• Questions arise over Brown appointee - Gov. Jerry Brown's appointee to head the department that oversees banking, financial and consumer regulations in California led a trade association that fought against tighter lending restrictions before the subprime mortgage crisis exploded. Jan Owen, a Democrat, also is named in a congressional inquiry into whether lawmakers and certain executives received preferential treatment for home loans, although she was not accused of wrongdoing. Consumer advocates said they are watching Owen's decisions carefully to see how she performs in her role as commissioner of the California Department of Corporations. The Democratic governor appointed her in December to the $143,000-a-year position, and she started in January. Owen, 59, of West Sacramento, has a long resume in California, including stints in both business and government, but it is her history with organizations that were at the heart of the mortgage meltdown that stands out in a state that has one of the highest home foreclosure rates in the nation. Owen served as state director of government and industry affairs at Washington Mutual from 2002 until its collapse in 2008, one of the largest bank failures in American history. It was taken over by JP Morgan Chase, where Owen stayed on as vice president of government affairs until 2009. "It is of concern if a person who takes a job there, at that pay level in particular, has such experience, particularly with the mortgage bankers association, JPMorgan and Washington Mutual," said Rick Jacobs, president of the Courage Campaign, which advocates on behalf of policies for poor and working-class families. "These are big institutions, some of which don't even exist anymore because of what they did in the mortgage business, and what they did to California," Jacobs said. "That should be watched very carefully." Owen declined to be interviewed by The Associated Press for this story, but a spokesman for the Department of Corporations, Mark Leyes, responded to questions by email and telephone. He said Owen's professional background is an asset because she understands consumer issues. "Understanding these industries and how they function-- and fail -- improves the ability to regulate effectively," Leyes said in an email. He said the department protects consumers by licensing and regulating the network of financial services and securities businesses, including brokers, dealers, investment advisers, financial planners and lenders. Because Owen "really understands how these complex industries operate, she knows what to look for and how to crack down," Leyes said. Officials with several consumer groups said they were hesitant to openly criticize Owen's background because they will have to work with her in her new role. Lawmakers similarly were hesitant because Owen's appointment still has to be approved in the Legislature. Although Owen's appointment requires confirmation by the state Senate, she is allowed to work for up to one year before lawmakers decide. Some consumer advocates who have worked with Owen in the past praised her, saying she was responsive to their concerns. Orson Aguilar, executive director of the Greenlining Institute, a Berkeley-based national policy group that advocates for racial and economic justice, said he often found himself on the opposite side of the table from Owen on consumer protection and affordable housing issues when she was an executive at Washington Mutual. "I think people would be surprised, but definitely she was somebody who was easy to work with and she got it. She just didn't pay lip service, she tried her hardest" to help poor communities, he said. Before joining Washington Mutual, Owen was executive director of the California Mortgage Bankers Association from 2000 to 2002, where she worked on behalf of lenders on regulatory issues that she now is in charge of enforcing. Owen was among those who argued against a 2001 bill that attempted to control high-interest predatory lending several years before the collapse of the housing industry, which helped propel the state's unemployment rate to more than 12 percent during the height of the recession. SB60 by then-Sen. Joe Dunn, a Democrat, would have required lenders to assess whether potential recipients of high-interest, high-risk loans had the means to repay them and required the attorney general to document complaints against lenders. The bill sought to end the "abusive practices imposed upon a captive market," according to its text. "These abusive tactics, known as `predatory lending' practices, range from the charging of exorbitant fees and interest rates from those least likely to afford them, to aggressive sales of costly and unnecessary services, to outright fraud aimed at forcing foreclosures and allowing seizures of property," the bill said. That was 2001, long before most Americans had heard about the complex lending and financial instruments that contributed to the collapse of the housing market and billions of dollars in bank bailouts. A report that year in American Banker, a trade magazine, notes that a hearing on the bill was canceled and said Owen's office contacted the senator to try to "work with him" on it. A newsletter for bankers association members from 2001 quotes Owen as saying the legislation and other bills like it would turn lenders away from California, which would lead to complaints that low-income buyers and the elderly could not receive loans. "There is a fine line between protecting consumers and making the process so cumbersome and risky that lenders will simply do business elsewhere," she said in the newsletter. Dunn's bill died in committee that year. The former senator, who is now executive director of the State Bar of California, did not return a call from The Associated Press seeking comment. Leyes, of the Department of Corporations, said industry groups argued that the law duplicated existing federal regulations, although those did not cap interest rates or fees on loans. He noted that the association did not take an official public position on the bill. "The industry wasn't supportive of Dunn's bill and similar efforts that year or in that time period. Jan was employed by the association, the CMBA, and she needed to represent their point of view," he said. Leyes said a similar bill by then-Sen. Carole Migden passed later. The Mortgage Bankers Association also lobbied against that bill. The association also is listed as an opponent of the California Financial Privacy Act by then-Assemblyman Tim Leslie, which sought to prohibit financial companies from sharing customers' data unless customers opted in. That legislation, AB21, died in a committee in 2002. The California Reinvestment Coalition is one of many groups that lobbied in the early 2000s for tighter lending standards and more restrictions on high-interest loans. Its associate director, Kevin Stein, said he did not recall whether Owen spoke out publicly against the Dunn bill but said her resume raises some concerns about whether she will be an effective advocate for consumers. Stein called Washington Mutual a "perfect example of what happens when regulators don't regulate." "So she's aware of that, and maybe there's some appreciation that she might have for the role that regulations can and should play," he said. A spokesman for the governor, Gil Duran, said is uniquely qualified to lead the department. "Jan Owen is a highly experienced and respected commissioner with a deep knowledge of California's complex industries and regulations. Gov. Brown picks appointees based on their qualifications," he said. Owen's name also is cited in two congressional investigations. They include a 2009 inquiry into the collapse of Countrywide Financial Corp. as a potential "Friend of Angelo" -- a reference to former Countrywide chief executive Angelo Mozilo, who helped high-profile clients get discounted mortgages. Once the country's largest lender, Countrywide played a major role in the collapse of the housing market because it aggressively pushed complicated home loans to people with a questionable ability to repay. An April 2003 email exchange cited as part of the House Oversight and Government Reform Committee's investigation begins with an email message from Owen to Pete Mills, then-senior vice president of legislative and government regulatory affairs for Countrywide Home Loans. "Don't forget name and telephone number of the guy for refi for us," Owen wrote. Mills then emailed another Countrywide executive, asking him or "one of your top people," to help Owen. In addition to noting her government affairs position at Washington Mutual, Mills refers in his email to Owen as "a good friend of Countrywide from her days as executive director at Calif. MBA." A follow-up email urges another staffer to offer Owen a discount of half a percentage point on her loan and "no junk fees." Leyes said Owen does not remember ever receiving a refinancing offer from Countrywide, and public records reviewed by The Associated Press do not show her or her husband having any loans from the company for the two Sacramento-area homes they have owned. The report concluded that Countrywide loan officers waived fees and knocked off points for VIP borrowers at no cost, saving them thousands of dollars in deals that were not available to regular applicants. It does not say whether Owen received a loan with preferential terms. "She didn't seek any preferential treatment even though she may have kind of innocuously asked into the terms that Countrywide provided for a refinance," Leyes said. "What's unfortunate is that that got included in that report back then and it didn't get challenged or corrected at the time." Owen's name also surfaced in a July 2010 House Ethics Committee investigation that cleared Rep. Laura Richardson, D-Long Beach, of wrongdoing in the foreclosure of her Sacramento home, an action that Washington Mutual later rescinded. Owen was among the bank officials who dealt with Richardson's case. Before she worked for the trade association and the banks, Owen was chief consultant to the Senate Banking Committee in the Legislature from 1992 to 1995, a deputy commissioner at the Department of Financial Institutions under former Gov. Gray Davis from 1996 to 1999 and acting commissioner from 1999 to 2000, when she left to head the bankers association.
  
