your realtime captioner is linda marie macdonald. caption colorado, l.l.c. thanks for joining us? >> the san jose police officer is in the water.

he is under investigation for pretending to arrest his stepdaughter's boyfriend. anne makovec is in san jose to show us what prompted him to handcuff a 15-year-old boy. >> reporter: he is accused of doing something that a lot of fathers would probably like to do, placed handcuffs on the boy who is accused of having sex with your child. but this is something that can land him in handcuffs. riding a police motorcycle and wearing a full uniform, a veteran san jose police officer is accused of abusing his authority driving to the home of this 14-year-old stepdaughter's 15-year-old boyfriend and handcuffing him for having sex with her. >> the handcuffs are the dethis case. if it's just a lecture and the officer being upset as any parent would be in this situation, that's one thing. but the minute you put handcuffs to scare somebody, that's where it could rise to the level of false imprisonment. a very serious allegations. >> reporter: sex between teenagers is a misdemeanor but

citations are rare, especially from a parent. >> it is standard practice for us here in the san jose police department to not assign officers to investigate cases where there is personal conflict. >> reporter: is this standard practice for an officer to handcuff a teenager for having sex with another teenager? >> if the elements of the situation that took place fit the violation of the crime, then it is proper to place handcuffs on that juvenile. >> reporter: both teenagers could face misdemeanor charges of unlawful sex brought to authority's attention not by the officers but by the parents of the boy who was falsely arrested. they allegedly reported the officer's actions to police, even showing cell phone video of the false arrest. according to "san jose mercury news" the officer is heard saying a cop's daughter is not something you mess around with. you're stupid. >> the scene whether it rose to the level of a criminal case

and a lot depends on the videos that were taken. >> reporter: but we got this statement from the lawyer representing the officer involved saying, the officer was essentially invited to use scare straight tactics and there were no objections to the lecture or the hand culturing. everything was done in the spirit of reaching a troubled young man who was heading down the wrong past. they say that prior to leaving they thanked the officer and shook his hand. in the court of public opinion the jury is still out. >> i don't like what the man did. but he is the father of the girl, i suppose he was emotionally involved. >> reporter: this woman thinks the boy's parents should drop it. >> i don't think it should be a big deal at all. i mean, i think the kid that's having sex with -- both of them. they are both equally guilty. so what would you rather have someone slap your hands in private or go through the papers and everybody knowing your business? >> reporter: now, that officer is on paid administrative leave this afternoon. the district attorney's office

is conducting a criminal investigation. right now they won't comment on it. they said they have asked the san jose police for more information in that case. juliette? >> who took the video? >> reporter: the alleged video. we haven't seen it unfortunately. that is -- it was taken apparently by the parents of the boy who was falsely arrested this. all happened in their home. >> oh, wow. all right, anne, anne makovec thank you. the clean-up effort is under way in san bruno. the first thing crews are doing is removing the burned-out cars on th streets to clear the way for construction equipment to move in to demolish and removed destroyed homes. chopper 5 also found crews hosing down dirt this morning trying to keep toxic dust from blowing around. county health official want the clean-up to be finished before the rainy season begins to prevent hazardous runoff. the county is sponsoring a health insurance resource event for all the victims of the

disaster. oakland police have now released a sketch of a suspect who attacked two women in lake merritt. this is who officers are looking for. the attacks happened late sunday night. both women were robbed and then sexually assaulted. women in the neighborhood are being told to be on alert, stay in well lighted areas and avoid using headphones or talking on cell phones. and a second major water main break has shut down several streets in pleasant hill, officials saying it's part of the same water line that burst a week ago. crews worked all morning to repair it. the break was reported around 7:30 last night at the intersection of morella and kiki. dozens of sandbags were requested but no flooding is record. however, water service has been disrupted to 40 homes. it is not known when service will be restored. san jose is number one, but in this case that's not a good thing. according to a new report, the city has the worst roads in the

