lisa? >> reporter: campbell police found three-year-old deja in a parking lot in south san jose with her mother. according to police the little girl is okay but is right now with child protective services on on her way to the hospital while her mother, jane marin is in custody. police believe marin and her ex-boyfriend george rodriguez are responsible for hurting deja. campbell police got a tip yesterday afternoon that the little girl was being "severely abused" inside this house near the campbell los gatos border. when police arrived there was no sign of the girl, her mother or rodriguez who actually lives in the house. police confirm that they had been called to rodriguez' house in the past but they would not say why but they did say it was not for child abuse or related crimes jks back her. become here live, investigators say a tip led them to the specific shopping center where they found the girl and her mother but not her mother's ex-boyfriend george rodriguez. that means he is still at large and still wanted for child abuse. live in campbell, lisa amin gulezian, abc 7 news. >> thank you. a legal victory for the family of an antioch man killed during a police drug raid. they can continue to move forward with the suit against two of the officers caught up in the growing contra costa county narcotics scan tal. thascandal. >> three years ago a special team of narcotics officers burst through the door of this antioch apartment in the hunt for a kno notorious drug dealer. once inside they shot and killed the man who lived there, saying he went for their gun. they had the wrong guy. a convicted fell on had stolen mitchell's eye den fit. hidentity. attorney john burris represents the family in a federal civil suit. in january a judge dropped the case saying the officers committed a justifiable act of homicide but then norman welsh, the narcotics team commander ramonuis lombardi, a san ro officer were rested in a growing scandal. the same judge reversed her decision and reul ruled the cie can now move forward because of the arrests. burris says the officers credibility is severely damage. >> this was a potential operation where you get drugs from a big-time dope dealer and ultimately get the drugs back and make the money from them. where the drug enforcers become the dealers. >> well, they made a habit of stealing and reselling drugs seized during busts. >> we understand that his credibility will be at issue. >> attorney cardoza admits his client was wrong on one front not on this one. >> it doesn't make any sense to me at all. these officers didn't go out and commit crime in every piece of law enforcement work they did. >> my issue is and always has been that we did not ever have the real story about how this young man was killed. >> calls to lombardi's lawyer and to the head of the now suspended c net team went unreturned today. as for the civil case, both sides will present their arguments on officer's credibility and then a judge will decide whether it goes to trial. cecilia vega, abc 7 news. new accusations of police misconduct in san francisco. foresurveillance tape has come to light sparking another investigation into the actions of san francisco narcotics officers. mark matthews has this newly released video and reaction to it. >> reporter: the hotel surveillance video shows officers entering fernando santana's room at the single occupancy hotel. he insists he never gave permission for the search but the officers went in anyway and when they walked out one of them can be seen carrying a black duffle bag. the public defender says the police took that bag from santana but never checked it into the evidence locker or reported it. santana says it was filled with christmas presents including an ipod, dvds and new clothes. >> actually this is is one of the brand new. they had the tags on $25 apiece. i got them for are christmas. i never imagined it would be police officers that did it. i thought it was staff. >> they are call tlg ing it a pattern of police misconduct. >> a continuation of what we have seen in comparing video evidence to police reports. >> in march, adaci's office released documents from another single okay participantcy hotel. it shows police officers entering a suspect's room without a search warrant. that video has led to an fbi investigation. >> in every single instance where we have been able to match video with a police report, we have found that police officers are committing perjury. >> this afternoon, newly appointed police chief greg suhr responded by ordering internal affairs to drop all their other assignments and begin investigating the new allegations. >> this situation will play out as soon as possible and i will consider the officers innocent until proven guilty. if they did do something untoward they will be held accountable. >> reporter: narcotics charges were dropped after a police officer involve ntd arrest failed to show up in it court to defend the search of