a sigh of release. apple promises no more hang ups for the iphone 4 customers. and promising new checks and balances for a bay area department. >> it is friday 16th. hello again everyone. i'm heather holmes and welcome to bay area news at 7:00. we're following breaking news where a man has been found shot to death. berkeley police said they were called to shots fired near russell street. they found a man in his 30s slumped over the wheel of his car. the paramedicics announced him dead at the screen, and his identity has not been released and no word on any suspects. this is the third homicide in berkeley this year.

well a big victory tonight for state workers. a judge has ruled against governor schwarzenegger in his effort to reduce the pay of 200,000 employees so minimum wage until a new budget is in place. the judge denied his request that would have mandated a minimum wage effective immediately. it means all state workers will receive all full wages until august, but left the door opened by ordering a full hearing to allow the case to proceed. kristen is live with reaction and a look at what's next -- christian. >> they are among the state workers that say they're very relieved that they'll be making their full paycheck, at least for now. sacramento court judge turned down governor's latest petition. the governor is trying to force the state controller to pay at

minimum wage to 200,000 state workers until he approve a budget. >> it is my direction to deny the obligation for the tro on the basis of the blanss of harms. >> the state's controller arguet technological constraints prevent them. >> a controller simply cannot wh the payroll system currently in existence do what the petition wants. >> the governor's administratiog that. >> we take a skeptical view of that inability to handle certain reductions that we've asked for now. >> state workers in oakland tody say they couldn't have made it through the summer if their pay was reduced to $7.25/hour. >> i would have to talk to my

landlord, and verizon, and utilities and say wait for my money because i have to wait for them to give them my money. >> they believe the law is on its side. the judge set another hearing on the pay issue. that date is july 26th and there will likely be anoer hearing in august if the budget hasn't been settled since then. >> well am today acknowledged a widely reported signal prab in its new iphone 4 is indeed caused when they cover the antenna with their finger. in a press kvrns today, ceo steve jobbs offered iphone 4 users a bumper that should resolve the antenna problem. he says that they confirmed the dropped reception, but viable smart phones had similar issue. >> there is no antenna gate.

there is a challenge for the entire smart phone industry to be able to improve its antenna performance so there's no weak spots, and we're dedicated to doing that. >> he sadz there's no near-term plans to change the design on the iphone 4. in addition to the offer of that free cover which is good through september 30th, he said customers can return any undamage # iphone 4 for a full refund -- iphone. >> a solder from napa has been killed in afghanistan. 21-year-old chase stanley was one of four solders that died wednesday when their vehicle hit a road-side bomb. stanley was a graduate of napa high school. he and the other three solders were assigned to the 20th brigade in north carolina. oakland police say that tips

are coming in showing lewding suspects. the photos show people steeling merchandise following the verdict in the bart shooting trial. police are asking people to call. there's a reward if the tip leads to conviction, and they have identified one person so far, but have yet to make an arrest. and you can see all of those photos on our website www.ktvu.com. meantime, police in walnut creek are ready for a planned rally in support of messerly. he was found guilty of involuntary man slaughter and a facebook group is organizing the rally in support of messerly and law enforcement in general. police say they're not fur shy the group chose walnut creek but hoping for the best, but preparing for anything. well in the wake of the bart shooting, governor schwarzenegger signed a law creating new oversight for bart police officers. as rob ross reports, it also promises new accountability.

>> doing nothing was not an option. >> signed by governor schwarzenegger establishes an independent auditor for police officers. >> inside a new page in bart's history. >> the new law is the latest change in bart since the shooting death of grant by messerly about a year and a half ago. they hope police will redeem the trust and confidence by placing officers ufrnd greater public scrutiny. >> things that go wrong prior to this, the bart police dparmentd did it themselves. after january of 2009, that had to stop. >> it gives us another place to go when we need a check up of how we're doing, what's going on. they look at our training and policies, and they look at the

investigation and they can spot check why the officer did this, or why did they use a taser or how come he didn't use the stick. >> this is not new to big police departments. san francisco has a police commission, and san jose has an independent auditor. >> bart is trying to combine the both, and it might get interesting. >> they're going to work with us. we always degree, probably not. >> the new law takes effect next january 1st, exactly two years after the death of oscar grant. in oakland, rob ross. >> and for more details and the upcoming esserly r go to www.ktvu.com. police say they're stepping up patrol after a string of burglaries targeting office

