santa rosa, 101. cloverdale, 103 degrees. and this is hot enough for records. and there is 93 in san francisco. 92 this in moffett field. 92 degrees in oakland. and there is 96 morgan hill. and the fog is just a few hundred miles away, 75 degrees in half moon bay. tomorrow is another spare the air day. we're expecting gradual cooling beginning tomorrow along the coast and bay. it spreads inland heading towards wednesday. there is a full look at the accu-weather forecast coming up. >> first execution in california in nearly five years will not take place this wednesday. the governor has delayed it by 45 hours to consider clemency for albert brown, convicted of killing a 15-year-old girl. there are many hurdles to

clear before this execution moves forward. >> the governor's order is only a temporary reprieve for brown. did he not win his argument today on the bigger issue, whether the drugs the state uses is cruel and unusual punishment and whether making brown choose how he wants to die is constitutional. attorneys for albert greenwood brown argued his execution should be put on hold. first offering him a choice between one drug and a three-drug method violated state regulations. >> this is not proper. >> and second that the method might still cause him pain, considered cruel and unusual punishment though it's just been updated to eliminate that argument. the state argued brown was given a choice by order of a judge and lawyers failed to show evidence of possible pain from the three-drug method.

>> the judge refused to block the execution based on arguments. >> he has not demonstrated he's likely to prevail at this time. applications will restraint order is denied. >> brown convicted in 1982 for the 1980 rape and murder of a riverside teenager, susan jordan. if it goes as scheduled it would be the first california execution since being put on hold in 2006 over a concern about flaws in the injection procedure. >> this is the nature of death penalty litigation. you have a team of lawyers

trying to save their client's life and looking for any argument they can possibly raise. >> and another twist in all of this legal wrangling no matter what happens with brown, california executions will be put on hold again after september 30th because the supply of the first of the three drugs expires october 1. there is a shortage of it. the manufacturer says it has quote, raw material supplier issues for the drug. in the newsroom abc 7 news. >> thank you. >> and abc 7 legal analyst is in with us right now. this brings the time of the execution within three hours of the expiration date of the drugs. >> i think that is the reason the governor chose an odd time frame, 45 hours this, gives the courts enough time to decide all of the thorny issues in a very orderly manner and at the same time going forward before the

exspir -- expiration of the drug. >> what is the likelihood the governor will give clemency to brown? >> i think small. when the petition was filed brown's hires -- lawyers were quoted as saying we think this is a charade. he has denied petitions before him before. the case for clemensy here is weaker than in those case autos thank you. >> and a peninsula can gres woman jackie spear wants automatic shut off valves added to gas lines. she was vitited the neighborhood devastated by an an explosion. more than 30 homes were destroyed. bill would make sure homeowners know where such pipelines and are increase oversight of the safety and emergency response plans. >> this has been a deadly and painful wake up call.

we must act swiftly and deliberately to resolve and remedy this problem. >> crews working on the transmission line this week and there may be a smell in the neighborhood as they inspect the valves and clear out pipelines. customers with concerns are encouraged to call pg&e. >> parents of a san jose boy handcuffed in a fake arrest told their story on "good morning america" saying they felt helpless with a police officer in uniform accosted their son for having sex with the officer's step daughter. there is more on the remarks. >> paul and nicole said they had never met the officer before and did not consent to the fake arrest of their stepson to try to get him to wrestle with the issue of under aged sex. the parents of the 15-year-old boy in this cell phone video

say their son is living in fear that he's been watched all the time. and in an interview, the boy's mother said the officer barged in the home and said the officer was arresting their son for real, for having sex with the 14-year-old step daughter. >> we couldn't help him or protect him. this person is standing in hour ous. you know? our son is handcuffed you know? he's an officer with an authority figure. the only thing we knew, we thought our son was getting arested. he is, you know he feels like he's watching him all the time. this officer does live down the street from us. >> the district attorney is looking into whether the officer committed any crimes when confronting the 15-year-old with a man to scare him straight. >> this does not bode well for you. do you know what that means? no. >> not a good thing the person

you had sex with is a cop's daughter. >> the attorney says her client was in control during the confrontation, merely acting as a concerned father. >> yes. he'd just gotten off work. but they know him not as an officer but as a neighbor and as a concerned parent that. is how he was acting. >> the teen's parent told george stephanopoulos there is no question the officer abused his authority. >> is there any part of you that has empathy. >> if he would have came over in a tee shirt, jeans and own vehicle, personal vehicle not vehicle in front of the house, fully in uniform or handcuffs, gun holster, we would have dealt with him as a parent. and you know they say things you don't do. >> and he tells his son to

listen to what the officer is saying. paul says he was instructing his stepson to listen to the questions because he thought the officer was trying to get his stepson to have-to-make a statement that would have legal ramification autos in santa clara the governor blasted the ought of state oil company sponsored prop 23 undermining california landmark global warming bill. and schwartzeneggar says those oil companies are using mb to buy votes for their green greed. he challenged republican candidates for governor meg whitman to fight prop 23. >> she uses now some of her, you know billions of dollars she has to put night the campaign to fight proposition 23 to. me that, is more important than what anyone says. i want her to spend her millions of dollars against prop 23. that is my reaction.

