van on warm springs road and stopped. the van sped up, hitting the officer dragging him across two lanes before dragging with a street pole. >> we believe this wasn't a traffic accident. when i say an intentional act the officer was intentionally struck by the suspect. >> reporter: the suspect took off running into an industrial complex police used helicopters to search from above on the ground armed officers canvassed surrounding businesses. some nearby employees were told to stay inside while police gathered evidence on the attempted murder of an officer. that suspect still has not been caught they description him as a hispanic man, between 25 and 30 years old. 6'0", medium build last seen wearing a reddish colored sweat shirt and blue jeans. the officer has a wife and three children who are here with him. reporting live in san jose, morainalor ktvu news. >> former bart police officer meheserle is asking for a new trial citing new evidence that came to light after his conviction for involuntary manslaughter. meheserle's attorney filed a 134 page brief with the los angeles judge who presided over meheserle's trial describing a case in kentucky he says is nearly identical to his shooting of oscar grant in it an officer mistook his gun for his taser and shot a man in the back that officer though, was not proos cuted. we will have more on this including reaction from the grant family attorney, on ktvu channel 2 news at 6. the second man convicted in the 2008 shooting death of city councilman matt garcia was sentenced, he was given 15 years to life in prison in june he was convicted of second degree murder for his part in the shooting the man who pulled the trigger, was convicted of first degree murder and sentenced to 50 years to life in prison. councilman garcia was shot and killed in a case of mistaken identity. >> state supreme court upheld the governor's orders to furlough hundreds of thousands of state workers it cut their pay and impacted state services for all of us. live in san francisco with today's decision and what is to come. jim. >> reporter: gasia, state dmv closed their doors for the day a few minutes ago. a union lawyer is interpreting the court's decision in a positive light but furloughs are still legal. the furloughs effect about 200,000 state employees, many state offices such as dmv are closed three fridays a month saving a billion dollars a year. monday's are the busiest at san francisco dmv office the lines are longer and seating more crowded because there are fewer days in the week people can come for service and customers we spoke with, some here for 3 hours were not happy >> it sucks i have been here since 9:00 a.m. this morning it is ridiculous because i mean, if you look at how many people have been waiting here, longer than i haveit is ridiculous. >> reporter: the fact that the state budget is 96 days late was not lost on at least one customer. >> i have been here 2 hours, compared to all the legislatures in sacramento i don't know if they are sitting on their hands but no one is getting along they can't make up their mind. >> reporter: state workers whose incomes dropped 15% none of them spoke on camera. the union sued to end the furloughs and get retroactive pay. the supreme court said the legislature gave the governor the power allocating less money for valleys in the last two -- salaries in the last two budgets. >> we don't know if legislature will include savings in the budget or not. that is an unknown issue that we can litigate separately and you know something that is out there for us to thing about. >> reporter: okay if state will unvail its tentative budget deal in a couple days. a lot of people we have spoken with think the furloughs will continue if they do so will long waits for service. a third debate scheduled tomorrow between candidates for governorrer meg whitman and gerry brown has been cancelled they were to appear tomorrow morning on the ron owens show but plans had never been finalized. brown and whitman met in their second debate on saturday, fresno state university their final debate is set for tuesday october 12th, at dominican university san raphael. early voting began today san francisco city hall for upcoming november election people can come into the elections office between now and first tuesday in november to vote. election officials say there appears to be a lot of interest in next month's ballot a few people were waiting at city hall elections office for the doors to open 8:00 a.m. this morning. >> i think it will be a higher more activity here at city hall than june for sure, maybe even more so than last november. certainly more attention begin to this election, obvious on our part that june or last november. so it should be higher, as far as numbers are concerned it is hard for me to say. >> san francisco election officials want to remind people the ballot this year is made up of 5, two sided cards those voting at home be sure to vote both sides of every card. >> can east bay oakland, berkeley, san leandro plan to use a new system for elections, rank choice votings. voters select their first, second and third choices for each owe suspicion if no