her for changes. 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. right now at 11:00, reversing the irreversible. the stem cell trial doing permanent damage to the human heart. have you seen this man? police issue warning to women after the sexual predator strikes twice. the death penalty moratorium may be over. california's death chamber could be back in business. executions at san quentin prison

could resume as early as next week. just served with a death warrant, riverside killer albert brown could become the first death warrant inmate executed since 2006. we're at san quentin tonight. what's changed, jean? >> tom, a federal judge ordered a halt to executions here in san kw quentin in 2006 citing changes that needed to be made. now they say those changes are in place and the state is ready to be executing inmates. >> he was not just executed, he was tortured to death. >> reporter: barbara mcnatural wi -- mcnoul will never forget witnessing the death penalty. she says it is proof of cruel and unusual punishment. >> they collapsed the veins of

one of the arms. part of the protocol was to make sure both arms were connected because one of the arms was a back up in case something went wrong. when she had difficulty getting one arm to work, she abandoned the effort to get the other arm plugged in. >> they admitted the execution team experienced problems. a federal judge ordered a moratorium on executions in california in 2006 when death row inmate michael morales filed a lawsuit, claiming the process is unconstitutional. the judge demanded protocol changes and execution chamber improvements. with construction now complete and new procedures and training put in place in august, state attorney general jerry brown's office told a federal judge today california is ready to resume carrying out the death penalty. san quentin served convicted murderer and rapist albert brown a death warrant. he is now scheduled to be executed september 29. supporters of death row inmate

kevin cooper, who received a stay of execution in 2004, say cooper doesn't believe the process has improved. >> he's familiar with what happens and all the steps, and he can tell that not a lot has changed. >> reporter: death penalty proponents say the state needs to slow down. >> with all these concerns, there are multiple cases pending in court right now and yet we're trying to leapfrog over all those concerns and rush to execute people now. >> reporter: a federal judge says tonight that he will issue a ruling by friday about next week's execution. in the meantime, preparations here at san quentin are moving guard and activists are preparing to protest. reporting live outside san quentin state prison, jean necessarilyly, bay nelly. it's laughable t hte supports the death penalty when he has long been opposed to it.

oakland police have released a sketch of the man suspected of robbing and sexually assaulting two women in lake merritt sunday evening. take a close look. the suspect is described as in his 20s, 5'6" to 6'and people are being warned to stay in lit areas and be aware of her surroundings. a 16-year-old died in a fiery car crash. friends and family gathered at the site of the accident in san jose. the friend of ravari is in jail on charges of dui, leaving the scene of a crash and vehicular manslaughter. >> everybody needs to learn from this and not take it lightly, because it's horrible.

it's like the biggest tragedy ever. >> this is the second bay area crash in the past week involving a teen dui. tonight police are on the hunt for a bay area man accused of manipulating his mentally disabled girlfriend into prostituti prostitution. south san francisco police received a tip that this man, 27-year-old nicholas gerenes, advertised sexual services involving his 21-year-old girlfriend on several different web sites. investigators found the woman who verified the story, and told police she gave the money she earned to gerenes. an oakland state judge made a ruling today but said his ruling may change if he determines a partial jury cannot be seated. former muslim leader and co-defendant toan mackey are accused of carrying out the

killing of chauncey bailey back in 2007. they have pleaded not guilty. bailey was investigating a store when he was shot to death. barbara boxer is gaining some ground in the senate race against carl fiorina. that poll puts boxer ahead 47 to 43%. that is within the margin of error, however, earlier this month that same poll had fiorina up 1%. a buzz battle is brewing tonight. california beer distributors are spending big bucks to oppose prop 19. that's the november ballot measure to legalize marijuana. the beer industry sees pot as a threat to sales, worried that consumers may choose marijuana over margaritas. our reporter takes a closer look. >> reporter: what if one day you could legally choose this bud or this one? paula gardner is an established

