there around the noontime, we did have the showers developing across the extreme south bay, not too heavy, but it got folks on twitter talking about it and that's for sure. look at that the pattern and what we're pushing ahead towards, this jet stream. pushing down across central and southern california allowing another round of chilly air to come with us here throughout the overnight hours and also into the next 48 hours. so, with that said, this morning we did start off with a record cold temperature of 39 in napa and hasn't been this cold since may the 24th. overall, that's going to set us up with more chilly temperatures as we head to 6:00 a.m. thursday. some of the coldest napa at 43 degrees and almaden valley at 47. details and what kind of impact this will mean in the daytime highs in the full forecast coming up in ten minutes, you guys. >> we'll see you shortly. what went wrong and how could a dead body go unnoticed

for three weeks. that's the question that friends and family are asking. the body of lynn spalding was found in a stairwell at the hospital. the body was discovered yesterday. today the hospital confirmed the identity. cheryl joins us from sm general and what is the explanation? >> well, hospital officials de announcement here today. they believe the woman found here on the fourth floor of this hospital is the same woman reported missing on september  21st. today was the day to answer all of those burning questions, but, instead, we got limited answers. >> this has shaken us to our core. our staff is devastated. we don't know what happened to this woman. >> reporter: sm general chief medical officer made the identity of tuesday's grim

discovery official. >> what happened at our hospital is horrible. we're here to take care of patients. >> reporter: but something went terribly wrong on september 21st when 57-year-old lynne spalding was reported missing. >> we don't know how she came to be in the stairwell yesterday, how long she had been there or what caused her death. >> reporter: family spokesperson david perry said spalding was admitted to the hospital to be treated for an infection, but he says the family has very little information about her condition. >> wherever the facts lead us, we need to know what lynne's condition was and what she was being treated for and frankly what medication she was on and what state of mind she was in on 10:15 a.m. >> reporter: that's when family and friends started posting fliers and searching the entire city to find out she never left the hospital grounds. the friend made an emotional plea to hospital officials. >> what is the next step you're dpeg to do to make sure this does not happen to anyone else?

you're not going to find, lynne would stillka[÷ be alive today maybe somebody checked the stairwells. >> reporter: spalding worked in the hospitality industry and she was laid off a couple months ago. she is a mother of two. she has a 19-year-old son and a 23-year-old daughter in which she lived with. coming up at 6:00, we'll hear more from her friends about this tragedy. reporting live in san francisco, i'm cheryl hurd. more legal trouble for aldon smith. nbc bay area was the first to report this development. the district attorney has filed felony criminal charges against the football player in connection to a house party at his south bay home last year. these latest charges are in addition to two civil lawsuits filed against smith. our chief investigative reporter who broke the story joins us from our newsroom. tony, the other issue here, not

many people are talking about it, how much longer will the 49ers tolerate this behavior? >> one of the issues they're considering. the district attorney today filing those formal charges against the 49er superstar. last month's dui arrest and three new criminal counts of illegally pozezing an assault weapon. >> it's very serious to possess -q so dangerous. >> reporter: that santa clara county attorney jeff rosen after formally charging aldon smith. weapons found in smith's home during the investigation that followed a shootout at a party smith hosted last summer at his home in the foothills east of san jose. >> one of these assault weapons was taken by somebody at the party at some point and walked around the party with this assault weapon and then returned to mr. schmidt's bedroom. >> reporter: the d.a. criminal

complaint pozssessing three assault weapons. and a bushmaster carbon rifle. investigators found several large capacity magazines on the floor of smith's bedroom, amunition in several calibers both expended and unexpended. >> we're very grateful that no one used one of these assault weapons at the party because there may have been great carnage if that happened. >> reporter: after the 49ers practice this morning, coach jim harbaugh answered questions. >> we just reported that three felony charges against aldon smith in connection with the weapons and his party in 2012. >> the organization has is a statement. my comment would be we're aware of the incident that you're referring to and serious nature of it. and, you know, we're all accountable for our actions, good and bad. so there's a process, due process, other processes that will take place and don't feel a

