. >> i'm eric thomas. >> developing news, this morning iranian president m aasia onshore hikers arrested and convicted on spying charges there could be free in a couple of days. he made the announcement on nationally televised morning show saying the release of them would be a humanitarian gesture. developments came after the defense attorney said an iranian court set a bail of half a

i'm eric thomas. >> i'm kristen sze. let's begin with breaking news, after two years in an iranian prison and many heart-breaking delays, americans josh fattal and shane bauer are expected to be freed any moment now. abc7's terry mcsweeney is following the minute-by-minute development out of iran. terry? >> reporter: we have been watching the wires and checking the satellite. waiting for word that the two former u.c. berkeley students have been released from the prison. that word has not come in yet. bauer and fattal are expected to be handed over to swiss diplomat who represent american interest because u.s. has no diplomatic relations with iran. the iranian attorney for the two men says he was finally able to get a signature from a second judge in the case. that was the last obstacle standing in the way of their freedom. something required by the iranian courts. this release is not going to come without a price. bail, as iranians are calling it, half a million dollars each. it's not clear who is paying that money. last

steckman. >> eric thomas steen. >> william r. steiner. >> alexander steinman. >> andrew stergiopoulos. >> andrew stern. >> and my son. i represent all our family. we love you. >> and my son. the sunshine of my life. he gave his life so that others could live. i love you, i miss you, and we will meet again soon. >> martha stevens. >> michael james stewart. >> richard h. stewart, jr. >> sanford m. stoller. >> lonny jay stone. >> jimmy nevill storey. >> timothy stout. >> thomas strada. >> james j. straine, jr. >> edward w. straub. >> george j. strauch, jr. >> edward t. strauss. >> steven r. strauss. >> steven f. strobert. >> walwyn w. stuart, jr. >> benjamin suarez. >> and my brother-in-law. our entire family love and miss you very much. we know you are with us. we see the butterflies. kiss your mom and hug my dad for us. >> into my father-in-law. we love you and miss you very much. >> david scott suarez. >> ramon suarez. >> yoichi sugiyama. >> william christopher sugra. >> daniel suhr. >> david marc sullins. >> christopher p. sulli

. >> i'm eric thomas. >> topping our news, a union city is due in court to formally face murder charges in the disappearance three months ago of a nursing student. despite the arrest there is huge unsolved mystery in the murder case. terry? >> reporter: there is still no body and family of michelle le, they are determined to find that body wherever it may be hidden. they believe it's out in the east bay. they are asking the suspect to help investigators so they can bring closure. take a look at the suspect in the murder investigation. 27-year-old gizelle esteban. we'll see a picture and video from unrelated case. she has been a person of interest since day one, was arrested and shortly was arrested back in may. the arrest came yesterday and police laid out some of the evidence. >>> located inside michelle's car have been analyzed and have been confirmed that michelle is the source of the bloodstains. the parking structure where her car had been, revealed that esteban was present before and after michelle's disappearance. >> at this point she is still missing and we'll fight to get her h

thanks for joining us, i'm eric thomas i am >> and i'm kristen sze. oakland police looking for a gunman who killed a member of a motorcycle club. >> less than a week after a san jose angel was shot and killed in -- hell s angel was shot and killed in reason know. >> reporter: the shooting happened inside -- happened in sparks outside of reno and it did kill the san jose chapter of the hell s angels this happened outside the east bay dragons motorcycle club 9:30 last night. the man on the right in the orange jacket is identified by members of the east bay dragons motorcycle club as the victim. they say he went by the name of ike. the picture provided by the east bay dragons. police say the victim had numerous aliases ike was not one so there's confusion there. weigh shot near the garage -- he was shot near the garage, at 88th and international. this past may, a man and woman was shot and killed near the same location. a third person wounded. police are just getting started looking into last night's shooting. no word if there is any connection between w

. >>> thanks for joining us i'm eric thomas. >> i'm kristen sze. >> veteran police officer finds himself on the wrong side of law accused of sexual acts with teenage boys. this is san jose officer who was based at a high school for many, many years. live at police department with the story. >> reporter: 44-year-old patrick durego was the campus officer from 1996 to 2007 and he is facing very serious charges. where the crimes allegedly occurred. he is charged with having sex with two teenage boys. one 15 and the other 17. mercury news is also reporting that officer durego gave the boys alcohol at parties at that home. he has been under investigation by gilroy police for two years now. yesterday afternoon when he showed up for work he was arrested. >> they took one of our officers patrick durego into custody on a $100,000 warrant charged with child molestation. >>> gilroy police say after two-year investigation, witness came forward and was enough to take it to grand jury. he was arrested yesterday afternoon. they believe there may be more stlianlsd would like the victims to please come fo