watering hole and restaurant for 23 years, but her loyal patrons say it's simple. sdp >> some people like to drink, some people like to smoke. i don't think it would hurt anything. >> however, delivery workers who deliver beer and alcohol have donated money to fight legalizing marijuana. >> the fact they're even fighting against it is funny. we have to save our own skin and protect our own assets. >> reporter: that's not true, according to a spokesman with the california beer and beverage distributors who told me, quote, this is not a competitive issue for us. this motion has nothing in it for our protection. if one of our semis is on the highway heading to the retailers, how do we know if he's under the influence? plain and simple, the alcohol industry is trying to kill the competition. their mission is to drive people to drink.

it's a heck of a coincidence. they are pedestridling a product is far more dangerous than marijuana. they say not to worry, that smokers are not necessarily shut-ins. >> that's to say that somebody who uses marijuana just oppositsits on the couch and is a pothead and therefore they don't leave the house. >> we'll get involved in this debate in the coming weeks before the election. in hollywood, i'm robert cavalsink. the fight for the don't ask, don't tell policy is far from over. >> this isn't the end of this. we're going to continue to move on. we know we've been blocked procedurally. >> republicans voted unanimously against a major defense policy bill that included a provisional loug gays to serve openly in the

military. tonight democratic leaders say the bill will be revived likely after november elections. 13,000 men and women have been kicked out of the military since don't ask, don't tell took effect back in 1993. coming up tonight, the first lady hits the campaign trail. see when and why michelle obama is coming to the bay area. >> we'd like to try to make heart failure a disease of the past, heart transplants obsolete. >> reversing the irreversible. the stem cell trial that's undoing permanent damage to the human heart. you're paying the price for driving on damaged roads. i'm vicki nguyen. i'll show you those roads. >> we'llome ut some big-time heat coming our way and

50s tomorrow.

potholes, crumbling pavement

and cracked roads. the bay area tops the list. vicki nguyen is now here to tell us what it's costing drivers out of pocket. >> lisa, san jose ranks number one. the study was done out of california. 53% of the streets are listed in poor condition. san francisco, oakland and concord are not far behind. the study says drivers pay on average up to $750 more a year on car repairs thanks to the did i lap -- dilapidated roads. count yourself lucky if you haven't blown a tire on the bad roads. >> this car actually jumps. >> now a report from a national transportation research group

spotlights the worst cities based on the percentage of roads listed in poor condition. six of the worst ten are in california, with san je at the top with 64%. the san francisco/oakland roadways tied with con court at 68% of roads in poor condition. >> san jose has the worst pothole conditions in the united states. it costs the average person $756 in repairs annually. >> burt is the executive director of transportation california. he said the solution is simple. more money from gas taxes, tolls and car fees. >> the longer you wait, the more expensive and more difficult it becomes to fix these repairs. >> being number one on this list is not something we take as a point of pride. >> hans larsen says the damage in the report reflects the condition of roads in the entire county of santa clara, including highways that are maintained by the state. >> this summer san jose received

$15 million to repave some of our worst streets. >> he said it doesn't include the improvements on willow, alma, taylor and snell, part of the repairs this summer. >> there's been almost $100 million of resurfacing on freeways on san jose, most recently route 101, 280, route 680, all of those have been improved in the last couple years. >> he says 18% of roads in san jose are actually in poor condition. the top five include monterrey highway, whimby road, which are slated for repair next summer. >> we have estimated the cost to fix those streets is about $250 million. >> but larsen agrees that with six of the top cities in the

worst ten, more repair is crucial. >> these roads are 50 years old and now need major work. >> and where will all that money come from? well, voters here in santa clara county will decide this november if they want to add a $10 fee to car registration fees. you can also expect to see more carpool toll lanes like the one that just opened on 680. 101 and 85 are next. reporting live in san jose. starting tomorrow night, transit could decide on more cuts. they're considering cutting weekend service in half and eliminating all but two of the agencies' overnight bus lanes. the cuts would save more than $12 million. the union representing transit workers say the cutbacks are not