>> and last week, whitman took a position on prop 23 saying it's wrong. and the governor is now in a meeting in sacramento with leaders from both parties. tonight we'll take you live to see if there is any movement forward on getting a budget in place. >> and still to come this evening, another bay area county considering taking the toys out of fast food meals for kids. >> the gulf oil investigation and government official comparing response to

>> closed captioning brought to you by mancini sleepworld. a proposal to ban toys from popular childrens meals had a hearing today. the ban would be impose fd the meal did not meet certain

nutritional requirements. mcdonalds says their menu includes healthy options such as apple slices low fat milk and chicken nuggets made with white meat. >> i have seen studies show the closer you are to fast food places more likely you are to be obese. so for the mission district, it's a worst problem and they'll benefit the most from this. >> the supervisor says he's considering banning toy that's fails to meet nutritional standard. >> the head of a presidential panel investigating the bp oil spill compared the federal government underestimating the size of the spill to general custer low balling the fum of indians at little big horn and says the public lost confidence. the spill turned out 60 times bigger than estimated. there was confusion over who was in charge of the clean up operation. >> this may be more perception

but it doesn't matter. once so great it starts to intrude in a response, then, you need to deal witness. >> the panel is investigating how the government responded to the spill. and this spill gushed 200 million gallons of crude into the gulf of mexico. bp permanently killed the well, ending the worst oil spill in u.s. history. >> president obama signed a small business lending bill, setting up a $30 billion loan fund providing another $12 billion in tax breaks. the president says it create 500,000 new jobs over next few years. republicans compared this bill to unpopular wall street bank bailout, blocking it until two republicans broke ranks to allow a vote. our next higher -- hire event is tomorrow from 11:00 to 3:00 on market street. and there is 1400 jobs

available, a thousand of them are with the peace corps. but afleck, lens crafters, burger king and ross are hiring. abc 7 is a sponsor of the event. >> there is two of the nation's low fare airlines are now joining forces. >> what does that mean for air fare? >> oh, they're telling us it's a good thing. if you believe the ceos from the carriers this is good news for consumers. there is a purchase giving southwest a bigger foot print allowing to better compete in large markets like new york, boston and atlanta. southwest says it will retain signature low fares and popular free checked luggage. it will allow for customers what they want as well. and that is more they want more flights, more

destinations and more low fares. >> it must still be approved and the airline set to close the deal. >> there was another airline, continental airlines the last major he carrier to offer a free meal is taking it away. the airline will charge in coach passengers for meals on domestic flights. continentel says it's ending the service because of quote changing market conditions. closed quote. this marks the end of an era in which airlines traditionally provided a meal with every ticket. >> if you're having a hard time paying for car insurance, the governor signed a bill continuing low-cost auto insurance for low income motorists. rt started in 1999 and about to expire. now, it will be extended for another five years. the program provides a bare

bones policy for good drivers at less than half of the market price. more than 50,000 motorists have obtained insurance through the program. most were previously uninsured. >> federal regulators filed complaints against makers of popular juice pom wonderful saying language on the web site makes claims of health benefits without any proof. regulators object to claims pomegranate juice may help with diabetes, heart disease and prostate cancer. the company saying the government is wasting taxpayer resources to persecute the pomegranate saying the company provided $34 million to studies showing health benefits of the fruit and it says it does not claim the juice acts like a drug. >> persecuting of the pomegranate. >> and mike, thank you.