thanks for joining us, i'm kristen sze. >> i'm eric thomas. in the news this morning, oakland police warn that the manpower shortage is leaving more illegal guns on the street. officers seize or collect more than 1400 guns a year and this year they will fall well short. terry mcsweeney is live at the oakland police department. >> reporter: yeah, this year they are expecting to take 1,000 weapons off the street. that is drop of 30%. the problem is money. fewer cops on the street. more guns on the street. take a look at some of the art arsenal. seized at crime scenes in the recent past. our media partner is saying guns are mostly seized at crime scenes and buy-back program pay forces guns but the lack of money is also drying up. 80 officers were cut but 30 were brought back. that is a step in the right direction. the layoffs led to a department reorganization and elimination of crime reduction teams. they don't stop crime before it happens they go after it does. the mayor says there is an agreement with the federal bureau of tobacco and firearms

i'm eric thomas. u.s. officials say they are confirming that an american born al-qaeda cleric dead killed in a u.s. airstrike. he's believed to have had a hand in high profile attacks against the u.s.. terry mcsweeney is live with more on the bin laden of the internet? >> reporter: right. was involved in the highest profile attack, including 9/11. terrorism officials says al-awlaki died during a drone and jet attack in yemen. drones had been patrolling in that area for dis. al-awlaki was call the bin laden of the internet. islamic lecturer with a blog, facebook page and youtube videos. he was born in new mexico holding dual citizenship. he told followers they did not need permission to kill americans, just kill them. some did listen. he was close to three of 9/11 hijackers. he was tied in the gunman in the fort hood shooting in 2009 that kill 13. also connected to the attempt to bring down a jetliner over detroit christmas day 2009. >> awlaki is a terrorist. >> we want to neutralize him. >> taking him out

i'm eric thomas. >> i'm kristen sze. >> the top story, as the tenth anniversary of 9/11 attacks, they are issuing a warning. it comes for the smallest airports. i'm joins us live from hayward with more on this warning on general aviation. >> reporter: good morning. homeland security is trying to get a hold of all the small airports trying to let pilots know that al-qaeda may be trying to get a hold of their airplanes so they can hurt americans. experts say al-qaeda is no longer determined to pursue massive attacks. now, they are focused on smaller attacks that are less complicated. alert from the federal government terrorists have considered renting private planes and loading them up with explosives. they are trying to get the word out to 4,000 small airports across the country. >>> the f.b.i. agent came in and told me about the possibility of not a specific threat but they were planning on using general aviation here in america. >> the threat is high. we face a determined enemy who has not given up. >> reporter: authorities say there has been no specific or credible terrorist threat

. >> i'm eric thomas. turn yourself in for your own safety.the message from the police to a next in the killing of a angels. police are worry the angels -- the hells angels will get to him first. >> reporter: that's right. they lost their president in the shooting in nevada over the weekend. law enforcement here throughout california and nevada are looking for the suspect hoping to get to him before somebody from the hells angels does. take a look at the scene at the san jose chapter of the hells angels yesterday. you can see the flag at half-staff. in front of the clubhouse, we are not revealing the location of that clubhouse, candle and flowers, red and blue the colors of the club. this began friday night in sparks, nevada outside of reno. san jose chapter president jeffrey pet graw was shot and kill during a fight with the vagos motorcycle gang during a biker festival. law enforcement in california and nevada are hoping to head off retaliation. >> yes, it is murder, straight-up murderl%í . and i hope they catch whoever done it and they get

. >> i'm eric thomas. >> america's most controversial bake sale set to begin in morning at 10 a.m., five hours from now on the uc berkeley campus. the college republicans plan a posted menu with variable prices based on race, sex and ethnicity. amy hollyfield is live to explain. if they wanted attention they got it. >> reporter: they did. they've gotten attention from press from overseas. the bake sale is on, despite what you have heard. they have not cancelled it. even though it is very controversial. the berkeley college republicans will hold their bake sale today. they are going to charge people different prices, based on their race and gender. they are trying to prove a point. they've caused a lot of outrage. the student senators voted sunday an emergency meeting to condemn discriminatory behavior on campus, even done in satire. some are so upset they've threatened violence. >> we didn't expect personal threats to be paid or implicit and explicit threats paid to the organizers of the event to burning down the take, throwing our baked goods at us and other physical threats. >> reporte

i'm eric thomas. >> and i'm kristen sze. >> stanford hospital is admitting to major private breach. names of thousands of patients were posted online and posted for the world to see for nearly one year. live at stanford hospital with a lot more. >> 28,000 emergency room patients had some pretty private information posted online. it was up there for a year. a lot of questions including it was up there for so long and nobody seemed to notice. i'm not knocking stanford here. the patients didn't notice. nobody reported it. why was it up there for so long? take a look at the pictures. somehow a spreadsheet with detailed information about patients, building contractor to a website completely unrelated to student of fortune. that site helped students with their homework for a fee. no connection whatsoever. kind of strange. a spokesperson says it first appeared in september of last year and it was discovered last month and immediately removed from the website but there were no reports of it. no complaints about it. it was up there a long time and no one said anything. so what was on that? t