santana and his hotel room. the clips that i saw this afternoon did indicate that there were discrepancies with the police report but we did not see the entire video and as chief suhr points out, that will be critical as this investigate continues. in the 400 block of eddie in san francisco, mark matthews, abc 7 news. and then there is this. in vacaville, a highway patrol officer arrested for stealing an x box from a target store authorities say. the officer was identified as 36-year-old shawn hammond. employees told police it was the fourth time hammond had taken merchandise from the store are. he is believed to have sold it on the internet. a southern, california advertising firm is stepping up now to help catch the men who beat a giants fan so severely outside dodgers stadium in march. tomorrow the company mr. roll out 300 billboards like this one featuring sketches of the two men wanted in the attack and the police tipline number. brian stowe of santa cruz county has been in a coma since the attack. his family reports tonight that his sedation is finally wearing off and that he may be after all of this time stable enough to be transferred to ucsf as early as next week to get him back closer to home. a new effort today to challenge the reduced sentence of esteban nunez. he is the son of a former assembly speaker. today, the san diego county district attorney filed a civil lawsuit to nullify the commutation last december by governor schwarzenegger before he left office. nunez was sentenced to 16 years for the beating death of louise santos of concord. schwarzenegger redeuced the sentence to 7 years. the d.a. says the governor may have acted within his constitutional authority but other factors should have been taken into consideration. >> the constitution has been amended to also give rights to the families and to the victims so that they have a right to be heard at any portion of the criminal justice process particularly prerelease kinds of hearings. >> the d.a. says because governor schwarzenegger failed to inform other parties of nunez release he violated the vwr has been criticized for stonewalling officials in brisbane. but a top executive is talking tonight and to abc 7's david louie. >> reporter: vwr international it building a new 500,000 square foot warehouse. when it opens next year it will shut down its facility in brisbane, putting more than 100 workers out of a job. they say it is more efficient to ship science lab equipment from the central valley. congressman jackie spear say the real reason is a list of tax breaks. vwr denyd that in an interview via skype from company headquarters. >> our decision was based purely upon our capacity constraints in our current facilities as well as your ability to reach owl o all of r customers. >> they are eligible for a $38,500 tax credit for each employee it hires in visaliaed a along with sales and use tack breaks and accelerated appreciation for equipment because it is moving into a targeted tax area. >> we have not yet found out if we qualify for the teak tax cr. >> that doesn't sound right to david. vwr is a global company, sales last year totaled $3.6 billion. >> i would say that that would be disin again waws. hopefully they are quantifying the savings of moving to a particular local. >> it would be customary to use tax savings to pay for the new building. the state tax break is being used to lay off more than 100 workers i in brisbane and hire lower cost workers elsewhere. >> theyville everyone with no jobs. >> reporter: regardless longo is right or wrong there is one clear loser and that is the city of brisbane which will leave a major employer and a huge chunk of its annual revenue. in brisbane, david louie, abc 7 news ancht lot more to come this wednesday night. as we continue, ditch day. >> hundreds of east bay students skip their classes to join a week of action staged by teachers around the state. also, smile you are on calorie camera. i'm spencer christian. if you are waiting for a preweekend warm-up you will like my seven-day forecast coming up. a different kind of poetry slam at the white house and why so many people are upset aboutú hazmat tomorrows contained a toxic spill at a pittsburgh rail yard after minor derailment. the train was carrying waste from a nearby refinery. some of it leaked. but environmental health officials say no residents were ever in danger and crews kept the spill from spreading. also in pibdz pittsburgh he owners with hoses helped firefighters contain a brush fire that briefly threatened houses behind buchanan park. the cause of the fire is under investigation and there are no reports of any homes being damaged. around california, teachers continue a week of rallies and protests to call attention to deep spending cuts in education. they are making their case at the state capitol, shopping malls and anywhere else that they can draw a crowd. more now from abc 7's laura anthony. >> reporter: it is a