country. 64% of roads in the san jose metropolitan area are rated in poor condition. that's according to the national transportation research group, "trip." four of the top five cities for worst roads are in the bay area in concord, and in san francisco-oakland metropolitan area. they are tied 58%. the national average is 24%. it may soon be harder to catch an a.c. transit bus during certain hours. the agency proposing eliminating about half of its weekend routes and most late- night lines to help balance its budget. there is also plan to outsource paratransit buses for seniors and disabled. a.c. transit says the cuts could save $12 million. the issue will be taken up at tonight's meeting. if approved, the service reductions will take effect in december. it's been four years since california executed a death row inmate, and that could change next week.

a federal judge says he will decide by friday whether the state can execute albert brown. brown was convicted for the 1980 rape and murder of a 15- year-old girl in riverside county. officials at san quentin say the state's refurbished death chamber will be ready for a planned execution next wednesday. if judge lifted the moratorium on capital punishment. it was implemented after another judge ruled in 2006 that the state's lethal injection method caused great physical pain. for the first time, we are getting a look inside the new execution chamber. it sits just outside death row in a single story structure. it's four times bigger than the old gas chamber. and according to prison officials, it's more efficient. present as past leaders of the southern california city of bell made their first court appearance a short time ago. the eight accused have been charged with stealing millions in public funds to beef up their salaries. they stood behind protective glass in jumpsuits as a judge

read the charges against them. bill whitaker says this case is being called corruption on steroids. reporter: after months of anger and outrage, the sit sensing of bell finally had something to cheer about. >> this is the greatest victory in bell. yeah! >> reporter: the city manager of bell, the mayor, eight city officials in all, arrested on criminal charges of misappropriating more than $5.5 million. >> this was calculated greed and theft accomplished by deceit and secrecy. >> reporter: bell is a working class suburb of l.a. with 36,000 residents. the median household earnings, about $39,000 a year. yet four of five city council members took home more than $100,000 a year for part-time work. do you have anything to say to the people of bell? but the salary that raise thed the most eyebrows, former city manager robert rizzo almost $788,000 a year, double

president obama's salary. add in benefits and secret loans, and the d.a. claims rizzo bilked bell for $3.2 million and city taxes kept going up. >> everything doubled! >> reporter: and anger reached a fevered pitch. >> shame on you, all of you! >> [ bleep ] >> yeah! >> they used the tax dollars collected from the hard working citizens of bell as their own piggy bank. >> reporter: now residents are jubilant but the fact is, the disgraced city council still runs bell until members either resign or are recalled by voters or are convicted. bill whitaker, cbs news, los angeles. the man at the center of the tainted egg recall has a message for anyone who got sick. >> i have prayed several times each day for all of these people for improved health. >> the farmer in the hot seat today as congress tries to get to the bottom of the outbreak.

governor schwarzenegger makes an unusual request in the budget negotiations. why he is now asking lawmakers to meet him in los angeles instead of sacramento. plus, they have been trapped underground for more than a month. why those miners in chile have new reason to celebrate this afternoon. and we may be moving into fall, but we're talking heat wave! yeah, hot temperatures on tap for the weekend. we'll take a look at the hot forecast coming up. r of this summer's tainted egg reca ,,,,,,,,

[ female announcer ] jerry brown and oakland's schools. 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.

the man at the center of this summer's tainted egg recall is in the hot seat today. lawmakers are trying to get to the bottom of the outbreak and prevent it from ever happening again. joel brown reports now from washington. reporter: the owner of one

iowa company at the center of this summer's massive egg recall told congress and the public he is sorry. >> we apologize to everyone who may have been sickened by eating our eggs. >> reporter: jack has been called before the house package looking into the recall of a half building eggs. sarah lewis was among those who got sick. she had a clear message for lawmakers. >> i wish i could say this would never happen again. please consider changing your fda policies to more closely monitor the egg industry. >> reporter: the fda investigation hasn't turned up a specific cause for the outbreak but agency experts found evidence that the salmonella strain that made thousands sick was present at hillandale and wright county eggs a company that supplies hillandale. decoster is no stranger to battles with the government. records show he paid millions in state and federal fines over 20 years for health, safety, immigration, and environmental violations at his farm.

