the head of the ntsb accompanied u.s. representative jackie spear today on a tour of the area that her agency has spent the last nine months investigating. >> we are indeed making progress with this accident investigation and learning things and changing things so this type of event won't occur again. >> reporter: now the ntsb knows it happened before. back in 1988 there was a leak nine miles from here on line 132, the same one that ruptured last september. what upsets ntsb chief is that it took nearly five months after asking for all of the information about prior incidents on that pipeline for pg&e to inform the ntsb about it. >> we certainly would have expected to see that earlier in this process. >> reporter: she says the ntsb wanted to complete its investigation into the san bruno fire within a year of the accident, but this kind of delay may have slowed down the agency. brian swanson says the utility wasn't trying to hide anything from the ntsb, swanson says it was a small leak that was discovered during an annual i

that's one of the reason 80 ntsb got involved. the information given indicated a 1998 gas leak on the same line. the chairman indicates there needs to be stronger measures to make sure -- to make sure that pg&e and other utilities don't make the same mistake in the future. >> this goes back to pg&e having good information. if they don't have good information about what type of leak history they have on their line, they won't be able to make good information available as to what needs to be done as far as oversight, replacement, repair of that line. >> reporter: today, the ntsb is offering through new recommendations, sharing information about the age, repair, last time repaired, along with control room operators contacting 911 operators if a leak is even suspected. this comes after a construction company announce its closedure. that -- closure. that company was helping pg&e customers. tom vacar will have more on this at 5:00. they do hope to have all of these detailed wrapped up by the fall. >>> apple is known for thinking creativ

. >> reporter: the head of the ntsb said certain pg&e records demanded months ago about the pipeline that exploded are too slow in coming, especially the most recent one. >> there was a record that they had a leak that was repaired in 1988. it occurred nine miles south of this location. >> i am very dismayed to find that at this late date pg&e is providing the ntsb with what is really critical information. >> we do not know why pg&e did not provide this information to our investigators. i think that's a question that you would have to ask pg&e. >> so we asked pg&e about the leak which it says was small repaired 23 years ago. >> we discovered this document about a leak online 132 in 1988 around may 20th will. we thought it might be relevant to the ntsb's investigation so we shared it with them immediately. >> reporter: the more records may come to light. >> we are literally using hundreds of employees to comb through millions of documents that are throughout our service area and stored in local offices throughout our service area. >> reporter: ntsb also officially recommended that all

ntsb says a train collides with vehicle or person every 100 minutes. >>> new york republican led state senate voted tonight to approve gay marriage. >> aye 33 and nay 29. supporters calling it historic step as new york will become the sixth and by far the largest state to legalize same sex marriage. democratic governor andrew cuomo lobbied hard for the bill and promised to sign it into law. >> we reach a new level of social justice this evening. marriage equality. said to the legislators you look at the first word marriage. really about the second word equality. it's really about new yorkers brother and sisters looking at us and saying we want equality.

. >> the faa and ntsb both are investigating that crash. >> we want to check in with sal and see how things are moving, especially the bay bridge toll plaza. >>> going to see slow traffic for sure. the traffic will be backed up. there's a crash when you get to the other site on highway 101. there's a four-car crash. this is south of candlestick park. we'll have more on that coming up in just a moment. let's move along and take a look at the commute here. if you are driving on 808 northbound -- 880 northbound, you'll see traffic is busy, but it's not stop and go just yet. if you're driving in the south bay, the traffic is okay. 101 is to be avoided in san francisco and northbound as you can see here. let me see if i can circle it for you. this hear here, right here between let's say the airport

the ntsb plans to look into the driving and medical reports of the truck driver. obviously, the numbers on all of that will be changing throughout the day. we'll keep you posted here on cbs 5. >>> the coastguard rescued a man who fell off of his kayak in the waters near the richmond san rafael bridge early this morning. paramedics treated him for hypothermia. he tumbled off his boat around 1:00 this morning near red rock island. he did luckily have a life jacket on, which kept him floating until a coastguard crew could pull him out of the water. >>> a man honored for his colorful murals in bay area schools is now accused of embedding pornographic material in his work. anthony norris was arrested by the fbi last month and accused of possessing child pornography. as the founder and director of a group called kid serve, he had worked with school children to create outdoor murals like that one. but after his arrest, a school district team found what it called offensive material at four schools. >> negative of a photograph that is inlaid behind the clear tile itself, t

