released an order today denying prop 8 supporters' requests to throw out a ruling made by judge vaughn walker. walker ruled last september that a ban against same-sex marriage was unconstitutional. in a hearing yesterday, lawyers representing anti-same sex groups argued that walker, who is openly gay, should have disclosed the fact that he was in a long-term same-sex relationship and stood to benefit from the ruling in favor of gay marriage. they argued that walker never should have been presiding over the case in the first place. ware released an order that declared the fact judge vaughn walker, "shared some of the personal circumstances and characteristics and could be affected by the outcome of a proceeding in the same way other members of the general public could be affected is not a basis for recusal or disqualification." >> the opinion soundly reject the specious arguments made based on nothing more than stereotypes. >> reporter: ware said the fact that walker had been in a same-sex relationship for the past ten years did not mean he was so interested in getting married that he wouldn't

in august to 10, vaughn walker ruled it violated the rights of gay men and women. he struck down prop 8 he retired in february and when asked he mentioned to reporters he is gay and in a 10 year relationship with another man however it wasn't a secret that fact was mentioned in several media reports, phil matier broke the story and in fact l.a. times tried to get prop 8 supporters to comment several times throughout the course of the trial but they refused. they have filed appealtoday's request to null fie arguing a conflict of interest. federal judges can be disqualified if they have a strong financial interest, personal relationship or bias. it is unusual and unlikely. the new judge, could issue the ruling from the bench or make a written ruling later on this month or this year. the hearing today starts 9:00 a.m. grace. >>> we will be following this story kit doe in san francisco. >>> 5:36 a.m. traffic and weather for you, lawrence settled into a nice pattern now. >> isn't that something we have not been able to say that for quite awhile we are looking good as it

today, the of the past another judge to throw out judge vaughn walker is to overturn the california span on same-sex marriage. they claimed that he had a conflict of interest because he is gay. and he wanted to,, he could have been personally impacted with his long partner. and when judge vaughn walker he never disclosed the fact that he was gay and in a long-term relationship over proposition 8. the law says that he does not have to. for little teaches constitutional law at hastings law school. >> human beings all of certain characteristics that some in sends are generally shared. we all have ethnicity. does that mean that nobody can sit on a case involving ethnicity? a black judge cannot sit on a black civil rights case? that is been rejected by the courts, severely! here, there is a case where they say that gay marriage, sex marriage, threatens the institution of marriage. if that is true? and nobody can hear the case because we are all have an interesting marriage. if judge walker has a particular interest in same-sex marriage? it is merely to attack him, for his sexual orientation.

district judge vaughn walker decision. >> no man is permitted to try cases where they have an interest in the outcome. >> i believe it's discrimmatory. it's about the judge's status. >> a few months after vaughn walker ruled it is unconstitutional he admitted he was in a relationship with the man. because of nat he might wanted to get married which means his ruling might be bissed. >> the decision must be reconsidered by a neutral judge who has no direct and substantial personal interest in the outcome. >> this has been used throughout history when litigants try to disidentify black judges from sitting on cases involving desegregation. >> reporter: the ruling is being appealed. things can't move forward till there is a decision on this motion to recuse. >> the further they can keep us away, the longer we can't get married. >>> the judge hopes to have a written decision by noon tomorrow. ktvu channel 2 news. >>> grass congress gets back to work today without anthony wiener, he is in rehab. he is in treatment at a undisclosed location. last week he acknowledged he sent photos to several

former chief judge vaughn walker disclosed his gay relationship after he was hired on the bench. he was the same judge that ruled the same-sex marriage ban was unconstitutional. opponents of same-sex marriage demand that his ruling be tossed out and the same-sex marriage debate start from ground one. this morning a lot will be happening at the federal court. both skeidz will take their case to federal court. they expected to say the ruling that benefited him personally and supporters will counter with the fact that sexual preference is not an issue in this case. we expect a very busy morning in store this morning. we understand that marriage equality u.s.a. will stage a rally at 7:30 this morning and then the hearing will begin inside the federal courthouse at 9:00 a.m., no doubt this will definitely be an historical legal battle facing this federal court and same-sex marriage in california. live in san francisco, sue thompson, "abc 7 news." >>. >> the family of missing nursing student michelle le are still holding on to hope getting community support. yesterday michelle's family

opponents of same-sex marriage judge vaughn walker should have removed him from the fais case becauseame sex relationship. they argued that walker is gay and they should decide cases on the law no matter what their background. >> california's deadline is tomorrow and if there is no budget it means no paycheck for lawmakers. governor brown appears to be backing off of a gimmick free budget. brown is putting most of his efforts on extending temporary tax hikes. to get that done he needs a couple republicans to support a special election on the issue. >> the legislature has in its hands to do right by california. we cannot do it with just a majority party. we need four republican votes. >> the republicans now say they are willing to place the tax extensions on a ballot if there are reforms on business regulations and a spending tax. >>> a warm wind today and tomorrow. >> mini heat wave. mike nicco is going to give us all the details. >> couple days above average temperatures then we'll start to pull back as we head towards the weekend. good morning to you. here is a look at the marine la

