their son was killed in a tennis court, tonight a arrest on the case. good evening i'm frank somerville. >> and i'm heather holmes. we just learned one of two suspects is now in police

custody. amber lee is live outside of police headquarters with with late details. >> reporter: mill bury police told us the suspect is being held here at the police station and at any moment he'll be transported and booked. earlier we spoke with parents of the victim jared azu. >> we just want to know what happened to my son. as he was lying there and dying. >> reporter: katherine and zalu azu tells us her son was supposed to attend a automotive class at skyline high school and doesn't know how he ended up by the tennis courts. >> there were witnesses at the scene. >> reporter: jared was popular with girls and that the dispute

may have been over a dispute with officials. after spending a few months in tonga, he came back with a difficult attitude. >> why my jared? so easy going and loyal friend. >> reporter: his parents say they don't harbor any anger for those who killed jared. >> so there's forgiveness? >> oh yeah. >> we would rather have them turn around. we have a lot of good memories, there's no room for hate or

feelings of revenge. >> reporter: jared is the youngest of seven children. the family says in november he planned to go on a two year mission for the mormon church the family belongs to. the suspect will be transported from here at the police station to the jail in redwood city. reporting live in millbrae. today 40-year-old octavia walton was charged for arson. at the time of the fire, police called it a malicious act. one of the most dangerous ever to walk the streets was

convicted today. mark anthony cambler and elijah -- were arrested. >> he was the leader of the akorn gang. just had all out warfare on the streets. >> kanfler faces life behind prison. the judge who yesterday threw out the state's ban on same-sex marriage has set that deadline for written arguments on whether he should now low

those marriages to go forward. today, the a supporters spoke to a packed club. john sasaki is there. >> reporter: after the stay issue was resolve, this is the next likely battleground the ninth u.s. circuit court of appeals. depending on the reaction, prop 8 opponents have a hero leading their fight. attorney david voice received a standing ovation before speaking on the case. >> we have an important first step in eliminating this last

bastion. the other side doesn't have any experts, they've got a bumper sticker. >> same-sex couples cannot marry, but they did the next thing available, they registered as same-sex couples. >> it seemed like it was going to work the last time. >> reporter: this was a night for wedding rehearsals. the clergy were hesitant to talk about this issue saying only the catholic church consideration marriage between a man and woman. back at the commonwealth club, voice choked up when he spoke about the people who started

the fight against same-sex marriage. >> an enormous cost. this was all for them more than anybody else. thank you very much. >> reporter: judge walker's decision on the stay is expected in the next week or so. and voice expects to take the case to the supreme court. live in san francisco, i'm john zasaki. we are in the process of up loading and extended exert of voice's speech. you will find it under the gay marriage tab. and how the kagan's additional to the supreme court affect today's decision? we'll have that next. and mexico city was the first region in latin america

to pass the law giving gay couples the same marriage rights rights as hetero sexuals. the court ruled the constitution does not define what a family is so the law does not deny it. since the law passed six months ago, more than 6,000 same-sex couples have married. crews began pumping cement into the well this morning and by late this afternoon they were done. it will now take about a day for that cement to dry. earlier this week, the company jammed the offshore oil well with heavy drilling mud. that process is called static kill and may ultimately plug the broken well. >> i think we can all breathe

easier of the potential of having oil in the gulf ever again. this is not the end but this will assure us of having no oil leak into if gulf. >> crews will pump cement into the area and hopefully seal the well for good. a move is on the way tonight to require pit bull owners to spay or neuter their pets. this comes after a toddler was fatally mauled. mike mibach is live for us. >> reporter: i spoke to -- face to face, and he said even though he feels like a launching pad, he does support it. dogs without homes parking for attention. it's reality inside this

martinez family attention where all types of pups, including a number of pit bull breeds are vying for a new life. >> i've met many pit bulls like the sweetest dogs i've ever met in my life. >> we have people who say they are concerned when they see a pit bull roaming the streets or eastbound on a leash. >> reporter: council member roya says that pits seem to be less aggressive when they are fixed. >> the idea is to make our community safer. >> reporter: the ordnance which is similar to san francisco is in response to last month's mauling death of bisby. the boy's grandfather was arrested and charged with child

