heather holmes is live. she tells us that behind the scenes friction played into the resignation. >> reporter: this is batts letter, although he doesn't name any names, those in the department say major quan has too much control. insiders say mayor quan has too much control. >> nobody wants to be in a department where he is not -- >> quan was defensive able accusations she forced the chief out but it was clear from her brief one minute remark that there is no love lost between them. >> i didn't ask him to leave but if he were to leave this is a good time. >> performed the city of the office of chief of police. >> reporter: when batts was appointed chief by then mayor ron dellums he had big goals. but batts found out things are different in oakland. layers of bureaucracy that batts says limited his ability to do his job. >> i think we have to be ashamed of the fact that we had a guy who wanted to do the job and we didn't give him the tools to do it. >> reporter: he says he's in talks with harvard university for a teaching position after he leaves here. healther holmes. more details now on some long running problems. today chief batts says he's worked hard to implement court ordered reforms in the works for almost a decade since the police mishandled scandal. a u.s. district court warned oakland it has still not yet met the terms to improve the department and risks a federal take over. that consent decree runs until january of 2014. anthony batts is oakland's third police chief to resign in the last seven years. wayne tucker resigned seven years ago. richard ward resigned in 2004 after serving five years. when they resigned both tucker and ward said, they found it difficult to do their jobs. now to washington, d.c. where senate republicans tonight dealt a stinging role to the white house. the senate vote fell nine votes short of the 60 to keep the bill alive. president obama has spent weeks campaigning for the measure saying the economy needs a jolt. economists oppose tax hikes in the bill as well as new stimulus. >> by proposing a second stimulus, democrats are showing the american people they have no new ideas for dealing with our jobs crisis. >> reporter: the president issued a statement saying tonight's vote is by no means the spite. the occupy movement continues to spread. in 12 minutes the bay area city's hosting events tomorrow. and the comparison being made to another time in u.s. history. in alameda tonight some people are saying not so fast. they don't want to close the book on that memorial day drowning when firefighters and police officers watched from the beach as a man drowned but did not intervene. new at 10:00, ktvu's debra villalon is live where charges of cover up are flying. >> reporter: cover up because critics say this independent report presented tonight doesn't go far enough. they're turning to petitions and the california attorney general to do more. >> the death of raymond zack was completely preventable. >> reporter: critics call it a crime. while inside city hall soul searching continues. >> we assess the risk of sending someone into the water. >> reporter: the story now notorious, how alameda emergency responders watched they say without the training or equipment to rescue raymond zack. standing dispondent in water. his stepmother says he could have been brought in, because he was too religious to take his life. >> that's why i'm here. because i don't want them, i don't want anybody to think that he committed suicide. he did not. >> reporter: since zack's death and in line with report recommendations, alameda has bought two plantoon boats and began training. >> we moved that petition to the alameda fire department. >> reporter: whether any further reforms take hold, those in charge now are clearly regretful. >> apologize to you, apologize to the community, you expect better. you deserve better and from the police department you will get better. even without rescue boats available could someone have paddled out in this rescue long board to talk to raymond zack? first responders are now getting training in that type of negotiation. now zack's brother and sister his heirs live in ohio and they could file a wrongful death claim against the city of alameda as early as tomorrow. we're live in alameda, debra villalon, ktvu news. there is new information tonight about how b.a.r.t. executives made the decision to cut cell phone service in an effort to clamp down on an effort. the cell phone service was turned off in several san francisco stations but the protests never materialized. new e-mails released to the bay citizen shows lyndon johnson came up with the idea. one b.a.r.t. spokesman said top b.a.r.t. officials discussed the issue for about 15 to 30 minutes before it was approved. we learned today that the cement plant workers who went on a shooting rampage in cupertino died of a self- imposed gunshot wound. 