it's harvest season and drug officers are on the hunt. how a raid in a remote area of eastern santa clara county ended with a suspected grower dead. a clue in a brutal murder, why east bay police are hoping that someone recognizes this couple caught on camera. coming for san they got all these rich people with the laws and they're running people off. >> eviction day coming for san francisco's transbay terminal, what's being done to relocate the dozens of people who call it their home. cheerleading is not a sport. i'm dana king... the news athletes or eye candy? why a court has ruled cheerleading is not a sport. good evening. i'm dana king and the news starts now. bust a pot farm during the prime >> this is cbs5 eyewitness news. suspect. >> good evening. i'm battle bass. deputies looking -- ken bastida. deputies looking to bust a pot farm during prime growing

season end up killing a suspect on mines road outside livermore. juliette goodrich shows us it's not an easy area to get to. >> reporter: deep in the hills of eastern santa clara county in thick rugged terrain a large scale marijuana farm was discovered by sheriff's deputies. combining forces the santa clara and alameda county sheriff's department combed the hills above mines road just outside livermore only to find a pot growing suspect. a santa clara county sheriff's deputy shot and killed the suspect during a morning marijuana scouting patrol. >> we don't know whether the marijuana growers actually are local. either they're from here and they take care of the garden on a part-time basis or if there are some people camping out there full time and tending to the garden. >> reporter: we're just on the outskirts of the campground. beyond that caution tape is the command post, but just to get to the crime scene location is about a 2 1/2 hour hike in on foot.

sheriff's deputies set up a command post near the lake del val camp ground, but the actual crime scene was miles out. >> our deputies had driven up to a certain point and from there had to hike in. >> reporter: by marijuana growing standards, this is primetime for cultivating pot plants. >> the season for illegal marijuana grow is from april of each year till about maybe late october or early november. >> reporter: sheriff's deputies aren't saying whether there was a shootout, if other suspects are still out there or if this was public or private property. the last time santa clara county sheriff's deputies fatally shot a pot suspect was two years ago during a raid in the saratoga hills and just last month another marijuana suspect fatally shot in napa county near lake berryessa. deputies say in most cases marijuana suspects involved in large growing operations are

heavily armed and tracking pot growers down can be a dangerous operation. outside live more juliette goodrich, cbs5. oakland police say surveillance video shows two people involved in the murder of a virginia man. this video shows a block of webster street sunday night moments before someone robbed jinghong kang and then shot him. the man and woman in the video match witness descriptions of the killers. kang, a father of three, just had his teeth cleaned and was scheduled to interview for a job at google monday morning. in san francisco police want you to take a good look at this woman. they say she robbed two banks last week. they say both times she walked in, pointed a gun at a teller and demanded money. officers say she hit a bank of america on balboa street in the outer richmond last monday and another b of a friday in diamond heights. no one has been hurt in these robberies. she's described as latina, in her 30s, 5' 3, about 130 pounds

with orangish or red tinted hair. despite the third day of significantly more sick calls than usual, ac transit workers say they are. staging a 6- out. their june sent us this -- a 6- out. -- a sickout. their union sent us this press release that says we are at work. there is no sickout. the union and ac transit are locked in a bitter contract dispute. for the past three days the contract agency said more than 200 workers called in sick, more than twice the normal daily number. >> what is being put forward by the other side is untrue. today's news release by the atu is made up out of whole cloth. it's completely untrue. >> the sick calms started calling in after a contract was forced on workers freezing wages and requires a co-pay on healthcare and the agency changed some of its shifts and

routes. the union says there's unsafe working conditions. in two weeks demolition becomes on san francisco's terminal, a spot where more than 100 homeless people sleep each night. joe vazquez shows us what is being done to help them find another place to rest. >> reporter: look back through the entrance of the transbay remember it. there's about a dozen homeless -- terminal. there's about a dozen homeless people. they've been allowed to camp, but this entire structure will be demolished. long after the bus riders trudge baca cross the bridge and abandon the city, the -- back across the bridge and abandon the city, the terminal comes to life. some curl up on the sidewalk with barely enough cardboard to cover them. >> they ain't got nowhere to go, you know. they got all these rich people with the laws and they're running people off. >> reporter: about 100 homeless people live here. about 50 of them long term including some who lived here

