the world's best known landmarks. also a rash of violence is prompting san jose's top cop to take action. coming up, the big change coming to the streets of san jose. >>> good morning. thanks for being with us. i'm marla tellez. jon kelly has the morning off. we begin with gunfire on the streets of manhattan where an ordinary morning in new york city turns tragic. two people are dead and at least nine others injured after officials say a man upset about being laid off shot and killed his former office manager right in front of the empire state building. police say 58-year-old jeffrey johnson walked up to his former colleague just after 9:00 this morning and shot him in the head. he tried to take off but ended up in a chaotic showdown with police on fifth avenue. johnson was shot and killed and several were hurt, some inadvertently by police gunfire. those people are expected to arrive. mayor michael bloomberg says the shooting is a reminder that although new york is the safest big city in the country, it's not immune to senseless gun violence. >> i ask everyone to keep the victims

tellez. >> i'm jon kelley. we begin with the news in the south bay. an all out manhunt in san jose. at this hour, one man is in custody and a $20,000 reward offered for information leading to the arrest of a second suspect. this following four robberies and homicide and officer-involved shooting. bob redell is live at city waha with the latest information after being briefed. quite a situation. >> reporter: along with the mayor's office. good morning, jon. the mayor's office has just upped the reward looking for the second man wanted in connection with the attempted murder of two police officers and the murder of an innocent civilian. police have also just released a sketch of the second suspect who is right now considered to be san jose's public enemy number one. to put an exclamation point on this. the assistant police chief along with mayor chuck reed and the city council participated in the joint news conference that ended an hour ago. the mayor will contribute $10,000 from his budget to raise the reward to $20,000 for information leading to the arrest of suspect number two. police

. >>> switching gears to the news, new details this morning of a san jose double murder. police are searching for the gunman who killed a couple inside a home they shared with their young children on monday morning. the suspect is 31-year-old pedro medina. investigators say he may be driving a blackney san maxima and headed for mexico. he's accused of shooting pedro and marry bell hernandez to death. their children all under 8 years old were home but not injured. >>> the search continues for a band of smash-and-grab thooef who is struck at an east bay mall. police tell us the group walked into zina jewelers at the new park mall in newark yesterday afternoon. you're looking at pictures of the aftermath. investigators say one suspect armed with a mac-10 machine gun fired shots and then smashed display dais cases. the group then grabbed jewelry and took off in two cars, a white mercedes and black acura or lexus. luckily, no one was hurt. anyone with information is urged to call police. >>> a chance of a lifetime that could change a life. some south bay high school students are getting

drive in daly city about the same time could also be tied to this case. >>> san jose city council members could make history with a vote on businesses that offer quick cash in the city. they're set to put a cap on the number of pay day lenders in san jose and prevent businesses opening in or near low income areas. if the measure does pass, the lenders must stay in the current locations. if council approves the measures, san jose will be the largest city in the entire country to put a cap on pay day lenders. >>> 20,000 teachers across california got layoff notices in march. today they're learning if they will lose their jobs. this is the day school districts have to notify employees if their jobs are eliminated. in san francisco alone, more than 200 teachers were given pink slips. in san jose, more than 140. the good news, many districts say the majority of layoff notices will be rescinded. >>> and thousands of undocumented workers in california may get permission to stay in the state. a bill moving through the california legislature would give some immigrants, those who already ha

is riding along with police and he is literally outside one of those suspect's homes in san jose. damien, what are you seeing and what is the vibe and the energy? >> reporter: right now investigators are inside this home the northwest side of san jose and doing their forensics testing on some of the hard drives and thumb drives and whatever they can find that might get them more evidence. they did arrest one person here at this home. we shot video of that a half hour ago. he is 44-year-old valentine height. i asked him if he had any kind of child pornography in his home and he declined to answer. 30 agencies involved in this and 165 agents. let me bring in a police officer with the san francisco police department and, sergeant, how difficult are some of the images you've seen? how difficult are they to look at? >> they are extremely difficult. we are talking about the sexual assault, the rape of very young children, sometimes, 3, 4 years old and run across videos of the rape of infants and terrible images and difficult to deal with. >> reporter: you're going across the state. you've done

up and running. >> moving now to the south bay, san jose police are investigating two more shootings, one of them deadly, adding to an extremely violent week in san jose. both happened in east san jose. the first shooting killed a man on poc organization way about 6:30 last night. this is near king and story roads. this is the city's 29th homicide of the year. the second shooting happened about 30 minutes later at jackson and luz avenues. that victim is expected to survive. no word on whether those shootings are connected. >>> happening right now, a $2.5 billion battle over patents is wrapping up this morning in san jose. lawyers from both apple and samsung making their closing arguments to a jury as we speak. apple, of course, arguing samsung copied its iconic iphone and ipad and it deserves billions of dollars in compensation. nothing short of a bitter battle even though the judge here ag e agrees with that, saying this case is basically deadlocked, urging the two sides to settle this thing out. business and tech reporter scott mcgrew just walked out of the courtroom number five at