necessary. bart is urging them to consider a pass. they had a multi-million-dollar service when they cut workers largely because it charges a distance-based fare. bart is the only transit that doesn't offer a monthly pass. more than a million americans have heart attacks every year, leaving them with permanent heart damage. now, one california hospital is doing something that's never been done before. using a patient's own stem cells to heal the heart. crushing pain in the chest radiating to the left arm. the classic signs of a heart attack. by the time you get to the hospital, the damage may be irreversible. part of the heart muscle may die. fred had his heart attack while he was playing with his grandkids. after that, he just wasn't the same. >> you knew something was up, i could still feel a little tightness in my chest. you're thinking about it all the

time. >> he enrolled in a ground-breaking trial that for the first time attempts to repair muscle damage caused by a heart attack with the patient's own stem cells. >> by using a patient's own cells and giving them back their own cardiac stem cells, we're hoping to avoid any possibility of immune rejection because the patient is getting essentially an identical genetic product. >> stem cells are extracted true a catheter in a minimally in vaseive procedure. a forceps takes a sample of tissue, and then in the lab, the stem cells are isolated where they can multiply. >> we have millions of cells within a few weeks. >> those millions of cells are injected right back into the injured area. the hope is they will start to heal the scar and start to reverse the damage caused by the attack. >> they not only turn to blood

vessels thems, but it's like a wake-up call to the cells that were in the heart all along. we'd like to try to make heart failure a disease of the past, heart transplants obsolete. >> it seems to have made a major difference to fred, who underwent the procedure about a year ago. now he can take brisk walks without any chest pains. >> it seems to be working great and i feel fantastic. i have a pretty strong feeling i will be around for my granddaughter's daughters. >> it's amazing how quickly this science is coming along, isn't it? >> time to turn to weather. nice day today, but it's getting hotter like your salsa this afternoon? >> yeah, we were out there dancing. i do have some rhythm, but you couldn't tell today. live tv, pick out what you want. today's highs, we did have some low 70s here in the east bay with 71 in livermore, 71 in

gilr gilroy, still some do recall temperatures there in the north bay as well as temperatures remained below avrerage in this latest twist in our weather. right now temperatures are dropping and pretty quickly. mid-50s here throughout the peninsula and right down on south bay, we're looking at 61 in south bay. we have the fog out there. it's more patchy in nature, so that will mean plenty of mid-50s to start in the morning. meanwhile, the cool air stays in place with lots of 70s inland, but ahead we are still talking about some major warming in that seven-day forecast. right now we're still settling into this slightly cooler pattern. we had this mid to high-level cloud pattern passing over us today and that trend will stay with us yet for one more day before the pattern really starts to shift. we'll see high pressure building from the south. it's going to force a lot of compressional heating down to the surface and some warming

trend on thursday, and friday, saturday and sunday, while there is potential nor upper 80s and low to mid-90s inland, some pretty nice beach weather coming our way as well. chilly start at 10:00 a.m., still low 60s. but by that time we should be breaking into some sun. the east bay and north bay upper 80s, starting at 50 degrees. 75 in evergreen, 73 in livermore, 72 in dublin, and the peninsula, 60, close to 7 on, degrees, and the salsa festival happening this saturday. we're out there salsa dancing ask tasting some hot salsa. you can enjoy that saturday from noon to 8:00 p.m. you can go to nbcbayarea.com and

get more. yes, fall officially arrives tomorrow and it will feel like fall tomorrow, but by the weekend, low 90s inland rolling back to summer heat. here's the good news. if you want to get in some beach weather, low to mid-70s at the coast. >> the dog days of september, in our case. >> yeah. >> all right. better late than never. when we come right back, she's hanging it up for good,ys. guys. [ male announcer ] as the ceo of hp, carly fiorina laid off 30,000 workers.

