terry mcsweeney, abc 7 news. >> terry, thank you.ive red cross agencies are accepting blood donations in officer young's name, including ones in pleasant hill, oakland, pleasanton, san jose and fremont. you'll find a list and their addresses on our home page, abc7news.com. >> a fatal police shooting capped a particularly violent weekend in san jose. three of the city's 18 homicides this year also happened this weekend. two men were shot saturday night during a shoot-out in an apartment complex parking lot on morris court in west san jose. and a 19-year-old woman was shot to death on san jose court friday night. police were called to a south san jose apartment complex early sunday morning where a distraught man was threatening to kill himself with a nail gun. after 45 minutes of trying to reach him, police forced their way into his apartment. they say that's when the deadly confrontation occurred. >> the suspect inside the residence that has a self-inflicted wound was also armed with a 10-inch knife. he confronted the officers in a ve

terry mcsweeney, abc 7 news. >> terry, thanks a lot. authorities are questioning two men who flew from chicago to amsterdam after u.s. authorities found suspicious items in their checked lug began on a flight to dubai. sources tell abc news that the two men are charged in the netherlands with preparation for terrorist attack but officials in the netherlands haven't confirmed anything. the pair flew from chicago to amsterdam after packing mock bombs in their luggage. authorities found a cellphone taped to a pepto-bismol bottle and three cellphones taped together. officials found several watches taped together, a boxcutter and three large nif knifes. >> it seems it was some sort of test. you carry cutter and, an attempt to see if this will be picked up. >> after being discovered, the pair changed their flight plans and flew directly to amsterdam while their luggage went to washington d.c. the men live in michigan. investigators are searching their homes for more evidence. >> attempted murder charges expected to be filed against a gang mem

live in oakland, terry mcsweeney, abc 7 news. >> terry, thanks a lot. >> 6:56.n weather and traffic. mike? >> there we go! temperatures are going to run in the mid to upper 60s around san mateo, san francisco and richmond. low 60s along the coast, the only place it will be a little warmer today. we'll have sunshine this afternoon, low to mid-70s around the bay but 70 the inment south bay, 80 in the north bay and mid-80s in the east bay valleys. cloudy tomorrow with drizzle in the morning. >> friday light throughout the bay area. take a look at walnut creek. this is 680. no problems heading into the san ramon valley. commuting into san francisco on the bay bridge. a live look at the bay bridge toll plaza. metering lights were never turned on this morning. a beautiful ride making your way through the tolls and heading into san francisco. no delays in mass transit as well. i think it's a friday! >> it is a friday and cooler heads prevailing this weekend. that does it for this ted addition of the abc 7 morning news. >> a local update at 7:22 and @ú@úataÑpñaxax

terry mcsweeney live at the airport with the latest. terry?passengers finally got out of san francisco international airport about 4:00 this morning and first to a variety of hotels after the flight to australia was aboarded after the engine blew. when that engine blew, take a look what happened. a huge hole was left in the engine and the engine casing. one of four engines wiped out by the explosion in mid air. aboard the 747. passengers say there were about 45 minutes into a 14-hour flight when they heard a noise. many describe it as a thud. it left a gaping hole as you can see. the thud was followed by a light show of sparks that went on for some time. some say there was a fire inside the engine. what we're hearing from people aboard that flight, nobody panicked. the captain got on the intercom, said we're dumping our fuel, everybody stay calm and they did. a lot of people talking about how fantastic the flight attendants were. they were cool, calm and collected and everybody followed suit. the plane landed. nobody injured. qantas trying to

terry mcsweeney is live in san francisco with a preview. terry?e question is, is it constitutional for california voters to define marriage between one man and one woman. this afternoon we get judge vaughan walker's opinion. it's posted online between 1:00 and 3:00 this afternoon. people have been waiting months for this decision to come down. judge walker heard evidence on this non-jury trial back in january. closing arguments took place in june. here we are a couple months later to get his decision. this federal trial has two same-sex couples battling sponsors of proposition 8. the couples say the voter-approved ban violates their right to equal treatment. supporters say it is a reasonable way to preserve traditional marriage. it's always been that way and it is better for children. it appears most legal experts expect the judge to rule against prop 8. >> like the california supreme court who comes out and says there is a fundamental right under the federal constitution to same-sex marriage period. that has implications for all of the other prop

abc 7's terry mcsweeney is live at san francisco city hall.nd, terry, county clerks around the region are waiting for this. >> they are ready for it and there is a three-hour window between 9:00 and noon where judge walker rules whether same sex marriages should take place. last week judge walker made the ruling prop 8, the ban on same sex marriages, approved by voters here in california, he ruled it unconstitutional but placed a stay on the ruling and those who came to san francisco city hall for a marriage license were turned away. even if the judge lifts the stay this morning, that does not mean same sex weddings will take place today. >> i think judge walker is going to lift the stay but he's going to give the supporters of prop 8 a chance to go down to the 9th circuit court of appeal and appeal that order and possibly even go to the circuit justice anthony kennedy if they should locals the 9th circuit. >> now, if the judge lifts the ban and does not delay its implementation for a few days as expected, san francisco city assessor recorder

