it comes after jeremy fogel cleared the way for the execution, scheduled for wednesday. >> the death penalty is here in california. the attorney general has the right to pursue it. the only question is shouldn't we pursue it carefully and through the courts to make sure we're doing it right? >> reporter: in 2006, judge fogel ordered prison officials to overhaul its lethal injection cocktail amid concerns it amounted to cruel and unusual punishment for inmates. since then the death row chamber at san quinten has been rebuilt and the state adopted new regulations. but those regulations haven't been reviewed by a judge. >> i think it's of grave concern that a judge is that familiar with this issue isn't willing to say let's just take a deep breath for a minute and take a look at it this rush to execution makes no sense considering the enormity and the irreversability of what we do. >> reporter: 56-year-old brown son death row for the 1980 rape and murder of a 15-year-old riverside girl. judge fogel's ruling allows the execution to go forward on the condition that brown be allowed to mak

you, judge fogel, said you needed time to examine these issues. we're untying your hands.e're going to give you that time. >> the appeals that were going yesterday and going this morning, are they going to continue at the state and federal level? >> yeah. three proceedings going on. first the federal proceeding we've just been talking about. there's a state proceeding where we're awaiting the state supreme court's decision on whether it will review that decision. and then there's also the outstanding clemency petition before governor schwarzenegger which is another loose end that needs to be tied up. >> keeping in mind that there is a shortage of pentothal, one of the drugs used in the execution as the batch that california has right now has an expiration date thursday at midnight. the execution is scheduled for 9:00 thursday night. any further delay past three hours means this is not going to be happening, this execution, until early next year the soonest. the manufacturer says he's not going to come up with another batch of this drug until next year. live in san francisc

you, judge fogel, said you needed time to examine these issues. we're untying your hands.re going to give you that time. >> the appeals that were going yesterday and going this morning, are they going to continue at the state and federal level? >> yeah. three proceedings going on. first the federal proceeding we've just been talking about. there's a state proceeding where we're awaiting the state supreme court's decision on whether it will review that decision. and then there's also the outstanding clemency petition before governor schwarzenegger which is another loose end that needs to be tied up. >> keeping in mind that there is a shortage of pentothal, one of the drugs used in the execution as the batch that california has right now has an expiration date thursday at midnight. the execution is scheduled for 9:00 thursday night. any further delay past three hours means this is not going to be happening, this execution, until early next year the soonest. the manufacturer says he's not going to come up with another batch of this drug until next year. live in san francisco,

. >> an appeals court telling judge jeremy fogel in san jose to rethink the offer of albert john to choicehe way he wanted to die, a one-shot or three-shot legal injection. brown convicted of raping and killing a 15-year-old in riverside county in 1980. governor schwarzenegger pushing back the execution from midnight tonight to 9 p.m. on thursday so that a number of appeals could be heard. and one was heard in marin county superior court yesterday. >> he is going to be executed according to protocol that is not probably enacted. >> brown cannot prove that you will suffer pain if he's executed under the current regulations and not demonstrated that he is likely to prevail. for this reason the application for a temporary retraining order is denied. >> so that attempt to delay the execution was denied but that continues to the supreme court. another an appeal at the federal level. what may actually stop the execution is a lack of serum, one ingredient needed for the execution, an expiration date of midnight thursday. so if they can get a delay of three more hours, mr. brown may live to see th

the judge fogel halted executions until the improvements were made.tate says we have done all that but attorneys argue that the state has not followed through. >> what we're talking about is short delay because of the validity of the regulations. if executions proceed... people won't have their day in court and we don't get this resolved. >> reporter: attorneys say judge fogel has and had the protocols himself to see if they have been improved. another issue, death row inmate brown was given a choice of three separate lethal injections or one, he did not make a choice so the state is going to give him three. the first shot is intended to paralyze but some say the second and third can be felt. and then pentothol being used, there is a shortage of the drug in california and others say there is barely enough for one execution, many not for anymore. there should be more available but not until early next year. there is also arguments in the 9th circuit court of appeals at the federal level they are trying to stop the execution still scheduled for right af

