if you walk the streets with hank bauer, he is a celebrity. people are hanging out their windows, do you need an umbrella? he is that type of guy. i told him i was writing a book called "ordinary in justice," and you are one of the main characters, and he would pick up the phone, and i could hear him smiling, because in his heart of hearts -- he has been kicked off the bench by the new york state judicial commission, but he drew the things he has done nothing wrong, -- he truly it sinks he has done nothing wrong, and when they told him -- he truly thinks he has done nothing wrong. when they told him he did things like not reading people their rights, not assigning an attorney, and pleading someone guilty without him even being in the room -- he looked at the charges commo, and he said, very serious. how does the have the reflection of himself as a good judge? everyone in his community thinks he is a good judge and what happened to hank bauer is a grossness justice, but at the same times, he gave a $25,000 bail to a man who was riding his bike

we'll ask gary bauer about all of this next.ompare rates side by side, so you get the same coverage, often for less. wow! that is huge! [ disco playing ] and this is to remind you that you could save hundreds! yeah, that'll certainly stick with me. we'll take it. go, big money! i mean, go. it's your break, honey. same coverage, more savings. now, that's progressive. call or click today. imagination and reality have merged. because of one word, a new generation-- a fifth generation-- of fighter aircraft has been born. because of one word, america's air dominance for the next forty years is assured. that one word... is how. >>> joining me now, conservative activist and former presidential candidate gary bauer. >> my pleasure to be here. >> you've spent a lifetime on the social issues, values voterish use. >> right. ? that has been to me noticeably absent in this particular campaign. and i want to read you a couple of things that two republicans have said because it's republicans who seem to be much more focussed elsewhere. and the

shane bauer and josh fattal have been been held in an iranian jail for more than a year now. their trial will take place november 6th, most likely behind closed doors. a u.s. document released by wikileaks friday say iranians crossed over into iraq to arrest them. >>> hundreds of mosques and islamic groups invited non- muslims to visit centers in hopes of yelling the anger about plans to open an islamic community center near ground- zero. the event dubbed "a week of dialogue" began last weekend and ended today. >> 9-11 the planes were hijacked and the religion was hijacked and we want to build close to there so people know muslims are mainstream americans. >> mosques are always open to public, but organizers say the project was organized to encourage non-muslims to walk

her fiance, shane bauer, and friend, josh fattal, remain in a prison in tehran. they are charged with spying and illegal entry. >>> it was announced this morning that a 17-year-old boy was under arrest in connection with a shoot -- with the shooting death of a storeowner. he robbed the store and shot the clerk. this was caught on video. investigators believe the teen was also cell phoned in a -- involved in another incident at a 98-cent store. >>> investigators are looking into the fire that sent a father and his two daughters to the hospital that happened near the cal state east bay campus on delmar. one of the girls was seriously hurt and is in critical condition. her father and 8-year-old sister were also taken to the hospital but for less serious

bauer's mother said they have fewer details.e accused of illegally crossing into iran and spying. >>> construction on a portion of the new bay bridge has been spending going on mostly out of sight but that will soon change. claudine wong tells us what commuters can expect to see as soon as tomorrow. >> reporter: construction on the new bay bridge for the most part has moved pretty steady. tomorrow morning, that changes. >> tomorrow. wednesday morning, around 4:00 we'll start mobilizing crews for a very long operation. >> reporter: the engineering portion of this project is pretty impressive. four sections of the bay bridge tower will be lifted in place starting form in a place that should stretch over the weekend. each section weighs 617 tons, or 1.2 million pounds, and stands over 107 feet tall. each piece will be erected as part of the suspension spans, single, 520-foot tall tower. this is just one more portion of the construction. but this happens to be happening in large part at the drivers passing by on the bay bridge. >> o

bauer.u take any responsibility at all for, for instance, what happened -- >> are you serious? absolutely not. i have never encouraged violence. i condemn violence. >> you don't think the rhetoric sort of lays the groundwork for others who might feel -- no, i'm asking you. >> i'm answering you. do you think the rhetoric in mosques have anything to do with jewish graves being desecrated, with jews being beaten in the streets of europe, with synagogues being fire-bombed? >> no, please, don't say something because i want to say something. i remember after 9/11, president bush at that time went to the mosque with muslims. president obama has been what he has said about islam and that is the whole point about america, isn't it? the best weapon we in america have against that kind of terrorist mentality is not to become like them. >> what happened to your mosque. nobody should go around vandal lyzing anything but there's another thing. why are americans suspicious of these good people? there's als

