retail sales numbers came in up for the month of november although lower- than-expected. >>darya: @ temperatures frost this morning. a cold morning if if if not bottle went from 32 to 27 or 38. >> freezing fog for a lot of people which can be dangerous, especially if you have some road surfaces below freezing. once the freezing fog comes in with cool water droplets, it will freeze. there is a threat of black eyes, so be careful. varity in santa rosa, 31 in napa, 37 in fairfield. it is freezing in the livermore valley. it is 12 degrees

colder air right now over yesterday. it is bitterly cold out there. you will feel that the date you step out the door. for take a look at the visibility. their red is visibility under a quarter of a mile. yellow is under 1 mi. visibility. almost the entire stretch of 101 all the way it has petaluma, this is actually an improvement. we have widespread, a quarter mile or less visibility. the surface streets and valley

areas will be called. give yourself extra time. for this afternoon will be ok for. upper 50s and 60s across the east bay in the south bay. mountain view will be our warm spot otherwise oakland, hayward and fremont, 50 view, 59 in san as they carry if i will leave you with a wide view of the pacific. we are watching and waiting for another system to slide our way. fifth we will update you more coming up in just a little bit.

>>erica: traffic conditions are slowing around the bay area. we have seen a slight backup from the 880 over crossings. the metering lights were cycled on a tad bit early. we are still clocking a drive under 15 minutes. on the san mateo bridge, there are no problems to contend with. there are no major delays to speak staff for. fear golden gate bridge ride southbound 101 for king san francisco, clear conditions on the deaf. for fans clouds along the entire stretch of 101 dflp if potential hot spot, northbound 101 towards the 87 interchange. slow end

of conditions coming out of the coyote valley expect delays for entire searches of 101. if you want to avoid the backup, you can use an alternate route. >>justine: former penn state football coach gerry sandusky waved his pretrial hearing. this decision moves sandusky towards age while on his child sex abuse charges. his lawyer says it is not an admission of guilt and that he will not negotiate a plea deal. >> we spoke with him for a lengthy period of time. in fairness, we're being told something else. one at a time at/of with for fan

>>justine: sandusky spoke to reporters very briefly >> we are waiting for an opportunity to present our side. >>justine: sandusky said that he would present his side of the story later. he is under house arrest and that is when he will have his next court appearance. >>darya: michael or does it is on the line to give us more insight. why would you want to waive the preliminary hearing? they say it is not an admission of guilt >> keith and-a preliminary

hearing is simply a suspicion of guilt. it is not beyond a reasonable doubt. could they are thinking is, if they want to give preliminary hearing for, if more evidence comes out of more crimes, the judge can add accounts to the already 50 that they already have. in other words, if a person goes into a preliminary hearing and is only facing one count and evidence comes in and, a judge can say, let's add those. at this point the judge and the d.a. cannot do that. will only be facing 15 counts for if for another reason would be the motion of this. these are very

volatile charges. if you were to talk to anyone in pennsylvania, they have already convicted sandusky. they're trying to blunt the motion of this, they're waiting for the trial. >> it seemed like a surprise move, but it should have. half >> it is not unusual cuneiform it happens more often than we would things. what is unusual that they waited until the last minute to tell us. usually the prosecutor will say we're going to leave our preliminary hearing. keep in mind, the prosecutor has to agree to it as well. if fog

for both sides had to agree to. kaf >> if fog faugh >> you cannot win for losing. one mother said this is more todd abuse to have her child have to go through the preliminary hearing. >>darya: is there going to be a dad or until the trial?

>> there is not one in place right now but if the young men go out, the defense will go to the judge and asked for a gag order. that will make a lot of sense because you want to try this in a court room and not in the press. >>darya: there is a lot of time between now and the trial and the media trying to get interviews. it is going to be difficult to find, i imagine, it will be difficult to find a jury. fifth >> a very difficult. the other thing that the defense has to worry about is what some of us call stop jurors

who want to sit on the jury jurors are not always fourth right. they have to be very careful. you can imagine with all the publicity and volatile charges, most people think he is guilty already. that is why i say he will have a tough road. keep in mind, there are 10 kids were going to become a

and saying basically the same thing. >>mark: jerry sandusky has waived his preliminary hearing. the case is now going to trial. >>darya: we are back with more in a couple of minutes. here is a live shot of san francisco showing a little bit of haze and frost on your windshield.

>>darya: a man is in critical condition after being shot several times in and in and out for a parking lot in the tunnel. this morning, police are searching for the gunman. fennel police are searching for clues and evidence inside of this dark colored nissan altman. they say the motive could have been drug- related. >>mark: occupy oakland protesters are claiming victory after shutting down the port of oakland yesterday. this was all a part of shutdowns that were planned up and down the west coast. about 150 workers were sent home. >>darya: we are back with more in a couple of minutes with more news weather and

traffic. they give for letting us wikiup this tuesday morning. here is a little bit of a cloudy shot in san francisco. the big story is how cold it is. we will be right back.