. >> i'm eric thomas. >> a road construction in belmont is shut down this morning because of faulty maps that don't show where natural gas pipelines are in the area. it comes about a year after the deadly natural gas explosion in san bruno. amy hollyfield is live in belmont with the story. we have one construction crew that came out with a surprise. >> reporter: a big surprise, eric. this is the construction project that is now on old. crew said the map said one thing but they started digging and found something else. they have placed a big piece of the wood over it for now. residents say it was fully exposed for more than a month. some complained. city officials say according to the map they thought the line would be about three feet underground, instead they found it 12 inches down. the city of belmont and its contractors were relying on maps from pg&e. residents say after a condominium caught fire in cupertino because the plastic gas line ruptured there and, of course, what happened in san bruno all makes them very nervous but the city engineer says maps are sometimes wrong. >> it's n

i'm eric thomas. >> i'm kristen sze. this morning, tens of thousands of nurses at dozens of hospital in california will leave their patients for the picket line. they are going on what is possibly the biggest one-day nurses strike the state has ever seen. abc7's amy hollyfield is live at children hospital oakland. amy? >> reporter: 800 nurses at children's hospital will be walking off the job today. the hospital says they have trained replacement nurses to take care of the patients. this is a massive strike that is going to start at 7:00 this morning but preparations have been going on for days. 23,000 nurses are expected to strike in northern and california from kaiser permanente home, some sutter medical center and childrens in oakland. it will affect a total of 34 hospitals. the main issue is a proposal to get nurses to pay for more healthcare. as in any contract dispute, each side has the talking points ready. >> i'm very concerned about the california nurses association agenda. i think they talk a lot about, that th

i'm eric thomas. >> and i'm a kristen sze. >> the hopes for same-sex couples for marriage rights hang in the balance today. state supreme court is holding a hearing to determine whether back isers of the prop 8 gay marriage ban can continue pressing their case in court. live in the court from san francisco, terry? >> reporter: do the backers of prop 8 have legal standing to appeal a federal judge's ruling that overturned prop 8? that is the question they will be hearing arguments on today. take a look at video, proposition 8 passed by voters in 2008. it made marriage to be defined between a man and a woman. last summer a judge ruled that it's a violation of civil rights of gays and lesbians. they refused to appeal on behalf of the voters. so can those that back the measure legally appeal the case? that is the question. >> if we don't have standards to defend the initiatives that we qualified, promoted and enacted into law, then nobody will. if the california supreme court finds they have standing under the california law it still doesn't answer the whole question. it would be up to th

. >> i'm eric thomas. >> we're following a new development in the case of two u.c. berkeley graduates jailed in iran on spy charges. they say no decision has been made about releasing them. the statement is potential embarrassment for iranian president mahmoud ahmadinejad. yesterday he said that they could be freed in a few days. a lawyer representing the americans said he was told the bail would be set half a million each. iran's courts is controlled by the ruling at clerics who have been add odds with mahmoud ahmadinejad. the two americans were detained after hiking near the border. >> san jose police of investigating how a man acquired a cache of explosives that forced the evacuation of an entire block for most of the day before officers set them off in dramatic fashion. amy hollyfield is live japantown hiabd. >> they say it takes a lot of time document evidence and they found a lot of it inside the house. one officer said he never have seen so much ammunition and they also found guns and explosives. >> that is the sound residents heard several times yesterday. t

i'm eric thomas. >> and i'm kristen sze. >> developing news, word this morning that u.c. berkeley graduates in prison for more than two years may be this close to freedom. nick smith is live in the newsroom with the latest information. >> reporter: iranian president mahmoud ahmadinejad told an american news outlet that the two americans that had been given eight-year prison sentences will be released in two days on humanitarian grounds. the iranian lawyer representing them said the bail amount of $500,000 had been set for each of the jailed americans and that after payment both would be released. bowe and fattal insist they were hiking when they inadvertently strayed over the border. two men were with third american that was released on the same bail amount in september of last year. trial for the two americans took place behind closed doors and no evidence against them has been made public. under iranian law, their sentence could carry the death penalty. >>> people who live close to a youth detention center are being told to stay in their homes with windows and doors loc

eric thomas has the latest. >> five people, two of them nevada national guard members are still hospitalized. the sheriff's department released the names of the dead. 38-year-old kristen rigi and person from reno and major from reno. also killed was the civilian 67-year-old person from south lake tahoe. gunman opened fire outside the ihop yesterday morning before he took it's ak-47 rifle inside and shot the others. >> in a few short hours we lost the same number of soldiers we lost in the entirety operation iraqi and enduring freedom. >> all of the nevada and international guard. the suspect shot himself and died at the hospital. police recovered two rifles and a pistol from him. he had no criminal record but he had a history of mental issues. iphop restaurant shut down and no word when they will reopen. >>> a first time ever major jobs summit dealing with jobs is going on in san francisco. hunddsrepeople from top bay area companies. terry mcsweeney joins us with the story. this is a very aggressive move that is sorrily needed. >> they certainly agree with you and that is when they convened.

here is abc7s eric thomas. >> this is the view of 9/11 seered into our memories. the horrific pictures of america under attack, 3,000 miles from the bay area. and this is as close as most of us would ever get. >> put it right here. >> but a 60 member task force of firefighters, engineers, medical professionals and search teams from the bay area got this close to the still smoldering, collapsed twin towers. this video was provided by the menlo park fire department. >> i made two passes and couldn't get my head around the side of it. >> he said he thinks about the sights and sounds of ground zero all the time, and the smells, the smells of smoke and dust, and the smith of death. >> the smell of the site, those things, they never leave you. there are things you come across once in a while that recreate that and make you think about it. >> but when they got to the scene just days after the attack, there was no room for emotion. crews snapped into action searching for hotspots and looking for survivors and then recovering bodies. >> you learn to not be -- become emotio