live in san francisco, terry mcsweeney, abc 7 news. >> terry, thank you very much. this morning san jose police are asking for the public's help in tracking down a freeway shooting suspect. authorities say the driver of a white chevy trailblazer shot a passenger in another s.u.v. saturday night while driving north on interstate 680 near mckee road. that shooting took place just before 9 p.m. >> today a livermore mother of three will be arraigned on charges of sexually assaulting two teenager boys. 42-year-old christine hubs is facing 67 charges related to what investigators say was a long-running sexual running relationship with two boys. she faces four counts of contributing to the delinquency of a minor. one charge, the discharge of a bb gun when a bicyclist reported being shot by someone in an s.u.v. authorities first got involved after the mother of one victim said she found a nude picture of hubs on her son's cellphone. hubs is currently be held on $4.3 million. >> there is no indication when or if the federal judge who struck down california's ban on same sex

terry mcsweeney is live in san jose can details. terry? >> i'm down here at station 33 in south san jose. as you can see behind me the sign says danger, your four company is closing. last week 49 firefighters were given pink slips. they are gone. firefighters came up with a new plan to save $5 million plus. the city takes a look and says first of all it's not new and second of all that's not enough. the firefighters made the announcement yesterday at a news conference. that is something else the city didn't especially like. playing it out in the public instead of the negotiating tables. union members say the new proposal would cut pay by more than 5%. and increase healthcare co-pays. that's not really new but what is new is that firefighters are now willing to adopt a two-tier retirement system for new hires. firefighters point out while the union and city argue about money, lives are on the line. >> if there was a fire in that community across the street today where they would have yesterday enjoyed a response time of 2 to 3 minutes you'l

terry mcsweeney, abc 7 news. >> terry, thank you. five red cross agencies accepting donations in officer young's name, including ones in pleasant hill, oakland, pleasanton, san jose and fremont. you'll find a list of blood centers and their addresses on our home page at abc7news.com. >> it's 5:03 now. san jose police are investigating the fatal shooting of analogy suicidal man by their own officers. police were called to a san jose apartment complex early sunday morning where a distraught man threatened to kill himself with a nail gun. after 45 minutes of trying to reach him, police forced their way into his apartment. officers say they had to shoot the man when he came at them with a 10 inch knife. a neighbor says he is stunned by the incident. >> the suspect inside the residence that has a self-inflicted wound was also armed with a 10-inch knife. he confronted the officers in a very close proximity and the officers discharged their weapon. >> police say three officers fired a total of six shots. they are on administrative leave whi

live in oakland, terry mcsweeney, abc 7 news. >> terry, thank you. it's 6:05. san francisco teenager faces a murder charge in the shooting death of a german tourist near union square. san francisco police arrested phillip stewart yesterday. he's accused in the death of a 50-year-old elementary school principal visiting from germany. two other people were injured when a group of teenagers had an altercation and began shooting a block from union square. the dead victim's husband left for home yesterday. the couple had vacationed in the u.s. since mid-july. >> deep in his heart he's crushed. after being with someone for all these years. and they come to celebrate i believe it was their 25th silver anniversary. >> police also questioned two sorry juveniles and two adults but have not yet arrested any of them. they credit several witnesses and a taxi driver who followed the suspect for helping with the arrest. they say all three shooting victims were unintended targets who just got caught in the crossfire. >> a livermore mother of three accused of something sex with

terry mcsweeney, abc 7 news. >> thank you. it's 5:32. fight between the homeless in santa cruz and the city and county trying to prevent them from camping out. the homeless who have spent three weeks in front of the county courthouse made a big move overnight. theresa garcia is live at santa cruz city hall. theresa? >> they've been shifting to different locations in protest of the sleep ban. there was confusion first over city and county property but this is a city ban on sleeping. behind me you can see here they are at city hall and have some signs out there talking about their protests of the sleep ban. now, if you take a look at some of our video we caught within the last 45 minutes, santa cruz police officers cited one man sleeping by the fountain. enforcement of the city law banning sleeping in public places specifically from 11 p.m. to 8:30 in the morning. but the homeless are hoping to get it rescinded. the city has yet to come to the table with them to discuss solutions. >> what we need to establish is some sort of a safe zone. t

♪ >>> i'm terry mcsweeney live in san jose.ould it be, could it be that firefighters have come up with a plan that could reopen a fire station and save 49 firefighters' jobs? well, we'll take a look in a live report. >> plus a san ramon man is accused of drunk driving following several crashes in danville. >> and lindsay lohan is out of jail but her sentence isn't over yet. where she is now. >> a live look from mount tam on the bay. covered in fog once again and misty this morning. we'll talk about how this translates into a cool start for your august. >> good morning. metering lights are not on yet but we are seeing delays at the bridge toll plaza. we'll have a complete traffic report coming up. >> good monday morning, everyone. it's monday, isn't it? >> sure is! >> almost 6:01. thanks for joining us. i'm eric thomas. >> i'm kristen sze. san jose officials don't seem optimistic that a proposal by firefighters will make a big dent, not enough for the city to rehire firefighters laid off last week. terry mcsweeney is live at the