>>mark: freezing temperatures for the inland valleys. jackie sissel is live in center felt.

>>jackie: it is actually below freezing in downtown san rafael. it is 20 degrees out here this morning. the temperature has dropped a few degrees in the last 15- 20 minutes. it is clear and cold. the year is a very still. if your coming down here, definitely pack your gloves. >>mark: a cold morning in the fog to boot. james fletcher has more. >>james: here is the view from the mt. tam cam. there is a general haziness. in early morning fog that we expect to start burning off now that the sun has arisen. it is still cold as jackie is talking about. for the upper 50s by this afternoon. flinty of sunshine into the overnight. we're looking for another

cold start tomorrow, similar to what we are seeing right now. 30 degrees in santa rosa. right now it is cold no matter where you are. a quarter mile visibility or less along 101. nobody is dense with fog at the moment. under a half mile visibility. careful as you go this morning. upper 50s will be the trend today warming to near 60 in the

south bay and still looking at mid-upper 50s in the east bay locations. we are looking for a lot of sunshine but things change as we head into thursday. by thursday expect a system that should bring us light rain. the north bay and peninsula will see showers with moderate rainfall. 1:00 p.m., the north bay and some portions of the east bay, things will move on rather quickly. the first half of

thursday may be a light rain and in the second half we start to dry out. friday and saturday it looks very gate the overnight lows will continue to be cold. >>erica: the drive time is actually 10 minutes behind schedule. very slow conditions. allow yourself a lot of extra time. it looks

like traffic is a bit thinner compared to our last report. the golden gate bridge, southbound 101, there are no real delays to speak of. >>mark: california will find out today how much the state will cut from schools and universities. the department's latest forecast for the fiscal year will be released. that will determine how much preapproved cuts the state will make. the cuts include $100 million each while community college fees will increase in public school funding could be cut by 1.4 billion. that could cause layoffs and a shorter school year. the governor wants to

get some of that money back by increasing taxes on wealthy. a new poll says 60 percent of likely voters support the governor's plan. the governor wants to put this issue on the november 24th ballot. 42 percent of those surveyed oppose the tea party. >>darya: taking a latest look at decision 2012. republican presidential candidate newt gingrich has had a surprise rise in the poll and disrupted mitt romney slants, romney fought aggressively into thousand

eight in iowa but ended up losing. now, he has been forced to try and the real newt gingrich who is the leader nationally and statewide. during a town hall meeting last night, newt gingrich agreed with mitt romney on not giving president obama the ammunition to win the election. >> he said that it was very important that we do not weaken any of the people who have the potential to be barack obama. he would rather lose than engage in an outrageous tactics. for the first time in the campaign has become to turn in direction, i agree, what we are about is too important to be connected

to giving barack obama ammunition that he should not have. >>mark: a lot of something going on, cold temperatures in the sierra. the only so that we see in this year is being made on the ski runs. tran temperatures are very cold. south lake is currently at 10 degrees.

>>darya: here is a live look as the sun is up. it is a cold morning out there. here is a shot of san francisco. we are waiting for those temperatures to increase just a bit. we will be back with a full forecast ended the news in just a minute.

>>mark: we're keeping our eyes on wall street. the dow is up over 100 points. now up 90 points and rebounding from yesterday's losses. the dallas at 12,111. we had a rise in retail sales. >>darya: there are two men who planned to sue the school, they have hired gloria allred, the man to say that assistant coach bernie find molested them when there were children. he has denied those allegations. the u.s. attorney's office is investigating. the two men planned to appear with allred and a news conference later today in new york city. >>darya: freezing temperatures around the bay this morning. it is 32

degrees where jackie is. >>jackie: if you are coming down here, the best place to go to get coffee and make sure that you are packed up with your hood, a pair of gloves and an extra layer on top of that. >>darya: some good advice and so weak-judge until we see temperatures wretched up a little bit. >>james: i'd like that coffee idea. this is the view from the james lick freeway. there is a haziness out there. we have a foggy, hazy morning. it will burn off pretty quickly now that the son has been up. we're

looking for things to improve but it is still cold out there. we have patchy fog this afternoon. 50-60 degrees and then temperatures will drop down from tonight into tomorrow morning. we are still at or below freezing for much of the north bay from santa rosa to nevada. fairfield has our coldest temperatures. for most people we are seeing mid- upper '30's. in the next hour or so, the early morning sunshine will start to warm the south. it is 12 degrees colder and santa rosa compared to yesterday morning. the biggest numbers or to the north in the

east. the fog is also an issue for a lot of people primarily along the 101 corridor from santa of-touch from center fell to santa rosa. that is delineated in red. be careful as you're driving around this morning. it is cold and slightly foggy. upper 50s for most of the east and south bay. 62 is the expected high and mountain view. if you are in the east bay valleys, conditions are right around 50-59 degrees. the same forecast for santa rosa. off san francisco's downtown will be at about 56 degrees. here is your 7 day around the bay. we are looking for raindrops fall