pg&e informed the ntsb about it recently. >> we do not know why pg&e did not provide this information to our investigators. that is a question you have to ask pg&e. we are glad to have this information now, but we would have expected to see it sooner. >> reporter: pg&e's delay may have slowed down this information. san bruno residents and victims could finally have answers. >> what we're concerned about is the process that prevented them from providing this information. >> reporter: pg&e spokesman says there was nothing deliberate about the slow pace. as soon as employees discovered the document they turned it over to the ntsb but it took months to find it. >> our records should not be in the state they are in right now. it shouldn't take a tragedy to repair that. that is what we are doing now. >> reporter: now that pg&e spokesman told us he would have to check the records to find out exactly what happened on the night of the fire. but it is well established it took about 16 minutes for pg&e to inform ntsb. >>> gone without a trace, a man was found on the uc santa cruz campus. the vic

what the ntsb's role is, is to find out what happened and how it happened and to make recommendationsprevent a similar accident from occurring in another community. >> reporter: of course, the blast occurred on september 9, killed 8 people, injured dozens and destroyed 38 homes in this neighborhood. the ntsb says its goal is to finish the investigation within a year but that it's not planning on skirting any part of the investigation to meet that goal. they want to make sure that this investigation is thorough. i just got off the phone with a representative from pg&e. he said they weren't hiding anything. it just took them that long to find the particular records. they had a lot of trouble finding records a few months back when they were poring through documents at the cow palace. he says they are working on this recordkeeping dilemma that they have had for months now. we'll have more on this tonight on cbs 5 at 5:00. >> thank you. >>> we have just learned that los angeles police department have turned over the bryan stow beating investigation to robbery and homicide detectives. lapd

. >> we are sensitive to cell phone use at ntsb as one indicator of distraction. we have yet to identify if the driver had a cell phone in his possession. >> now the john david trucking company, employer of the trucker who crashed into the train, is coming under fire and that is because the department of public safety cited this company for unsafe driving, cargo violations, oil leaks, drivers not wearing seat belts and several other violations, that is in addition to two citations in the past two years for crashes. but experts say the investigation is still pretty new and it is hard to say at this point if these violations are unusual for the trucking industry. as for those missing passengers, ntsb says some of those passengers may have gotten off the train before the crash or they may have walked away from the scene without checking in with officials that search continues for those five individuals missing and investigators will meet with the trucking company tomorrow the look at the medical history of the driver and look at his driving record. >>> find out what

. >>> the ntsb is investigating the crash of a small plane last night.st before coming to rest on its roof at the airport. all three passengers were able to walk away. paramedicking ended uptaking -- paramedics ended up taking a man to the hospital. >>> the weekend is here and so is mark. of the two days one is going to be warmer. >> yes. gasia, temperatures will cool off but the sunday we will have warmer temperatures moving up, at least moving into our forecast area. right now on the map, mostly clear skies, the fog bank closer to monterey bay. the low cloud cover will increase in coverage over the next few hours. getting the breeze in place. with that it will import the fog into the bay late tonight into early tomorrow morning. here is a look at the highs from today. we have been cooling off. warmest locations still talking about 80s out towards barefield and antioch. san jose, 79. downtown san francisco the official high at 65 degrees. here is a look at the forecast headline for tonight. partly cloudy skies, like i said, the fog redevelops this weeke

ntsb investigators will investigate the back ground of the big rig driver, who was killed in the crash. >> well, the human performance team will take a closer look at the driver, his history, develop a 72-hour history, look for fatigue issues. there's a large number of issues that will be looked for. >> reporter: meanwhile, county coroner workers continue to sift through rubble of two badly burned passenger cars, looking for bodies. forensic anthropologist is expected to join the team today and tomorrow. among the known dead is conductor laura lee, a 68-year- old grandmother who lived in concord until two years ago when she moved to lake tahoe. 47 years as a conductor, eleni walker has seen a lot, but wasn't on board friday when his train, the california zephyr, was struck. he was on vacation while another conductor was filling in. >> it's a strange feeling, because there's a feeling of relief that you're not there and there's also a strange feeling of somehow i should have been there. >> reporter: the woman who filled in for him was killed. talking about the crash, he chokes up. >> i

but the ntsb says it's one area they will be looking at. >> the vehicle factors, focusing on vehicle records, the truck equipment, whether the systems are all functioning properly, whether there are any recording devices that can provide data. >> reporter: the ap says the company's been cited for two crashes in the last two years. a january inspection found trailer tires so bald that the rig was deemed an eminent hazard to public safety. ntsb investigators will also be investigating the background of the big rig driver who was killed in the crash. >> well, as i said, the team will take a closer look at the driver, his history, develop a 72-hour history, look for fatigue issues. there's a large number of issues that will be looked for. >> reporter: meanwhile, county coroner workers continue to sift through rubble too badly burned railcars, looking for bodies. a forensic anthropologist is expected to join the team tomorrow. >> the truck driver and the train's 68-year-old driver, identified as laura lee, are among the dead. officials are working to confirm the others' identities. >> don

