foreclosure in this neighborhood of multi-million dollar homes. a locksmith was working on the door and he was hit by if you are from inside the home. he was taken to the hospital with nonlife-threatening injuries. so far that's about what we know. it's a tense dangerous situation. we are waited fogger a waiting for a police briefing. back to you. >> thank you. a well-known serial burglary suspect is behind bars but not before leaving a mess in the streets of east oakland today. officers had to shut down the intersection of 98th and reads avenue after the suspect led police on a chase and later totaled a silver car. police initially found the suspect and the vehicle after receiving tips from people in the area. >> the crimes that these guys are possibly involved in. everything from auto burglaries to the crimes that affect the

community every day, this is an arrest that will make a difference. >> the suspect had nonlife- threatening injuries. nobody else was hurt. multiple law enforcement agencies are investigating. they couldn't give an exact list of the offenses committed but said it involves a host of felonies. only on 5, the bay area's going to have to brace for another bridge closure and this time, it's going to be the golden gate. when it reopens, it should be a lot safer. kpix 5's ann notarangelo in marin county with how these new barriers are going to help prevent the head-on collisions. ann. >> reporter: allen, they are going to close down this bridge in october or november of next year for a weekend and when it reopens, there will be these new movable medians in place. it evokes fond melt memories unless you've been in a crash on the bridge. the last crash was in 2001. more recently from 2006 to 2010

there have been 306 collisions and 83 injuries. >> we're always moving forward with whatever we can do to improve safety on the span and the movable median barrier is a crucial project towards that end. >> reporter: tomorrow a huge step in improving the safety of the bridge as a committee is expected to purchase a movable median barrier. right now there are 10-foot lanes and north- and southbound lanes are divided by plastic pylons. but next year they will be replaced by nearly 800 three- foot-high concrete and steel barriers that can be moved to accommodate traffic patterns. we talked to one driver involved in a head-on collision in 1994 that left him confined to a wheelchair. >> thank god that they are finally making the move towards this. it should have been done 10 or 20 years prior to my accident. >> reporter: it's been years in the pipeline. in the '80s it was deemed impossible because the old

design was too large. by 2007 there was no money for it. finally the $26.5 million project will get under way. but there will be a major inconvenience because to get the barrier in place, they will have to shut down the golden gate bridge for 52 hours during a weekend next october or november. it will be a first-of-its-kind closure. >> having traffic passing next to it is too dangerous. >> reporter: once it opens there will be a learning curve as people experience driving on narrower lanes. >> slow down, learn how to navigate next to the barrier. >> reporter: the bridge district will have a learning curve learning how to use the transfer machines and move them from one side to the other. then a 52-hour closure next fall, and the bridge will open to the public. ann notarangelo, kpix 5. >> we won't know for six months when the bridge will close or

how people will be get around. but it's likely they will add ferry service and buses that will use the other bridges. for the first time we're hearing from the mother of the man who killed 12 people at the washington navy yard monday morning. she chose not to be on camera but read a statement expressing shock and a statement of sympathy. >> aaron is in a place where he can no longer harm anyone. to the families of the victims, i i am so, so very sorry that this has happened. my heart is broken. >> alexis had military security clearance at the navy yard despite a history of misconduct and mental illness. and now defense secretary chuck hagel is ordering a review of how those clearances are granted as well as the security procedures at all u.s. military facilities worldwide. president obama will attend a memorial service this sunday for the victims of the mass shooting. victims of domestic violence are celebrating a new

state law that they hope will make them safer. >> police confirm five people shot. could be others. >> we have a officer down, on the third floor. >> female shot on the roof of the building 13. >> that was obviously video and audio from the shooting at the navy yard. apologies for that. but i can tell you that san francisco district attorney gascon held a news conference this morning alongside him with assemblyman phil ting who authored the bill to extend the length of civil restraining orders from three to five years all prompted by a stalking case in san francisco. the assemblyman saying, it is going to give victims more time to distance themselves from their stalkers. now, in san mateo county, southbound skyline boulevard reopened about 90 minutes ago. after a bicyclist was killed near the intersection of woodside road. that accident happened about 1:30 this afternoon. highway patrol says a woodside woman was riding here bicycle

downhill when she ran into a van that was making a left turn in front of her. other headlines. the oakland a's return to the field and their dugout this afternoon following a very stinky situation last night. this morning, crews cleaned out a sewage pipe that caused a toilet in a bathroom at the end of the a's dugout to overflow. players said the floor was covered with water and there was a stench coming from the bathroom. this is the second time this year there's been a sewage spill at the coliseum. now, smokers are being snuffed out of downtown walnut creek. the city council last night passed a strict secondhand smoke law that bans smoking downtown and also includes places that have outdoor dining and multi-unit residences like apartments. final vote is set for next month. signs will be posted around the city warning smokers about the ban. violators would be fined. the next big battle for gay rights is playing out in san francisco. >> think if you're gay it