thursday. nothing terribly widespread. it will only affect us in the morning hours. friday into the weekend looks fantastic. sunshine and temperatures on the rise as we work our way from the weekend into next week. let's get the latest on traffic with erica. >>erica: we do not have any hot spots. an easy ride around most of the bay area. the metering lights are still active. conditions are slow on the incline and across the upper deck. we have calmed down significantly in the westbound direction towards foster city. here is a live look at the golden gate bridge. southbound 101 is still pretty busy. you should definitely be cautious of the dense fog for portions of 101 and over to the traffic maps, we had

an earlier accident on 101 northbound before the 87 interchange. we did see some residual salon with speeds below 25 m.p.h.. fourth >>mark: u.s. officials say another drawn has crashed this morning. here is an image of the trunk. it was not armed into the crash did not cause any injuries. the cause of the crash is under investigation. offs officials from oran to say that the united states should apologize for invading their air space instead of asking for the aircraft to be returned. the drug was captured over the eastern part of the country. the president says

he wants is top secret aircraft back and has delivered a formal request. >>darya: in new details, ucsf has installed seat belts on its shuttle buses in the wake of a crash that killed a university psychiatrist. the crash happened on july 14th. even those seat belts are not required on shuttles like this, lap belts have been installed with a sign that says safety is michael. schedules on some shuttle routes have been changed to give drivers more time. >> here is a live look outside. we're checking out walnut creek with traffic near freezing.

>>darya: american drivers are spending more money on gas than we ever have before. that is according to the oil price information service. we spend more than 400 billion on gas. i feel like only i have spent that much. the previous record was spent--the highest record was set back in 2008. >>mark: and others stories we're watching, a federal judge in brooklyn is set to hear arguments on whether the federal government is acting constitutionally with the access for morning after pills. the government announced it would block the over-the-counter sales to girls under 17 but the judge is highly critical of the government's handling of the issue. just two years ago he ordered the fda to allow 17 year-old to obtain the medication.

>>darya: we are back with more in a couple of minutes and the world according to gary. we have a lot to talk about and sports. plus, we have more about the nfl, some coaches fired in how they are treating concussions and what before raider quarterback is doing right now. we're back with more in a couple of minutes.

>>darya: we are going to talk to gary radnich about the latest with the nba in the this qr is called deals. firstly said it was not going to work out with the hornets and then at the lakers. now, the clippers. will he go to the clippers? >>gary: i cannot tell you.

am i an expert? >>darya: yesterday you were. third >>darya: and now they are reworking the clippers steel. >>gary: as david stern, the commissioner, they own their hornets. if you're going to trade away your best player and your marketable player, they want the young guys to build the franchise. >>darya: i was reading about that. i did not know that is what they meant. >>gary: look at kron. when we were rebuilt, we were rebuilt with young talent. you do not get someone in there who is 75. you get da lin, j.r stone.

>>darya: we need it trading cards. >>gary: you get young players. the price is right, you build them back up, chris hall is the best player on that team. >>darya: they have resigned and the on trade. >>gary: quit showing off. >>darya: they are saying, you have done as a favor. now, we know that we can move on. jordan is a tall guys who is athletic. i do not think he is that much better than what they have. >>darya: let's move on to

the coaches that were fired. i am baffled. with the chiefs, you go from being coach of the year to being fired? >>gary: he is a pretty tough guy to deal with. we say all the time, if you're going to be a jackass, you better be a winning jazz. >>darya: and tony serrano? >>gary: is a funny thing,

not the except getting fired, but when you take the job, 90 percent of them know eventually what will happen. >>darya: it is not those days where they will stay forever and ever. if people do not buy what you are selling, what can you do? >>darya: how about this former raiders player and his downfall. todd marinovich. now, with the espn special, it has really fuelled his art sales. he says it is a big part of his staying sober. he sounds like he is really on the way out.

>>gary: i hope that is it. i have heard that before from him. his mother started working him out six days a week when he was aged six or seven, throwing the football, doing all of these colleges drills. sphere he said if he did not play hard enough for work hard enough, his father made him run behind car for 2 mi. to get home. that is one of those deals, when you watch him, it will make you think twice about pushing your kids. >>darya: he did great but then spiraled out of control. he was maybe lacking in other areas. thank you was the raiders

quarterback for a couple of years. sphere if he is coming back, good for him. >>darya: do you believe that tim tebow is not dating? >>gary: lindsay bonn and tivo? >>darya: she is denying it, but it is all over the place. >>gary: they are both

single. why not? is that in this thing? that someone is older and it gets the young guy? everytime i think about jennifer lopez >>darya: everyone is doing it. >>darya: i do not think the guys are trading in for the young girl model anymore. 40 is the new 30. >>gary: do whatever makes you happy, but speaking from experience, the thin older guy wants to go home, sit down and relax. an older guy wants to dance on the ceiling.