need to comment further. >> the district attorney says evidence requires a more serious charge because smith's blood alcohol test came back above 1.05. the 49ers pro-bowl linebacker is on leave from the team and entered a rehab facility and now expected to turn himself in after leaving that facility later this month. and on the weapons charges, penalties range from no jail time to as much as more than four years in jail. >> okay, tony. going from bad to worse for aldon smith. 49ers released this statement today. he heard from jim harbaugh and this is the official team statement. we recognize the serious nature of the situation and will continue to monitor it closely. we should note the league office, the nfl office is also following this case very closely. we have more on our website, we'll also have more on our story on the 6:00 newscast and

we should add many of our best stories come from our tipline. if you want to connect with our investigative unit, give us a call at 1-888-996-tips. day nine of the government shutdown and still not much movement. nancy pelosi and east bay congressman eric squallwell are among the house democrats that met with president obama at the white house today moping to figure out a deal. >> we are giving 200 votes and others have said. 200 votes to open government, to go to the appoint to go to the table to discuss the subject and that is to say, yes, republican leadership in the house, we accept your number and take yes for an answer. >> senate democrats will meet with the president tomorrow afternoon. president obama will also meet with 18 of the 232 house republicans this week.

who is to blame, americans seem to be holding republicans primarily responsible. a new poll by the associated press shows 62% blame the republicans for the shutdown. while 52% say president obama is not doing enough. the poll also showed most americans disapprove of the way the president is handling his job. 53% are unhappy while 37% are happy. congress only got a 5% approval rating. the lengthy negotiations and plenty of news conferences but the bottom line, no deal at this hour, which means another b.a.r.t. strike is looming. the deadline to reach a new labor deal is this thursday night. nbc bay area jodi hernandez has been monitoring the negotiations throughout this day. she is in downtown oakland with the latest. jodi? >> both sides insist they do not to strike but the talks that are taking place inside this building don't appear to be going anywhere and now with just about 31 hours left until the

cooling off period expires, time is running out. >> we're making progress every day. something changes every day. so, i would tell you not enough progress to get it resolved, but it's progress. >> reporter: with less than 48 hours to go before a possible strike, b.a.r.t.'s chief negotiator said the sides remain millions of dollars apart. though they haven't given a 72-hour notice, the union says riders are ready for a policy walkout come friday morning. >> what i will say is be prepared. that's the girl scout motto. be prepared. i don't know what's going to happen. >> reporter: as negotiators weigh their options behind closed doors. >> that is the lumbar. >> reporter: b.a.r.t.'s marketing team asked riders to weigh in on another matter. the type of seat they would like to see on b.a.r.t.'s fleet of the future. >> today we're asking people to sit in each one and feel if it's comfortable for them and tell us what feels good and what feels

bad. >> reporter: but some riders say new seats take a back seat to their strike worries. they won't feel comfortable until the threat of a walkout has been averted. >> after you get the contract right, no problem, but we might not never get to sit in a seat if you don't all get it together. >> reporter: now, negotiations are continuing tonight inside this building. both sides say they do believe they still have time to reach a deal, "? for right now, b.a.r.t. riders are left to wait and worried. i'm jodi hernandez, nbc bay area news. >> thanks, jodi. it all comes down to this. the faceoff at the oakland coliseum tomorrow night. the a's against the detroit tigers to see who moves on to the american league championship series. to follow yesterday's thriller in detroit, they lost 8-6 forcing tomorrow's game five. each team has two wins apiece.

here's what you need to know if you're going to the game tomorrow. the parking lot opens at noon, but you'll be fighting for spaces because singer pink is also performing in oakland at the arena that night. parking will cost you 25 bucks before 6:00 p.m., $35 after 6:00. the a's are strongly encouraging everyone to take b.a.r.t., which is still running right now. the coliseum gates open at 3:00 p.m. the 1989 world series mvp dave stewart will throw out the ceremonial first pitch. the a's and their fans are hoping history won't repeat itself. this is the second year in a row the a's are squaring off against the tigers in a decisive game five at the coliseum. and last time the tigers won that game five 6-0. well, still to come here at 5:00, she'll be one of the most powerful women in the world, former uc berkeley professor is being appointed by president obama as the chair of the federal reserve. the reaction from the cal campus. find out what the government shutdown is doing to one

school's dream of building sand castles on the beach. and after a few showers in san jose for today, that cloud cover continues to increase throughout parts of the south bay. you can see it on our sky camera network tonight. i'm jeff ranieri. we'll track what that means in the full seven-day forecast, coming up.