47-year-old alman killed three coworkers and injured others. he also shot and wounded a woman during an attempted carjacking. the sheriff's office says three deputies opened fire on almond the next day after spotting him in a driveway in sunnvale. but the coroner is now saying almond caused his death. two teens stole the vehicle at gunpoint. the owners 13-year-old son stayed in the suv and suffered minor injuries in the crash. the other teen who police say took part in the carjacking has not been found. the ntsb released a report today on last year's plane crash in east palo alto that claimed the lives of three tesla motor employees. the plane's engines were at near full power when the cessna slammed into power lines. the report did not offer a final cause of the crash. investigators say it could take several more months to determine what happened. for the first time in six months, giant's fan bryan stow is not spending the night in a hospital. he was transferred tonight to a rehab facility. stow's doctors talked about his improvement. >> reporter: this picture showed bryan stow leaving san francisco general hospital early this morning. he's flanked by his parents dave and anne stow, his sister bonny stow and jeff manly. >> he's an amazing individual. it's a bittersweet home. we've all gotten very close to the family because they've been there. >> reporter: tonight stow is being treated in an undisclosed rehabilitation center as he continues to recover from brain injuries. the paramedic and father of two was severely beaten outside dodger stadium following the season opener last march. two men are charged in the assault. >> bryan came here he was in a comatose state. when he left us today he was able to begin to speak, interact with his family and he's now beginning to eat as well and he's making dramatic progress. >> reporter: manly say stow will be monitored for blood clots and other set backs but his medications have been reduced and he's able to leave his hospital bed as his recovery continues. >> i think while he had a rockier course than most over the last five months, i think that he is starting to meet milestones and only time will tell. >> reporter: san francisco general hospital officials declined to say where stow has been taken for rehabilitation. they say they want to give him and his family some time to adjust to his new home. in san francisco, david stevenson, ktvu channel 2 news. good news tonight for giant's fans. injured catcher buster posey is getting back into playing shape. he has begun live bullpen sessions. this comes after he suffered a season ending leg injury during this home plate collision back in may. posey's progress is a few weeks ahead of schedule. the giants have set november 18 for him to catch full bullpen sessions. and bill is here in a few minutes with how much warmer it'll be. a republican meeting in the bay area might seem rare enough. but find out who packed into this room to sit with eight republican presidential candidates met again tonight. mitt romney tried to separate himself from the other more conservative candidates suggests he would be willing to compromise to fix the economic crisis. >> at the same time you know that good democrats and good republicans who love the country can find common ground from time to time. >> one thing i laid today was to put 1.2 million americans working in the energy industry. and you don't need congress to do that. >> reporter: businessman herman cain took the opportunity to tout his 999 economic plan. while bachmann, ron paul took their own turn criticizing the way president obama has handled the economy. today former major rudy giuliani said he would not be running for the white house. and ktvu's eric rasmussen is live in lafayette where republicans held a town hall meeting for high school students, eric. >> reporter: that town hall meeting actually just wrapped up here at the veteran's building. this is home turf for the state republican chair. but even he admitted that speaking to young people in the bay area is something that they are not used to doing. they weren't all softball questions from students in this town hall meeting but it was a friendly standing room only crowd. >> raise your hand if you want to give more money to the government. one person. >> reporter: that came to hear from party leaders and even young republicans including the berkeley student behind the controversial bake sale based on race. >> i met more people. because of it people disagreed with me and i've had a lot of civil conversations. >> reporter: there was plenty of talk about where the country is headed. >> it's not a question of should we raise taxes, it's how we get more revenues. >> at least one student who isn't ready to register as a republican told us it was a welcomed discussion. >> i'm not a republican myself. i'm an independent. and it seems that as we found out today, there's a lot of bias use on what the republican party represents. i thought i heard here from republicans themselves. >> reporter: and tonight the party chair delva caro says he knows republicans are outnumbered, he said that's the reason why they plan to do more events like these here in the future. eric rasmussen. voters in san francisco took advantage of early voting today. they cast their ballots at city hall. major ed lee was among those who voted today. other mayoral candidates such as reed and chu say they are still working to get voters to the polls. >> it's been surprising how many people didn't know there was an election. we've been doing a good job educating the voters. >> i think there's city thousands of san franciscans that know there's an election. >> reporter: despite their efforts, mayoral candidates get a low turn out. officials expect less than normal to vote in the election. it's been less than a month since a small group of protesters took to the streets of lower manhattan to occupy wall street. but since that september 17th action, similar protests have popped up all over the country. and as ktvu's tom vacar reports more are planned for the bay area. >> reporter: occupy oakland's tent city now covers city hall. >> i think one thing we've learned from this crisis is we can't rely on the politicians to fix this for us, it's up to us to fix it. >> reporter: the numbers are growing. it's all reminiscent of another awful economic time we had in the united states. the depression. when all over the nation, towns