so that no mother... granddaughter... sister... daughter... mother... go through what my wife had to go through. (man) register today for the... and receive $25 off your registration fee. because everyone deserves a lifetime. breaking news in san francisco right now.. good afternoon to you, i'm allen martin. sydnie has the day off. we have some breaking news in

san francisco to tell you about right now. there's been an officer- involved shooting in the south of market area. now, this is 10th and howard. and that wheelchair is a key role. the details are still coming in but witnesses say an officer shot a homeless man who was in that wheelchair just after 10 a.m. a police spokesman says that the victim had a, quote, less than lethal weapon on him. he was taken to the hospital. this was the fifth officer- involved shooting in the past few weeks. we'll have details later another developing story is pickup truck falling into the bay off of highway 92. the truck is now upside-down in some shallow water there. there was one person inside that got out. the person is not hurt. this is the east of san mateo bridge toll plaza. you can see that in addition to the truck, cables strewn all around that year, too. apparently those were all in the bed of that pickup truck. the work truck. we're told the truck was going

westbound at the time of that accident. well, some folks in marin county are pushing hard to stop the installation of the smartmeters by pg&e. today, the board of supervisors are hearing the case. simon perez reports. >> reporter: the supervisors are hearing from those people right now. people who say that those smartmeters that belonged to pg&e are unsafe, insecure and un-american. the people who live in marin county told their supervisors today they shouldn't have to take pg&e's smartmeters if they don't want them. >> there are very serious health, privacy and safety issues. we're asking the commission to go back and rethink its decision and to allow people to have an option to opt out. >> reporter: the meters have been rolled out over the past month in marin county and are designed to give pg&e, better more efficient control over energy distribution. pg&e insists the machines are safe and don't pose health or

security threats. >> you're under arrest. >> reporter: last week deputies arrested two women who refused to get out of the way of pg&e contractors who were installing the meters in inverness. >> this is america. we have freedom of choice and that's what we want to see carried out. >> i would like a time-out. i would like us to put on the brakes until we have had the opportunity to really have the discussion and to see if our state legislators and the pcuc can come up with some alternatives for people who may not want to have this type of technology at their homes. >> reporter: supervisor adams point out that pg&e is controlled by the state and only responds to the california public utilities commission. it doesn't have to listen to local governments. >> the more the public starts screaming, i think we have a governor in office now who may actually listen. >> reporter: so far, smartmeter opponents claim the government has ignored them. >> not very responsive. almost indifferent towards the public. but again, we have constitutional rights and we are going to press them before

the commission. >> reporter: more than three dozen people have signed up to speak about this issue and they are talking to the supervises about it right now. every time we have done in story, pg&e insists it is willing to talk to anyone, answer any questions, allen, about these smartmeter issues. why they think they're good, why they think they're safe and why it is they are installing them. >> simon perez in san rafael, thanks. got another legal twist in the fight over california's gay marriage ban. a federal judge in san francisco has already ruled the gay marriage ban violated the constitution. so the issue is now before a federal appeals court. but just this morning, the panel kicked that case back down to the state supreme court. it wants the judges there to weigh in on whether prop 8 backers have legal standing to challenge the ban. right now the coast guard is coping a close eye on a fishing boat that ran -- keeping a close eye on a fishing boat that ran aground in half moon bay. it's on its side on the beach. the boat has 2,000 gallons of diesel fuel on board. and the concern, of course, that that could leak. so far, the coast guard says

there is no sign of environmental damage. the boat got stuck at 1 a.m. and this is a theory as to why. >> at this time it's under investigation by the coast guard. sounds like they were coming back in from fishing and it's under investigation. >> all three people on board were able to get off the boat when the tide went out. the boat's owner we are told is helping with the salvage effort. a man in san jose's describing the dog attack that he suffered in the blossom hill neighborhood. 78-year-old bob ferguson went out to walk his own small dog on saturday on a cul-de-sac on uvas court. now, he says as he turned around to head home, he saw a boxer and a labrador retriever inside his garage. they charged, knocked him over then he says the boxer kept biting him. >> he was trying to get my throat. i went like this. i was protecting my dog.

and he was trying to rip my coat and get... and, uhm....... i screamed for help. >> a neighbor ran out and chased those dogs away and mr. ferguson needed 10 stitches there on his ear plus he had some bites on his arm and the top of his head. san jose animal control has taken one of the dogs and is, of course, investigating, but this is the second dog attack in about two weeks in san jose. it was december 20 a 41-year- old woman was mauled by two pit bulls outside her home on white sand drive. a neighbor also came to the rescue but she did suffer some very serious wounds. oakland's new mayor got right to work today meeting with oakland police officers and she is hanging tough on one major issue. >> as long as oakland is the only city where the police officers don't pay anything into their pension, it's going to be hard to keep the numbers of police on the street that we need. >> mayor quan has a pretty full agenda on the day after her inauguration. this morning's private meeting with police is one of several she is going to have with all