buildings. seven burglaries have taken place near east bay shore road. it was on the 1700 block and burglars hit at night, smashing windows and going inside to steel electronics laptops and televisions. it's unclear whether all seven burglaries are xekted. san jose police officers today approved a pay cut and other concessions in a return for guarantee of no layoffs in the next year. members of the police officer's association voted to accept 4% reduction in pay and they will increase their contributions for health care and retirement. in return the union says the city has agreed not to lay off any officers during the one-year term of the contract. the city council must approve that deal. a few of the 80 oakland police officers laid off this week will find new opportunities with the oakland schools. the school district is running a new summer camp at their main office and needs three officers

to fill positions there or patrolling schools throughout the rest of the city. >> it's an opportunity for us to hire police officers from oak labd that know the city, and come work for us so i'm truly pleased we're able to hire at least. >> the police force plans to add three new people in a month. not gulf of mexico where eng #23450erzs plan to decide tonight to continue a pressure test -- engineers. pressures are lower than expected and president barack obama says he's cautiously optimistic about the latest developments. >> the new cap is good news. either we will be able to use it to stop the flow, or we will be able to use it to capture almost all of the oil until the relief

well is done. >> the first relief well is scheduled to be finished in mid august. you're looking right now live at the containment cap for bp's underwater camera. no oil has leaked here since yesterday afternoon, but vents will have to be open to let oil escape if the pressure stays too low. appeal court in switzerland restored olympic medals stripped from a group of u.s. relay runners in the 2000 sidney games. the sprinters lost their gold and bronze medals of their team mait admitted she was using performance enhancing drugs. but their decision to disqualify the entire team was unfair sings no rules were in place to disqualify teammates because of doping by one athlete. the nation's largest supplier and maker of artificial turf is going to remove lead

from their product. the state of california sued two georgia-based companies in 2008 for violating proposition 65. tests found lead levels in the artificial turf that are more than 10 times higher than what's allowed. in addition to removing the lead, the companies agreed to proi replacement fields at a discount. new details on a heart-wrenching story near tracy. coming up, what investigators are planning to do after five horses died from dehydration. >> the state's first cases of west nile virus found because people did this. that story still ahead. >> and it was a little bit cooler today. your weekend is here. how cool will it get, and will the fog be a player in the forecast. [ male announcer presenting the cadillac "summer's best" sales event.

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officers practiced responding to attack on a bart station. organizers said they wanted to give officers the information they need to make good decisions in a crisis. the northern california regional intelligence center organized today's drill. they said they paid sarah palin $75,000 for forking and it netted more than $207,000 for their not for profit foundation and their failure to reveal ahead of time how much they were paying palin violated disclosure laws and accusation that the foundation denies.

california's latest unemployment numbers show a drop in the jobless rate, but the numbers are among the highest in the nation. the state's unemployment rate fell in june to 12.3%. now that's down 1/10 of 1% for may, but far greater than the current national unemployment rate of 9.5%. we take a closer look at the current job outlook in the south bay. >> there's not been a department store in downtown san jose since in 1970s but that changed today. ross opened a new store there, and some see it as a promising economic sign seeing that unemployment is still high in the south bay. >> i got some dress shoes. >> jamie moore took a break from his store to shop at the new store. >> it's going to bring more people downtown and just to help the downtown area and the businesses. >> san jose redevelopment agencs

they were aggressive in this downtown area and providing 50 new jobs. >> right now that means a lot to those 50 people that are filling the jobs, and to their family. >> the state's employment devet department reported today the unemployment rate in south bay was 11.4% in june, and less than the 11.7% rate they estimated a year ago. state labour officials say this is the first time in more than three years the unemployment rate has turned out less than they predicted. >> might be a turning point. one month doesn't make a trend, but hopefully a better sign to come. >> there's been job growth in te manufacturing and farming industries in the south bay. jobs in the retail industry have held steady. workers at the unemployment office in san jose say they're busy helping people look for jobs and file claims. >> it's been really difficult.