candidate wins a majority the second and third choices are considered as well. san francisco has been using rank chose voting since 2004. >> it went down to the wire the giants are headed to the playoffs for the first time in seven years [ cheering from crowd ] >> the giants. >> giants winning this on the regular day of the season. -- last day of the regular season. giants now take on the wild card team, atlanta braves game one best of five series, thursday at at&t park with the giants making the post season at least three playoff games in the city and more advance to second round that along with all the playoff excitement, also translated into a lot of extra money for local businesses. ktvus david stevenson live with that part of the story david. >> well, frank, playoff fever is around at&t park take a look at decorations above me they were put up just this afternoon as giants organization prepares for thursday. city businesses prepare to rake in cash. >> being a diehard giants fan and i attended my first game in 58 to see willie mays play i think this is terrific. >> at&t park workers prepped the field and stands for thursday's playoff game giants fans spent thousands on collector edition gear in the stadium store. >> all stores are sold out. this one, stones town i called around this morning. >> people are lit up. >> reporter: san francisco giants president said the playoff games will also light up the city's economy as hometown fans and visitors splurge on food, merchandise and tickets. >> i don't know what the number is but tens of millions. >> it is hard to quantify how much a playoff series will pump into the local economy. >> reporter: numbers are hard to calculate but thursday and friday's games come as san francisco is already gearing up for fleet week visitors the hope is late bookings by baseball fans will boost hotel rates and tax benefits. >> when you have a full week like we are about to have hotels can charge more that is great for the local economy. >> reporter: getting into the sold out games is another matter, some season ticket holders are trying to hawk tickets for $1,200 online stub hub.com says most fans are paying $150 on average. >> this is the mosaic tvty among all eight teams. >> reporter: the city controllers office said businesses near at&t park are likely to get the biggest boost come thursday. the java house is just down the street from the stadium and expects twice the customers normally seen on game day. >> even if they can't get into the games just be around the ballpark and feel that vibe, feel that spirit, it is drawing a lot of people to our neighbourhood. >> reporter: now thursday and friday's games are completely sold out by giants will have tickets for potential national league champion series on sale tuesday. don't botter coming down to the stadium for that they will only be available online or over the phone ticket prices will start at $50 a piece. reporting live in san francisco, david stevenson, ktvu channel 2 news. toyota says they fixed millionsover vehicles recalled for accelerator problems. 5 million repaired here in the u.s., part of the companies three major recalls of more than 10 million vehicles worldwide for unintended acceleration and braking issues. those problems lead to a temporary shut down of u.s. assembly plants and temporary halt to sales. >> justice department is suing american express for alleged anti competitive practices they named master card and visa but those companies decide to settle while american express says it will challenge the suit. eric holder says every time a consumer uses a credit card the merchant pays a fee, passed on to consumers through higher prices. the lawsuit says the card companies are preventing merchants promoting the use of competing credit cards with lower fees. stock markets were jolted today unable the continue last week's rally. some analysts say investors are showing caution with employment numbers due later this week to be followed by corporate earnings reports dow is up more than 78 points, nasdaq finished down more than 26 points, closing 2,344 for more financial and consumer news go to ktvu.com and click on the business tab. >> police say a bay area man was driving while intoxicated but it is what he was driving that makes this story so unusual plus. >> after another series of attacks, many women want out of this east bay apartment complex. why that may be easier said than done coming up. pgh >> cool, windy today, there is a chance for sprinkles in your forecast over the next 48 hours. i will show you where and when. people living in a bay area apartment complex said they feel trapped on one hand they are scared following another attack on a woman living there. on the other hand some are angry because they can't move out without paying a penalty of several thousand dollars. rob ross is live in walnut creek. >> frank there is a big metal gate at the edges to the park regency apartment outside walnut creek over here we can see a security guard he checks cars as they come in and out and people. many residents say that is not enough some are planning on moving out, others say they are considering it. >> after