>>> good morning, i'm eric thomas. >> and i'm kristen sze. >> a dire warning from the financially crippled u.s. postal service, the agency says it's go to default on a $5.5 billion payment and may november shut down entirely a few months from now if congress doesn't take emergency action. amy hollyfield is live at the san francisco post office. >> reporter: post office officials say they are ready for fight. they know that important documents such as college acceptance letters flow flu flew the system so they are ready to fight and hoping that congress will save them. they have an important hearing tomorrow they will plead their case. two big issues. they need to be able to decide when they can knriv. they would like to do it five days a week instead of six days. it would save them $3 billion a year. they also need to be able to recover some other things. official year ends september 30th and they are up against the deadline. congress? recess so officials don't know if lawmakers will be willing to help them. but without their help they say they are in serious trouble. >> our situation is d

eric thomas has the latest. >> five people, two of them nevada national guard members are still hospitalized. the sheriff's department released the names of the dead. 38-year-old kristen rigi and person from reno and major from reno. also killed was the civilian 67-year-old person from south lake tahoe. gunman opened fire outside the ihop yesterday morning before he took it's ak-47 rifle inside and shot the others. >> in a few short hours we lost the same number of soldiers we lost in the entirety operation iraqi and enduring freedom. >> all of the nevada and international guard. the suspect shot himself and died at the hospital. police recovered two rifles and a pistol from him. he had no criminal record but he had a history of mental issues. iphop restaurant shut down and no word when they will reopen. >>> a first time ever major jobs summit dealing with jobs is going on in san francisco. hundreds of people from top bay area companies. terry mcsweeney joins us with the story. this is a very aggressive move that is sorrily needed. >> they certainly agree with you and that is when they conve

good morning i'm eric thomas. >> what was supposed to be a one-day strike will impact many patients for days. amy hollyfield is live with the latest. >> reporter: union officials are calling this an excellent turn-out. one representative told me in her a teen years in the union she has never seen a strike like this one. it is not unusual to see a strike in the bay area. but it is not everyday you see the president of the afl-cio union here. he came in from d.c. for this strike. >> finally, somebody is standing up big business and the bullying of corporate america. all 12 1/2 million members of the afl-cio are not only standing with them, we are standing them. >> reporter: the numbers illustrate the scope of this dispute. it looks like this outside 34 hospitals in northern and central california. estimated 23,000 nurses walked off the job today. >> it is nice to be with all these nurses and to know that we stand so strong. >> reporter: inside hospital administrators say they brought in enough temporary nurses to provide basic care. they did postpone elective surgeries. >> business as usu

. >> i'm eric thomas. this is not the outcome they were looking for, but this morning the family of east bay nursing student michelle le finally knows her fate. coroner say skeletal remains are those of le. amy hollyfield is live at the hayward police department. what happens now? >> reporter: well, eric, now they need to figure out how she died. that will be a challenge. the body was decomposed but it will help the case. she disappeared may 27 and her family has been searching aggressively ever since. one of the searches over the weekend she was found. the remains were discovered by an area searched before by volunteers and police officers and that is generating emotion among volunteers. >> you hope when you go through this, you hope if something is discovered it's not in an area you were in. it's not a good feeling. regular will>> reporter: giselle esteban has been charged with le's murder. she's in jail and pregnant with her second child. he was in court yesterday and assigned an attorney who said esteb

eric thomas shows us how the mothers have embraced families here and overseas and showing you how you can help. >>> in a donated corner of a warehouse a small group of parents put together gifts that will be auctioned off in a couple of days. fourth year in a row these suburban moms will turn their attention from jobs to carpools to helping total strangers. >>> four years ago five peninsula women founded moms against poverty with no experience at fund-raising or nonprofits they put together a party drew 3500 people and raised $60,000. >>> i think it could be very good and help. we need a way and we gave them the way. >> now the party is more organized affair with djs and emcees but the moms still do the cooking and preparation and that's not all. >> for the cause we are all professionals and we all work but the passion is strong. >> volunteers are iranian immigrants many of whom juggle jobs and family and carrying adopted children overseas. locally they have helped groups like child advocates of silicon valley to help abused and neglected children that have been placed in foster care.

abc7's eric thomas shows how these mothers have embraced other families here from overseas and shows you can help. >> in a donated corner of a warehouse in burlingame a small group of parents work at putting together gifts that will be auctioned off in a couple of days. it's the fourth year in a row these suburban moms will turn their attention from jobs and carpools to helping total strangers. >> we want to change the cycle of the poverty, and we believe we could. >> four years ago five peninsula woman founded moms against policy or m.a.p. at no experience for fundraising or nonprofits. they put together a party, drew 500 people and raised $60,000. >> i think generally people want to be good, people want to help. it's just they need a way and we gave them the way. >> now the party is a more organized affair with djs and mcs and it's held in san francisco. but the moms still do the cooking and preparation, and that's not all. >> it's hard. it's hard. you have to pick up the telephone and call. we are all volunteers, we are all professionals, we all work, but the passion is strong. >>

