that's really substantial to demonstrate that there's a real likelihood that mehserle's appeal would succeed. the judge didn't see anything like that. >> reporter: after the hearing, mehserle's attorney said his client was disappointed but was ready for the rest of his sentence, now less than six months. mehserle is committed to the appeal. >> mehserle says i would hate to see another police officer to go through what i've gone through. he wants to stay through this, go back to trial because he says no police officer should be convicted. >> so how dedicated is he to that fight. >> i can tell you from my discussion today he is very dedicated to that fight. >> reporter: so where will mehserle spend the rest of his two year sentence? we know for sure that he will spend tonight here in los angeles in the county jail. but what happens next is still at issue. we'll talk more about that coming up at 6:00. claudine wong, ktvu channel 2 news. less than one hour ago, supporters of oscar grant held a news conference, they say they arhappy about the denial for bail for mehserle, but that today's ruling is bittersweet. >> for the first time in two years we are actually happy to stand here and say that his bail was denied. it is a bittersweet victory as in too little too late. we know this will not bring back oscar. that will not stop police brutality in our community. but as a community we are going to stand up and celebrate this victory in the fact that a murder will stay behind bars. >> the case was still a hot topic with many b.a.r.t. riders. one rider we spoke to said he is hoping for calm. >> i pray for all the police, and i pray for you know oscar grant as well as mehserle because mistakes do happen. >> once again a judge this afternoon denied bail for mehserle in the killing of oscar grant. we will of course continue to follow all developments in the mehserle case. you can get caught up any time by going to our website ktvu.com. there you have a special section to all the angles of the story. police say he sexually assaulted a 2-year-old girl after her grandmother stepped away for just seconds. ktvu's janine de la vega from freemont. >> reporter: 36-year-old eugene ramos is back at santa rita jail where he is being held in a separate cell away from other prisoners for his protection. just a couple of hours ago, ramos appeared here in a courtroom on the second floor to face sexual assault charges. eugene ramos entered the courtroom and stood stoically as his charges were being read. through a translator said he would not be fighting the charges. ramos is facing three charges, forcible lewd act with a child under 14, assault with intent to commit rape and attempted intercourse with a child under 10. ramos is a registered sex offender and already has a strike against him. in 2005, he was convicted of sexually assaulting a 7-year- old girl in hayward. the da's office says they are confident he will be convicted for this latest crime. >> we have a very strong case though. and there are really great people that helped out. >> what makes you say it's a strong case. >> i've reviewed the evidence. >> no comment, thank you. >> reporter: the public defender representing ramos declined to comment. neither ramos family or the victim's family showed up in court today. but we spoke to one mother who was in the same courtroom for another case. >> it was disturbing knowing that he was just on the other side of the wall. with my daughter -- it's just disturbing. >> reporter: the toddler in this case is recovering from the attack. >> she's with her family. she's gone through an exam. and that's all i can say. as you can imagine it would be very traumatic. >> reporter: the judge also granted a protective order in this case which means that he cannot contact the little girl or her family. if ramos is convicted of all three felonies, he could face a maximum of 21 years in prison. reporting live from freemont, janine de la vega. >> reporter: an antioch couple is facing charges following the death of their son who was shot and killed while playing with a gun on his second birthday. the contra costa district's attorney will be taking a look at the case on monday. eddy karr and laquinda monique were charged with reckless storage of a firearm. jayon carr was shot yesterday as he was playing in a bedroom. their grandmother who was watching them was in the living room at the time. the boy's mother had recently bought the gun and his father took it out of a safe and loaded it just yesterday. >> reporter: marine sergeant abate of fresno was killed in afghanistan. he is the eighth former student from -- to die in iraq or afghanistan. president obama visited the troops in afghanistan. samantha hayes is live in washington tonight with more on this, good evening samantha. >> reporter: good evening frank and gasia. the president today paid a visit to troops in afghanistan. and he said it is a rare day that he is not writing a