• Federal officer wounded in Newark shooting - An off-duty federal agent was wounded in a gunfire exchange at his Newark home early Tuesday, a police spokesman said. The shooting was reported at 5:53 a.m. in the area of Mayhews Landing Road and Bettencourt Street. "The federal agent had a confrontation where gunshots were exchanged in front of his residence," police Cmdr. Bob Douglas said. The agent was hit and was being treated at a hospital for his injuries. Douglas said he does not yet know which federal agency the man was affiliated with or how badly he was injured. No arrests have been made in the case and police are still investigating the circumstances of the shooting.
  
• Long-awaited ruling on gay marriage ban due - Supporters and opponents of California's ban on same-sex marriage were anxiously awaiting a federal appeals court decision Tuesday on whether the voter-approved measure violates the civil rights of gay men and lesbians. A three-judge panel of the 9th U.S. Circuit Court of Appeals that considered the question plans to issue its long-awaited opinion 18 months after a trial judge struck down the ban following the first federal trial to examine if same-sex couples have a constitutional right to get married. The 9th Circuit does not typically give notice of its forthcoming rulings, and its decision to do so Monday reflects the intense interest in the case. Even if the panel upholds the lower court ruling, it could be a while before same-sex couples can resume marrying in the state. Proposition 8 backers plan to appeal to a larger 9th Circuit panel and then to the U.S. Supreme Court if they lose in the intermediate court. Marriages would likely stay on hold while that process plays out. The three-judge panel, consisting of judges appointed by presidents Jimmy Carter, Bill Clinton and George W. Bush, heard arguments on the ban's constitutional implications more than a year ago. But it put off a decision so it could seek guidance from the California Supreme Court on whether Proposition 8 sponsors had legal authority to challenge the trial court ruling after California's attorney general and governor decided not to appeal it. The California court ruled in November that the state's vigorous citizens' initiative process grants official proponents of ballot measures the right to defend their measures in court if state officials refuse to do so. Further complicating the case was a move in April by lawyers for the coalition of conservative religious groups that put Proposition 8 on the ballot to have the trial court ruling struck down because the now-retired judge who issued it was in a long-term relationship with another man. Former Chief U.S. District Judge Vaughn Walker disclosed he was gay and had a partner of 10 years after he retired from the bench last year. Proposition 8 backers have argued that Walker's relationship posed a potential conflict-of-interest and that he should have revealed it before he declared the measure unconstitutional in August 2010. It was the first instance of an American jurist's sexual orientation being cited as grounds for overturning a court decision. Walker's successor as the chief federal judge in Northern California, James Ware, rejected claims that Walker was unqualified to preside over the 13-day trial. The 9th Circuit held a hearing on that question in December. Some legal observers believe the written heads-up the court gave Monday indicates it concluded there is no reason Walker should have disclosed his relationship status while he had the case. California voters passed Proposition 8 with 52 percent of the vote in November 2008, five months after the state Supreme Court legalized same-sex marriage by striking down a pair of laws that had limited marriage to a man and a woman. The ballot measure inserted the one man-one woman provision into the state Constitution, thereby overruling the court's decision. It was the first such ban to take away marriage rights from same-sex couples after they had already secured them. The Williams Institute on Sexual Orientation and the Law, a think tank based at the University of California, Los Angeles, has estimated that 18,000 couples tied the knot during the four-month window before Proposition 8 took effect. The California Supreme Court upheld those marriages but ruled that voters had properly enacted the law. "The circumstances in California are unprecedented. The state Supreme Court found marriage equality to be a right of the highest order under the state Constitution, and thousands of couples actually exercised that right before a discriminatory initiative took it away," Wolff said. "The federal courts would do well to focus their attention on those unique circumstances, which would support a ruling that Proposition 8 is unconstitutional while leaving the situation in other states for another day."
  
