and the 60-day handshake lives on, [ male announcer ] it's ram truck season. that five-finger bond that communicates trust, honor, follow-through, and follow-up. it's a promise that says go ahead and buy a ram 1500 or a heavy duty without a payment for 60 days. and if it doesn't do everything you ask it to do... bring it back. ram. right now at 11:00, a last-minute move to stop the state's first execution in four years. but will it stop a process the defense is calling medieval? it's not over yet. another scorcher is on the way.

we'll show you when the forecast should take a cooler turn. and the pilot being called a hero after this emergency landing. it was all caught on tape. the news starts right now. good evening. i'm diane dwyer. in case you haven't noticed or been outside, it is hot. and there is no relief tomorrow either. meteorologist craig herrera is here with a look for us. >> tomorrow we have the hottest day in store for us. right now there is plenty of heat out there. we're still dealing with 60s and 70s, especially across the south end of the bay. today we reached lots of 90s. notice the clough cover. it is all headed toward canada. nothing over the western half of the u.s. in fact, we're going to see a lot of that red on the map tomorrow as the temperatures come back up. also, it is the thi spare the air day tomorrow. the orange you see for the santa

clara valley that is where the air quality will be considered. unhealthful for sensitive t groups. those with respiratory preposterous problems are asked to take it easy tomorrow. more on the seven-day forecast and we'll pinpoint just how hot it's going to get in those communities. >> thanks, craig. we'll check back in 14 minutes with the full forecast. man who is scheduled to be executed in two days made a last-minute appeal today to save his life. albert greenwood brown's fate is now in the hands of the federal appeals court. he is seeking a stay of execution, challenging, among other things the drugs used for the execution. kimberly terry is at san quinten tonight with the latest for us. >> reporter: while albert greenwood brown awaits his fate here, his attorneys are working very hard to try to push back his execution, still set for one minute after midnight wednesday. in a last-minute attempt to halt his execution, attorneys for albert greenwood brown are appeal ogg to the ninth circuit

court of appeals. it comes after jeremy fogel cleared the way for the execution, scheduled for wednesday. >> the death penalty is here in california. the attorney general has the right to pursue it. the only question is shouldn't we pursue it carefully and through the courts to make sure we're doing it right? >> reporter: in 2006, judge fogel ordered prison officials to overhaul its lethal injection cocktail amid concerns it amounted to cruel and unusual punishment for inmates. since then the death row chamber at san quinten has been rebuilt and the state adopted new regulations. but those regulations haven't been reviewed by a judge. >> i think it's of grave concern that a judge is that familiar with this issue isn't willing to say let's just take a deep breath for a minute and take a look at it this rush to execution makes no sense considering the enormity and the irreversability of what we do. >> reporter: 56-year-old brown son death row for the 1980 rape and murder of a 15-year-old riverside girl. judge fogel's ruling allows the

execution to go forward on the condition that brown be allowed to make a choice being between executed with one drug, a powerful sedative, or a three-drug combination. fogel said if brown doesn't make a choice by the deadline of noon sunday, corrections officials could use the three-drug combination. brown missed the deadline. it must be an extraordinary experience for a lawyer to have to sit down with a client to talk about his choice of how he wishes to die. and his choice is really a hobson's choice. it's either three drugs, which we know there is a risk of some pain and which we know in six out of 13 executions in california judge fogel found problems. the second choice is a oñe-drug combination which is actually not part of california law. and has never been researched, investigated, tested, or examined by the state, and the judge has actually asked mr. brown to -- if he wants to

consent to the state committing an execution in violation of state law. it's not clear mr. brown even has the authority to make that kind of decision. and i suspect that will be part of the appeal to the ninth circuit. >> reporter: near san quinten, kimberly terry, nbc bay area news. in san francisco, police shot and killed a man in the tenderloin today. shortly after 11:00 this morning, they responded to a noise complaint at the granada hotel on sutter street. when they confronted the suspect, they say he showed a weapon and they opened fire. the man who lives on the floor below the shooting says he didn't hear anything before the gunfire, and he thought the noise could have been related to the football team on tv. >> right after kansas city scored, i heard five or six shots or more. i thought maybe -- it sounded like it was coming from down the street. soy thought it was a kansas city fan celebrating. but i walked out in the hall, i'm on the sixth floor and the shooting happened on the