>> it's hot out there today. >> yes. >> and there is not enough, everyone is talking about it. tomorrow we'll start to notice some drop off in temperatures. i'll show you where in just a moment. outside i'm going to show it what it looks like out there right now. from our san jose camera it's hot there. 95 degrees. notice trees aren't really blowing. absence of the sea breeze there preventing them from cooling off quickly. there is a live picture from our east bay hills camera. there is skies clear. poor air quality due to lack of a strong sea breeze. things are going to change. there is official highs for today. 92 in moffett field. 93 in san francisco. triple digits around livermore and concord. napa, santa rosa. cloverdale

103 degrees sh. 96 in san jose. half moon bay, the place to be if you don't like the heat. numbers now still toasty. you can see triple digits around concord and santa rosa. 93 degrees in menlo park. another hot day inland tomorrow there. is cooler coast and bai. all areas cool on wednesday. so that is a cooler air will get into area soon enough. it's going to weaken. today this large dome provided for record heat in southern california records there. los angeles 113 degrees. that was an all-time record since record keeping began. you can just tell how strong this s it will weaken, as we start to notice cooler pocket of air in this system here bumping into the ridge. the ridge shifts eastward and there will be gradual cooling over next couple days. and then, wednesday, inland,

tonight you're looking at mild night inland kmuchblts low 60s around antioch and fairfield. and patches of fog getting close to the coastline. it may be dense at times. we're seeing fog getting closer and closer to the coast. most other areas into 50s. there is spare the air again. poor air quality. moderate air quality for the rest of the bay area. highs for tuesday in south bay 98 in loss gat yog, still warm, 89 in redwood city. and there is half moon bay, 70 there. he not as warm as today. 83 degrees there. sea breeze coming in sooner. 73 daily city. mid-90s into the east bay. 88 in oakland. 92 fremont. inland on the toasty side. there is 85 degrees in santa

cruz. spare the air tomorrow, hot inland. cooler near the coast and bay. cooler days everywhere. you can see wednesday and by thursday, it's mid-80s inland. low 60s coast. slight bump up friday. but it's back down to average for weekend cooling off into low to mid-80s inland, low 60s in our beaches, back to normal in no time. >> and thanks sandhya. >> still ahead bear woman of mendocino county. what what she's done for 40 years that landed her in trouble with the law. a family's outrage over a service claiming to@ú@ú@ú@ú@ú@úú

a trust fund is set up for a volunteer firefighter, he was shocked when stepping on a downed power line. he's under goth surgery and remains in the burn unit in san francisco. he's in critical, but stable condition tonight. that fire threatened the town and burned nearly 100 acres of land fchl you'd like to donate just go to our web site. you'll find a link there. >> and a 76-year-old mendocino county woman feeding bears on her property almost three decades is heading to court tomorrow. she owns 40 acres of woodlands and is known as the bear woman. she faces misdemeanor charges of feeding big game. california fish and game wardens say she turned her property into a haven for bears saying she brought 6,000 pounds of corn every month, and then stored knit a shipping container. another note fish and game show the number of bears in california increased almost

ten fold from 1984 to to 2006 but not because of here kidnap victim jaycee dug jarred now writing a memoir. the publisher says she plans to write it herself covering her life from her abduction in 1991 to how she's doing now. last week a judge temporarily suspended criminal proceedings against her accused kidnapper phillip garrido. and the judge did not hold criminal proceedings against garrido's wife, nancy. >> legendary oakland hall of famer has died. he played 26 years of professional football longer than any other player in history retiring shy of his 49th birthday before raiders 1976 season, ending his career as nfl all-time leading scorer. in 1970 at 43 he was named male athlete of the year by the ap.

due to his late game heroics. raiders issued a statement expressing sadness by the was 83 years old.

we'll be back with more news coming up in half an hour. pg&e's troubling history of gas leaks. a row poseal might have averted the disaster. and the invasive species choking our waterways. that is tonight at 6:00. >> and now, san francisco public schools are getting $3 million from the bill and melinda gates foundation. $1 million for each of the next three years designed to get students ready for college. >> only a quarter students who start in the city go on to earn a college degree. >> this is a wonderful

supplement there in san francisco. >> and thanks for joining us. >> and thanks for joining us. i'm cheryl jennininininininininn greed. the wealthiest corporations. billions in profits and bonuses. and the sacramento politicians just gave these same corporations a new billion dollar handout... paid for by cuts to education and public safety with no guarantee of creating one new job. but we can change this by voting yes on proposition 24. prop 24 repeals the billion dollar giveaway and protects our schools and communities. yes on prop 24. it's time to give us a break... not the big corporations. our state has a huge deficit. meg whitman's plan will make it billions worse by eliminating the capital gains tax for wealthy investors, including herself. economists say her plan will "rip a hole in the budget" and is "deeply flawed". analysts for the l.a. times say whitman's plan is a "pure handout" to the rich creating a "huge risk" to schools and public safety. jerry brown's against this unfair giveaway because it will take billions from our children when we can least