live in oakland, terry mcsweeney, abc 7 news. >> terry, thank you very much. 6:03 now. two men face weapons charges after being arrested while leaving a class with guns in their backpacks at laneny college in oakland. 20-year-old reginald battle had a loaded pistol and christian williams had an unloaded tech 9 handgun when they were arrested on campus. in addition to being students at the commune college, both men are known members of an east oakland gang. >> the san carlos city council has approved a new city budget that includes dissolving the city's entire police department. last night the council approved the $53 million budget. it includes phasing out the 32 member san carlos police department and phasing in a contract with the san mateo county sheriff's office. the current deal also calls for the sheriff's department to hire every one of the current san carlos officers. the move will save an estimated $1 million the first year and $2 million each year after that. >> a state appeals court has upheld the conviction of a san francisco woman whose dogs fatal

terry mcsweeney, abc 7 news. >> terry thanks a lot. another unpleasant problem for peninsula residents this morning, a sudden garbage selector's strike has left some cities a stinking mess. the strike began yesterday and will last until tomorrow but your trash may not be picked up for days. amy hollyfield has more. >> brian burgess was surprised when he got home from work and found his garbage can was still full of garbage. >> i thought what's going on. it's unusual. atypical. my garbage is always picked up on wednesdays so i wondered what the heck. >> the strike is a big concern for restaurants. the owners of gango sushi are worried about the smell their food scraps will create the next couple days. >> i don't know what should i do. >> they have every right to be angry. the only thing we hope is they will understand that all this 12 employees want is a fair contract with fair conditions. >> the 12 employees who walked off the job work for allied waste injuries near the landfill at half moon bay. when they decided to strike hundreds of

live in oakland, terry mcsweeney, abc 7 news. >> terry, thanks a lot. the san carlos city council has approved cuts to more than a $3 million budget deficit by outsourcing police services. last night the council unanimously approved the $53 million budget. it approved phasing out the police department and phasing in a contract with the sheriff's office. it would save $1 million the first year and $2 million after that. >> authorities are working to identify a body that washed up on the beach in pacifica. it was baddy decomposed but believed to be that of a man with a full web suit with tanks. the body was found south off shelter grove road. the pacifica police department is currently investigating the death. the san mateo county coroner's office is conducting an autopsy to try to determine the cause of death. >> the san francisco district attorney's office has launched a criminal investigation into missing grant funds. a community partner of the district first alerted the school board, the san francisco school board to the missing money. the examiner's

terry mcsweeney, abc 7 news. >> all right, terry. thank you very much.state appeals court has denied governor schwarzenegger's plan to furlough state employees. the governor recently ordered workers to be furloughed three days a month as a way to save cash while the state tackles a $19 billion deficit. the governor will appeal to the california supreme court. in the meantime no furlough day today so your dmv appointment is safe. >> if the court doesn't rule until the end of the mond, we may have to do five or six days in september. if the court rules we can't do the furloughs at all, we may have layoffs and pay cuts. >> state workers angry are organizing a boycott of governor schwarzenegger's latest movie. the expendables opens today featuring a brief role by the governor. >> say new sketch of a suspect in three separate attacks at a walnut creek apartment complex. the third victim helped the sheriff's department put together this sketch. the woman woke up tuesday morning with a man covering her mouth. her description is similar to those as two previous

live in unincorporated walnut creek, terry mcsweeney. >> it's 6:03.upervisors in contra costa and santa clara counties are moving forward now with a plan to require pitbulls to be spayed or neutered. this follows the fatal mauling of a two-year-old boy by three pitbulls last month in concord. supporters say something has to be done to control the populations of dangerous dogs but critics worry that any mandatory restrictions would be impossible to enforce. they want tougher laws for pet owners, not the pets themselves. >> the battle is growing between santa cruz county and the homeless camping out in front of the county courthouse. overnight protestors decided a new tactic to overturn a controversial camping ban. theresa garcia is live at santa cruz city hall, the new battlefront. theresa? >> it is the new battlefront indeed. this is where the group of homeless advocates have decided to take up their issue right where the top city officials report to work at city hall. in fact, you can see them right here. they say they're going to keep sleeping here,

live in san francisco, terry mcsweeney, abc 7 news. >> terry, thank you very much.akland police are investigating several shootings in that city overnight. there are reports that at least three people were shot on 88th avenue and international boulevard around 11:00 last night. ambulances were sent to the scene. a short time later there was a report of two shooting victims arriving at high land hospital in a private vehicle. no word if they were involved in that 88th avenue shooting or if it was from a separate incident. >> 4:33. gay and lesbian couples are hoping they'll be able to get married as early as today. they're eagerly waiting for a federal judge to decide whether to lift a stay on same sex marriages after he overturned proposition 8. lillian kim looks how couples are getting ready. >> eric ross and matt wood are excited about their big purchase this weekend. this emeryville couple bought wedding rings in case same sex weddings are allowed again in california. they plan to marry at san francisco city hall as soon as they get word. >> we want to make sure i

live at antioch, terry mcsweeney. >> u.c.rkley will modify a program after officials found it violated state law. a program called bring your genes to cal. about 5,000 incoming freshmen and students received saliva kits over the summer. the university promised individual results for genetic variants if they return the kits on a voluntary basis. >> the biggest concern is when people get genetic information, they often will misunderstand it. if someone gets a piece of information about their genes without a good chance to have it explained to them by an expert, they may misinterpret it in ways that hurt them. >> so far about 600 students have returned the kits. researchers plan to continue the dna tests but will only release the results as aggregate findings this fall, not individual ones. >> you can keep that appoint with the dmv today if you want to go. governor schwarzenegger says he'll appeal the ruling that end furlough fridays for 200,000 state employees. yesterday's decision suspends efforts to force workers to take days