letter to a soldiers family. president barack obama surprised troops with a word of encourage. >> you will succeed in your mission. >> reporter: and thanks. >> on behalf of more than 300 million americans, we are here to say thank you. >> reporter: friday's unannounced visit is the second trip to afghanistan as president. the president met with wounded service members. >> i don't need to tell you this is a tough fight. i just came from -- the medical unit. and saw our wounded warriors, pinned some purple hearts. the timing of mr. obama's trip also coinsides with cables to the website wikileak, detailing bribery within the afghan government. nevertheless the president spoke confidently about the u.s.'s partnership with afghanistan. >> we look forward to a new phase next year. the beginning of a transition to afghan responsibility. as we do, we continue to forge a relationship with the afghan people for the long run. >> reporter: more news is expected from afghanistan when a major military review is expected in a year since the president ordered an additional 20,000 troops to the country. dianne feinstein spoke out against extending cuts for higher earners. >> extending the tax rate, this bill provides the certainty and security necessary to protect working americans. >> republicans want the bush era tax cuts to be extended at all levels. president obama and democratic leaders want the tax cuts extended only for individuals making less than $200,000 a year and couples making less than 250,000 a year. >> if you continue to raise the tax -- sorry lower taxes for the top bracts, all you do is increase income and equality. >> reporter: despite wrangling in capitol hill, the white house says it will be willing to extend all tax cuts for up to three years. no word yet on when a come pro -- compromise could be reached. the labor department reported the jobless rate rose to 9.8% last month. that means more than 15 million people all across the country are without work. employers only added 20,000 new jobs. coming up at 5:30, what analysts say this means for the fragile recovery process. investors appear to be shrugging off that dismal jobs report. the market saw green across the board at the end of the trading day. the dow was up 20 points. the nasdaq surged 12 points finishing at 2,592. new security measures are being implemented to keep vandals away for the memorial of the oakland hill fire storm. the latest vandal happened in october. it was the second time the memorial had been targeted. now it's hidden from view until repair work begins later this month. >> best defense is a good offense. i grabbed every tarp that i had and plastic decided i would make them work for it. >> reporter: the memorial will now be surrounded by security cameras, motion sensors, everyone thorny bushes. spectators stop in their tracks to watch san francisco's transbay terminal take a beating today. that story ahead. i'm using storm tracker 2. the weekend is here and there's some rain in your forecast. i'll have the details. er feoel cort eeit t totr ree the california may be deep in debt but the legislator is still enjoying a pretty expensive perk. that includes a $55,000 cadillac and a $52,000 lexus hybrid. the program has been in place since the 1950 when it was cheaper to buy cars than it was to reimburse law members for wear and tear. it may be time to eliminate that perk, say some lawmakers. a wrecking ball tore into the bay terminal. people today say the ground around the terminal was actually shaking. ktvu's david stevenson tonight outside what's left of that building. >> reporter: the work crew finished here about two hours ago. if you can take a look now, you can see how much demolition the wreckage was able to accomplish in one day to this iconic building. the punches came hard and fast this morning at san francisco's old transbay terminal. the building was gutted this summer as part of a major tear down and rebuild of the transportation hub. today, a wrecking ball tore through the bus promenade. >> i didn't realize how beautiful it was inside. >> reporter: in it's hay day, the terminal included bus and rail line but became a seedy place in the decades since the 1950s. >> it was designed as a rail facility when there was rail on the lower deck. hasn't been modernized since the tracks were taken out in 1958. >> reporter: the glass and steel terminal that's set to replace it will include a rooftop park and rail. the sidewalk shook today as the wrecking ball took it's toll. >> i wanted to get a few picture, get a little history because this thing has been here for 75 years. it's part of the san francisco victory. >> reporter: torrez used to operate the terminal's flower stand. >> i didn't want them to do that. >> reporter: the new terminal is set to open in 2017. developers were crush and reuse a lot of the concrete to use the new terminal. reporting live, david stevenson. today the san francisco giants got into