after the recall, fda inspectors visited both hillandale and wright county egg. during the visits, they found live rodents and mice at both farms. at wright county egg they found manure piled so deep, it was leaking through a building's foundation. and at both locations, they found maggots and countless flies near the egg belt. the head of wright county egg told the panel, his company made huge security and food safety changes after the recall. joel brown, cbs news, washington. governor schwarzenegger is now asking lawmakers to come to los angeles to discuss the budget instead of a meeting in sacramento. the reason? he is battling a bad cold. the governor has not been to the capital in recent days. he thinks the illness stems from a recent trip to asia. so the governor has called democratic and republican leaders to meet closer to his home in brentwood so he doesn't have to travel. the budget is nearly three

months overdue. three governor and lawmakers are still trying to close a $19 billion budget gap. there is new head coach for the early rescue of 33 -- hope for the early rescue of 33 miners rescued in chile. a rescue tunneling may be finished earlier than expected, originally planned for november, but crews are ahead of schedule. the rescue could happen as early as next month. so right now, a small hole is being used to send food and water and medical supplies to the miners. they have been trapped for more than a month. all right. many of us do this. we try to balance a good food with a bad food. right? >> think whatever makes you feel less guilty about what you're eating. >> yeah. and it's lunchtime, too. but are we doing ourselves more harm than good? an important lesson that's coming up on how to count those calories. ======== ,,,,,,,,,,,,,,,,,,,,

all right. i just got to know, is it fall? when does fall happen? when? >> fall happens at 8:09 tonight. >> tonight. but the first full day of fall is tomorrow? >> first full day of fall is tomorrow. >> but it's going to feel like summer this weekend. >> it's going to feel like summer this weekend. >> take it away! >> confusing, isn't it? as we move into fall, we are talking about the last day of summer. not much in the form of clouds talk about at ocean beach. plenty of sunshine at the coast and temperatures today's, i

think you're going to like it. the winds have cleaned us out. no low clouds, no fog. but take a look at our pretty breezy areas, sausalito gusting up to 28. san francisco gusts as high as 31. sfo at 26. redwood city and emerald hills winds up to 27 miles an hour. breezy conditions are expected for the coastline and also for the bay for the afternoon. but sunny to mild temperatures in today's highs from the mid- 60s at the coast near 70 at the bay and near 80 degrees inland. for tonight, patchy fog expected to develop along the coast and also for the bay. but well inland another cool night with temperatures dropping down to the upper 50s as mostly clear conditions are expected. here's a look at some of those temperatures today. lower 70s in fremont and milpitas. 72 in santa clara. 70 in sunnyvale. 70 in mountain view. and the lower 70s in palo alto and also in redwood city. these temperatures are still

as much as 13 degrees below average. upper 70s in antioch and in brentwood. lower 70s in walnut creek, danville and san ramon. and just along the bay here the 60s with the mid-60s in berkeley, 69 in san leandro, and 69 degrees in hayward. we are moving into fall. and today temperatures feel pretty fall-like. mid-70s in sonoma and napa. 70 san rafael, mid-60s in sausalito and in san francisco. so we are moving into fall. tomorrow we're warming up the first full day of fall. friday we warm up even more. and do you see the weekend? saturday and sunday the mid- 90s inland. monday i got 99 on there. but we could very well see 100- degree temperatures across the bay area well inland. 80 around the bay and the lower 70s along the coast. we are moving into fall. but again it will feel like

the summer that wasn't. mypix photo a beautiful day sunshine at montera beach. if you have a photo to share, send it to mypix@cbs5.com. so juliette, we are moving into fall. >> right. >> but it's going to be a hot weekend. >> okay. sounds good. you explained i well. eat more fresh fruits, veggies, more whole grains, wild salmon. for the motion part we are eating healthier. but there is the dieter's paradox. dr. kim mulvihill reports. reporter: there are good foods and there are bad foods. and then there's what's called the dieter's paradox. that's when you add a good healthy food item to a bad unhealthy meal and voila, the calories disappear.