the judge fogel halted executions until the improvements were made. state says we have done all that but attorneys argue that the state has not followed through. >> what we're talking about is short delay because of the validity of the regulations. if executions proceed... people won't have their day in court and we don't get this resolved. >> reporter: attorneys say judge fogel has and had the protocols himself to see if they have been improved. another issue, death row inmate brown was given a choice of three separate lethal injections or one, he did not make a choice so the state is going to give him three. the first shot is intended to paralyze but some say the second and third can be felt. and then pentothol being used, there is a shortage of the drug in california and others say there is barely enough for one execution, many not for anymore. there should be more available but not until early next year. there is also arguments in the 9th circuit court of appeals at the federal level they are trying to stop the execution still scheduled for right

judge fogel says his review could take months. the attorney general's office is expected to file today to try to get the execution in possibly at its previously scheduled time, 9 p.m. tomorrow night. live in san francisco, terry mcsweeney, abc 7 news. >> terry, thanks a lot. 5:04. state legislative leaders insist budget negotiations are continuing at the staff level despite the cancellation of a big meeting between the big five. closed-door negotiations to break the record-long budget impasse were called off yesterday afternoon. a spokesman for the governor blamed union leaders are blocking pension reforms which she says are needed for solving long-term problems. they'll reconvene once they're staff works out some of the budget details. >> u.c. berkeley is cutting sports to save money. students were surprised to learn as of next year there will be no cal baseball. the school is also cutting men's and women's gymnastics and lacrosse. rugby will remain a varsity sport. state budget cuts and rising costs in the athletics department f

district court judge jeremy fogel.he ninth circuit court of appeals ordered focal to reconsider his decision and determine whether sanctions nearly full injection regulations prevent " an unnecessary risk of all constitutional pain. late this afternoon attorneys for both sides submitted arguments on that issue to judge fogel. attorney general jerry brown argued the new procedure it meets constitutional standards because it " requires confirmation that the inmate is on unconscious before the injection of the other two drugs. he concludes that because the inmate has " failed to show the new procedure creates a demonstrated risk of severe pain, his motion for a stay of execution must be denied. attorneys for death row inmate brown press for a delay san the new procedures do not measure up. among the concerns they say they no longer include a provision for checking the expiration date on drugs. they say they no longer have doctors are trained medical personnel serving in made a recording respiration observation. they also

district court judge jeremy fogel.er refusing to block the execution the court of appeals ordered full gulf to reconsider its decision to determine whether san quickens new lethal injection regulations prevent " an unnecessary risk of lung constitutional pain " carried off like this afternoon attorneys for both sides submitted arguments on that issue to judge fogel. if attorney general jerry brown argued the new preserve jolt meets constitutional standards because it " requires confirmation with the inmate is on call just before the injection of the heather to drugs ". he concludes because the inmate has " failed to show the new procedure creates a demonstrated risk of severe pain, his motion for a stay of execution must be denied " ". in this 23 page brief filed in behalf of the emit and eight attorneys say they take issue with the new procedures on all our concerns they say they no longer include a provision for checking the expiration date on drugs. they say they no longer have doctors are trained medical personnel

district judge dan fogel convicted and cleared the way for albert greenwood brown's lethal injection to go forward. the judge said brown failed to show the execution would present a demonstrated risk of veer pain and to reduce the risk -- severe pain and to reduce the risk even further the judge has given brown the option to be injected with a single drug instead of a three drug cocktail now required by the state of california. if brown chooses the one drug option and the state refuses to do that, the execution will be put on hold. brown still has two options to stop the execution. one is with the 9th circuit court of appeals. the other is with marin county superior court. dan kerman, kron 4 news. >> for analysis on the judge's ruling kron 4's jonathan bloom spoke with a law professor who studies the death penalty. >> reporter: law professor abram said the judge's 11 page opinion answers some questions about how the execution of albert brown will proceed but leaves open many larger questions about the future of executions in california. >> i think judge fogel was surprised when the s