>>> good morning, i'm eric thomas. >> and i'm kristen sze. >> a dire warning from the financially crippled u.s. postal service, the agency says it's go to default on a $5.5 billion payment and may november shut down entirely a few months from now if congress doesn't take emergency action. amy hollyfield is live at the san francisco post office. >> reporter: post office officials say they are ready for fight. they know that important documents such as college acceptance letters flow flu flew the system so they are ready to fight and hoping that congress will save them. they have an important hearing tomorrow they will plead their case. two big issues. they need to be able to decide when they can knriv. they would like to do it five days a week instead of six days. it would save them $3 billion a year. they also need to be able to recover some other things. official year ends september 30th and they are up against the deadline. congress? recess so officials don't know if lawmakers will be willing to help them. but without their help they say they are in serious trouble. >> our situation is d

. >>> it is about 4:31 on this friday morning, thank you for joining us i'm eric thomas. >> and i'm kristen sze. the most dangerous terrorist in the world is dead. u.s. officials confirming the killing of an al-qaeda leader a death considered by some to be more significant than the death of bin laden. terry mcsweeney joins us with more. >> reporter: al-awlaki killed this morning in northern yemen. it was an airstrike and u.s. drone aircraft had been patrolling for days. al-awlaki was called the osama bin laden of the internet. i islamic lecturer with a blog, facebook page and many tube videos. he was born in new mexico. he told followers they did not need permission to kill americans, just kill them. some listened. he was tied to the gunman in the fort hood shooting in 29 charged with killing 13. awlaki connected to the attempt to bring down a jetliner over detroit christmas day 2009. here is awlaki from a 2001 "washington post" profile. >> never unstatement the power of fear especially when the enemy of allah hears allahu akbar. >> he could talk in an american vernacular. >> reporter: the

good morning i'm eric thomas. >> what was supposed to be a one-day strike will impact many patients for days. amy hollyfield is live with the latest. >> reporter: union officials are calling this an excellent turn-out. one representative told me in her a teen years in the union she has never seen a strike like this one. it is not unusual to see a strike in the bay area. but it is not everyday you see the president of the afl-cio union here. he came in from d.c. for this strike. >> finally, somebody is standing up big business and the bullying of corporate america. all 12 1/2 million members of the afl-cio are not only standing with them, we are standing them. >> reporter: the numbers illustrate the scope of this dispute. it looks like this outside 34 hospitals in northern and central california. estimated 23,000 nurses walked off the job today. >> it is nice to be with all these nurses and to know that we stand so strong. >> reporter: inside hospital administrators say they brought in enough temporary nurses to provide basic care. they did postpone elective surgeries. >> business as usu

eric thomas abc 7 news. >> and that is looking like a lot of fun. if you'd like to get tickets just go to our web site. and look under see it on tv. >> and now on to consumer news. we told but a huge rush at target stores, customers snapped up designer merchandise. >> unbelievable. today, those items started to show up on ebay. >> that is right michael finney has the story. >> everybody likes to make a buck. >> yes. >> you you might have guessed many can't resist the chance. yesterday there was a huge rush to buy merchandise specially design bid missoni. everything from clothes to bicycles sold for a fraction of normal prices. it emptied shelfs and crashed the target web site. >> it's exceeded every expectation. guests grabbed as many things as they can carry. >> and today, hundreds of those items turned up on ebay and craig's list at inflated prices. sweaters, dresses and blankets selling for double and triple and more. a limited edition bike offered for $1600. and target says it's a a.ware of the auctioning and urging customers to buy from target

abc7's eric thomas shows how these mothers have embraced other families here from overseas and showsin a donated corner of a warehouse in burlingame a small group of parents work at putting together gifts that will be auctioned off in a couple of days. it's the fourth year in a row these suburban moms will turn their attention from jobs and carpools to helping total strangers. >> we want to change the cycle of the poverty, and we believe we could. >> four years ago five peninsula woman founded moms against policy or map at no experience for fundraising or nonprofits. they put together a party, drew 500 people and raised $60,000. >> i think generally people want to be good, people want to help. it's just they need a way and we gave them the way. >> now the party is a more organized affair with djs and mcs and it's held in san francisco. but the moms still do the cooking and preparation, and that's not all. >> it's hard. it's hard. you have to pick up the telephone and call. we are all volunteers, we are all professionals, we all work, but the passion is strong. >> the volunteers are i

. >>> of course i'm eric thomas. kristen is off today. a dismal jobs report. the labor department says the economy lost as many jobs it is a created in august keeping the unemployment rate at 9.1%. it is the weakest report. it is the first time since february of 1946 and the first time they reported a net of zero. >> after hearing the job numbers i came out to oakland expecting to hear doom and gloom. i am here to tell you i didn't. the faces are intense and all business at the employment development office on broadway in oakland. talk to some of these job seekers and get ready to be surprised. >> when people say there is no jobs, that's the biggest myth out there. >> so says gerald free man who has been looking for works for two months, sending out resumes every day. he says the employer is totally in the driver's seat right now. >> the employers can choose now, they can take their time and pick the exact person they are looking for. so you have to be sharp. you have to be concise and persistent. and you have to be optimistic. you can't give up. >> president