>>darya: these older women can support themselves. by the way, she is only three years older than him. >>darya: 7:52 a.m., we will be right back. so if if

>>darya: investigators to not believe the public is in any danger. occupy oakland protesters are claiming victory after shutting down for a oakland for a second time in less than two months. this is a video from yesterday afternoon. shipping companies and of the longshoremen's union agreed to send all 150 workers essentially halted operations. >>mark: we will be right back as the kron4 news continues. here is a live look from our roof camera in san francisco furious fa.

>>darya: at 10:00 a.m.. here is a live look from the mt. tam cam. you can see some of the high clouds. we have sunshine but it is not doing its job today. we're looking at frigid, freezing temperatures. >>mark: at least four people are dead in the city of liege. a man armed with hand grenades and guns opened fire in the center of the city around 3:30 a.m.. it is still unclear how the attacker died or what the motive was. at least 75 people were wounded including a two year-old girl.

>>darya: 11:00 a.m., we're back with more in a couple of minutes. here is a live look outside. conditions on the san mateo bridge are nice and sunny. s

>>mark: c 2:00 p.m. we're this is a view of mt. tam looking back over san

francisco. it is cold this morning. the north bay fog is still a persistent problem with temperatures in the 40's and '30's. plenty of sunshine. temperatures will be in the upper 50s, possibly 60 degrees in a few spots scanned this evening temperatures will drop down to the '40's and '30's. another cold night overnight. fremont in the upper '30's, san jose pushing closer to 40 degrees. livermore had been at 30 degrees. the north bay, a santa rosa is still chilly at 29 degrees. a 10 degree difference as you get down to nevada. we are starting to see some warming. we're dealing with really cold temperatures and persistent fog that will not go away. a quarter mile visibility and a half mile visibility in the areas

indicated in red, orange and yellow. as for temperatures this afternoon, we will get some decent warming and we are well on our way to seeing temperatures like this. this is what we are watching on the satellite. thursday we will get a little system, a little reminder that could give us showers for the early morning thursday. most of

the morning it will not dissipate until one-2:00 p.m. in the afternoon. friday and saturday we're looking good. plenty of sunshine and mild temperatures. we could use more rain now that we are into the middle of december. let's get the latest on traffic with erica. >>erica: it is not too bad of a ride around the bay area. it has been a pretty decent morning. the backup has dissipated at the approach to the bay bridge. it is not a hot spot by any stretch of the imagination. traffic is not too bad. speeds have picked up on the incline and across the upper deck. the san mateo bridge has been problem free. we

have not seen an increase in volume. a check on the traffic clogs shows that we do not have any accidents or stalls to report. we are good to go through the toll plaza and closer to the high rise this morning. here is a look at the golden gate bridge southbound 101. a lot of space between cars. we're quickly turning our attention to the traffic maps to show you conditions on the peninsula. we are seeking a backup in both directions of the bayshore freeway at the interchange. speeds are below 25 mi. per hour. in the southbound direction, we continue to see slow and go conditions closer to redwood city. speeds are down to just 17 mi. per hour. avoid the backups by using to 82. we have been problem free throughout the morning. >>mark: people in california are finding out today how much the state will cut off

that will determine how my g-force of the preapproved has the state will make. it could include $100 million to community systems and public school funding across the state could be cut by 1.4 billion. that will likely prompt layoffs in to the shortening of this four year period the governor is trying to get back some of that money with a proposal to increase taxes among the wealthy and raised the statewide tax. that money would then go back to education. in a new poll by the public policy institute, sphere voters support the governor's plan and he wants to put it on the ballot. 46 percent of

people in california support the movement. >>darya: here is a look at decision 2012. ms. gingrich has had a surprise rise in the polls. mitt romney fought aggressively in 2008 and 2009 but ended up losing. now he has been forced to try to do real newt gingrich who is the leader nationally and statewide. during a town hall meetings last night, newt gingrich agreed with mitt romney about not giving president obama any ammunition to win the election. >> he said that it was important fact that we do not he would rather lose

than engage in outrageous attacks. in the last week or so as i have become the front runner, the campaign has started to really degenerate. what we are about is too important to begin anyone who could defeat barack obama. >>darya: the iowa caucuses are january 3rd. >>mark: another military drawn has crashed. here is a picture of the aircraft. the drone was not armed to. the u.s. has been using these drones to target like haida militants in somalia. the cause of the crash is under investigation. the president

says the u.s. wants this top-secret stealth aircraft back and has delivered a formal request for the return of the surveillance drown. >>darya: we will be back in a couple of minutes giving you the news, weather and traffic. it is a cold one out there. bundle up. make your kids wear a hat. here is a live shot looking at the traffic backups. traffic is nice and polite. we do have some sunshine and it is called and said francisco. new year's eve is a round the corner. what are you doing? we have a special

new year's eve night we will be right back.