expecting key testimony in a san jose courtroom today from a man on trial for assaulting a retired priest. william lynch admits, yes, he did attack a priest but says it was all retaliation for the priest sexually assaulting him years ago. nbc bay area's christie smith is live in san jose with a look at everything going on in court today. kra christ christie, good morning. >> reporter: good morning, jon. a witness is on the stand who is says she worked at the sacred heart jesuit center for 14 years and she she actually walked in on this assault in progress. she testified this morning that she heard william lynch yelling, "you ruined my life. you ruined my brother es life." the trial of william lynch, accused of assault and elderly abuse of gerald lindner, a jesuit priest. this attack apparently happened in 2010. lynch says in the 1970s lindner molested him and his brother. mary eden says she saw lynch standing over him and aggress e aggressively hitting him, her words, that he had plood blood on his face, that lynch tried to leave and come back but stopped him from returning and let

costs for bryan stow. >>> and i'm here at the community center where san jose is looking for a new police chief. i'm have a couple of names for you coming up. >>> good morning. thanks for being with us. i'm marla tellez. jon kelley is off today. we begin in san francisco where the hospital that treated giants fan bryan stow for months after being beaten outside the stadium last year wants the dodgers to pay up. we have bob redell with more on this legal action. bob, good morning. >> reporter: good morning, marla. we have just heard from the city tax collector's of bureau of revenue. they are filing this legal action. they confirm the city is going to go after the los angeles dodgers for reimbursement in the treatment of bryan stow. the giants fan who was severely beaten outside of a dodgers game. to help pay for the four months of care it treated stow's injury. the city attorneys have asked a bankruptcy judge to add san francisco to those seeking damage from the team's insurer. this is a bankruptcy issue because the team filed chapter 11. this was a controversy. the city says this

little easier. san jose police just unveiled a new national broadband they say is crucial in emergencies. the national network will allow first responders to communicate with each other in case of catastrophe. for example, san jose would be able to tap into another police force frequency to coordinate a mutual aid response. the san jose police chief was spearheading that effort for a couple of years. >>> well, the pg&e saying the deadly san bruno disaster was an accident. that's what they're saying and they're going with that story. because of that, it shouldn't have to pay punitive damage to victims' families. in recent court documents, they claim there's no evidence deliberate wrongdoing required for such damages. hundreds of victims are suing the utility in civil court, demanding punitive damages, millions in compensation to homes and lost loved ones. that civil trial is set for this coming july. >>> meantime, a 1989 memo shows the san bruno pipeline had a history of bad wells. the recently uncovered document details investigation into a 1988 leak about nine miles south of

a sign of her. >>> a san jose man accused of molesting a group of vulnerable children expected in court today to face charges. investigators say 33-year-old joaquin bailey sexually molested two young girls in his care as well as an 18-year-old woman with the mental age of a kindergartner. bailey previously worked as a staff member at eastfield ming quong, a facility in las ga toes. and he was also working at the achieve kids for the mentally disabled in san jose. investigators say they are right now looking for more victims. if convicted, bailey faces 53 years to life in prison. >>> a driver shot in the neck on interstate 580 is still in critical condition today. and now oakland police hope a $15,000 reward will help them catch the shooter. this is a follow-up to a story we brought you yesterday. a 26-year-old man was shot driving east on 580 near the fruitvale avenue exit late sunday night. the victim's brother, who was riding in the passenger's seat, was not hurt. police shut down the freeway for several hours to investigate. anyone with information is asked to call police. >>>

san jose from 6:30 until 7:30. >>> new at 11:00, a cup until contra costa county behind bars after investigators say they stole hundreds of credit card numbers, then went on a shopping spree. monterey county sheriff's deputies stopping otis hickman and jazzmin cooper sunday morning in cornell. they admitted to using cloned credit cards to purchase over $5,000 worth of merchandise. they searched the couple's home and found hundreds of cloned credit cards there. investigators say there could be as many as 500 victims total with hundreds of thousands of dollars in losses. >>> in the east bay, an oakland man is in critical condition today after being shot behind the wheel on an east bay interstate. it happened about 2:00 a.m. on 580. they found the victim's car perpendicular to the road. the freeway had to be shut down for several hours during this investigation. investigators are still gathering evidence, and they have no suspects. they're asking anyone with information to give them a call. >>> in the north bay now, a santa rosa father accused of abdugting his three young daughters wi

said so far. >>> increase in the sales tax? that's what they're talking about here in san jose city hall. i'm bob redell. i'll have that story coming up. >>> and the state capitol busted up in an overnight rampage. the news at 11:00 start now. >>> good morning, everyone. thank you very much for joining us. i'm jon kelley. >> i'm marla tellez. this morning, panic in the halls as school bells are interrupted by a deadly burst of gunfire in ohio. >> when i was walking back i heard shots fired in the cafeteria. i thought it was firecrackers at first, i wasn't sure. there was a lot of running, a lot of screaming. i heard a bunch of shots fired. >> students screaming and ducking for cover as a classmate moves through his high school kaf tearia, firing off rounds. students at chardon high school, this is east of cleveland on lockdown for hours as worried parents rushed to campus fearing the very worst. right now one student is dead, four are fighting for their lives. and a thousand others are traumatized. nbc's chris clackum joins us with the latest on the chaos in the cafeteria. >> report

off. >>> breaking news. san jose place have now arrested a suspect in connection with a homicide that happened inside a safeway earlier this week. within the last 30 minutes, police announced the arrest of this man here. he is identified as 27-year-old michael howard. howard is accused of stabbing and killing 24-year-old juan miguel moones on monday night. he stopped at the saveway in east san jose on his way home from work. his body found in one of the aisles in the center of the store. they say he was a third-year accounting student at san jose state and had no known gang ties. investigators don't know the motive for the killing. last night, the victim's families and friends and some who didn't know him, lit candles and prayed for him. >> today, unfortunately, was our cousin. but tomorrow could be someone else's child. you know? it could be someone else's family member and, you know, it needs to come to an end and it needs to stop. >> there have been 32 homicide this year in san jose. it tomorrow, san jose police chief chris moore will hold a meeting with the city's gang task force