popped up they were called hoovervilles. named after the president blamed for the depression they included one inside an around the u.s. capital. the newspapers that occupants slept on were called hoover blankets all of which helped elect governor roosevelt. today it seems a little different. >> the problems are everywhere. and that the people who are looking for a solution to the problems are equally everywhere. >> reporter: that's why attorney mike aluva says he's helping organize in walnut creek. >> a lot of these people are hurting. >> reporter: occupy san rafael and occupy palo alto launch tomorrow as well. >> it's exciting, it's really genuine grass roots. >> it's people who are seeing themselves, their neighbors squeezed economically. >> reporter: walnut creek starts in front of bank of america, kitty corner from tiffany's. in new york today a small group of occupy wall street protesters took their message uptown for what they called a millionaire's march. the group passed by tea party backer david koch as well as a head fund manager. the balance of power has waited for the wealthiest 1% and they want to shift power back to the other 99% of the population. in santa cruz protesters with the occupy wall street movement video taped the reaction as two demonstrators tried to close their bank accounts. the you tube video shows two women going into a santa cruz branch last friday. they say the bank manager told them to leave saying they could not be protesters and customers at the same time. the woman says the manager then locked them out. >> we're trying to close our accounts at bank of america. they would not let me close my account today. >> they will not let you take out your money. they are freaking out. >> reporter: bank of america released a statement to our sister station saying the company does not allow protesters inside their banking centers out of safety concern. scattered showers yesterday, it was an unsettled day. that low pressure system has since moved off. temperatures on the increase. temperatures back into the eight 0s. fire danger remains low despite the increase in temperatures in the on shore flow. because how moist it's been around here. tomorrow out at the ocean beach, out at ocean beach upper 60s, low 70s. mid- and upper 70s out in the inland bay valley with low 80s. a warming trend as we go into the next three days. when we come back, we will look directly for a high in your city. we will look directly at how warm it's going to get. i'll see you back here. it was standing room only tonight at an oakland elementary school. the elementary school is one of five schools on the district's possible closure list. ktvu spoke to one mother of six who's children go to the school she once attended. she says the school has a family like feel and the scores have recently increased. the school board is scheduled to make a decision about what schools will close at the end of the month. he was the victim of a terrible crash. how you can help a teenage boy who has been victimized again as he tries to relearn how to walk. plus, testimony resumes in ! a stolen bike has robbed a teenager of the hope to live a life he once knew. we learn how the boy got the bicycle from the community's best intentions only to lose it to the worse. >> reporter: here outside this apartment complex, 17-year-old juan parra and his mom were putting up handmade fliers. his especially made custom bicycle was stolen and he needs it back. it's going to help him walk again. >> who would do something like that to a person like me. knowing that i need it and they just stole it. heartless people. >> reporter: juan's ordeal began more than a year ago. he was crossing the street near a home when a car struck him. he spent two months in a coma and still can't walk on his own. readers of the san jose mercury news heard about juan and donated some $1,000 to purchase this, a bicycle especially fitted it's helped build up his leg muscles. >> i can't go to the park and play soccer with my friends anymore. so i used that bike to go just to ride around with my friends, family. >> reporter: juan had been storing the bike at this locked utility room. last week he noticed it was gone along with his independence. >> that bike meant my life for walking. >> reporter: juan is a senior, his teachers describe him as upbeat but the theft has his down. >> it was clear to me it that it was a big thing for him. >> it was sort of my one and only fun. so, i definitely need it back. >> reporter: anyone who sees the bike is asked to call 911. in san jose, rob roth, ktvu channel 2 news. in los angeles today, testimony from the medical examiner directly challenged the defense authored by michael jackson's doctor. doctor conrad murray contends jackson woke up and gave himself a deadly doze of propofol. but the medical examiner testified it did not seem reasonable that jackson could gave himself the drug. >> one of the problems mr. jackson was having is he could not sleep. it's not appropriate to give propofol in that situation. the risk outweighs the benefit. murray is charged with involuntary manslaughter. two former executives with the failed san francisco bank were charged with fraud today. a federal grand jury indicted abraham shabudin and thomas yu. the bank received nearly $300 million from federal grant from the federal government's troubled asset relief program. how much is that doggy in what do you think of this one? really? what's this? this is a rose i made from a turnip. let's try together. perfect. two worlds that fit in one kitchen. come in today and save up to 20% on a kitchen from ikea. america's fastest and most reliable 4g network