you're watching cbs 5 eyewitness news on the cw. do your job by letting the police do theirs. the scathing letter by oakland's fire chief. you can't do it, we can't do it, but our elected officials can. a loophole for the people who govern the rest of us. >> and dogs on the witness stand. see how these courthouse canines help convict the bad guys. good evening, i'm ken. >> and i'm dana king. first it was the police, now oakland's firefighters are taking shots at the mayor for the way that she is handling the occupy protest. this comes a day after a man was murdered just steps from the camp. linda yee is at the plaza with new details about a suspect in that shooting. linda. >> dana, police investigators are saying they believe the shooter who killed that man did

live here among the occupy protesters here on the plaza. that is a fact that is giving them more ammunition to shut down this camp. oakland officers walked through the tent city to hand out warning notices. camping is illegal. leave now peacefully, they urged, or face arrest. >> it's about the camp and then it's what their expectations are going forward. >> just their presence angered some of the protesters. >> it's an excuse for them to attack us later. >> one woman told us they have rules. a small group marched on broadway in defiant, no one was picking up stakes. >> what this is, the police are just acting on behalf of the chamber of corporate crime. >> the city is planning on clearing out the plaza next week. in an e-mail to the mayor, the

president of oakland firefighters union called the occupy campers 99% homeless and crazy people. and, he blasted the mayor saying she needs to allow police to do their job because the protesters have now taken over the city. last evening, shooting death of a man by the occupy camp has made the situation more critical. mayor gene quan met with ministers and released a dove for peace. she then asked them to help her negotiate with the occupiers. >> we are asking the campers to leave the plaza now and to leave peacefully. >> the police officers union has also taken an unusual step. putting out an open letter to the protesters telling them, you sent the world a strong message. now it's time to go home. >> this is my home now. i have to make sure my stuff is somewhere. this is all i own. this is my whole life.

>> i spoke with city council president, larry reid tonight. he did tell me he met with the mayor and the police chief for a couple hours to talk about those next steps. but dana, he would not share who those next steps would be. >> linda yee, thank you. a $10,000 reward is being offered for help in catching the suspect from yesterday's fatal shooting. the victim was a man who witnesses say had been staying at the plaza. linda confirmed that for us. the suspects, two african american males between 20 and 30 years old, one of them sported long dread locks. anyone with information should call oakland police. and if oakland decides to forcibly remove the encampment, police are worried about backup. agencies from surrounding cities say they are reluctant to send in police. send in help like they did the last time. that's because after street clashes, the city went ahead

and left the protesters set up camp all over again. but if need be, alameda county says it will help, but for a price. it will bill the city of oakland $1,000 a day per officer. >> you can have the sheriff deputies come down there and we will go down there if oakland asks us to. oakland will have to pay the freight on that. >> it has a duty to protect the city and it hopes to have help if another raid is necessary. >> richmond's mayor is being criticized for skipping a veteran's day event and attending an occupy richmond demonstration. many officials observed veteran's day aboard a world war ii cargo ship. the mayor's decision to take part in the demonstration was a slap in the face to veterans. the mayor defended her choice. >> freedom, liberty, justice,

equality for all? that's what this movement is all about. yes, we stand to the veterans who are suffering. >> the occupy rally was honoring an iraq war veteran who was injured while protesting with occupy oakland. she has participated in richmond's two previous occupy rallies. >> members of congress can make a ton of money in the stock market in a way that you and i cannot. in fact, if we did it, we would go to jail. sharon chin on the 60 minutes investigation that is putting former house speaker, nancy pelosi on the defensive. >> martha stewart got in trouble for lying about it and you and i could go to jail for it. insider trading. but members of congress can do it. make profits on information only they know and it is perfectly legal. former congressman, brian barrett. >> there should only be one thing in your mind when you are drafting legislation. is this good for the united states of america? that's it. if you are starting to say to

yourself, how is this going to affect my investment? you have a mixed agenda and a mixed purpose for being there. >> according to the 60 minutes report, nancy pelosi and her husband, paul, took an insider's opportunity to invest millions of dollars into the credit card company, visa. just as it was making its way through the house, the legislation made it to committee, but not to the floor. as speaker pelosi controlled what bills came to a vote. 60 minutes correspondent confronted pelosi during a news conference. >> did you consider that to be a conflict of interest? >> i don't know what your point is of your question. is there some point you want to make with that? >> i guess what i'm asking is, do you think it's all right for a speaker to accept a very preferential and favorable stock deal? >> but we didn't. >> spent several years trying to pass legislation to ban

insider trading in congress. he coauthored a bill called the stock act, but colleagues didn't want to pass a law against themselves. >> how far did you get? >> we didn't get anywhere. >> how many cosponsors did you get? >> we got six. >> six doesn't sound like a very big amount. >> it's not. you could have national cherry pie week and get 100 sponsors. >> still, members of congress get away with insider trading? because of a loophole. normally it's illegal when it violates the confidentiality of the source of the information. since the information source is the federal government, members of congress don't need to be confidential with the government so it's not liable for insider trading. >> interesting. sharon, thank you. meanwhile, president obama is putting pressure on the supercommittee to do its job. you remember the supercommittee, right? it was formed back in august as an answer to the budget