seventh. the cops told me to get back in my room, so i did. >> meantime, just about four blocks away near the intersection of sutter and franklin streets, an armed man barricaded himself in his apartment for most of the day. police and crisis negotiators responded to the scene around 1:30 this afternoon. the incident wasn't resolved until about 7:30 tonight when officers used tear gas to force the man out. the man is facing several charges. with a little more than a month to the november election, it's looking like tuesday night debates between meg whitman and jerry brown might just be critical. that's because tens of thousands of voters are still undecided right now. our sacramento station has a look. >> reporter: a "los angeles times"-usc poll shows jerry brown ahead of meg whitman by just four percentage points. the latest field poll has them in a dead heat, with 18% of voters undecided. >> i think it will be. you know, as debates go, it's going to be closely watched. >> i think they're going to be

issue-focused. >> reporter: whitman is the novice political debater. >> even her public appearances have been prepackaged, have a lot of planted material, planted questions. even her plan is a glossy brochure. >> she know house to hold herself. she is a very sharp, quick-witted person. when he talks about one side of an issue she can highlight how he stood on the other side previously. >> reporter: but for brown too the pressure son. some political analysts have said this is his first big chance to make his case to voters, where as whitman has been doing it for months in costly advertisements. >> if you were born in the '70s or '80s, you have no knowledge of jerry brown as governor of california, no actual memory probably. >> reporter: political consultant steve swat believes the topics that will come up the most often during the debate are the economy, jobs, the state budget. but he says as brown has to reintroduce himself to voters, whitman has the challenge of having to moderate her views since the time of the republican

primary in order to win the more moderate voters. >> arnold schwarzenegger won the independent vote and won the governorship pete wilson won the independent vote and governorship. but dan lungren didn't and failed. bill simon didn't and failed. on october 12th, nbc will host its own debate between whitman and brown. tom brokaw will moderate. you can see it live here on nbc bay area starting at 6:30. and we also have extensive information about the candidates and the propositions on our website. nbcbayarea.com. just click on prop zero near the top of the page. hundreds of people who say they are members of the tea party rallied in of all places marin county today. speakers included affirmative action opponent ward connerly and uc berkeley law professional john yu who is known as the architect of the bush administration's enhanced interrogation policy that allowed water boarding. the event was half rally and

half fundraiser in the typically liberal town of mill valley. with five weeks left before the election, they need to ramp up their effort to get out the vote. and they need to put their money where their mouth. >> what i like to call play, pay, walk, and talk. volunteering, donating, prethink walking and phone banking. >> bay area members of the tea party are throwing their support behind u.s. senate candidate carly fiorina and david harmer. more state fire crews were on duty today, canvassing potentially trouble spots because of increased fire danger across the bay area. meantime, firefighters worked throughout the night to contain a fire bodega bay. the fire burned nearly 100 acres before being contained late today. at least one firefighter was injured and one structure was destroyed. more than just a bad mood. could too many fried fatty foods lead to depression? the science behind the sadness, coming up next. stay down, stay down!

>> shout, prayers, and sparks. next, an emergency landing like you probably haven't seen before, and a passenger keeps the camera rolling through it all. i'm meteorologist craig herrera. we had plenty of heat again today. closer to 100 again today. we'll have more of those tomorrow. we're going to cross that 100-etdegree mark. i'llthav he ce grg cain itup b a -bvehaaleehr t kids in the local t-ball league, and i always get a little worried when i watch the games, because they could hurt themselves... and doctors are so expensive and...what if -- [ umpire ] safe!! what do you mean he was safe? he was out!!!!! i just want to make sure they're okay, you know?

[ male announcer ] we know health coverage isn't cheap. that's why we offer a wide range of pla to fit your family's budget. blue shield. what were the facts? fact: march 7, 2000. brown asks voters for new mayoral power to appoint school board members. he gets it, and promises better schools. but the drop out rate increases...50%. the school budget goes into a 100 million dollar deficit. the schools become so bad...the state has to take them over.

it was "largely a bust," he admitted. jerry brown. failure as governor. failure as mayor. failure we can't afford now. stay down, stay down! heads down, stay down! >> passengers on a flight from atlanta to new york had quite the scare today. the jet was forced to make an emergency landing at jfk airport. take a look at the video taken by a passenger on that plane.

malfunctioning landing gear sent sparks flying and one wing dragged along the ground until the plane came to a stop. more than 70 people were on the plane. no one was hurt. atlantic southeast airlines is now working with the national transportation safety board to find out what went wrong with the landing gear. some researchers are increasingly convinced there is a connection between food and mood. people who don't eat well also don't feel well. not just physically, but mentally. but could a poor diet really lead to depression? nbc's scott gordon takes a look at the link. >> reporter: is there a link between the food you eat and the way you feel? a connection between junk food and depression? >> we just had jalapeno poppers and onion rings. >> reporter: a british study found there is a link. that a poor diet, especially of fatty fried foods could contribute to irritability and even depression because it deprives the brain of needed nutrients. >> good mood, i eat good food.

