principal eric lewis, and she is not the only one shocked that he is accused of using and offering to sell drugs. lewis appeared in court today to hear the charges against him. five felony counts of possession, transportation, sale, and distribution of a controlled substance, specifically, meth, ghb, and ecstasy. lewis was arrested friday after arranging to meet an undercover police officer who made contact with him through the website adamforadam.com. >> he is alleged to have offered to furnish both methamphetamine and ghb to an undercover officer, and that provided the basis for a search warrant and the discovery in his apartment of about a quarter of an ounce of methamphetamine, seven pills of what is expected to be mdma, or ecstasy, and three or four vials of ghb. >> reporter: according to the police report, investigators found a number of surveillance cameras and several hidden cameras in his apartment, one of which was hidden inside a teddy

bear. investigators are going through several hard drives seized from lewis' home and computers seized from his office at the santa clara county school. lewis will return to court on friday. in the meantime, the parents who know him as a care and devoted educator and his district bosses will try to make sense of it for themselves and for the children. >> there is no indication whatsoever that there was any connect to campus. we didn't know anything about it. there is no history that we're aware of. it's just -- i think it's -- we just couldn't have anticipated this. >> reporter: now eric lewis' bail is set at $25,000. not only does he have to come up with the money if he wants to be released, he also has to prove that he didn't make it selling drugs. he is due back in court on friday. in the meantime, he will remain on administrative leave. in santa clara, kris sanchez, nbc bay area news. a richmond refinery under fire again, this time the target of a federal criminal investigation. the feds are still investigating

last month's massive fire at the refinery that sent plumes of smoke into the air, allegedly sickening hundreds. but now we're learning the refinery had already been the target of a criminal investigation by the epa for allegedly allowing flaring to happen without monitoring pollutants. local air quality investigators fined chevron $170,000 last year for 27 violations. but now the feds are taking another look. >> we know that something went wrong. the refinery did something wrong. whether it rises to the level of criminal, we'll wait and see what the epa says. but clearly, what they did was a problem. it was wrong. and so we'll wait and see what the epa decides to do. >> chevron maintains it fixed the problem as soon as investigators brought it to their attention. the refinery's general manager says he can't explain why the flaring was not being monitored. tonight at 6:00, we'll hear chevron's take on both the flaring and the investigations.

a suspect is dead and three hayward police officers are on administrative leave after an early morning shooting. hayward police say a man shot someone inside the dirty bird bar on tennyson street around 1:00 a.m. soon after officers caught the suspect at a gas station a few blocks away and pulled him over. investigators say when the three officers attempted to talk to the driver, the suspect allegedly backed his car towards them. that's when police shot and killed him. none of the officers are injured. they're now on routine might have leave. meanwhile, the person shot at the bar is expected to be okay. help is on the way. the san jose police force will soon have dozens of officers helping them patrol the streets. the department introduced its first academy in more than three years today. damian trujillo got access to the first day of training. damian joins us live at police headquarters. and damian, this would be a huge boost to the department. >> reporter: that's exactly what it is, jessica. not only will these officers help put more cops on the street, it should also help

boost morale, bringing in a new crop of men and women who want to wear the uniform. >> we've met rather informally a few times, haven't we? >> yes, sir. >> reporter: their voices are strong, their uniforms firmly pressed, and their shoes are nicely polished. >> in continuing a level of performance that this city expects. >> reporter: they are 45 men and women selected out of a pool of more than 2,000 who want to wear the badge of the san jose police department. >> parole, get you ready patrol. >> we desperately need more people in our police department, and we're really excited to have these people starting this process. >> reporter: there are 1,046 officers on the force right now. the chief says he needs about 200 more to adequately protect the city. this academy won't solve that problem, but the department says it's a start. >> it's exactly what we need because it's unfortunate exactly

what we lost in the layoffs is a lot of those folks who are most diverse. >> reporter: the recruits arrive at a time when crime is up, morale is low. so is their pay and benefits. that's why dozens of current officers are ready to bail, so frustrated with the working conditions, that they want to wear the patch of another city. and there is no sugarcoating those concerns to these cadets. >> it's not an easy time to be a san jose police officer. and they're going to learn that as well. but at the same time, we have to start rebuilding. we have to move forward. and this is a first step. >> you guys understand? >> yes, sir. >> reporter: many of these cadets knew coming in the ills facing this department, yet they're still willing to spend the next six months learning how to be one of san jose's finest. these cadets will graduate on march 15th, then there will be a new crop ready for the spring academy. we're live at police headquarters in san jose, i'm damian trujillo, nbc bay area news.