five assaults on women including a rape, all just since june, this resident says she is out of here. >> i gave my 30 day notice this morning. >> i am really afraid i think it is turned into a dangerous place. >> many residents here say they have had enough especially since authorities say a 43-year- old woman fought out of an attacker saturday evening and injured when she fell down a flight of stairs. contra costa sheriffs are looking at links. >> we are trying to put the pieces together, match up the incidents to see if there is a relationship at this point. we believe there is. >> officials arrested 22-year- old antonio mouton in august he pleaded not guilty. >> we redeveloping another pattern this is the second incident we are hopeful it won't happen again. >> the attacks have residents afraid to leave their apartments alone. >> when my husband is working how i am going to get to my house without thinking someone is behind me. >> they are asking apartment management to let them out overlayses without facing more than $3,000 penalty. >> that is what i make in maybe a month but we have other expenses too it sucks to pay them money to live in fear. >> reporter: apartment management refused to make any comment we spoke with an attorney. >> if you sign on for a year you are stuck unless you can show the landlord breached the implied warranty of habitability and the laws in the state of california don't mention security guards. >> today i decided they can take me to small claims court if they want to i am moving for my own safety. >> the suspect imsolved in saturday's assault is described as a white male, 5'8", 5'9" tall, medium build, brown hair facial hair black jeans, black t-shirt, black baseball cap. authorities are working on a composite sketch. rob ross, ktvu channel 2 news. one man is in the hospital with multiple stab wounda woman missing but at this point it is unclear if the woman was kidnapped. san jose police are looking for brian, they say he went to the home of 18-year-old judy law his on again off again girlfriend and saw another man in the home early sunday morning he stabbed the man several times and then took off with her. her mother says she is concerned for her daughter but doesn't believe she was kidnapped. >> he just asking only he didn't force her or something he said do you want to go with me. >> and she left. >> she said i am going i am going. >> san jose police have not determined whether this case can be classified as a kidnapping. >> official start of the bay area's rainy southbound is just two weeks away that has specific significance for those perched on a cliff in pacifica. two apartment buildings are dangerously close to the edge as owners decide whether to demolish them or build a retaining wall. nearby condo owners are planning to spend millions to make sure their buildings don't fall into the ocean during storms. a chp officer spotted an unusual sight, a man driving down green street on his lawn mower. the 55-year-old was pulled over he told the officer he some times rides it to the grocery store. the problem is the officer smelled alcohol on his breath and noticed other signs of intoxication when the officer arrested him for driving under the influence. when it comes to dui a lawn mower is a motorized vehicle. >> we talked about sprinkles we may have better timing. >> it will be tough to time again this isn't a deal breaker in terms of bay area weather. in the forecast tonight. and then again on wednesday we have a pretty good shot at widely scattered sprinkles. in the mountains it will rain it is raining up there right now. there is something we haven't seen in awhile activity up there around lake tahoe, reno a winter weather advisory in effect. snow levels are high but marks the changing of the seasons. shower activity could rotate into our area over the next few hours or so. not a big deal but it is there. temperatures will be trending downward, forget the 90s and remember last week, record heat looking at rain live storm tracker two, clouds tomorrow breezy, windy at ocean beach san francisco, sand blowing across the grade highway. still open but that is the kind of -- you know when the sand comes up over the grade highway. keep that in mind as you travel around more wind at the beach again tomorrow not as much as today. a warming trend as we go into the weekend and beyond. but right now, we are looking at pretty cool overnight lows 46 in santa rosa, 47 napa, showers would be coming around like this. come up over the top of the low and back down an unusual direction most of our weather comes this way. this low pressure center will continue. tonight we could see stray clouds, stray instability, a little bit of sprinkle activity in milpitas today. about 11, somewhere in there. and sprinkles, not a big deal. satellite loop, the lows, energy in the mountains, as this low drifts further south, showers, stay right out in the area, partly sunny tomorrow, chance of a shower wednesday. we will watch it closely for you. very unusual weather system we will watch it closely when i come back the forecast for your neighbourhood, i will tell you which days will be the warmest this