good morning i'm terry mcsweeney in for eric thomas. and i'm kristen sze, thanks for joining us. a firefighter is hurt this morning injured while in a precarious position while fighting a restaurant fire that broke out overnight in the east bay. let's go live to katie marzullo. >> reporter: this is the tequila grill behind us the back of the restaurant which technically faces east 14th straight. this was a one alarm fire, firefighters had it out under 40 minutes. not the biggest fire by firefighting standards, but just goes to show what a dangerous job this is, because a firefighter was injured. he suffered a severe leg injury. he was on the roof at the time using a saw to try and cut a hole in the roof to ventilate the fire. something happened up there. the chief says maybe the saw jumped on him and his leg got cut. the injury is not life-threatening but described as very severe. the fire broke out after 2:00 this morning when the first engine arrived, firefighters found heavy smoke and fire from the back of the building. actually, a bricked in storage room that had a dumpster in or near it at the back of the restaurant that's when the fire seems to have originated. it did breakthrough the entry door. it did come into the restaurant. firefighters were able to save the front of the restaurant. smoke damage throughout. flames contained to the back. they don't know the cause. they are confident it started in the back. one last note on that firefighter, he has been a firefighter for about 10 years. as of right now he is in good spirits. from the battalion chief. katie marzullo, abc7 news. the tents are back and police are back out at the foot of market street following a day of occupy protests that tied up traffic in downtown san francisco yesterday. amy hollyfield joins us live. any signs of activity now? >> reporter: there's a negotiation going on now. police have asked these tomorrow that take down these tends there are about eight or nine in justin herman plaza they are giving them their space, letting them talk it over. police have told them they want the tents didn't by 6:00 this morning otherwise police will do it for them. no word on whether the occupiers will comply. this has followed a day full of marches and rallies throughout downtown san francisco that sometimes interrupted the evening commute last night. those protests had hundreds of people, they were peaceful. a handful decided to keep the anniversary celebration going at justin herman plaza. they say they don't have plans to have any violent clashes with police this morning. the occupier i spoke with says they don't plan to leave. >> i think we are going to hold our ground and stay like we've always been doing, continue to occupy and usually the violence comes from the police. they usually use a lot, attack us with baton rouges, caging us with barricades. the violence usually comes from the police, not from us. >> reporter: no arrests have been made. police captain told me they started talking to the group 4:30 this morning and told them they need get out of here. the representative went back, talked to the group. the officers thought the representative seemed receptive. police are hoping they are not going to have to move in that the occupiers will decide to leave. they are still waiting to to see what happens. they are not making movement so they have a big sign up with their motto today and it says: "unstoppable, never surrender." amy hollyfield, abc7 news. san jose looking for a new top cop following police chief chris moore's announcement he intends to resign. he says his decision was his alone. the department is facing more lay-offs and budget cuts as violent crime rate soars. city council decided to drop a november ballot measure that would have increased police department funding. moore will leave the end of january, after 30 years. disagreement over how severe a bart explosion and fire were over the weekend. a bart ride witnessed the event said there was a loud explosion and towering flames as the train pulled into the civic center station. bart says reports do not indicate flames, just smoke the indent apparently caused by power malfunction. today san francisco officials will consider whether to fund the clean power sf program that would give residents the option of getting all power from renewable sources. board of supervisors expected to decide whether to approve a 19 1/2 million dollar contract to administer that program. the program would be an alternative to pg&e giving residents the option of paying more to fuel homes with solar and wind similar program operating already in parts of marin county. post-season tickets on sale for the a's. hundreds of fans lined up yesterday to buy tickets for possible wild card playoff game for the series. a's are baseball's biggest surprise. second best record in the american league despite having the second lowest payroll, money ball. loyal fans are primed for return to the post-season. >> i've been here win or lose, rain or shine, spring training, i'm always here for my a's. i'm back from the canseco days. i'm ready to do this. >> right now the a's on pace to be the number one seed for the american league wild card and still in the hunt to win the al west, three games behind the rangers. >> april, may, june or july, here they are just rocking. >> gangbusters. >> yeah. >> that's awesome. i'll put down money for the wild card game. >> you treating? >> sure. >> she is not treating anybody. best part of asking the question when you already know the answer. nice to have you here terry. plenty of ribbing from ter troy kristen this morning, stay tuned. southwest wind gusting to 31 at fairfield, marine layer back, not very moisture laden clouds are high that means hard to get rid of. you have to warm up the ground overturn the atmosphere if the clouds are above the ground it defeats the purpose. expect a slow go, most winds out of the west right now. low pressure out to our west, that is going to keep the sea breeze and the cooler conditions in our forecast for today. all of us starting grey this morning. 