abuse. the da has since added a death enhancement charge. and we've learned that the pit bull killed a parrot and a chihuahua prior to the boy. >> i think it should be voluntary. >> i think it's necessary to spay them if they are not trained properly. >> i don't think it's a right to force somebody to have their dogs spay and neuters because some people do want to have puppies running around. when i'm older, i want to have a dog to have puppies, because i love puppies. >> if the board of supervisors do in fact, vote for it, yesterday steven ayashi posted bond. mike mibach, ktvu channel 2 news. in a little more than an hour, san francisco's transbay

terminal is said to be shut forever. it's said to make for a new transbay center. the old terminal was built back in 1939 to accommodate buses. a temporary terminal a few blocks away with serve passengers until a new terminal the opens up. there's word that a federal aviation administration have agreed to build a new control tower. the faa will pay up to $4 million for the new tower. the old tower was declared seismically unsafe back in 1988 and will be torn down once the new tower is finished. it's a security concern for the i pad and iphone. how apple has announced it plans to fix the problem. a close friend of mehserle talks candidate about how mehserle acted and reacted in

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cardboard no. delicious yes. >> that i relish not just as a father who wants limbless possibilities, but that our supreme court will be more reflective of us as a people

than ever before. president obama reflecting today on the senate's confirmation of elena kagan as a u.s. supreme court justice. once she takes the oath of office this weekend, kagan will join two other women. it'll be the first time ever that three women serve at one time. that could have a strong influence on a range of issues including same-sex marriage. >> reporter: perhaps because the outcome was never in doubt. >> the tally is 63-37. >> reporter: today's senate confirmation didn't command many headlines. but kagan is only 50 years old. she'll likely be a justice for decades. ruling on issues that define america such as same-sex marriage. >> proposition 8 is another example that the fact that american society is shaped by

the supreme court. >> reporter: kagan is considered a liberal and she replaces a justice from the court's liberal wing, john paul stevens. >> i think it's a trade of one for one. but she could change the court in subtle way, because she's new she'll have less clout than stevens, but -- >> i think that to get to 1/3 of the court, women is a big deal. >> no longer just a token female presence but a critical mass that could impact the male justices on issues involving discrimination. during kagan's confirmation hearings, much of the criticism centered on gay and lesbian issues. some conservatives feared that

she was too gay friendly. some spread rumors about her sexual preference. >> who knows how she will react to the fact that people tried to smear her. >> reporter: might it spite her. >> she has expierced it, so how that might influence her decision, i don't know. but it's hard to believe that won't be some where in her thinking. >> reporter: kagan will be sworn in on saturday. political editor, randy shandobil, ktvu news. retail giant target apologized today for a political donation that led to calls for a store boycott. the company gave $250 for a group backing a republican for minnesota governor who opposes same-sex marriage. a target ceo wrote to employing

saying, the company was genuinely sorry that the donation insulted people. attackers are potentially exploiting a security flaw. it was detected on apple's newest product, it could put personal information at risk. maureen naylor is live at apple. >> reporter: apple today anouns it has an issue because of two major concerns. the first is called jailbreaking. websites like jailbreak me.com help disable security. >> i know people that want to go to other carriers. >> reporter: the second and more concerning issue allows hackers by luring users to a website, getting them to download a corrupt pda file and

then taking the device hostage. >> it's a relatively high concern. apple announced it plans to fix the problem. it can lead some users singing the blues, because it can take a jail broken iphone into a useless brick. the hacker security breech is a concern for this psychologist that keeps her patient files on her iphone. >> it would be horrible. it would be horrible, it would

be a breech of confidentiality to a lot of people's private information. >> the only thing they can do is get my contacts, phone numbers of all my friends and friends of friends and so forth. not my bank account or anything like that, so i'm not very worried about it. >> reporter: apple didn't say when software would be released. simply don't download an ipa if you don't know where it's from. contractors will start carving out the bore on highway 104. to get the work down, they'll be using a 54-foot long and 14- foot tall excavation device with a rotating cutter mounted on a boom. the new tunnel is expected to

be completed sometime in late 2013. the fog is moving rapidly into your neighborhood again tonight as it has the last few mights. tomorrow is friday, the fog is a big player in the morning hours. as we head into the weekend, this cool weather pattern will continue. it continued july and all of a august. for two month, this high pressure center is controlling our weather. it's in santa rosa, napa, all the way up to oakley. you know what that mean, you're going to have fog as you head into work. home buyers may now lock in mortgages at 50 years low. the rate has dropped to 4.49%.