decision 2012. president obama is in new york tonight, and critics are blasting his priorities. the annual united nations general assembly is in new york this week, but instead of meeting with world leaders, the president made a campaign appearance on the talk show "the view." israeli prime minister benjamin netanyahu had requested one-on-one time with president obama, but instead hillary clinton will handle the private meetings with foreign leaders. president obama is also taking flak for his interview which aired last night on "60 minutes" in which he was asked about the turmoil and violence in the wake of the arab spring. >> i was pretty certain and continue to be pretty certain that there are going to bumps in the road. >> these are not bumps in the road, these are human lives. these are developments we do not want to see. this is time for the president who will shape events in the middle east. >> reporter: president obama will speak at the united nations tomorrow morning, but with just six weeks until the election,

insiders say his speech will be aimed mostly at american voters. the raiders beat the steelers in dramatic fashion yesterday, but the game was marred by a serious injury to one of the team's top players. tonight, show, we have good use about darrius heyward-bey. doctors released him from the hospital last night and he is now recovering at home. he suffered a concussion and a neck strain after a vicious helmet to helmet hit. he was knock out and on the ground for more than 12 minutes before giving the crowd a thumbs-up while paramedics took him off the field. heyward-bey is expected to make a full recovery. $5 million just isn't enough. wall street not impressed with apple's sales numbers. five million iphone 5s over the weekend. the stock down but did bounce back. also, supply concerns are growing following a riot at the chinese company that makes the phones. they temporarily shut down the factory after nearly 2,000

workers were involved in a fight at a campus dorm. 40 people were injured in this brawl. the company is investigating what triggered the fight, but they deny it was work-related. chinese bloggers disagree, however, and say the battle erupted after a security guard allegedly hit an employee. money in your pocket. ahead at 5:00, the credit card company that is issuing millions in refunds for its customers. and could bit a game change? the way breast cancer is treated for millions of women. she was hoping for gold. bay area olympian kerri walsh ended up leaving with the game with a lot more. what she is sharing. i'm jeff ranieri in the weather center. not a bad way to start off this monday. a lot of sunshine and warming temperatures with mid- to upper 80s. however, a cooler breeze starting to filter in with 60s across the bay. we'll have your full seven-day forecast coming up in minutes.

hundreds of domestic workers from the bay area boarded early morning buses, taking their fight to the state capitol. they were waving signed postcards of support, and urging governor brown to sign the domestic workers bill of rights. it would extend overtime pay and mandate meal and rest breaks. while existing laws regulate for household employees, those hired for personal attendants for children are not all covered. >> not all things are covered like meal and rest break. this makes it so that all domestic workers, regardless if you're cleaning homes or caring for the elderly or caring for people's children, they are able to also be protected. >> governor brown has ten days to sign this legislation. jury selection began today for a former san francisco crime lab tech accused of stealing drugs on the job. deborah madden used to work as a lab tech for the san francisco police department back in 2009. madden is now facing federal

charges of stealing cocaine from the facility, and now could face up to four years in prison if convicted. the alleged drug theft led to the closure of the crime lab and the dismissal of hundreds of cases by prosecutors. the charges against madden carry a maximum sentence of four queers in prison. researchers have identified four genetically distinct types of prostate cancer. this new information is giving hope that millions of women will not have to face radical treatment if it's unnecessary. let's bring in nbc bay area's marianne favro. marianne, this gives women and their doctors a better approach. >> reporter: and many more options. doctors are already using medical information to help personalize treatment for patients. but this new study opens the door to even more specialized treatments, perhaps sparing some women from the side everythings of unnecessary surgery or drugs. debbie hasn't had a mammogram in years, but now she doesn't want to take any chances. >> i have a sister that had breast cancer, and she had to have a double mastectomy.