week. >> all right see you then. thank you. this year's nobel prize for medicine is going to the codeveloper of invitro fertilization. robert edwards created the technique their work lead to the birth of the world's first test tube baby in 1978. since then almost 4 million people have been born using their methods. >> former president jimmy carter showed he is back on his feet after being hospitalized with the stomach flu. they marked international habitat day in washington dc mr. carter says he feels fine and enjoyed 27 years of building homes for the project. >> every year we devoted one full week, some days in between, building houses around the world along with thousands of volunteers and in every case, with the homeowner working side by side with us. >> mr. carter celebrated his 86th birthday this past friday. >> where some of the state's welfare money is being spent. the one issue that nearly all californians seem to agree on. >> and it may look nice but they says the unfit to live in. why the university of california's scratching their heads when it comes to this >> another twist in the heserle trial tonight on ktvu channel 2 news at 6 >> with should be done with this empty mansion that used to house the university president. the 13,000 square foot mansion is not fit to live in. it would cost $10 million to fully repair the mansion in kensington next to berkeley. uc staff and students criticized renovations because of budget cuts in other areas. it has not been occupied since 2008. >> with mid-term elections looming, ktvu field poll finds californias divided on many issues there is one where there appears to be virtual agreement across party lines. according to the statewide poll nearly 93% or 19 out of 20 voters describe california as being in bad economic times up sharply from 52% just three years ago under a third of voters say they expect the states economy to improve next year. a majority of californians found they have less money and don't expect their personal economic status to improve in the coming year. in all 52% report personal finances have declined over the past year, 30% say they expect to be better off financially over the next 12 months. outlook is just as bad when it comes to issue of unemployment. 89% almost 9 out of 10 californias describe it as a serious problem only 1% said unemployment is not a serious matter. fewer than three in ten people see job opportunities improving next year. ktvu field poll measured the mood shared by democrats, republicans, nonpartisans. california welfare recipients have spent millions in government aid at tourist hot spots outside the state. $69 million in state welfare money was spent locations hawaii, las vegas casinos and florida cruise ships they do not require aid to be spent in california although recipients are expected to prove they need the money for basic expenses. based on data compiled since 2007 by california department of social services. a number of nations have issued alerts for terrorism in europe. is that effecting passengers on their way? i am consumer editor, the latest still ahead. the push to get toys out of unhealthy fast food meals in san francisco clears a hurdle. what is next for the proposed ban people are tired of these threats. she is talking about the new warning for americans to be on alert for a possible terrorist attack if travelling to europe other countries are following suit. the alert is for europe in general although a few specifics are emerging now. tom is live at sfo tom. >> well, frank it is very short, it is really woefully unspecific but this is the alert from u.s. department of state. it is telling anybody who comes here going over the pond to europe, to keep their eyes open. judging from today's huge crowds at sfos international terminal fear of terrorism in foreign lands is not a big problem none the less u.s., japanese, canadian, swedish, british governments have alerted citizennings about possible indiscriminant terror attacks in europe, perhaps germany, france, sweden. >> partly because the warning is vague, not very specific. >> reporter: in fact, says caroll finer long time oner of airport travel agency bookings are not down and cancellations not up. >> i think people are tired of these threats and are determined to live their lives and complete their travels. >> you live there, and you are observant but you don't let it dictate because then you let them win. >> people travelling today booked their flight a month, six months ago maybe, very few people are business men who travel overnight on a whim. people can't change their plans. >> fact is, terrorist threats have a limited shelf life if they don't make good on them subsequent threats are less and less important but if they do make good on them it takes awhile to regain confidence. >> it concerns me i know it is imminent and people are planning and plotting behind the scenes. >> that would depend where it happens and how large scale it is, and who is involved. >> but if it is something dramatic you can see cancellations overnight people backing out quickly. >> reporter: one place with lots of recent violence is already recovering. >> mexico has a