today. as you said, 25 dead, 3,000 homes destroyed. numbers that we all remember. we don't necessarily remember how it all started with a small seemingly insignificant grassfire on the eve of the oakland hills firestorm. >> got

phil coming up, next. @p@po' >> announcer: today on an all-new "dr. phil" -- is this video racist? >> i don't want to turn black. >> announcer: the dad doesn't think so. >> dr. philink that'sl

phil keating live in miami with details. phil? >> reporter: hi, jon, on any given year according to fbi statistics average 68 juveniles commit homicide. most of those treated and dealt with in the juvenile civil. every now and then it makes the news and we hear about it where a very young boy is charged as an adult. in this case cristian fernandez there are a lot of questions whether he intentionally truly tried to kill his 2-year-old brother or whether it was kids roughhousing and a horrible accident happened. a lot of questions about the mother's actions. as it stands right now this 12-year-old boy who weighs 140 pound is standing as the person charged with first-degree murder as an adult, making history as the youngest ever in jacksonville, florida. wearing inmate orange and handcuffs, 12-year-old cristian fernandez is facing trial for intentionally killing his 2-year-old brother, david and he is being prosecuted as an adult for first-degree murder. >> yes, i have compassion for cristian fernandez but it is not my job to forgive. it is my job to follow the law. >> reporter: the grand jury found cristian fernandez used premeditation on his brother shoving him so hard in the bookshelf twice that he caused a massive bleeding. the charge, homicide by blunt force trauma. allegedly he confessed. what created this international outrage and online petition signed by 200,000 people that prosecutors won't treat him as a juvenile. meaning this 12-year-old boy could spend the rest of his life in prison. according to the fbi, florida sends more children to adult prison than any other state, nearly 400 in 2009. fernandez's attorney hope as plea deal will keep this 12-year-old boy among other kids not convicted adults. >> juvenile courts were set up for juveniles. kids are different. >> reporter: negotiations have been ongoing for months now between the prosecutor and the defense team to possibly work out a plea deal which would keep fernandez in the juvenile system until he was 21. then have extensive monitoring to make sure he was not still a danger to society after that. but, those talks are not guaranteed. no trial date set for him. but his mother, she is 25 years old, she was in court yesterday. she now has a february 27th trial date. she is charged with felony child abuse and aggravated manslaughter of a child. detectives believe her laptop really works against her here. showing for several hours she searched around the internet before finally taking her 2-year-old to the hospital. a doctor there told cops he may have survived had he been taken there immediately. then of course, the 2-year-old wouldn't be dead and her 12-year-old would not be charged as an adult with murder. tragic story, jon. jon: that is the saddest part to hear. philami, thanks. jenna: well early cancer screening, survivors say it really saved their lives. some experts though are now recommending we do less of it. we'll explain why. plus new developments in a horrific stage collapse in indiana this summer. more on that in just a moment. >> hey, everyone i'm megyn kelly. police and dogs are at the hole of baby lisa irwin now searching the grounds and a shed. why now? and what are they after? the man who has spent more time with lisa's parents than anyone since this whole thing began, bill stanton, joins me live on the set to react. mitt romney and rick perry going at it in last night's debate. today perry's folks are calling romney pet you lant. romney camp calling perry desperate. both camps are here. searching for released exotic animals and others. they brought in jack hanna to help. he is here live with thes rest. a congressman suggests that women will be raped if the president's jobs bill is not passed. has he gone too far. jenna: we'll start

phil klein was elected kansas attorney general in 2002. elected to be the top law enforcement official in that state on a largely antiabortion platform. phil klein delivered. at least he delivered on the antiabortion part if not the law enforcement part. we reported on show in the past, phillein turned the power and resources of the kansas state general office on to a crusade against planned parenthood and more pointedly against abortion provider george tiller. >> now, any of you heard of george tiller? george tiller performs late term abortions. >> another example in kansas is george tiller. abortionist george tiller. >> i want to tell you who does not endorse attorney general klein. abortionist dr. george tiller does not endorse phil klein. >> as kansas general, he used the power of his office to get ahold of medical records from patients of dr. tiller in an effort that seemed like he was trying to find something damning enough to use against the doctor. in november 2006 days before phil klein's unsuccessful re-election bid as attorney general, he appeared on bill o'reilly's tv show on fox news channel. bill o'reilly had somehow obtained private medical information about abortions performed by dr. tiller, the same klein was investigating. o'reilly said he had a source i

. >> later this week, my colleague phil elliot is running in the marine corps marathon. >> wow, the transformation of philble. my shameless plug, i'm going to my home state tomorrow to moderate a debate on the referendum on collective bargaining. that's it for this edition of the "the daily rundown." and don't miss "andrea mitchell reports." >>> your business travel forecast. cold front through the great lakes and showers moving into new england as we go throughout the afternoon and evening hours. the forecast not bad. partly cloudy skies, not too warm, not too cold on the east coast. typical fall weather. and in the west, enjoy denver while it lasts, 79 to see and snow tomorrow. capital one's new cash rewards card gives you a 50% annual bonus! so you earn 50% more cash. according to research, everybody likes more cash. well, almost everybody... ♪ would you like 50% more cash? no! but it's more money. [ male announcer ] the new capital one cash rewards card. the card for people who want 50% more cash. what's in your wallet? woah! [ giggles ] woah! you want to save money on car insurance? no problem. you w

phil and we will see you tomorrow morning. >> mark: have a good day. ♪ >> announcer: today on an all-new "dr. phil" -- >> lizzie had her bat mitzvah. it was close to a million dollars. >> dr. philparty for a 13-year-