impulsores de la "proposicion 8" de anular el fallo judicial emitido el aÑo pasado por el magistrado "vaughn walkerdad de esta medida que prohibio los matrimonios "gay". ---el juez "james ware" dictaminó hoy que no hay motivo para descalificar el fallo de "walker", ni razones para considerar que habría algún conflicto de interés debido a que "walker" es gay. ---los demandantes argumentaron que la decision de "walker" deberia ser anulada ya que el magistrado podria beneficiarse de su propio dictamen si en un futuro decidiera casarse con su pareja. ---el proximo mes de septembre, el tribunal supremo de justicia de california sostendra una audiencia para determinar si los impulsores de la "proposicion 8" tienen derecho de apelar el fallo de "walker", el cual determinó que la "proposicion 8" viola los derechos constitucionales. --enseguida en noticias univision 14...--la mujer latina con quien el ex- gobernador de california habria tenido un hijo fuera del matrimonio... rompio el silencio. le contamos que revelo... al volver. ---el presidente "barack de costa a costa... y en todo el país, para detener

proposicion 8" volvieron a los tribunales para pedirle a un juez que anule el fallo del magistrado "vaughn walker ---el juez "james ware" dijo que tomara una decision lo mas pronto posible, lo cual podria ocurrir en las proximas 24 horas.---el aÑo pasado el magistrado "walker" determino que la "proposion 8" es inconstitucional.--los promotores de la medida, alegan que la decision de "walker" pudo haber sido motivada por conflictos de interes debido a que él mismo es "gay", y en un futuro podria casarse con su pareja con quien sostiene una relacion desde hace 10 aÑos. ---la ciudad de "alameda" tiene un nuevo jefe de policia. ---se trata de "mike noonan", quien ha sido el jefe interino del departamento de policia de alameda desde julio de 2010. ---"noonan" ha trabajado para esta agencia del orden desde 1986... en 1998 lo ascendieron a sargento, en 2002 llego a ser teniente y en 2008 lo nombraron capitan de la policia de alameda.---"noonan" ecÓ a andar un programa de patrullaje que asigna agentes del orden a todos los planteles escolares de la ciudad.---el nuevo jefe de policia es egresado de "colum

now that retired judge is vaughn walker you may remember last year that prop 8 the same-sex marriage ban he ruled it's unconstitutional. he retired and he later revealed he was in a ten-year gay relationship. they staged a rally outside the courthouse saying it's going to be another battle today in their fight for equality and what is happening today an attack on a judge. >> the opponents of prop 8, they lost on every count. they know they lost. guess what they are doing, we lost because the judge is gay. that is what this is about. >> the other side in this case those against same-sex marriage argue that judge walker may benefit personally from this ruling he made last year. legal amp thist says it calls into question each judge has personal experiences that they bring to each cases. >> the answer to the judge's questions would be same sex cases could only be decided by heterosexuals and other cases could only be decided by men -- this is one that any judge wants to step on. >> opponents are demanding the judge toss out on walker's ruling and they sned a statement. at minimum, judge

opponents say vaughn walker who ruled that prop 8 was unconstitutional should have removed himself from the case because he is in the same sex relationship and could benefit from the outcome but they couldn't provide any evidence that he wanted to get married only he was in a long term relationship. >>> irans says they will make a decision in the three american hikers charged with espionage by late august. their next court appearance will be scheduled between june 22 and august 22. three hikers were detained back in july along the border. shourd was released last september on humanitarian grounds and recently revealed several incidents of abuse at the hands of prison guards. >> they are now barring barry bonds coach from coaching. he has not registered as coach. anderson who has coached for years has been told he had been barred from the field. there weren't any complaints until this season. he spent several months in prison after pleading guilty to steroid distribution charges and refused to testify during barry bonds perjury trial. >>> still ahead, a toy company hopes to turn a profit

district judge vaughn walker had a conflict of interest because he is gay. but opponents say a judge's sexual orientation has no bearing on their impartiality. >> you have to examine the arguments closely. when you put it to scrutiny they document nothing. >> a second challenge is pending before the court of appeals. >>> after a month of discussion and debate the vacant mayor seat in san carlos has been filled. andy cline was sworn in as mayor tonight. the city's top spot opened up after the former mayor died of a heart attack in may. the promotion was delayed because the mayor is appointed by the city counsel members. >>> now the commander and chief had his say, what president obama is saying about anthony weiner. >>> when the irs said no, she fought and she won. meet the lady who won the right to get a tax deduction for her cat. >>> the clouds and the burn off and the effect it will have on your forecast, that's straight ahead. him what to do. he's just saying what he would do. president obama >>> he is not telling him what to do, he is just saying what he

the judge is chief vaughn walker. he is retired but admitted to a ten-year gay relationship. he is also the same judge that ruled just last year that the ban on same-sex marriage in california is unconstitutional. >> now opponents say they want walker's ruling thrown out claiming he could possibly benefit from his own ruling if he chooses to marry his partner. on the flip side of the debate supporters of same-sex marriage that walker's sexual preference and private life should not be at issue here. federal court will decide if the ruling should be tossed out. if it is the same-sex marriage debate here in california supporters could lose a lot of ground and the debate may have to start at ground zero. at 7:30 the group they are expected to launch a rally. we do not expect a decision this morning, that is not likely. you can expect it to a be a busy morning with a lot of heated debate going on. >>> the family of missing nursing student michelle le is still holding on to hope. yesterday family and friends distributed more fliers in the hayward neighborhood where her car was foun