for decades. what will you dow dew when they tear this place down? >> -- do when they tear this place down? >> personally i'm going move around. most other pipe people i know do. >> reporter: the city assigned home -- other people i know do. >> reporter: the city assigned homeless outreach teams. they're trying to get people to move inside. do you want to be inside an apartment? >> yeah, yeah. that would be nice. >> reporter: their goal is to get everybody some shelter, either temporary or permanent housing, before august 6th when demolition is scheduled to begin. >> we don't think that's a place anyone ought to live. so by virtue of having this date, we can engage in a much deeper and more candid conversation with them about how to build a path out. >> we're prepared to reopen the temporary terminal so we can close the existing transbay terminal. >> reporter: tonight the transbay joint powers authority held a public hearing to remind bus drivers that change is on the way. starting next month you'll have to go to a temporary bus terminal for the next seven years. what's everyone going to do

here? the wrecking ball is coming in just over two weeks? >> what they're going to do? they're going to be out there. they're going to be everywhere sleeping in doorways, everywhere. it's going to be bad. >> reporter: the city's homeless policy director is really hoping that will not happen. that's why they have their outreach folks here and say they are being aggressive about recruiting homeless folks to try and get them indoors and, dana, bottom line, august 6th they're going to start demolition here. they don't want a confrontation. so they're hoping people take them up on their housing offers. >> this has been going on for years and this is a hard habit to break. >> reporter: absolutely. the state has allowed folks to be in here. the security guard i chatted with tonight and they said not only do they allow them in here, but a lot of folks who mean well have been donating food and it's become a habit. they've stayed here. >> joe vazquez, thank you. 6 1/2 million dollars, that is how much the city of oakland agreed to pay the victims of

illegal police searches. city council agreed to that settlement with more than 100 plaintiffs, some of whom actually went to jail. the city acknowledged that between 2001 and 2008 some police officers lied to get search warrants so they could raid homes for drugs. e conducting search warrants" at least four of >> what we found was a course of conduct that was pretty outrageous and scandalous, if you will, and really reflected that we had officers who were essentially out of control when they were, in fact, conducting a search warrant. >> the investigation has resulted in at least four police officers being fired. it could be a first for the state supreme court. the latest nominee is fillapina and would be the first asian american justice if confirmed. simon perez with what could be an even bigger first for the court. >> reporter: this 50-year-old is on track to be the next chief justice of the california

supreme court after her nomination by governor schwarzenegger. >> she's been the first on a number of occasions. >> reporter: she would be the first asian chief justice in california and would preside over the first majority supreme court. she would be replacing ron george tipping the ballot 4-3 towards women. any reason why you made her chief justice as opposed to one of the sitting justices. >> we thought she was the best choice to fill chief justice ron george's shoes. >> she's been a judge almost 20 years. >> reporter: starting in 1990 as april sacramento municipal court judge, then -- a sacramento municipal court judge, then superior court judge and court justice appointed to all those positions by republican governors. a few months ago on an appeals court she decided a case on state law that only nurses give insulin to diabetic children in

schools. nurses were in such short supply some students might not have been able to get the insulin they needed. in the end the law was upheld. >> it's not the role of a judge to impose his or her own personal views and say i think it ought to be this way, so this is how i'm going to rule. she understood and that and essentially said, if there's a flaw in the scheme, it's for the legislature to fix and not for a judge to try to rewrite the statute. >> reporter: both her parents were farmworkers, her mother in the philippines, her father on sugar cane plantations in hawaii. childrenned law degrees -- she earned law dr. from sacramento and uc davis and is married and has two daughters. a three-person legal panel must approve and then voters must do so on the ballot in november. on a personal note, one profile of her said she had a hard time finding a job out of law school, so she supported herself by working as a

blackjack dealer in reno. in sacramento i'm simon perez, cbs5. says that's not enough to make complicated routines and strenuous workouts, why one court says that is not enough to make cheerleading a sport. some south bay parents trying to save their kids' school programs, what weeks of fundraising has netted them and what they were able to salvage. and the terminator takes a shot at the road warrior, what governor schwarzenegger had to say about mel gibson's recent tirade. >> we're calling it the summer doldrums because some areas were a good 10 degrees below average. now the neighborhoods that were warm 10 degrees on thursday. pinpoint forecast up next. ,,