district judge jeremy fogel to reconsider his decision.e wants to review the state's new lethal injection procedure. the state has invited fogel to visit the san quentin death chamber to clear up questions he might have about new procedures. >> an 8th person has died as a result of that natural gas pipeline explosion in san bruno. 58-year-old james franco was critically burned. he was taken off life support sunday. he rented a room downfrom where the pipeline exploded. his friends of 44 years is making the funeral arrangements. >> it's pretty dramatic when people disappear that rapidly. you're never prepared for that. >> franco grew up in pacifica and loved to surf. friends say he was loyal and generous. the home he lived in is slated to be demolished this week. >> the antioch city council voted 4-1 to allow the expansion of its wal-mart store without a review. they had concern about traffic, unfair competition and crime that might come with a 125,000 square foot superstore. they have undergone lengthy review process. the council denied th

judge fogel gave brown a choice between a one-drug lethal injection or three-drug cocktail. the appeals court says the fogel decision placed an undue burden on brown who refused to choose a method of death. production problem has caused a shortage of the drug used in both methods. brown was sentenced to death for the 1980 rape and murder of a 15-year-old riverside girl. >>> tonight the top two candidates for governor will lock horns for the first time at uc-davis. the debate is between democrat jerry brown, the state attorney general, and former two-term governor,and republican meg whitman former chief of san jose-based ebay. whitman is a political newcomer. cbs 5 political analyst james taylor says that could work both ways for her. >> jerry brown is a given, a known factor for californians. she has to overcome that. she has to convey to them that she is someone that is on their side that she is in every way committed to the advancement and improvement of the state of california as jerry brown. >> taylor says brown could tout his political experience and his track record as

judge fogel had halted all executions in 2006 to take a closer look at the three-drug lethal injection process and see if inmates were suffering extreme pain during executions. >> here the stakes are too high and there are too many uncertainties for this to continue. the court needs to stop the proceedings so we can have a careful review of all the problems and public concerns over lethal injection. >> brown will also be the first inmate to be executed in california's new lethal injection chamber which has been changed to meet new requirements. those are better equipment, lighting and space. those in favor of the death penalty are happy with the judge's decision to move forward with the execution. >> there has to be some measure of accountability, and quite frankly, if you take a life, you deserve to lose your life. >> from now until next wednesday, expect a flurry of appeals and requests. the judge will ask the marin county court to halt the execution. >>> up next, friday night lights for lindsay lohan. why she may be out of jail before last call. >>> too good to be true. the misprint

there has not been an execution in california in four years ever since the aforementioned judge fogel said the state needed a rehabbed death chamber and protocols and procedures, something that the attorneys for brown says the state still has not complied with. as of right now the execution is set for 9 p.m. thursday. if it can be pushed back by three hours, it will be delayed sometime next year when ever that other drug becomes available. terry mcsweeney, abc 7 news. >> terry, thank you. it's 5:05. new information this morning about equipment problems pg&e was experiencing just hours before the deadly san bruno gas explosion and fire. federal investigators want to know if that equipment failure was part of the lethal chain of events. jenelle wang live in the news room with more on this. >> this morning the investigation into the pg&e pipeline explosion looked into a power outage right before the explosion. it may have called what she called a perfect storm. the representative says pg&e lost power to a key part of its natural gas pipeline system at its control center in milpitas. it c