. >> reporter: one side is asking the judge to overturn vaughn walker's decision to eliminate the banme-sex marriage. >> the supreme court says that no man can be a judge in his own case and no man is permitted to try cases where they have an interest in the outcome. >> i believe it is discriminatory. i believe it is about the judge in his private life. >> reporter: judge walker admitted that he is in a long- term relationship with a man and some say that because of that judge walker may have wanted to get married which means his ruling could have been biased. >> judge walker's decision must be vacated and reconsidered by a neutral judge who has no direct and substantial personal interest in the outcome. >> this ploy has been used throughout history. when litigants try to disqualify black judges from sitting on cases involving equal protection and desegregation. >> reporter: judge walker's ruling is being appeals. meaning thinks cannot move forward in that case until there is a decision on this motion. >> the further they can keep us away, the longer they can keep it in the courts and

opponents say vaughn walker who ruled that prop 8 was unconstitutional should have removed himself from the case because he is in the same sex relationship and could benefit from the outcome but they couldn't provide any evidence that he wanted to get married only he was in a long term relationship. >>> irans says they will make a decision in the three american hikers charged with espionage by late august. their next court appearance will be scheduled between june 22 and august 22. three hikers were detained back in july along the border. shourd was released last september on humanitarian grounds and recently revealed several incidents of abuse at the hands of prison guards. >> they are now barring barry bonds coach from coaching. he has not registered as coach. anderson who has coached for years has been told he had been barred from the field. there weren't any complaints until this season. he spent several months in prison after pleading guilty to steroid distribution charges and refused to testify during barry bonds perjury trial. >>> still ahead, a toy company hopes to turn a profit

district judge vaughn walker had a conflict of interest because he is gay and might want to get married. he is now retired. urponents called the lawsuit frivolous. >>> leaders are talking about adding the holiday to the school calendar. no formal request has been made yet. the superintendent tells us aing a holiday would call for extending the school year. it is known as the festival of lights and the most important holiday of the year for hind dues. >> helping students get in tune with technology. the mayor joined representatives from microsoft to announce their new push to prepare students for the real world. microsoft is donating $500,000 in software and $15,000 in cash. >> i am investing in you. as the mayor i am looking at you right now as being people who can succeed me in this job. i believe you can do it. >> the initiative includes a chunneller program designed for high school grads. >> steve jobs is getting his own comic book. the comic book is pubbished by blue water productions. it will profile him and how he guided apple. it will be in book stores and available on august 24.

last year, judge vaughn walker declared proposition 8 that banned the same-sex marriage in californiabe unconstitutional. tonight, we will tell you what the decision today means for supporters and opponents of the bill. who >> and judge vaughn walker decision to overturn the same-sex marriage ban was up held on tuesday. in addition, the chief u.s. judge james ware said the former judge did not have to die of old to whether or not he was gay or that get any intention of marrying his long-term partner. lawyers for proposition 8, the proposition passed by california voters in 2008 banning same-sex marriages argued that walker should be disqualified in his decision should be thrown out because he could possibly benefit from the decision by marrying his male partner who is a doctor some day. walker did not publicly revealed that he had been in a 10 year relationship with the man until after he retired. however, judge ware said just because he shares the same circumstances or experiences as a member of the public it is not the basis for disqualifying a judge. furthermore, the law does not r

the judge rejected the challenge that claimed judge vaughn walker was biased. ktvu's david stevenson has the ruling, the reasoning and the reaction. >> it's a good day not just for the lgbt community, it's a good day for california. it's a good day for people who believe in fairness. >> reporter: same-sex marriage supporters are applauding today's federal court ruling that focused on the judge that overturned the marriage ban. am same sex proponents said that judge vaughn walker stood to gain by revealing the law because he was in a same sex relationship while hearing the case last year. but chief judge james ware disagreed. he said this today. >> we trust our judges to be fair and impartial and that's what chief judge ware found here. >> reporter: in a statement this afternoon attorneys for proposition will backers said. our legal team will appeal that decision and continue our tireless efforts to defend the will of the people of california to preserve marriage as a union of a man and a woman." same-sex marriage supporters are happy. >> i've been in a same-sex