. we'll show you thousand they landeds summer jobes there. >>> and a live look over san jose on monday morning. we'll check that forecast with christina loren. the news at 11:00 s.t.a.r.t.s now. >>> good monday morning, everybody. i'm jon kelley. >> i'm marla tellez. happening right now, closing arguments are under way in the case of a south bay man charged with assaulting a priest who he says abused him as a child. nbc bay area's bob redell is live in san jose with the latest from the courtroom. bob, good morning. snoosh good morning, marla. the prosecution wrapping up, delivering its statement by power point presentation. it will d.a. employed the jury to find will lynch guilty in the assault of father jerry lindner in spite of of the sympathy the jury might have for him. while it's natural to feel bad for lynch who was allegedly sexually assaulted by the priest as a 7-year-old, they can't use that in determining his guilt or innocence. each of us is bound by laws, vigilanteism is unacceptable in a democracy, oh wiese society is thrown into chaos like what happened in "lord of

get it. >> and san jose police searching this morning for a gunman in a drive-by shooting that left one teenager dead. the 17-year-old boy was shot several times walking along near story road just after 6:00 last night. investigators at this point have not said if the shooting was gang related and no arrests have been made. this marks san jose's 19th homicide of the year. >> new at 11:00, a renewed surge and a bigger reward in the sier sierra lamar case. volunteers gathered this morning to resume the search for the missing 15-year-old. the fly yore now says abducted, not missing, and the reward has increased to $35,000. the conditions of the reward now also include information leading to a successful prosecution in the case. steve lamar says after three months it's the volunteers that keep the family going. >> yeah, just trying to stay focused and positive on finding sierra. but still, you know -- it's still hard times as before, you know, still some sleepless nights, still crying at times. >> can't imagine. as volunteers resume their search for sierra, steve lamar also thanked anon

>>> i'm damian trujillo live in san jose are where the city says it's putting on a full-court press against the growing gang problem. that's coming up. >>> and i'm stephanie chuang live in oakland where dozens protesting are still camped out at lakeview elementary despite police warnings they could get arrest. what they've got planned coming up next. >>> a little bit of drizzle during the start of summer. what does the weekend hold? christina loren will let you know. the news at 11:00 starts now. >>> good morning. thanks for being with us. i'm marla tellez. >> i'm laura garcia-cannon in for jon kelley. prevention and protection. after a spike in homicides, the city of san jose is rolling out a new strategy to stop gang violence. nbc bay area's damian trujillo is live in san jose with details of a new plan unveiled this morning. good morning, damian. >> reporter: good morning, laura. for the last six hours the city leaders have been talking about how to address the growing gang problem. today they heard first hand from a grieving family right here in san jose, how difficult it's been

latest from here. reporting live in oakland. back to you. >> thanks. >>> san jose police are regularing tregular i investigating the city's third homicide of the year near blackford at 10:00 after night. a 2 -year-old man shot to death behind an apartment complex. police have not identified any suspect but was believe the victim knew that person. >>> latest murder coming at a time when the city reviewing a report saying it could by by with fewer police officers. ibm did a study of san jose's crime rate and concluded the city could cut 400 more officers at a savings of $60 million. mayor reeves says the tech giant was brought in at no cost to analyze the public safety departments and despite findings this does not mean there will be any cuts to the police force. >> i don't know how anyone in their right mind could think we could do this job with 300, 400 less police. we're below 1100 the lowest we've been in over two decades. >> jobs are not on the line. this report identifies ways to be more effective. we can use this analysis to avoid further cuts in the department. >> on we

pink slips in the east bay. i'm bob redell, that story coming up. >>> i'm live in san jose where police say they're looking for a kidnapping victim. the latest on the 15-year-old coming up. >>> plus kindergarten campout. parents braving the cold all night to get their kids a spot in school. the news at 11:00 a.m. starts right now. ♪ ♪ >> good morning. and thanks for being with us. i'm marlo tellez, and i'm john kelly. this morning the mortgage mess. >> a new report shows more people will lose their homes in 2012 and to make it worse, 150 people are now without work after an east bay mortgage insurer cut their jobs. we do have team coverage this morning. nbc bay area's bob redell is live in walnut creek where 150 workers have been sent packing, but we begin with business and tech reporter scott mcgrew in our newsroom. why are more closures getting worse? >> perhaps, marlo because we tried to make them better. the data from realty track say foreclosures in 2012 will be more numerous because back in 20 len those same foreclosures were delayed by legal action and delayed by the investig

have pretty significant showers coming down in san jose and east bay that are seeing the most activity at this point. let's take it here, doppler radar, show you that potent late spring storm that's provided almost a half inch to some cities of rainfall so far. we are still tracking this system on the way to livermore through the next 49 numites. expect gusty winds and active weather in that neck of the womis over the course of the xt hour. want to take it to street level in san jose,ur headed to 280, watch for slick conditions past meridian as we had significant cells roll through. as we head through the day today, it will stay mild. temperatures will not be warm until tomorrow. the sun comes back out. the full forecast is ready to go now. i will send it back to you and the rest of the top stories. >>> nothing short of an emotional morning in a san francisco courtroom. a woman whose husband and son were murdered by a gang member reading a statement as the judge considers the defendant's sentence. christie smith is live with more on what the mother had to say. christie, good m