now, the ntsb is on the scene, combing through the wreckage. meanwhile, a huge news conference is scheduled for tomorrow. that bus headed for emeryville has to make a number of stops before it arrives here. we are expecting it here within the hour. reporting live in emeryville, cheryl hurd, nbc bay area news. >> thank you very much, cheryl. >>> a possible shift in the brian stow beating case. sit possible the wrong man is behind bars? for the first time the lapd has opened the possibility that building a case against ramirez may not be that easy. george kiriyama joins us with the latest on the investigation. george? >> reporter: jessica, the lapd chief made it clear he still expects ramirez will be convicted, but this afternoon, chief beck turned some heads when he opened the door to the possibility that charges against ramirez may not happen. lapd chief charlie beck perked up ears when he acknowledged for the first time the possibility of a different outcome in the brian stow investigation. >> if it leads to conviction, exoneration, wherever i

ntsb investigators are on the way to the scene to examine the empty shell of train and truck and try to piece together what caused the crash. one witness says the semi hit the fourth car on the train and two cars caught fire. now, anyone with questions about family or friends on that train can call amtrak at the number at the bottom of the screen. (800)523-9101. and amtrak says that those who are well enough to travel are going to be bused to sacramento from the reno area from sacramento, they are going to get on board a capitol corridor train that will make its way to emeryville, probably very late tonight. elizabeth? >> sharon chin in emeryville, thank you. >>> tonight, an artist well known for his murals that hang in a number of san francisco schools is also a child porn suspect. now police think some of the offensive images that got him into trouble may have helped inspire some of his work. linda yee is in san francisco to show us what police found in those murals. linda. >> reporter: well, elizabeth, the mural you see behind me is one of the murals that police say had sexually e

. >> a press conference by the ntsb is expected to get underway near reno. so far, the own confirmed dead, the driver of a semi-truck that hit the train and the train conductors, but amtrak said there were multiple passenger deaths. >> recovery delayed due to fears the train cars could collapse. 16 federal investigators are on the scene. is. >> we will not be determining the probable cause of this accident while we are here on the scene, nor will we speculate about what may have caused the accident >> reporter: those investigators now say the driver of the semi-apparently tried to stop before slamming into the california zephyr. more than 200 people were on the train. >> is. ktvu caught up with some of the passengers when they finally arrived last night. one woman who was traveling with five members of her family said she thought she would lose them all when she saw flames. >> flames, fire shot by the windows and we just kind of ran to the back of the train and got off. >> i heard a lot of screaming and there was a lot going on. >> the last passenger said sh

the ntsb is still investigating last september's explosion, which sparked a fireball. it destroyed a neighborhood, killing eight people, injuring dozens, and leveling 38 homes. >>> well, can fooling nature be easier than you might think? >> i just knew that we had to try something different this time. so that maybe could, you know, get the grill. >> they say you are what you eat. but can a certain diet affect whether you're more likely to give birth to a boy or a girl? what some couples are doing and the potential pitfalls. >>> also ahead, one bay area city becomes the largest in the nation to offer nannies a very valuable perk. >>> plus, high-tech talk. the atms that can tell if you're lying. >>> good evening. i'm chief meteorologist jeff ranieri. we did have one 80 degree temperature today, but not quite there for san jose with only 75. we'll have more low clouds tonight. however, some of the warmest weather we have had in months could be coming our way. you won't want to miss this seven-day forestg cinom.up ♪ [ woman ] this icelandic mud was working wonders on my sk

now, the ntsb is still investigating that explosion in september. eight people were killed. dozens more were hurt. 38 homes were destroyed. now, the agency sharewoman debra herzman is expected to visit with victims and also relatives of those who died, along with meeting with pacific gas & electric officials and local authorities. the final report on this is expected later this year. >>> if you are visiting lake tahoe this week, can you see smoke near the lake? the forest service says don't worry. the crews are setting preplanned burns to clear away the overgrown underbrush. the burns are scheduled through friday on the south end end of the lake and wednesday and thursday on the northwest shore. 8:06. bay area health officials are asking for help today in the testing of a website that would help dispense medicine in the event of an infection -- infectious disease emergency. >>> participants are being asked to spend about ten minutes filling out a form and a short survey. the information will be used to create an emergency screening questionnaire that helps match people with

this is not just advocates opinion, but the opinion of the ntsb as well. congress must act now and insure the safety improvements that ntsb has recommended are implemented. hr 873 will protect consumers before they buy a ticket and after they take this seat in the trip begins. for example, there are no training requirements and federal regulations for entry- level commercial drivers, including motor coach drivers. compare that to a recent proposed faa role issued at the direction of congress that requires at least 1500 hours of flight time before a pilot can operate a commercial flight. also, safety ratings for motor coach companies are incomplete, out of date, or simply not available. in my testimony, a reference efforts by advocates staff to find out about the safety of ford motor cars companies. there are 143 companies headquartered in florida. 36 have no safety ratings at all. five companies are operating with conditional ratings, indicating there are safety deficiencies. among the 100 companies with satisfactory safety ratings, only to have ratings in