40s, a few mid 50s out there, clouds open up, especially inland and around the bay by noon, cloudy at the coast, 50s there 60s bay, 70s inland. near 80 by 4:00 inland, near 70 around the bay upper 50s coast you will need a coat all day at the coast and during the evening hours mid 60s inland, 59 around the bay, 55 at coast. we are going to wobble a little on the temperatures. down a little tomorrow then up a little thursday, friday. morning clouds, afternoon sunshine, few pockets at the coast temperatures below average the next three to four days. weekend forecast in a minute. first traffic. good morning. live look at the bay bridge heading out this morning you can see the incline section moving nicely up towards treasure island, no delays, metering lights are not on this morning. eastbound 4 loveridge roadwork a few more minutes slow traffic there headed from the concord pittsburg area towards antioch headed westbound moving nicely now out of antioch. elsewhere, north and southbound roadwork waldo grid to the golden gate bridge down to the left lane up the entire waldo grade construction is on the northern portion of the golden gate bridge. they should have that picked up shortly. slow traffic northbound and southbound as that roadwork is out there. howard street downtown by mosconey center closed due to the dream force convention between third and fourth. traffic anywhere south of market during that convention is going to be bumper-to-bumper if you are coming downtown. larkspur ferry discontinuing the 11:40 a.m. boat as of october 1st. larkspur is san francisco then san francisco to lark sure the 12:25 will also be eliminated -- 5:. next, the -- complains americans are making about telemarketers. >> bomb scare at new york's jfk airport. why the pilot threatened to evacuate the plane on the runway. major pot grow operation taken down outside california's capital. high-tech simulation giving students a real life lesson in the dangers of . good morning. new read on spiralling gas prices. energy department says the average is $3.88. there are questions about why crude oil prices plunged three dollars in less than a minute in new york trading yesterday. fed has an answer to high unemployment, confidence. new study says the jobless rate would be 7% if consumers had less doubt about the economy and spent more. more and more americans are sick and tired of telemarketers who hound them, despite the do-not-call list complaints are soaring itch the biggest complain, those recorded robo calls. mcdonald's delaying appearance of the mcrib from mid october to december as it tries to boost sales numbers. the jolly green giant resurrected for ad campaign asking kids to eat one more vegetable everyday. that's america's money. governor brown signed legislation that seeks to balance constitutional right to protest with desire to let those attending funeral services mourn in peace. legislation in response to protests at military funerals by the west borrow baptist church claiming -- by the west borough baptist church. -- the bill signed yesterday prohibits protests within 300 feet of funerals rather than 1,000 feet in the previous measure. huge pot farm operation south of sacramento out of business. state officials raided the farm near elk grove yesterday. authorities discovered 1500 pot plants, tucked into corn fields. the plants were stacked high on to trucks and haul away, -- and hauled away 17 people were rays i had. drug agents have been -- were arrested. drug agents have been investigating for a month. bomb hoax caused scare for passengers on san francisco to new york flight many someone called police yesterday to say explosives were onboard, american airline flight 24 out of sfo as well as on a air jet, both planes landed safely at jfk. one of the pilots spent several minutes arguing with the control tower over why he was being kept out of the loop. >> : >> the pilot did not evacuate. --. >> pilot kept us up-to-date as to any information he had that was coming in. >> i couldn't see out the window, i was too far over there was a lot of commotion outside. >> airport officials say there was little delay because of that incident. tomorrow is national don't text while dive day. at&t teamed up with oakland's skyline high to prove to students how dangerous texting and driving can be. simulator was brought in for hands on experience. before the road test a senior said he doesn't but confident he could. >> i'm texting. i crashed. i was texting and yeah it was hard to look and be on the road at the same time. >> texting while diving is illegal in california. -- texting while driving is illegal in california. seeing it without having to pay the price, what a fantastic idea. let's turnover to meteorologist mike nicco, clouds again to start our day, a little more too. >> more widespread which means cool again compared to average as we try use the sun says energy to get rid of the cloud cover. feels like fall again, 