>>darya: the big story in the bay area is how cold it is. in tahoe, the big story is how dry it is. the league should be covered with snow but it is not. >>mark: let's talk about wall street. coming up we will talk about what is open and what is not. right now, we're watching wall street. the dow was up 100 points and then comments from the german chancellor saying that she is rejecting increasing the european bailout funds is weighing on the markets again. we are still up 48 points right

now. >>mark: there is or that some people are delaying christmas this year. shoppers were asked if they planned to wait until january to devote of their shopping. six percent said they would. after christmas retailers offered big discounts on a wide variety of items. >>darya: 8:26 a.m., we're back with more in a couple of minutes. here is a peak on 880 that traffic is going westbound. his a little bit slow. a lot of sunshine in it is cold out. we will be right back.

>>mark: we are keeping our eyes on bay area weather.

watch the current temperatures, still very cold, below freezing. >>darya: one of those cold spots is in san rafael. jackie sissel has been live all day this morning. did temperatures ever get below freezing? >>jackie: yes. it was 28 degrees at 6:30 a.m.. i do not know if it got lower than that it was definitely below freezing. as i hand over to the thermometer, it is still freezing. this is a beautiful morning, darya. if you look outside of your window, you might think it is once again absolutely the full morning. it is, but it is 63 cold morning. one of the coldest and since we have seen so far. for call back down the town's center

fell, definitely bundle of four of cold weather. >>james: mountain view could come in at 62 degrees. sad lesson we had a letter of state, nevada had 39. we are now back down to freezing serious across the east bay, we are still seeing freezing conditions. a chilly start this morning curious widespread 30s this morning. as xi cold across the north bay periods we have a very dense fog around nevada but it is shrinking. the last time we shall be the areas in color with a little bit

better. where is fronting for vern off. that is what things will look like tune as you are on the road. caught earlier-shot showed 680 to the san ramon valley, you could see hays in the difference. now, onto our highs this afternoon 50 if flickr looking for a genuinely upper 50s. unable warmer in the south. mid- upper philip 50s through the valley. for roof for 58 and other unpleasant to hear it across the north, slightly cooler. 56 this afternoon in san are felt. 59 in santa

rosa. we're almost in the middle of december and we are still talking about dry and mild weather. future cast 4 is set at 7:00 a.m.. as we advance the flock, it slides down slightly still a light side tariffs if for >>james: friday-sunday, dry and mild weather. there is still no a pre--there is still no appreciable rain in the forecast.

>>erica: on the approach to the bay bridge, we're starting to see the end of the back up.we are accident free. traffic is good at the toll plaza, no delays on the nimitz. you do have to contend with some pretty dense fog in the north bay. as we look at the traffic maps to show you what is happening in the east bay, we are still contending with

sluggish conditions out of antioch towards its board. the speeds average 30 mi. per hour. southbound 680 approaching walnut creek, we are now seeing more yellow. westbound 24 is currently problem free. >> jerry's and testing is at home right now, he waved his hearing. afterward, the lawyer for the first victim talk about what this means for the other victims. >> you can imagine, this is terrific for my client and the other victims who now do not have to relive the

horrors that they experienced on the witness stand and. they have achieved the same result as they would have if they had to testify. >>justine: and jerry sandusky's said he will fight to all four corners. >>mark: in a developing story out of control, the search continues for a man who was shot outside out in in-n-out berger after 5:00 p.m.. if so will tran has details. >>will: you can see the police markings on the ground. he is at the hospital in critical condition. the police suspect that the two might have known one another. they believe the motive is drug related. here is a live look

from the sierra, not much in the way of snow on the ground. a cold morning.

how is the snow? > >it is snowing every night at heavenly, we have a s now making machine.

any special deal? > > a lot of buy one stay

one. we have some great events starting on the 19th, an ice sculptor,concerts, a lot for the family. > >darya: we are back with more in a couple of minutes.

>>darya: it could be a white christmas in southern california. check out the mountains in los angeles county. it is snowing. driving conditions are slushy. they say the should really take it easy on the roads. we are way behind the normal rainfall. so far this season in san francisco, 3 27 in. of rain, normal for us is more than 6 in..

>>mark: a really mild forecast or the next couple weeks. >>james: here is our roof camera looking back over the bay, you can see the transamerica building. general uneasiness over the city right now. that has been the story all morning long. some sports in the upper 50's and then back down to freezing overnight.

>>james: our temperatures the the astronauts and, it is december 13th and we are looking at upper 50s. 58 for oakland, hayward and fremont. 59 in san jose. mid-upper 50s felt most of the east bay. even half moon bay will be in the '50s. we're looking for mid-upper 50s across the north bay. in general, that is the forecast. we had a similar

forecast yesterday and we will have a similar forecast tamara as well. the north bay and peninsula will have struggles for the first half of thursday. friday-sunday and into next week, plenty of sunshine and mild temperatures. >>erica: i am going to call the ride along the bayshore freeway as a hot spot. we had a couple of minor accidents earlier in the hour. one at will, the other university. for no longer blocking the traffic lanes. traffic is extremely slow at the 84-1 01 interchange. speeds have dropped down to 7 mi. per hour. nothing obstructing the traffic lanes but it is be very sluggish fax all the way over to the mountain view. avoided altogether by using

