that's what's making news in america this morning. >> get more later on "good morning america" or anytime at abcnews.com. >> have a great friday, everybody. enjoy the weekend. i'm amy hollyfield. live in oakland where school officials are trying to figure out how second graders were able to participate in sexual activity while the teacher was in the classroom. >> also this morning, investigators reveal a plan "b" after the search of a canal for a kidnapped four-year-old boy comes up empty-handed. they will be back out today, this time with sonar equipment. >> here is a live look. there is the flag and it's calmer and much colder this morning. >> here is a live look at the bay bridge.

traffic is light around the bay area even though we had a few earlier problems, more coming up. >> and attorneys for barry bonds will try to deliver a blow to the government's case against them. they them to exclude major evidence against them. its friday. good morning. i'm kristen sze. >> and i'm eric thomas. this is one of the stories that has you scratching your head. counselors will return to the school to help students deal with bizarre allegations from a second grade class, among them two students engaged in sex play with the teacher in the room. what is going on with the teacher? >> it's hard to find the words to react to this one. this is likely going to dominate the conversation here at markham elementary school. they have confirmed that two separate sexual incidents

occurred in the classroom while the teacher was in the room. one involved with students taking their clothes off and the other engaging in oral sex. >> this could never battles happened when i went to school or my children went to school. this is absurd. >> we know it's natural for young children to battles curiosity and it's not acceptable for it to happen when an adult is present. so we will be going over with the children how to restrain that curiosity. >> when the principal heard about what happened, she sent out a letter telling them the teacher will not be coming back to school until the investigation is complete. the district has a counselor talking to the children to find out how and why this happened. amy hollyfield, "abc 7 news." >> the letter is posted on our

website. look at our home page. >> this morning, investigators will return to a canal and use sophisticated equipment to search for a four-year-old boy. he was kidnapped tuesday. police say his mother's ex-boyfriend took him. lilian kim has the latest. >> you need to bring him home. i don't know if he is hungry or thirsty. >> she pleaded with the ex-boyfriend to bring her son home. they say he kidnapped the boy of patterson. >> we are still following up on dozens of leads that are coming in. >> deputies stay leads in this kidnapping case are coming in from the sierra to southern california but so far they battles been focusing efforts on the canal. it wasn't the car they were looking for.

they say he was driving a silver toyota corolla. a far they say they saw the car drive into the canal which is why investigators aren't calling it quits just yet. a special crew from merced county is being brought in to check the area around the pipeline used in sonar equipment. >> that was an area unable to get because of safety concerns. currents in the water. it's too dangerous to send personnel or divers into that section. >> until then, friends and family at the home are keeping vigil. she is holding out hope that her son and rodriguez are still alive. >> i know he is. he probably doesn't know what to do. i know he'll start feeling like he is tired of running and he'll want to give up and turn himself

in. police are looking nor the gunman who opened fire at a west oakland park killing a man, victim's daughter and other children playing nearby. investigators say 31-year-old man was shot yesterday in willow park in the 1600 block of 14th street and died later you're going surgery. his 20-month old daughter were not hurt and neither with the other children 4:35. barry bonds' legal team returns to court for a pretrial hearing. bonds and his attorney are expected to ask the judge to reject prosecution attempts to use certain evidence in his upcoming perjury trial set to begin on march 21. he is accused of lying when he told a grand jury investigating the balco drug lab scandal that he never knowingly used steroids. they want to use documents that

may implicate bonds' former trainer anderson. he has spent more than a year in jail on contempt charges. >> chuck read will join a team at stanford for a summit on caltrain deal for the next fiscal year. the leadership group is working with caltrain to review option that has might include putting tax measures before voters. the railroad does not receive state or federal assistance and relies on muni, samtrans and the santa clara transportation authority to contribute funding. they are dealing with their own budget problems. right now the agency only has enough money in the budget to run during the morning and evening commute hours. >> hundreds of thes and council members around the state are denouncing the governor's program to eliminate agencies.

