here. >> last night, protestors expected police to repeat what happened sunday night. and they were wrong. this morning the tarps were still there. saying police are working with demonstrators trying to come up with a solution. >> negotiations are meetings are ongoing. and park and rec is at the table. >> supervisor eric mar supposed to introduce a resolution at this meeting and told me he withdrew it at the last minute because he wanted more dialogue and more feed back with a many varied groups in this movement. he said he will introduce that resolution next week. vic lee abc 7 news. >> vic, thank you very much. atros cross the bay we want to you take a look at this live picture of the occupy oakland camp. so far, the demonstrators there have been peaceful. and they're talking about issues ranging from economic inequality to prisoners rights. they're being asked about the purpose, what do they want? protestors step add side ask city crews hosed down the plaza but were back hanging out and cooking. >> i am not sure if this is the right method or not. and it becomes something meaningful over time. these people are trying to find that out. >> and oakland mayor stopped in the plaza to take a look at graffiti. yesterday a protest organizer says the plaza is under occupation and no longer under the authority of the city. >> police say a man they shot and killed on october 10th is a college student suspected of killing two other students two days earlier. >> right. this campus is reeling today after san jose police released details that the person involved in an officer-involved shooting that was killed was a san jose state student. they're confident that that person was responsible for a double homicide october 8th. the police chief held a news conference today to outline a bizarre chain of events and connection between two deadly incidents. the man police killed is a 23-year-old ricardo moreno. police say the weapon he used to threaten officer was the same gun that killed a former san jose state students. they were gunned down, execution style just two days before the officer-involved shooting. police believe motive there was drugs. >> either dealing or using with him z we have evidence that shows that he knew eric, that he communicated with eric. and that they partied together and likely either he used with him or bought from him, or, we're still working through details. and that is the tie. >> and officials confirmed they both lived in the same dorm, campus village from january to may of this year. and police believe christina was targeted because she was eric's girm friend. the university president is sending out an e mail expressing sympathy and reassuring students the campus is safe and though police did not know when they shot and killed ricardo moreno he was a suspect in this double homicide the police chief tells me that that shooting was absolutely justified and he was aiming his weapon at officers. we'll have more coming up at 5:00. >> and the hell's angel police say shot and killed a fellow biker in a funeral has been identified. the search is under way. but they try to find him, police admit he may also be dead. investigators say he gunned down a 52-year-old after a confrontation in a service for the san jose chapter president, investigators dug up pettigrew's grave to see if he may have been killed and buried there. >> the state parole board just denied a request from a convicted cop killer asking to be freed under california's compassionate release law so he can die at home with his family, he kidnapped two officers in 1963 and shot and killed one of them in a bakersfield onion field. the crime was chronicled and powell now has terminal prostate cancer. >> we don't want him on the streets. he doesn't deserve to be on the stree.s my grandfather deserves to be on the streets and he's not. >> state law allows for release of inmates if they have six months or less to live. a judge has a final day sai when the board granted the release. >> a bar employee ended up in the hospital after falling and nearly hitting the electric third rail. investigators were at the scene inside of the richmond storage yard and it appears the worker landed on the cover1 >> if it meant taking on the burden of their own. more prisoners set to be released in two months. in the newsroom, abc 7 news. >> and time for a check of the weather. there is a cooling weather forecast. >> you can see it over the bridge behind us. sandhya paltel going to tell us how big the fog bank is going to get. >> it's growing and about 1800 feet deep now, the marine layer. the wind is picking up. the sea breeze knocked temperatures down, we'll continue to see cooling tomorrow evening, fog, coast and bay up to 50s and mid-70s, in the morning there is a cloudy start with patchy drizzle. low to mid-50s and afternoon, looking at cooler conditions inland, temperatures from low 60s to mid-70s, today's highs in places like san francisco have dropped