and she is deceased now. and i had a niece that had it when she was 25. >> reporter: every year after getting a mammogram, more than 200,000 women are diagnosed with breast cancer. now new research published in the journal "nature" is paving a way to give those patients more treatment option. scientists identified four genetically distinct types of breast cancer. >> what that does is it gives us an eye on how can we improve the treatment for breast cancer, decrease the amount of side effects from these treatments, and improve the outcomes for all women. >> reporter: dr. cutner, the care of the breast care task force for kaiser says kaiser is already using some genetic testing to offer more personalized testing options for women. but she says this new information may enable doctors to customize treatments even more. >> it may also impact what type of surgery we offer them. because we know that for some cancers, surgery may not be the

primary treatment. that's very different than what we've been talking about in recent years. >> reporter: the finding is also offering hints that one type of breast cancer might be vulnerable to drugs that already work against ovarian cancer. by understanding the biological details of tumors, the hope is the new research can reveal cancer's genetic weaknesses so patients get the best drug targeted for their specific cancer. doctors say not only could the new approach save lives, but it may also spare patients from potentially harmful side effects of drugs they didn't need. this new research may also help spare some breast cancer patients from unnecessary chemo. a study as part of a large federal project, the cancer genome atlas to build maps of common genetics in common cancers. >> thank you. we should also begin beginning in april of next year, state law will mandate doctors to notify

women when they have dense breast tissue. that condition can make it harder for experts to evaluate mammogram results. this is the second time state senator joe smidan has sponsored the bill. it's been debate whether it is beneficial to notify women if they have dense breast tissue since it tends to be hereditary. over the weekend jerry brown did sign the bill. it may not come as a surprise to you, but america's current education system is causing new concern about the nation's security in a global economy. at the third annual nbc education nation summit, experts talked about how to better educate young people. studies show the majority of eighth grade students in america are not proficient in math, reading, and science. former secretary of state condoleezza rice says that gap threatens national security. >> the level of writing skills, analytic skills is a reason for

concern. the idea that you have to be able to write based on text, to write based on fact, to be able to analyze, these are the sorts of skills that even our best students are not acquiring. >> experts say it's vital the education system focus on the whole child and not just on test scores. south bay olympic gold medalist kerri walsh jennings was carrying something extra with her in london. she was five weeks pregnant while competing in london. the couple made the announcement this morning to matt lauer. she had been feeling a bit moody during the olympics. she had no idea, and then discovered she was pregnant. we were with her in london. she didn't seem that moody to us. >> yeah, i thought it could have been the stress of the games and travel kind of throws your schedule off a little bit. but you don't know. i knew. and at some point, you know, you're late and then you start feeling something. and i definitely started feeling something in london. >> she is still glowing.

they already have two young boys. the new baby is due april 9th. a group of whale watchers in san francisco got a rare treat today. a group leaving san francisco didn't have far to travel. it came across a pod of humped back whales traveling a quarter mile outside the golden gate bridge. the whale tour owner says it's the first time he's seen humpbacks so close to the bay, which do have grays come biannually, but to have them right here at the golden gate bridge is absolutely amazing. >> the captain alerted the coast guard. it then put out an alert warning other vessels in the area to slow down and keep an eye out. >> what a sight. and how fun that looked. >> i think it would be a great idea. we're in the fall, right? >> officially in fall. >> i think jeff ranieri should take your weathercast on the bay and do some live whale watching. >> hey, why not? i knew it was going to be your idea to send me on throughout. but great weather for today. we do have the classic san francisco fog right up against the coastline this afternoon

with a slight onshore wind. here is the thing. it's not onshore for everyone. back into the east and also the south bay, more of a dryer wind. from 5 to 10 miles per hour. and that's producing a widespread of conditions. we have 50s and 60s at the coastline. and then for the interior valleys of the east bay we have 83 right now in livermore. 82 in concord. 75 in san jose, and checking in with 79 in gilroy. let's take you outside of the live hd sky camera network. and this view from san bruno shows that low deck of cloud cover moving in. high pressure aloft is really helping to squish this down. so we'll get some fog for tonight. but it doesn't look too extensive. back into san francisco. you can see it's moving in. and temperatures definitely a lot cooler than what we experience this weekend. the next 48 hours, here is what we have. this region of high pressure is building offshore. a ton of hot air with it. the thing is it's going to be so far out here that we're not going to be looking to get too hot this weekend, at least over the next two to three days. we're going to be more on the warmer side as we head throughout your tuesday and your wednesday. so that will mean some 50s and 60s at the coastline. also a few areas of fog.