in over 140 cities. verizon. built so you can rule the air. new at 10:00 a bargain animal sale is a result of a shelter crunch. an unfortunate reflection of the times we live in, lloyd lacuesta has the story. >> reporter: the san jose animal shelter billed itself as one of the largest shelter. but lately more people have been using this door to drop off their pets than adopt them. tonight we saw a number of people bringing in animals they said they had found. >> cruising around the parking lot, i saw he had a tag and i figured to check it. there was no return phone or owner on it. >> reporter: the shelter says most of the animals are deemed strays. if owners surrender their pets they have to pay a fee. since the beginning of october, this shelter has taken in 663 animals. the reason uncontrolled breeding and the faltering economy. >> some folks when they're feeling financial strain one of the first things they cut back on is a pet. >> reporter: this shelter now has more animals coming in than going out. so six shelters have lowered the price of animal adoption. in san jose the normal adoption fee of $115 has been cut to $10. that includes spay and neuter, vaccinations and free license for a year. this woman says a cat she had for 14 years recently died and she doesn't understand people giving up their animals. >> i have a 7 -month-old cat, you know, do i feed it or do i throw it out? i'm going to feed it. >> reporter: she spent three hours looking for the right cat. tonight she walked out with two. >> for $20 i'm giving two cats a happy home. >> reporter: the sale ends this sunday but the shelter says it will have another one in december. live in san jose, lloyd lacuesta, ktvu channel 2 news. the ktvu.com we posted a link to san jose's animal care center. you will find all the dogs and cats up for adoption. just look for the web link section of our front page. the melbrae city council considered outsources their police. the sheriff's department presented a plan that it said would cost more than $4 million. that would save milbrae $400,000 a year. the city council decided it had more many questions and needed more time to decide the issue. news tonight from the state controller on california's bottom line. the state collected $705 million less than anticipated at this point in the fiscal year. the controller says the numbers indicate the state won't avoid trigger cut that is were written into the budget. state officials say it's possible it will be able to gain ground over the next three months. the governor will have to december decide in december if the first of the cuts should take place. the dow dropped 17 points, the nasdaq picked up 17. investors were waiting on a vote from slovakia on an expansion of europe's financial rescue program. the country's parliament rejected the measure after markets closed. research in motion is blaming a switch for a black out. it caused a black out from europe to south america. so far no issues have been reported in the u.s. sony has locked tens of thousands of network accounts in an apparent hack. all of the affected customers have been notified. tonight we're learning more on a terror plot. one is said to be an american citizen from texas. more on how an informant cracked the case. >> reporter: it was a remarkable announcement coming from the white house. >> mansour arbabsiar who was arrested has been tied toe a murder for hire scheme. >> reporter: authorities say his co-conspirator is a saudi arabian. it was a plot everyone the head of the fbi likened to a hollywood script. >> a world where individuals from one country sought to conspire with a drug trafficking cartel in another country to assassinate a u.s. official on american soil. >> reporter: a mexican informant went undercover as a part of a drug cartel. and conspired to kill the saudi arabian ambassador. such a plot is a potential game changer. >> but to target any individual in the united states is a major escalation of their policies. >> reporter: but the iranian government denies any knowledge of the plot calling it a fabrication being made up by u.s. officials trying to divert attention from domestic problems. in washington, i'm holly ferfer. a u.s. expert told ktvu news he has no doubt that iran supported the terrorist plan. but he has questions about the timing and details of the announcing. >> as if we're announcing a tennis score of the match rather than saying here is what we're going to do. are we going to the united nations. are we going to take direct action back. >> reporter: hoover constitution fredrickson says the u.s. reaction may need to be severe. because as he says it iran is already the most sanctioned country on earth. district attorney george gascon made -- the system diverts low level citations where trained volunteers act as judges. the program is now expanding into the western addition, civic center, pacific heights and inner sunset area. he launched a hot dog into the air as tiger woods stood on the green. and here it is, video of the incident and the charges a bay area man faces. back here in 10 minute, it's warming up. we'll te you which cities will be the warmest for your a 31-year-old santa rosa man is facing misdemeanor charges of disturbing the peace after his hot dog landed near tiger woods. here's video of the incident from san martin. sheriff investigators say the man did not appear to be flinging the hot dog toward woods but seemed to be running toward woods when the hot dog slipped out of his hand and slipped toward woods. the kidnapped israeli soldier would be calling home in a few days. shaleete was captured five years ago and held in gaza. pelestinians are