this, is the longest the state has gone without a budget. we're going to talk with nannette miranda about the significance of this live in just a few moments. >> other news of the day. late today a san francisco jury found a hayward man guilty of killing a police officer in a crash. the jury decided 24-year-old steven petrilli was responsible for the death of the officer burkeo after the stolen car crashed into burkeo's stopped police car in 2006. vic lee joins with us more. vick? >> the defendant was convicted on all 10 counts, including murder, robbery, and evading a police officer. it was an emotional hearing which was attended by dozens of police officers and police brass. he broke down and cried after the verdict was read. he was 19 when the crime occurred, and july 26th, 2006, he and two others fled in a stolen car after a robbery on

bay shore boulevard. he led police on a car chase wound through the city, and highway 280. the van crashed into officer burkeo's patrol car. he was a police officer stationed at bay view station on the force five years. petrelli out on bail at the time. after the verdict the officer's father spoke to us. >> there are petrelli weing forrive you. you're just human. you make mistakes z your family, we bear no grudge or bitterness against also, you. >> and there would be a hearing on october 22, to set a date for sentencing. since this was a murder committed during a robbery, this is a special circumstances case which means he could get live without parole.

two other lefts -- defendants in the van will be tried later on, also for murder. >> all right, thank you very much. >> and the official clean up is underway in a san bruno neighborhood devastated by an explosion and fire. >> it's the start of a long, expensive process to begin begin. wayne freedman is live tonight. waib, -- wayne, there are heavy hearts and heavy equipment in the neighborhood. >> reporter: work has been careful. they've worked on three homes in the neighborhood. the area behind me here, you can see where it was going on this, will trance form the neighborhood from a disaster zone to an open field and to something new. >> in san bruno fire zone, heavy equipment rolled in and through barricades, start of a month-long $2 million project to clear away remnants of 35 burned home autos when you see

the site it will be a dirt lot. >> reporter: dean peterson runs department of environmental health saying so far, 25 homeowners signed waivers to begin work. more will probably follow. >> there is one less thing to worry about. >> dave lost his home, today, he was back to work running a family business. a quick stop. and he a supplier donating four cents to the relief fund. >> people need help. more help than i need. >> reporter: tonight marks the two-week anniversary of the fatal gas line explosion. >> i felt the heat through my car. i got out. it was just stunned. >> now, suzy fights back emotion when describing what the neighborhood has been through. >> every day, i think about it. it's affecting so many of us. >> so now, dirty work begins. phase two of a rebuild, but not restore. >> we have those memories of,

you know homes that were there. and how our neighborhood was before and this is not the same. will never be the same. >> and there had been concern about the air quality from all dust kicked in the air during this reconstruction. there are water trucks that will be keeping that dust down there. is concern about asbestos that may northbound homes. the county says it's not a serious concern. >> thank you very much. and the california public utilities commission ordered pg&e to pay for independent investigation into the san bruno explosion and fire. today's meeting started with a moment of silence in memory of jack lynn greg who worked for cpuc for more than 20 years, she and her daughter were killed in the explosion. today would been jackie's 45th birthday. a spokesman says the bottom line is that they wanted to do the right thing for their customers. >> we're fully prepared to

fund this independent panel cpuc passed which shareholders are funding. >> the cost of the blue ribbon panel is expected to reach about $2 million. members will be selected by the p.u.c. president and will be tasked with making recommendations on changes to repair and maintenance programs. >> we want to take you back to our developing story now. the break through tonight on long-overdue budget stalemate in sacramento. >> nannette miranda is live in sacramento. nannette, big 5, governor and two democrats and republicans have a framework for a deal but that is not an iron clad agreement. right? >> that is right. a framework just means general consensus on how to zero out $19 billion deficit. they won't give out details there is where you can be sure it's going to be a combination of cuts and maybe some way to shift revenue around and maybe

even some borrowing. and so, right now they're not really telling us what the general consensus is, how much is cut and how much is accounting gimmicks. that is what the staff will do this weekend. and they will come back monday in los angeles and as you know the love has been sick. meetings have been down there. they'll come back to see if leader as agree on what the staff has been talking about and has agreed today. and they come back monday, we're not sure the leaders will agree to details the staff agreed to. >> we have to get through this part. that doesn't guarantee it will get through legislature? >> right. the legislative year is over. everyone is back in districts. once the big 5 meet and come to an agreement, they'll call

lawmaker s back to sacramento and there is each house will vote on this compromise, and again, it's not a guarantee that it will pass. you know some members may be uncomfortable with details and cuts that they've agreed to at the top. >> so day 85, still counting. >> right. >> all right. thank you very much. >> republican gubernatorial candidate meg whitman took a long-awaited stand today, saying she'll vote against prop 23 suspending implementation of the state landmark green house gas reduction law until the state wide unemployment rate hits 5.3% for four years. whitman says prop 23 is too simple a solution fr a complex prob blem. she believes laws are hurting more than helping. >> i want to suspend ab 32 for

a year to see, can we change the implementation schedule so we don't hurt truckers and farmers? let's be smart and green. >> and women took a stand on propositions tofd. you can find that on our web site under see it on tv. >> democrat jerry brown highlighted his opposition by visiting one of the largest privately owned roofing and solar companies touring today, and talked about his 30 year record of supporting alternative energy forms. brown says california needs to reestablish its self as a leader in renewable energy. >> my plan is to create 500,000s jobs over 10 years by investing in 20,000 megawatts of solar this, is a very specific plan. it can work. and i guarantee if i'm the next governor we're going to make major progress in that plan.