this is not just advocates opinion, but the opinion of the ntsbs well.ongress must act now and insure the safety improments that ntsb has recommended are implemented. hr 873 will protect consumers before they buy a ticket and after they take this seat in the trip begins. for example, there are no training ruirements and federal regulations for entry- level commercial drivers, including motor coach drivers. compare that to a recent proposed faa role issued at the direction of congress that requires at least 1500 hours of flight time before a pilot can operate a commercial flight. also, safety ratings for motor coach companies are incomplete, out of date, or simply not available. in my testimony, a reference efforts by advocates staff to find out about the safety of ford motor cars companies. there are 143 companies headquartered in florida. 36 have no safety ratings at all. five companies are operating with conditional ratings, indicating there are safety deficiencies. among the 100 companies with satisfactory safety ratings, only to have ratings in categ

thriller for auctioneers selling an iconic piece of michael jackson enemy >> alan: coming up at 6:00, the ntsbw revealing new details about the collision between an amtrak train and a big rig. >>> and then this. >> are you a flake? >> alan: a fox news host surprisingly blunt question for congresswoman michelle bachmann. >>> they say everything is big in texas, and the man from austin, texas, proved just how big of a michael jackson fan he is. a comomentds -- he paid $1.8 million for the black and red leather jacket worn in the thriller video. it was expected to bring in $400,000. the jacket will be sent on tour used as a fundraising tool for children's charities. jacket goes on tour. that's it for us at 5:00.

. >> the ntsb is now looking into the safety report of the trucking company that owned the big rig. they still did not know why the truck did not stop. the conductor was also killed in the crash and five people are still unaccounted for. >>> a second person has now died after a car crashed into a nursing home. suzanne infantty died from her injuries yesterday. police the 90-year-old driver hit the gas pedal instead of the brakes and the car crashed through the window. two people are being treated at hospitals. the driver has not been charged. >>> right now, a danville teenager remains in the hospital following a weekend accident at a cruz county beach. on saturday, 17-year-old ryan buchanan went to sunset state beach with a group from creekside community church. he was critically injured when the sand tunnel he was digging collapsed on top of him. he was taken to san jose's valley medical center. doctors say his heartbeat is strong and his first brain scan was encouraging a. >>> there's no video out showing beaten giants' fan bryan stow in an argument with another man. the cell phon

now that wreckage is evidence that the ntsb is working to document and find out just what happened. >> we are here to find out what happened and why it happened. >> reporter: but officials say it will be a long and complicated process. as a first priority they have work crews going through the train searching for those unaccounted for. then they have teams looking into the drivers' history. but the investigation could take days or even weeks before they reach any conclusion. >> we will not be determining the probable cause of this accident while we're on scene. nor will we speculate but what could have caused the accident. >> reporter: says there is evidence the driver of the big rig tried to stop the truck moments before it ran into the train. 16 investigators were on the scene today. they say it could take up to a year to determine the cause of the crash. >>> some bay area headlines, the sky will light up. after cans elk the -- cans canceling the fireworks for lack of money, organizers pulled in more than $7000. documents dating back to the 1960s show a history of flawed wells that

this is not just advocates opinion, but the opinion of the ntsb as well.ongress must act now and insure the safety improvements that ntsb has recmended are implemented. hr 873 will protect consumers before they buy a ticket and after they take this seat in the trip begins. for example, there are no training requirements and federal regulations for entry- level commercial drivers, including motor coach drivers. compare that to a recent proposed faa role issued at the direction of cgress that requires at least 1500 hours of flight time before a pilot can operate a commercial flight. also, safety ratings for motor coach companies are incomplete, out of date, or simply not available. in my testimony, a reference efforts by advocates staff to find out about the safety of ford motor cars companies. there are 143 companies headquartered in florida. 36 have no safety ratings at all. five companies are operating with conditional ratings, indicating there are safety deficiencies. among the 100 companies with satisfactory safety ratings, only to have ratings in categ

a semi truck slammed into the train friday. 18 investigators from ntsb will continue to examine the wreckage. it was leading a three truck convoy, it skidded 300 feet. the truck driver and train's conductor are among the dead, the conductor, had lived in concord for two decades before recently moving south to lake tahoe the assistant conductor was seriously hurt among 20 people in all were injured. >>> the woman behind the wheel of a car that crashed into a south bay nursing home will not face charges, officers say it was an accident that happened yesterday morning amber wood gardens nursing home peter son avenue in san jose. officers say 88-year-oldester was killed when a car slammed into a wall and into a room where dementia patients were meeting for a class a 90-year- old woman was behind the wheel she was trying to park but instead she hit the gas pedal the accident shocked workers and family. >>> he's in shock. he's in shock. i don't know what to do to get him out of here. >>> the driver survived paramedics transported the six residentone staffer to local hospital. >>> 7:33 a.m. tens of