celebrating because more than a thousand pelestinians are being released in exchange for salite. this is the west african nations second presidential election. president helenson's relief is seeking reelection. last friday she was awarded the noble peace prize along with three other women. in this election she faces tough competition. in paris, the eiffel tower is about to get a facelift. giant viewing floors will be added. the space shuttle endeavour now belongs to a museum. it will move to the california science center near downtown l.a. next year. once a permanent exhibition is completed it will be up righted as if it were ready for a launch. there are 13 million more devices than the number of people living in the united states. the report revealed wireless data traffic has more than doubled from a year ago. a stanford researchers says the majority of websites share personal information about their visitors without prior consent. the research focused on 185 of the most popular sites. it found 59 of them shared a users name with another website. the graduate student who did the research told the times, many sites fail to give users privacy information. health officials try to stop the largest ever mumps outbreak on campus. nine cases of pumps have been confirmed. uc berkeley officials say hundreds were vaccinated at today's clinic. another one is scheduled for friday. the centers for disease control told us today it's providing the university with extra doses of the mumps vaccines. damage to valuable crops. the rush to crush right now. why some grapes are being left on the vine despite the risk of more damage. plus another human big! big. big, big. big big big big? big big big big big. big big...big. ♪ big big big -big. -big! [ cheers and applause ] ♪ big big big -big big. -big! -big -big! -♪ big -big. -big big big. big big big. big big big. small. big big big big. small! [ male announcer ] the space-saving, eco-friendly, totally unique smart. unbig. uncar. ♪ > the recent rainstorms have many wine growers scrambling to harvest. ktvu's ken pritchett tells us the damage is there but the extent the hard to pin down. >> reporter: these are riestling grapes rushed to the crush because damage was starting to set in. here you can see some of that damage. >> when we saw the rains come in a week or so ago. we thought we can get through this. >> reporter: but the winery president dan davey says yesterday's rains were the second blow in a one-two pufrplg. >> p u nch. >> we made the decision to pick some that we would have liked to wait. >> reporter: some wineries powered up large vans to dry off vineyards and keep rot at bay. >> with all this rain and cold weather it's pushing back harvest. we're running into some problems with mold. some varieties are getting bunch rot. >> reporter: michael moncata says these grapes should have been harvested a month ago. >> we're going to try to ride it out until we get those flavors and the sugar is where we want them. >> reporter: rain and rot are the latest damages to this vintage. a cooler summer, reduced pollination and yields with somein yards down about 60%. >> quality wise i think it's still going to make a killer pinot noir we're just going to have a lot less of it. >> reporter: how many damage was cause by the rains? that's a difficult question to answer. we may not know the answer until the harvest is in. in napa county, ken pritchett. today contra costa county officials announced the county's third human case of west nile virus. a health services spokesman says a woman is recovering. a bird also tested positive for the disease. there have been 40 human cases since 2005 and two deaths. officials say it's important for residents to drain standing water and to maintain swimming pools so mosquitoes do not breed in them. a huge jump in the number of polluted rivers, streams and lakes of 170% from 2006 to 2010. most of the pollutants were pesticides, bacteria and metals. the list is being presented to the federal environmental protection agency and it will develop plans to clean up the water ways. union picketers say they will be out in force for this year's treasure festival. the union stage hands say this year they couldn't reach an agreement with festival organizers. the union has now put up a giant rat as a symbol of its grievance. the union wanted an 11% hike. >> the issue is not about money. they want to pick a particular weight, we never sat down and talked about it. >> we're very labor friendly and we like to work with local 16. but labor officials and we cannot see eye to eye on this particular issue. >> reporter: the union says it expects some vendors will not cross the picket line. vendors say the festival will go on as usual. and welcome back, the fog that was at the coast this evening has cleared away. the winds, they are starting to shift around. now during that rain the winds are coming out of the south. we had southerly winds. the winds have been clocking around most of the day today. that's an indication that the winds are heading offshore. that should begin by tomorrow and that will warm us up. slight offshore flow. so once low pressure center goes through it, we get southerly wind then you get a high pressure. as the highs move in the winds come from a northeasterly direction typically this time of year. that's what we have. if you saw the fog at the gate this evening you saw how pinched down it was. within a few hours it was gone. that's high pressure squishing it down and getting rid of it. it's also high pressure warming the daytime highs for tomorrow. it will warm. as the air sinks it warms. 