from the low 80s the yesterday to low 60s today about 22 degrees cooler and in places like salinas, close to 30 degrees cooler, we haven't seen the end yet. don't wash cars just yet. i'll tell but slick roadways coming up. >> rain on the way. >> thank you. >> and next at 4:00 ground breaking role san francisco will play in a national assessment of american health. >> pediatricians putting an age requirement on tb. how they say it can harm little one autos black berry's push to get into the app business. [ mom ] hey guys. guys... [ female announcer ] pillsbury cinnamon rolls with cinnabon cinnamon are an irresistible sunday morning idea. nothing calls them to the table faster. sunday morning ideas made easy. in 15 minutes, [ female announcer ] you call that bread? you can serve some warmth with your bread. and some flavor with your bread. and some layers with your bread. if you're serving bread honey, then serve it. grands! dinner ideas made easy. checking healthy living news san francisco has been selected to participate in a national survey to determine how fit and healthy we are as americans. this is the first year the survey will take a detailed look at asian population. two thirds of the 5,000 people sampled will be on the asian decent. for 50 years data collected has been used to measure high blood pressure, identifying nutrition deficiencies and track diabetes its data able to show from actual measurements on children, and adults how much it's increased over the last 30 years. >> and those selected to participate will undergo a diet interview and various health tests this, is the first time children will undergo a fitness analysis. most parents let their kids watch tv. one group says not a good idea for children younger than two. american academy of pediatrics says watching television and videos can delay an ability to talk. saying guidelines do not include video games, smart phones or any other media that is interactive. 90% of the parents admit they let their babies watch some type of electronic immediate yachl dvd market for under two crowd exploded in recent year autos baby einstein videos. i still watch them. >> i know you do. >> black berry trying up the anty. can it still compete with apple and google? let's go to emily chang in san francisco. with today's after the bell report. >> well it's earnings maina. apple, intel and yahoo earnings out today. let's get to the other big tech stories of the day. research in motion unveil aid new operating system at it's developer conference in san francisco. a new software called black berry bridges rims current black ber systems and it's newer upcoming qnx platform facilitating app development and hoping it will encourage programmers to build more. that is no surprise. is a push to stem losses from iphone and google's and droid. google is unveiling its first device running the new version dubbed ice cream sand pitch. -- sandwich. it's a joint event. and sony's credit rating outlook dropped a notch, moody's lowering outlook to negative from stable because of weakening demand for lcd television and a stronger again. moody says waning consumer confidence here weakened demands for company televisions but that is not news to sony. the company chairman has been trying to figure out how to end sony's $6.2 billion loss from its tv business. he's trying to outsource production to contract and now, the action on wall street. and u.s. stock, carrying area and two big headlines and bloomberg silicon valley index posting gains getting help so shares of hpz elsewhere, storage provider drop box says it raised $250 kblinl in a statement drop box stated the fund raising led by index ventures will help the company's hiring develop partnerships and make acquisitions. since founded in 2007. it's managed to get 45 million users who are saving 1s -- one billion files every three days. drop box says it will likely triple the number this year. >> and sandhya patel is in now. i was looking at monitors because behind us, it doesn't look that foggy. sandhya is going to show you... >> it is very foggy. >> and this is and there is a marine layer. you can't see sutro tower. marine layer is deepening. that is why the temperatures have come down along with a reversal in the wind z take a look. it's socked in alock the coastline. low clouds have vabsed in towards the bay. as much as 20 degrees cooler here in the bay area, and close to 30 towards monterey bay. winds off the ocean bringing cooler air in. and where we're not seeing that marine influence is our inland areas. that is where it's been sunny and warm and into mid-80s inland like antioch. 