in the city, terry mcsweeney, abc 7 news. >> all right, terry. thank you.here's no indication when or if the federal judge who struck down california's ban on same sex marriage might lift a stay he placed on gay marriages during appeals. gay couples say they're encourage the after governored schwarzenegger and attorney general jerry brown filed legal requests asking the court to allow same sex marriages right away. this emeryville couple has already bought wedding rings hoping they can get married even before all the legal challenges play out. >> i'm feeling optimistic. >> want to make sure if the window opens to capture the legal benefits of being married. >> other couples aren't waiting. this couple exchanged vows in south san francisco yesterday even without a marriage license. they have planned to do so for weeks but they also tell us they're looking forward to having all the rights and responsibility of a legal california marriage. >> 5:04 now. a livermore mother of three is expected to be arraigned today on child molestation and other charges. christi

terry mcsweeney, abc 7 news. >> terry, thanks a lot. a livermore soccer coach is in custody this morning charged with possessing child pornography. he was the head coach of a girl's soccer team. they found dozens of lewd photos on his home computer. they've been investigating him for three months. he's being held at the jail on $40,000 bail. police say none of the photos appear to be of local children, but investigators are still examining them. >> a local school board has voted to officially oppose proposition 19. that's the november ballot measure that would legalize the recreational use of marijuana. officials from the san mateo high school district hope their vote last night will convince school officials across the state to do the same thing. they worry people will start growing pot inside their homes which might be close to a school. prop 19 doesn't prohibit adults from possessing marijuana on campus. growing pot plants near a school say supporters isn't dangerous. >> fueling the debate over recent firefighter cuts and the time it

terry mcsweeney, abc 7 news. >> terry, thank you. it's 4:33 now.utch investigators are questioning two men arrested at amsterdam's airport as u.s. authorities found suspicious items in their checked luggage. both men are charged with preparation of a terrorist attack. abc 7's lillian kim has more. >> muhammad and amarisi are under arrest in the netherlands. sources tell abc news the pair flew from chicago o'hare to amsterdam after having packed mock bombs in their luggage. they found a cellphone taped to a pepto-bismol battle and several watches taped together, a boxcutter and three large knives. >> it seems it was some sort of test in the fact you start to tape together cellphones and carry cutters, it's an attempt to see if this will be picked up. >> the items did raise suspicions earlier on among airport screeners in alabama where he was boarding hills connecting flight to chicago but none of the items is considered illegal for checked luggage. in facted, sources tell abc news he also carried $7,000 in cash which also wasn't breaking any law. bu

live in redwood shores, terry mcsweeney, abc 7 news. >> thanks a lot. the peninsula is dealing with a different kind of stinky problem, a garbage strike that began with a handful of workers is leading to trash piling up in four cities. theresa garcia is live in san carlos to show us what's happening. theresa? >> all right. it's a two-day strike, not long but certainly long enough for garbage to pile up and smell. we're going to show you here. this can packed full in an italian restaurant in san carlos. this is impacting commercial commerce, restaurants and health facilities. those affected in san mateo county include the cities of san carlos, san mateo, burlingame and hillsborough. about 500 trash collectors, sorters and drivers who work for allied waste industries call a 48 hour sympathy strike in support of coworker that is walked off the job yet at the ox mountain landfill in half moon bay. they have been working without a contract since december. their negotiation disputes over wages, health insurance and pensions. while that's sorted out, customers

terry mcsweeney, abc 7 news. >> thanks. ry noted, both sides in the prop 8 battle have already said if judge walker rules against them today, they will appeal to the 9th circuit and legal experts say that could provide a critical clue how the supreme court might ultimately rule on the whole prop 8 case. legal analyst dean johnson says once the 9th circuit rules, the loser will appeal to the u.s. supreme court. since the supreme court is not in session and the parties would claim a need for immediate relief, it would go to the justice assigned to the circuit which happens to be anthony kennedy. they believe he's the swing vote. his decision on the stay could give us the first indication how prop 8 might ultimately be decided. say with abc 7 for live coverage of the decision. that's expected between 9 a.m. and noon. >> it's 6:33 now. in contra costa county detectives are investigating a murder inside a bay point home and they were led to the scene by the suspect during a long risky high-speed chase. it began yesterday after a

live in san francisco, terry mcsweeney, abc 7 news. >> terry, thank you. abc 7 and abc7news.com will have live coverage of the decision as soon as it becomes available. again, it's expected today between 9 a.m. and noon. >> 5:02 now. cleaner trains or slightly lower fares. those are a couple of options facing bart board members when they meet today to discuss ways to spend part of a $4 million budget surplus. meantime there's more good news from bart's accountants this morning. theresa garcia is live in san francisco with more. theresa? >> well, here's what happened. in reviewing last year's finances, bart has discovered an extra cushion of cash, a $4 million cushion we're talking about and that came from higher than projected county sales tax revenues. today it's deciding what to do with some of that surplus. given the tighter economic times, bart was already in a cushy position having announced it had a $4.5 million surplus. that was due to unexpected state funding. now the agency has $8.4 million extra dollars. $4 million will likely go to the capital r