• Walnut Creek bar owners discuss plans to reduce street violence - Monday was quiet in downtown Walnut Creek, but closer to the weekend, police are stepping up patrols to stop what they called "increasing violence." Bar owners tell KTVU they're taking steps to police themselves. The owners and management of about a dozen bars and lounges were sending a message to their trouble-making patrons: the drunken brawling needs to stop. It was a little more than a week ago when police arrested two men for assault with a deadly weapon inside a Walnut Creek parking garage. Surveillance video captured one of three different brawls that weekend. It ended with two people in the hospital, 9 arrests and 3 injured officers. Lafayette resident Aline Mathews said she doesn't want to go where there might be violence. "I might be hurt," said Mathews. Bar and lounge owners agreed, but insisted that the city touting itself as a place to "escape the ordinary" doesn't have these problems ordinarily. Patsy Wilkinson is the owner of local institution Crogan's Sports Bar & Grill. "It's a wonderful place. We've got all kinds of businesses coming in, so we know that it's not really a major problem," explained Wilkinson. Still, businesses were being proactive by posting new "zero tolerance" signs. They also agreed to all meet once a month to discuss any issuesJon Crovo, the owner of Club 1220, said the club owners are taking it a step further. They promised to "make sure each of our organizations are using proper promoters and playing the right music with the proper dress codes. And we're making sure that everything on our end of the line is good." The group said they've invited city leaders and the police to a meeting Tuesday morning. They hope to get the city on board with the ideas without having to resort to reduced hours of operation.
  
• Campus police warn students after attacks at Stanford - Two separate attacks on women at Stanford University over the weekend have students concerned and triggered an alert from campus authorities Monday night. The Stanford community was being advised to know where the emergency blue light phones are located.  "Those incidents are definitely alarming," said Stanford senior Surya Omar.  "For me, it reminds me that I need to be vigilant where ever I am." At 1:45 a.m. Sunday morning, a female student was walking back to her dorm through the Kennedy Grove area on campus when a man tackled her from behind.  Another passerby saw the attack and began yelling, scaring off the man. The attacker was described as white, in his 20s, about six feet tall and weighing approximately 180 pounds.  He was wearing a dark shirt and baseball hat and reeked of alcohol. 15 minutes later, a man walked into an unlocked room in a dorm and climbed into the bed of a sleeping woman and tried to remove her clothing.  The woman woke up and got the man to leave her room. The victim said she didn't know the man. She described him as Latino in his 20s, about five-foot-eleven and wearing a red flannel shirt, blue jeans and a grey baseball cap. "It's alarming to hear that, but I know in my dorms I always keep the door locked. It's just kind of a reminder,"  said Stanford freshman Miram Ghanbari.    Police also wanted to remind students that Stanford is an open campus and outsiders are often wandering through the area.  Police said women need to take precautions. "Use well lit travel routes, walk in pairs, carry your cell phone if you have one and know that we have blue tower phones that go directly to 911," advised Stanford Police Chief Laura Wilson. Police said they are investigating to see whether the two attacks may be related and are asking anyone who may have more information to give them a call.
  
• Berkeley residents left unnerved by spike in burglaries - An emergency meeting Monday night was packed with Berkeley residents who were looking for answers after a rash of residential burglaries has put neighbors on edge. Just Sunday, a homeowner who lives on Carleton Street told KTVU he returned home to find a stranger in the house trying to steal various items. The teen ran off, but police and residents fear it is only a matter of time before he tries to steal again. The fear could be felt among the crowd that packed Monday night's last-minute meeting that was called to addressa spike in home burglaries in the past three weeks. "They are able to get into a house said Berkeley Police Officer Cesar Melero. "They are able to find things of value and they are able to leave fairly quickly." Police told the overflow crowd that since January 15th there have been 20 residential burglaries in southwest Berkeley. Most of them have occurred during daytime hours when the homes are empty. But some of the crimes have taken place with residents inside. "[I was] cleaning up around the house and heard a noise," said area resident Joel Gunther. Gunther lives in the house on Carleton Street that was broken into Sunday. He said he came face to face with an intruder. "I went down to check and there was a young black man standing at the door," said Gunther. "He made eye contact with me and freaked and ran." Gunther said the teen had broken the handle on his back door. Police believe there are several suspects using different tactics in the burglaries. The suspects are doing everything from taking advantage of an open door or window to knocking on a homeowner's door with a made up story about a lost friend. Authorities don't believe the intruders are armed. "It was pretty reassuring to learn that they aren't violent crimes," said an area woman who declined to give her name. "Kind of opportunistic; kind of what I expected in these economic times." Berkeley police have stepped up patrols in the area, but City Councilman Daryl Moore said that isn't enough Monday night. "Ten years ago we had a lot more patrol officers, but because of budget cuts and other attrition we haven't filled those positions," said Moore. "It's critical that we feel those positions." The next Berkeley City Council meeting will offer a better idea of the budget situation and the councilman said he'll propose hiring more officers.
  
