tried to get her to jump out but she wouldn't jump out so i had to jump back in there. >> the pair of them are safe and sound. the fire is out and we will have more information as we get it. >> earlier we heard that at least one person suffered from smoke inhalation. >> we did hear reports of smoke inhalation and three people were rescued from the building so firefighters had to go in and grab those people and of course the girls who jumped out the window. >> how big is that apartment complex? >> it looks pretty big. several dozen units. it takes up a whole city block almost and they are two-story units. the >> obviously scary for the

residence in that apartment building. >> she woke up and said she saw smoke and jump out the window. >> fortunately everyone got out with that only one injury and it appears everyone is safe. >> city leaders cannot seem to agree on what is causing this year's rising crime in san jose. last night the city council held a steady session while the police officers association hosted a community gathering. the union says budget cuts have left them understaffed >> this is not a political meeting at all, it is a crime prevention workshop. there has been a significant increase in crime >> the long-term trend is down so san jose remains one of the safest big cities in the country >> there were eight homicides in

august but there have not been any in nearly four weeks >> police hope surveillance images will help track down a burglar. this break-in was on line street last month and it shows the man ringing the doorbell before finally entering the home through an unlocked door in the back of the house. if you know to this person is police would like to hear from you. and students cello goes missing from the san francisco conservatory of music but the thieves did not make a clean getaway. the instrument was taken on sunday afternoon. the father of the student posted these pictures on line of a couple he thinks might be the culprits. they entered the building empty-handed and left with a cello. the classical instrument is priced at $10,000 >> a new poll shows that mitt romney is losing ground on three swing states considered crucial

for his chances of beating president obama. >> his debt in the polls come after a secretly taped video recording of him making controversial comments at a fund-raiser was released and it is also 48 days away from the election. the latest cbs news new york times poll shows that in colorado president obama has a leading ann romney which is a change from august. in virginia the president has extended his lead and in wisconsin the president maintains the same league he did in august. the romney campaign is trying to get back on track after mother jones released a recording this week >> my job is not to worry about, they should take responsibility and care for their lives. >> also indicate romney told donors that 47 percent of americans pay new income taxes

and they believe they are victims entitled to government help and will vote for the president no matter what. he went on fox news yesterday not to apologize but to clarify >> course your right there are a number of retirees and military members for not paying taxes as if should be, but, i do believe that we should have enough jobs and enough take-home pay such that people have the privilege of higher incomes that allow them to pay taxes. i think people would like to pay taxes >> president obama made an appearance on the late show with david letterman. >> one of the things i have learned as president is you represent the entire country. my expectation is that if you want to be president you need to work for everybody, not just some of them. >> president obama ridiculed by romney's claim. mr. obama said the president needs to be the leader of all

americans including 47 percent. the candidates will have their first debate october 3rd. >> you can watch the entire private fund-raiser video on our website cbssf.com. new this morning, the final flight for the space shuttle endeavor heading west from florida today. it will get as far as houston today and tomorrow is on to edwards air force base. on friday, the final flight on top of a jumbo jet. it is expected to fly over the bay area before landing at lax. we hope there is not a lot of cloud cover that morning. >> let's go upstairs at the, what you think? >> id will be touch and go. we will see low clouds and fog that day. still, outside we see some of those clouds your broken out over the bay.

fog showing up in the north bay valley is which visibility down in napa. in the 40's in santa rosa. temperatures are remaining cooler than average, 12 degrees cooler than normal in san jose. >> it cannot be any colder than it is in the studio right now. there is an accident in vallejo that we are continuing to follow westbound 780. we're getting word that two of the left lanes are blocked so it is already stacking up according to the censors. it was a pickup truck verses another car. in the meantime i had mentioned we keep getting twitter feeds about metro delays.

delays in bound at the church street station. outbound service has been restored. many delays at the church street station. every other form of mass transit around the bay area is so far looking good. but look at the ac transit mobile 5 camera off the fremont bridge. we will check in with them in a little bit and look at more road conditions around the bay area. >> in world news, after a week of deadly international protest against an anti is long thrown. a french magazine is fueling the debate against freedom discretion and the offense of provocation. a magazine published cartoons featuring a figure resembling the profit mohammed. the issue hits newsstands today. the magazine's director contends that they're not feeling the fire but rather