hundreds of bay area school children woke up to disappointing news. their big sand castle making contest is a victim of the federal shutdown. 500 kids were expected to take part in the 30th annual sand castle contest on ocean beach in san francisco this saturday. well, instead, organizers said the event is canceled because ocean beach is on national park land. the event raises money for the organization leap that brings

art to school. >> some of my classmates were crying about it because they really wanted to do it, but then they couldn't do it. and i was about to cry, but i just wanted to hold it in. >> the national park service did not return our calls for comment. organizers are hoping the event can be rescheduled once the shutdown ends. an historic choice in washington which is being felt here in the bay area. nominating janet yellen to one of the world's most powerful positions. chair of the federal reserve. our business tech reporter scott budman has the news from both washington and berkeley. janet yellen heard applause at the white house when she was nominated to head the federal reserve. the vice chair who, if confirmed, would be the first woman to lead the fed says there is lots of work needed to boost our nation's economy. >> too many americans still can't find a job and worry how

they'll pay their bills and provide for their families. >> reporter: 3,000 miles away, uc berkeley's haas school of business where yellen taught for three decades is reacting with pride. andrew rose worked with yellen for 28 years. >> it's a great thing for the country. it's a great thing for the world because national events are driven by monetary policy and great thing for burky and not so great for me personally. >> reporter: with the nobel prize and a fed chair nominee, it's been a good week for cal. they're confident yellen can keep the economy as steady as possible. >> i think she'll be fine. she's continue bernanke's policies which are the appropriate things to do. >> reporter: while on the other code, so is the president. >> she is a proven@n leader. and she's tough. >> reporter: a toughness that will be tested by washington and by wall street.

scott budman, nbc bay area news. stanford university is also celebrating tonight for the second time this week. a professor has won a nobel prize. this time for chemistry. on monday it was for physics. professor michael leavitt got the call just after 2:00 this morning. the 66-year-old has been at stanford since 1987. levitt helped lay the foundation set that enabled scientists to create computer models to predict chemical processes. sped up research into new drugs. his honor is like an adrenaline rush. >> like a real adrenaline and my pulse gone up. >> he is a professional at stanford cool of mschool of med. he shares the medal with two other professors. they will split $1.2 million. >> nobel prizes, the federal

reserve and then there's us. >> jeff ranieri, how are you doing? chief meteorologist. >> while, thank you. the both of you, two, from the bay area. might i add. local celebrity. >> thanks for the kudos. >> let's look at the doppler radar and we did track a few showers in the south bay and right around the lunchtime hour and it has since cleared out and that storm system on a quick move down across southern california and now impacting los angeles. have a quick hopper flight tonight and a few delays on the tarmac down into l.a., but, otherwise, we're looking good when it comes to wet weather getting out of the picture. maybe with that storm pushing to the south, it's dragging down a lot of cool air from the alaska region and that's sitting over us here as we head throughout the next 24 hours and mainly that's going to be dropping our temperatures. the coldest tomorrow morning. likely up into the north bay and low to mid-40s and santa rosa 44 and also mid to upper 40s from san jose right into the valley.

so, yes, get that jacket ready for tomorrow morning as it is going to be a chilly one. here's the great thing. our first look at our thursday forecast. plenty of clear skies. no chance of rain at all for tomorrow. we'll have sunshine there at 11:00 a.m. and temperatures mid-60s by the bay and just a touch warmer tomorrow inland but conditions in the upper 60s and, again, sunny skies. live sky camera network shows instability here at the south bay. orgraphic lift happening across the mountains. you get moisture in the mountains and help to elevate it with this 125 knot jet stream up above. so, there's just a very slight chance you may see a stray shower near mt. hamilton tonight and otherwise we're looking all good. otherwise as we bring you off to the north, that clearing tonight with isolated 40s possible up into the north bay. so, again, that's where it is going to be the coldest for us. let's get you into the daytime highs for tomorrow. warm up for us, but not extremely mild for this time of year. 72 in san jose and also 70 in