the ntsb investigating the trucking company and driver.ials say the company has been flagged for 19 past safety violations. truck slammed into an amtrak passenger train at a railroad crossing sparking a fire. six died, 20 still unaccounted for. the ntsb says the investigation could take up to a year to come up with answers. >>> a school bus packed with children flipped over and flattened in pennsylvania. 15 children and eight adults are recovering this morning. a car attempting to pass the bus lost control, spinning sideways. police say that the bus then smashed into the car, clipped a guardrail, rolleden to its roof. police say emergency crews had to extricate three children pinned inside the bus but there were no serious injuries. >> that's the amazing part. look at that bus. >> every parent looks at a picture like that. you want to throw up. >>> a florida woman says airport security went too far patting down her 95-year-old mother who has cancer and asking her to remove her adult diaper. the tsa says it is sticking by its agents saying

the ntsb is out at the crash scene, so we can expect more details to emerge in the coming days. a final report is not expected for months. live in emeriville, kemperly terry nbc bay area news. >>> a fire in the east bay seriously injured one person. firefighters rescued the woman from her burning home around 1:00 this morning. the victim is snot not expected to survive. neighbors called 911 when they saw the flames, firefighters found the well passed out just inside the front door of the home. >> the victim was unconscious and unresponsive upon arrival. she had very shallow respirations. the paramedics provided intubation, iv's and resuscitated the victim and transferred her to the burn center. >> contra costa fire protection district is investigating the cause of the fire, but says it appears to be accidental. >>> we have an update on a story we first reported last weekend. police in the north bay released the sketch of a man who assaulted a woman last week. the asail an the is described as white, bald and 30 to 35 years old. he's described as tall between 62 and 6'4". he has a

. >>> the head of the ntsb visited san bruno today and offer new revelations about the pipeline that exploded last summer. documents provided by pg&e shows there was a gas leak on the line that exploded back in 1980 that was never reported. he recommended that all pipeline operators give emergency responders detailed information on the underground lines. >> they do not have information about the league history and they will not be in a position to make good risk assessments about what needs to be done with respect to oversight, replacement, repair. >> reporter: pg&e tells us it only recently came across the document about the prior leak, which was fixed immediately. >> muni officers voted on a new contract agreement that would freeze wages for the next three years and change was regarding part-time -- part-time workers and will release the information around 10:00. >>> utile real estate agent william wilkins is leading a contest to take over mayor joanne ward's place. >>> san jose's mayor and city council are following their own advice, taking a 10% pay cuts. they have asked all city

. >>> early this morning, the head of the ntsb is going to visit the site of the deadly san bruno pipeline explosion. officials are expected to give an update of the pipeline rupture. n.t.s.b. investigators are looking into what caused the pipeline to explode last september. the report is due out later this year. >> the highway patrol is investigating how a big rig driver plunged off an on-ramp off of i-80. the truck fell 30 feet. the driver suffered a broken arm. nobody else was hurt in the accident. >> the bay area toll authority want to catch cheaters that use the toll lanes. more toll cheaters are using the lanes without paying. the 14 mile stretch is free to carpoolers but open to single drivers who have to pay a fee based on traffic congestion at the time. the tolls is automatically fastrak account. cameras would be used to identify drivers that enter the lanes in illegal spots. >> they are approving a plan to transform treasure island. it brings apartments and new homes and the downtown to the small island. opponents of the project claim would it harm the environment and make traffi

the ntsb says since september the company has had seven violations from 19 random road side inspections. in one case the tires on the tractor-trailer were so balled they were immediately taken off the road. but lee's children say they haven't been focusing on the investigation. their thoughts are with their mother. >> she is a very big person and a very big voice and a heart about three times bigger than her voice. she looked out for everyone. >> investigators are looking at a number of other factors that may have played a role in the crash including fatigue, driver inattention and drugs and alcohol. lilian kim, abc7 news. >> thank you, lilian. >>> now, in the first three months of this year, amtrak has had 36 accidents at grade crossings. 11 of those were fatal. that's according to the federal railroad administration. and in the period between 2005 and 2010, 309 people were killed in amtrak crashes. an average of 62 people killed every year. >>> meanwhile, the union pacific track, the amtrak train was on has reopened. shipments have resumed on the union pacific rail line that runs acro