student walkout largely organized through facebook and other social networking sites. >> we are not doing it out of anger. they are doing this to voice our concerns to communities, to the parents. >> reporter: this morning about 350 students from union city's james logan high school staged a loud protest over proposed cuts to their education. last year, voters narrowly rejected measure b, a partial tax that would have brought $3 million per year to local schools. >> i really do care about this. i don't know why they would say no to this. >> now, the students face the real prospect that their sports and other extra curricular activities could be gone or become pay to play by next school year. >> i'm really thinking about the students that are coming in and the choir students that are going to be here when i leave. how will they feel they they have to pay a whole bunch of money to just be in a scwier. >> i learned so much from watching my kids grow in sports and activities that for them to be without these things they wouldn't be the great people they are today. >> for community and children very frustrating. know if i want to play football or play in the band or be a cheer leader i'm not going to be able to do that. right now we can't tell them. we don't have the money because sacramento is taking it away from us. >> reporter: teachers lined the boulevard, they, too, are upset 9-budget decisions being made in sacramento. >> we are fighting our our lives and the students lives as well. we are trying to prevent furloughs and days off, in kriesed class size, cuts to programs. it is dire. >> on monday, governor brown will unveil his revised budget that could include up to $4 billion more in education cuts. in union city, laura anthony, abc 7 news. and sunday is the deadline for school district layoff notices and tonight pink slips are in the mail to hundreds of bay area teachers. the mount diablo school district voted to fire 112 teachers and 13 administrators and in san francisco the school decided 14 140 teachers will le their jobs along with 160 other employees. one more note about education. you never really know what your kids eat when you are not watching but one school in san antonio has what administrators hope will be a fool proof way to find out. the school installed cameras to record what students pile on their plate and what is left over when they finish lunch. the images will be examined to determine how much calories the students consume on average on a daily basis. the project is funded whic by a grant from the u.s. department of agriculture. researchers hope parents will change their eating habits at home once they see what kids do at school. >> i'm glad stl is no camera watching what i eat on a daily basis. >> you eat well. >> i try. >> it cooled down a lot today from yesterday. high temperatures 10 to 15 degrees cooler than yesterday. but, a pleasant evening, though. a few low clouds around. not exactly cold out there right now but we do have a chilly breeze. let's take a look at some of today's high temperatures. those are th larger numbers in yellow. the negative in blue indicate how much lower the highs were today than yesterday. 15 degrees lower than yid's high of 80 degrees. 7 apartment jock, 9 degrees cooler. you t the picture. half moon bay was 2 degrees warmer today than yesterday with a high of 59 degrees. right now looking at temperatures mainly in the mid 50s all across the bay area. although there were a couple of exceptions. los gatos 48 degrees. hees are the highlights. cloudy tonight with a chance of local drizzle. clearing mid day tomorrow. cooler on saturday with a good chance of showers on sunday. now, this afternoon this is satellite closeup image shows we had low clouds pressed up against the coastline. a brisk onshore flow of cool marine layer jshes the clouds that moved in overnight was slow to clear away. didn't get a lot of sunshine or much of a warm-up. theys an advancing cold front. ahead of that front, clouds and moisture which may produce local drizzle. start the forecast animation at 11:00. during the overnight hours we will probably see a couple of spots or two of drizzle. as the front sweeps through it will take the moisture with it. mid day, clearing out and drying off and we will have breezy and mild conditions for the bay area in general tomorrow. cooler on the coast. >> low temperature with the possibility of spot. >> drizzle. and tomorrow's highs certainly warmer than today. in the south bay upper 60s to low 70s. on the peninsula we will see mainly mid 60s, mid 50s on the coast. in and around sphron, 62 degrees down towrn. 58 in the sunset district. north bay highs upper 60s to low 70s. 72 at santa rosa. 70 napa. 69 sonoma. near east bay mid 60s. 65 oakland and union city. 6 cass sphroa -- 66 cass stroh valley. low to mid 70s. 74 antioch and brentwood. 