now that retired judge is vaughn walker you may remember last year that prop 8 the same-sex marriage ban he ruled it's unconstitutional. he retired and he later revealed he was in a ten-year gay relationship. they staged a rally outside the courthouse saying it's going to be another battle today in their fight for equality and what is happening today an attack on a judge. >> the opponents of prop 8, they lost on every count. they know they lost. guess what they are doing, we lost because the judge is gay. that is what this is about. >> the other side in this case those against same-sex marriage argue that judge walker may benefit personally from this ruling he made last year. legal amp thist says it calls into question each judge has personal experiences that they bring to each cases. >> the answer to the judge's questions would be same sex cases could only be decided by heterosexuals and other cases could only be decided by men -- this is one that any judge wants to step on. >> opponents are demanding the judge toss out on walker's ruling and they sned a statement. at minimum, judge

they say the previous judge vaughn walker had a conflict of interest because he is gay but prop 8 opponents that a judges sexual orientation has no bearing on his ability to weigh arguments and evidence, he has since retired. >>> so the man has walked into the building what is it like working with three women lawrence? >> fantastic actually. >> he is enjoying it. >> frank is off. >> what am i going to say? no, i hate it. no, it is great we have great weather too, lots of sunshine around the bay area, coming your way temperatures warming up offshore winds kicking in hey we could see 90s showing up warmest spots inland. another great day wednesday, a latter part of the week things change more of a sea breeze kicking in. temperatures are going to be dropping, as we head in toward friday, that is a look at weather. >>> thank you lawrence your monday morning commute is in full swing live to 580, westbound, all those cars headed toward the dublin interchange. stop and go conditions, could extend into the altamonte pass here is a map you can see traffic stacking up, 205 to air way no accidents, hi

in august 2010, walker struck down prop 8 saying it violated the constitutional rights of gay men and women. however it was widely reported this year that vaughn is gay and in a 10-year relationship with another man. gay marriage opponents say jacque walker had a conflict of interest and argued we benefit financially if he were able to marry his long-time partner. they asked a new judge, the chief judge to vacate or nullify walker's ruling arguing a reasonable person would question the judge's impartiality. the judge who is african-american had this exchange with defense lawyer charles cooper. should a reasonable person think a black judge recuse himself in a civil rights trial. a reasonable person would not consider a black judge any more impartial than a white judge. why not? because it is unreasonable. and then the crowd laughed. gay marriage supporters say it is looking good for them. >> in any case, you have to examine the arguments very closely. and here when you put the arguments to scrutiny, they amount to nothing. >> reporter: we should make the distinction that today's court hearing is completely separate from the appeals process. ju

opponents say judge vaughn walker should have removed himself from the case because he was in at same sex relationship and could benefit from the outcome. a lawyer who tried to block proposition 8, walker is being challenged because he is gay and we assume all federal judges will decide cases based on the law. >>> former bart police officer johannes mehserle is in northern california spending time with his family. he was released after serving one year of a two-year prison term for involuntary manslaughter. he was convicted in the shooting death of unarmed bart passenger. he will on parole for at least a year without restrictions. police can search him without cause but he can't be sent back to jail unless he commits a new crime. oscar grant's family is vowed to pursue a federal civil price lawsuit against him. >> he knows his life will not be back to normal. >> i think he ziovs an opportunity right now to be with his family and live his life. >> mehserle's attorney says he has few job offers but he is concerned about his safety. >> the budget deadline is tomorrow and for the first ti

you might recall last august judge vaughn walker overturned prop 8 ruling that the ban is unconstitutional and violates the civil rights of gay men and women in california. today supporters of prop 8 will ask the court to nullify that ruling. they argue that walker should have recused himself or announced that he was gay prior to the case. they believe it's a conflict of interest, not because he's gay they say, rather because he could personally benefit from his decision to overturn the ban on same-sex marriage. after walker retired from the bench earlier this year he did announce that he had been in a relationship with another man, not a huge surprise given there had been rumors of his sexual orientation all along. walker has said he doesn't believe his homosexuality was relevant in this case and he's not said whether he intends to marry another man. he's got the backing of some legal experts who agree with his assessment. noting that women and minority judges haven't had to recuse themselves when presiding over cases dealing with issues like civil rights or immigration. the legal fight o

the judge rejected the challenge that claimed judge vaughn walker was biased. ktvu's david stevenson has the ruling, the reasoning and the reaction. >> it's a good day not just for the lgbt community, it's a good day for california. it's a good day for people who believe in fairness. >> reporter: same-sex marriage supporters are applauding today's federal court ruling that focused on the judge that overturned the marriage ban. am same sex proponents said that judge vaughn walker stood to gain by revealing the law because he was in a same sex relationship while hearing the case last year. but chief judge james ware disagreed. he said this today. >> we trust our judges to be fair and impartial and that's what chief judge ware found here. >> reporter: in a statement this afternoon attorneys for proposition will backers said. our legal team will appeal that decision and continue our tireless efforts to defend the will of the people of california to preserve marriage as a union of a man and a woman." same-sex marriage supporters are happy. >> i've been in a same-sex