governor brown wants to use $2 billion in funding in redevelopment to offset cuts in education. they say it will kill hundreds of thousands of jobs and harm the local economy while doing nothing to solve the budget deficit. >> gubernatorial candidate meg whitman says she hopes governor brown is successful in turning budget problems around. san francisco chronicle spoke with whitman yesterday since losing the election. she says she'll weigh on the governor's policy and other things in time but right now he deserves the chance to be successful. yesterday, whitman was one of five new directors named to palo alto's based hewlett-packard's board. >> we are cold this morning, or cool at least. >> temperatures much cooler than

yesterday. that is the big weather story. good morning to you. show you where the 30s are. 38 in santa rosa. 37 in concord and 39 in livermore. starting to get frost developing on my car as i left for work this morning. looks like it will drop down to 33 degrees in some on of our deepest valleys. low to mid 40s down into san jose. half moon bay, 57 degrees, compared to 24 hours ago, we're the same at half moon bay, napa and oakland, 10-15 degrees cooler. so we'll start off in the os and who's. it will be a little hazier today than yesterday but still, mainly sunny with a few high clouds. by noon, upper 50s to low 60s and by 5:00, we're going to be in the low to mid-50s in most

areas. at 4:00, a little cooler around fairfield and antioch in the upper 50s. same with san rafael. he is a look at the seven-day forecast, we'll keep the mild weather going, all seven days of the forecast, mid to upper on a around the bay and low to mid-50s inland. still no rain in the forecast. let's turn it over to frances. >> good morning everyone. we battles major road work around hayward, connection ramp from north 880 to westbound 92 as you make your way toward san mateo bridge. this is only in effect for the next 20 minutes and stalled frito lay truck at railroad partially blocking the lane. even though it's out there and early accident, traffic is getting by okay. it's friday light and mass transit systems reporting no delays right now.

>> a stalled truck -- it's 4:39 right now. >> mission identical, still ahead. >> twin bay area sisters make a pledge to enlist. >> and man that climbed up san francisco's tallest building medicare. it doesn't cover everything.

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...authentic... ...pure... and also delicious. ♪ like nature valley. granola bars made with crunchy oats and pure honey. because natural is not only good, it also tastes good. nature valley -- 100% natural. 100% delicious. welcome back. dan good win's jury trial begins tomorrow. he tried to climb up a building on september 11th.

it made the street shut down for four hours. >> they are taking an unusual step in enlist contingent in the army together. it's been an emotional injure now ni for the sisters. they are preparing for the boot camp and what may come next. cecilia vega has their story. >> on an though family has a difficult time telling the identical twins apart, they battles tried to go separate ways but not managed to get very far. >> we still meet at the same point. >> that same point was an army recruiting center in hayward where the two sisters decided to enlist to go. it caught the recruiters by surprise. >> we hadn't been able to track any case where two identical

sisters joined the army before. >> it's a way to pursue an education and make their parents proud. >> once i told her we are going, the army is going to teach you guys something i couldn't teach you guys. more discipline and it's a whole different thing i couldn't teach. >> you they know the mother is proud because she told them for right before she died of cancer the week before they enlisted. >> she said i know you are going to do good. this is for your future. >> melissa will be the first, leaving for south carolina in two weeks. the next will follow two weeks later. but nine weeks after that they will go their separate ways. one stays on active duty in virginia, melissa comes home to vallejo to join the reserves. >> we've been together, we share a room everything. >> so we're trying to like, you

know, one, everything has to share but now it's giving us room to separate from each other. >> cecilia vega, "abc 7 news." >> 4:45. coming up why bay area cities are getting failing grades in the fight against smoking. >> gabrielle giffords makes a major move. in washington, the next step for the congresswoman coming up. >> also the new poll that gives president obama a big thumbs up and a major thumbs down. >> and how students and a san francisco school are fighting violence with smiles. 3q it's a beautiful day inside

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welcome back. 4:47 this mornings, live temperatures -- your high

temperatures. fargo zero. look at chicago, 18. we battles, no, it's heading to the northeast. maybe flight cancellations and even delays that will develop. check out flight tracker at "abc 7 news." >> all right mike, thanks for buttoning that up for us. in the news, arizona congresswoman gabrielle giffords leaves a tucson hospital and move to a rehab center in texas. now, the latest on giffords' remarkable progress. >> for the first time, since she was shot doctors wheeled her outside to feel sunshine and they say she smiled when she did. >> she is a strong person, a fighter. she is a fighter like nobody else that i know. so i am extremely competent she

is going to be back here and back at work soon. >> giffords' husband mark kelly says he expects a full recovery from the representative of arizona but that means leaving arizona. she will be discharged from the university hospital in tucson and flown to a hospital rehabilitation center. >> it will determine the situation. we battles people with gunshot wound that need to be here for a couple weeks and others that will be with us for months. >> she now moves her lips and even scrolls through an ipad but they don't know if she can talk or see. >> i do want to caution everyone she has a long way ahead of her. >> houston is home to the rehabilitation center and also home to johnson space center where mark kelly is an astronaut. he could still return to work and see his wife every day. >> it's going to be there as