and the average rate on a 15 year fixed loan has dropped to 3.95% down from 4% a week ago. the low rates have sparked some activity in the housing market but not a massive boom in refinancing. worry about tomorrow's federal jobs report faced a small slide today in wall street. the dow dropped five points while the nasdaq dropped 10. july's unemployment rate increased. and we'll tell you our real national pastime? saving money. and like baseball people love their stats. i started bringing my lunch to work -- 50 bucks a week in my pocket. here's a good one: state farm insures 40 million drivers.

more than geico and progressive combined. i saved because i'm accident-free. of course, with so many ways to save including discounts of up to 40%, having that many customers shouldn't be a surprise. so ask a neighbor about state farm, then call an agent at 1-800-state-farm or go online. with my citi thankyou points when it happened... [ glass breaks ...again. ♪ [ child run! [ man first it was the mailbox. then my squirrel.

and now, this. so i used my points to make a donation to get the park down the street built. when it finally opened, i also used my points for... car repair. [ male announcer use your citi thankyou points for almost anything, even local charities. what's your story? citi can help you write it.

pleasanthill police say the thieves targeted their victims. the robbery happened at around 11:30 last night in an apartment on single parkway. investigators say two men entered wearing jackets and vests claiming to be police officers. police say they have only a vague description of the robbers but they described the get away car as a champane chevrolet. 4tez960 or 4tez690. police canvassed the bay area for known gang related parols. at one locations agents said they found drug paraphernalia

and a shotgun with other weapons. authorities ended up making 48 arrests, 33 of those arrested were gang members on parol. >> we act as a deterrent for those who may be on parol supervision so that they won't engage in this kind of activity, also, it often time leads to discoveries of other crimes being commit. parol agents say they are now better able to track parolee with tracking systems. a mistrial has been declared in san jose in a murder trial of a man accused of killing an attorney. jason kai was on trial for allegedly killing gi jou. 11 jurors say they believe he is guilty, but one juror held out. officials say kai killed the attorney. the attorney represented the family of kai's wife. kai's wife was found dead in a

swimming pool in 2003. prosecutors say they will try kai again next year. a french tourist survived a fall today at the gran canyon. the 18-year-old was taking pictures near the rim of mathers point, he then slipped and fell 75 feet. paramedics hiked down and stabilized him. he was treated for wrist, angle and neck injuries. the mother of one of three americans jailed in iran speaking out about an alarming phone call with her taughter. h her daughter told her monday about new health problems, specifically a lump on her breast. >> she's very concerned about this, because she keeps asking for medical care and she's being denied medical care. you know, this is really alarming me. >> reporter: nora shourd also

says that her daughter is still being held in solitary confinement. the three were hiking in iraq when iran soldiered captured them. iran says it believes they are spies. tonight we'll hear from a close friend of mehserle about how the former bart officer reacted to the killing of oscar grant. later on, anger 3q (announcer) air wick i-motion is the only continuous air freshener that detects movement, releasing a burst of fresh scent so your home always feels welcoming. try the full i-motion range. air wick. release the freshness of nature. leaves residue behind? finish jet dry rinse agent removes residue and dries dishes better than detergent alone

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tomorrow's forecast for walnut creek, there's clouds there in the morning, there's clouds heading there right now.

the walnut creek downtown 68 degrees at noontime, 79 degrees for a day time high. but the cloud cover right now is moving into the walnut creek area and out over concord as well. in the 19 months since then bart police officer mehserle fatally shot oscar grant, mehserle relatives and friends have revealed little about mehserle. but now friends of mehserle are revealing details of what he did and said. >> reporter: january 1, 2009, the images of mehserle on that bart platform have been seen many times. >> people don't know who johannes is. he's not a monster, he's not a racist, he's not an out of control raged cop.