stalemate that would have left the u.s. unable to pay its bills. the panel has 12 days to cut more than a trillion dollars from the budget. nancy cor tis on what has and has not been accomplished. >> even as most of congress cleared out, members of the supercommittee kept working in search of an elusive compromise. months of face to face meetings between the six republicans and six democrats have produced some breakthroughs. >> republicans have made a major concession here. >> the republicans dropped their opposition to new tax revenue. their most recent proposal would raise $300 billion by eliminating some tax deductions. but it would also make the bush tax cut permanent, which would add $4 there will 4 trillion to the debt. >> it's a far cry from what anybody would consider a fair balance.

>> the members let go of their opposition to entitlement reform. their newest proposal would cut $400 billion from medicare and medicaid, but raise a trillion dollars in tax revenue, which republicans call excessive. >> what we still haven't seen from the democrats is a plan that deals with our structural debt crisis. >> the committee is trying to avoid the discord that infected this summer's debt negotiations. >> this process has become a joke. >> as the pressure mounts, so does their frustration with one another. >> you think you are at an impasse right now? >> still, xavier, a democrat from california says the two sides can close the gap. >> two weeks ago, we could still make the deal. i am an optimist that will do the right thing. >> he and his colleagues know his job will go beyond the debt. congress can still get things done.

nancy, cbs news, capitol hill. >> and there is a turning of the tide in the republican pool. technically, herman cain is still in the lead with 18% of republican voters. but a cbs news, "new york times" poll shows mitt romney and newt gaining with 15%. it's a drop for cain and a bump up for gingrich. a 12-year-old boy riding a skate board was tragically killed today after colliding with a garbage truck. police say he and an eight-year- old boy were riding one skate board down a hill when they slammed right into that truck. neighbors came out when they heard screaming. they say one boy was not responsive. the other was calling for his mom. >> she's on the ground and she is saying to the baby, stay with me, stay with me. the only thing i could do was cry. >> the 12-year-old died at kaiser permanente. the 8-year-old was air lifted to children's hospital. his condition serious tonight.

the truck driver did swerve in hopes of avoiding the kids. he had to be taken to the hospital to be treated for stress. not clear if he will face any charges. given the state of things doctors say it only makes sense. the test for adults that is now being recommended for kids. she's the bay area baby who will go into the history books. the very long road her mom took to get her here. did you get caught in the rain today? we had plenty of rain around the bay area. in fact, up to .8. i'll pinpoint that location and it 49er forecast as eyewitness news continues. he survived a murder attack, but when michael faced his attacker, this is what got him through. why one lawyer says the courthouse is no place for canines. coming up next.

that's why many bay area courts for the victim of a violent crime, taking the witness stand could be terrifying. many are offering support from four legged friends. grace lee shows us how dogs are helping victims face their difficult memories. >> he's very popular. >> want to get inside a courthouse? then you go through security. it is no different for reggie, even if he is a poodle. >> he comes right behind here and waits for his treat. >> paws up, good boy. >> good job. >> reggie knows lots of tricks, he is here to work. >> all right buddy, let's go. >> he's one of a small, but growing number of courthouse

dogs. canines who provide comfort to sexual assault and domestic abuse victims. children and adults. in california, marin, san diego counties have adopted dogs into their justice system. and nationwide, you can find them in jurisdictions in ten other states. victim advocates like reggie's handler believe that they are very affective. >> he will be minding his own business and someone will start crying or be upset and he'll press his body up against them. kind of lean on them. it seems like he does know. >> christian gave us a demonstration. reggie usually sits in the audience with victims and while it is rare, he has been on the witness stand. >> i think for a lot of people, it's horrifying when we talk to people beforehand and try to prepare them emotionally to come and face their abuser. some people are just horribly scared and frightened. >> reggie. >> certainly helped the family

of sacramento. this is the first time precious and her son, michael, have seen reggie since the dog helped them convict mindang in 2009. he shot michael in the head and nearly killed him. michael, still remembers the night of the attack. >> over here. in the back over here. >> his mother says as traumatic as that night was, spacing michael's shooting in the courtroom was almost as difficult. g it felt like your son's life has no value to other individuals. it was nerve racking and heartbreaking. we had reggie. i pet him so much. it was just so soothing. >> it's not so easy to get reggie on the witness stand. the prosecution has to file. the judge decides on a case by case basis whether he or she

will allow it. >> the problem is how it could affect the defendant. that's why criminal defense attorney, ted believes dogs have no place in the courtroom. >> what do you think a dog conveys to the jury? >> loyalty and friendship and openness and innocence. so that this is not the sort of person who would be lying to you. >> the affect of a dog on a jury cannot be measured, but he has no doubt it will buy us a jury. >> will it help somebody tell the truth or lie or will it help them be comfortable in their confusion? no scientific proof. >> but this is not about science. >> having him there is the component of comfort for me. that was a god send as far as i'm concerned. >> in sacramento, grace lee, cbs 5. new federal guidelines suggest that all americans, even young children should have their cholesterol levels