. >> unlike judge our common and the judges in dept. 43 j judge bauer -- unlike judge bauer common the judges in department 43 are borden. there is no one to make objections or advocate for the people who go to these courtrooms, because they have never had them there. there is no lawyers, so what happens is i go into the courtroom, and i hide behind a broad-shouldered deputy so the judge does not recognize me, and i listen and watch. the judge comes in, and everybody rises, and the judge goes through the speech she gives to the defendants who have been waiting all weekend in many cases to get out because they are there for public intoxication or failure to appear for a warrant, so they have been picked up on the weekend. i will exaggerate. she comes up and goes, you are here charge, and you have the right to go to counsel. i will do the deal for you right now, and if you want a public defender, you can get a public defender. let's go. then what happened is a long line of guilties. guilty, guilty, guilty -- incontinent -- not guilty. no continent. guilty, guilty, guilty. i am an amateur

but the fate of fattal and bauer is still up in the air.ith a trial for espionage still looming. >>> a devastating blow for the university of rutgers community today. defensive tackle eric legrand is temporarily paralyzed from the neck down. surgeons have stabilized his spine but say it's too early to tell if the paralysis will be permanent. >>> tonight on "monday night football" men. tennessee at jacksonville. >> as for yesterday's nfl highlighted and phillies and giants series, let's take a look at that from espn news. >>> good morning, i'm don belle with the espn news update. we start with playoff baseball. south philadelphia we go. game two of the nlcs, top of the fifth inning, codey ross going deep. third big fly of the nlcs game tied at 1-1. and the pitcher, he scores, phillies lead 3-1. later in the inning, jimmy rollins. j-roll, he drove in four. the phillies win it 6-1, the series heading back to san francisco. >>> to the nfl, vikings hosting the cowboys, randy moss making his return to the metrodome. beginning of the third quarter

>>bauer: i'm in semi-conductors for the last 25 years and all these years i haven't experienced such a steep downturn as this one. we were down in some businesses on a quarterly basis 50% as compared to the previous year. all in all the year 2009, was 22% down. >>reporter: infineon's share price tumbled from well over 4 euros to just 40 euro cents. to regain the confidence of the capital markets, the company took drastic action ... cutting costs by 600 million euros, firing 15% of its staff, and selling off non-core businesses. now in 2010, that forced restructuring is paying off. >>bauer: with 50% growth this year, outperforming the 30% growth of the semi-conductor market and with a verybig turnaround in profitability from making losses to making decent double digit operating income and having a good balance sheet. >>reporter: with 40% of its revenues coming from asia, infineon has benefitted from a pick up in asian markets. business has also been boosted at home where german car manufacturers are restocking their inventories to meet renewed demand for vehicles. >>robertson: we are

shane bauer and josh fatal will go on trial november 6th. the two men have been imprisoned in iran since july 2009, when arrested for crossing the border from iraq into iran. they're accused of espionage. bauer's fiance was released by iran september 14th and since returned to the u.s. >>> one of the undercover russian spies deported from the u.s. this summer is definitely not under cover anymore. anna chapman had nothing to hide when she recently posed for a men's magazine. monday she received an award from the russian president for her service. chapman and nine others admitted their guilt before they were exchanged for four russians accused of espionage. >>> on money watch, stocks in asia mostly headed south this morning. ashley morrison is here with much more on that. good morning to you. >> good morning to you, betty asian markets saw profit taking after china's surprise move to hike interest rates. japan's nikkei lost more than 1.5%, while hong kong's hang seng was also lower. today, wall street gets more corporate earnings with delta a