doesn't influence what you think about the case. >> how a juror getting kicked off a case has started a showdown over sexuality in the courtroom. >> a nightmare vacation in mexico. how tourists are getting desperate. how massive flooding has turned into a free-for-all. >> beautiful summer-like weather here in the bay area. some of you got up near 90 degrees today but coming up, we are going to talk about not just the first day of fall, which is sunday, but fall-like weather moving in. find out when it's going to get chilly and when it's going to rain, your forecast next. >> and don't throw out that expired food just yet. the big myth about those sell- by labels and the new advice for keeping your food fresh. ,,,,,,,,

francisco. as kpix five's mark kelly reports, this ti new at 5:00, the gay equality fight is back in the courtroom in san francisco. as cbs 5 reporter mark kelly reports, this time the focus is on sexual orientation during jury selection. reporter: inside this federal court in san francisco,

two pharmaceutical giants are involved in an antitrust fight over an aids drug. one side is crying foul because the other side kicked a gay person off the jury. it raises the question, is this discriminatory? it's uncharted territory for federal courts. trial consultant will roundtree takes a stab how he thinks the court will come down. >> it's possible that they are likely to say that gays and lesbians shouldn't be excluded from jury selection simply on the basis of their group membership alone. >> reporter: on the state level, this debate has already played out. in states like oregon, hawaii and here in california, gays and lesbians cannot be excluded from jury selection simply because of their sexual orientation. california made that decision back in 2000. out on the streets some say it's about time the feds follow california's lead. >> think if you're gay it doesn't influence what you

think about the case. >> reporter: michael mayfield says we're all individuals and in the courtroom, sexuality should not matter. >> i believe that each person is given the right to speak in a jury. and it doesn't matter if you're about your sexual preference or what have you. >> reporter: so unless or until federal courts rule the same way as california courts, sexual orientation can continue to play a role in jury selection. in san francisco, mark kelly, kpix 5. >> there is no timeline for when the three-judge panel will hand down its decision but the panel can either call for a retrial or allow the case to stand. bart and its unions are back at the negotiating table today in an effort to get closer to a deal to avoid another strike. the two sides have been meeting for the past three days. but no more negotiating sessions are scheduled until next wednesday. the two sides are far apart

over pay, benefits and workplace safety. the cooling-off period ends on thursday, october 10th. bart workers can go on strike the next day. they are supposed to tell us if the food is fresh but turns out, those expiration labels are wasting billions of dollars. the study you should hear before you toss out that gallon of milk. >> it's a tradition, you know? i met hundreds and hundreds of people. >> game over for a bay area institution. how criminals turned a simple game of chess into a public nuisance.

the federal reserve decided against pulling back on it's stimulus now. a nice surprise for the stock market today. the federal reserve decide against pulling back on its stimulus program at least for now. fed chairman ben bernanke said it was still too soon. policymakers point out the economy still needs help and the fed will continue to buy $85 billion a month in bonds. investors happy about that news. stocks surged higher with the announcement. the dow and the s&p jumped to record highs. it's a mess. that's how some scientists describe the date labeling system on food products in this country. on the consumerwatch, julie watts explains why critics say

it contributes to unnecessary food waste. reporter: best buy, use by, sell by, they are stamped on almost everything you eat these days but what exactly do these dates mean? >> some of them mean sell by and some eat by. confusing. >> reporter: you may be surprised to hear none of them mean expired by. that's the problem according to a new report by the natural resource defense council and harvard law. >> people may be throwing out food based on the mistaken impression that they are talking about safety which is not the case. >> reporter: wasted food costs the average family hundreds aer. >> i throw away a lot. >> a lot. >> reporter: the report highlights the misconception that these labels are actually expiration dates. they're not. for instance, the sell by date is simply an internal stocking note to retailers after which the food is usually donated to a food bank. and contrary to common belief, the best buy and use by dates are not discard dates.