chief federal judge james ware released an order that declared the fact that judge vaughn walker sharedome of the personal circumstances and characteristics and could be affected by the outcome as the way other members of the general public could be affected but is not a basis for recusal or disqualification. whereas lawyers challenging walker's ruling yesterday whether he should not be allowed to preside over certain cases because he's african-american. in his order, he stated prop 8 lawyers argument would mean all minority judges would have to recuse themselves from most if not all civil rights cases. walker lives in the castro district and has been following the prop 8 case very closely. >> i think it's a wonderful step in the direction of fairness and equality of treatment. >> reporter: now, in the interest of full disclosure, judge ware actually told lawyers on both sides yesterday that he had actually performed a same-sex marriage back in 2008 when the marriages were still legal in california. we tried to talk to a group called protect marriage, one of the main proponents of prop

proposition 8 supporters had challenged the decision by retired judge vaughn walker after it was revealed he is guy. they argued that walker should have recused himself because of a conflict of interest. but in a decision today, the new judge in the case let walker's ruling stand. >>> lock heed martin plans to cut 1,200 jobs from its equipment division. the aerospace contractor says the nationwide cuts will most heavily affect areas where the company is ending its contract. it will offer voluntary layoffs to eligible employees to minimize the number of pink slips. >>> it was hot out there today and it will be hot again tomorrow with temperatures reaching into the 90s in some parts of the bay area. cooler weather on tap as we head into the weekend. a full forecast is coming up in just ♪ ♪ [ woman ] sam begged and pleaded... so i sent him to camp. we'd earned lots of points with our new citi thankyou card... and i put them to good use. he told me about his bunkmates and how he signs up for every activity. ♪ ♪ he even hangs out with the camp director. just like that. [ male announcer ] the n

---vaughn walker no informo sobre su relacion homosexual de diez aÑos cuando analizaba la propuesta 8r los votantes y que el juez declaro inconstitucional... ---personas que rechazan la bodas homosexuales consideran que walker tenia que haberse exhonerado de conocer el caso. cu ---el presidente de mexico, felipe calderon hinojosa, hizo una visita de dos dias a la bahia... take vo ---el mandatario fue el orador de honor en la graduacin de la universidad de stanford que se realizo ayer domingo... ---durante su discurso, calderon resalto algunos logros de su gobierno y tambien critic el autoritarismo, que segun el, se vivio en mexico durante muchas decadas, en clara referencia a los gobiernos del pri... cu - anchor ---pero el mandatario llego un dia antes de dar su discurso a los universitarios... ---calderon se reunio con un grupo de mexicanos en la ciudad de san jose... ---blanca garza nos dice cuales fueron los temas de los que calderon habl... ---blanca.. blanca live --el presidente de mexico se reunio el sabado por la maÑana en el centro de entrenamiento de trabajo o "cet" en san jo

district judge james wear says that former chief judge, vaughn walker did not have to disclose whetherwanted to marry his partner before he made that decision. the lawyers for the ban argue that walker should have recuesed himself because he stood to personally benefit from the verdict. >>> it may have won its way on to the polls, but a proposed ban on circumcision in san francisco doesn't have any go. shows 76% would vote against the ban. 17% said that they would vote for it. >>> they have good intentions, but a poorly executed effort to fight violence in oakland landed a teen in handcuffs. about five students from the united for success academy appeared to be armed with guns at union point park on saturday. most of the guns were fake, but a 14-year-old had a real .22 caliber rifle that he bought on the street. >> when the police responded to the initial report from passers by who called it in, they didn't know what they were facing. so that of course is the initial concern that there could have been some sort of confrontation. that would have escalated into something more dangerous t

during a hearing yesterday, judge james ware sound skeptical that judge vaughn walker's relationship with another man is relevant to the case. he said there is no evidence that he had a stake in the outcome. >>> a wake-up call in san jose. a quadruple shooting, kiet do with the latest on the homicide investigation and the crucial vote today that could take dozens of cops off the street. >> reporter: with 6.5 months left to go in 2011, san jose now has 27 homicides. that is a tie with the average homicide rate in the past decade. the shooting happened on the same day that the city plans to vote on something it never has before, lay off police officers. another day, another fatal shooting in san jose. of the four people shot early this morning on oxton drive near tully and mclaughlin in east san jose, one is dead, and the killers are still out there. >> it's too early to determine motive whether it's gang- related or not but that's something we are looking into. >> reporter: this marks the 27th homicide. year and caps off what has been an unusually violent week in san jose. last thursd

proposition 8 supporters had challenged the decision by retired judge vaughn walker after it was revealed he is guy. they argued that walker should have recused himself because of a conflict of interest. but in a decision today, the new judge in the case let walker's ruling stand. >>> lock heed martin plans to cut 1,200 jobs from its equipment division. the aerospace contractor says the nationwide cuts will most heavily affect areas where the company is ending its contract. it will offer voluntary layoffs to eligible employees to minimize the number of pink slips. >>> it was hot out there today and it will be hot again tomorrow with temperatures reaching into the 90s in some parts of the bay area. cooler weather on tap as we head into the weekend. a full forecast is coming up in just a few minutes. ♪ [ woman ] this icelandic mud was working wonders on my skin. but if it was going to do the same for my spa, i had to figure out a way to get it back to the states. so i called my citibank small business expert. he got me a line of credit to make it happen and even improved my cash flow. now,