shourd says the document speaks about how key it is to learn about other countries. >> shane bauer, joshh fattal are all -- all learned. >> shourd will also be part of the november 6th trial but will be tried in absentia. >>> stay with us. ktvu channel 2 news at 6:00 is next. >>> hundreds are without power in the bay area tonight and today's issues on top of yesterday's problems. >>> a live look outside the fairmont hotel, the first lady will be speaking. we'll have more. >>> and the hospital worker killed. what investigators are saying about witnesses. >>> good evening, everyone. i'm frank somerville. >> i'm julie haener. >> we have new information about a concord woman who authorities say was kill evidencer the weekend -- killed over the weekend by a criminally insane patient. today the victim's brother spoke with ktvu as new details about the suspect emerged. jim vargas joins us in napa with the latest. >> reporter: julie, we're learning now there were no actual eyewitnesses

>> well, we're going to get to the root of that question along with some other questions that joy bauer has answers to as well as keeping off the freshman 15 and getting enough calcium in our diet. that's all coming up in our diet s.o.s. as matt alluded to, it's getting a little steamy on the plaza. i think you've got the vapors. >> the 61 hottest bachelors, one from every state and the district of columbia and we're going to introduce you to them coming up. >> cool, lots to get to. let's go inside to ann curry, she's got the headlines. >>> in chile, just hours now until freedom, perhaps. rescuers hope to begin pulling up all 33 miners to safety as early as tonight. we have got natalee morales who's at the mine in cope chile. >> reporter: there's a lot of nerves not only by the rescuers but by their families as well. all things appear to be go, they put all the final tests in before this most important run. the two alternating capsules were tested yesterday. they got within about 40 feet of the miners yesterday. they didn't let it go all the way down because the mining ministers didn't

for the american hikers, josh fattal and shane bauer, their freedom is moving further away. iranian officials confirmed to abc news that they will likely face trial extending their detention here in iran by at least months. bianna? unfortunately that plight does continue for toes two, but some good news for that man from california. we'll check on the other headlines. ron claiborne. >> dan had a tie on earlier. i told him it was ugly and he ripped it off in a fury. >> well, you're the fashion man. >> i take your advice on those issues. >> good morning, dan and bianna. good morning, everyone. >>> we begin in chile where most of the rescued miners spent their day at home. two of them are still hospitalized, but one has already gone back to visit the san jose mine and more from abc's neal karlinsky. >> reporter: jose henriquez was the 24th man rescued from the mine but the very first to come back and says he came back to see where his family spent so much time waiting for him. "it is a joy to be free," he says. "i'm so happy. i can thank the lord that i'm with my family again."

the president said the united states will do all it could to win freedom for shane bauer and josh fattal. >>> what used to be called the nummi plant in fremont officially bottoms the tesla auto plant today. the interest car maker will build model s sedans there. it hopes to hire 1,000 more in the next 18 months. >>> tomorrow, meg whitman and jerry brown meet for their second debate in the governor's race. the debate at fresno state university will be the first gubernatorial debate ever broadcast in spanish. >>> well this could be a big day for the giants and all the giants fans. the team only needs one win to lock up their first playoff appearance since 2003. ktvu's kraig debro joins us from outside of at&t park. >> of course they play the san diego padres, the team you're familiar with. since 1958, the year the giants moved here, they've only been in the playoff six times. they've never won a world series. the giants have a chance to clench their 7th playoff appearance in 52 years and take themselves off a sleeking list of major league baseball teams that haven't won a world series in m