>> reporter: for the first time we see the past 20 months through the eyes of a close mehserle friend. he says he still feels for his safety, on the condition of anenimity te , he takes us back to that day when mehserle's girlfriend was put on bedrest. >> johannes wanted to stay at home. but it's required that everybody work that night. he called his wished her girlfriend a happy new year. >> reporter: two hours late every -- >> his life changed. >> reporter: at the shooting, his friend said mehserle quickly spiraled into emotional turmoil. >> he was quite upset, crying, couldn't sleep. every time he closed his eyes

he was reliving killing oscar. >> reporter: just hours after oscar grant's mother lost her son, mehserle was introduced to his. >> he was excited, he was starting to tear up. >> reporter: his friend say despite protocall, it took days to get counseling. and under the advise of his attorneys, he stayed silent. >> he said, i'm going to be arrested. >> reporter: so he knew? >> yes. >> reporter: those attorneys also sent mehserle to nevada because of death threats. >> some people thought he was

running >> i heard that and that could be farthest from the truth. >> reporter: then came -- >> the father was told about the arrest. >> reporter: mehserle went to santa rita jail where he stayed for several weeks. after he got out of jail, pictures show mehserle spending time with his son. >> i know that behind that, that he's in turmoil. >> did mehserle ever tell his family what happened? >> no. >> so when they were in court, and and he was telling his story, they were hearing it for

the first time. >> people have no idea what johannes was going through emotionally. no idea. the numerous times that he broke down and couldn't even speak because he was crying so hard. he always said, that gun shouldn't have gone off. >> reporter: his friends say he does not defend that shooting but believes people should know, there is more to the man they know that one life ending and life changing moment. >> you'll find more of our reporting on the mehserle case on our website ktvu.com. just look for the mehserle verdict tab. >> a parolee convicted of attempted murder for setting two people inside a san francisco bakery was sentenced today to life in prison. those inside the courtroom, say scott thomas showed no emotion

when the judge set his sentence. he had been mistakenly been released from jail. >> while he's eligible to go before a parol board in 26 years, i don't believe in any economic climate that california parol board would ever truly consider scott thomas for release deadly again. >> reporter: one of the relatives of his victims said they are happy about the consider? the child was a victim of hundreds of sex abuse between

1995 and 1999. john hardy jackson was found 25% responsible. jackson was convicted of more than a dozen charges, including lewd and lascivious acts of a child under the age of 14. the the court ruled in favor of a google employee. reed was fired back in 2004 when he was 54 years old. reed says he was told he wasn't a good cultural fit for google. the company denies the allegations and says it will prove in court it does not discriminate. animal rights activists had planned to postpone the round up of wild hours but thai will appeal the rule -- but say they will appeal the ruling. the round up is scheduled to take place in the far northern eastern part of the california.

coming up here, the 911 tape released tonight of the connecticut gunman who killed eight coworkers. also coming up, a hip hop singer returns to his homeland haiti and makes a major announcement to his fans.

connecticut state police released the tape of the 911 call made by thornton. the man police say killed himself and eight others. >> yeah, i understand that.

>> they treat me bad over here. they treat black employees bad over here too. so it's in my own hands to handle the pro problem, i wish i would have gotten more people. >> reporter: the company denies racial discrimination and says it welcomes an investigation. >> reporter: one of president obama's leading economic advisors, romer had ár has advocated more stimulus measures toest help the economy. she plans to go back to her job of economics professor at cal. and president obama nominated the 48 melinda haag to her postto replace the

current u.s. attorney. haag must be confirmed by the u.s. senate. but capitol hill leaders say she is not expected to face any opposition. police say three men held up the bank of the west branch on loan tree way. investigators say after getting some cash they escaped in a honda civic that a fourth person was driving. the honda was last seen headed north on hill crest avenue toward wild horse drive. police say they have limited descriptions of the robbers and hope these surveillance images will provide more leads. campbell said two men gave her some small stones but she didn't know they were diamonds

or who they really came from. in saudi arabia, they plan to block smart phones. saudi arabia and other companies want codes for messages sent by blackberry users. >> and today jean wyclef has announced he is running for president of the haiti. . the election is set for november 28th. coming up, some bay area communities want to spend billions to keep a new rail system out of their town. and chief meteorologist bill martin,

in berkeley demonstrators demanded more funding for child care. the protesters said the state's first priority should be children, everything else should be second. they say child care is a problem not just for parents but for entire communities. one of the most controversial projects being considered in california is building a new high speed rail system.

today high speed rail got an ear full from opposers. >> reporter: that route is not sitting well with cities in the peninsula, especially minlow park. so today the board took its meeting on the road to san francisco. city officials and concerned citizens lined up to express concern and objections. some pointed out the board agreed to avoid the city of legrand and should spend the same to do that here. minlow park said it is willing to support one option. >> an 80-foot freeway over the top would be very difficult for us to have a discussion about. some people were skeptical all options are really being considered.