bad mood, i eat bad food. >> it doesn't cause depression, but it may contribute to the severity of depression. >> reporter: baylor dietitian says the secret is more vegetables and natural foods, and less sugar and less processed foods. >> a diet that is not complete in all nutrients does contribute, such as a diet low in vitamin d can contribute to boughts of depression. >> i believe that. i think it's everything in moderation. it's important to have healthy stuff along with the fries and stuff. >> reporter: still, for all the research, it's not clear if depressed people are more likely to eat poorly, or if eating poorly actually leads to depression. >> my inclination if you're depressed you're more likely to eat junk food. i don't know. i don't think it works the other direction. >> how are you going to determine bad food, though? >> reporter: french fries. >> that's a good food. >> reporter: it may taste good. but more than ever, doctors are

linking healthy eating with happiness. >> good point. it does taste good. scientist says a lack of nuts and whole grains could affect seratonin levels in your brain and seratonin is a neurotransmit they're controls your mood. stanford university played host to a bone marrow registry drive today. be the match sponsored the event. it's simple to register. swab your cheek and you're done. it's easier than giving blood. they're focusing on registers minorities since there are far fewer minorities in the registry. one woman who has blood cancer sent out a personal plea for more minorities to register. >> i am in need of a bone marrow as soon as possible. that's the only way i feel i can save my life. i'm an ex-school teacher, a mother of two, young kids. and there is a reason for me to live my life. i'm too young to just go. >> and here are some perspective on just how few minorities are involved in the project.

in all there are about eight million people registered, but only about 600,000 of them are african-american. dozens of gay marriage supporters took to the streets today in the seventh annual coast-to-coast bridge walk. supporters in the bay area marched across the golden gate bridge. at the same time advocates in new york marched across the brooklyn bridge. the event was half a celebration because prop 8 was declared unconstitutional by a federal judge. but it was also a call to action they say to bring the nation as a whole closer to marriage equality for all. and craig, it had to be a little warm out there. unusually warm on the golden gate bridge today. >> 80s today near san francisco. and tomorrow more of the same, diane. >> you know i love this weather, du still, i know a lot of folks don't. >> look at the highs. 80 today san francisco. 99 in livermore. we will cool off by tend of the week. but more in the heat tomorrow. tomorrow is going to be the hottest day. outside we've got only a little bit of patchy fog right along the immediate coast. great shot of the bay bridge there.

off in the distance, the city. and not much in theay wf o fog tonight or tomorrow morning. it shouldn't be a problem for the morning commute. through tonight clear, no fog. 50s overnight and a couple 40s for the north end of the bay with no cloud cover. a little cool to start tomorrow morning. more sunshine tomorrow and next week cooling off slowly inland. the coast will slow off cooler, sooner than the previous bay area, of course. but the inland spots are going to stay warm for a couple of days. 60 in san francisco right now. 67 in livermore. 70 in concord. and 71 in san jose. so a lot of the heat is still with us, right through tonight. this is the satellite there is all the cold air, going right up into canada. no rain. in fact, all of the western half of the u.s. again under plenty of sunshine. so tomorrow what happens here, this rig is getting a little stronger. the winds are coming through and giving us an offshore wind, coming off the north and northeast. not real gusty winds, but dry winds. relative humidity goes down. temperatures go up. some of the warmer spots closer to 100, just about 102 in some case. and 80s at the beaches.

southern california, they're getting the strong offshore winds, and they've got some red flag warnings for los angeles and ventura counties. we've got unhealthful for sensitive groups, that's the air quality for the santa clara valley. the rest of the bay area, the green is good. and moderate for the yellow. so north end of the bay area and the east side of the bay. look at los angeles. downtown 104 tomorrow. we talk about the red flag warnings for southern california tomorrow. you see the temperatures even warmer than fresno at 101. san luis obispo 103. monterey at 75. and then through sacramento close to 100 degrees. statewide it is going to be a very hot day tomorrow. of course, they'll be watching that closely as we go. a lot of air conditioners will be going tomorrow. a spare the air day tomorrow. what you can to carpool. highs tomorrow in san francisco back up to 87. remember, we hit 91 in san francisco on saturday. tomorrow we're at 87. 102 through livermore. about 100 in concord. sunrise at 7:02. sunset at 6:59 through san jose