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tonight. not just for the love of the game, but the love football fans packed spartan stadium in san jose tonight, not just for the love of the game, but for the love of a man. legendary los gatos high school football coach charlie we'd meyer was honored at --

weidemeyer was honored at the all-star game. he coached more than 30 years even after being diagnosed with als. he died last month. they have to memorize those complicated routines, practice almost day but they are not officially athletes, at least not in the eyes of one judge. kiet do on the court decision that concluded cheerleading is not a sport. >> reporter: look beyond the hair, makeup and pompoms and it's obvious that cheerleading is more than the sum of its mini stack. cheerleaders now a days are strong, fast and coordinated, in a word athletic, but are they technically athletes? u.s. district judge stefan underhill in connecticut said no. >> a federal judge said that cheerleading is not a title 9 sport. >> oh, my god, cheerleading is such a sport. >> reporter: this all started when the quinnipiac university volleyball team in connecticut sued the school. the school tried to cut volleyball and replace it with a cheering squad in order to

maintain title 9 gender equity in sports. here's the deal. a cheerleader's main job is to lead cheers. typically competition is secondary. so really the federal judge has cheerleading in a technicality. the judge ruled that collectively cheerleading is still too underdeveloped and disorganized and can't offer genuine varsity athletic participation. it's a huge win for the volleyball team, but a disappointment to cheer teamwhere. do you think this lowers the opinions of cheerleaders in people's minds? >> not at all. i think it's just going to like fuel the fire i guess you can say much. >> reporter: is that frustrating? >> yeah, it is because i mean i think everyone just thinks it's easy stuff and it's really not. we work, you know, flipping a girl into the air isn't as easy as it looks. >> reporter: lifelong cheerleader marissa cabadoy asks who is the judge to judge her? >> if he was to try to jump all

the jumps we do, try to dance do, a whole routine and dance and stunt at the same time, learn how to do a base back flat and a flying jump, i think he would understand. >> reporter: if it's technically not a sport, then maybe there are no winners and losers. mission accomplished for some students and parents in the east bay. they've raised half a million dollars in one month, enough money to keep 35 teachers in fremont unified from being laid off and prevent any school programs from being cut. despite the fundraising, though, the school district will still lose more than 200 teachers. the class sizes will be bigger next year. we're midway through the week, going to check with roberta on the rest of the week. >> you know you're inland when you're able to see the almost full moon tonight. this 86% waxing gibbous moon. can't see it around the seashore or bayside because we are socked in with the low

clouds and fog. in fact, tomorrow morning commute you can bank on a very thick deck of low clouds and patchy fog, roughly about 2,000 feet deep. it's going to shroud the coach and keep us in the -- coast and keep us in the drizzle. when will it dial back the ocean? today no clearing at san francisco at 56 degrees when typically we should be right around 68 degrees. notice the morning commute totally saturated with the deck of clouds and then by lunch hour we start to see partial clearing bayside, my best guesstimate according to the computer models, no clearing at the immediate seashore. that's because this area of low pressure, it's been anchored right off the coast. it's enhancing that marine layer. it's going to gradually slide to a stop and allow some warmer air masses tomorrow. overnight 49 degrees in pacific car, mid-50s mountain view which is a -- pacifica, mid-50s

in mountain view. tomorrow's daytime highs 75 in san jose, 75 degrees in fremont, 76 in los altos. east of the bay 90 in brentwood, tracy, oakley, back it around toward discovery bay. otherwise north bay numbers stacking up like this, about 50s at the beaches to the low 80s in sonoma. the extended forecast does call for a stagnant weather pattern every day, warmest day of the weekend saturday. remember we want to see your summer fun pictures like this one coming up right here. it is hang gliding at yosemite. thanks, david. keep the photos coming. we'll be right back after this. ,,,,,,,,