>> if you don't have the money to fund the understood grounding along the peninsula corridor then delay. >> reporter: but supporters say delays could kill crucial funding and could have a come nay effect on caltrain. >> caltrain is in serious economic trouble. one of the key ways for caltrain to survive is to electrify the line. and the funding for that won't happen unless we link it to high speed rail. >> reporter: some say the future to caltrain may be the way to get to each side. the argument will be if you don't want high speed rail, how to you feel about no rail service at all. robert handa, ktvu channel two fuzz. the fairfax town council has banned pg & e from installing smart meters. the council voted last night. it already has installed 200 of

the 8,000 wireless meters. town leaders have expressed about the safety and accuracy of those meetings. the broadway shuttle runs weekdays between jack lundon square. the program is funded by clean air and various property owners. officials hope it'll bring more people to downtown oakland. the fog is headed your way again tonight. your friday is going to be a lot like your thursday and a lot like your wednesday and tuesday and monday. fog right now in oakland. it's working it's way out toward walnut creek and martinez. fog in your neighborhood, it'll

have an impact on your neighborhood tomorrow. temperatures will be cooler in some places than they were today. temperatures today were mostly in the 70s. as we march through the bay area microclimates, you see low 60s in the bay. really lafayette, martinez, mid- seven 0s. in the hot spots, low 80s out toward the delta. if you keep going east, you'll find some 90s for sure. right there, and right there there's the heat. but the cool marin air is going to continue to invade the inland bay valleys which has been so good for the fire danger and for the air quality. this fire danger will stick around. it's all the way up to rio vista, up toward discovery bay. as the afternoon wears on, the fog does what it's supposed to do. burns to the coast. san francisco airport, i think

your foggy all day. the forecast highs, 83 in clear lake because you're out over the cool air. up above the inversion what there is of the inversion. 70 in vallejo, these numbers are cool. 80, that's the daytime high in livermore. normally this time of year, climbtology would have these temperatures in the mid-80s, low 90s. but we're in one of those seasons where there is a cooldown. firefighters

bay area scientists are beagaining to substitutety the state's iconic redwoods trees. researchers from uc berkeley says the critical to understand how the trees have adapted to climate changes in the past so make sure they have a future. they are going to monitor 13 spots in the state by using special sap measuring probes placed in the tree bark. researchers pointed out that redwoods are getting taller which may be a result of more carbon dioxide in the air.

mark is here with sports. giants, braves, oh so close tonight. >> out on the road but they need these games. tough to win at the park in san francisco. we've been a little spoiled by the giants, they haven't lost two in a row since the all star break. but tonight, two small mistakes by lincicum and it sends them to the defeat. already, with andre torrez continues to hit the ball to the wall. this an rbi double, #-0 lead. didn't last long. alex gonzalez off the freak, two run shot and it's 2-2 and little bit later, 6th inning, the linski. he takes lincicum deep. now falls to 11-5, his expression says it all.

a former giant, does the giants no aid either. he's with the padres now, 8-0. and chris denorfia to left played to an inside the park right. and makes it in under the tab. a 5-0 lead at that point. padres win it, shut out style and their lead to the west over the giants now two full games. jerry rice was one of those guys they virtually had to rip the uniform off of to get him to retire. once they did, the count down was on for the hall of fame. now basically one day and counting before he is forever remembered in canton ohio, niner fans will always love the words montana to right. but in actually young to right happened more often. 85-55, touchdown hook up. rice talked about his very relationship with joe and steve. >> that could be more of a teacher you know prestige,

because he was known as a running quarterback when he first came into the league. and every time i got into my rout, i was getting ready to shake the defender. i would hear the crowd getting rowdy. and every time i thought, eric is getting ready to send me this ball. >> not to say he won't make a great come back, but tiger woods just another struggling golfer out today. the 4-over 74. bunker problems leading to a bogey. very human for tiger.

bubba watson. not today