to 80. at the approach to the bay bridge, where no longer tracking any backups. the san mateo bridge ride is looking good in both directions of highway 92, 16 minutes from end to end. southbound 101 shows traffic flowing freely with no major delays or accidents to speak up for your ride out of the north bay. checking in on public transit, it looks like we are good to go for ac transit, bart and caltrain. >>mark: this year alone, americans have spent more than $400 billion on gasoline. the previous record was set back in 2008. today, the bay area told authorities said to unveil design options for a bike path on the questions ban of the bay bridge. you are looking at a picture of what that pathe could look

like. that will include eight bypass that will connect yerba buena island. despite the designs, actual construction is a way off. >>darya: new details as ucsf has installed seat belts on their buses in the wake of a crash that killed university psychiatrist. it happened on octavia boulevard and a street on july 14th. even those seat belts are not required, lap belts have been installed.

>>darya: last week the government announced that it would block the over-the- counter sale of the morning after pill to girls under the age of 17. the judge was critical of the government's handling of the issue. >>mark: amazon is now offering updates to six complaints about the kindle fire tablet. it has been emerging as the most popular tablet says the ipad. it will give users control over displaying recent frauds in history. >>darya: we're back with more in a couple of minutes. here is a live look at the james lick. plenty of sunshine, but it is chilly out there. we will be right back. and of

>>mark: we are keeping our eyes on wall street. the dow jones is up over 100. the german and chancellor opposes increasing the size of the european bailout. the dow is now at 4078. >>darya: here is a look at the 7 day around the day forecast. we have a little bit of fog and freezing temperatures to start out each morning. we are looking at a chance of light rain on thursday as well but we are locked into the cold temperatures not really getting out of the mid-upper 50s. >>darya: items used to belong to elizabeth taylor are on the auction block,

pieces from her stunning story collection including hearings that she wore to the academy awards when she won best actress in her wedding bands and gifts from michael jackson, it is estimated that it is $30 million worth. >>mark: a diamond to the size of a cherry and seven of her wedding dresses. >>darya: 8:56 a.m., we will be right back. it's it's

>>mark: a year during as on this tuesday morning. a live look outside from sentences

go. james fletcher has the latest on your forecast. we are seeing in temperatures well below freezing. they had been earlier. we are not messing around with these temperatures. here is what we are expecting weather wise for the rest of the week. mild and dry today. shattered scours for thursday and we will hold on to the mild and dry weather pattern for friday, saturday and sunday. 29 currently in santa rosa, for eating in a bottle. san francisco,

redwood city and a mountain view in the '40's. everyone else is seeing mid-upper forties. the good news is the fog is beginning to burn off. visibility is down to a quarter mile. in general haziness the-to burn off before too much longer. we will start to see temperatures get more in line come this afternoon. upper 50s across most of the east bay and well down into the south bay. the nimitz freeway and 80 from oakland to fremont, 58. and the south bay, 59-60 degrees. in the inland valleys to the east we have 57 for

livermore, 56 in antioch and slightly warmer through the san ramon valley. as the head down towards alamo, san ramon and pleasanton, temperatures in the upper 50s. across the north bay, a 59 for santa rosa, 56 in san francisco, you get the idea. it is going to be a nice day. things change on thursday. we are looking and waiting for a system to slide down come thursday morning. >>darya: i am winding for a storm is right now. jackie sissel is very good about enduring what ever whether we put him in. it is gorgeous out there.

>>jackie: that is spoken like someone who works inside. it is dry this morning out here in downtown san felt. it is a beautiful morning it feels like it is a little warmer. >>darya: every degree matters when it is that cold. >>erica: we do have a couple

of hot spots to talk about. they are isolated to the peninsula. interstate 280 and highway 101 southbound, a lot of red and yellow indicating speeds as low as just 15 mi. per hour. we did have a couple of accidents on the freeways, they are long gone from the traffic lanes. very sluggish conditions. add an extra 15 minutes your usual right. the good news is on the bridges, there are no problems to report. traffic is moving well from all the approaches at the limit and closer towards san francisco. the san mateo bridge ride is looking good in both directions. with our problem free and accident free as you approach stanford's is good this morning. >>justine: we have new information on the sex abuse scandal in syracuse the

first the latest out of penn state as the sex abuse case against sandusky will now go to trial. here are sketches of sandusky as he sat before a judge this morning to see if the state had enough evidence to prosecute him. about four minutes into the court hearing, he decided to waive his right to a pretrial hearing. his trial will now start in january. this morning legal analysts spoke live with kron4 about why sandusky and his attorney made this decision. >> it is not an unusual move. what is unusual is that they waited until the last minute. normally you'd do that at a time. keep in mind, the prosecutor has to agree to that both sides had to agree. the prosecution is thinking, which are not

going to put these young men and through testimony. testimony is a very emotionally draining. the two men who say they were sexually abused by the assistant basketball coach at syracuse university are now announcing that they planned to sue the school. the two men have hired gloria allred to handle their case. the men say that assisting coach bernie 5 molested them when they were children. he has denied the allegations and lost his job because of this. the two men planned to appear with allred added news conference in new york later on today. here is the scene from yesterday afternoon were hundreds of protesters

marched down to the fort in an effort to shut down for oakland. we saw a similar scenes in at ports all up and down the west coast. about 150 workers were sent home essentially halted operations. >>darya: we're back with more in a couple of minutes. here is a live look outside at all of the sunshine in san francisco and the cold weather we have been focusing on. right now is just 29 degrees in santa rosa. everyone else is struggling in at the low 30's. it is warming up to 38 in napa, we will be right back.