• Company to help implement rental program for new electric bicycles - Commuters and tourists in San Francisco will soon have a chance to go electric on two wheels thanks to new powered bicycles that will be offered for rent by a locally based company. Driving and especially parking in san franciso seems to be getting worse all the time. "I always walk whenever I can," said Fairfield resident Jessica Beavers. "There's always traffic congestion. Doesn't matter what time of day it seems anymore." Bicycles can park anywhere in the City, but there are those hills to contend with. These folks pedaled up one of San Francisco's steeper grades and never broke a sweat. That’s because their bikes have electric assist. "Your heart rate will come up a little bit, but you're not huffing and puffing at the top of a hill," said Karen Weiner, who works at the company behind the bikes, The New Wheel. "You just feel like you made it." Electric bikes cost a couple thousand dollars, but residents and visitors can now just borrow one in the same way members can borrow the electric automobiles offered by City Carshare. KTVU has learned the organizers who run City Carshare are getting a $750,000 federal grant operate 90 electric bikes as part of a pilot program designed to showcase ever-greener vehicles. "I'm a big advocate of electric vehicles," said Chris Gilmor of Mill Valley. "I might use that if the need arose." Brett Thurber with The New Wheel said thinks the electric assist will make cycling more appealing to the average person. "It takes all the hesitancy out of riding a bike," said Thurber. "I think that's the key." Thurber said the electric bikes, which are limited to 20 miles an hour in powered mode, need no license, can go 36 hilly miles on a charge and be fully recharged in two hours. Some folks KTVU spoke with were still hesitant. "It sounds dangerous though," said San Francisco resident Katherine Morris. "I don't trust the drivers in this city on a bike." The electric bike program is set to launch in San Francisco this summer. UC Berkeley researchers are planning to study the program to see how the bikes might be used nationwide.
  
• Opponents of Occupy Oakland join 'day of action' - A rally on the steps of City Hall on Monday turned into a shouting match between Occupy Oakland organizers and a newly formed group of residents and downtown merchants opposed to tactics used by the protesters. Occupy organizers had called for a "day of action" as part of the movement's ongoing conflict with police over tactics used during earlier protests. Activists also gathered outside the county courthouse in solidarity with 11 Occupy Oakland protesters who were arraigned on misdemeanor charges of blocking a sidewalk; another was charged with a felony stemming from a January melee in front of City Hall. A clash between protesters and police last month was followed by occupiers vandalizing City Hall and burning an American flag that stood on the grand staircase of the public building. More than 400 people were arrested. On Monday, protesters were met by dozens of residents belonging to the newly formed Stand for Oakland group. They stood with a green and yellow banner on the steps of City Hall and wore armbands that called on others to stand for the city. Green and yellow are the colors of the Oakland A's baseball team. "You don't respect the city of Oakland," Daud Abdullah, 51, shouted at Occupy Oakland organizers. "You're tearing the city apart." Shake Anderson, an Occupy Oakland organizer, yelled back, "We're trying to address the issues; you wouldn't be here if it wasn't for us. We're building a community. I thank you for showing up." Anderson then took a Stand for Oakland armband and waved it in the air, saying he also stood for Oakland. The crowd grew to hundreds of people and riot police stepped in, confiscating Occupy Oakland's sound system in a brief but tense scuffle. "This is another attempt to silence and destroy the occupy movement," said Brian Glasscok, 20, who said he owns confiscated audio equipment. "We turned it off but they still came for it." The fracas prompted Occupy Oakland protesters to start chanting, "Stand up, fight back," and calling police derogatory names. Police spokeswoman Johnna Watson said officers confiscated the sound equipment because the occupiers did not have a permit and area businesses had complained about the noise.
  