terrific month in september, their numbers were way up, tourists entrances into mexico. >> reporter: europe now joins 31 countries specific state department alerts worldwide some of those out and out warnings,. today the white house says there is no evidence linking that terror alert in europe to the united states obama administration says it doesn't believe the possible threats in europe indicate there are any american targets. >> particular threat information deals with europe, and isn't related to the united states. having said that, we certainly know that al qaeda, and it affiliates seek to do us harm and attack us here. >> the white house wants travelers to stay aware of their surroundings at all times. today ossifiers day of the supreme court's new term, marked debut of the newest justice. history was made and very soon california will be in the supreme court spotlight. >> this morning historic first for supreme court, three women serving at the same time. elena kagan began her first term on the supreme court hearing the first case involving the rights of a debtor under bankruptcy law. less than 20 minutes in she asked her first public question before stepping aside for the second case, recausing herself because she was involved in the case when she was solicitor general. the first big case comes in two days when the spotlight will be on pastor phelps and his westboro baptist church whose members travel the country to picket soldiers funerals. >> they are disrupting one of the most solemn and sacred rituals in the united states, funeral services for a fallen soldier that may make this different than the ordinary political speech case. >> reporter: california comes into the national spotlight with an attempt to ban the sale of violent video games to children. an appeals court said it violates the first amendment. >> we are dealing with regulation of violence and obscenity where one of the named plaintiffs, one of the named parties in the case is an action hero that might appear in these arnold jacketing inner. >> reporter: games that show people -- arnold jarring inner. >> reporter: games that show people being maimed and hurt are not appropriate for children. justice kagan recaused herself from more than 20 cases so far leaving 8 justice us to decide the cases. in an event of a four to four tie the lower court opinion is affirmed. san francisco is one step closer to requiring fast food restaurants that give away toys in children's meals to them them healthier a board of supervisors committee passed an ordinance that would require meals sold with toys to include fruits or vegetables and not have excessive calories, sodium, fat or sugar. the so called happy meals measure is expected to reach the entire board of supervisors, october 19th. another committee approved an ordinance to recognize nail salons that use nontoxic products. some salons commonly usufructs use products and there are healthier alternatives. the sit ity would publy -- city would publicly recognize salons that use the healthier products. a rezoning request if approved would allow clorox to move 700 workers out of oakland. they want to expand research operations in pleasanton it calls for construction of a 65,000 square foot building near franklin and johnson drive. they are expected to open late next year. >> stepping it up, some bay area train commuters shaved time off their commutes. we will tell you how. one bay area employer seems to have cracked the code when it comes to getting people to stop calling in sick. >> it is called toasts skin syndrome, what it is and how your laptop computer may be causing it >> some south bay commuters road to and from work. valley transportation authority launched commuter express light rail service. they added 3 northbound trips in the morning, santa theresa and bay point, three northbound trips are scheduled in the evening they don't stop at six stations between the convention center. they shave 5 minutes off commute time. >> san francisco muni said the number of drivers calling in sick has dropped considerably since managers started enforcing a policy calling for a doctors note. almost 8% of muni drivers called in six on an average day during the past 15 months that figure dropped to 4.5% though, when the doctors note policy went into place. drivers union denies there is a sick out going on. there is word tonight that muni will begin getting almost $44 million to upgrade bus maintenance and service part of $775 million distributed under the federal trsit administrations state of good repair program the bulk of the money will go toward moving a bus operations facility near fisherman's war of to a facility in the bay view district the rest will go toward a new system for physical asset. if you do a lot of work with laptop sitting on your lap you may want to rething that habit. having your laptop sitting on your legs for a long period of time could lead to a condition called toasted skin syndrome. the condition causes skin discoloration and in rare cases damage leading to skin cancer. the new findings are published in the journal of pediatrics. >> national cancer institute says low levels of vitamin d