abc 7's terry mcsweeney is live at the federal courthouse. terry?'s going to be a big decision today but by no means the final decision. the final decision is expected to come from the u.s. supreme court. judge vaughan walker is expected to post his decision today between 1:00 and 3:00 this the afternoon. he's going to post it online, based on the evidence he heard in a non-jury trial. the trial in january, closing arguments in june. the federal trial has same sex couples, one of which is from berkeley. the couple say the voter-approved van violates their rights to equal treatment. the reasonable way to protect traditional marriage and better for children that way. it appears mostly experts are expecting the judge to rule against prop 8. in fact, the prop 8 forces have already asked the judge to leave the same sex marriage ban in place until his decision can be appealed. the losing side expected to go to the 9 n u.s. circuit court and the loser expected to appeal to the u.s. supreme court. there's going to be a march today starting at the castro dis

terry mcsweeney is live near the fire. terry? >> yeah. little bit of luck and a whole lot of man power really helping out firefighters this morning. i just got done talking to battalion chief mike martin of cal fire. he tells me this fire is 80% contained, burned 375 acres. they don't think it's going to burn anymore. take a look at pictures we have of the fire yesterday and was a big concern yesterday, obviously an extremely hot day, dry grass, bad combination there. you can see the smoke from san francisco. this thing started incurry canyon. the possible cause of the fire, a downed power line across the road which kept fire trucks from getting to the scene. a home was threatened for a while. so was a massive power line. both were saved. >> what we call light fuel areas. once we get further to the hills, notice a lot of brush and trees and timber. right now the fire's involved in the timber areas where the crews are but thing back fires in place. >> battalion chief martin telling me they did stop the trucks from getting in immediately bu

terry mcsweeney, abc 7 news. >> terry, thank you.he sponsors of california's gay marriage ban have asked an appeals court to stop a federal judge's order allowing same sex weddings to resume next week. court papers were filed last night with the 9th circuit court of appeals in san francisco. prop 8 supporters are asking for the marriage ban to stay in place until the u.s. supreme court can have the final say, but that process could take years. u.s. district court judge vaughan walker ruled yesterday gay couples could begin marrying by 5 p.m. next week. legal analyst dean johnson says the late challenge to the ruling was expected. >> the only surprise here is that it took as long as it did. i would have expected that the prop 8 lawyers would have had their associates with the papers ready to file as soon as judge walker's decision was announced. >> meanwhile judge walker is questioning whether gay marriage opponents actually have the legal standing to appeal because they wouldn't be affected by the ruling and they were not the ones na

. ♪ >>> i'm terry mcsweeney live in oakland.ne year ago today little hasanni campbell went missing here in oakland, at least he was reported missing. police say he was dead already and they know who killed him. the story coming up in a live report. >> also could a spay and neuter law fix the aggression of pitbulls. i'm theresa garcia live in san jose. there are two bay area counties now considering such an ordinance. we'll explain what they are doing just ahead. >> a live look at sfo this morning where we have clouds, even drizzle. probably flight arrival delays within the hour. talking about warmer weather in the east bay valleys and for the rest of us this weekend. i'll show you how hot we'll get. >> we are back to accident-free conditions right now around the bay area. a good start. a better start for the 5:00 hour. no delays at the bridge toll plaza. >> good tuesday morning, everyone. 5:01 a.m.. i'm eric thomas. >> i'm kristen sze. topping our news today marks the one-year anniversary of the baffling disappearance of a six-y

terry mcsweeney, abc 7 news. >> both sides have been waiting months for it, terry.gain, as terry told you, the ruling between 1:00 and 3:00 this afternoon. we will carry it live here on abc 7 and abc7news.com. >> san jose voters will decide in november if medical marijuana should be taxed after the city council voted to place that question on the ballot. many speakers at last night's council meeting believe the idea is unfair because medical pot users shouldn't pay a 10% tax to take what they call medicine. supporters for the tax insist it will provide the tax-strapped city with much-needed revenue. they put other measures on the ballot. one calls for limiting the power to arbitrators who broker labor deals for police or firefighters. another asked to reorganize pension system for new workers hire by the city starting next year. >> the federal government wants to know more about oakland's new law that permits large-scale marijuana growing operations. the drug enforcement agency is asked if the ordinance that appears on oakland's city website is a draft of the final

let's begin with terry mcsweeney at the federal courthouse. terry?> anticipation is very high leading up to the announcement this afternoon of judge vaughan walker's decision. some are saying exactly what he writes to impact this case all the way to the u.s. supreme court. a january trial in the courtroom of judge vaughan walker. closing arguments in june and finally today the judge's decision on the constitutionality of california's proposition 8 defining marriage between one woman and one man. san francisco city alternative dennis herrera who's office joined in the plaintiff's case against prop 8 sayings he is it anxious but optimistic. >> not something that should be protected and tolerated and a governmental interest irrespective of sexual orrenzation. i think we're optimistic, made our arguments in a forceful way. >> attorneys for prop 8 argue that marriage has always been between a man and a woman and it's better for children that way. some supporters fear what a ruling in favor of the same sex marriage would do to people in the 44 states where