commenting on the news in a satirical way. more protests about that video made in the u.s. that ridicules the profit on it. hundreds of afghan university students gather today chanting anti-american slogans and burned a u.s. flag and an effigy of president obama. >> it is back-to-school time in chicago and teachers have ended a seven day strike. the of the accepted a compromise agreement on a three- year contract with mayor rahm emanuel. the entire 29,000 member union past to rubber stamp it. teachers walked off rejecting longer school days in the valuations tied to student performance. >> another warning of a tuition hike in california. >> the trustees are going to be

voting on this plan today. the finance committee approved yesterday but ultimately will be up to the voters. we're talking about a 5 percent tuition increase for the cal state system. they call it a contingency strategy if california's proposition 30 does not pass in november which means $250 million funding cut to the state system. under the plan, tuition would go up 5%. in state undergraduates would pay 150 more dollars per semester ringing tuition to more than $6,000 per year not including fees or books. if proposition 30 passes this plan would be thrown out and part of the increase could be refunded to students. governor jerry brown is pushing the measure which would increase sales tax on high earners. a lot of students are upset

about this after seeing several tuition hikes in recent years and they say they would rather see the money come from executive pay and benefits. >> coming up, what actress lindsey lohan's is busted again, this time in york city. >> why a school is banning its popular fathered daughter dance. >> she is not old enough to read but she has written a book. you'll meet an author who gets this week's high 5, coming up.

>> lindsey lohan's is in trouble again. p&g reports that 26 rolled actress was arrested in york

city after allegedly hitting a pedestrian with her portia and then leaving the scene. she was pulling into a hotel when the accident happened and she was charged with misdemeanor and released. >> the school district in rhode island is putting an end to a traditional father mother and daughter dance. >> is sending because of a letter from the american civil liberties union. it happened because of a complaint from a single woman whose daughter had no father figure to take her to dance. >> i truly believe that no one intended to hurt anyone's feelings with this, they wanted to be inclusive, but they also like a traditional activities >> earlier this year the schools had to remove a school prayer banner because of a lawsuit. we have been asking what you think about the school band and the dances? catherine says on

facebook, are you kidding me? i'm a single mother but i will not ruin the tradition. comment on facebook or twitter or e-mail us. >> could you go to a father daughter dance? >> i did, they had a yearly tradition. it was very nice. hi dad! i doubt he is watching. let's go outside, a live look at the bay bridge toll plaza. no metering lights right now and this is usually the time that they turned on. the usual commute here and not too bad if you're heading across the upper deck right now. ac transit mobile 5 is traveling on a lower deck of the

bridge. we put a camera on the ac transit bus and they're heading out towards the mcarthur maze. let's go towards bar, so far all lines are running on time so no delay including the downtown san francisco's stops. westbound 780 approaching women street, to still two lanes blocked. we're no longer seen any big delays but just a heads up, apparently the winds are still blocked. that is a look at a time saver traffic. >> leaves are coming off some of the trees outside, the fog is starting to move back on shore this morning. a little bit thicker especially in the north bay. low clouds and fog will begin to break up as we head into the afternoon.

temperatures will stay cool towards the coastline, fairly mild for this time of year. bigger changes heading towards the weekend. the area of low pressure is still camped off the coast line. the sea breeze is bringing in some low clouds and fog this morning. we should see afternoon clearing and then we should start to clear things out there as well. partly cloudy skies from houston to chicago and new york. around the day we will find low '70's into san jose. 60s at the immediate coast. well inland to find any 80s today. inside the day the temperature is mainly in the 60s with a couple of fifties. it looks like the next couple of days the temperatures will warm up just a little bit and then we will cool down again as

we head into fall. >> this next door is amazing, this little girl cannot read yet and can only sign her name but she has already offered her own book. >> she is full of personality and an incredible spirit of giving back. she is also this week's high five. >> say hello to carli abercrombie, she authored a book and she is only five >> i like doing funny stuff for people. >> is the world according to carli, a 20 priceless pages of wisdom from a sweet little girl who apparently has a big sense of humor >> can you make that face for me? your good it that! >> she was continually saying funny stuff and i would pose

some of it on facebook and people were laughing and telling me how funny they shot she was >> she decided to share her views in a book >> as we were walking off the plane the pilot was greeting everyone in st. thank you and she walked up and said >> i didn't like the flight or a landing either. the people laughed and the pilot >> she is a baby sister of four and she is a giver. so far 150 books have been sold raising $2,000 for a nonprofit that gives needy families a meal in gifts over the holidays >> i like giving toys away and helping kids. >> is that why you wrote the book? >> yes. this is for you >> she will even autograph your copy.

this week, little carli gets a bigger high five. she is adorable >> you just fall in love with her. >> she has a book signing in the parking lot of the sutter tracy hospital and if you're wondering, she is working on another book. >> speaking of kindergarten, lots of kids are back in school now. many events are going on at schools and we want to hear what is cool about all the schools. you can e-mail us or facebook or twitter. five reasons why your school should be the cbs five school of the week and we might make a trip out your school and will be featured on cbs five.