could lead to a more severe form of breast cancer women with aggressive and late stage cancers are more likely to have low levels of vitamin d compared to those with less dangerous forms of the disease. women vitamin d deficient were 8 times more likely to be diagnosed with a more severe form of breast cancer authors of the study advised doctors to check levels of vitamin d with patients. >> theory half of all calories consumed by kids come from fat and sugar. a new study focusing on health of children show baked goods, pizza and soda are the top three sources of calories for american kids between the ages of 2 and 18 years old. researchers suggest restaurants, super markets, school cafeterias must change the type of food they offer to make any difference. shake ups at the top when it comes to high profile, high tech companies. >> plus. >> they have been promised a certain level of benefits, and then the rug will be pulled out from under them. new concerns about whether social security will exist in the next generation. pgh >> storm tracker two showing green right now, will those showers make it to your neighbourhood. i will let you know . social security could become a hot topic as politicians in washington discuss how to close the projected gap between the money raised in payroll taxes and benefits paid out to retirees. caroll hahn reports from washington dc bureau >> more than 4.5 million californias received $56 million in annual social security benefits. but future retirees may not have it so good with social security trust fund expected to run out in less than 30 years. >> no question we can't afford the current program. so what do we do? >> why not raise the retirement age, it is already scheduled to rise to 67 by year 2027. several republican candidates want the hike it the age 70 an idea some say will only punish retirees. >> it is a fairness issue people paid in all their working lives they have been promised a certain level of benefits and then the rug will be pulled out from under them. >> another option to give workers ability to invest a portion of their social security funds into private accounts. >> hopefully you don't retire in the year the market goes down but know one thing for sure if you trust the politicians, they are just going to ep raising your taxes and cutting benefits. >> but it is an idea in washington, especially after what happened on wall street the last solution would be to keep things put but force those who make more to pay more in taxes. >> people who make $30 million a year they pay the same in social security taxes as someone making $107,000. there is some confusion about whether social security contributes to national debt. it does not. a program can only pay out what it collects in taxes the problem is fewer dollars have been coming in so we can expect to receive fewer retirement benefits. in washington caroll hahn ktvu channel news. >> twitter has a new executive optioner. the chief operating officer will move up to ladder to ceo. the word of his promotion came in a blog post from former ceo, evan williams. the internet calling service skype is getting a new ceo the company's named cisco executive tony baits who headed a division that had 12,000 employees and generated $20 billion in sales. joshua silverman left skype after his slip off from ebay. continuing coverage of the police officer who was hit. also at 6, ktvu learned newen formation involving former bart police officer, meheserle, what his attorney is asking for and the reaction from the person representing the family of the victim oscar grant. this man admitted to a crime that made bay area headlines and left a lot of people disgusted authorities sate it was pictures on ktvu that lead to his arrest. >> plus the bay area school district given life saving equipment after a frightening situation on a high school campus. and why that equipment is just sitting in a school closet and not being used. it is all coming up at 6 see you then. >> all right thank you julie. a tsunami alert has been lefted in japan after a 6.2 magnitude earthquake. it was lifted 45 minutes after. no reports of damage or injuries. >> three people are dead and several others missing in central vietnam up to 23 inches of heavy rain fell in the region over the weekened, estimated 14,000 villagers have been forced to evacuate. vietnam is frequently hit by rain and flooding this time of year. our weather now, nice weekend but boy it was cold this morning bill. maybe some showers here and there? >> stuff in the vicinity. just back to your earlier story, vietnam, 23 inches of rain 2358 that would be an entire years worth here in san francisco or oakland. so a lot of rain overall most 2 feet of rain for us showers showing up east of here, live storm tracker 2 shows you that and the reason i have a chance of a shower, light sprinkle, it will wrap around some of this moisture and it could, see this is rotation low right in the center, clouds are coming around from the east, and over the top of us we could see a sprinkle tonight and we could see a sprinkle or shower on wednesday as that low pressure lingers. highs today cooler, windy along the beach, windy