. . tonight it looks like many more if ever before the death penalty happens again. >> california's use of three drugs to execute a death row inmate versus just one. that is one of the reasons that

a judge threw out the death penalty procedures saying the state didn't consider all options. we are more on the judge's ruling. >> reporter: a federal judge stopped executions here in 2006 saying that the process was flawed. the prison officials built a new death chambers and adopted new procedures. and this document says that the prison officials broke the rules when they did that. a new death chamber can't be used you shouldened a new court order. >> they made many mistakes. >> reporter: sarah eisen burg filed a lawsuit against the state on behalf of a death row inmate. it claims that they violated the administrative procedures act. by not providing explanations and allowing for public comment. >> when an agency is enacting

regulations as important as these about how people are going to be executed they need to follow the rules so the public can comment and participate. a marin county judge agrees. saying that if an agency adopts regulations it is an under ground regulation and invalid. the cdcr made important decisions about how to carry out executions with no explanations. >> and the department of corrections never did. that they never explained to the public their reasons. >> reporter: attorneys successfully argued that death row inmates were left out of the process. >> many people on death row attempted to submit comments and get copies of the regulations and they were not able to comment on the regulations. they are the people most affected by the regulations. >> reporter: prison officials can appeal the ruling or readopt

lethal injection procedures with public involvement, a process that can take months. >> reporter: the department of corrections and rehabilitation has not read the ruling. it says they will consider their options. >> thank you, jean. it's the first legal challenge of its kind. two women married to each other are channelling the defense of marriage act because they want the same benefits as other ploys. karen is an attorney in the ninth circuit court of appeals. she is in a lawsuit over benefits for his wife. a judge ruled in favor of her but the u.s. office of personnel management refused to comply citing doma. the assistant attorney general of the justice department's civil division made the argument that the 1996 law is

unconstitutional. >> the spouses of federal employees will benefit. will the be the children of federal employees who will benefit. will the be a whole host of individuals who will benefit if the court agrees with the department of justice that the president with the attorney general that doma is unconstitutional. >> also argued is if federal judges have the authority to determine what scrutiny applies to the defense of marriage act. if you plan on being a car in the next two weeks listen up the last half of december is among the deadliest times of the year for drunk driving deaths. police departments are beginning a holiday dui crackdown. we are standing by in san matteo where efforts like this one seem to be making a difference. >> we are at one of the check points where there has been at least one dui arrest so far

tonight. people are being cited for ore infractions like driving without a license. on january 1st, a new law takes affect at getting repeat dui offenders off the road. it was here where two men were each convicted of nine duis in 2008. that is what prompted this state assemblyman to draft legislation revoking a license for ten years if that driver is convicted of three dui offenses. >> i'm not saying that the court is lenient but the law has been lenient in the past. right now they would lose their license for two or three years at the most. >> reporter: the bill was signed into law. when when it takes affect 10,000 dui offenders could be forced off the road in the coming year. and something else is already working. it's called the avoid the 23 campaign.

backed by a grant of $200,000 to pay for overtime 23 law enforcement agencies are on the street looking for drunk drivers. >> we are looking for them. looking for an impaired driver, looking for the weaving cars with no headlights on, whatever it might be. that's why we're there. >> reporter: last year dui deaths dropped to their lowest level ever recorded in california at 791, down from 950 deaths in 2009. it was the biggest yearly drop in 14 years. police are quick to suggest that the avoid the 23 campaign and similar crackdowns in the east bay and santa clara county are the reason why. >> anything we can do to keep impaired drivers off the road is great. take one driver off the road and save a life. >> reporter: that was a big decrease last year in dui-related deaths but 791

deaths is still much too high. this will continue until 1:30 this morning. the holiday crackdown continues this weekend and into the new year. monte frances. a federal judge put a sentence for barry bonds and then suspended it while he appeals. he was ordered to pay a $4,000 fine. he was the most high profile name leaveninged to the balco steroid scandal. and the balco founder has been a critic about the case against bonds. he joined us today for more on bonds. >> i do not believe this is the end of the saga. i believe there is a strong case for appeal. this may take a year or more but at the end of the process the conviction will be overturned.

>> during the sentencing today, the judge pointed out how she considered bonds' considerable involvement with charity work before making her decision. the assistant u.s. attorney calls the sentence a slap on the wrist and the fine almost laughable. we know the names of the two men involved in a shootout with officers in san jose. it happened in east san jose last night. police spotted a 24-year-old, pictured here, drinking a beer and walking down the street. when they confronted him he ran inside the home of this man. officers enteredhe home and galindo pointed a gun at them and that's when one of the officers fired his weapon killing the man. this is the eighth time this year that san jose police have shot a suspect. four of the shootings have been deadly. $30,000 is how much it cost