5:17, clouds not touching tops of the buildings, because the marine layer in the clouds are higher this morning. a lot of cloud cover, no radar returns, dry this morning. let's talk about temperatures, just updated these, everybody in the low to mid 50s now as you head to the monterey bay, cloud cover and low to mid 70s. for this cycle, sunshine this afternoon, even a few pockets out at the coast. with a strong sea breeze, temperatures will be cooler than average not only today but the better part of this seven day forecast. autumn doesn't arrive until saturday morning. possibly cooler weather after that. let's talk about today's temperatures compared to average one of the big stories five degrees cooler in livermore with that 79. napa 74, san francisco 62. san jose 73, nine degrees cooler than average, redwood city 69 today you should be at 80. here's the widespread cloud cover this morning, going to hang around for the entire commute, then 9:00, 10:00 will start retreating to the coast by noon there, pockets develop. south bay low to mid 70s, san jose and cupertino 73°. 59 at half moon bay also the sunset, low to mid 60s downtown south san francisco and sausalito, upper 50s beaches, mainly 60s along the east bay shore headed to castro valley, hercules, low to mid 70s. 80s into the east bay valleys many. with afternoon sun monterey bay stuck in the 60s. going to feel like playoff baseball chilly in the 50s tonight, 57 first pip down to 53 by the -- first pitch down to 53 by the end of the game. no real wild temperature swings until possibly sunday when all of us could be in the 50s and 70s otherwise 50s along the coast, 70s bay, 80s inland for the better part of the forecast. good morning. live shot of san rafael if your travels take you from novato past lucas valley road south 101, moving nicely traffic light headed into southern rib on to the golden gate bridge. macarthur maze from 80, 580, 880 everything looking good, flowing nicely into the bay bridge toll where metering lights remain off, very lightheaded into san francisco no delays on upper deck through ti eastbound 4 for roadwork picked up in 10 minutes. a couple mornings they've been late getting that out and it has jammed things up, so far they look like they are on time this morning. westbound 4 moving nicely out of antioch, no delays i am out of the central valley things are looking good from tracy up and over the altamont no delays, so far, so good. southbound 880 at lavorgna that on-ramp will continue to be closed due to construction for another 40 minutes or so. you know about this marin county transit officials have voted to extend contract -- [ unintelligible ] chicago teachers are set to vote today on whether to lift a walk-out that closed city schools the strict ended its second week yesterday many attorneys for the city of chicago have asked a judge toish you an injunction that would order teachers back to work. the judge delayed a hearing on that issue until tomorrow the city claim the strike is endangering hundreds of thousands of students. fans are mourning the loss of an actor who dominated daytime drama for two decades he died sunday if cancer in los angeles. he made his final appearance as edward quarter main in an episode that -- edward quarter man an episode last week. he was 84-years-old. next, the giants lower the magic number to -- >> a's plans for new stadium may be in jeopardy. the decision they say they need from major league baseball now. flying tomato in hot water. why olympic star shaun white has day in court. >> if you followed at amanda knox case you won't want to miss today's show. her ex-boyfriend, young italian man who found himself caught in the middle of the high profile mur mystery joins me to tell his sigh of the story. what happened that night in italy? that's toda "and what's your name?" "oh, it's flo." "and what do you do?" "oh, i sell insurance like no one else." "oh, that's nice." "thank you." now, that's progressive. call or click today. welcome back. looking being out from the roof cam -- looking out from the roof cam, beautiful morning nice shot overcast this morning little chilly, kristen doesn't like the shot giving me a frown what is wrong with it? >> nothing. >> beautiful shot. >> i'm just torturing you as i always do. >> and you are very good at it. >> thank you develop. a's on the road, giants opened 10 game home stan last night with a win against the rockies. pence broke a 1-1 tie in the 6th with a single, scored sandoval. romo slams the door shut in the 9th striking out giambi to end the game. giants win 2-1 and lower magic number to eight. any combination -- [ unintelligible ] any combination of giant wins and dodger losses totalling eight means giants become division champs. does he get the w or not. another delay in approving the team's plan to move will kill the proposal. commissioner selig might make a ruling by the end of the year but not a yes or no decision. san jose disputed territory which belongs to the giants. a's waited more than three years for the league to rule on building a stadium there. wolf saying if there is another delay they might as well just tell us no. gold medal snowboarder shaun white will not face assault charges but will face public drunkenness and vandalism this is his mugshot. police arrested white in nashville, tennessee early sunday morning. you can see the black eye there. police were called to a hotel to check calls about a drunk man. authorities say white reportedly pulled the fire alarm forcing the hotel