>> i wouldn't think so, no. it? >> i think whatever makes you >> reporter: researchers found it's true that calories do disappear but only in your mind. roughly 1,000 individuals primarily women were shown four unhealthy meals and were then asked to calculate the calories. but every time a healthy item was added to the unhealthy meal, presto change-o, the perceived total calorie count dropped, especially among those who are watching their weight. for example, chili with beef was thought to contain 690 calories but add a small salad without dressing to the meal and the perceived total calories dropped 11%, to 621 calories. a burger alone was thought to contain 734 calories. add a few celery sticks, women thought they were eating 619. that's nearly 16% fewer calories. dr. kim mulvihill, cbs healthwatch. >> i like that. people are subtracting. dr. kim reminds us, adding any foot identify em to a meal is going to increase not decrease calories. and eating healthier foods, that's a must. but be realistic and learn how

to count your challenge ris. all right. the dog days of summer may be over. but this dog, he is go to keep on panting right into the record books. we'll be right back. diabetes testing? what else is new?

you get the blood, hope it's enough, it's -- what's this? [ man ] new and improved freestyle lite® blood glucose test strip. sure, i'll try it, but -- [ beep ] wow. [ man ] yeah, that's the patented

freestyle zipwik™ design. [ man #1 ] it's like it -- targets the blood. targets the blood. yeah, it draws it right in. the test starts fast. you need just a third the blood of onetouch®. okay. freestyle test strips. i'll take 'em. [ man #2 ] sure. call or click -- we'll send you strips and a meter, free. can't i just have these? [ man #2 ] freestyle lite test strips. call or click today. [ female announcer ] this is not a burger. it's better. because with 57% less fat than regular ground beef, it's better for you. you see, this is a morningstar farms® meatless griller. that's right, meatless. and it tastes as good as it looks. so you can still enjoy that grilled-burger taste you love... and everything that comes with it. morningstar farms® grillers® original. [ indistinct conversations ] now that's more like it. [ ding! ] well, today's tip of the

someday rose mary. the most popular way to buy rosemary are rosemary branches. they are great with chicken, all types of meats. they lend themselves to enhance many flavors. when you buy your rosemary like this, this is important because it is fresh, you want to keep it that way, you want to make sure all the rosemary is nice and mint green. that is so important. when you bring the rosemary homing, store it in the refrigerator right away. it's only going to last you about two to three days at the very most. any longer than that, they will start to dry up and lose all that wonderful flavor that rosemary has. when you use it, just pull your hands down the bottom just like this and they will start to fall down. look at all the rosemary leaves falling apart. i using the branch like a shishkabab and secure. it enhances the flavor. i'm tony tantillo, your fresh grocer. and always remember to eat fresh and stay healthy. rosemary has to smell beautiful to stay healthy. >> tracy is making me laugh because she has seen this last story. finally this afternoon, a dog

in texas has made his way into the guinness book of world records. why? he has the longest tongue of any null. his name is puggy. the 10-year-old pekingese may be small but his tongue is 4.5" long. why am i talking like a texan! his owner says he was abandoned as a puppy. he now has worldwide fame. all right. hey, on that note, have a great day. see you at 5:00. ,,,,,,,,

our real national pastime? saving money. and like baseball people love their stats. i started bringing my lunch to work -- 50 bucks a week in my pocket. here's a good one: state farm insures 40 million drivers. more than geico and progressive combined. i saved because i'm accident-free. of course, with so many ways to save including discounts of up to 40%, having that many customers shouldn't be a surprise. so ask a neighbor about state farm, then call an agent at 1-800-state-farm or go online.