and then for the east and the south bay anywhere from 70s right near the bay to 80s for some of the interior valleys. then as we head throughout wednesday, a little bit warmer. that's going to be a sign of heat starting to build in the seven-day forecast. let's get you in tomorrow morning. hour-by-hour fog futurecast does show some sparse fog for the morning hours, but it will be clearing out relatively quickly by the afternoon. everyone expecting sunshine from the north bay down to the south bay. we'll start with 51 up in santa rosa. 56 in fremont. 54 in livermore. and for daytime highs on tuesday, it's going to be comfortable, many in the south bay 80 degrees in san jose. 72 in santa cruz. and expecting 85 in morgan hill. back for the east bay. around to some mid-80s here. in danville, walnut creek, back into pleasanton. looking good in livermore with 86. 70 in alameda and also 75 in hayward. for san francisco, we'll top out at 68. 74 in san rafael. 80 in santa rosa. and 62 in bodega bay. your three-day forecast has numbers in the mid- to upper 80s

tuesday, wednesday, thursday inland. yes going to have a few 90s coming as we head throughout next week. so while we're in that first full week of fall, it looks like numbers are going to reverse a little bit, at least over the next seven days. but we do have confidence. it looks like the storm track in the upper-levels, the jet stream we like to call it, over the next seven to 14 days looks like it will be moderating and pushing a little more to the south. so that could mean some good news of maybe getting some rainfall in here at least over the next 30 days. >> i hov this time of year. >> it is beautiful. >> thank you. still ahead, an expanding recall linked to salmonella. trader joe's under scrutiny. [ laughter ] [ girl ] wow. you guys have it easy.

i wish i had u-verse when i was your age. in my day, we didn't have these fancy wireless receivers. blah, blah, blah. if i had a sleepover, i couldn't just move the tv into the playroom. no, we had to watch movies in the den because that's where the tv outlet was. and if dad was snoring on the couch, we muscled through it. is she for real? your generation has it made. [ male announcer ] the wireless receiver. only from at&t u-verse. get a free wireless receiver with a qualifying u-verse plan. rethink possible.

you might have some money coming back to you. more than 3.5 discover card holders will be getting a refund.

ordered to pay out $200 million for marketing. those eligible for a refund were charged for add-on service between 2007 and 2011. the company was also fined $14 million. and you're right. it's not your imagination. it is getting more expensive to do banking. a new survey from bank rate.com says atm fees hit a record high. users are now paying more than $4 on average to use the atm of a bank they don't belong to. that's $2.50 in surcharges plus nor than $1.50 for using a different bank. the survey found that free checking accounts have hit an all-time low. only 39% are now free. trader joe's is now recalling more of its peanut butter after being linked to a salmonella outbreak that has sickened 29 people across the country. trader joe's valencia creamy salted peanut butter has been removed from store shelves. in addition, they have now also recalled trader joe's valencia

almond butter with roasted flax seeds, crunchy and salty. so a few different type here is. those affected by the outbreak got sick between june 11th and september 2nd. it's not clear if anyone got sick in california, but they do say if you bought any of these peanut butters, you can return it for a full refund. the companies that makes the peanut butters also distributes peanut butter under the name archer's brand, which is sold at target and as is also being recalled. up next, how new jersey is trying to fix its reputation one reality show at a time.

okay. snooki from "jersey shore" getting more than her 15 minutes. a proposed new jersey law is now named after her, and it's not exactly a compliment.

it's a so-called snookiville law introduced by the new jersey assembly today. it would give scenarios control of filming under way in the garden state. it would require film crews to pay for additional police officers who are sometimes called out to control the crowds. to visit the cake boss, they might be needed to break up fights among some of those real housewives of new jersey. i thought that's what the situation was for. >> snookiville. can you top that? >> i don't know if i can. but definitely getting a lot of press there in new jersey after that show has been out. tuesday, wednesday, and thursday numbers in the mid- to upper 80s the next couple of days inland. and then we will have some 90s returning by this saturday and sunday. so we'll bounce back into summer as we head into saturday and sunday. >> thanks for joining us. "nightly news" is next. we'll see you again for more local news at 6:00.