district judge james ware says former chief judge vaughn walker did not have to disclose whether he wanted to marry his partner when he made the decision on prop 8. lawyers argued that walker should have recused himself because he stood to personally benefit from that verdict. >>> defense contractor lockheed martin says it has to cut 1200 workers including some at its facility in sunnyvale. the cuts will affect about 8% of employees in its space systems equipment division. the cutbacks come as the obama administration is under pressure to reduce u.s. defense spending. it's not clear how many of the layoffs will be in the silicon valley. >>> well, this morning, an east bay company hits the new york stock exchange in one of the hottest ipos of the year. >> shares of pandora media will be up for trading for the first time. the oakland-based internet radio service sold its initial public offering yesterday at $16 a share. that's twice what it expected two weeks ago. pandora is now valued at $2 .6 billion. and it has yet to turn a profit. >>> google shelling out big bucks to power american home

but yesterday the judge sounded skeptical that judge vaughn walker's relationship with another man was relevant. there was no indication that he planned to marry and had a stake in the outcome. >> we may need to bust out the shorts today. >> maybe i already have. i had them on yesterday. >> get them out there. >> thank you. >>> we are going to see some nice weather, some of the warmest weather we have seen in sometime. we have a couple of patches of fog thick at the coast. watch out for that especially some dense fog there, even a little drizzle at the beaches. but that marine layer is compressed meaning it's going to break up in a hurry. temperature now 59 degrees and clear in concord. 55 in livermore. 51 dense fog showing up in pacifica and some drizzle too. by the afternoon a whole lot of sunshine come our way. 81 in fremont. 84 degrees in san jose and sunny there. even 77 degrees in oakland. you get the idea some of the warmer temperatures we have seen in sometime. and it's going to continue. looks like into tomorrow a whole lot of sun coming our way maybe patchy fog overnight but

. >>> in just a few hours a federal judge will hear a motion to throw out judge vaughn walker's ruling california's ban on same-sex marriage is unconstitutional. at issue is judge walker himself on whether he should have disclosed his ten-year openly gay relationship before ruling on the same sex marriage ban. most legal scholars agree that his sexuality preference is not an issue but the fact he did not disclose the gay relationship does stir an ethical debate. the motion to vacate the ruling was filed by backers of proposition 8 supporters of same-sex marriage say they will demonstrate outside the federal courthouse before the 9:00 a.m. hearing. >>> police are looking for suspects in a weekend shooting in east san jose that left three people wounded. it happened in the wee hours of the morning. first a man and juvenile were shot while walking in the area around 2:30 in the morning. police say a third victim a boy was shot earlier that morning. >> the family and friends of missing nursing student michelle le are not giving up and working for her safe return. mark klags s whose 12-year

judge vaughn walker. >> last august he had ruled against proposition 8 which was the november 2008 voterpproved ballot initiative that wrote the same-sex marriage ban into the state constitution. sponsors of prop 8 had challenged after -- after he had nullified prop 8, challenged his standing to have issued that ruling because he himself is gay and has had a long-term relationship with his partner. and they made the argument that he was biased and should have recused himself. a lot of constitutional and judicial scholars do not think very much of this argument and indeed, one of judge walker's colleagues this week shot down that argument in rather spectacular fashion. basically saying that a gay judge is absolutely entitled to rule in a gay rights case, even if this decision could provide him some speculative future benefit, which hasn't even been shown here because there's no -- been no public indication that the judge wants to marry. but he said that the disqualifying judge walker because he's the member of a group potentially affected by this would require the recusal of any minority

district judge james ware says that former chief judge vaughn walker did not have to disclose whether he wanted to marry his partner before he made his decision on prop 8. lawyers for the ban argue that walker should have recused himself because he stood to personally benefit from the verdict. >>> right now a deadly crash is snarling the early evening commute on the dumbarton bridge. the california highway patrol says the driver of the sedan died after his car somehow collided with a minivan just after 3:00 this afternoon. officers blocked two westbound lanes while they investigated the crash. >>> and traffic in that direction is backed up for miles on the bridge. no word yet when the scene will be cleared. it's not known yet what caused that accident or if anyone else was seriously injured. >>> on the very day san jose took steps that could slash its police force, the city got a reminder of just how badly it needs cops. four people were shot on oxton drive a little after 3 a.m. one of the victims died. kiet do on the investigation and the vote todaythat could take dozens of cops off