>>mark: a clean and middle school teacher is in jail, a 41 year-old math and science teacher was arrested last week forcing the school to

talk to students and parents about what happened and what they plan to do to move forward. will tran is at the school with reaction from parents. >>will: it is the talk of school and home between parents and their kids. >> i am always surprised when i hear something like this. i did not really know the teacher. i did not suspect anything like this. that is why it is important to tell your kids to be aware. tell your parents, if you notice anything that is strange or not right you have to be sure you tell someone. >> is that what you tell your children? >> absolutely. >>will: administrators jumped into action telling students what happened in having an emergency meeting with parents on monday night. parents say they appreciate the schools swift response. >> i went home, there was a message on my phone. we

received something yesterday that came home with my child. they were all over it. >>will: prosecutors are reviewing the case and could charge them sometime this week. >>darya: we are back with more in a couple of minutes. here is a live look outside as we continue to follow the weather on this cold tuesday morning. temperatures are the story, not the precipitation. we have no rain and no snow.

>>mark: another drone has crashed. the west's military and the government are working to remove the debris of the drug. the u.s. uses these drones to target al- qaeda militants. an investigation is underway into what caused the crash. officials from oran say the united states should apologize for invading their air space instead of asking for the return of the crash. the president says they want the top secret surveillance craft back although it is not hopeful that are wrong will comply. >>mark: we are we behind normal for bay area rainfall. so far in san francisco, 3.27 in. of rain. the normal is over 6

in.. santa rosa is a 4.27 in.. what a difference a year makes. james fletcher is watching for any chance of rain coming our way. >>james: the good news is we are starting to finally see the warming. cold and foggy has been the forecast. sunny and cool is what we are expecting. highs in the upper 50s. as we head over night, brace yourself for another cold overnight and another cold morning

tomorrow. temperatures, finally the warming has kicked in. we finally have more 40's on the map that we have 30's. fairfield was 27 earlier and now up to 41. san as they had been locked in at 39 for ever is now 43. the morning sunshine is beginning to take hold and will warm us up steadily towards the afternoon. the fog has also disappeared in the north bay. we have seen heavy pockets of fog that pushed visibility down to under a quarter of a mile. that is all gone, so is the general haziness that we saw in the east bay and along the peninsula. that is the good news. this afternoon highs will get into the upper 50s. the 4 degree

temperature spread pretty much encompasses the entire bay area. 58 in oakland and hayward. 59 in san jose. mountain view is a warm spot at 62. few even in the north bay we're looking at temperatures the mid-upper 50s. the mild weather will last for two days, today and tomorrow. thursday but will get energy diving down from the north fence that will bring a light rain. fact for friday-sunday it will be

dry and mild. >>erica: northbound 880, a new accident, a two car crash blocking one of the lanes. we have a lot of debris in the roadway there are stretches of red and yellow with speeds averaging just 15 mi. per hour. hopefully, you can make up for lost time. there are no metering lights. this san mateo bridge has been pretty smooth throughout the morning. the ride is just 15 minutes from end to end. the

golden gate bridge, we are no longer tracking any delays. >>darya: the toll authority is set to unveil design options for a bike path on the bay bridge. bicyclist had been calling for a bike lane so that they can ride all the way to san francisco. there rebuilt eastern portion of the bridge is expected to open in a few years and will include a bike path that will connect oakland to year but won a. the construction is likely a ways off since funding has not yet become available. >>mark: a republican presidential candidate newt gingrich has a disrupted mitt romney slants to lower expectations and i will. romney fought aggressively into thousand eight but ended up losing. now romney

is falling behind newt gingrich. during a town hall meeting last night did gingrich agreed with mitt romney on not giving president obama ammunition to win the election. >> he said that it was very important that we not begin any of the people who could defeat barack obama. he would rather lose the engage in outrageous attacks. for the first time the campaign seems to be degenerating. what we are about is to enforce it to weaken anyone that could defeat barack obama and to give up barack obama and the ammunition that he should not have.

>>darya: the state finance director will release the state's forecast for the year and how much in preapproved cuts that the state needs to make. those cuts include $100 million from the uc and csu system community college fees. public-school funding could be cut by up to $1.4 billion. that would prompt layoffs and a shorter school year. cuts will also be made to in homes for for seniors, child-care assistance, library grants and prisons. we are back with more in a couple of minutes. the countdown continues to 2012. haaziq

>>mark: we have the first sale of short-term bills for the european financial stability fund. they were able to sell to an 6 billion u.s. dollars worth of short- term bills. with the success of the bond sales this morning, a little investor confidence returning to europe. >>darya: we are back with more in a few minutes. here is a live look at the approach to the bay bridge. very few cars but a lot of sunshine. let's take a look at the current cold morning temperatures. for ...