>>bauer: i'm in semi-conductors for the last 25 years and all these years i haven't experienced such a steep downturn as this one. we were down in some businesses on a quarterly basis 50% as compared to the previous year. all in all the year 2009, was 22% down. >>reporter: infineon's share price tumbled from well over 4 euros to just 40 euro cents. to regain the confidence of the capital markets, the company took drastic action ... cutting costs by 600 million euros, firing 15% of its staff, and selling off non-core businesses. now in 2010, that forced restructuring is paying off. >>bauer: with 50% growth this year, outperforming the 30% growth of the semi-conductor market and with a verybig turnaround in profitability from making losses to making decent double digit operating income and having a good balance sheet. >>reporter: with 40% of its revenues coming from asia, infineon has benefitted from a pick up in asian markets. business has also been boosted at home where german car manufacturers are restocking their inventories to meet renewed demand for vehicles. >>robertson: we are

her fiance shane bauer and best friend josh fattal are still being held. >> i'm not free.an't go on with my life. my life will not resume until shane and josh are with me. my only -- the only point of my existence is to speak for them, to be here for them. >> it's time for them to come home. time for them to be free. time for them to stop suffering unnecessarily. >> the three graduates were arrested and accused of spying while hiking along the iraq/iran border in july 2009. she was suddenly released after spending 14 months in solitaire confinement for what the iranian government calls humanitarian reasons. but they called her release purely political. >> these people are being held simply for political purposes. they will be released either when the regimen gets something it wants or can score a political point it wants. >> he does think letter-writing campaigns like this one where friends and family are writing person notes to bauer and fatal will help security their freedom. the more people that get involved, he says, the better. the doctor says the campaign needs to go

sarah shourd along with shane bauer and josh fattal were taken into custody near the iran/iraq borderthey were accused of illegally crossing the border and spying. shourd continues to deny the allegations and says they were just on vacation, hiking through a rack's northern kurdistan region. shourd says she doesn't know when life will be normal again, she spends her days on the phone and computer doing what she can to be a voice for shane and josh. she went rest until they are released. >> when i used to sit outside with shane and josh in the courtyard they would ask me to sing for them. they would tell me, sing louder, we want to hear you. we want you to sing as loud as can you possibly sing. and that voice is still echoing in my mind, shane and josh asking me to speak louder, to shout out, cry out for them and cry out for their freedom. >> at an oakland home today, friends and family gathered to write letters to shane and josh, while their mothers keep sending them care packages. they can't be sure they are receiving them. it doesn't matter, they will continue to write and are keepi

shane bauer and josh petall. they were hiking when iran says the three went over the border and were arrested and imprisoned as spies. >> coming out of prison i'm shocked and dismayed in ways that there could still be questions in iran and around the world about who we are, about what we were doing in northern iraq. >> speaking in berkley today she said they had done nothing wrong, had come to the middle east because of their passion for peace. >> we were forced apart for the first time and we clung to each other. we screamed because we didn't want to be separated. we were separated and we were thrown in different cells. all of us were alone for the next month. >> reporter: in prison they learned to stay connected she says even when they couldn't see one another. it sustains them even now. >> i can see them in their small cell with very little sunlight. they get out only once a day for an hour into a court-yard. i can see how small and how trapped they are and i know how they feel. >> reporter: in prison when she

cynthia bauers tonight is following the money. >> i hope you will stand with me and vote for me on november 2. >> reporter: florida democrat suzanne kosmas is running for a second term in congress but none of the ads running against her on orlando tv stations are paid for by her opponent, sandy adams. instead, independent groups with conservative leanings, such as the business-backed u.s. chamber of commerce, have spent more than a million dollars on advertisement depicting cosmoss as a liberal tool of nancy pelosi. >> i was in fact ranked one of the 10 most moderate members of the u.s. house of representatives. >> reporter: central florida is typical of the unprecedented spending by outside groups this campaign year. on track to total $500 million. >> it's very clear that the conservative groups have the upper hand by more than two to one margin. >> reporter: democrats do have three big-spending unions on their side with an $88 million campaign budget, afscme tops all independent spenders with ads such as this one, targeting sharon angle, the challenger to senate majority leader harry reid