53 in santa rosa, we're down in the 40s. even upper 40s in santa rosa a few days ago. light offshore winds. not enough to make you make your fire concerns go to a red flag warning. but a warming trend as we go into wednesday, thursday. and even friday will still be pretty warm. thursday is the peak day for heat this week. when i'm talking about heat i'm talking about mid-80s, maybe some upper 80s. maybe coastal a low 90s. not expecting any records. but we are expecting a really nice forecast period. as we go into tomorrow afternoon, those oranges are 80s. that's warm. plenty warm. the warmest it's been in a while. you will see some 70s at the coast. upper 60s and low 70s. 81 in napa, 83 in fairfield. i think we might see some mid- 80s. i have a couple of those shows up in antioch and brentwood. you notice the warmth gradient from inland to right around the bay not that big of a temperature to spare. almost 80 in berkeley and mid- 80s in brentwood. that's the time of year temperatures become flat. uniform across the bay and coastal sections. might even see a few low 70s. a really nice day for your wednesday. thursday looks really good. friday looks really good. and the weekend does not look half bay. as you look at your five day forecast, the weekend got some clouds. right now looks dry and temperatures not in the 80s but in the mid-70s. just really a nice next couple of days. really enjoyable. nice weather, beautiful fall pattern. >> so enjoy it while it lasts. >> okay, bill, thank you. >> thanks, bill. san francisco held a grand opening for its city wide bike rental today. park wide bike rentals is a new collaboration with city's park and recreation department which enables the riders to rent bikes at five areas in the city. it can be picked up at one location and dropped off at another. there are two locations in san francisco. a new film about the late maverick surfer jay moyarti is being shot in santa cruz this afternoon. here's jay talking about surfing the big waves at mavericks back in 1988. he died in a diving accident three years later. in recent years the big wave contest has used his name as a think tribute to him. he was famous for hitting rock bottom at mavericks and survive. super bowl 49 will be held at the university of phoenix stadium in glendale. that is the same facility that hosted the super bowl in 2008 featuring the new york giants and new england patriots. that game brought an estimated half billion dollars to the phoenix area. arizona beat out the only other contender tampa florida. th three, two, one. go. all right. >> there they go first lady michelle obama leading an effort to keep kids moving. mrs.obama and about 400 children did jumping jacks today on the white house lawn. she's hoping to break the world record by getting more than 20,000 people to do jumping jacks for one minute by tomorrow afternoon. mrs.obama's let's move initiative promotes physical fitness and healthy eating for children. >> they're moving. sports director mark ibanez joins us now. >> looks like we might have a decent series after all back in detroit. true baseball fans just want more baseball. stretch those series out even if it's not your team you're pulling for during the regular season. you just want to see more games and looks like the tigers are going to make that happen. finally getting into the swing of things. as we get a rendition from aretha franklin. martinez getting one on and gets it going. 1-1 ball game. martinez injured himself although he did stay in the game a little upset. miguel cabrera down the line field. that's a fair ball, austin jackson won't have any trouble hauling it around. and to make sure the long ball comes in handy for the tigers first johnny p era lta. they know going deep himself the champ cabrera best batting average in the american league and not a bad home run hitter either. texas still up 2-1 in the series. of course earlier tonight here on ktvu channel 2 news. hopefully you saw the special honoring the life of al davis. studio guests included former raider tight end chester and also george atkinson speaking with fred inglis at raiders headquarters. here's lowell sharing a little story about al davis and bill walsh who were out to dinner at one point at a local restaurant. >> al and i went out to dinner i think it was a fancy restaurant in palo alto. he says we're sitting there and one guy was at the restaurant and he had too much to drink. and he came over and said, it's great to see you two together, two legends, and you're friends. the guy didn't leave he just stood there grinning. so al looked at him and said, sir did you get what you needed. and the guy said yes. and al said, get the hell out of here. >> tact. >> bill loved it because bill never would say that. he was so diplomatic so he loved the idea that al could do things like that and he never could. it showed the difference between the two guys. >> one in a million. meantime the 49ers needed to act swiftly to replace joshua morgan who most likely will miss the rest of the regular season they've signed former packers bret swain. jim harbaugh is familiar with swain. swain will evidently suit up for sunday's game against the lions in detroit. interesting baseball story developing, the cubs are said to be close to signing theo epsten as their general manager. chicago is said to be asking for a prominent player in return for letting chicago sign their soon to be former general manager. we'll keep following that story tomorrow. but for right now that's the sporting life for a tuesday night. now trading management for players. >> that's a first. >> yeah. all right, mark thank you. >> thank you for trusting ktvu channel 2 news. we'll see you the next time