to look for a girl who faked her own kidnapping. the police received a report that the girl was missing. but the girl reportedly made up the kidnapping to get sympathy for her family. she was found safe in a home. the tab for trying to find her includes the cost of personnel and equipment. the district attorney is deciding whether to file charges against the teenager. a berkeley company has been forced to fire 200 workers after the department of homeland security auto ited their employee records. they have been using skilled workers, but many have lost their jobs after the government noticed irregularities in the paperwork. >> the department of homeland security came to the company and demanded all the immigration documents that the employees had submitted and of course the company turned them over. and the federal government came back with a list of documents

that -- or a list of employees whose documents didn't check out. >> the company said it had no choice but to let the people go. up next, friday night lights bay area style. see why there is more than just the state championship on the line for awell known south bay high school. he has a way of winning people over in the purest sense. >> he is an exuberant four-year-old in a frightening situation. what a family is asking from everyone before time runs out. plus you are not lazy, you're smart. see how procrastination is about to pay off for you this weekend in a very big way. good evening widespread '60s today. mainly clear tonight means more 30s to start off your weekend. le you know if it will be as clear as it is right now in our sky camerafew minutes. st

w minutes.

one part of the elka me no real looks like the rio grande this afternoon when a car tangled with a fire hydrant. both lost and the geyser was sent 40 feet in the air. this happens in sunnyvale. no one was hurt and traffic was snarled for several hours. a four-year-old boy is in the battle of his life. he is suffering from a rare blood disease. his only hope is a bone marrow

transplant. the only problem is finding a matching donor. we have the story about the family in a race against time. >> reporter: kyle crawford can't get enough of angry birds. his mom says everywhere he goes the san matteo four-year-old makes friends. >> somehow he has a way of winning people over in the purist sense as a child. and it's enduring to be with somebody without any ulterior motives. >> reporter: watching the pre-schooler it's hard to believe he is fighting for his life. he was just diagnosed with aplastic anemia. >> it is very serious. it's a severe blood disorder. and it's very rare. >> reporter: kyle needs a bone marrow transplat to survive but finding a match is more challenging because of his ethnicity. he's half chinese and half

caucasian. >> we already know for a multiracial individuals it is a challenge. so we're moving forward as aggressively as we can. we are desperate. >> reporter: kyle's parents are hoping that people will do a simple cheek swab and become part of the donor registry. kyle's immune system is so compromised even the common cold could be deadly. they hope this christmas they will receive the gift of life for the boy who has given them so much. >> a lot of life and lot of spirit. and you know, someone that really is just -- just so loving. >> reporter: there is a bone marrow drive for kyle on january 7th at serendipity preschool in san matteo. if you are not a match for kyle you may match another patient in need. after ten years of marriage,

kobe dez and his wife are calling it quits. in papers filed today in orange county value necessary that dez cited unreconcilable differences. dez may have been caught cheating. you might remember in 2003 hen he was charged with sexually assaulting a colorado woman his wife stood by his side. dez admitted only the adultery. the couple plan to share custody of their two children. it just wrapped up a few moments ago. bellerman college prep santa margarita for the high school state championship. >> many huddled together to cheer on their alma mater and are now crying in their beer. >> such a heart breaking loss for the fans.

just when they thought they had the state title, santa margarita comes back to win it at the end. with me is cherie cole, a big bells fan. you must be disappointed right now. >> not really disappointed. more excited for them just because they got shock the world just by even going. i'm sad for them because they didn't get the win. but they should keep their heads up. no one expected them to get this far. and i had faith in them the whole game. but they just really came out and shocked the world. i can't be disappointed right now. >> an intense gameful of ups and downs and these fans endured every moment. >> reporter: to play in primetime on tv in the state final is special. bellerman was in the championship game gunning for the school's first state title playing power house santa margarita. >> it's huge. you hardly ever get to the

state. >> reporter: watching an intense game you feel all the emotions. sometimes you don't like the play. >> oh, my gosh. >> and when it goes your way -- >> go travis woo! >> reporter: what does that feel like? >> it feels good. >> reporter: kevin knows how emotional a game like this can be. he played for the bells a few years ago. now he blocks for andrew luck on the offensive line for stanford. >> you are competing for your school and if you win it it is a sense of glory. >> reporter: in '90s they lost to oceanside. two years later they are back and want to win it all. >> it's got to be awesome especially for a school like bellerman. you want to compete at your best and show you love the guys at bellerman.

>> iter you have to admire their spirit. they fell short this year but want to get back to the state title next year and win it this time. we're so excited about the game tonight. >> you don't have to be a grad but after just ten minutes i was drawn into it. >> let's look at the weekend forecast with jeff ranieri. >> reporter: you know it is big when our producer dan gets involved. 44 in oakland. 43 in concord. 38 in fairfield. temperatures started to drop off in the interior sections. that will lead not only to patchy frost but patchy fog tomorrow morning. it looks great saturday. this looks like my to doo list but will the be safe for you to seven to ten days. we have a nice string of dry weather coming down the

pipeline. light winds aiding in the fog developing in the the north bay. that is where is most vulnerable for the fog. and the radar shows mid and high-level clouds in the area. if you want rainfall this is the reason we cannot get it. high pressure is shielding us offshore from storm activity. with the storm track ridging well up into the gulf of alaska usually if we are dry washington and oregon is usually getting activity but they are not getting anything at all. in the next 48 hours we get more sunny weather for saturday and sunday. the only hitch in the weekend is going to be a little bit of patchy morning fog for both days. a lot of sunshine in the afternoon. tomorrow morning we'll start off with 34 in santa rosa. 33 in napa. upper 20s in gilroy. 42 in san jose.