>> they are just under caters of peak quality that --er that indicators of peak quality that a manufacturer has by its own criteria. >> reporter: there is a call for uniform date labels that differentiate between safety and quality. the council would like more oversight of the labels that are currently unregulated and completely voluntary. do you recommend people ignore those dates and rely on nose and sense of taste? >> i think in terms of safety that's right. these labels are not meant to communicate safety. >> reporter: as it turns out many wouldn't care if they do. >> i use my best judgment. >> i have an iron stomach so i'll eat things until it tastes bad. >> reporter: now, industry groups are opposed to removing the sell by dates but admit use by and best before they can be confusing. they are looking into smart labels which could use technology to provide more information like handling instructions and, you know, incidentally the reason they don't print expiration dates is because expiration is dependent on how you handle it after you

leave the store. >> leave it out, trust your nose. >> exactly. >> all right. thank you. all right. it's a beach holiday from hell you might say. 40,000 tourists stranded by flooding in acapulco. mudslides from tropical storm manuel have cut off roads to mexico city. that leaves thousands of tourists fighting for tickets on two airlines. the locals are pretty desperate scrambling for food. some are looting the stores. electricity is out. it means many tourists cannot access atms to get cash to try to pay for things or to get out. >> wow. manuel. here in the bay area sounds like we are going to get a little bit of a dusting of showers maybe later on but not quite the extreme -- >> we have dodged so many bullets. there's been so much activity in every direction all summer long but for us beautiful weather. it continues. but yes, for the first time in a long time, we are talking about a storm system actually moving through the bay area. look at that. another storm system, a sunny system moving through. blue sky looking from dublin

toward mount diablo but we have changes coming as we approach the weekend. good evening to you in san jose with a beautiful day today. you have been right around 80 degrees. currently 79. widespread 80s away from the water. concord 81. oakland at 77 downtown san francisco 67. nothing on the radar right now. we will see it first right here on kpix 5 using hi-def doppler radar. we're dry today. we will be drying tomorrow. we will not be dry on friday. i will be showing you some stuff on the radar especially in the north bay this time on friday. san rafael tonight 56. your low in redwood city 57. san jose 59. and livermore 59 degrees. sunrise getting close to 7:00. five minutes before 7:00 tomorrow. so what's going on? we have high pressure over top of us now. it will hang out tomorrow but there's a lot of activity about 800 miles to our north and west. this will be the first front of the season. what's the season? in september we begin to see more and more storm systems working their way south.

late september, early october we typically see rainfall. it's only mid-september so this would be early. most of the rainfall stays in far northern california and southern oregon but we'll likely see showers here even as far south as gilroy and morgan hill and san jose. you carry the chance of rainfall friday night and saturday morning. so for the first time since may, i checked, the last time i used futurecast was in may because we are talking about widespread rainfall, we see nothing until friday. but this is a long-range futurecast and by friday night, saturday morning, there is some green on our future radar. we will see some rainfall moving through the bay area friday night and early saturday. showers in the north bay first. it will last through lunchtime on saturday, sunshine on sunday. tomorrow a beautiful day upper 80s for livermore. 70 for the city. and 82 for san jose. all close to normal talking about temperatures running well above normal. your weather headlines we'll talk about that coming up in a second. or i'm going to show you the seven-day forecast before we toss to roberta and here it is your extended forecast, rain

friday through saturday morning, the first day of fall incidentally sunday when the sunshine will come back and next week looks pleasant but there's a rain chance, a change in the weather coming or friday. speaking of that, mobile weather, roberta gonzales, live on mount diablo to talk more about the changes in the weather. >> reporter: mobile weather climbed 3848 feet high atop mount diablo, we are at the tip- top where currently it has now fallen to 70s degrees, winds under 5 miles an hour. i want you to take a bird's-eye view of the bay area. how often do you get this treat? in fact, i'm told on a very clear day, you can see 35 counties out of 58 here in the state of california. in fact, we are able to see from the golden gate bridge to the farralons, with a little sun in our eyes, from the high sierra to the central valley. with binoculars you can see half dome on a clear day. this has been the best visibility we have had here in contra costa county since the morgan hill dating back to october 8th, in fact, the

mountain is now open even though we had over 3,000 acres charred. this is what it looks like a little bit of the mars on mount diablo. park rangers are saying please do not venture out on the burned-out areas. and also some really good news. the campgrounds officially open tomorrow even though we have a little bit of rain in the forecast. this is what you can expect. autumn officially arrives sunday. and with that arrival, the chances of rain on friday and saturday but if we see any rain it's little if any accumulation but you can anticipate a very chilly night especially up 3,848 feet atop mount diablo. reporting for mobile weather, roberta gonzales, kpix 5. >> beautiful sight. >> tough job. [ laughter ] >> gorgeous. wow. it's game over for chess players on san francisco's market street. afraid so. police have confiscated the boards, tables, chairs, where dozens of people would gather to play chess every day. kpix 5's mike sugerman in san