. >> i'm u i'm eric thomas. we begin with developing news, a 31-year-old suspect is hospitalized after being shot by a san jose police. right now detectives are investigating what led up to the gunfire. terry mcsweeney is live in san jose with more on the story. >> reporter: down here at south san jose we have a shooting, officer involved. this is the scene. it's not just police department but chp is involved because the task force auto theft task force. they spotted the vehicle, tried to pull it over. at some point one of the officers, they are not sure if it was a san jose officer or a chp officer who actually pulled the trigger that shot the suspect. the suspect in the hospital with non life-threatening injuries and to try to get more details and fill in the blanks. we're joined by officer jose garcia of the san jose police department. the question, what was it these people did that warranted an officer to shoot at them. >> we are still looking what led up to the shooting. i could say two of the officers, one

. >> i'm eric thomas. >>> this morning a new terror alert has as we approach the techbth anniversary of the deadly 9/11 attacks. it involves airplanes much smaller used to attack the twin towers and the pentagon. >> this is one of 4,000 airports across the country that officials are trying alert. they say al-qaeda may have its eyes turned on small planes like the ones that fly out of this airport. officials are telling pilots that al-qaeda is planning to use a general aviation to harm americans. the new alert says terrorists have considered renting private planes and loading them up with explosives. >> they won't be able to put a huge device on them but the other side, if you put some biological or chemical agent in one of them, clearly that could cause major damage, depending on your target. >>> authorities say there has been no specific or credible terrorist attack but they are stepping up security as the precaution and a that bulletin they just put out about small airplanes. the possibility of using small planes isn't new. in 2002 they uncovered an al-qaeda plot to fly a small pla

. >> i'm eric thomas. >> a police officer is accused of having sex with two teenage boys. gilroy police arrested him and media partner reports that the officer may have provided alcohol to minors at parties at his home and had sex with them. he had been under investigation for several years. he was arrested when he showed up for work on wednesday. >> they took one of our officers patrick durego on a $100,000 warrant charging him with three charges of child molestation. >>> gilroy police are asking for other victims to come forward and contact them. >> another blow to solyndra, after layoffs and house republicans are deepening their investigation in whether the solar panel maker got massive loans because of political ties. more on this. >> the house energy committee subpoenaed documents to a half billion dollar loan. the obama energy department was favoring some other companies over others and some said solyndra was granted the loans because ties to george kaiser. he is the one of the zk parties biggest fund-raisers. they closed their doors yesterday. they are seeking chapt

. >> i'm eric thomas. >> there is light at the end of tunnel for two u.c. berkeley graduates that have been imprisoned in iran for two years. they made a surprise announcement. nick smith mass more. >> reporter: good news, iranian indeed. they told an american news outlet that the two americans have been given eight year prison sentences for spying will be released on two days on humanitarian grounds. iranian lawyer representing the americans said the bail amount of $500,000 had been set and after payment they will be released. they insist they were hiking in northern iraq they inadvertently strayed over the border. two men were with a third american, sarah shourd she was released in september of last year. the trial for the two americans took place behind closed doors and no evidence against them has been made public. under iranian law it can carry the death penalty. they are awaiting statements from the families. >>> following developing news in the eastern contra costa county, residents in discovery bay are being told to stay inside their homes with the

. >> i'm eric thomas. >> a slap on the hand could lead to criminal charges. it started at a city council meeting. terry mcsweeney joins us live with the story. and he will give you a look at what happened. >> reporter: the d.a. is going to decide today if he is going to be filing assault charges against councilman mike kelly for what happened at the september 13th meeting. we have it on tape. take a look, you can see the hand-hitting indent. you see on the far sight -- councilwoman ford, next to her kelly puts her hand out towards kelly tells him to shush. when she brings it back he slaps or hits i. she says she waited for apology for a week and when it didn't -- it didn't come, she went to the police. >> he said don't put your hand cmk"ép'" i said you've sunk to a new low. >> reporter: councilman kelly says he will have a publish statement at tonight's meeting. councilwoman ford says the mayor has not been running a tight ship at the city council meetings. there's another member who has been getting a little bit out of control. she wants all of them, especia

thanks for waking up early and joining us i'm eric thomas. >> and i'm kristen sze. >> a member of a motorcycle club is dead. terry mcsweeney is live at the police department. >> reporter: according to oakland police this happened 9:30 last night at 88th and international. the victim was shot, taken to the hospital, where he died. i want to show you a picture. according to members of the east bay dragons this is the gang or group that he was a member of. the man on the right was the one who was killed. they identify him only as ike. picture provided by the motorcycle club. police say the victim had numerous aliases. they say as far as their investigation has gotten to this point, ike is not one of them. he was shot near the garage. police are not releasing any information about suspect or motive. this past may a man and woman were shot and killed near the motorcycle club. a third person was wounded may 29th. police are just getting started on last night's shooting. no word if there is any connection between the two incidents. one person killed at the east bay dragons motorcycle club, club membe