recovered evidence implicating him. he is being held without bail. >>> two separate fires in one san jose high school overnight, and this morning, investigators say they were no accident. nbc bay area's bob redell has more on the questions being raised about who started them and why. >> reporter: the san jose fire department does believe someone was trying to burn down the library here at evergreen valley high school in south san jose, and if it weren't for a smoke and fire detector, they may have succeeded. it wasn't the only fire. a second was set in the dumpster. the dumpster fire was far enough that it didn't threaten any structures. a fire alarm alerted the fire department after 2:30 this morning. they were able to put out both fires fairly fast. the fire against the library wall started in a pile of wood debris, crept up the wall and up to the overhang. outside of smoke, didn't effect the inside of the library. >> the fires appear suspicious. the arson investigator is on scene and investigating. as of now, we have a cause that's not determined. >> reporter: there are cameras installed in

mnmnmnmh >>> good morning. more than a year after vandals defaced it, the san jose veterans memorial is back. that's coming up next. >>> plus, a sierra skier dies in an avalanche. the investigation into what triggered a wall of snow to come tumbling down. >>> and yelp's glowing review as it debuts on the stock market. the news at 11:00 starts now. >>> good morning. thanks forring with us i'm marla tellez. jon kelley is off today. this morning, a memorial to bay area veterans, once smashed and tagged by vandal is now fully restored, thanks to an army of volunteers. live at san jose where the new panels are, once again, standing. what a great thing. hi, damien. >> reporter: it is. good morning, marla. this is where the people of san jose came to honor its men and women in uniform, the san jose veterans memorial, the rededication will take place in the next couple of weeks. this is where they came to honor the men and women until vandals got to it. after that vandalism last year, we brought a vietnam veteran to see the damage caused. he was in disbelief, and said it was one of

power most likely will be back on by noon. >>> a new issue to cloud. the controversy over san jose's pot clubs. the mayor wants to raise business tax on medical marijuana collectives from 7% to the maximum 10%. the money would pay for a city wide vote on whether to reveal new pot laws. those laws cut the number of pot clubs in the city from 100 to 10. critics say a tax hike would unfairly target patients who use the drug to alleviate symptoms of cancer and other illnesses. the city council takes up the issue today. >> next stop, san jose. this morning it appears plans to bring b.a.r.t. to the south bay are a go, thanks to a major federal boost. nbc bay area's stephanie is live in fremont, well, construction could soon get under way. >> reporter: good morning. it's it's already under way. we're live in the warm springs area off of 880. here at corner of kato and warner, construct for the project. there was uncertainty about funding. today the projects secured its latest and biggest investor yet the federal government. to get from east san jose to work in san leandro, roy has to drive to f

. >>> in san jose, more pink slips could be looming for men and women in blue. the bay area's largest city, which was once ranked the country's safest, is talking about more cuts to its police force. san jose mayor chuck reed is asking the city manager and city auditor to come up with recommendations today but he says this does not mean there will be cuts. a report by ibm released last week found san jose could lose e another 400 officers based on its crime rate and that would save $60 million. >>> from the occupy protests to a spike in shootings to city-wide layoffs, it has been a tough year for oakland. mayor jean quan is trying to put a positive spin on it all. she will have her state of the city address at 7:00 tonight at city hall. also making an appearance there, occupiers who are planning a silent protest during the mayor's speech. 400 of them were arrested during a rally just 11 days ago and just last night the city failed to pass a resolution that would have boosted police patrols at those occupy events. >>> an east bay boxing gym which doubles as an after school haven for ki

clara. >>> we have a live look out over san jose into the mountains. meteorologist christina loren says it will be a spectacular week, so hang in there. the nbc bay area news at 11:00 starts right now. >>> good morning. thanks for being with us. i'm marla tellez. >> good morning, everybody. i'm jon kelley. the cuts are coming, and yes, they will be deep. governor jerry brown asking for more help from state workers to try to help balance the budget. >> the governor is now proposing state workers move to a four day nine and a half hour work week, losing two hours or 5% of their pay per week. he has also taken cell phones from state workers and offered a proposal to roll back health and pension benefits. the proposed cuts come as governor brown pushes a tax increase that will appear on the november ballot. >> and if you want to vote on the tax increases or any other issue for that matter, you need to be registered. today is the final day to be eligible for the june primary. christie smith is live in oakland with more of the impact this year's issues could have on the turnout. christie, goo