gilroy and 72 in palo alto. very consistent on the temperature board, again. when you get a system moving over, it helps to level everyone off. 74 in concord and also 75 in walnut creek. down towards half moon bay chilly at the coast with 63 but we should get rays of sunshine there tomorrow. and fog free and 70 in san francisco also 71 in oakland. with all this nice weather coming the next two days it may have you heading up to the sierra. of course, the ski resorts arenar aren't open for skiing just yet. if you're heading there tonight, watch out for the slick roadways right at about 6,000 feet. on your seven-day forecast. you can see, windy in the hills for thursday, but start to clear out with plenty of sunshine right through friday and also saturday and then throughout sunday, that cloud cover starts to build and stay throughout columbus day and a dry forecast, temperatures near 80 and then throughout tuesday and wednesday, here's the

interesting thing to note. we are going to watch a system that is going to be off shore and it could even produce some showers by about late next wednesday and also into thursday. so, a decent average and so far seems like about one system per week and i will take that considering how dry it was last year. >> i will take it, too. >> the orographic lift. >> yes. still to come here at 5:00, find out how obama care will affect women other

. did you walk to school today? families across the bay area celebrated international walk to

school day. kids rolling their back packs converged on carolyn clark elementary school in san jose this morning. international walk to school day happens every october in more than 40 countries. it di3áuq" in 1997 and now promotes safe routes to school. athletes will no longer be able to file for worker's comp in california. the new law is aimed at players who don't spend much time on california teams. now, governor brown signed the bill to prevent such athletes from filing so-called cumulative trauma claims which are injuries that develop overtime like brain injuries and arthritis. unlike many systems california's workers comp recognizes cumulative trauma. this new law closes an expensive loophole in california. in health matters tonight, a diet pill is being yanked from store shelves nationwide. oxy elite pro claims to act as a health burner. linked it to 29 causes of liver

failure or hepatitis. the maker of it believes its products are safe but will stop distributing them in the u.s. out of an abundance of caution. a wellness check up free under the affordable care act. one of the most dozens of preventive health tests will be covered by insurance, patients pay no co-pay or deductible as long as the doctors are in their network. also included mammograms, obesity screening and all vacci vaccines. employer-based plans will also be required to offer these tests for free. experts say exercising preventative medicine will lower health care costs down the line. the father of a 9-year-old stow away who flew across the country without a plane ticket is pleading for help tonight. the father who didn't want to be identified spoke publicly with the family friend by his side. last weekend you might recall

his son made his way through tsa security checkpoints in minneapolis and then got on a delta airlines flight to las vegas without a ticket or boarding pass. the boy has been in trouble before last week he stole a delivery truck and crashed it into a police car. >> if i was with my son, i get locked up. if i let my son keep doing what he's doing, i get in trouble. somebody please help me. please. >> the boy remains in las vegas in child protective custody. his parents are pleading for their son's return and for some help in parenting him. delta airlines and the tsa continue their investigate the situation from what happened in minneapolis. an animal rescue that wasn't easy. that's next. [ female announcer ] safeway presents real big deals of the week.

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happening right now at universal studios in orlando. a roller coaster stuck. it's really hard to see, but in the center of your frame. you could see the dark train, the tracks there. 12 people are stuck on the hollywood rip ride rocket roller coaster. this is the tallest roller coaster in orlando. no word on injuries yet, but they are working to free those passengers. finally here at 5:00, no time to be sheepish when lives need to be saved. this is video from iceland where two sheep and a lamb were stuck on a cliff for several days. today rescuers repelled down the cliff to get the animals. the lamb didn't make it easy,

though. ranning away every time the rescuers got close. eventually all three hoisted to safety. >> they are free. . on our broadcast tonight, coming home, as fallen soldiers return to american soil, washington still can't put partisan politics aside to get these families the benefits they were promised. so in the midst of this government shut down, a charity steps in. a warning about how hard this could hit mortgages, savings and retirement and making a difference. the extraordinary families who have decided that making kids happy is the best way to remember the children lost in an american tragedy. also the president introduces to the nation the woman who most be the most powerful in the world. nightly news begins now.