when you're talking about massive layoffs, which we did... perhaps the work needs to be done somewhere else. [ male announcer ] fiorina shipped jobs to china. and while californians lost their jobs, fiorina tripled her salary. bought a million dollar yacht. and five corporate jets. i'm proud of what i did at hp. [ male announcer ] carly fiorina. outsourcing jobs. out for herself. [ barbara boxer ] i'm barbara boxer and i approve this message.

the man who hired meg whit man to run ebay said he likely would not vote more whitman if he still lived in california. he told bloomberg news that he thinks whitman makes good management decisions but he disagrees with her stances on social issues, mainly prop 8 and immigration. the white house says mrs. obama will be making at least nine political appearances in six states, including california. she is scheduled to arrive in san francisco on october 25. the campaign for senator barbara boxer. apparently she can't turn back time. cher is leaving las vegas, calling it quits after 200 shows, over-the-top kcostumes ad elaborate productions. the last show is set for february 5. ticket for her final run of shows starting january 11 will

go on sale saturday. >> goodbye to another diva. >> she still does it for me. sdp >> she's pretty good, isn't she? >> is mayor nistrom stepping down? oh, you're saying rookie of the year. pull up the tarp. governor posey tohe t rescue. no, the sharks back in town? we're back in a moment. i'm done with all these lists.

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here we go. we start with the clock. 12 days and 11 more games, the giants holding on for dear life here. tonight in chicago, about a one-hour rain delay. get that tarp out of here. wrigley field where the tarp finally came off. we had some umbrellas as well. cane went six shut-out innings. he looked real sharp for his second real start here. mayor posy, top of the eighth inning, his 15th homer of the season, the most by a giants rookie in 25 years. chris brown did it back in '85. brian wilson with his league high 44 save. giants beat the cubs 1-on. they have a half-game lead in the division.

great pitching in opening land as well. he got help from cliff pennington. bottom of the fourth, a two-run double off the state farm sign. jack cust and chris carter score. the a's beat the white sox 7-2. they gained a lot of respect around the kcountry. they also gained a lot of viewers. big ratings for last night's games. more than 15 million viewers. it was the top-hated show on cable and broadcast tv in the key demographics. michael said today, he was happy with all parts of the game but unhappy with the four turnoefve. 49ers see if they can par lay their strength in kansas city. another big story tonight.

the long road to recovery for michael vick. things are looking good for the embattled quarterback. vick today named the permanent starter of the philadelphia eagles. he replaces kevin cole. by the way, vick and eagles coming to candlestick to face the 49ers in about three weeks. guess who is back in town? the sharks. it seems weird to say this, hockey season is here. the sharks kicking off training camp this week. all the fans hanging out at the tank tonight. a little meet and greet with fans and players. danny heatley signing some autographs. that joe thornton there? it is. thornton, his first shot is a goal against miami. a little payback in the blackhawk series. >> it feels good. the guys are excited to get back and get started again after the summer. >> i think the first exhibition game tomorrow night will get

things going so we can start playing against other teams, stop beating up on each other. >> yeah. hockey is here. the sharks open the regular season on october 8 just around the corner in sweden against the columbia blue jackets. when we return, nothing a i as we approach the midnight hour. back in a moment. 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 have to make some tough decisions. we have to 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. announcer: has the overpowering smell of scented (music playing) garbage bags taken over your kitchen? (woman blows at scented tree) hefty bags with unscented odor block technology help neutralize odors with no added scent. hefty! hefty! hefty! 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 ]

the giants hoping to be doing this in the next 12 days, but for now it's the minnesota twins, the first team in baseball to clinch a playoff

spot. they won their sixth division title in the last nine years. >> whether they win it or not, the giants should do that for entertaining us so thoroughly. >> the champagne is on ice. >> i'm going to take the champagne down there for them. >> all right, guys. good night, everybody.