so let's bring you into tomorrow's numbers a nice day. not as mild as today. some of the north winds that we had are starting to relax. the temperatures will go down a little bit but will be very nice with abundant sunshine. 57 in half-moon bay. also expected 06 in orinda. saturday and sunday look like this. low 60s with dry weather and once again patchy morning fog. but by 11:00 a.m. and the noon hour and 1:00 p.m. the sun will be out in full blast across the bay area. dry monday and tuesday and as winter begins on wednesday no rain, no snow, just a lot of sunshine. it's been split pretty much even on my facebook and twitter a lot of you complaining we are not getting the rain and everyone

else is saying let's not talk about the rain. i'm in between too. >> i understand. a tough situation to be in. >> yes. attention bay area shoppers. up next how to get that perfect parking spot at the mall guaranteed. and day giftbusters this friday and saturday for all your holiday gifts. save 50% off liz claiborne apparel. 55 to 60% off the coziest sleepwear. 60% off all blankets. and 50% off diamond jewelry. plus, with jcpcash, get $10 off when you spend just 25. no exclusions! unlike other stores, we don't make you come back to save. go to jcp.com to see everything on sale. we make christmas affordable. you make it yours. jcpenney.

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that is not half. guys i have more. [ female announcer ] do you have enough crescents? holiday bargain shoppers start your engines. tomorrow is supersaturday. retailers are trying to rack up the sales before christmas time. but this is not last day of holiday sales. >> i believe the savvy retailers will come out with something in the middle of the week before christmas to insent that last-minute shopper through their doors versus their competitors. >> if you want to skip the crowds, amazon are extending free shipping offers through monday. from holiday shopping to

parking, forget about the whiz bang ways of finding a parking spot. patience pays when it comes to parking. pull into the first spot you see or wait for a space to open. here's the key. circling the lot will not get you inside the store faster. it's easy to say and tough to do. another tip, side entrances often have more spaces. >> i usually pull into the first one and say i need the exercise. 49ers facing a tough decision on some of the players. ♪ [ male announcer ] it's easy to see what subaru owners care about. ♪ that's why we created the share the love event. get a great deal on a new subaru

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♪ [ male announcer ] oh what fun it is to ride. get the mercedes-benz on your wish list at the winter event going on now. but hurry -- the offer ends january 3rd. [ santa ] ho, ho, ho! welcome back to nbc bay area. the 49ers has one problem that every team wants to have. how do they play the rest of the regular season with the playoffs

already assured? brodie brazil has the scoop. >> reporter: with their spot secured and homefield advantage locked down for the opening game. all that remains for 49ers is earning a first-round bye. their dilemma is resting injured players or giving in to their desire to play. >> when patrick is ready to play whether it be this week or next week he will be ready to playary gone back in there. he is rehabbing. >> reporter: offensively for the 49ers, running back frank gore today declared himself healthy and ready to go for monday night's contest. this following a week in which he only got ten touches and pulled himself out of the game after the very first play. >> i kind of landed kind of funny and i had to just like that. >> your arm? >> my arm.

>> reporter: jim harbaugh said that frank was not 100%. gore's response? >> football is a physical sport. and you know, but i'm good enough to you know go out there and try to get my team to win. you know, do the best i can. >> reporter: brodie brazil, nbc bay area sports. the raiders could find comfort in the return of one of their top weapons. he is expected to play against the lions. the return stretches the field for the raiders and gives carson palmer a trusted target. to the hardwood. weber and cal state. cal stifled lil lard all game holding him to 14 points shooting 4 for 17 from the floor. second half solomon for the dunk

and then gutierrez with the corner jumper. he had 24. cal wins 77-57. division one championship, bellerman and santa margarita. just over a minute to play. the qb the kiper up the middle and he goes over the top with 16 seconds to go. that was enough to get the win. 42-37 is the final. have a great weekend. we'll do it again tomorrow. >> thanks so much. >> bye. we'll be right back. ♪

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plus save on gift card multipacks. right now get 15% off of $40 itunes multipack. safeway. ingredients for life. it is bell ringing at its best. his name is butch soriano and his passion is ringing a salvation army bell. he wants to ring it longer than anyone has. he has beaten the old record of

36 hours. but there are 23 other people across the country still doing the same thing. the test is to see who can go on the longest. they ring four hours and get a break. he has not eaten since thursday. we'll keep you posted. >> no sleep, no eating all for a good cause. >> i'll bring him coffee >> have a good weekend, folks. h

>> announcer: it's "the tonight the ho