live in san francisco city hall, terry mcsweeney, abc 7 news. >> terry, thanks a lot.uni's efforts to crack down on crime appear to be paying off. the examiner reports crime has dropped after spiking in the first four months of the year. the reports say in may and june there were 124 incidents reported compared to 569 incidents january through april. muni attributes the decrease to more aggressive deployment of public safety resources. this comes as san francisco supervisors are expected today to approve legislation increasing penalties for crimes committed on muni and around muni stops. >> san francisco mayor says muni was forceded to reduce service by 10% in may because of a severe budget deficits. today the mayor said thanks to cost saving measures 61% of those cuts will be restored. that includes fully restoring light rail service and late night owl service. metropolitan transportation agency is meeting this afternoon to look at increasing pay for muni drivers. drivers are virtually guaranteed a 6% pay raise to almost $30 san hour. that's because the city charter s

terry mcsweeney is livin san francisco with details. terry?> the entertainment commission here at city hall getting involved in the shootings and that's because one took place outside a nightclub, the other took place in an area where there are a number of nightclubs and we are finding out this morning th the woman gunned down was walking with her husband. she is from germany. and she was gunned down on mason at geri. a 50-year-old of germany gunned down in a high-traffic area just up the street from union square, the heart of 15. a 15 and 19-year-old shot, treated and released from the hospital. the shoot being took place about 9:00 last night. it's an area of hotels and nightclubs. in addition to policeand homicide investigators, the entertainment commission raced to the scene. mayor wsom is giving that commission muscle to close the nightclub sce as a threat to public safety or a source of continual violence. >> we sent staff down to that mason street to figure out what was happening. we found out that in fact nightclub that been named over

terry mcsweeney joins us now with more. rry. >> these pictures are just snapshots, one week of one month but all the same kind of picte. california leadg the nation in initially unemployment claims ahead by a 2-1 margin. for more stories of sadness and desperation but some stories of hope. deborah williams one of 4400 california who filed a claim. doesn't see her hunt for a job of accounts reivable clerk. >> i find the response is a little slow but they are responding. as well as recruiting offices. it's a process, but it's working. >> williams' new reality and the nationwide jobless numbers showing the initially unemployment claim hitting the 500,000 level for the first time since november have ny economists saying the economy is losing steam. this morning the president said to create jobs. >> small businesses for employee and the communities that depend on them across this great count. >> san francisco-based ch systems which finds bs for people in the tech sector says the second half of the year is typically a good one for

terry mcsweeney is live in oakland. >> the news is positive, continues to be for fremont police officerodd young, he continues to impre where they are talking about rehabilitation and the community is coming through with offers of life saving blood. >> news is encouraging for todd young, a police department spokman say doctors reduced his sedation and not only did he open his eyes but he contins to move his legs. plans are already being made for his rehabilitation. sources tell "abc 7 news" that the suspect in the shooting, 20-year-old andrew barrientos captured with an accomplice on the border on saturday won't be brought back to the baarea today. and they say has been no confession to the shooting. when he tried to arrest andrew barrientos on attempted kidnapping. at the blood bank, many people are turning out to donate blood to the offir who was shot in their city. >> he needs it. if he needs it, i'm here. >> jim is also here dedicatg his blood for officer young. >> yesterday i saw they were calling for blood for officer young and it was a perfect opportunity to help him out. >> offi

we begin our coverage today wi terry mcsweeney at safrancisco city hall. terry?> the are dozens of people on the steps of the san francisco cityall right now and they have been there for hours waiting for judge walker's ruling. take a look at the people out there. yes on 8, no on 8. their signs make it very clear which is which. those in favor of similar sex marriage and those who believe marriage is between one man and one welcome. he's already ruledhat prop 8 approved by california voter is unconstitutional but hs got two decisions today. one, would he lift the stay which would mean same sex marriages could go forward? and, two, is he going to delay the imette s the i am platation. mayor wsom out here this morning. >> they vote on this issue and now everything -- all that stuff is thrown out and one man decides for the state. thisind of authority is scary. >> i'm incredibly optimistic and hopeful. but whatever happens today, that optimi doesn't go away. that hopefulness doesn't go away. thank you, guys, for all your faith and your devotion and constant and your

terry mcsweeney is live in oakland. >> the news is positive, continues to be for fremont police officer todd young, he continues to improve where they are talking about rehabilitation and the community is coming through with offers of life saving blood. >> news is encouraging for todd young, a police department spokesman say doctors reduced his sedation and not only did he open his eyes but he continues to move his legs. plans are already being made for his rehabilitation. sources tell "abc 7 news" that the suspect in the shooting, 20-year-old andrew barrientos captured with an accomplice on the border on saturday won't be brought back to the bay area today. and they say has been no confession to the shooting. when he tried to arrest andrew barrientos on attempted kidnapping. at the blood bank, many people are turning out to donate blood to the officer who was shot in their city. >> he needs it. if he needs it, i'm here. >> jim is also here dedicating his blood for officer young. >> yesterday i saw they were calling for blood for officer young and it was a perfect opportunity to help hi