guests to evacuate. police say he tried to kick a man who stopped him from getting into a cab. white fell and hit his head during that confrontation. they say he also broke a hotel phone. he's being ordered to appear in north next month. cal-state university braced for another possible round of fee hikes: move affected today that begins count town for final decision on the fate -- count town for final decision on fate of suspended sheriff ross mirkarimi. cool conditions again in afternoon compared to average, 50s coast, 60s bay, 70s inland only 80s in the east bay valleys towards morgan hill. feels like fall around the great lakes, 70s, 80s most places seattle 82, 89 in portland. how about our major airports? wall of water from top to bottom east coast already flight arrival delays into charlotte. expect more if you are heading east today many if you have people coming out here, san francisco will have flight >> announcer: live from the kgo-tv broadcast center this is abc7 news. >> . going to be a cool fall day. >> calendar's version of fall. >> good morning i'm kristen sze. i'm terry mcsweeney in for eric thomas. this morning we could be headed for a showdown occupy protesters camping out at foot of market street. they've been joined by heavy police presence. amy hollyfield is there. what is like there now? >> reporter: take a look behind me. this does not look like a group that is packing up and getting ready to move out. even though police have asked them to take their tents didn't by 6:00 this morning. they have a big sign up here it says: "unstoppable, never surrender." looking like police may have to move in. yesterday, was full of rallies and march tossle great the first anniversary of the occupy movement. -- hundreds peacefully participated in downtown san francisco most of them went home. a few decided to keep the celebration going at justin herman plaza. they pitched tents and vowed to occupy the plaza like they did one year ago. >> the mission is to keep the occupy movement going strong for the fall, we have a huge resurgence today all over the country from zuccotti park to here, great day of action people are here to bring the camp back up 0 they can bring these issues of social injustice and -- and inequality back to the forefront and try to build a better world and create revolutionary change. >> reporter: police have asked them to take their tents didn't. they've told them it is lyle to camp here. they've given them until 6:00 this morning. they told them that at 4:30 they have another 30 minutes actually, take a live picture for me, please. i want you to look at activity just starting to pop up, some police officers look like they are starting to confront the protesters a little bit. maybe possibly telling them, you have 30 more minutes. the first time wee seen police move in close to the protesters and start to talk to them and have some sort of dialogue. 4:30 a captain just talked to a representative of the group, sent a representative back in and asked them to talk to the crowd about tearing down and getting out of here at 6:00. this is the first time we've seen police go over to the group. we still don't see tents coming down. check in with us in our next half hour to find out how this is going to end. amy hollyfield, abc7 news. we'll be following it closely. today the san francisco ethics commission is set to hand off their final report on suspended sheriff ross pheur to the board of supervisors. -- he attended a noon rally yesterday many supervisors will have thirty days from the time they get the report to decide if mirkarimi should keep or lose his job. his wife was also at that rally. she called on supervisors to vote their conscience many mayor lee suspended mirkarimi after he pleaded guilty to a domestic violence charge against his by she has supported him describe the suspension as political. mitt romney is making no apology this morning for a video that has surfaced many he tells a closed meeting of wealthy donors that almost half of americans believe they are victims entitled to extend sieve government support money bradley joins us with details. >> reporter: good morning. just as the romney campaign was trying to hit the reset button in this race these clips popped up online. obama campaign pounced. now the romney team is trying to manage the fall . this morning the romney campaign is in crisis mode scrambling to explain a secretly recorded tape where he tells wealthy donors nearly half of all americans see themselves as victims. mother jones a left leaning magazine posted the clips, mother jones did not release the full remarks. in one clip the candidate says there is a number of americans who will vote for president obama, no matter what. >> reporter: in another clip romney talks about voters who do not pay income taxes. >> reporter: the obama campaign seized on the comments campaign manager saying: >> reporter: at a quickly arranged press conference romney tried to explain his words. >> it is not elegantly stated. of course individuals are going to take responsibility for their life and my campaign about helping people take more responsibility and becoming employed again. >> reporter: mitt romney says he hopes that all of his remarks will be released. mother jones says the person who shot the video does not work for the obama campaign or the democratic party. tahman bradley, news that -- abc7 news. >> you can catch mitt romney and his wife on live with kelly and michael. the couple recorded the interview in new york