the federal ninth circuit of appeals ordered judge fogel to take more time to consider the state's newlegal appeal. adding to the confusion is the friday expiration day of the lethal drug that would be used. new drugs won't be available for several months, placing executions on hold. meantime brown has been getting visits from friends, neighbors and friend. >> heath been gathering his thoughts and preparing himself for whatever is going to take place over the course of the next couple of days. >> reporter: about two hours before the judge's ruling, about half a dozen protesters demanded an end. >> they had plenty of time to have their voices heard out here. >> reporter: three refused to leave and were arrested. they were taken in a sheriff's van. >> it's what's coming from our hearts. it's not so much the effectiveness. the effectiveness is important but it's what you truly believe in. i think you can believe in being arrested or not being arrested. >> unless the court overruled general fogel, protesters will be in place. and a slide show of imagines from san quentin is on our website

the federal ninth circuit of appeals ordered judge fogel to take more time to consider the state's newlegal appeal. adding to the confusion is the friday expiration day of the lethal drug that would be used. new drugs won't be available for several months, placing executions on hold. meantime brown has been getting visits from friends, neighbors and friend. >> heath been gathering his thoughts and preparing himself for whatever is going to take place over the course of the next couple of days. >> reporter: about two hours before the judge's ruling, about half a dozen protesters demanded an end. >> they had plenty of time to have their voices heard out here. >> reporter: three refused to leave and were arrested. they were taken in a sheriff's van. >> it's what's coming from our hearts. it's not so much the effectiveness. the effectiveness is important but it's what you truly believe in. i think you can believe in being arrested or not being arrested. >> unless the court overruled general fogel, protesters will be in place. and a slide show of imagines from san quentin is on our website

. >> reporter: brown's attorneys filed briefs with judge fogel. fogel was ordered to reconsider.he must now compare the state's new lethal injection procedures. >> reporter: either side can appeal, and a separate appeal is working it's way through the state's courts. rob roth, ktvu channel 2 news. >>> it's now been a record 90 days without a state budget and today the so called big five abruptly called off budget cuts after disputes of union pensions. the talks are continuing at the staff level. the governor's is demanding pension reform. >> the public employee union bosses are determining -- >> democrats want the governor to win through collective bargaining before they consider his proposal to changes to the pension system. >>> there's good news on the home sales front. sales rose from june to july. here in the bay area prices were up half a percent. but the report says prices are expected to decline in the coming months now that the federal tax credit has expired. >>> after an early dip in staging, wall street had a come back. investors shook off the disappointing sales report

judge fogel says the drug shortage is hardly a reason to rush execution and ordered it halted.ert brown has not proven there is a risky will suffer extreme pain during his death it appears brown has raised questions of fact as to whether california's new procedures are any better than the old ones. the judge says he will take the next few months to look into those questions in the meantime brown will remain alive. >> the execution plan execution brought demonstrators out to san quentin. others as well. this is several one of several demonstrations across the state. california has been a battleground over executions. the debate is centered on whether chemical execution is humane. we will take a break now looking good for your commute again complete @2 Ñ an aide to a person has died as a response because of the san bruno gas explosion. he lived down the street from the blast. the mayor of san bruno and lawmakers were a capitol hill testifying about the blast and what changes need to be made to improve safety. keith johnson has the latest. >> numerous state and federal utility re

---hace cuatro aÑos, el mismo juez, "jeremy fogel", declaÓ una moratoria a la pena capital en californiaa inyeccÓn letal, debido a la manera en que se administra el castigo. ---aunque ese asunto todaÍa no se ha resuelto, el estado se prepara para ejecutar al reo la proxima semana.---esto, debido a que el procurador estatal, "jerry brown" presenÓ solicitudes en varios tribunales para que se reanuden las ejecuciones, argumentando que se ha cambiado la manera en la que se administra la inyeccÓn letal. ---la policia de vallejo arresto anoche a un hombre acusado de matar a su ex-novia. ---"claudia rodas" tiene detalles del horrendo crimen. --enseguida en noticias univision 14...--hay malas noticias para los fumadores en san francisco... los supervisores dieron un nuevo paso que complicara la vida de quienes tienen este peligroso habito. ---comprar tabaco en san francisco podria ser mas dificil.---con siete votos a favor y tres en contra, la junta de supervisores aprobo una medida que expandiria la ordenanza actual, que se aprobo en 2008 y prohibe que se vendan productos derivados del tabaco e