much as positive. >> doctors say she will be the last of the shooting victims to leave the hospital. >> the suspected gunman that wounded representative giffords is set to be back in court next week. preliminary hearing for jared loughner has been moved to a larger courtroom in phoenix. six people were killed and 13 people were wounded outside a tucson safeway. charges could include attempted assassination of a member of congress, killing of a federal employee. loophole shows most americans like president obama as he begins the second half of his first term. associated press finds that 83% find president obama likable with 59% viewing him favorably. 53% approve the way he is governing the country. that puts him in the middle

through modern day presidents. 38% rate it as above average with 34% calling the first two years below average. 41% say mr. obama understands the important issues the u.s. faces over the next two years but only 26% believe the president has kept most of his campaign promises. kind of like with the weather lately. there is a percentage that is worried about the dry spell, too. >> do you want to ski some more. still quite a surplus and we could use more. >> it's personal. >> tell you what is going on this morning, 4:51 this morning, here is some of the haze that will be hanging around today. visibility this afternoon, even under total sunshine maybe just a little bit less but so far

it's not going to get to the levels where we battles spare the air day. let's talk about the temperatures, adjust them differently stepping out this morning. mid to upper 30s, santa rosa, fairfield, concord and livermore low to mid 40s elsewhere. 57 in half moon bay. around the monterey bay and inland to salinas, mid 40s. gilroy cooler at 35. here are the highlights. three things i want you to know as you head into the washington, d.c. bright afternoon with a -- weekend. kliol but these temperatures is where we should be and no rain at least until february. still going to be dry. we're a little warmer in fremont and concord where the 64 is close to a record high. san jose one degree warmer. santa rosa will be hitting 68. that will be record. we could set one in oakland, at

68. 64 in san francisco. we'll get nearly ten hours of sunshine. here we are in the south bay. you can see mid to upper 60s here. we battles mid to upper 50s along the peninsula. mid-50s downtown in south san francisco. low to mid 50s in the north bay until you get to santa rosa and ukiah. mid to upper 60s along east bay shore. we'll battles upper 50s around the monterey bay. mid to upper 60s for morgan hill and gilroy and hollister. for tonight, we are looking at 30 degree temperatures around livermore and concord and fairfield, santa rosa, cloverdale. scattered frost is possible including morgan hill. >> high pressure still going to bring us and offshore land breeze. you can see how it chases the clouds well out into the ocean. because of that we'll battles a

dry pattern with a whole lot of sunshine this week. here is the accu seven-day forecast, look at those temperatures, low 50s. if you going be out. baseball tryouts, lacrosse, you might want to wear sunscreen. mid to upper 60s and then we'll see a little bit of chill for wednesday and thursday. good morning, frances. >> frost hasn't developed yet but couple minor accidents but it's already off the freeway. here is a live shot of the san mateo bridge where you see traffic is friday light. you'll see those alert signs as you see those. check out the bay bridge toll plaza. no delays right now. it's also very quiet ride out of north bay with a live shot of the golden gate bridge and travel for ra minimum county commuters and westbound 580 at altamont pass but that is also

off the freeway at this point. you can always get traffic when you need it by going to our website at www.abc7.com. excuse me. >> thanks a lot. it's 4:55. >> republican lawmakers want to ban tax funded abortions. a new bill barring funding for elective abortions. >> it's the will of the people and it ought to be the will of the land. >> under the measure, americans who buy health plans on their own that cover abortions would no longer be able to deduct any cost from insurance to federal taxes. if republicans took control of congress and promised to create jobs but one of the first acts is take away health insurance that the majority of women currently battles. >> smoking policies according to

a new report card from the american lung association, they graded cities and counties in how they protect the public from tobacco use. san francisco and oakland received a "b". san jose got a "d". five counties got an "a". student at san francisco middle school are fighting violence with smiles. students at will school in the sunset district are being encouraged at each other to smile each other. event focused on diversity and resolution and preventing bullying. >> if they smile each other, it builds up community. i may not know your name and i'm going to give you a smile and brighten your day. >> that school is putting smiles

in hallways and surprising students. it's hard to be mad at someone if they are smiling at you. >> it depends what they are smiling about. 4:57. >> federal agents raid a bay area university. next, the scam authorities say the school was running. >> shocking behavior in oakland second great classroom has school officials promising a full investigation. i'm amy hollyfield. >> and one of the state's municipal bankruptcies, next, how vallejo'sability plan could [ male announcer ] 95% of all americans aren't getting enough whole grain. buactually, it's easier than you think, because general mills big g line of cereals

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