of the city's officers. the mayor wants to re-open negotiations with the union on officers' pensions right away. governor jerry brown tackling his new administration's number one issue the state budget. he and his finance director are meeting today with county government leaders from across the state. they are discussing california's budget challenges and brown's commitment to return decision-making and authority to local governments. a large deep pothole on highway 880 or interstate 880 in oakland has closed two northbound lanes. the hole is at high street near the coliseum exit. you see from chopper 5 the hole goes actually all the way through the roadway. emergency repairs are going on but we are told the lanes will be closed until 1:00. you might want to take an alternate if you are driving in the area. in other headlines, six police officers in antioch still have their jobs for now thanks to some private donations. the officers were supposed to be laid off last week because

of budget troubles. the "contra costa times" reports the donations will help pay their salaries until january 21st while the city tries to win concessions from the police union. if you have a habit of double parking in san francisco or just not feeding the meter, watch out. muni is cracking down on tickets since parking police haven't written enough citations this year to fill their budget quota. the agency is trying to make up for a $21 million budget shortfall. the end of an era for nancy pelosi. what the san francisco democrat is looking forward to and michael jackson's doctor back in court on manslaughter charges. why prosecutors say he waited so long before calling 911. and how you can save almost $70 on your next flight out of town. hi, i'm meteorologist lawrence karnow in the cbs 5 weather center. started out cold and foggy around much of the bay area. sun coming out now. how long will it stick around? we'll talk about that coming up. ,, ,,,,,,,,,,

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super poligrip free made even the kiwi an enjoyable experience. [ charlie ] try super poligrip free. nancy pelosi on her final day as house speaker. "no, grets. this no regrets. that's the message from san francisco congresswoman nancy pelosi on her final day as house speaker. >> no, we have no regrets. this house has over and over again sent to the senate legislation for job creation, which the republicans in the senate held up. deficit reduction has been a high priority for us. it is our mantra. pay as you go. unfortunately, that will be changed now. >> in a bit of bipartisanship, pelosi congratulated republican john boehner on becoming the new speaker of the house tomorrow. she says she is looking forward to working with republicans in

solving the country's problems. sources say that a navy commander who produced and starred in some raunchy videos has been permanently relieved of command. navy leaders say that captain owen honors has been reassigned to an administrative job. honors made and showed the video several years ago when he was the second in command of the uss enterprise. the videos were obtained by a virginia newspaper. michael jackson's doctor is in a compromise in l.a. today for a preliminary hearing on manslaughter charges. dr. conrad murray could stand trial in the death of the pop star. sandra hughes on how prosecutors are outlining their case against him. reporter: michael jackson's mother and brother jermaine are arrived for the first day of hearings to decide if the singer's personal physician should stand trial for involuntary manslaughter in his death. prosecutors are likely to argue that dr. conrad murray gave jackson a lethal dose of prescription drugs in june

2009. dr. murray admits giving his patient the anesthetic propofol to help him sleep but he contends he did not administer a life-threatening amount. defense attorneys may argue that jackson killed himself with an overdose of the powerful drug. this hearing, like just about anything concerning michael jackson, is attracting lots of media attention. it's expected to last about two weeks with more than 30 witnesses take the stand. and as usual, jackson fans are also here to see what unfolds. >> i'm here to see him get justice. >> reporter: what do you hope, you know, happens with dr. murray? >> i hope he get what he deserves. >> reporter: murray thanked his supporters on youtube in 2009. >> i told the truth and i have faith that the truth will prevail. >> reporter: prosecutors will call medical experts, investigators and staff members who were around murray and jackson in the days and hours before the singer died. the judge will decide if there is a strong enough case for a

trial. if that happens, a guilty verdict could mean four years in prison for dr. murray. sandra hughes, cbs news, los angeles. >> prosecutors say dr. murray waited nine minutes after jackson stopped breathing before calling 911. this is her 7th birthday party. two years later she would be in charge raising her siblings. today she is going to be honored as our student rising above. ,, ,,,,,,,,,,,,

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is picking up the parking tab.. for travelers heading to well, you planning a little getaway? oakland airport is going to pick up the tab for parking for travelers heading to southern california anyway. if you are flying down to l.a., san diego or long beach, you can park for free tuesday through thursday up to 72 hours. normally that would cost you almost $70. that offer will last until february 10. kind of an early valentine's day present. let's get a look at the sunshine that's kind of a present these days, huh, lawrence? >> i was going to say why leave? you don't want to leave here. except it's cold in the morning. we have the frost towards san jose, check it out. these are the days i used to love to slide across the grass. it was frosty and foggy in parts of the bay area. i think we are going to see that play out again tonight and maybe the next couple of nights. we have started to thaw out nicely over the bay right now. you have nice clear skies, you