judge fogel says the drug shortage is hardly a reason to rush brown's execution and ordered it halted until he decides, otherwise. although he has albert brown hasn't proven there's a risk he'll suffer extreme pain during his death, it appears as he's raised substantial questions of fact. in the meantime, brown will remain alive. >> the plans brought protesters. this is just one of several demonstrations across the state. california has been in debate. the debate is whether it's humane. >>> and now to decision 2010. and the first debate between the candidates for california governor. this was the scene from the uc davis campus as republican meg whitman and democrat jerry brown scare square -- squared off tonight. they traded blows on a range of issues. but mainly, the debate focused on the candidates' different stances on how to fix the state's economic woes. >> and i would start by example. i would say i will cut 15 to 20% out of the governor's office, and i'll say to the legislature it's your turn next. i'd like to see you get 15 or 20%. then we start with the agencies and go from t

that even as fogel presides over a lawsuit challenging the same procedure. brown has filed an appeal with the ninth circuit court. what they plan to do if all stays of execution fail. craig devro, san quentin, ktvu news. >>> we'll continue to follow this story during the next two hours of mornings on two. you can get updates any time by going to our channel 2 web site and clicking on the death row tab near the top of the page. >> time now 7:04. well new this morning pg&e has reported democrats line leaks at a rate a lot higher than the other pipeline operators around the country. those records show pg&e has reported 38 leaks near population centers or environmentally sensitive areas just since 2004. that's more than six times the average leak rate for the nation's six other large pipeline operators. also this earning month, congress with man jackie spear will go back to the san brown oh pipeline disaster zone to reveal her pipeline safety plan, under her plan pipelines running through earthquake zones and densely populated areas would have to have automatic

late last night a federal appeals court said judge jeremy fogel made a mistake by offering the inmate a one-drug legal injection or a three-drug cocktail. now, the court said offering a choice is not consistent with california law. >>> and later today, we will get a better snapshot in the race for california governor. it is the first debate between democrat jerry brown and republican meg whitman. they will square off in oakland with two more debates in the future. a recent poll shows brown with a slight lead over whitman, but it's within the margin of error. >>> also two earthquakes on the hayward fault shook the east bay last night. did you feel it? both quakes had a magnitude of 2.0. the first struck just before 6:00 p.m. the second quake centered near hayward struck a few hours later. >>> all right. a lot of questions but no answers after two men armed with rifles stroll into a bay area airport. surveillance video shows the men actually walking into the terminals at mineta san jose international airport saturday. they were from lawrence livermore labs and they came to pick up a col

brown would have been california's first execution in almost five years, but judge fogel suspended the execution until he finishes reviewing a lawsuit against california's lethal injection procedure. concerns that it's cruel and unusual punishment. if the first of three drugs administered doesn't work properly, the inmate could suffer extreme pain from the third drug which stops the heart. the family of brown's victim just wants it over with. here's her brother speaking about what it was like after his 15-year-old sister disappeared. >> i remember getting in the truck with my father and... [ crying ] >> ... driving up and down the... uhm....... driving up and down the streets, you know, callingherr name. >> reporter: the stay of execution is being appealed to the state court of appeals and can also go to the u.s. supreme court. but the time is running out because at midnight thursday night technically friday morning, one of the state's drugs expires and likely won't be restocked until next year. now, michael morales and mitchell sims, they are two other inmates here at san quentin that