. >>> i'm stephanie chuang live at san jose state, the number of students approached bay stranger early this morning has jumped to four. details coming up. >>> apple continues to struggle, under growing criticism of its factories. ahead in business news. >>> a boat barges into a bridge, sending it crashing into the water below. nbc bay area news at 11:00 a.m. starts right now. >>> good morning, everyone. thank you very much for joining us. i'm jon kelley. >> i'm marla tellez. >> a terrifies morning. police are searching for a man who allegedly broke into the dorm in the middle of the night and attacked not one but four girls as they slept. nbc bay area's stephanie chuang joins us live on campus where the attacker is still on the loose. good morning, stephanie. >> reporter: marla, good morning. keep in mind, san jose students returned three days ago for spring semester. the reported attack happened here at joe hall west dorm. you have to have a key like this to get in at all times. police are trying to figure out if the accused attacker lives here or followed somebody in. >> entered room

married couple is recovering from burns after their san jose home caught fire early this morning. the smoke woke them up at 3:45. they were able to escape before the flames completely engulfed their house on carlton avenue. both were walking and talking before going to the hospital for burn treatment. their injuries are not life threatening. >> just got a call around 4:00 this morning. my brother-in-law was freaked out. said his house was on fire and he had been burned. you know, obviously he founded freaked out. >> the san jose fire department faced two serious hurdles when fighting the fire. the power lines that prevented the aerial hose from getting the angle on the fire and the ammunition in the home forced them to take a defensive posture. investigators are still trying to figure out what caused the fire. the family believed it started in the kitchen. >>> there is another trash bin fire to tell you about in san jose. the west part of san jose. this is number ten in the past three weeks. fire officials say the bin was set on fire last night close to delna manor lane. that fir

string of arson fires. >> reporter: emotional testimony in san jose as a man admits on the stand that, yes, he beat up the priest who allegedly molested him as a child. the news starts now. >>> good friday morning, everybody. i'm jon kelley. >> i'm marla tellez. we begin with breaking news in san francisco. crews are working a three-alarm fire on leavenworth street between geary and o'farrell. it is an apartment building in the heart of the tenderloin right near union square. nbc bay area's christie smith is live at the scene where at least one person has been taken to the hospital so far. christie, good morning. >> reporter: good morning to you, marla. right now several alarmed ladder trucks are in front of the building basically blocking the street here. they have their ladders extended all the way up to this seven-story building. it's an apartment. you don't see smoke or flames because the fire was mostly in the back of the building. i just spoke with a firefighter, and they tell me that at this point it's almost contained. that's the good news. it started about 10:00 this mor

jose after a surprise retirement announcement from current chief chris moore. concern for the san jose rising crime rate takes center stage at two meetings tonight from two parties with two messages. chris moore's decision to retire now, barely two years into his four-year contract, could not come at a worse time. according to the city council member pete constant. >> we are going to spend the number of months searching for a chief of police. those are months we should search for solutions. >> problems like a spike in crime on the streets in san jose and the police department struggles with resources. he was forced to layoff police officers to deal with the $90 million budget deficit. that is part of the reason why he is leaving after 27 years. >> 30 years is a long time in any business. in law enforcement, that is the right time. if i think of all of the factors that led into it, clearly our scenario had something to do with it. >> tonight, the city council will review the meeting to the recent response to crimes. that is happening at city hall and the police officers association

bay with new steps the city of san jose is taking to get drivers to stop texting while they're behind the wheel. that story coming up. >>> right now we take you live outside. that is from san rafael -- actually, mt. tam out there. the news at 11:00 starts right now. >>> good morning. thanks for being with us. i'm marla tellez. >> good morning, everybody. i'm jon kelly. there are new clues available right now that could ultimately bring the killer of a 5-year-old boy to justice. oakland police right now hoping that somebody will pay close attention to try to help them solve a murder. nbc bay area's christie smith is live in oakland with the latest. good morning, christie. >> reporter: good morning to you, jon. i spoke briefly with gabriel's father by phone. he tells me he hopes there is an arrest because of this. his little boy was shot and killed, died right in his arms. eight months later, oakland police are releasing a new sketch and some surveillance tape, and they want you to take a close look. they released a sketch of the person that they believe is the shooter. he may ha

morning. san jose just as clear. we'll get to bob redell in just a moment. he's out there with some gymnasts. yeah, they've got their stunner shades on because it's so bright and sunny out there. as you head off, maybe you're heading out going shopping or something today, you want to grab your jacket, just as we head throughout this evening. temperatures are going to fall back into the 50s. what's happening is our days aren't as long as they were just a month ago. and so our mornings are cooler, our the evenings cooler as well. satellite imagery, nice and cloudy for pacifica all the way up to santa rosa. still getting the rich texture. mostly cloudy conditions won't last much longer. temperatures are rising rapidly in the areas that have cleared. 75 degrees in continue ford. livermore, 61. san francisco, the warm-up is on as we are getti inting some sun, some breaks twn clouds. 84 in redwood city today, comfortable, 80 in fremont and 75 degrees in santa cruz. got tickets to tonight's game, those giants back at it hopefully taking home a fourth win as they take on the diamondbacks. i

>> reporter: the priest sex abuse trial here in san jose will resume for now after a judge rules there are no grounds for a mistrial. i'm bob redell. that story coming up. >> reporter: it was a beautiful mural painted by students in san francisco until the district accidentally painted over it. i'm christie smith. we'll tell you about this situation coming up in a live report. >>> and a mixed ruling on arizona's immigration law from the u.s. supreme court. the impact on other states and the november elections. >>> and right now a live look outside. a beautiful shot from san bruno mountain over the city, clouds everywhere but blowing out for some beautiful sunshine. tell you all abit coming up. the news at 11:00 starts now.ou. the news at 11:00 starts now. >>> good morning. thanks for being with us. i'm marla tellez. >> good morning, everybody. i'm jon kelley. new at 11:00, request denied. a san jose judge rejecting a defense request for a mistrial in a high-profile case involving an attack on a retired priest by a man who says he, in fact, was the real victim. nbc bay area's bob