the holiday spirit offering early ticket sales. and if you can imagine, hot off their world series win demand was extremely high. from today through december 12, the giants will sell tickets to limited games. >> it's kind of fun, with the holidays here, everybody is excited about the giants, why wait till february. before we know it, spring training will be here, it's always baseball season here. well we may be dealing with some rain in the forecast, but check out the crazy weather in buffalo new york. it started with snow then it turned to thunder. >> it's a good situation in everything. >> holy cow. >> the eastern sea bourge has been rocked by snow. even more is expected before it tapers off tonight. >> we had some holy cow storms a couple of weekends ago. but what we're expecting this weekend is not like that, right. >> nothing like that. even what we saw yesterday, not so bad. right now outside, live storm trackerii is showing some green. now we're just working off this radar in the santa cruz mountains. that's the national weather service radar, it's best suited to pick out rainfall across the bay. because it's above most of the topography. the idea you're seeing rain, this looks like rain up here in bodega bay. but everything is just drizzle at best. changes for the weekend, now look at this, i want to show you the satellite loop. we're back 12 hours, we move forward. you see the moisture streaming in. i said this yesterday, it's hard to pick anything up because there's no mechanism. you don't see any dynamics with this flow. if you look back in here, next time it rolls you're going do see a little bit of dynamics. see the rotation in here, counter clock wise, that's the dynamics that will be here or that's the weather system that will be here as we get into sunday. it's going to rain sunday, that's what i'm telling you. it's going to leak, it's going to swing in, it's going to hit some of this moisture, boom. sunday is your wet day, saturday is your dry day. we'll give you timing using the computer model comes up. but tomorrow is going to be cloudy like today. slig chance for a sprinkle. i think tomorrow is a carbon copy of what we saw today. i've got the computer model loaded up. we'll look at the five day forecast, we also have snow in the mountains to talk about. i'll see you back here? just -- we'll see you back here in just a couple of moments. the u.s. air force x37b landed overnight on the california coast. also known as the orbital test vehicle, the x37b was launched last november cape canaveral florida. space shuttle discovery has been delayed once again. nasa managers announced today they need more time to analyze cracks in the fuel tank following a failed launch attempt early last month. a tentative launch date has been set for february 3rd. that will mean for delay space shuttle endeavor as well which was set to lift off at the end of february. how does that ad go, there's an app for that. tonight the app that stopped a burglary at a bay area home. >> a member in his unit, he suspected to be gay was the biggest and the meanest and killed the most people. >> also more new testimony tonight from a military commander about the don't ask don't tell debate. >> it smells like a public bathroom. it's basically what it is. and people who live in a bay area neighborhood tonight are asking for answers because of the terrible smell they say they are having a hard time dealing with. children sickened after playing in a sand box. we're learning more on what was found at two bay area blocks that health officials say no one should be around. an east bay cold case that continues to puzzle police. a 16-year-old gunned down in broad daylight. his killers still out there. what his family is now saying. in the hospital with the first of its kind procedure on a gorilla. that story still ahead. >> tonight on ktvu channel 2 news at 6:00. hillary clinton says she does not plan to run for president again. during a stop at bahran, hillary clinton said she plans to return to private life as an advocate for women and children around the globe. the top leaders of the military weighed in today on the don't ask don't tell policy. the comment on the marine corp. recommended against repealing the law saying his troops have enough on their plate. >> based on what i know about the very tough fight in afghanistan, the almost singular focus as they train up and deploy the necessary tightly woven soldiers that we are asking of so much at this time. >> the vice chairman of the joint chief of staff sighted one navy seal. >> one of the soldiers in a unit that was suspected to be gay was the biggest and the meanest and killed the most people and he was wanted in his unit. >> reporter: the wikileaks the website that posted secure documents is being chased online. it is unacceptable to host a site that puts a diplomatic secrecy in danger. swedish authorities have issued a revised arrest warrant for julian asange