three-drug cocktail aimed at killing the condemned but not clear, and that the recordkeeping was bad judge fogel actually rifted his own stay. he's allowing the executions it continue now because of a case in kentucky, that case, he says and the one in -- rather one in ohio and one in washington state where they've been using one-drug combinations for the past year without reporting any problems. brown's attorneys are going to the state court ave peel. there's also an appeal before the 9th court. we'll have a lot more coverage later today on ktvu channel 2 news at 5:00. >> a lot more coverage. thank you, kraig. we'll don't to follow this story on all ktvu newscasts and you can get updates any time by going to our channel 2 website and clicking on the death row tab near the top of the page. >>> today, the bay area is experiencing an early fall heatwave as an unseasonably cool summer, temperatures are soaring today, closing in on the century mark. steve paulson joins us with a look at what's causing the heatwave and the temperatures. >> it's a good thing we're not in downtown los angeles, because

judge jeremy fogel did give brown to choose between a single thee that injection or a three tail cocktail. he says he doesn't know the difference. he is supposed to make his case before monday in a separate legal challenge. >>> it is a fastest growing drug problem in the nation. today a national approach to keep prescription drugs out of the hands of kids. across the country the dea set up collection point where is people can turn in unearned drugs. >> he went to sleep and just never woke up. >> reporter: april is one of many who has lost a child to prescription drugs. >> they need to be treated as loaded weapons. they are. >> reporter: the dea agrees. much like the popular gun back program. they are featuring this take back program across the country. a relief for many like candice fitzgearld in oakland that has been trying for some time to dispose of the bags full of drugs. >> how do you get rid of them? they told me to grind them up and mix them up with kitty litter and put them in the trash. doesn't seem like a great option. >> reporter: it may not be a great one, experts say grinding

judge jeremy fogel said the state was trying to hurry the execution along before the courts reviewed new procedures put in place after a court order. one santa clara university law professor agrees the case needs to be carefully reviewed. >> at some point we need to step back and say we are examining how the state is going to kill another human being. and when we're doing that, we should want -- the people in the state should want the government to do that in a way that's appropriate, that's constitutional. >> governor arnold schwarzenegger, who delayed the execution himself on monday, says he will ask a federal appeals court to lift the stay and allow the execution to go forward. >>> this morning a search is on for a second possible suspect in a shooting outside highland hospital in oakland. a 22-year-old man was shot and is in critical condition at that hospital. police have not released the man's identity or a motive in the shooting. officers have one suspect in custody. >>> good morning, folks. let's take you to the east shore. there's a light volume of traffic. that still means

in 2006, judge jeremy fogel halted executions saying the state's lethal injection method caused great physical pain but in his ruling today the judge says brown can now choose a one drug lethal injection instead of the three drug cocktail. the judge says the one drug is less risky. brown still has two legal appeals that could halt next week's execution. >>> the man accused of kidnapping jaycee dugard and holding her hostage may never stand trial. today a judge suspended the criminal trial of phillip garrido. he says he has concerns about garrido's method competency. that means he may never stand trial for 28 counts of kidnapping, rape and false imprisonment. the judge has not even seen the psychological reports on garrido. instead, he says he based his decision on talks with garrido's lawyer and his own observations. >> when somebody wants to either go to trial for crazy reasons or wants to not go to trial for crazy reasons, that person is not competent. >> criminal proceedings against garrido's wife may still continue. the couple is accused of keeping dugard and her two daughters cap

. >> fogel ordered california to fix its execution protocol four years ago when first add to review the new system, he review -- refused. yesterday a higher court ordered him to do it. the state supply of the drugs will expire friday, month more available until next year. the court foled foggel it's incredible to think the process might be driven by expireation date of the drug. >> take the hint, judge. take more time. i mean mr. brown is not going anywhere. >> this death penalty attorney thinks the judge should take time deciding. >> and assuming all of is the rights down. have you right procedure, you can gather back and early 2011 and kill him in your nice, new chamber. >> brown convicted in 1982 for the 1980 rape and murder of a riverside teenager, susan jordan. brown's reprieve runs out at 9:00 thursday night. foggel could issue a temporary stay to give him more time to think about it and might issue a permanent stay or give ago ahead, surely setting off another round of appeals to courts including u.s. supreme court. carol? >> all right. and though the execution was delayed until