although the full ntsb investigation will take months, investigators hope to know more about the big rig's driver condition including his medical history and what he was like when he was behind the wheel on friday. >> miguel, thanks. >>> the capture this week of the boston gangster james "white any" bulger has brought renewed attention to an icon of the fbi. the most wanted list. it was also a reminder in this digital age, old fashioned mug shots are not enough. we have more from pete williams. >> reporter: what was it that the fbi says led agents to the california apartment where whitey bulger was living? publicity. >> this is an announcement by the fbi. have you seen this woman? >> reporter: the day after this tv ad began running seeking help in finding bulger's girlfriend, the fbi got a tip leading them to her and bulger at their apartment in santa monica, though the ad itself did not run in the los angeles area. >> about how they are trying to catch whitey bulger -- >> reporter: stories were seen. in local and national media. >> of their current strategy to find whitey by finding

we will have the ntsb update next. >> in the news this morning on sunday june 26th. fire sends people to the

now his cell phone is being sent to the ntsb's laboratory in washington.rs want to know if valli was distracted with texting or talking on the phone right before that crash. >>> some progress in oakland's efforts to reduce its $58 million budget deficit. all the major unions representing city workers have reached tentative agreements on concessions. among them, police officers, firefighters, and workers in three other unions would pay 9% of their pension plans. the agreements would save the city an estimated $40 million a year. the deal still needs approval from the rank-and-file. >>> the state legislature voting on a new budget proposal. governor brown announced this plan yesterday with democratic leaders. they say it will close a $9.6 billion deficit with a combination of more cuts and newly projected revenues. the governor is abandoning his push for a special election this fall to extend tax increases. >>> time now 5:38. frightening stats about people saving money for a rainy day. that's coming up next in your moneywatch report. >>> i'm joel brown in wa

ntsb investigators are trying to determine what caused the truck to crash. >> don't know what the cause was or why there was a failure to stop at that crossing gate. >> authorities say it appears the safety gate's license lights and bells were working and it hasn't had an accident in the last 20 years. once again, a number of the surviving passengers are on buses right now. they're on their way back to the emeryville station. amtrak doesn't know what time they are expected to arrive. sometime in the wee hours of the morning. possibly around 2:00 a.m. or so. >> sharon chin with the very latest. >>> as tens and thousands celebrate gay pride in san francisco this weekend, lawmakers in new york have legalized same sex marriage. >> it means that all of my friends can finally do the things that they wanted to do that i can do. it means that we're equal. >> tonight senate vote came after a week of intense lobbying from both side of the issue. the swing vote came from steven, a republican who changed his position. >> i know my vote is a vote of conscious. >> it hasn't been approved by the peopl

his cell phone is being sent to the ntsb's laboratory in washington.gators want to determine if valli was texting or even talking on the phone right before the crash. >>> the reward is now up to $1,000 in hopes of finding the thug who shot two peregrine falcons in oakland. kcbs radio's matt bigler joins us with an update on the birds' conditions. good morning. >> reporter: good morning. yeah. falcon fans here in san jose have been outraged at the shooting of these two peregrine falcons in oakland earlier this month especially since one of them is mate of a baby chick born on top of san jose city hall back in 2008. we'll have more on that in just a sec but first, as you mention. , it was earlier this month that these two falcons were found in oakland with pellet wounds in their bodies and wings. they were rushed immediately to the lindsey wildlife museum where susan heckly says they underwent immediate surgery. >> it's guarded prognosis because we don't know how everything is going to happen. we don't know if the bones will knit together properly. we do

as for the missing passengers, ntsb says some of them may have gotten off the train before the crash and that would account for why they weren't found or walked away from the scene without checking in. investigators continue to search for those five individuals today, tuesday they will meet with the trucking company that employed the trucker that crashed into the train to find out more about his medical history, training and experience. >>> christy in emoryville thank you. >>> a second person has now died from her injuries after a car slammed into a san jose nursing home 100-year-old susannah, and 88-year-oldester were killed and several others were injured in saturday's crash. the 90-year-old driver hit the gas pedal instead of a brake. it crashed into the common woman at the amber wood gardens home -- common room at the amber wood gardens home. >>> a mother saying she just ran over her own child 4-year- old boy is on life support at children's hospital in oakland. police say the boy had been playing in the front yard on saturday morning but he walked into the drive way his mother w

the ntsb plans to visit the company this week. the current plan is to do that starting tuesday. at that time we'll be reviewing not only the company records but the driver's records. >> authorities plan to look thoroughly the record data from the train in addition to the truckdriver's cell phone records. at this point they don't know whether the driver had a cell phone at the time. they want to find out if he was either talking or texting before impact. an autopsy will be conducted to determine the driver's physical state including whether he was under the influence of drugs or alcohol. we're also learning about the victims in the deadly crash. the train's conductor a long time bay area resident is among the six people dead. in concord, kimberly spoke to his grandson. >> reporter: as you can imagine, loved ones are grieving the matriarch of the family. they say they are till coming to terms with her death and also waiting for other families to arrive here in the area loretta lee was the conductor. she's the mother of three, grandmother of five and came from a railroad family wit