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reviving the economy means reinventing the way we do business. here's to the owners showing us the way. [trumpet playing "reveille" fades to silence]

well. forecasters say the tropical weather moving toward the gulf has stalled bp's drilling of a relief well. forecasters say that the system will likely arrive this weekend, but it does appear to be weakening. the entire operation could be delayed up to two weeks. the governor mentioned the gulf oil leak today and the

lead-up to a joke about mel gibson. >> no one has figured out how to contain mel gibson is the bad news. mel gibson no one knows how to contain. so this isy want to ask all of you to please turn -- is -- this is why i want to ask all of you to please turn off your cell phones. >> all that was in retches to the profanity laced recordings that -- respect to the profanity laced recordings that a website has obtained. we're all trying to be more careful these days with what we throw in the trash. tonight's good question comes to us from becky, redwood city, who wants to know how do you properly dispose of those fluorescent tubes and bulbs and why are they so dangerous? >> the utility companies and state and local agencies have been telling us for years how

energy efficient these new compact fluorescent light bulbs are, but what they didn't tell us was how to properly dispose of them, especially if you break one. >> first of all, open all the windows in that room. have everyone leave the room, even your pet. >> reporter: the epa's olaf hanson said the bulbs contain minute particles of powder mercury and that's the problem. ingesting even small amounts of this stuff can be a health concern. so if you break one of these cfls, got to clean up the glass, here's how. masking tape or duct tape and just pick up little pieces of broken glass. >> then maybe take a wet paper towel and wipe up the dust. put it all in a plastic bag. seal it up. >> reporter: hanson said these bulbs should never be thrown in the trash. most hardware stores will have them properly recycled and it's one reason he says that cfls could be on the way out. what's coming in?

the new l.e.d. bulbs. >> these l.e.d.s do not contain mercury. they're a little bit more expensive. you get the money back in five months. >> reporter: i need your good question. send them to me at www.cbs5.com. the sweep of the dodgers..we're up next just how big a catfish be? the new record catch is coming up and the giants go for the sweep of the dodgers. we're up next. ,,,,,,,,

"meg whitman says she'll run california like her company..." seen this attack on meg whitman? who are these people? they're the unions and special interests behind jerry brown. they want jerry brown because, he won't "rock the boat," in sacramento. he'll be the same as he ever was. high taxes. lost jobs. big pensions for state employees. the special interests have chosen their governor. how about you?

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dodgers manager joe torre was suspended for tonight's game after last night's bizarre loss to the giants. so don mattingly was the dodgers matter with the sheepish grin. giants pr game jim moreheadsetting up lincecum for gameday. barry zito made one mistake and that was it allowing just two runs. that's all the dodgers starter chad billingsley needed tonight. he goes the distance, just five hits working the second shutout of his career. both against the giants, by the way, who dropped five games back in the west, 2-0 the final. was drafted by the a's outfielder matt watson was the definition of a baseball journeyman. drafted by montreal in 1999 from montreal going to the mets

in 2002, oakland in 2003, across the pacific, went to japan in '06, toronto in '07, south korea in the offseason, back to the mets in '09, finally to oakland this year. why a geography lesson for watson? in the 2nd inning against boston his first major league home run and the a's go on to win 6-4. they take two out of three from boston. they're starting to heat up. warriors forward david lee suffered a mallet finger injury yesterday at team usa's practice. lee's middle finger won't straighten on its own. they'll put a splint on for six years. meanwhile warriors sign harvard grad and former palo alto high school star jeremy lynn to a two year contract. he won a state contract and was coveted by multiple teams but chose to sign with the one he loved. >> that locker room about an hour ago and i saw my name tag up there. that was pretty crazy. >> to me it's like it's a

sitcom, it's a fake deal that we're here. it's like this isn't really happening. top five, tim lincecum getting some air time in l.a. today inside a wind tunnel. that's tim. not a very graceful dismount. no. 4, zito's gem tonight came with a little help from his friends, specifically nate. no. 3, not only does alex gonzalez make the play but keeps his foot on the bag and the padres beat the braves. no. 2, a 46-year-old record in missouri, 130-pound catfish pulled out of the missouri river. no. 1, ball boy in new york with a great play on the screaming line drive. the ball probably would have hit someone in the crowd. the yankees win, yankees win. they do every night it seems and you'd never ever see the ball dude making that play at

at&t. >> well, that's because they're looking at all the girls up in the stands. >> the guys at at&t? >> i think. >> how do you know? they've been married for 50 or 60 years. >> we'll be right back. ,, built with quality and backed with the best coverage in america including a 100,000 mile powertrain warranty. that's 40,000 more miles than ford. chevy silverado half-ton. a consumers digest best buy and the most dependable, longest lasting full-size pickups on the road. now get 0% apr for 72 months on 2010 silverado half-ton models

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