around the bay. 70 concord, 70 fairfield. we go back not that long ago and had record heat temperatures easily 30 degrees warmer in some cases almost 40 degrees. chance of wednesday shower really the headline sprinkle tonight, nonevent i love to forecast you a nice front get a quarter inch of rain start adding to this but this is a weak weather system you may get under a cell especially around hills burg or around redding, it could come down hard for a time but the main impact from this will be cooler weather slight chance of a sprinkle tonight again on wednesday and winds keep going through tomorrow so that is the weather headline this low pressure center certainly in the heart of fire season it is helpful this isn't going to create much of a fire daneener but looks like that will not be the case winter weather advisory in the mountains that is unique this early in the season maybe 5 to 10 inches of snow above 7500 feet but starting to add to the water content of the snow pack for the year. good news too. the forecast, computer model does this and keeps all the rain kind of doing this. so you can see my issue if one of these blue streaks comes around and ends up over us we get a sprinkle. almost impossible to forecast what will happen in the next 48 hours i can forecast a chance of showers but pinpoint it, we don't have the ability to do that at this point. at least more than a couple hours out but just now, a chance of showers as we go into tonight very light chance and then gain into wednesday. wednesday is the better chance. there you are, 7:00 a.m., tomorrow morning clouds, tomorrow afternoon clouds start to clear off, maybe a sprinkle in the north bay but i think that would mainly be in the morning forecast highs tomorrow 75 fairfield, about where they should be this time of year good air quality fire danger is down and cool, breezy along the beach lots of clouds, the five day forecast then and warm up a little bit as we head toward the weekend. just sort of fall like weather it does feel like fall outside right now. >> thank you bill. the search for two american balloonists who disappeared over the adriatic sea near italy has been called off. 47-year-old richard of albuquerque and 65-year-old caroll davis of denver were competing in a gas balloon race when they plunged into the sea last wednesday. search crews used a robotic vehicle to scan the sea floor but found nothing they had won several races including the 2004 edition of the gordon benet race. the movie about the creation of facebook didn't pull in quite as much money as expected but still ranked number one at the weekend box office. >> talking about taking the entire social experience of college and putting it online. >> it is called social network and sold $23 million in tickets and was especially popular with people over the age of 25. legend of the guardians was second at weekend box office. wall street money never sleeps and the town came in third and fourth with easy a rounding out the top five. >> friends and family gathered to remember tony curtis he died last week age of 85, among the speakers, were his daughter, actress jamie lee curtis and california governor arnold schwarzenegger he appeared in more than 150 movies during his career and received an oscar nomination for defiant ones. some of the top pilots in the world and they are back in the bay area tonight. find out when you will be able to see them perform >> students parents school officials across the bay area are gearing up for international walk to school day wednesday. san francisco plans to use the event to show case state routes to school program which tripled the number of schools taking part this year. >> blue angels are back in the bay area they arrived at sfo for fleet week today. the six hornets will get a tune up on the ground at sfo before practicing in the skies over the bay on thursday and friday. their performances are scheduled saturday and sunday, weather permitting. a guided missile frigot and guided missile destroyer the parade of ships will start 10:00 a.m. saturday morning blue angels will fly off city front beginning 1:00 p.m. saturday and sunday afternoons but their show is dependent on the weather they have to have a certain amount of visibility and cloud cover can't be too low or they are forced to cancel. >> stay with us, much more news ahead. ktvu channel 2 news at 6 next. >> what happens when 1800 teachers, 32,000 students can't go to classes because of a week long furlough. the south bay's largest school district found out today. that story next. second chance. >> we missed it and it was wrong. >> the single word that has these people up in arms, and the publisher of a popular publication apologizes. >> complete bay area news coverage starts right now. this is ktvu channel 2 news at 6. good evening everyone i am frank somerville >> i am julie mainer. meheserle's attorney is pushing for a new trial. they say new evidence has emerged and the conviction should be over turned. rita. >> well, julie, with the sentencing of former bart police officer meheserle, only a month from now, his attorney has filed motions asking for a new trial. >> the vol