82 in livermore, take a look at this, coastal areas dropped quite a bit from ye.d 24 hour change, down 19 degrees in san francisco. down 13 on the peninsula. and we're cool and not done yet. wide spread and there is a cooler day inland and there is marine influence and overnight tonight look forgts to drop down into 50s and we'll see fog and low clouds and patchy drizzle. right along the coastline and there is what is bringing a marine layer. and tomorrow, it will lift low clouds and push it well inland. take a look at computer animation. it's a cloudy start foremost of the bay area, clouds are slow to pull back from the coastline. we'll see some sun near the coastline. some parts, that s and we're going with 50s coast side, 70s inland there. is a narrow range of temperatures. there are mid-70s into warmest locations and there are san jose, 75 and oakland, 75 for new santa rosa. and 66 there and some lingering clouds around half moon bay. 63 degrees, monterey bay, looking at 72 santa cruz. and here is a look at the accu-weather forecast. cooler inland tomorrow. and there is some slick roadways for the morning commute. temperatures inch up heading into the weekend and low 70s at beaches and low 8 ows inland. it's mild and sunny for upcoming weekend. beautiful weather heading closer to our weekend plans. >> and entertainment news, quite a scare fr a young star. >> hey there. big buzz today is a scare for starlet selina gomes. a judge granted her a restraining order with a 46-year-old. he says he entertained thoughts of killing the singer, he's required to stay 100 yards away from gomez. lapd is handling this matter, back to work for arnold schwartzeneggar. he's back to acting in the new film "the last stand". he tweeted quote fantastic first day, and big thanks to the crew, keep up the great work z let's hear it for the boys. men scored big last night with dancing with the stars. and the best scores of the season. and they had the crowd on its feet earning them their first 10. >> this is just tough, nonstop, every time we run it we'd be like oh! >> find fought that hard work paid off on "dancing with the stars" tonight. for more interviews log on to otrc.com. >> and still ahead this afternoon, clever little dog figuring out how one can play at that game. >> and later at 4:30. >> i've never seen an uglier bus. >> why john mccain offended by president obama's bus tour. >> then at 5:00 a new controversy over a sexually transmitted virus linked to cancer, why women over 30 may h@@ they're fall smaul and they can save your life. abc 7 kicked off a second annual campaign to distribute smoke alarms and carbon monoxide detectors to those in need. this event held at san francisco fire station number seven and departments around the bay area are participating. the goal to raise awareness about fire skpaift risks of carbon monoxide poisoning. >> this is a different, the carbon monoxide is cause bid fuel bush burning appliances that may not be vented properly. >> 3,000 smoke alarms and 500 dedoctors will be given out. a new california law requires the monitors in single family home autos there is a video you're probably going love. you talk to people who love dog buzz they don't have them because they don't have time. perhaps a dog that plays catch with its self will change things. here is a video of a jack russell terrier keeping himself entertained it's a top trending you tube video. the pup named sid, looking like he wants someone to throw the ball. no? no? here we go. so he just takes over. his owner says he loves this game. >> and he's more active. >> goodness that is acoreable. >> yes. teaching sid how to cook, next. >> and another great quarter for apple. we'll go live to our silicon valley bureau. >> there is a pressure off of herman cain with just half an hour to go from his debate. >> from our peeft bay hills camera there is a deepening marine layer. goitsing to be followed by drizzle and cooler day tomorrow in our inland areas. i'll be back with a full look at the forecast later on. dinner's ready. [ female announcer ] hamburger helper stroganoff. beefy. creamy. stroganoffy. helpers. forty dishes, all delicious. gives us the most nutritious of gifts. but only when they are ready to be given. that's why we pick vegetables at their peak. ...and freeze them fast, locking in nutrients ...for you to unwrap. ♪ ho, ho, ho. green giant three high profile tech companies released quarterly earnings today. but the one with the best bottom line is getting hammered. >> that would be apple. apple failed to meet expectations. and david louie joins us from san jose to explain why is the stock falling? >> this is a classic case of reality not meeting expectations. apple had record sales of i pad but that transfered into profits of $6.5 billion, however, the weak spot was iphone sales. it is up 21% from the same quarter a year ago but that is five million viewer than expected. and consumers no doubt waiting for iphone 4 s to go on sale. apple is guarded when announcing when a new model is coming out. the sales of the new iphone 4 s will be part of the next earnings report. despite disappointment analysts see apple going wrong. >> i think the tra teethic position in iphone app and i tunes and migration of digital entertainment will allow them to recover. >> and