• Nerf gun mistaken for gun, school locked down - Cupertino High School was locked down Monday morning after a janitor reported seeing a gun in a student's backpack, Santa Clara County sheriff's spokesman Sgt. Jose Cardoza said. The sheriff's office received a report at 8:25 a.m. of a male, possibly a student, with a gun in his backpack. The custodian, according to Cardoza, saw a black handle sticking out of the backpack and immediately called the sheriff's office. Deputies responded and set up a perimeter around the school. Meanwhile, another call came in about 12 minutes later that the confirmed student had been contacted to find a NERF gun in his backpack, Cardoza said. School staff told deputies 20 to 30 other students also brought NERF guns to school to play a game, Cardoza said. No students were arrested but some met with the principal about the possible school violation.
  
• Mirkarimi charges prompt billboard campaign by domestic violence group - Domestic violence charges filed recently against San Francisco Sheriff Ross Mirkarimi prompted an advocacy group for domestic violence victims to raise money for a billboard that would highlight the issue. La Casa de las Madres, a San Francisco-based domestic violence victim shelter, was seeking to raise $4,000 for the billboard, which would be placed near the Hall of Justice in the city's South of Market neighborhood, according to Katharine Berg, the organization's associate director. The billboard would say "Domestic Violence is NEVER a private matter. If you need help, call (877) 503-1850," a reference to statements Mirkarimi made about his case, which stems from a Dec. 31 argument with his wife, Eliana Lopez, during which he allegedly grabbed and bruised her arm. On the day of his swearing-in as sheriff Jan. 8, Mirkarimi called the case "a private matter, a family matter." However, five days later he was arrested and charged with misdemeanor domestic violence battery, child endangerment and dissuading a witness. The case was set to go to trial Feb. 24. Berg said the billboard would be in opposition to Mirkarimi's statement that the case is "a private matter" and in support of all domestic violence victims. "We want to encourage people to pay attention," she said. "San Francisco needs to make a strong statement to victims and survivors that it's a safe place." The campaign to raise money for the billboard started Monday, with $300 being raised since Monday morning. The organization is seeking to raise the necessary $4,000 by 5 p.m. Thursday. La Casa de las Madres is raising money for the billboard with the assistance of LoudSauce, a San Francisco-based startup that raises money via "crowdfunding" on the Internet and uses it to place advertisements in various media. More information about the campaign can be found on the organization's website, www.lacasa.org.
  
• Food truck owners begin filing for permits in Alameda - Despite numerous businesses on Alameda Point, there are precious few restaurants but that's about to change. Alameda began taking applications Monday from mobile restaurateurs. San Francisco's Financial District hosts many exotic lunch wagons because there's more than enough people to patronize them as well as regular eateries. For existing mobile restaurants, Alameda presents new opportunities. "I think that's great, the more the merrier for all the trucks," said Josh Yazzie, a food truck employee. "It's a growing business." Though Alameda has many places to eat, many isolated or remote areas such as the College of Alameda, Alameda Point and other business parks have few or no options. "We want to encourage economic development in some of our areas that are underserved by retail," said Jennifer Ott, with the City of Alameda. For Alameda, the trucks are an immediate solution, but the city said restaurant rows will have nothing to fear. "The way we really responded to some of those issues is to really narrow where these truck should be focused," Ott said. Allison Lehman, said she's a big advocate for food trucks. "I know a lot of restaurants think it's unfair, but I think all's fair in love and war," she said, "It's a great solution." Ott said the food trucks will have to pay business taxes, license fees and get all the permits that any other brick and mortar restaurant would have to get. For brick and mortar restaurants, this doesn't have to be a bunch of invaders coming from out of town; rather, it could be an opportunity to cheaply and quickly expand their existing businesses. Scolari's on Park Street is an extremely popular, but tiny establishment. The restaurant told KTVU they're preparing a mobile vehicle of their own. Regulars said they think it's great. "When you've got a great restaurant and people who can put out great food, but you can't sit down, it's a natural extension," Lehman said. The city believes the first trucks will be out in the community in about a month and other communities hungry for both new cuisines and taxes will be watching.
  