the proposition eight ban on same sex marriages is illegal back in january a different dog judge vaughn walker will the prop eight violated that state's constitution but after it was revealed a judge walker himself was gay opponents sued saying the that decision was biased and could not stand that argument was shot down yesterday and judge james aware wrote in his ruling the presumption that judge walker by virtue of being in a same sex relationship have some sort of a desire to be married that render him incapable of making an impartial decision is as warrantless as the presumption that a female judge is incapable of being impartial in a case in which women seek legal relief well said and now the bad minnesota state representative tom clark that i don't know how to pronounce his name but that's ok now current republican didn't exactly like an email acct. got from a unionized constituent who didn't want to vote on a massive budget cut aimed at working class families well wasn't exactly pleased with the email so here's how he decided to reply if there's any children in the room i might ask you

what was in vaughn walker's mind at the time? we'll never know. legal experts believe that he was not legally obligated to disclose his relationship. we'll never know. perhaps we will some day, we'll never know if he had intention to marry. johanez mehserle is now a free man. he walked out with a police escort. the jury convicted him for involuntary manslaughter for shooting an oscar grant. mehserle said he meant to fire his tazer. he served several years. >> grant's family is upset. if that was a black police officer that shot a young white kid, that black police officer would be incarcerated for his life. grant's family joined others to call for federal civil right's charges to be brought against mehserle. his client hopes to return to the bay area. wayne freedman has more on the lawsuit stemming from mehserle protest last year. >> it is a social back drop, a lawsuit that lawyers filed and waited to file for this day because they knew it would get attention. it was a legal warning shot over the bow of the city of oakland. >> riots are unconscion

james ware rejected arguments that judge vaughn walker was gay he was bias whd he ruled prop 8 is unconstitutionalit's not reasonable to presume that a judge is incapable of making an impartial decision about the constitutionality of a law solely because a citizen could be affected by the proceedings. they say justice was done. prop 8 sponsors walker was biased in his ruling and should have been overturned. >>> ed lee is set to sign a measure for a massive redevelopment project for treasure island. they approved the plan yesterday. it will include 8,000 housing units along retail and office space. it also calls for upgrading existing roads and construction of new ones as well as the addition of a ferry terminal. work at the base is scheduled to start in the middle of next year. >> just about 5:37. it's going to be warm out in. you have to wear something light. >> what about father's day. mike nicco is here. >> thanks for thinking of us fathers. we're going to have a cooling trend but it should be nice warm weather for fathers day. its rollercoaster of temperatures and absence of marine layer cloud

judge james ware rejected arguments that because another judge vaughn walker is gay, he was bias whdruled that prop 8 is unconstitutional. in his opinion, it is not reasonable to presume that a judge is incapable of making an impartial decision about the constitutionality of a law solely as a citizen the judge could be affected by the proceeding. the attorney representing the couple challenging prop 8 justice was done. prop 8 sponsors say walker was biased and his ruling should have been overturned. >> eric: just about 6:36. check the forecast with mike. warm one out there today. fire up the air conditioner again today? >> we want to make sure the air conditioner works but we're going to get a workout next couple of days. it did cool down last night so open any you are getting some of that 50-off degree air today. thick clouds are keeping away from us. we have calm conditions in most neighborhoods. you can see there is no marine layer influence. visibility about three miles in half moon bay, 7 in novato. that is due to haze. i don't see any thick fog developing right now. atmosphere

district court vaughn walker was in a gay relationship, he had a conflict of interest in the case. they ruled the ban on same-sex marriage unconstitutional. he has since retired from the bench. >>> it was a celebration of gay pride today in la. the 41st annual la pride parade drew more than 400,000 people. olympic figure skater johnny we're was wear was the grand marshall. it celebrates the gay and lesbian and brings awareness to injustice. >>> officers arrested ramirez three weeks ago in the beating of bryan stow. investigators say they have strong evidence ramirez is responsible for the beating. ramirez' attorney says there are a dozen people ready to testify that his client was home at the time of the attack. >>> the office of congresswoman gabrielle giffords has released the first photo of here since a would-be assassin shot her in the head. one shot shows her with her mother. in the second she's by herself. but in both she's file -- smiling. the pictures were taken may 17th at the houston rehabilitation center where she's recovering. she's now speaking in full sentences. >>> s

proposition 8 supporters challenge the decision by judge vaughn walker after it was revealed that the judge was sucked gay. they argued that walker should of recused himself because of conflict in the case. but the new judge in the case let walker's ruling stand, proposition for supporters say they will appeal. >> it was a high one out there today a lot of eighties and nineties. 62 in half moon bay, 70 incenses' go this afternoon. we had some 90s in the inland valleys, upper 80s, a mixture of '80s and '90s in the north bay. look at the difference of the past 24 hours. a lot warmer today than yesterday. 15 degrees warmer, 14 degrees warmer and hayward and 11 degrees in san jose. the warm weather will continue as we head into tomorrow. very little fog expected, temperatures will be quite mild. the temperatures will warm up very quickly into the afternoon. high clouds passing over but a really nice day. up to the low 90s for maybe the inland. we will take a look of the temperatures and when to expect cooler temperatures and just a little bit. >> first lady michelle obama made her rounds