>> there brown says meg whitman's decision is better late than infer but blasted the plan to delay implem taigs of new green house gas regulations. >> a campus attack has police warning students saying a female student was assaulted in a second floor of the parking garage just before 4:00. vimt says a man with a strong smell of cologne grabbed her sweat skmirt swung her into a wall while she was talking -- walking to her car. she was able to run to her car. security has now been increased on campus. >> oakland police are investigating a shootout that injured two people outside of a nightclub. this happened about 2:00 in the morning. bullets hit at least two cars and a nearby building and investigators say the whole thing may have started as a fight or robbery, then escalated into the shooting. the two victims were taken to

the hospital and this is not clear how serious their injuries are. >> this is a police sketch we want to you take a look of a man wanted for attacking a woman out jogging sunday on a popular tlail. this suspect tried to allegedly assault her after pushing her into an aqua duct. if you have any information, please call the jant clara county sheriff's department or the san jose police. >> and a lot more to bring you at 5:00. bicycle police out in force in one east bay city. >> also, mammograms may not be the life saver thought. and what is really saving women from breast cancer. >> i'm sandhya patel. today's warm up is just a taste of what is still to come. get ready for serious warm to

>> closed captioning brought to you by mancini sleepworld.

doctors say mammograms save lives but detecting breast cancer early. a study says those tests don't save as many lives as thought there. is debate again over routine mammograms. >> reporter: we're talking about this in the newsroom. it seems every few months there is a new study on breast cancer and mammograms. this study was done in norway. and says early detection is not the great life saver that people think it is. just as important today is the treatment even if the cancer was found later. carmen is getting a yearly mammogram today. >> it's a good way to get started and decide. yes. i just think they're necessary. >> data collected among 40,000 women in 50s and 60s in norway

found mammograms reduced the death rate only 10%. the research shows that a mammogram is not a magic bullet, and doesn't deserve all of the credit for reducing risk of death. modern treatment likely plays a greater role. dr. laura is a nationally thon breast surgeon. >> this is benefits become not as critical in the face of good treatment. it is less in the face of optimal treatment that. is all good news. >> so this is likely to once again, start debate over when, and how often women should get screenings. american cancer society says women should get screened every year starting at 40. joy is the director of the center for hnl care policy. and says women in their 40s should discuss witness their doctors. >> this is despending on risk

factors make that decision with her physician. starting age 50, she can get routine mammograms everyone to two years. >> norway's study points out awareness campaign that is another reason why fewer women are dying. >> if you find something abnormal or different go to see your physician f you have strong family history, discuss it. should you consider getting genetic test something. >> think about this. women with breast cancer in that study received treatment. and norway has a universal health care system meaning all women have more access to health care. it's not the case here in the united states. >> that is the debate here in the united states. and president obama making a strong appeal for middle east peace urging world leaders to

unite together for peace in the region. and calls on israelies and palestinians to come to an agreement. >> this holy land will remain a symbol of our differences instead of common humanity. i refuse to accept that future. well we all have a choice to make. each of us must choose the path of peace. >> there is the u.s. delegation walked out of mahmoud ahmadinejad's speech. he said some of the world speculated u.s. staged the september 11th attacks. to assure israel's survival. >> the uc berkeley graduate released from an iranian prison hopes to meet with mahmoud ahmadinejad this week while he's in new york this week. sarah shourd appeared nine days after being freed from that prison.

she spent nearly 14 months in solitary confinement. she and her friends were arrested while hiking near the border of iraq and iran. >> there is only one day i gave up. i just didn't get out of bed. didn't eat. just cried and didn't even, you know speak to guards. and i had to keep going for my mom. >> shourd was raised by a single mother and was able to see bower and fattal one hour per day. >> the berkeley police department is cracking down on cyclists ignoring their traffic rules. they issued 19 tickets in just two hours this afternoon. and there is police department trying to reduce the number of injuries on the streets, 129 cyclists have been injured so far this year. >> we're hoping to educate and enforce bicyclists riding

recklessly. we want people to slow down to look both ways. >> fines between 35s skpdz $200. and four have been killed in berkeley in the last 26 years, police say in all four accidents, the cyclist was at fault. >> if you had a chance to go outside it was. >> nice. >> and steamy. >> and you hear about dog days of summer? let's call it dog days of fall coming for the weekend. into early next week, temperatures close to triple digits. and really getting hot. outside if you don't like heat, i have a place for you. the beach. and we'll show you those temperatures in just a moment. there is a live picture from our east bay hills camera. and this could not be better in terms of visibility. it's clear outside. another live shot from our emeryville camera. you can see