judge jeremy fogel said he didn't have enough time to weigh the constitutional issue surrounding thease. this comes after federal appeals court last tonight told the judge to reconsider whet to grant a stay of execution. the panel expressed concern about the state new execution procedure. as well as the time table for executing brown. the state existing supply of the first drug used in execution expires on friday. higher court doesn't reverse the decision by mid nature friday the state will be unable to execute brown for several months. >> real mystery in the east bay. someone dumped a dead bear in san leandro. the 300 pound animal major thorough fare and amy is in san leandro live tonight. this has to be a first. >>reporter: this is definitely my first dead bear in a strip mall story. this is so bizarre. found writ here in front of this liquor store. it was 6:30 at night. it was open. check it out. very busy strip mall. also a deli here. there's a taco restaurant. they were all open. it makes the strange story even more unbelievable. here are picture people took of the bear. it was

judge fogel is saying albert brown must either give up his rights under the federal constitution or his rights under state law. it is completely unfair. >> the 9th circuit court of appeal will look at several of the issues including the judge's ruling itself. the judge, who said there are several significant issues he didn't have time to really examine, the 9th circuit could say we need to make the time. we need to stay the exexcuse and review all these issues in the case. >> and the decision obviously wasn't today but on friday. a judge halted executions in california 2006, agreeing with a legal challenge which claimed procedures for a three drug cock stale aimed at killing the condemned were not clear, recordkeeping was bad and the death chamber too dimly lit for staff to monitor the procedure. the u.s. district judge says he is now allowing it to proceed because of a supreme court ruling in 2008 upheld lethal injections in kentucky and because ohio and washington state have been using one drug excuses for the past year with no reported problems. that, even as he continues to preside

they are enlisting judge jeremy fogel.e will submit by today whether or not the lethal injection can be administered as a single dose instead of a triple shot. >>> a police chase spanning from the north bay to the east bay. this is where it ended at roosevelt street and harbor way in richmond but began when vallejo police chased a stolen car at speeds above 100 mph. the car eventually crashed into a parked truck near roosevelt street. this truck caught fire and the flames with apartments on six floors. firefighters put the fire out quickly and determined the building was damaged but still safe enough for residents to return. the driver of the car is hospitalized with moderate injuries. police say he faces numerous charges. a female passenger was also detained. >> richmond is the latest bay area city to regulate marijuana dispensaries. the city council approved a measure last night that limits the city to just three medical marijuana dispensaries. patients will be limited to purchasing one ounce per day. the police chief wi

federal judge jeremy fogel and san jose had blocked executions in 2006 because the state's legal injection method caused great physical pain. state lawyers say the new death chamber better staff training and new lethal injection regulations have addressed that. >>> 5:07. let's check your commute. gianna, how's it looking in vallejo? that was where that big rig accident was, right? >> yeah, overturned big rig. i just got word. we watched caltrans leave the scene. this is video shot moments ago. they are clearing it. it's an overturned big rig that happened a few hours ago. right now the columbus parkway off-ramp is shut down from westbound 80 as well as the eastbound 37 ramp to columbus parkway but again, i just got word that they may have completely cleared this out of the way or are in the process of. hopefully we'll have an update. we have a live reporter at the scene. westbound 80 to redwood and east 80 to columbus to get around it. right now bay bridge toll plaza, friday light through that portion. metering lights are still off. that's a look at your traffic. here's tracy with your for