>>> good morning. i'm bob redell. live here in san jose with new information on the man arrested for having a pipe bomb. the latest from police headquarters coming up. >>> and it's time to get out those umbrellas. yeah, that's right. the rain moving in. christina loren will be along to let us know how wet the bay area will get and how long it should last. >>> also, from the election to the fiscal cliff, the president jumping right back into the deep end trying to get a bipartisan deal done before january. we'll tell you where things stand this morning. the news at 11:00 starts now. >>> good morning and thanks for being with us. i'm marla tellez. >> and i'm jon kelley. good morning, everybody. at this hour right now, dark clouds hovering all around the bay area and that rain starting to come down in what's been nothing short of a roller coaster weather this week. started out with record temperatures, then down to some 30 degrees lower and then some rain. >> it's hard to believe it's all in the same week, just two days ago, 92 degrees in gilroy. now talking about 50s and a lot of r

and fathers living in a west san jose neighborhood. coyotes are roaming this area not far from an elementary school. and while they'll typically stay away from people, some family pets are at risk. nbc bay area's arturo santiago is live with more. hopefully you haven't run into any coayotes yourself. >> reporter: not so far, marla. we are in west san jose, just a couple blocks away from foster hill elementary school. now, this is the time of year typically where we can expect to see more and more wildlife out and about of all different kinds of species. the young animals are starting to roam with their adult parents, and because of a smaller food supply because of the dry weather, well, that's when you start getting coyotes hunting on the streets of suburbia. one working theory is that the coyotes are coming and going via st. thomas aquino creek which lies directly behind foster hill elementary school. this family lost two of their cats on the same night a few weeks ago. >> one cat was in my neighbor's yard just torn to pieces, literally all over the yard, and the other cat was in

violence has san jose city leaders calling for action yet again. >>> and the first presidential debate now in the books, the surprising reaction from analyst and voters right here in the bay area. hear who they think came out on top and why. the news at 11:00 starts now. >>> good morning and thanks for being with us. i'm marla tellez. >> and i'm jon kelley. good morning, everybody. it was a deadly night out on the streets of san jose as police investigate two separate homicides just four hours and only four miles apart. homicides number 35 and 36 this year alone. bob redell is live at the police department. you just attended a press conference there, getting more information about the latest run of violence. bob, good morning. >> reporter: good morning to you, jon. san jose in the past has prided itself on being america's safest big city has just racked up homicides number 35 and 36 for the year. police believe one of them is gang-related. when we spoke with sapd within the past hour, the officer wondered if the city's still had its gang tax force if that task force was still in

san jose to explain all of the changes. bob, good morning. >> reporter: good morning to you, jon. yes, today's primary election represents a first in california state history. instead of the candidate with the most votes taking the prize for their party, the top two vote getters overall, regardless of party affiliation, and only the top two, will compete in a runoff during the november election. even if they're from the same party. this is a result of 2010 prop 14. this could hurt candidates in smaller independent parties and freedom parties that normally have representation on the november ballot. because of the new rule, most likely won't be able to beat out say a democrat or republican who typically garner the most votes. the only exception to the new rule is the presidential race. this morning in santa clara county, registrar of voters, we have seen a slow trickle of voters, no surprise considering turnout predicted to be half if not less than half all registered voters. >> it is typical. during the primary election, there's between 40 to 50% turnout, give or take what's on the ba

>>> a developing story in san jose. evacuation orders are being lifted as we speak after postal workers get sick handling packages containing an unknown powdery substance. good morning, everybody, thanks for joining us. i'm jon kelley. marla tellez has the day off. fire trucks and police cars are just now pulling away from that scene near the courthouse at 105 near 1st street. close to james park. stephanie chuang joins us with details. good morning. >> reporter: the hazmat situation in downtown san jose has been called off just minutes ago. postal workers went back into the building. so what was that mysterious white substance? i'm stephanie chuang live with that coming up. >> all right. the investigation shut down light rail service for some time in that area. nbc bay area bay area traffic reporter mike inouye joining me now. >> we had roads effected by the activity. they closed off roads around the perimeter of the post office. the t flow from japan town station through the area, andretty much from the convention center to st. james effected by that. therwere delays, folks we

involved in friday morning's shooting at a san jose karaoke bar on senter road. a 25-year-old man was killed. investigators believe attack was gang related. this was san jose's 18th homicide of the year. >>> a member of president obama's cabinet has been hospitalized after crashing into two cars in southern california over the weekend. u.s. commerce department says secretary john bryson suffered a seizure before hitting a car, twice in the city of san gabriel saturday afternoon. police say he was involved in a second crash about five minutes later. paramedics found bryson unconscious at the second scene before admitting him to the hospital. the l.a. county sheriff says that no alcohol or drugs came up in bryson's system. bryson had been cited for felony hit-and-run but given the medical condition those charges might be dropped. >>> a woman is recovering today after being rescued from a sinking car in oakland, and the whole thing was caught on video. this is a cell phone video shot by a passerby last night. you can see the woman trying to climb out of her window when the car starts to