73 pittsburgh. and near monterey bay highs in the 60s near the bay. vefs inland. here is the accuweather seven-day forecast. two relatively mild days coming our way but then cool down over the weekend. showery on sunday, maybe even with some thunder and sunday will be the coolest day in the forecast period with inland highs only in the low 60s. it will get a a little milder early next week but the chance of showers will stay with us through the first part of the week. >> the ides of may. >> feels like january, doesn't it? >> up with of the highest profile republicans officially enters the race for president. coming up, how newt gingrich made history. we spend a lot of time together. well mainly in traffic. i'm serious. we've been together, what, a super long time. true. and at first it was all business, you know, i'd take him here, i'd take him there. everywhere. and over the years, we've really bonded. sure. why else would you always buy me chevron with techron? 'cause we need gas. i think it's more than that. i think that you care about me. you're a good friend. best friends? um, uh, yes, best friends. yeah. [ male announcer ] your car takes care of you. care for it. chevron with techron. care for your car. ow. and they don't stop flying until it's dark again. flying all day, every day. you deserve our best. that's why there's so many flight options. [ webber ] southwest airlines has seven daily nonstop flights from the bay area to chicago midway to fit your schedule. ♪ hey, we're on your schedule, not ours. there will be another one back here in a second, just watch. what did i tell you -- there's another one. [ ding ] it was a bit of political history made today, something we have not seen before. former speaker of the house newt gingrich announced he is getting into the 2012 pressial race and did it with a tweet he hopes will electricfy the race for the white house. but did it work? here is scron than karl. >> scron tha jonathan karl. >> gingrich joins the republican field that seems tailor made for saturday night live. >> this is a great time for this nation's greatest man, me. >> potential candidates include a billionaire developer with a reality show and hair that seems to defy gravity. the guy who ran god father's pizza, two candidates who support decriminalizing drugs and prostitution. obama's former ambassador to china and former governor the president credits for inspiring his healthcare are plan and a tea party heroine. at the first presidential debate half stayed away, missing this. >> how many people here would use hair wane i heroin if it w. oh, yeah, i need the government to take care of me, i don't need to use heroin so i need these laws. >> i never thought heroin would get applause here in south carolina. >> no wonder the speaker of the house is still hoping for more candidates. >> i'm not sure we have soorch all of the candidates we are going to see. i'm as anxious to see all of the candidates to come out so we can get an idea of what the field looks like. >> gingrich looks like a top contender. a former speaker of the house who produced balanced budgets, a conservative known to virtually wall republicans but gingrich starts low in the polls, weighed down by political and personal baggage. he has admitted mistakes including having an affair with one of his congressional aides who he went on to marry. for all of the republican problems if gas stays near $4 a gallon, unemployment anywhere near 9% they still believe that barack obama is imminently beatable. in the latest poll, 45% said they would definitely not vote for obama. jonathan karl, abc news, washington. despite controversy, a white house celebration of poetry went off without a hitch tonight. >> a great poem is one that resonates with us, that challenges us, and that teaches selvesething about our sstles and the world that we live in. if poetry doesn't affect you on some level that cannot be explained in words then the poem hasn't done its job. also known as it don't mean a thing if -- [ laughter ] -- are if it ain't got that swing. that is a little ad live there. >> got a good laugh. first lady michelle obama invited prominent writers and musical artists including common known for his activist lyrics but sarah palin and karl rove said that his lierics appear to indicate violence against the police. that wasn't the subject tonight. >> one day. >> i woke up with the sunshine. a sunshine i had never seen. there was light at the end of it, reminding me to forever dream. i was dreaming i walked into the white house. >> the white house defended its decision and said critics are distorting what the rapper actually stands for. when abc 7 news at 9:00 continues tonight, what is in the water? the health danger from the mississippi waters. plus, the earthquake that rattled europe, how they made good on a rumored prophesy with one exception. and we return to the scene of one of the worst environmental disasters in california history. stay with us. good evening. thanks for joining us. a look at some of the headlines we are fo