>> chime in on our website and we will take a look at them. >> coming up, a bay area students prized cello stolen. >> on a wild card watch, the a's road trip starts with a bay in but not from their bats. highlights are coming up.

>> low clouds over the bay right now. don't worry, we will fix it. sunshine towards the afternoon but a little bit cooler in spots. >> checking some bridges around the bay area, look at the middle camera at the bay bridge, metering lights are on and we

see delays that cannot be on the first over crossing. much more coming up in 10 minutes. >> the oakland a's stay on top of the wild-card race despite a bad start their road trip >> a.j. griffin taking his first major league loss after six victories. miguel carrera could be the 12-2, the final period 10 lincecum held the rocky scoreless at at&t park until the sixth inning. angel added to this san francisco record with his 14th triple of the year. the giants magic number is down to seven. >> before tonight's game the giants will honor of the little league baseball team from petaluma. they finished third place in the world series. the a's had a ceremony for them last month.

when the oakland a's did it they got 20 rounds >> hopefully these guys will bring the giants some luck. the play of the day, the white sox and royals. keep your eyes on david low because he is superman, getting vertical. good enough for the play of the day. coming up, a surge in swing states. which candidate is waking up with some very good news. >> who leaked mitt romney candid comments to the press? >> a terrifying escape in san jose. what one woman said she had to run back into a burning apartment.

>> good morning everyone. is wednesday september 19th. >> a san jose woman runs back inside a burning apartment all to save her dog >> the space shuttle endeavor kicks off its journey to california. >> we were talking about a campaign and how he will get close to half the vote and i will get half the vote >> my expectation is that if you want to be president you need to work for everyone. >> president obama is pulling ahead of mitt romney in battleground states. >> the dip in the polls comes at a time when he has been knocked off message. >> chicago teachers have ended a seven day strike and are going back to work.

>> health officials and the navy say tonight that they have looked at the data and there are no harmful levels of radiation on the island. >> a makeover in the works for the 24th street bart station >> from across the bay to around the world, the stories that matter on eyewitness news this morning. >> a firefighter suffers burns trying to rescue people from a burning apartment this morning. >> one-woman there was trying to rescue her dog from inside the building. >> we are hearing that a neighbor made some rescues as well >> i can say that at least one

dozen folks who live in this apartment complex had to rush to get out this morning. firefighters broke through some doors to make sure they could get out safely. the young woman who lives in the apartment where the fire broke out search for dog before she was willing to flee the scene. >> there was a little shed below the window. i tried to get her to jump out but she wouldn't jump out so i had to jump back in >> fortunately she did make it out ok with her dog and she was apparently more concerned about her dog status than her own health. she suffered some smoke inhalation and minor injuries but she refused medical attention to take care of her dog. one firefighter was burned

through his gear, some radiant heat burned his hand through his gear. a fires can get anywhere from 800-1000 degrees. he suffered minor burns as a result. he was taken to hospital but he was walking bowl time. fire crews are still on the scene although it would appear they do have the fire completely under control. >> it is 633, city leaders acknowledge crime in san jose is higher than it should be but they cannot agree on what is the root of the problem. that prompted competing anticrime meetings last night. the union says budget cuts have left the police department understaffed. >> is a community crime

prevention workshop. there has been a significant crease in crime >> we have sat some increase from last year but the long-term trend is down so san jose remains one of the safest big cities in the country >> after eight in the month of august there has not been a homicide this month. >> thieves have struck a sad note at the san francisco conservatory of music. and students prized cello has been stolen. the incident happened sunday afternoon. the father of the incident posted these pictures on line of the couple the things are the culprits. he says day entered the building empty-handed and then left with a cello. >> the classical instrument is priced at $10,000.