tomorrow ntsb officials are going to go to the company that owns a truck to get more information.al information, and background information of that driver. that is the very latest, more at 6:00 p.m. reporting live from mcreynolds, kron 4 news >>catherine: grant lotus-- thank you. this woman refused to remove her head dress however, she was cast removed it and suspended and then fired for refusing refusing. the ohio-based company could not be immediately reached for comment. (music) >> jacqueline: a live look from our roof cam sunny skies over san francisco finally! that fog was stubborn to clear with better conditions. 60s inland, 80s further inland. 60s along the coast with the changes coming as we go towards tomorrow. this storm makes its way towards the bay area and how long this will last in a bet? we will be back, after this. the >>catherine: and in the national news, this flier has been this fire--is threatening a power plant. strong winds that keep shifting in this fire very difficult to contain. >>catherine: this immigration law in the georgia is putting the rest of that o

the ntsb is now investigating. >>> a grand jury report is calling on the san jose did school district. this comes after a massive fire last year which destroyed the main building at trace elementary. the report says that there weren't enough automatic sprinklers in the building and that fire alarm procedures were too slow. >>> some new signs of just how tough the budget crunch actually has become. >>> protesters in san jose camped out overnight before a special session of the city council. as -- the city's financial health is at stake. christy. good afternoon. good afternoon to you. city council is meeting today in a special meeting at 1:30 to discuss proposals for retirement reform in an attempt to close that budget gap and many community workers are not happy to hear that pension reform may be going to the ballot. in fact one of the organizations that we met up for earlier this year has been here for 24 hours. they participated in a protest last night and camped out at city hall and are waiting right now to enter this very special city hall meeting. >> we really want to have the rig

the ntsb now is looking at having a briefing on the accident. we'll have the latest for you at 8:00. >>> a san mateo muslim woman who lost her job at abercrombie and fitch after she refused to remove her religious head scarf is suing her former employer. she filed suit in san francisco against the clothing retailer. she had been working for the hillsdale mall location when she claimed in 2010 she was fired for refusing to remove the head scarf while at work. she was told when she applied that her clothing would not conflict with the company's "look policy." >> i don't know why they did what they d. they didn't have an issue when i got hired. to have an issue after i was working there for four months was surprising. >> abercrombie prides itself on requiring what it calls a natural classic american style. but there's nothing american about discriminating against someone because of their religion. such a look policy cannot be squared with our shared values. >> reporter: abercrombie and fitch says it's done nothing wrong and adds it has always compl

. >> the ntsb will decide in its final report whether that had any -- >> assemblyman jerry hill sayslt lies with the very group that commissioned the report. the puc. >> they have allowed pg and e to prioritize profits over safety. that came out in the report as well. >> the puc's president once headed southern california edison and the corporate council u once head of the legal department. so he introduced legislation for a comprehensive pipeline reform. >> 43% of their time is spent in mobile home parks inspecting propane systems, versus the thousand miles of gas transmission lines, that's a priority that needs to change. >> pg and e goes on to say they are moving aggressively to turn around performance, but in the end, what seems like a staging report may be more bark than bike. the report is a recommendation. it does not mandate any change. >> we are talking after all these months, paper work involved in all this. >> the number of experts just to generate that report and for it to come down to recommendations. >> robert, thank you for that. >>> he says he is still in the fight ev

ntsb investigators will be selecting the background of the driver who was killed in the crash. >> the human performance team will take a close look at the driver, his history. develop a 72 hour history, look for fatigue issues. >> reporter: meanwhile, county coroner workers continue to sift through rubble two badly burned passenger rail cars. forensic anthropologist was expected to join the team today and tomorrow. conductor laurette lee lived in concord a few years ago. >> hit trucks and hit people. >> reporter: in 47 years as a conductor, walker has seen a lot. but he wasn't on board on friday when his train was struck by the rig big. he was on week's vacation. >> it's a strange feeling because there's a feeling of relief that you're not there. and there's also a strange feeling that somehow i should have been there. >> reporter: the woman was killed who filled in for him. >> i worked with the conductor that was killed for -- off and on for 20 years and it's -- you know, it's really mixed emotions in that regard. >> reporter: the search for more victims in the burned cars is expecte