. >> i'm terry mcsweeney. california on the verge of setting an all-time record for money spent or a governor's race, one candidate jut spending the other by a massive marge but not leading in the polls by a massive margin, in fact not leading at all. >> check out this picture from downtown san francisco. barely see the bay bay bridge. mist and clouds await you. so do cooler conditions. we'll be well below average and how long it will last this weekend. >> here's a live shot of a foggy golden gate bay bridge for drivers. you might need your wipers in san francisco. an update on an accident at hercules. >> the city council votes to put a mission the november ballot that would take away their own power, lay off members of the fire department. >> it's tuesday, 5:00. good morning. i'm kristen sze. >> i'm eric thomas. topping our news, a. c. transit could return to a nor normal because schedule starting today because a judge yesterday threw out a contract imposed on its drivers two weeks ago. during that two-week p

terry mcsweeney joins us now with more. rry. >> these pictures are just snapshots, one week of one month but all the same kind of picture. california leading the nation in initially unemployment claims ahead by a 2-1 margin. for more stories of sadness and desperation but some stories of hope. deborah williams is one of 4400 californians who filed a claim. doesn't see her hunt for a job of accounts receivable clerk. >> i find the response is a little slow but they are responding. as well as recruiting offices. it's a process, but it's working. >> williams' new reality and the nationwide jobless numbers showing the initially unemployment claim hitting the 500,000 level for the first time since november have many economists saying the economy is losing steam. this morning the president said to create jobs. >> small businesses for employees and the communities that depend on them across this great country. >> san francisco-based tech systems which finds jobs for people in the tech sector says the second half of the year is typi

abc 7's terry mcsweeney is live in the neighborhood where the sewage also got into some garages. rry? >> yeah. that raw sewage came to the surface right across the street from where i am. you can see the backhoe over there trying to mak repairs to that pipe. some raw sewage went into the garages in the townhouses on the right, some into the lagoon on left. here we are on sky complicated process to go through which explains why 20 hour after the break that pipe still hasn't been fixed. crews have been out here all night and will stay out here until the broken pressurized sewer pipethe one that forces raw sewage to the treatment plant, can be fixed. >> the pipe has basically kind of collapsed, the bottom of the pipe has collapsed. i don't know what the cause is for that. we're estimating it's probably about 8 feet of pipe that needs to be replaced. >> this man who did not want to talk on camera says he planned to move out of his townhouse rental tomorrow but wants to know who's liable for his items in the garage. apparently redwood city will foot the bill. >> we have a company that

abc 7's terry mcsweeney is live in the neighborhood where the sewage also got into some garages. rry? >> yeah. that raw sewage came to the surface right across the street from where i am. you can see the backhoe over there trying to make repairs to that pipe. some raw sewage went into the garages in the townhouses on the right, some into the lagoon on left. here we are on sky complicated process to go through which explains why 20 hours after the break that pipe still hasn't been fixed. crews have been out here all night and will stay out here until the broken pressurized sewer pipe, the one that forces raw sewage to the treatment plant, can be fixed. >> the pipe has basically kind of collapsed, the bottom of the pipe has collapsed. i don't know what the cause is for that. we're estimating it's probably about 8 feet of pipe that needs to be replaced. >> this man who did not want to talk on camera says he planned to move out of his townhouse rental tomorrow but wants to know who's liable for his items in the garage. apparently redwood city will foot the bill. >> we have a company t

terry mcsweeney is live at kennedy high school with a tough new day time curfew. terry? >> yeah.here's a whole new way of dealing wi truancy here in the city of richmond. and after a couple weeks' grace period, if parents don't get on board this kept the kids in school program, they coulbe fined up to $500. for seniors, cynthia, a new year of school with a new rule. students in richmond cannot be off campus until a half hour after school ends but they could be cid and taken to a counseling center and parents notified. >> kind of unfair because, you know, some kids try their best and live farther away or the bus isn't running right. i think they shou at least give some sort of lienensy but not too much. >> her mother has no problem with the policy or the possible $500 fine for parents whose childr are repeat offenders. >> keep the kids in line. the parents will be more strict on the kids now. >> you don't seem worried about it. it's not gonna bother you. >> no. i got a good kid here. >> kids will be droppe off so their probms can be identified and assistance arranged. the parent w

we begin our coverage today with terry mcsweeney at san francisco city hall. terry?there are dozens of people on the steps of the san francisco city hall right now and they have been there for hours waiting for judge walker's ruling. take a look at the people out there. yes on 8, no on 8. their signs make it very clear which is which. those in favor of similar sex marriage and those who believe marriage is between one man and one welcome. he's already ruled that prop 8 approved by california voters is unconstitutional but he's got two decisions today. one, would he lift the stay which would mean same sex marriages could go forward? and, two, is he going to delay the imette s the i am platation. mayor newsom out here this morning. >> they vote on this issue and now everything -- all that stuff is thrown out and one man decides for the state. this kind of authority is scary. >> i'm incredibly optimistic and hopeful. but whatever happens today, that optimism doesn't go away. that hopefulness doesn't go away. thank you, guys, for all your faith and your devotion and cons

terry mcsweeney is live in san francisco with details. terry?> the entertainment commission here at city hall getting involved in the shootings and that's because one took place outside a nightclub, the other took place in an area where there are a number of nightclubs and we are finding out this morning that the woman gunned down was walking with her husband. she is from germany. and she was gunned down on mason at geri. a 50-year-old of germany gunned down in a high-traffic area just up the street from union square, the heart of 15. a 15 and 19-year-old shot, treated and released from the hospital. the shoot being took place about 9:00 last night. it's an area of hotels and nightclubs. in addition to police and homicide investigators, the entertainment commission raced to the scene. mayor newsom is giving that commission muscle to close the nightclub scene as a threat to public safety or a source of continual violence. >> we sent staff down to that mason street to figure out what was happening. we found out that in fact a nightclub that's been