friday. you can see it at 9:00, right here on abc 7. cal-state board is meeting in southern california this morning to consider another tuition hike. the 5% increase would go into effect in january at all campuses if voters reject the governor's tax initiative on november ballot. cal-state prepared a letter to go out to students warning of dire consequences if prop 30 doesn't pass. critics say sending the letter would be illegal. >> our enrollment could have to be reduced because of potential budget cuts we are trying to inform students. >> california law is very clear, that taxpayer funds cannot be used for political advocacy. when they specifically reference prop 30 and the revenue that it would provide, they've crossed the line. >> csu denies any political motivation and says the draft e-mail has a link to arguments against prop 30 at the bottom. in san jose, a lot of attention will be focused tonight on growing crime problem. city leaders and police union at odds over what has caused recent spike in crime, san jose used to be considered america's -- meeting at:30. at 7:00, the city council will hold a study session on police response to recent crimes and gang at this time. governor brown's administration is telling federal judges early release of any more inmate would jeopardize public state. attorneys filed federal court papers saying state would need another six months to come up with a plan if ordered to do so. ruling upheld by the united states supreme court orders california to reduce prison crowding to 137% of capacity by june of next year. the "los angeles times" reports corrections officials don't expect to meet that deadline inmate advocates say the state could meet it by releasing inmates early for good behavior. two hundred paiges hoping to leave sfo this morning and head to australia after their flight was canceled two night in a row. united flight 863 was scheduled to leave sunday. passengers were told the flight was delayed to monday night, last night they were told the flight was delayed until 9 a.m. today. one angry passenger told abc7 news that everyone was given hotel and breakfast vouchers but the airline had already checked their luggage and wouldn't give it back. hopefully, no insult to injury with that weather. >> i think mike is talking autumnal. >> the autumnal equinox. >> autumnal feelings that too, yes it does feel a little chilly. good call terry. delays into sfo because of the cloud cover, i think oakland and san jose will be fine. flight tracker is always there at abc7news.com. right now visibility unlimited clouds are higher today than yesterday which means harder to get rid of during the afternoon. low spinning off, dragging dry air over top of it, once we start to breakthrough the layer it will be a quick turn to sunshine, except for the coast, pretty cloudy for the better part of today low continues to move north bottom side of it that's why we a strong sea breeze well below average by 4:00 near 80 inland near 70 bay mid to upper 50s coast. next three days, small fluctuations in temperatures slightly cooler tomorrow, warmer thursday, friday. high temperatures below average all three days. good morning. happy tuesday. ly shot of 80 through berkeley, past golden gate fields into the macarthur -- macarthur maze in a lot of company no major slow downs towards the bay bridge or points beyond, funneling into the toll metering lights off, nice conditions heading into san francisco on the upper deck. checking in with highway 4 beginning to bunch up out of antioch from hillcrest to highway 242 not bad, less than 10 minutes, out of the central valley slowing happening from 205 towards tracy, up to the altamont pass. speeds pick up nicely on your way to the dublin pleasant area. howard street remaining closed downtown san francisco the rest of the week for the dream force convention that will have things gummed up south of market, anywhere near mosconey center. right now drive times highway 101 out of santa rosa, 680 through the san ramon valley and 80 drive into the macarthur maze women 5:42. >> anger against a controversial anti-muslim video is turning more and more violent. the vow a group in afghanistan is making following a deadly attack on foreign workers. moving tribute to the american ambassador killed in libya. how his life is giving more meaning to some young people 4g lte has the fastest speeds. so let's talk about coverage. based on this chart, who would you choose ? wow. you guys take a minute. verizon, hands down. i'm going to show you guys another chart. pretty obvious. i don't think color matters. pretty obvious. what's pretty obvious about it ? that verizon has the coverage. verizon. verizon. we're going to go to another chart. it doesn't really matter how you present it. it doesn't matter how you present it. verizon. more 4g lte coverage than all other networks combined. a spokesman for an after if began militant group says it is behind the attack that killed nine. the bombing attack yesterday was carried out by a 22-year-old woman. the bomber ran a small sedan loaded with ex-low sieves into a minibus. -- explosives into a minibus the spokesman says it was in retaliation kwraeugs -- for film that ridicules prove -- [ unintelligible ] >> it does sadden me that we can't have him come and answer our questions. it is a tragic loss. >> uc hastings exploring the idea of establishing some sort of scholarship fund in ambassador stevens' name. demand from plus size women creating new fashion category. >> it was supposed to be a thrill with a nice safe ending. northern california base jumper got the safe ending but his thrill lasted longer. >> court ruling in the topless kate photo scandal. what it means for welcome back. temperatures cool once again, cooler than average everywhere, 50s coast, 60s bay, 70s inland. 