the ntsb investigators say they will be on the scene for the next ten days gathering information but say one key piece of evidence may never be found. >> ordinarily, many of these trucks have an engine data recorder which provides a fair amount of information to the investigators, in this case, however, because of the extent of the fire we don't really expect to find much if anything of any data recorders available. >> since september last year safety officials have randomly expected the john davis trucking company and found violations turning up in seven of those checks. >> that train's conductor among the dead was a one-time ticket taker at the martinez amtrak station. her love for the railroad business started much earlier in her life. as kimberly tere reports the conductor was born into the business. >> reporter: loretta lee was the glue that held her family together. her loved ones are trying to come to terms with the unexpected death of a woman they say was so full of life. she was the conductor of the amtrak train hit by a big rig friday morning east of reno. >> we've always b

the head of the ntsb headed to san bruno this morning. along with representative jackie speier will meet with pg&e officials, local authorities and some of the victims of the deadly pipeline explosion. hersman will also give an update on the investigation. the blast killed 8 people, destroyed 38 homes this past september. >>> two elected officials just lost their jobs in the east bay. hercules had a special election for a recall vote. more than 80% decided they wanted to get rid of mayor joanne ward and councilman donald kuehne. there was also an election in richmond where voters rejected a sales tax proposal. measure d would have raised the sales tax in richmond by half a percent. meanwhile measure c passed advising richmond officials to use any extra sales tax money to pay for services that lost funding due to state budget cuts. >>> apple is looking for new digs in the bay area. >> pretty crazy. steve jobs is pushing for a design that's just out of this world. kcbs radio's matt bigler live down in the silicon valley bureau with more on

ntsb investigators are interviewing passengers and nearby truck crews to determine what caused the truck to crash. >> don't knowexactly what the cause was or why there was a failure to stop. >> authorities say it appears the safety gate's lights and bells on the crossing were all working and it hasn't had an accident in the last 20 years. >>> once again a number of the surviving passengers are on charter buses right now. we understand they have left sacramento. they are on their way here to emeryville. we expect them in the early hours of the morning. ken. >> sharon chin with the latest. thank you sharon. >>> one of the best known sex offenders just returned to the bay area. sex offenders move all the time. but robert lyles show us, authorities are making quite an effort to let neighbors know he's back. >> what we're telling them is to be aware that there's a high risk sex offender living in the area. >> so detectives and deputies rang bells and knocked on 1500 doors that straddle the road, telling all who answer, gary chandler lives next door behind this green gate. >> he lives way too

. >> the ntsb will ultimately decide in its final report whether that work had any relevance to the tragedy itself. >> reporter: assemblyman jerry hill says fault lies with the very group that commissioned the independent report the p.u.c. >> they allowed pg&e to prioritize profits over safety. that came out today as well. >> reporter: once heading edison and the corporate council once headed the legal department of pg&e. so he is introduced legislation for comprehensive pipeline reform. >> when they had 43% of their inspection time spent in mobile home parks inspecting propane systems versus the thousand miles of gas transmission lines that's a prioritization that i think needs to change. >> pg&e goes on to say tonight they are moving aggressively to turn around performance but in the end what seems to be a stinging report may actually be more bark than bite and that is because the report is solely a recommendation. it does not mandate any changes. >> so much paperwork in this thing. >> absolutelyly. >> 204 pages. >> my god. robert, thank you. >>> well, a woman accused of kidnapping her in

the ntsb is expected to finish its inquiry sometime this fall. as you probably recall, the explosion took place last september. eight people were killed and 38 homes were destroyed. >>> 4:35 now. alameda's mayor is calling for an independent review of the circumstances surrounding the memorial day drowning of a 52-year-old man. the man walked into the water and eventually drowned while police and firefighters watched from shore. as cheryl hurd reports, many were at last night's meeting to talk about the issue. >> the council meeting packed, many people wanting to step up and have their voices heard. many of them angry over last week's drowning death of raymond zack. >> i'm angry. i have no trust in you. >> reporter: alameda residents lashing out at the mayor and councilmembers at a scheduled council meeting. >> a man died because of our city services and i've heard not one of you and one officer say that this should not have happened. >> we allowed him to die. mayor, i want you to look at this room. who would you let die in this room? >> reporter

the ntsb says since september the company has had seven violations from 19 random roadside inspections. in one case, tires on a tractor trailer were so bald it was immediately taken off the road. but lee's children say they haven't been focussing much on the investigation. their thoughts are with their mother. >> she was a very big person, a very big voice. and a heart about three times bigger than her voice. she looked out for everyone. >> investigators are looking at a number of other factors that may have played a role in the crash, including fatigue, driver inattention and drugs and alcohol. in the newsroom, lilian kim, abc7 news. >> let's look at amtrak recent records. in the first three months of this year, it has had 36 accidents at crossings. 11 of those, fatal. according to the federal railroad administration. in a period between 2005 and 2010, 309 people were killed in amtrak crashes. with an average of 62 people killed each year. union pacific track that the amtrak train was on reopened. trade shifts opened on the pacific railroad line across nevada to northern california. i