opponents of same-sex marriage judge vaughn walker that ruled that prop 8 was unconstitutional should have removed himself from the case because he is in the same sex relationship and could benefit from the outcome. but they could not provide any evidence that walker wanted to get married only that he was in a long term relationship. >>> judges have a duty not only to apply the law without bias but to do so in a way that avoids even the appearance of impropriety. >> we're hopeful that judge ware will make it clear that gay judges like all judges are fair and impartial. >> judge waf re says this this will be the first time that a same sex relationship is an issue whether to disqualify a judge. >>> richmond firefighters spent much of their night watching for hot spots at an elementary school. it begin around 8:30 last night and charred furniture inside a building on the older part of the campus. school district says the building was scheduled to be knoller irked this summer. school year ended last week. fire department is still trying to figure out what sparked that fire. >>> police say

supporters say that the judge, vaughn walker adult long-term gate partner and the motion was frivolous. we have a lot more to come up and this will be a live shot from our roof cam and we will be right backer that is now 409 and back to the protest of the release of bart officer johannes mehserle. >> she yelled as loud as she could this is seven year- old tatyana grant. >>, i am missing him lot, i don't like the man that shot him. >> you were yelling enchantingly or use same? >> leave my dad allow. my favorite memory of my dad is what i would sit on his left and share a lollipop with them. i really miss my data lot >> kron spoke with the family is a dirty and they will continue to fight for justice >> this is its belt failed the family. it was a relatively short sends a and there is an acknowledgement of that this process has come to an end. we still have the result suit there is it moving forward >> 48 mi. away is a mehserle is home town of nassau. >> i think he should be out of jail, i don't think he should gone to jail and a first-place. the person he was trying to subdue it wasn't

it was here at the federal court house a year ago that judge vaughn walker, he heard final arguments in the prop 8 case. a couple months later ruled the law was unconstitutional. this morning his ruling could be thrown out by the chief u.s. district judge james ware who is deciding if the walker ruling should be overturned because walker didn't disclose the fact that he's gay. months after walker ruled against the law which prevents same-sex marriage he retired and then revealed he had been in a relationship with a man for the last ten years. prop 8 supporters decided to fight his ruling saying he should have re accused himself from the case. >> no man can be a judge in his own case, and no man is permitted to try cases where they have an interest in the outcome. against the backdrop of these bedrock principles it is clear that the ruling of judge walker must be vacated. >> reporter: judge ware began by asking lawyers on both sides whether he should be allowed to preside over civil rights cases because he is african-american, or, whether female judges should rule on sexual harassment

a federal judge will rule if judge vaughn walker should have removed himself from the case. supporters say walker should have recused himself because he's gay and did not disclose his long term relationship with a man before the trial started. judge walker ruled to overturn california's ban on gay marriage. san jose council will deal with the budget issues. the council will vote on next year's budget and also discuss a tentative agreement with the police officers union. the union agreed to take cuts to save 156 department jobs. even with the cuts 122 officers will lose their jobs, as well as 370 other city workers. >> muni operators are working under a contract they rejected. an arbitrator ruled that the terms of the contract are the best way to go until a new contract is agreed upon. muni workers say they don't want to protest the decision with a work stoppage. they had not decided what their next step will be. >> sail around the bay prompting the america's cup in san francisco. it turned scary. six oracle racing team members were on this catamaran when it flipped during a

they are asking judge ware to overturn retired judge's vaughn walker to eliminate the ban on same-sex marriage. >> the supreme court has long said that no man can be a judge in his own case. and no man is permit today try cases where they have an interest in the outcome. >> i believe that it's discriminatory. i believe that it's about the judge's status in his private life. >>> a few months after judge walker ruled that same-sex marriage is unconstitutional, he admitted he was in a long- term relationship with a man. the defense in this case argued because of that judge walker might have wanted to get married, which means his ruling could have been biased and that's why judge walker should have recused himself. >> judge walker's decision must be vacated and reconsidered by a neutral judge who has no direct or substantial personal interest in the outcome. >> reporter: this ploy has been used throughout history in civil rights cases. when litigants try to disqualify black judges from sitting on cases involving equal protection. >> judge walker's ruling to overturn the ban on same-sex ma

a judge yesterday refused to throw out judge vaughn walker's decision last year that declared the ban on gay marriage unconstitutional. backers of proposition 8 wanted the decision nullified saying judge walker is gay and, thus, should have pulled himself from the case. >>> new york is one vote shy of legalizing same-sex marriage. a senator reversed his vote yesterday, making 31. the senate needs 32 votes to pass the bill formally. introduced by governor andrew cuomo tuesday. at least four additional republicans could change their votes. sources think the bill will be voted on and passed by friday. the governor is expected to sign the bill immediately if it passes the senate. we'll keep you posted. >>> what's once was a vibrant place for students to learn is a heap of rubble and ashes. they say arsonists torched king elementary school near 39th and carson boulevard days before a wrecking crew was set to tear the building down. though the building was set to be torn down, they didn't have a chance to mover teaching supplies to the new school. students say they are completed devastated.