. >> i'm eric thomas. >> today we may see the most important debate this hour. the state supreme court is giving lawyers to convince them a federal judge was wrong to strike down the ban on gay marriage. terry mcsweeney is here to explain. >> reporter: specific issue is sponsors of prop 8 have the right to appeal the ruling that found the ban on same-sex marriage unconstitutional. prop 89 was passed by voters in 2008 and defined marriage between a man and woman. federal judge vaughn walker struck down the law last summer but the question is can those that back prop 8 challenge thinks decision even though the governor and attorney general opted to drop the appeal? the argument may sound like this. >> out stand to go proceed the appeal, you have to show you that are injured. here the proponents are on record that they identify harm to themselves as anybody else you can have the people trying to exercise the fundamental right to pass laws themselves. then the governor and attorney general can veto by that by refusing to definite court. you don't have to have legal

i'm eric thomas. >> i'm kristen sze. >> one of the biggest attention grabbing candidates in the race comes to the bay area this morning. michele bachmann comes to the bay. terry mcsweeney is live in san rafael for us. >> reporter: she is coming here what she is calling a breakfast chat, a chat about some things she has chatted too much about already. take a look at what she was doing yesterday down in arizona. this is the kind of woman from minnesota we're talking about here looking for an endorsement for the maricopa county sheriff. she is showing her law and order credentials but he made headlines by saying the hpv vaccine causes retardation. front-runner rick perry of texas required it in texas and she criticized that saying it's a violation of people's liberties. then she said it caused retardation and she is backing off that comment. a woman came to her before the recent debate, that caused retardation in my daughter. she went with it. now medical professionals, medical organizations are coming out and saying there is no reason to say that, no proof of that. they are trying to g

i'm eric thomas. >> i'm kristen sze. the man san jose police call public enemy number one is in custody and faces new felony charges that will likely include kidnapping and murder. castillo is a parolee that went on a violent crime spree beginning friday morning. they thought he was surrounded on north king road but after an all-night search they discovered that castillo slipped past him. he carjack and kidnapped 60-year-old cindy win from a shopping center and her body was found inside castillo's one-time home. they believe he also robbed a gas station. you saw that shot friday morning and shot the clerk before driving off in a stolen car. here is what they said about the arrest. >> at 7:35 p.m., members of the special operations unit arrested paul ray castillo in sacramento without incident, with no one else getting injured. we have no information about what his ties were in west sacramento and how he got there. we want to make sure we report to the community he is in custody. >> police say he was wanted for violating

i'm terry mcsweeney in for eric thomas. >> i'm kristen sze. thank you for joining us. topping the news. wall street hoping to recover footing when trading begins this morning after being battered the last two sessions. dow lost nearly 400 points and overnight asian stocks followed suit. abc7's nick smith is live in the newsroom with the latest indicators. nick? >> good morning. world markets are skittish as the recession fears continue. and for the first time, china confirming their worst fears about the health of the global economy. the dow jones saw the biggest two-day drop since the height of the financial crisis in 2008, capped off by a 391-point loss in the dow index yesterday. investors dumped stocks overnight as the weak economic indicators from major nations intensified fear of a new global recession. a joint call to action by the group of 20 nations is trying to calm markets in europe but they are also down this morning. asian shares were pulled down today by a wrath of bad economic news. including signs of a manufacturing downturn in china that could reduce d

. >> i'm eric thomas. >> bart riders may not like this morning's commute. especially those that use clipper guards, they may have trouble glen park station following a night of unexpected vandalism. they want to see if it's related to a protest at another bart station last night. amy hollyfield is live to show us some of the damage. >> reporter: glen park station is open but it looks like the clipper card system did not get fix. this one is still out of service. you can't use your clipper cashed here. they left behind graffiti. they sprayed the name, a man that bart police shot and killed charles hill witnesses say the vandals smashed the clipper card readers with hammers last night. no arrests were made. the bulk of bart's problems were at the power station in downtown san francisco. it had to be shut down for two hours after being overrun by protestors. the goal of these protestors is to disband bart police and they will continue to protest until their demands are met. commuters say they are sick of the demonstrations. >> it's not representative of how sa