shane bauer and josh fattal are imprisoned in iran. they have been there since their arrest july of last year. they released sarah shourd on bond just last month. iran says the hikers crossed their border illegally. under iranes islamic law espionage can be punished by execution. secretary of state hillary clinton says there is no basis for the trial. >>> two teens accused of setting a san jose school on fire will be in court today. 16-year-old lazarus ravelias and 17-year-old cleford dwayne are expected to have pleas. the fire caused $10 million in damage. prosecutors charged them as adults and are being held without bail. they could face life in prison. >>> two masked men accused in a takeover robbery in the east bay are still on the loose, however we do have a better idea of what they look like. some good pictures taken from a surveillance camera. they do have masks and hoods on but concord police say the men were armed with a shotgun and pistol. they burst into two restaurants ordering employees to the ground. they allegedly took m

uc berkeley graduate sarah shourd, bauer and fatal were in jail.eak documents appear to show their claims of innocence, but it may have no affect on winning their released. patrick hatcher is a professor of international security policy. >> no, i don't think it will convince the international court of justice. . >> wikileaks just released 400,000 pages of pentagon documents. the government believes army intelligence officer brad manning is the source. he has been in a military detention facility since the first wikileaks released three months ago. this batch of classified papers puts the toll far higher than the u.s. acknowledged before. more than 100,000 between 2004 and 2009. 15,000 more than the u.s. reported. and far greater than afghanistan. >> so we are talking about a five times greater kill rate in iraq. it is really comparative blood bath. >> and there is graphic detail about a military torture of detainees. the pentagon is worried the leak reveals accepts tiff secrets, but hatcher believes the only damage is political with american voters

shane bauer and josh fatle have been held for more than a year, accused of spying after straying across the boarder from iraq. and a third hiker, sara shourd was freed as a humanitarian gesture last month. the minister said she would have to return to iran to face trial as well. observers are saying this latest statement may indicate divisions within iran's government about how to handle the whole situation. >>> checking headlines arn the bay area, firefighters -- around the bay area, firefighters discovered a boty after responding to a -- a body after responding to a house fire in san pab lose. the fire was reported just after 2:00 in the morning. when fire crews got there, they found what appeared to be an unconscious man inside the single story home. then they later determined that he was dead. it is unclear what killed him. san pablo police are investigating. >>> the red cross is helping 26 people displaced by a suspicious fire in san francisco. it broke out yesterday morning at this apartment building in the tenderloin. the red cross is providing food, shelter, counseling. and nobo

iran is still holding shane bauer and josh fataae. they initially believed the americans were kidnapped and taken to the iran border. military officials sent a drone aircraft to look for the hikers and alerted two f-16 jet fighters. >> president obama continued his trip on the west coast with a campaign stop on the campus of the university of southern, california. the president is campaigning for democratic candidates including senator barbara boxer. boxer faces a tough challenge from carly fiorina who today added a million dollars from her personal fortune to try to unseat the incumbent. president obama wants to make sure that democrats maintain the majority in the senate. >> we need all of you fired up. we need all of you ready to go because in just 11 days, in just 11 days you have the chance to set the direction of this state and of this country. >> and jerry brown who is running for governor was also at the rally. >>> meantime, meg whitman visited a company in silicon valley today. she toured the company zazzle with new york mayo

sean bauer's mother said her son and joshua fattal will stand trial november 6th. they were arrested on spying charges back in july last year, along with sarah shourd. the families don't plan to travel to iran for the proceedings because they don't want to be a distraction. >>> some gay activists plan to test the pentagon's announcement by sending gay people to enlist at recruiting stations. the pentagon says recruiters will warn potential recruits that the "don't ask, don't tell" policy could be reinstated at a later time. last week a judge struck down that law, but the obama administration has filed an appeal. troops say some gay service members have reportedly told their peers about their sexual orientation but are hiding it from leadership. >>> researchers have long known about a link between breast cancer and hormone replacement therapy. but now doctors say the risks may be more serious than first thought. nbc bay area's garvin thomas has more. >> reporter: a large study of the hormone replacement therapy for post-menopausal women, researchers found it increas