terry mcsweeney, abc 7 news. >> thanks very much.igh fire danger will keep allen rock region park in san jose closed for a second day. temperatures topped 100 degrees there yesterday. park offials say they'll decide what do do the rest of the week on a day-to-day basis. >> residents felt the impact. >> the smoke didn't mix o whatsoever it hung in the valleys south of mount diablo which is where i live. you can smell it. smelled like a campfire outside. because itas 103, we had the air conditioner on and that was drawing someof the smoke in the house and i woke up with ash all over my car. a littletoo close to comfort. smoky north at 3 upping up to 9. look at that temperature, 91. expecting a high of 106. east b valley, santa clara valley, the north bay valleys where the heat ll reach triple digits again and will be dangerous throug at least 8:00. even though it's not becom to be quite as hot as yesterday, we have so records that could fall. 88 oakland, 85 san fraisco. still very warm 96 san jose today. 103 in concord. would be a reco

live at sfo, terry mcsweeney, abc 7 news. >> terry, thanks very much. u.s.overnment officials now say it is unlikely that two men arrested on board a plane in amsterdam were conducting a dry run for a potential terrorist attack. authorities arrested the men after finding suspicious items in the checked luggage of one of the men. both drew suspicion after changing their travel plans at the last minute. the items included cellphones taped to a pepto-bismol bottle, a box and three large knives. officials say they were natives of yemen living in the u.s. legally and were not traveling together. he says his friend isn't smart enough to be involved in such a plot. >> it's not him. he let -- not educated person to do that stuff. >> well, authorities are holding the men on suspicion of conspiring to commit a terror attack. the white house says the men were not on terror watch lists. >> the condition of a fremont police officer shot while trying to arrest a domestic violence suspect last week is improving. officer todd young remains in intensive care but he's been up

terry mcsweeney is live in san francisco.eral peninsula cities are concerned. >> you have business leaders from san jose county calling opponents obstructionists and leaders of san mateo communities calling the business leaders bullies. the issue didn't get resolved today though some tried. >> i call state holders to dial down the rhetoric. it's really time we come together and figure this out. >> she's referring to the verbal bonds exchanged religion between jim wonderman, ceo of the bay area council and san mateo assemblyman jerry hill who represents residents of seven communities located along the high-speed rail right of way. >> some supporters unfairly criticize such efforts as obstructionist. that is not so. elected officials in these cities are simply exercising their responsibility to be active participants in the planning process. >> he represents 275 corporate members of ceo as the bay area counciling. he sees the call to slow down the planning process as a death for the $43 billion high-speed connection between san

terry mcsweeney, abc 7 news. >> thanks very much.fire danger will keep allen rock regional park in san jose closed for a second day. temperatures topped 100 degrees there yesterday. park officials say they'll decide what do do the rest of the week on a day-to-day basis. >> residents felt the impact. >> the smoke didn't mix out whatsoever. it hung in the valleys south of mount diablo which is where i live. you can smell it. smelled like a campfire outside. because it was 103, we had the air conditioner on and that was drawing some of the smoke in the house and i woke up with ash all over my car. a little too close to comfort. smoky north at 3 upping up to 9. look at that temperature, 91. expecting a high of 106. east bay valley, santa clara valley, the north bay valleys where the heat will reach triple digits again and will be dangerous through at least 8:00. even though it's not become to be quite as hot as yesterday, we have some records that could fall. 88 oakland, 85 san francisco. still very warm. 96 san jose today. 103 in concor

terry mcsweeney joins us. any sign of hope for them?> there is hope but all that chase is promising is that people who come in with all their documents are going to be finding out within two weeks whether they qualify for a loan modification, which is far better than the horror stories we hear from chase customers, bank of america customers when they go in for a loan modification and it takes 15 months to find out if they calfy, the whole time getting closer and closer to losing their home. >> nervous. >> those are the emotions as they wait to meet with a bank council. they want to see what can be done to lower monthly payments on the home they bought last november just before the family income dropped dramatically. >> my husband was in concrete work for 25 years and now he's unemployed. he started working again for a landscaping company, but it's only working two days a week. >> by far the number one reason we're seeking modification is unemployment. folks were employed when they took out the loan and either both or at least one of the

delicious yes. ♪ >>> i'm terry mcsweeney live in san jose where firefighters say they have a new plane the city millions of dollars and bring back dozens of lost firefighter jobs. not new. does not bring back any jobs. the story in a live report. >> also this morning caregivers at two oakland nursing homes are going on strike right now in a dispute over sick leave and other contract issues. >> here's a look from emeryville. notice the bay bridge. hard to see as the marine layer is lower but thicker are moisture. may get cooler this week. i'll show you how low we'll go. >> a car has slammed into sard barrels in hayward. sand spilled all over the roadway. all the details coming up. >> and a suspected drunk driver causes terror in a quiet bay area neighborhood. turns out to be the