at about 95. you're looking at close to 100 for orinda. walnut creek, samer for sonoma and napa. half moon bay 84. most of the coastal communities right in the mid-80s. santa cruz clipped through those 90s. the seven-day forecast. notice the inland spots are still close to the 90s on tuesday and wednesday. not until thursday that the strong sea breeze makes it all the way in and cools us back to normal. >> the summer finally arrives. >> better late than never. >> thank you. life is a beach for dogs in california. the city voted most dog-friendly. good evening, everybody. i'm raj mathai. the 49ers flying back to the bay area late tonight. changes will be made after their embarrassment in kansas city. here is something to smile about. head coach jim harbaugh our guest tonight. and the giants. what's next? their final week in the regular season. they're back in first place. we'll see you in a few minutes

on "sports sunday." nbc news is bringing together government leaders, parents, and students for a two-day summit called education nation. the series kicks off on the "today" show tomorrow. the interview will also and msnbc, cnbc, and telemundo. [ bell rings ] what are you doing, friending somebody? yeah. you got time for that? you got time to earn more on your savings, online at capitalone.com. that's new school banking, baby! instead of earning squatootski... your savings will be earning three times the national average. now, let's review. capital one interestplus savings... at three times more. go to capitalone.com. what's in your wallet? are you a pisces?

governor schwarzenegger said one of his top priorities is reducing california's carbon footprint. tomorrow the governor plans to be in santa clara to discuss the future of the state's climate change law. that can be effected if prop 23 passes in november. prop 23 would suspend the provisions of the law until the state's unemployment rate drops to 5.5% or below for a full fiscal year. the governor oppos pro 23p as does jerry brown and meg whitman. we'll be right back.

that five-finger bond that communicates trust, honor, follow-through, and follow-up. it's a promise that says go ahead and buy a ram 1500 or a heavy duty without a payment for 60 days. and if it doesn't do everything you ask it to do... bring it back. ram. until two years ago, when my dad transferred to istanbul. they settled in quickly. found their local deli. a few shortcuts. and a neighborhood hangout. but there's one thing they miss. their beloved hometown team. so i asked citi -- how many thankyou points it would take to give them something special. their old seats, 5 and 6, row c. [ male announcer ] citi thankyou points can be used for almost anything you choose. what's your story? citi can help you write it.

our state is in a real mess. and i'm not going to give you any phony plans or snappy slogans that don't go anywhere. we havto live within our means. we have got to take the power from the state capitol and move it down to the local level, closer to the people. and no new taxes, without voter approval. we have got to pull together not as republicans or as democrats but as californians first. at this stage in my life, i'm prepared to do exactly that.

four of the ten most dog-friendly towns in the whole country happen to be here in california. can you guess a couple of them? that's according to dog channel.com. the site put together a list of the top 40 dog towns in the usa. for the fourth year in a row, carmel was ranked second after province town. ft. bragg took fifth and san diego took seventh. they point to everything from condition of the dog parks to hiking trails and beaches. the news gets even better for stanford football today. head coach jim harbaugh joins us next. also, more trouble for mike singletary and the 49ers. singletary vows to make changes after today's lackluster performance. raj mathai joins us next on "sports sunday." ma'am, can you identify the other airline that charged you bag fees?

that's it. that one...right there. exactly how much did the other airlines make off with? ♪ it was like $25. was that one-way? or roundtrip? roundtrip. $50? did you have a second bag? yes. mm! it was $35. that's $120 roundtrip. [ gasps ] oh! ah! ♪ [ ding ]

and now an nbc bay area editorial. >> this week, nbc is launching a special initiative called education nation, an effort to help americans build the finest education system in the world. i'm suzanne shaw, editorial

director. as critics challenge our schools and teachers to do better, we encourage parents to do better. we parents are the primary role models for children, their first teachers. nbc bay area believes what happens in the home sets the tone. guidelines from california's top teacher and parent organizations encourage families to show a genuine interest in what is being taught, discuss ideas, problems, and consequences. agree on a schedule for homework and quiet time. show enthusiasm for a children's efforts, and meet with their teachers. that's a start. to learn more about education nation and connect with schools in your area, visit our editorial page at nbc editorials.com. hey, this is sharks coach todd mcclellan. you're watching "sports sunday" with raj.

hello, everybody, welcome to "sports sunday." this is the late edition. we're coming to you from our nbc bay area studios. thanks for joining us tonight. i'm raj mathai. plenty of reason to be ticked off tonight. we will allow you to vent. there is also some great stories unfolding tonight and into the week. mike singletary, here is the bad stuff, actually might be good stuff. vowing to make changes. be careful. losing some of his equity within the 49er fan base. nower for upside. six games with a half-game lead. can they hold on for dear life? what lies ahead for matt cain and giants. they are back in the bay area late tonight. and we have two guests tonight. jim harbaugh, the stanford head coach, stanford ranked ninth in the nation. pretty sweet. and brandi chastain. a big day for women's soccer in the bay area. whether we start with the 49ers.