francisco with why officers are cracking down after decades of chess. mike. >> reporter: well, i got a chess game set up on market street. am i legal, illegal? i don't know. things aren't clear. but i'll tell you one thing that is clear. when chess is outlawed, only outlaws will play chess. reporter: the chess game on market street folded like a cheap card table. just like the ones they were played on for more than a generation. >> about 0, 81. >> reporter: san francisco street chess a game marvin boykins helped hold together for locals and players around the world. >> it's a tradition. you know? i met hundreds and hundreds of people, many -- quite a number of them even from other countries, looking for the games of chess on market street. >> reporter: police, though, say a criminal element

infiltrated these games and instead of hearing knight me there was more and more light me. >> we started to see drug use, drug sales and we were getting support from the businesses that this was going on by the complaints they were making. >> reporter: businesses hated the games said they brought in a bad element. not the chess players but hangers on who knew they had a large market of potential buyers just hanging around although no businessman wanted to talk on camera. >> it gave an area where they could sit down and maybe rent a chess table for a while and at that point, they could engage in criminal activity because they would pay the chess players to sit at the table and then they would sell drugs right at the chess table. >> i think you have a element of that but i don't think, uhm, it should be the death for the chess board. >> reporter: a community activist and filmmaker started playing here as a kid. he was here last week as they confiscated tables and chess sets although they didn't do anything about the wagering on the game which has gone on for years. >> my highest was $100.

out here. >> reporter: did you win? >> i won two games. >> reporter: marvin doesn't feel like much of a winner today. more of a pawn. well, i'll tell you what, the talks continue, not completely over yet, players and police have talked. tomorrow business owners and police talk. it's their move. in san francisco, mike sugerman, kpix 5. >> knight to king bishop 2. $400 million up for grabs in tonight's powerball jackpot. >> how you could have a chance to win even bigger prizes in the future.

for a store near you go to benjaminmoore.com/bayarea.

♪ for a store near you go to benjaminmoore.com/bayarea. starbucks ceo howard schultz no longer starbucks is making a statement today and it's not about coffee. the ceo announced guns are no longer welcome in the stores. most states allow people to openly carry licensed guns. well, starbucks is hoping this discourages customers from bringing them in, in the first place.

it may be a long shot but we can dream, right? tonight's $400 million powerball jackpot is fueling lottery fever. people are lining up at this arco station in richmond last minute hoping to win the big jackpot. today's prize will be the nation's fifth largest ever. odds of winning are 1 in 175 million. there's a small chance. the drawing will take place at 7:59 p.m. and because of powerball's success, mega millions is now planning bigger jackpots. well, now for a look at what's ahead on the "cbs evening news." we have scott pelley in new york. scott? >> reporter: hi, allen and liz. great to be with you in the bay area. a lot of people were surprised today when the federal reserve said it will continue to hold down interest rates a good deal longer. stocks hit historic highs. but savers are going to pay a price. plus, the washington navy yard shooter carved a strange message into his gun. it was found at the scene. we'll have the late breaking

details tonight on the "cbs evening news" at 5:30, right after kpix 5 news. ,, ,,,, uh-oh! guess what day it is?? guess what day it is! huh...anybody? julie! hey...guess what day it is?? ah come on, i know you can hear me. mike mike mike mike mike... what day is it mike? ha ha ha ha ha ha!

leslie, guess what today is? it's hump day. whoot whoot! ronny, how happy are folks who save hundreds of dollars switching to geico? i'd say happier than a camel on wednesday. hump day!!! yay!! get happy. get geico. fifteen minutes could save you fifteen percent or more.

chihuly chihuly decaying bay area mansion i million it housed uc presidents for decades but has been empty for years. tonight at 6:00 this mansion is on track for a renovation. but why it would cost six figures even before a single fix, that and much more tonight at 6:00. >> thank you for watching. the "cbs evening news with scott pelley" is next. >> the latest news and weather are always on kpix.com. captions by: caption colorado comments@captioncolorado.com

>> pelley: tonight, easy money. the fed says it will hold down interest rates a while longer. stocks hit historic highs. but savers pay the price. anthony mason explains. the navy yard shooter carved a message into his gun, and his mother released a message of his own. >> to the families of the victims, i am so, so very sorry that this has happened. my heart is broken. >> reporter: bob orr has late- breaking developments. a major new study says too many colonoscopies miss the cancers they're designed to detect. dr. jon lapook tells us why. and the thrill ain't gone. b.b. king ♪ the thrill is gone away ♪. >> pelley: on the road at 88. >> "rolling stone" ranked you number three guitar player of all time. >> you don't believe that. >> reporter: d