>>mark: the man accused in the black friday shooting off will be arraigned in court today. the death of, was treated at a hospital and released. two other suspects are also in custody. if for the suspect was detained and released. >>darya: we are back with more in a couple of minutes. here is a live look, a beautiful shot from our mt. tam cam. we have a gorgeous sunshine out there and cold temperatures. unfortunately we do not have any rain or

snow although we could use it. we will be right back.

>>mark: a positive for the european bond sales leading the market's positive. >>darya: in belgium, a grenade attack has left at least four people dead. here is a video of the aftermath as emergency crews had to de seen. it happened at about 3:30 a.m. our time. it is unclear how the attacker died or what the motive was. the attacker did have a criminal record involving drugs, guns and sex offenses. 70 by people were wounded including a two year-old girl. we will be back with more in a couple of minutes. here is a live

look outside. this shows you the snowmaking that is going on. here is a live shot in heavenly. we will be right back. fan fog for

>>darya: we are focusing on whether in the bay area. it is cold and dry. in southern california they have still falling. here is this still in los angeles county. it is sticking. it is affecting the roadways. drivers are asked to take it easy in the loss angeles county area. we have been talking about our lack of snow and rain although you said there is a hint of rain on thursday? >>gary: it will not be much to do anything. this is

literally just a drop in the ocean in terms of what we should be seen. here is the view from our roof camera this morning. we are finally starting to see blue skies. cold temperatures and early morning fog dominated temperatures. sunny and cool this afternoon with highs in the upper 50s. the overnight lows will continue to be cold. right now we are above freezing. nevada at 37. most of the rest of the bay is in the '40's. san jose, a stand at 43 degrees. the fault has since disappeared. we are

not seen any dense fog as we saw before. what is left is general haziness. all in all, not bad. our eyes to this afternoon as we have been reporting are probably getting to the upper 50s. across the north bay mid- 50s we are watching the pacific. by thursday we expect light rain to begin to fall. here is a quick run through. we will get a

better idea as we get closer to thursday. the weekend is a looking pretty good. a lot of sunshine and mild temperatures. >>erica: i am still tracking your ride out of oakland. red and yellow is still persistent on the freeways. westbound 580 is developing into a bigger problem than we originally thought. right now the no. 4 lane is shut down. we could actually experience more lane closures on westbound 580. the red indicates speeds well below 25 mi. per hour. traffic is moving pretty well on the incline and across the upper deck. the san mateo bridge has been pretty quiet throughout the morning. no delays getting

to the bridge in either direction. the folded gate bridge, southbound 101, a frigate conditions. the drive is under 26 minutes out of novato. >>mark: >>darya: need details as ucsf has installed details on its shuttle buses in the wake of this crash that killed university psychiatrist. the shuttle crashed with a tractor- trailer in san francisco. even those seat belts are not required, lap belts have now been installed. schedules have been changed

to give drivers more time. >>mark: the governor has a proposal to increase taxes on will californians and raise state taxes to provide more money for k-of education. a new poll by the public policy institute finds that voters support the plan. the governor wants to put the issue on the november ballot for next year. 46 percent of people support the occupy movement and a 37% oppose it. 42 percent of people in california posted the party. >>darya: 9:50 a.m., we're back with more and a couple of minutes. we also want to remind you we have a new year's eve special. have a little fun with catherine heenan in the gary radnich.

we will be right back. for

>>mark: here is a last update on the weather. we have some haziness but it should burn off pretty quickly. here is a view of the forecast for the week ahead. we will wake up each morning to very cold temperatures, possibly freezing and patchy fog like this morning. scattered showers are in the mix for thursday. friday-sunday we are right back into the mild and dry forecast for the weekend. more weather and traffic coming death. fog >>mark: the dow jones is at

12,091. with the rough economy, some people are delaying christmas until the beginning of next year. the annual holiday survey finds for the first time thing fifth shoppers would wait until january to do the bulk of their christmas shopping, 6 percent of the more than 5000 respondents said they would wait until january. retell reports 5-- retailers offer heavy discounts on a wider variety of items and they do before christmas. >>darya: that is only 6%. >>darya: amazon is offering updates if you purchase one of the kindle fire tablets. it is the biggest rival to the ipad. amazon says

upgrade to the operating system will make it easier for you and presumably they will allow kindle fire owners to keep their activities private. if you are in the market for some fancy tools or maybe a wedding dress, elizabeth taylor's items are being auctioned off tonight. she has seven wedding dresses and a lot of jewelry. that stuff is being auctioned off. an estimated $37 million worth of stuff. >>mark: i heard there is a diamond at the size of a cherry. >>darya: that is it for this morning. tune in tomorrow morning. >>mark: dr. phil is coming up next.