on accusations of sex crimes. viacon is challenging a civil ruling. today viacom filed an appeal against the court decision that found that u2 had obeyed copyrights. in june a federal court ruled u2 could not be held accountable because it removed illegal content after being notified of the violation. peter chan was at work on monday when he got an e-mail alert with a picture showing two people in the act of cleaning out his home. the picture was coming through a live feed from a motion detention camera that had been linked to his iphone. chan called police and they arrested the two people. what it was and why it made the judge abruptly stop everything. this is the unseen problem in a scenic marine neighborhood. coming up we'll tell you what neighbors are upset about and the unconventional solution. unemployment raised a few ticks and it may just get worse. i'm consumer editor tom vacar, why, straight ahead. it smells like a public bathroom. it's basically what it is. but it's not several stalls, but an entire cities worth of sewage that's causing a stink in the north bay. neighbors are complaining about a waste plant that smells so bad it's causing health problems. more on a fix that can't come soon for a lot of people, patti lee. >> reporter: we're at the source of this odor. behind us is the plant's odor control section. it's a box full of sand , and it's supposed to work like a box of arm and hammer. but it still has it's problems. >> reporter: shauna shacaloco has lived across the street from the treatment plant all her life but she has only started to notice it in the last few months when it started to smell. >> it smells like a public bathroom, it's basically what it is. >> reporter: a sewage plant has been in this position for decades. but there's been few complaints about odor until now. >> we don't really know what's going on there. >> this is the raw sewage. it gets pumped up to the building over there. >> reporter: deputy manager of the plant explains the problem. the regional water board ordered the plant to stop using bleach to remove odors. that board's engineer has come up with a new combination of odor eating bacteria to get the job done. but they're still trying to get the recipe right. >> the smell comes and goes. there's no control. >> reporter: stephen matal works feet from the plant, he's worried about the plant's effects on their family. >> constant headaches, we have a little one that is constantly throwing up. we have to solve the problem. they have to solve the problem. >> reporter: and they say odors are generally not public health hazard. that's good news for neighbor, more good news, the water board decided bleach was safe and effective and will allow it to be used again. making plant managers confident they'll be able to contain these odors by the end of the year. patti lee. a hearing for two mothers from fairfield came to an abrupt end today because of new evidence. sisters leticia and shatara james appeared in a court. their children died in an apartment fire. the mothers were grossly negligent because they left the children alone in the home. a new report was revealed in court indicates a second fire started on a couch. >> from my standpoint it just makes the case more horrifying but that's just my opinion. >> reporter: the judge ordered a two week delay to give the defense time to review the evidence. two people had to be rescued from the water after an early morning fire that damaged five fire boats. the fire started around 2:00 a.m. at one of the boats near bethel island. coast guard groups had to rescue two people to escape the flames. no one was seriously hurt. the cause of this fire tonight is under investigation. two would be armed robbers left empty-handed last night from a walnut creek restaurant because the door was locked. police say one employee and two teenage customers were inside the panda express around 10:00. that's when two gunman banged on the door demanding to be let in. they hid and called police and eventually the two would be robbers left. the u.s. labor department reported today that the jobless claims jumped by 1%. tom vacar join us now. >> reporter: take a look at this sign, five of the ten business spaces are unoccupied providing jobs. engel is aware of the vacancies on this hayward block. >> the state of the state, the state of the union, just not enough money to go around for everybody, not enough services for everybody. >> reporter: how bad is it? the first woman we met here in hayward said to me, congratulates congratulate -- congratulations on having a job. here's the white house spin. >> you shouldn't take too much out of one number. last month was above expected, this one below expected. collectively i would say we've seen kind of an improvement. >> today's report means that we've seen a private-sector growth. we've added 2.3 million private- sector jobs in the commune. >> reporter: but experts say that pace is too slow.