. >> reporter: shane bauer, her fiance and her friend josh petall. they were hiking along the iraq border when iran says they went over the border and were arrested as spies. >> coming out of prison i'm shock and dismayed in some ways that there could still be questions in iran and around the world about who we are. about what we were doing in northern iraq. >> reporter: speaking in berkeley today she says the three did nothing wrong, broke no laws and had come to the middle east because of their passion for justice and peace. she told of being taken to prison in tehran. >> we were forced apart for the first time and we clung to each other. we linked arms and we held each other and we screamed because we didn't want to be separated. we were separated and we were thrown in different cells, all of us alone for the next month. >> reporter: in prison they learned to stay connected she says even when they couldn't see one another. she says the connection sustains the three of them even now. >> i can see them in their small cell with very little sunlight.

cars left erat to be towed out 679 susan bauer's car is high and dry in a nearby lot where it will stay for a while. >> thankfully i don't need to go anywhere tonight or tomorrow or any time before the weekend. >> she will walk to work but she will need hip waders if she wants to cross the treat street. >> hopefully the watery cedes. >> they are calling on them to use common sense. at a news conference this evening the mayor had a message specifically for people who live and work in fells point. >> not only to move their cars out of the fells point areas but to keep an eye on your basement, we have already had some reports of flooding which may be at risk. >> angel sea bolt lives several blocks away from the water but still within the zone south of fleet street. the rain is one thing but the overnight high tide is his main concern. >> i get to setup and we'll find out when the tide comes in. i guess if we can get out of that tied and not flooding. ooh. >> i hope you can see me okay. it's pouring out here, high tide in fells point for, set for 12:53:00 a.m. for just under two hours away

shane bauer her fiance and joshua fattal. they were hiking along the iraq border when iran says they wandered over the border and were arrested as spies. >> coming out of prison i'm shocked and dismayed in some ways that there could still be questions in iran and around the world about who we are. about what we were doing in northern iraq. >> reporter: speaking in berkeley today sarah said the three did nothing wrong, broke no laws an had come to the middle east because of their passion for justice and peace. she told of being taken to prison in tehran. >> we were forced apart for the first time and we clung to each other. we linked arms and we held each other and we screamed because we didn't want to be separated. we were separated and we were thrown in different cells. all of us alone for the next month. >> reporter: in prison they learned to stay connected she says even when they couldn't see each other. she says the connection sustains the three of them even now. >> i can see them in their small cell. with very little sun

investigators think diaz hit motorcycle officer patrick bauer while driving a stolen van in fremont monday morning. the officer is a ten-year veteran of the fremont police force. he suffered a broken leg but is expected to be released from the hospital later this week. this is monday's scene. diaz accelerated toward the officer and then ran off. border agents will also be on the lookout for the man. >>> wondering what was up with your facebook account last night, facebook says site issues caused the social networking site to be slow or unable for some of its 500 million users. a facebook spokeswoman sent out an e-mail just about 10:00 saying the company was working on the problem. facebook says it was solved about a half hour later. facebook not working, one of the trending topics on last night's twitter. >>> the government wants to be your friend in a facebook sort of way. as we reported in the past, the obama administration wants to add facebook and other internet communication to their list of potential wire tap communications to help catch suspected terrorists. >> they should definitel

. >> reporter: josh fattal and shane bauer spent day 444 behind these gates. in a special section of the prison, separated from other inmates. matching the sad milestone set by the u.s. embassy hostages in 1981, is something the hikers never wanted. >> i had no, no contemplation that this would last 444 days. >> reporter: now, they will surpass it. iranian officials demanding they stand trial for spying. the hikers' prolonged detention stands in sharp contrast to the relief of this american-iranian businessman, who was freed after 2 1/2 years, more than 900 days, behind bars. you must be very happy. after a happy reunion with his wife, and a tearful call to his son. >> 2 1/2 years. for what? >> reporter: the hikers will have to wait for their freedom. iranian officials, in private and in public, taking a hard line on their case. iranian officials taking a hard line on their case. for the hikers, 1 relative told us, day 444 is simply heartbreaking. jim sciutto, abc news, iran. >>> we should get a ruling today about the future of the don't ask, don't tell policy