starts right now. >>> this morning we again with developing news, a san jose s.w.a.t. team has a wanted felon surrounded. right now, police are outside a vacant home on blossom near blossom hill road, trying to coax the man out peacefully. this is where nbc bay area's damon joins us live. we understand the suspect is wanted for a string of violent crimes. >> reporter: talking about carjacking, marla, and some other robberies and some other incidents that make this guy a really wanted felon here in the city of san jose. we do know that the s.w.a.t. team still has a house rou surrounded. we did hearded a flash bang aga grenade 20 minutes ago. they spotted this suspect before 4:00 this morning in south san jose and followed him into this one house that police say is abandoned. neighbors say it's a home that's gone through foreclosure. they say they he is a wanted felon with home invasion robbery and carjacking. we did speak to one neighbor who can't get into her house because of this lockdown right now. >> yeah, really scary. really scary. with the bank robbery that just happened la

about 58 degrees here in san jose. you're already in the 60s in the city where the sun is breaking through. a mix of sun and clouds throughout the remainder of the day. sunset tonight at 6:10. it's going down so early. but as you know, we have a time change just around the corner. a little patchy fog on friday. widespread fog saturday. and settled weather, comfortable conditions, good-looking weekend. that's your tease. >> and the weekend is spectacular with that extra hour to sleep. >> that just makes everything better. >> see you in a minute. >>> she mentioned superstorm sandy. millions across the northeast are beginning another day without power. some surrounded by water. others with nowhere to call home. the daunting task of clean-up has begun but where do you start. nbc's danielle leigh is in toms river, new jersey, to see what is left. >> reporter: three days after sandy left the northeast in crisis, final lis signs of recovery. >> we're working together to make sure new jersey musee ahead. >> reporter: firefighters began moving a boat washed into the center of a street. poli

. this morning, the man behind the new law visited parents and teachers in san jose's oak grove school district. stephanie chuang spoke with him and some parents who say they couldn't be happier. stephanie, good morning. >> reporter: marla, good morning to you. that's right. the state senator came to this elementary school in san jose visiting a transitional kindergarten class that has 23 4-year-olds, very cute little ones, in their first day of class. both he and parents say this is a huge win academically for the kid and financially for the state and for parents. >> let's go find a bed. >> reporter: it's 4-year-old dylan's first day of school at george minor elementary, but this wouldn't have happened if it hadn't been for transitional kindergarten. >> we've been, you know, able to put him in this program and at no cost to us, and so it's just another opportunity for him to get an early start on that education. >> any type of jump-start you can give your i can is a good thing. it can't be bad. they can never learn too much. >> reporter: there's a new kindergarten cutoff age. you have

, christie smith. i'll send it back to you in san jose. >>> this morning, san joaquin county investigates searching through an abandons well for human remains. rain forcing crews to call off the search yesterday at a ranch near lyndon. investigators have uncovers more than 300 pieces of human bones. they were led to the location by one of two serial killers who claimed his partner dumped more than a dozen bodies there in the '80 and '90s about. the sheriff's office has gotten swarmed with calls from worried families. he's asking the crime lab to rush the test to quickly identify the remains. >>> hours from now an east bay teenager, who admitted killing his parents, is expected to answer to charges in court. 15-year-old is being tried as an adult. police say the boy confessed to strangling his adoptive parents at their oakland home last month and trying to set their car on fire with the bodies inside. investigators say there had been tension in the home over his repeated suspension from school. >>> funeral home handling services to for whitney houston say there are no plan for a public mem

south bay a college student accused of walking into a san jose state university dorm attacking four women will make his first court appearance today. the 21-year-old escobar is accused of entering the unlocked dorm rooms and groping sleeping students. escobar is a junior and noose previous arrest record at that university. >>> and san jose teacher craig chandler could make history on charges of sexually assaulting a student last fall at ob waily elementary school in san jose. police say they're still looking for other potential victims. >>> and a horrifying case of teacher child abuse coming to light in los angeles. police say the 61-year-old is charged with committing lewd acts on two dozen children over a two-year period. a film processor alerted police when they developed pictures of girls and boys between 7 and 10, blindfolded with mouths taped shut. more pictures were found 4 this in home when arrested yesterday. he's been a teacher at the same elementary school for 30 years. >>> a sear res of bar fights and brawls is forcing a police crackdown in downtown walnut creek. the pol

. back to you in san jose. >> thank you so much, christie. jury selection begins in the trial of a san francisco gang member accused of killing three members of a family in mistaken identity back in june of 2008. the man and two of his boys died. sparking public outrage that protects juveniles convicted of crimes from being deported. >>> she doesn't want a chance to meet the sharks players but wants an apology. she told the san jose mercury news she has been offered personal gifts and tickets but has yet to hear an "i'm sorry" from the woman who she says what canned her on the head last wednesday. she is a brain cancer survivor and she suffered a partial concussion from that blow. the fan told sharks security she hit her by accident while celebrating. san jose police are investigating but say not many people saw what happened. >>> along with a new year, the new season may bring -- soccer team and brand new digs. >> reporter: today is the last day anybody can appeal the permit the city issued for the new stadium near coleman and 880 across from norm minetta international. some peopl

targeted killing. >>> new this morning, our very first look at the san jose teenager who died after being brutally beaten in a downtown park. this photo of 14-year-old herberto reyes is from a facebook page. san jose police say the eighth-grader was jumped by suspected gang members at roosevelt park friday evening. he died monday. police are pleading with witnesses to come forward as they look for the suspects. >> it weighs heavily on those detectives. some of them have children that are teenagers. a lot of people in the community have 14-year-olds. the police department, we take that very seriously. >> although the attack happened off campus, his school district is providing counseling for students, teachers and parents. >>> an alarming story out of san francisco this morning. a young research assistant has died possibly infected by a deadly bacteria strain in his lab. the 25-year-old was working at the veterans affairs medical center. investigators say he died of an infection after handling a strain of bacteria that can cause meningitis. the researcher began feeling ill on friday. he th