>> we are learning that jimmy carter's grandson has a connection to the secret recordings of mitt romney comments as romney campaign is doing damage control. the latest cbs news new york times poll shows that in colorado president obama has a lead on mitt romney. this is a change from august when romney had a five point lead. in wisconsin the president maintains the same wheat he had in august. mother jones release secret recordings this week in which romney said that 47 percent of americans pay no income tax and believe they are entitled to government help >> by virtue of what he put in place we have seen the results over these past four years.

those results are not very encouraging. a record number of americans are now living in poverty. >> former president jimmy carter's grandson says he was the middleman between mother jones and the person who made the secret recording. >> a lot of my twitter followers have been saying it is poetic justice that a carter was the one who help get out this video there has given the romney campaign so much trouble and i agree >> president obama made an appearance on the late show with david letterman last night. he weighed in on mitt romney controversial statement. >> one of the things i've learned as president is you represent the entire country. my expectation is that if you want to be president, you need to work for everybody. >> the president ridiculed and

all americans including the 47%. romney says he believes in his comments and represent his views that government needs to be smaller. >> you can watch the entire fund raising video at our website cbssf.com. new this morning, the space shuttle endeavor is making its final flight weather delays earlier this week. it is now heading west from florida to southern california where it will become a museum exhibit. the shuttle is arriving in houston later today and on friday it is expected to fly over the bay area sometime around 830 or 9:00. we might have a little bit of cloud cover >> we hope to see it on friday, how will it look? >> i think they're flying at 1,500 ft. but today the cloud deck is at 1,200 ft. so if that

is the case on friday he will be hard to see. we will see mostly sunny skies as we head towards the afternoon. clouds and the temperature cool in spots. in santa rosa they are seeing some true fog so watch out for that at the north bay. by the afternoon we are looking at temperatures still running cooler than average for this time of year. today, eight degrees below normal at 62. 12 but degrees below average in san jose. more on the weather coming up in just a little bit. >> we're just getting word from the assignment desk about some delays possibly in the caldecott tunnel was down 24. there is a spa reported in one lane so that will not help the commute out of orinda. in the meantime, here is a look at the bay bridge toll plaza.

the metering lights were turned on before 630 so we have delays. much better news now in vallejo, the westbound lanes of 780 at women streets are back open. look at a stretch of westbound highway 4 in antioch, stop and go all the way out towards the pittsburgh-based point area. overnight road work has been picked up. a quick look at the peninsula if you're heading down towards sfo. 101 and 280 are both moving fine. >> in world news, after a week of deadly international protests against an anti islamic fell, the debate. the magazine published cartoons featuring a figure resembling a profit on it. the issue hits newsstands

today. the magazine's director contends that the staff is not fueling the fire but commenting on the news in a satirical way. more protests about that video made in the u.s. which ridicules the profit mohammed. hundreds of afghan university students gathered today chanting anti-american slogans and burning a u.s. flag and an effigy of president obama during the demonstration >> new clues about a firefighter who vanished on an amtrak trip across the country. his family believes he may have fallen off the train somewhere between colorado and nebraska. so far searches have found no sign of the missing man. amtrak police have said the 69 year-old man appeared disoriented. cal state university students are being warned that their tuition could go up again in

january. and mackovic is in cal state east bay hayward >> it has been increase after increase in the csu system. trustees are voting on another increase today but then the trustees will pass the buck to the voters who will make a final decision in november. they called today's vote a contingency strategy because if proposition 30 does not pass in november that would mean a $250 million midyear funding cut to the system. under this plan, tuition would go up 5%. tuition would be more than $6,000 per year and that does not include fees or books. if proposition 30 ends up passing, the plan would be thrown out and a 9 percent tuition hike could be refunded to students. we will certainly let you know

what the trustees decide later on today and you can follow it on cbssf.com. >> coming up, a new study finds dangerous levels of arsenic in rice. should you be concerned? we will tell you >> a tornado and fire, not a good combination. >> let's look at the early market numbers. in a mixed bag but only by a little. coming up will get an update from jason brooks.

>> an australian film maker has

released a video of a rare fire tornado. it is a phenomenon of a regular tournedos sucking up the wild fire that is burning below. they are pretty rare. this was shot last week in australia. i hope he got out of the way. >> it was an unusual sight but you cannot take your eyes away from it. lawrence is up on the roof and join the elements. >> it is a little bit cold up here this morning. the breeze is blowing and that is carrying with it low clouds and fog over the bay but is a little bit broken outside. we see some fog in in the north bay valleys. visibility down in napa and santa rosa and some delays at sfo. temperatures stang below average and there are really

only some minor changes over the next few days. big changes ahead. breezy conditions with low clouds and fog in the bay this morning. we expect some friends to be a little bit late this morning but the rest of the country is looking pretty good. mild temperatures to go along. temperatures throughout the bay area only about 70 degrees in san jose. 77 in morgan hill and 61 degrees in pacifica. you need to go well inland to see the 80s today, otherwise cool in san francisco and 62 degrees. nice and warm in santa rosa. the next few days the temperatures will be warming up

a few degrees. below average on sunday. >> unfortunately, things are beginning to heat up so we will take you towards the caldecott tunnel. the middle lane is blocked because of a stall so there are two tunnels opened to traffic heading out of iran debt but we already see quite a bit of brake lights heading towards this area. we just got another update for metro, service is back on time over the church street station. for a while there were delays inbound and outbound. for now everything is back on schedule. we will take you back outside, here is one of the live time saver traffic cameras on northbound 880.