lots of tempt and short-term tefrp temp jobs and nothing really lasted long. >> the federal bureau of labour statistic say that weekly wages have increased from a year ago. >> now here's a county by county break down of the bay area unemployment. ma rin had the lowest jobless rate last month at 8.2%. dismal earnings set wall street into a tail spin and city group and bank of america reported lower revenues due to decre investments and dow dropped 261 and nasdaq lost 70 points. there's new information about the horses that died near tracy after left without water in the hot sun.

they learned that the the owner said there was water on a nearby property, but that a gate that was supposed to be open was locked. five horses died and two others are being treated at a hospital. they would not discuss the condition of the surviving horses. the sheriff's department says they plan to pass on the results of the investigation to the district attorney. dog short-faced breeds make up half of the 122 dogs that have died inside since may of 2005. animal experts say because dogs cool themselves by panting, those breeds are more venerable to overheating in their cargo bags. california now has their first confirmed human cases this year of west nile vius.

the patients are believed to catch the disease east of the county line. >> west nile carrying mosquitosy had bitten the unidentified women. >> these cases are the reminder that the virus is getting active. >> the women had given blood and learned from councillors they had been affected. they are recovering and less than 1% cases cause serious illnesses. west nile is one of nine routine tests done to each unit of blood to ensure safety of the blood supply. >> some might call this a gift of life, but blood center doctors say because of all the tests for west nile virus and other diseases and cholesterol, donors have another reason to do this. >> we might tell the donor that they're infected with something before they even know, and they can dp to their doctor and get appropriately treated. >> dr. winn says in san franciso

the most common drug is hepatitis, and this time of year it's west nile. >> donors could come up positive once or twice a week, and today i know of four positive blood donors in california. >> because the other two cases haven't been confirmed, california's official human west nile cases stand at two, but expected to rise shortly. blood center officials say this testing is free for anyone that donates blood and the need is for o negative donors. >> all right. operation panda wn full swing today, and. san francisco 3rd baseman known as the panda dropped in this morning at the mission cultural center. he was greeted by lots of

children singing and dancing. the panda led telling them to make healthy and good choices of what to eat. we're coming up here on bay area news at 7:00, why hundreds of gochl fans gave up their friday morning for an upcoming celebration in the east bay. and the weekend has final arrived. will the weather stay warm? our chief meteorologist has it for you when we come back.

>> walnut creek residence are going to take their first look at the state of the art library. a grand opening celebration is scheduled for tomorrow from 10:30 to 4:00 p.m. and the new library is north broadway, the same location as the old library. got lots of cool stuff there. let us check in with bill martin, and i've been telling you warm weather, and maybe a little bit of it this weekend. >> not bad, heather. and it was cooler today by a couple of degrees, not 100. in livermore we had 95 today. and slightly cooler day, but warm to hot and we go outside and the fog is here, and that's the main reason we're looking at kind of a milder temperature

pattern over the weekend. let me draw this in here. fog is going to get this far inland tonight, right there, and might go farther but we'll see more coverage tonight and makes for a cooler day tomorrow. it's that simple. forecast highs will be cooler than these and forecast highs on sunday will be 7 degrees cooler. temperatures turn down because of that fog, and it's going to have a pretty strog push overnight into the morning hours so with more fog, slightly slower warm up and because the fog is there, most of us inland or over the east bay hills or in the north bay for a while, but it will be there tomorrow. san jose 88 agrees downtown. the high pressure center is weakening and this came out of the southwest. this weak-low center is what we had early part of the string and through string and that's why it was wet. it will re-establish itself, and

not supposed to be but that's why we'll cool down. so still a nice wnld, just not as warm as it could be. i mentioned the fog, and you'll see how far inland it will be. and then the fag along the coast burns back. ocean beach, i think you'll have trouble seeing the sun tomorrow. i think it will be pretty foggy throughout the daytime hours. there are your forecast highs tomorrow. a couple of cities for you. 96 in fairfield, 93 in napa. your five-day forecast shapes out like this. 62 at the coast, and see you tonight at 10:00. >> thanks, bill. hundreds of ped up in oakland to get free tickets to next week's mow morial tickets for bishop walter hopkins. died on sunday at his home and he was 61 years old.

he scored his first hit song oh happy day performed by his brother's band. he formed the love center church in oakland back in the 1970s. that is our report for tonight everyone. i'm heather holmes. bay area news at 7:00 returns on monday. stick around. tmz is next. have a great wnld. -- weekend.

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