san jose. now the car flipped over just before 5:00 a.m. on the northbound 101 highway off-ramp 30 capitol expressway. that's where nbc bay area's bob redell joins us live. a grim reminder why we need to slow down and also buckle up. >> reporter: good morning to you, marla. yes, you are correct, one person is dead, two more people in the hospital, one with major injuries. this was the scene not too long ago. the survivors of the wreck along with family and friends who rushed to the scene, formed a circle and prayed over the spot where their loved one was killed, not too earlier -- a little bit earlier. there were eight people in the chevy trailblazer when it lost control and flipped over a couple of times in the mud off the roadway. chp tells us the road was wet, and based on their conversation with the driver they believe he had been speeding and they don't think anyone inside the suv had been wearing their seat belts. the person who died had been ejected and pinned by the vehicle, his friends stood by, hugged each other and cried as they watched the fire department struggle to re

and that they routinely argued. san jose police went door to door this morning and searched the neighborhood to make sure the gunman was not around. at last check, still nobody in custody. they did get a little bit of a witness description, young man, 5'7", blook hoodie and jeans in mid-20s, don't know who he is or anything about a motive just yet. this morning san jose police interviewed at least one witness down at the station. as for those three young kids, we're hearing about, we're hearing the grandmother who often comes to look after them. so hope that there's some family to look after these three young kids after a tragedy this morning. live in north san jose, stephanie chuang, nbc bay area news. >>> a reward is being offered for information leading to an arrest after a shooting in oakland that sent a 5-year-old girl to the hospital. the "oakland tribune" says the girl was the victim of a drive-by shooting but was not the intended target. that shooting happened saturday afternoon that the girl was walking along 50th avenue with her family. the girl was shot right in the n

>> reporter: seven homicides in just eight days. san jose's latest killing happening at this safeway on the east side. i'm stephanie chuang live with the pressure the police chief is getting and what he's being asked to do. >>> we just heard a loud creeking sound and, like, a crash, and we also felt the building shake and didn't know what was going on. >> early morning chaos at a bay area university. but after the evacuation and a car crash, campus police uncovering another problem. we'll have the details straight ahead. >>> plus -- >> reporter: i'm bob redell. we'll take you out onto the watt we are the ac-45s which will be competing starting this week in the america's cup world series. that story coming up. >>> good morning, everybody. thank you very much for joining us. i'm jon kelly. >> i'm marla tellez. just one day before school starts at the uc, berkeley, campus, we are hearing about an unusually high number of alcohol poisoning cases. and this comes after a very close call where a car crashed into a dorm on campus overnight. nbc bay area's christie smith is live at uc

move all related to the recent spikes of violence in san jose? >> reporter: no, it's not. not according to the santa clara county sheriff's office. they say it's not related. it's just coincidental. this gang sweep they conducted this morning is something they try to do on a regular basis in their attempt to combat this problem that's been bothering san jose for quite some time now. an early morning knock on the door from law enforcement trying to arrest a known gang member in violation of the terms of his probation. he's not home as it turns out but deputies find and arrest a woman they say was in possession of drugs and they believe affiliated with gangs and one small dent into the massive problems of gangs on the street of the south bay. >> we're competing with the gangs and we need to show a force just like they would. >> reporter: three teams com priced of the gang unit and probation department performed gang sweeps this morning arresting those known to be in violation of their parole and checking on others to make sure they weren't in violation and something the law enfo

improve. the batch of rain will move to san jose as we head through the next hour. we will not have a lot of time to dry out before the next system arrives. this is packing a punch. look at how much rain we are expecti expecting as we head through sunday. the next system arriving saturday in sunday. we will see the showers continue through the first half of sunday and get a break from the heavy rain from sunday to wednesday. that is the good news. you just saw that already saturated ground from christie smith. dangerous conditions when you consider the winds have been battering trees. some older trees can go down and flooding reports. those will continue to come into the newsroom. we will keep you updated. mike inouye, you have been so busy today. what are you tracking today? >>> i'm following on your coattails. that is where we see the incidents. let's show you this. 101 here at the 680. very soupy. as christina said, another hour of the rain. the south bay, you are not in the clear yet. as you stare at the screen, the rain is zig sagging across the way. we had trouble now on the map

. >>> i'm stephanie chuang live at san jose city hall. a check presented for the b.a.r.t. extension project. what it means for you, coming up picking up the pieces, a major settlement announced in the san bruno pipeline disaster. the news at 11:00 starts now. >>> good morning, everybody. thank you for joining us. i'm jon kelley. >> i'm marla tellez. breaking news in san francisco. the domestic abuse trial of sheriff ross mirkarimi has abruptly ended with a plea agreement. nbc bay area's monty francis live at hall of justice with the sudden development. good morning. >> reporter: good morning. this morning here at hall of justice, sheriff ross mirkarimi pleaded guilty to a misdemeanor charge of false imprisonment and in exchange the d.a. dropped the other three charges that the sheriff faced. the charges dropped include domestic violence, dissuading a witness and child endangerment. the plea deal took everybody surprise. the jury select was under away this stems from new year's eve, accused of inflicting a bruise on his wife's arm. his wife, eliana lopez, maint n maintained throughou