santa clara based intel saw profits jump 17%. and had been concerns how a weak economy might impact demand for computers and ships however, intel's ceo said overseas sales boosted sales and profits. >> while demand remains soft, enterprise pc demand restrainsing on and consumer demand continued to rise year after year. >> yahoo reported today that a profit of $293 million is just a 26% decline from the same quarter a year ago. and yahoo is the midst of possible leadership and ownership changes and did not depend whether there is development on those fronts. >> and now, herman cain preparing for his first debate since shot to the top of the polls. and the new post shows 57% of independents and conservatives have favorable rules of cain. 56% view vick perry favorably. 28% unfavorably. and let's go down flif las vegas where the debate will begin in about 30 minutes. >> there is a lot of excitement head of the debate set to begin in po minutes. and herman cain saying debates are his friends and michelle commented on -- michelle bachmann walked in and said it's a beautiful night in las vegas. they know there is a tough night head of them. it was built from the ground up over the past few days now worth seven candidates who have just two hours who prove they're fit to take over this country. with his catchy 999 phrase, herman cain needs a standout perform yeens these debates are job interviews. people want to see the person they're going to vote for in a presidential role. so far, herman cain has been a side show. mitt romney opened up headquarters yesterday. familiar territory where he attracts strong support. in 2008, he won the state caucuses, then there are those who are trying to regain some momentum, namely rick perry admitting he's not the strongest debateor. >> he was sort of oddly passive at the last debate. i think that he needs to come on strong now because the reason you see him sink in poles is because people are have looked at him on the stage and he was less than they expected. >> so how the candidates performed and translate later in the week that. when added pressure for them, tonight. >> and we mentioned new abc news poll at the top here, you have some new polling that shows candidates people like aren't going to necessarily become nominee. >> right this, is an interesting poll there. is a poll talking about likibility versus two republican that's can win. we start with likibility. 34% of republicans like cain compared to romney's 29%, to if you take it to the next level, 51% think romney will win. then cain only gets 18%. that is a major diskrep pensy. >> the president continuing a bus tour and there is a the president made an unplanned stop in one town. the president praised his jobs plan, pushing it one week after senate rinz bhoked it. the g.o.p. says it raises tax that's is a that the president disagrees with. >> don't be bamboozled. don't fall for tho notion that somehow, the jobs act is proposed to raise your taxes. it's just not true. >> and the white house insists it's not a campaign trip. >> the president's former opponent john mccain doesn't like wheels that mr. obama is using during his campaign swing. >> i must say i've never seen an uglier bus than the canadian one. he's traveling around on a canadian bus touting american jobs. >> senator mccain called this bus nicknamed ground force 1 a waste of taxpayer money pointing out his campaign paid for his bus in 2008 but several reports point out the mccain's straight talk bus was also a dmaidin coach. and now, -- canadian coach. now, the federal government actually owns two of them. and both buses cost more than $1 kblinl including enhanced security measure autos still ahaerkd hillary clinton's secret visit from libya. saying something u.s. has been cautious brks until now. >> and an anonmus actress suing a web site for revealing the truth about her. >> and taking a look outside at traffic on the skyway. as you can see it's heavy in both directions. it's only 4:30 this afternoon, you can expect that to get heavier as the evening wears on. we'll be right back. >> this is looking okay from the west coast and east coast. there are showers and thunderstorms and it's all green lights across the country. i'll be back with a look atpx big show of support for the obama administration for libya's new government. >> secretary of state clinton made an unannounced visit to tripoli and until now, the u.s. avoided saying gaddafi should be killed. >> secretary clinton arrived in tripoli on a military aircraft for a quick, four-hour stop. this trip is a kind of diplomatic victory lap. mrs. clinton was a strong advocate for a military action in libya and is the most-senior u.s. official to visit since march when muammar gaddafi was ousted from power. >> i'm proud to stand here on the soil of a free libya. >> but vikt very not a done deal. gaddafi is still in hiding and just days ago, fighting broke out again here in tripoli. between pro-gadda