80s fairfield, antioch, clear lake and cloverdale along with morgan hill. doppler last three hours showing how dry it is going to be no matter where you go today sunshine big sur 72, 80s chico and sacramento, 95 fresno, 77 tahoe, 104 palm springs upper 70s to mid 80s for san diego and l.a.. new this morning from placer county, emergency crews safely rescued a base jumper stuck in a tree 70 feet above the ground in auburn, calfire responded under the forest hill bridge before 9:00 last night. it took crews several hours to free the man but got him out of the tree about 2:15 this morning. base jumping involves a parachute to jump from bridges or other high objects. french court has just rule the magazine that published topless photos of prince william's wife had to hand them over within 24 hours. the prince and the duchess continue a 10-day asian tour. this is video of them yesterday on the solomon islands. lawyers for the couple went to court in france yesterday asking the judge to block photos. today's ruling only affects one french publication. other magazines in ireland, italy have already published the photos and more photos. >> i hear they are doing future photos trying to get court action some law, so they can deal with it future. >> right there's also the deterrent factor. >> interesting what is privacy? with the camera lens this big, you know -- >> a long way. >> someone is always watching. lucky you are watching the forecast for us. clouds, good morning, tuesday morning, you can see the clouds as we look down from mount tamalpais this morning. they are going to create flight arrival delays we should know shortly how long they are into sfo. clouds are high and dry, definitely out there, more widespread than yesterday. low to mid 50s monterey bay and inland cloudy. we'll have sunshine this afternoon, even a few pockets developing at the coast just about all seven days temperatures will be cooler than average autumn saturday 7:49 cooler weather after that. san francisco 62 today like it was yesterday, santa rosa 73. we are going to have a little ebb and flow to our temperatures but not going to be wild swings one to two degrees here and there, plus or minus where they were 24 hours ago. south bay low to mid 70s san jose, cupertino 73°. upper 50s along the coast today, low to mid 60s downtown south san francisco, sausalito, low to mid 70s north bay valleys. upper 50s your beaches, 60s on the east bay shore. 70s most of the east bay valleys highway 4 pittsburg, antioch, brentwood could be in low to mid 80s. 80 morgan hill back towards bait low to upper 60s. chill -- towards the bay low to upper 60s. first pitch temperature 7:15, dropping to 53 by 10:00. 40s napa, santa rosa everybody else in the 50s. few degrees cooler tomorrow, warmer thursday into friday and saturday then temperatures will be at their coolest sunday and monday new stall to report to you westbound 80 at pinole valley road out of the picture farther east once you get past that by the way the stall is blocking right lane then you get company, no major slow downs into the macarthur maze traffic beginning to bunch up in that direction westbound 80 coming out of novato towards lucas valley area 101 north marin into central san rafael traffic at the limit san jose headlights from san jose towards cupertino past the seven interchange, no delays here as you make -- northbound 280, new stall to report south 101 at marsh off-ramp blocked with a stall and as you are heading out now larkspur ferry announcing elimination of the 11:40 a.m. boat out of larkspur to san francisco and the san francisco 12:25 to larkspur, as of october 1st. coming up on 6:00. there's a warning for people who use microsoft's internet explorer to surf the internet. >> here's jane king. good morning. microsoft putting out warning about internet explorer urging users of explorer 9 to protect themselves by deploying special toolkit on its website. anyone using computers running windows xp, vista or 7 risk giving control. demand from plus size women giving birth to what is being called a new category that retailers are catering to. the average american woman is a size 14 and 16% of the population wears plus size clothes. stocks did come under pressure yesterday on concern about europe's debt problems and slow down in u.s. manufacturing. this year the mcrib won't be available until the send half of december. the elusive mcrib was supposed to make appearance in october and november mcdonald's changed plans to enhance -- google opening up wallet to better compete for facebook and instagram. the company purchased nick software detailed on the website nick owns snap speed, a competitor to insta facebook completed purchase of instagram last month for 715 million dollars. no word on how much google paid for nick's software. 5:57. next, developing news from san francisco where occupy protesters have reoccupied justin herman plaza. they have a 6:00 deadline to leave. they have 2 1/2 minutes to get out of there, we are there live. within the last hour another new clip of video that mitt romney fundraiser from that same fundraiser has just surfaced with new controversial comments what he said about the middle east. michael finney puts thermo