sun out, no fog to speak of. you're not going see fog for a few days. let me show you temperatures now. it's nice outside. 60s along the coast. 70s and 80s around bayside and inland compared to 24 hours ago we're up 12 degrees in los gatos, fremont and concord. novato running 16 degrees warmer. san francisco up four. and it's only going to get warmer. heat builds over the weekend. there is hottest days sunday and monday. we're looking at warm beach weather ahead. sheer what is going to bring about heat we're expecting this ridge of high pressure is a strong ridge and as it takes hold we're going to see warmer air mass over the days here. we've seen the warming today. add to that warmer weather for the weekend. clear skies tonight. heading into tomorrow, and temperatures are going to come up a half dozen to a dozen degrees tomorrow. we're looking at 90s inland.

70s along the coastline. getting close to triple digits towards monday that. is when heat peaks. 100 well inland. we'll see 80s along the coastline. it's going to be a slow downward trend heading into the middle to latter part of the week. tonight we're going to go with milder readings. mostly 50s. jant rosa 48 degrees. clear night. clear morning. setting the stage for a warm afternoon. and 87 in san jose. 88 sarah to goa. los gatos 90 degrees. mountain view and if you really don't like the kind of heat we're coming up with, there is a place to go. pacifica. half moon day bai low to mid-70s. great beach weather. downtown 81 degrees. there is a warm day in san francisco. 79. north bay upper 80s for santa rosa and napa. 82 sausalito. east bay, you're looking at a pleasant day.

all 80s, 84 in oakland and newark. low 90s for you. below normal to coming up above normal. 90 in danville. 91 in livermore. monterey bay, 85 degrees in santa cruz. here is the accu-weather forecast. warm for first full week of fall. low to mid-90s heading into friday, saturday, time period. take a look at hottest days. 96, 98 inland. coast side mid to upper 70s, fog returning in patches saturday. really not going to come back until late next week to make a big dent in temperatures here. >> toasty start to fall. >> yeah. >> thank you very much. >> still ahead being late for school is more than just a mark against you. it is costing students in one school. >> that is coming up. then then at 6:00 a ground breaking look at information in it's tiniest possible form. what can fit on an atom.

the black widow spider's severe bite can cause coma and even death. the african black mamba can kill a man with one bite. but there's an even deadlier predator cigarettes, produced by big tobacco, which take a life every six point five seconds. don't be big tobacco's next victim.

greed. the wealthiest corporations. billions in profits and bonuses. and the sacramento politicians just gave these same corporations a new billion dollar handout... paid for by cuts to education and public safety with no guarantee of creating one new job. but we can change this by voting yes on proposition 24.

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psshht! voila. that's cool. ok let's go. hey, wait. where's my 20? hey, what's up, dude? chase checking. welcome to banking with chase. chase what matters. firefighters rescued a man two who found himself in a perch. hydraulics failed on his cherry picker. a fire fighter climbed a ladder so he can climb down on his own. he was up there for about an hour. >> and it's a call, students late in one utah high school. the policy went into affect this week in east high school. get this, students are fined $5 if they show up late. but the students will have the option of spending a half hour in detention instead of paying the fine. the principal says it's working and there are changes

in behaviors. >> another item about young people. on capitol hill, east bay congressman george miller told a house committee there are 300,000 sports-related concussions in schools every year z we must do more to protect students. miller introduced a bill there that would require school districts to develop a plan to treat concussions. it would include educating students, parents and school workers to recognize and respond to severe head trauma the bill would require schools to provide support for students recovering from concussions. >> and coming up next, a bay area radio hall of fame. >> yes. 1x1x;

our state has a huge deficit. meg whitman's plan will make it billions worse by eliminating the capital gains tax for wealthy investors, including herself. economists say her plan will "rip a hole in the budget" and is "deeply flawed". analysts for the l.a. times say whitman's plan is a "pure handout" to the rich creating a "huge risk" to schools and public safety. jerry brown's against this unfair giveaway because

it will take billions from our children when we can least afford it. get california working again-for all of us. at 6:00 we'll explain why california budget mess could mean state facilities without

toilet paper. and a bay area autograph hound and his unique collection. >> bears make money. and they get spotted. you know? >> and there is a wall street sequel. find out if it's worth the wait in our on the aisle review coming up at 6:00. and now back to dan and cheryl. >> finally here, bay area radio hall of fame has its first brick and mortar home. >> it's moving into the building owned by california historical radio society at berkeley's aquatic park. >> this is a a hall of treasure trove that is gearing up to welcome 2010 inductees. >> they include legendary san francisco giants play by play man john miller and dan bunger. >> and radio personality and author ben torres. good line up congratulations to the