checked. americans are getting fatter and are increasing evidence shows that weight related illnesses, such as heart disease, have their roots in childhood. the government study suggests that all children should have their cholesterol checked at least once between the ages of 9 and 11 and again between 17 and 21. we are getting our weather checked tonight. that's for sure. we had rain earlier today. anymore coming? >> we have rain outside. we are firing up our radar and we are going to zoom on in so we can show you where we currently have. you can see that most of the area is beginning to clear out. but as i track in, you can see that we have the precipitation. the specks of yellow. it's more moderate rain. and then across the bay bridge, we have rain right there. you can see it over in berkeley. now all this precipitation is now beginning to tally up. take a look at some of the rain

fall totals. santa cruz actually has seen over 3/4 of an inch of rain. but santa rosa over .3. oakland not bad. over a quarter of an inch. small craft advisory allowed to expire. meanwhile, your friday night, current air temperature in the upper 40s and throughout the valley. otherwise, 50s are common in and around the bay area at this hour. overnight tonight, we'll bottom out between 39 to 49 in mountain view as this cold front swings through the bay area. rain will begin to dispate. just lingering threat of an early morning shower. otherwise, becoming partly cloudy. very impressive area of low pressure banging up against southern california now. taking copious amounts of precipitation. as far as we are concerned, you have your future cast and the rain is dispating very rapidly. we will have actually a decent looking autumn day. now, as far as your temperatures are concerned, we

will top off pretty much in the 60s across the board. up to 70 degrees. the extended forecast does call for 70 degrees easily by about tuesday and wednesday. that's your extended forecast. we'll return right after this. at bank of america, we're lending and investing in the people and communities who call the bay area home. from funding that helped a local entrepreneur start a business...

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born at 11:11 this morning. a san jose father says he's going it be playing the lottery after his daughter was born at 11:11 this morning. tanya's water broke before midnight, but for some reason, the epidural didn't work. as they closed in on the magic moment, everybody was checking the time except for tanya. >> honestly, i didn't think she was going to come out at 11/11. oh my gosh, she came out at 11/11. >> push, push, push. stop, and we would all look at the clock. and then we would time it. okay, wait. okay go, go, go. >> oh, and there she is.

isabella reyes. she weighed in at 7-pounds 13- ounces. she's as pretty as her mom. >> amazing. a big block party tonight on the peninsula to celebrate what they call nerd new year. it is in honor of what we have been talking about. the 11's in today's date and the $11 donation that goes to 11 different charities. elizabeth cook is in redwood city where it's not your average block party. elizabeth. >> no, certainly not. as you can see, the party is really getting started here at nerd. let me step out of the way. now, they are getting ready for the count down to 11/11/11. it means a lot to mathematicians. 11 hours to raise money for 11 charities on 11/11/11. i know you might wonder, you would go to an event called nerd new year. you may be surprised by who we

met. >> every time i got an empty box or any kind of box, i would turn it into something new. >> seven-year-old valerie was born to build. >> and when i heard about making robots, i was like, i really want to make a robot. i love building stuff. >> so she brought her skills to the first ever robot hackathon and created catzilla. part of nerd new years. started the event and hopes it becomes a tradition. >> if you're a nerd, you should be proud of it. the fact that we picked the same day as veteran's day, even better. >> valerie loves the idea, but isn't too crazy about the name. >> i do not consider myself as a nerd. >> and ken, you know, we're less than an hour away from the official countdown to 11/11/11. you know, there is a tradition.

at 11/11/11, you are supposed to make a wish. >> nerd new year, 11 letters. >> wow. >> something is going on here. kind of weird. >> kind of nerdy. >> absolutely. elizabeth cook, thank you. tiger woods tries to stay on top of the leader board at the australian open and the number one team in the country begins their season on a ship. the minute is next. ,,,, [ man ] i got this citi thank you card

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[ male announcer ] write your story with the citi thankyou premier card, with no point caps, and points that don't expire. get started at thankyoucard.citi.com. to win their the nba lockout continues, but there still is a the basketball season. cal beat uc irvine to win their season opener. mark, start the clock. the cardinals tipping off their

season in austin. necca is out with an injury, but they still have their younger sister who led the way with 16 points. freshman, amber orange is going to be an exciting player to watch. she had 14 off the bench. stanford beats texas 72-59. 7,000 fans aboard the uss carl vincent, including president obama and the first lady. they all watch john henn sen and north carolina beat michigan state. 67-55. tiger woods began the day with a one stroke lead. six strokes back after shooting a 75. john is the new leader at 12 under. and the phillies have agreed to a four-year, $50 million deal with jonathan. it would be the largest contract ever for a reliever during his seven seasons in boston. he became the red sox all time leader. >> a big contract.

>> that's a huge one. >> tiger has a couple of days. >> oh boy. the president's cup next week. >> see you at 11:00.