district court jeremy fogel to allow the execution of albert greenwood brown. the judge has ordered the state to submit evidence by today showing the lethal injection procedure can be administered as a single dose rather than the previous three-drug regimen. the debate to resume executions is becoming a political hot topic as well. attorney general jerry brown wants to reinstate the death penalty even though he personally oppose it had when he was governor. in a statement released yesterday, he said as governor he pledged to uphold the law, as attorney general he pledged to uphold the law and he will continue to do so when he is governor next year. republican candidate meg whitman released a statement blasting his statement saying even on matters of life and death jerry brown is willing to play politics. none of this squares with his record and must have supporters scratching their heads. >> richmond the latest city to regulate marijuana dispensaries. the city council approved a measure that limits the city to three medical marijuana dispensaries. patients will

federal judge jeremy fogel and san jose had blocked executions in 2006 because the state's legal injection method caused great physical pain. state lawyers say the new death chamber better staff training and new lethal injection regulations have addressed that. >>> carly fiorina's first general election tv ad is out. she is taking aim at barbara boxer using video that's made the rounds on youtube. >> you know, do me a faye, you could say senator instead of ma'am? it's just a thing of the i worked so hard to get that title. i'd appreciate it. yes, thank you. >> 28 years in washington, and barbara boxer works hard for a title? i'll really go to work to end the arrogance in washington. >> senator boxers said she called the brigadier genwal, of the army corps of engineers to apologize but he said it wasn't necessary. >>> time 6:13. oh, the benefits, the text message these days. the new program just launched at two bay area hospitals and it's a first in northern california. >> our forecast foretoday, warmer weather in store for this -- our forecast for today, warmer weather in store for this su

. >> reporter: in fact, federal judge jeremy fogel gave albert greenwood brown until 6:00 tomorrow to, as you mentioned, decide how he will die. the judge ruled that the convicted rapist and murderer of a 15-year-old girl from southern california in 1980 has two options, a single shot of lethal chemicals or a triple cocktail of chemicals. it's an offer that's baffling to legal scholars. and that is because the triple cocktail is nothing new. this is the method the state was using before lethal injections were challenge. the cocktail knocks out the prisoner, the second stops breathing, the third stops the heart. but the single shot is the overdose 25 times the drug given to knock outpatients before surgery. >> there are some reasons to argue that the one drug method actually might be more humane. and that is sort of what this is about. if brown decides to go for the one drug execution, the state under this ruling is going to be obliged to comply in which case there is no stay of execution and this is just going forward the way it is schedule. if however brown goes for the single drug m

this is after judge jerry fogel was ordered by the north circuit court of appeals to reconsider his decisionwhether not to block the execution. now he is still not and there will be no execution at 9:00 p.m. the reprieve for upper greenland route at this point. live in the newsroom kron 4 news. >> a live look excited oakland lake merritt in makes for a beautiful picture on this tuesday evening as sun begins to set. nicosia water moving a bit so there must be a bit of a breeze outside but it is still warm evening in the bay area will be right back. warm evening in the bay area will be right back. [ male announcer ] barbara boxer. she fought to get our veterans the first full combat care center in california. her after school law is keeping a million kids off the street and out of gangs. and she's fighting every day to create new jobs. i'm working to make california the leader in clean energy. to jump-start our small businesses with tax credits and loans to create thousands more california jobs. i'm barbara boxer, and i approve this message... because i want to see the words made in america ag

is scheduled to die a legal injunctioection on wed >> james fogel, u.s.s clearing the way for a judge has given the option to be a single drug injection instead of a triple drug introductioand if he choose drug injection? and the execution to be put on hold. brown still has two different options to stop the execution. one is with the ninth district court of appeals and the other is within marin county supreme court. dan kerman, kron 4 news. >> henry tannenbaum has been enjoying these trucks and boats on the bay. >> you can see the are loading up the next group. -boats. groups. and as they are getting started, this is where they form. >> did you finish? >> yes. >> how did it go? >> second place. >> great! >> me more, there is a strategy meeting going on and let me see what is going on to what they have to say. >> and to push yourself harder than you ever thought you could. focus! the task. ignore the television camera. >> these folks are really serious. >> and to push ourselves harder than you really ever could. >> please let me interrupt, is this recreati