. >>> of course i'm eric thomas. kristen is off today. a dismal jobs report. the labor department says the economy lost as many jobs it is a created in august keeping the unemployment rate at 9.1%. it is the weakest report. it is the first time since february of 1946 and the first time they reported a net of zero. >> after hearing the job numbers i came out to oakland expecting to hear doom and gloom. i am here to tell you i didn't. the faces are intense and all business at the employment development office on broadway in oakland. talk to some of these job seekers and get ready to be surprised. >> when people say there is no jobs, that's the biggest myth out there. >> so says gerald free man who has been looking for works for two months, sending out resumes every day. he says the employer is totally in the driver's seat right now. >> the employers can choose now, they can take their time and pick the exact person they are looking for. so you have to be sharp. you have to be concise and persistent. and you have to be optimistic. you can't give up. >> president

i'm eric thomas. >> and i'm kristen sze. >> let's begin in carson city, nevada where a third national guard member has died from injuries in the shooting rampage at an ihop restaurant bringing the death toll to five. at least 11 state and federal agencies are investigating the shooting. they say without warning a gunman shot a woman outside a restaurant. then he went inside and shot others with an ak-47 rifle. victims include five national guard members who were eating breakfast. three have them died. one civilian was also killed and seven others were wounded the customers dove for cover. >> it was the most terrifying thing i've been through in my life. >> it ended in the parking lot where the gunman shot himself to ded death. he had no known connection with the restaurant. they say he had mental issues. inside the minivan he found three more guns. >> a decade after the 9/11 attacks, many police departments and fire departments are on the same wave length literally. a new radio system has yet to materialize. terrify shriver in the newsroom to explain. >> reporter: emergency response a

i'm eric thomas. >> i'm kristen sze. >> top story, congressional investigation begins into what went in solyndra. high flying solar power maker that went bankrupt. terry, who won't be there this morning. >> reporter: former top executives won't be there at the hearing about the half billion dollar loan guarantee the company received from the federal government. they say they need more time prepare. they are pouncing on the issue of president obama's original stimulus plan and support for green technology outfailed policies. they say the entire loan guarantee program is under review. e-mails obtained by abc news they closely monitored their finances but e-mails show some of the president's budget officials had concerned. >> it makes you sick to your stomach. at the end of the day, more than a thousand people lose their jobs and taxpayers, all of us lose half a billion dollars. >> f.b.i. agents and investigators from the department of energy's office of inspector generated had the plant last week. abc news is conducting an investigation of its own, one of solyndra's principal advisor w

. >> i'm eric thomas. colleagues in the south bay are planning a funeral service later this week for a popular vietnamese radio host kidnapped and murdered on friday. san jose police have a suspect in custody caught last night following a three-day man hunt. nick smith is live in san jose with the latest on the strange case. nick? >> reporter: eric, good morning. investigators say that paul ray castillo is responsible for violent crime spree that lasted three days here in san jose. last night, they made an arrest and they believe they have a violent man off of the street. after three-day manhunt, 33-year-old paul ray castillo was captured at around 7:30 last night in west sacramento by officers from the san jose police department who tracked him there. investigators have been working non-stop to find the man they called public enemy number one. castillo had eluded capture since friday when police say he wounded one man at a gas station and later kidnapped and killed this woman, radio host, real estate agen

i'm eric thomas. >> i'm kristen sze. the top story. almost 23,000 nurses in northern and central california are preparing to walk off the jobs at 34 hospitals this morning. the massive one-day strike is set to begin at 7:00 a.m. two-and-a-half hours from now. 5,000 sutter hospital nurses and 800 at children hospital oakland. management has been cutting support staff and overloading their ability to care for patients. part of an ongoing contract dispute. they say hospital wants to take away their paid sick days. >> we don't have the ability to stay home and be paid when we are sick, it's encouraging us to come to work sick and expose the fragile population in a way that is not good for anyone. >> at the hospital for kids we struggled financially. we had double-digit losses in a four-year period. >> you heard from the hospital side as well. 17,000 kaiser permanente nurses will support of optical and mental health workers also holding a one-day strike over benefit cuts. all the hospitals hired substitute nurses to fill in during the locko

i'm eric thomas. >> i'm kristen sze. developing news. the family of michelle le is in mourning after learning definitively that the human remains found over the weekend in an east bay canyon are those of the missing nursing student. abc7's amy hollyfield is live at the hayward police department with the latest in the murder case. amy? >> reporter: well, now investigators have to figure out how she died. it will be a challenge. the body was badly decomposed. michelle le disappeared on may 27. she has been missing for almost four months. her family organized eight searchs for her throughout rural part of alameda county and a volunteer on one of the searches on saturday found the remains in the sunol canyon. police said that le's cell phone and the phone of his suspected killer traveled on a similar path in that area. finding the body definitely helped prosecutors' case. it would be stronger if they figure out how she died. >> part of what they'll do is detailed analysis of the corpse and the body to see if there is a head trauma, skull fra

eric thomas has the morning off. >> i'm kristen sze. thank you for ending your week with us, the first day of fall. the top story we have developing news out of richmond, where pg&e crews are on the scene of a downed electrical line that caught fire and knocked out power to a few dozen homes. fell across the bed of a pick-up truck in the front lawn of a home in 1600 block of helens avenue. power lines started sparking and caught fire. the richmond police were called in to keep cars away from the scene until pg&e could kill power to the line. the downed line caused a power out knowledge the neighborhood. pg&e says 36 homes are without electricity right now. nobody was hurt. we'll continue to follow this story and bring you updates. >>> fears of a new global recession are sending overseas markets lower. the same sentiment that sent the dow to a tail spin yesterday. abc7's nick smith joins us live from the newsroom with a look at how the concerns are spreading. good morning. >> good morning. world markets are skittish as recession fears co