everything is slowing nicely pass the coliseum. southbound is moving fine through a word and down through milpitas. usually around this time of the morning we start to see a few brake lights coming around the bend leaving milpitas heading toward san jose but so far the drive time is still clear. a quick look at the south bay where we see some brake lights coming up the guadalupe parkway. 280 is moving find all the way through downtown san jose. >> caltrans says that rider ship is up so it will add more service beginning october 1st. the additional runs include weekday afternoon trains. cal train is also restoring some service it previously suspended for trains on the fringes of the morning and afternoon commutes.

another milestone for apple has its stock reaches a new high. >> a never-ending story for apple watching its stock hit new heights. just below $700, you can credit heavy iphone 5 demand and sterling reviews now that some people have been able to get their hands on one. the korean times is reporting that apple will ask to triple the damages that the jury awarded it in its patent trial against samsung. according to the korean * apple will be looking for 3 billion. that will be the biggest u.s. patent award ever, nearly doubling the prior award. apple shares are slightly higher this morning. investors are happy with yahoo! after the company finally close the deal. it still owns a 20% stake in

holly baba and the company reassured shareholder sang the bulk of the proceeds will indeed go to shareholders. housing starts out and the market is continuing to look better in many regards. single-family homes are up 5.5%, the biggest gain in nearly 2.5 years. the market is mixed and pretty flat just like the last couple of days. another big sell-off in oil, under $94 per barrel. >> time for a look at what is coming up later on cbs this morning >> gala is joining us live from new york in front of the big

board. >> in front of the big board, i like this big board. bob schieffer will be looking at the fallout of the secret video of mitt romney and we will have new polls from three key swing states. one of the first people to get their hands on the iphone 5 will bring it to the studio and an intimate portrait of president kennedy and his wife, the never before seen photos of the president and jackie kennedy. here's a question for you, who has an iphone 5 at your place? >> i don't know but frank wants one >> no one has one yeah, i think they come out on friday. >> we're feeling very special this morning. >> cbs this morning starts at 7:00. >> consumer groups say there is way too much arsenic in rice and

the fda needs to take action. the agency is getting pressure and is setting new federal guidelines on allowable levels. there are allegations that the carcinogen is found in higher levels than in other foods. the fda says they have found no evidence that rice is unsafety eat. >> the bay area company just launched a new weapon on the war on weight. it is a combination of two medicines that kill your appetite. it only works in combination with diet and exercise. >> i have lost 165 lbs. in one year. it changed my life, i am happy and healthy and it worked >> it is only available through major online retailers like cbs or walgreen's and you need to pay out of pocket. coming up, a final look at your top stories >> the shuttle endeavor taking

off for its final flight. that and much more coming up

>> a firefighter hurt battling an apartment fire this morning in san jose >> he helped rescue a woman and her dog. the fire started at this apartment building around 430 in the morning. the firefighter was burned on his leg. everyone in the building was able to get out and a woman on the second floor was woken up by her dog. >> i jump out the window and

there is a little shed below the window and i tried to get her to jump out but she would not jump out so i had to jump back in >> a neighbor when san jose police officers to use his ladder to get that woman and her dog back out. she was later handcuff for not cooperating. the cause of the fire is under investigation >> a new poll shows republican challenger mitt romney losing ground in three swing states considered key to winning the election. it poll shows president obama within one point lead in colorado where he trailed romney just last month. the president has widened his lead since august. the spill shuttle endeavor is heading west tied to the top of a jumbo jet. the final flight started this morning in florida. endeavor has flown to new orleans so far.

you can see the helicopter there on the tarmac waiting for that jumbo jet and the shuttle. tomorrow is scheduled to fly to edwards air force base and then it is expected to fly over the bay area at 830 in the morning before making its final landing in l.a.. >> i hope it is delayed a little bit because we have fought in the morning. here is a nice shot for you from the east bay. temperature's only mostly sunny skies. '50s and '60s towards the coast line. the next couple of days we warm up before cooling down. >> that stall is still in the middle tunnel of the caldecott tunnel so is a rough ride right now if you're heading out of lafayette. that will do it for us. >> it