can just see a couple of patches of fog there in the distance. looks like the clear skies are going to stick around toward the coastline, plenty of blue skies and sunshine there. temperatures just beginning to warm up. so this afternoon, we are planning on lots of sunshine all around the bay area. the temperatures are going to be running in the low to the upper 50s in some of the warmest spots. tonight, that fog will be back once again and watch out you will see some cold temperatures probably frost showing up again chilly temperatures into the 30s and 40s. catching a nice sunny break from all the stormy weather. high pressure system well to the north now keeping us high and dry. if you are planning to ski, looking good. chilly temperatures by night. by day, great skiing conditions and, of course, just plenty of snow to ski on up there. numbers looking like this around the bay area this afternoon. 58 degrees in sunnyvale, sunny skies there. 58 milpitas and 57 degrees in union city. east bay temperatures running up into the 50s maybe a little cooler because of the influence of the low clouds and fog this morning as you make your way into the central valley. still, we're going to try to

squeeze in some hazy sunshine there. north bay temperatures in the 50s as we head in toward the afternoon. and how about the overnight lows tonight? they will be chilly in spots down to about 32 degrees in fairfield, freezing in santa rosa and you're going to see some fog about 35 in livermore and 42 in pacifica. next couple of days the big concern will be the low clouds and fog early on in the morning hours and late at night. otherwise we are going to see plenty of sunshine, hey, tell you what allen, you know what, temperatures might even sneak up to the low 60s as we head in towards thursday and friday. that's the latest from here. back to you. >> thank you. she is an honors student and will be the first in her family to go to college. but one bay area teenager's biggest accomplishment at least so far may have been at home. wendy tokuda introduces us to this week's student rising above. reporter: the video shows a little girl on her 7th birthday. >> make a wish, yeah! >> reporter: it seemed like a

perfect time but charlene craner was already beginning to see changes not apparent in idyllic home video. drugs were creeping into the home and would eventually destroy her parents. >> my dad went on drugs, he didn't want her anymore. so when she realized that she didn't have that family anymore, that's when she got hooked on heroin. and for her, i know, it's been -- that took way her whole life. >> reporter: the family moved from place to place, then fell apart. her father left. her mom was shot twice on the street. sometimes she is there, mostly not. now the kids live with a grandfather. charlene is in charge. >> it started when i was 9 just getting them up for school making sure they got their clothes on for school, cooking dinner for them. >> she is in charge running a household. she has to be on top of her siblings, make sure they not only get their work done but that they're fed.

in addition to mothering them, essentially takes care of her older grandfather. >> come on... >> reporter: this teacher says charlene's situation is not unusual at oakland high. >> there are kids walking these halls everywhere around you who can speak to domestic violence, rape, abuse, drugs. all of that. but they use it as an excuse. >> reporter: but charlene does not. >> when is the ap exam? >> reporter: she has a 3.7 gpa. and in a school district with a 40% dropout rate, her teacher says charlene makes smart look cool. after school, she and her sister catch the bus and head to a college prep tutoring program called, college track, making sure her sister and brother are on track is key. >> i consider them my kids in a sense, getting them out of oakland and like into college is something that's really, really important to me. >> she's decided to be the

mother that her brother and sister don't have. she is stepping up to give them some semblance of hope for the possible families they can have one day. >> control center of your life is your attitude. >> reporter: it is possible that kids without parents to find support, says charlene. and someday she hopes that support and an education will help her bring happiness back into her own home again. >> thank you! >> reporter: and make moments like these more than just a memory. >> the students rising above scholarship fund will help charlene and kids like her get an education. if you would like to help go, to studentsrisingabove.org to find out more. coming up, if you feeling lucky?? are ya?? the mega-- and we mean mega jackpot up for grabs tonight. ,,,,,,,,,, 3q

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boldness adds so much to so many different recipes because the flavor is outstanding but you need to select and store them properly or all that flavor that they have and ingredients will be depleted and you don't want that when you buy arugula. let's talk about selection. this is a perfect bunch of arugula. nice and green all the leaves standing straight up like this no decaying whatsoever. all the way around the arugula. when you bring it home, simply store it in the refrigerator and if you store it in that plastic bag, open up the plastic bag so it can breathe. otherwise, they will start to decay. they are loaded with nutritional value. and the biggest tip i can give you when you buy it, buy it and enjoy it that day or at the very most the next day. i'm not kidding you. if you wait too long, their flavor and boldness will be depleted and you don't want that. i'm tony tantillo, your fresh grocer. and always remember to eat fresh and stay healthy. i'm taking this home! >> you better pay for it.

coming up at 5:00 you think you eat healthy. well, you might have to eat your words. a reality check on how many people are in denial about their diet. that and more coming up at 5:00 tonight. all right. you have a chance to strike it rich tonight. then you can eat any way you want. the mega millions jackpot up to $330 million. the thursday largest mega millions prize ever. the odds something like one in 175 million. but you know, worth a shot. >> could happen.

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