• Petaluma battalion chiefs appear in Chrysler's Super Bowl commercial - Two Petaluma Fire Department battalion chiefs appeared in one of the acclaimed Super Bowl Sunday commercials. Phil Sutsos and Jack Schach appeared for about two seconds in Chrysler Group's "It's Halftime in America" narrated by Clint Eastwood. The firefighters appear one minute and four seconds into the spot, which aired right after the halftime show that featured Madonna. The theme of the commercial, shot in black and white and color, is that America and the auto industry are back after tough times, and neither can be knocked out by one punch. "We get right back up again and when we do, the world's going to hear the roar of our engines," Eastwood says. Schach said he and Sutsos were the only ones in Fire Station 1 at 198 D St. when the film company knocked on the door in early January. "They asked to take pictures of some fire equipment and if we wanted to be in a Dodge commercial that had the potential to be in the Super Bowl," Schach recalled. The shoot lasted about 15 minutes and the film crew was gone in less than an hour. Both battalion chiefs posed with a fire department vehicle in the background. "They said, 'Stand here and look serious, don't smile but don't look mad'," Schach said. The chiefs look calm, confident and reassuring in keeping with the car company's message. Last Thursday, Schach said he got an email informing him the spot would indeed be broadcast during the game. Schach, 38, a Rohnert Park resident, watched the game at his mother's Santa Rosa home. "My cellphone was blowing up a couple minutes after it (the commercial) ended, he said. "Everyone cheered." Schach is the younger man on the right. Sutsos, a Sonoma resident in his early 50s, has been a firefighter 31 years, Schach said. "He's very excited. We got emails from all our friends telling us, 'you owe big time'," he said. Part of being a firefighter means buying ice cream for other firefighters if one's name or photo appear in the media. Schach's and Sustos' Super Sunday likely means super sundaes for their brethren. Each of them earned $100 for the commercial. The money will be put in a general fund for fire equipment or donations. Schach said he emailed his contact with the film company asking, not entirely unseriously, whether some memorabilia, perhaps a Dodge Challenger, might be in the offering. "She said probably not," Schach said. "We're very proud to represent Petaluma and the fire services as a whole. It's cool they wanted to have fire representation and we're honored to be a part that," Schach said.
  
• Judge blocks indicted CNET commander's LA trip for Dr. Phil show - A planned trip by an indicted former drug squad leader to Los Angeles to appear on the "Dr. Phil" television talk show has been blocked by a federal judge in Oakland. Norman Wielsch, 50, of Antioch, the former commander of the Central Contra Costa County Narcotics Enforcement Team, known as CNET, faces federal charges of stealing and selling drugs from the program, extortion and conducting phony law enforcement stings. He was free on $100,000 bail and was required to remain in Northern California while awaiting a not-yet-scheduled trial in U.S. District Court in Oakland. Last week, Wielsch applied for permission to travel to Los Angeles on Feb. 5 and today to tape an appearance on "Dr. Phil," a daytime reality talk show hosted by psychologist Phil McGraw. On Thursday, U.S. Magistrate Laurel Beeler granted permission, despite the written objections of prosecutors. Assistant U.S. Attorney Hartley West argued in a filing that Wielsch might be likely to flee and that the trip was not for the normal family, medical or employment purposes usually allowed for exceptions to travel restrictions. Prosecutors then appealed to U.S. District Judge Saundra Armstrong, the trial judge assigned to the case, in a telephone hearing held Friday afternoon. According to a brief order posted on the court's electronic docket Monday, Armstrong on Friday overturned the magistrate's approval of the trip and blocked the trip, which had been scheduled to begin Sunday.  The order said Beeler's ruling granting permission for the trip was set aside "for the reasons stated on the record at the telephonic hearing held on February 3." The order gave no information about the judge's reasons, and prosecution and defense attorneys declined to comment Monday. U.S. Attorney's Office spokesman Jack Gillund said, "I have no comment." A spokeswoman for defense attorney Michael Cardoza said, "We're no longer speaking about that matter until it is resolved at trial." Cardoza said last week that Wielsch's purpose in the planned unpaid television appearance was to reach out to other law enforcement officers who may be under stress and encourage them to seek psychological help. Wielsch and co-defendant Christopher Butler, a former private investigator from Concord, were scheduled to appear in Armstrong's court for a status conference March 20.
  
• St. Ignatius reopens after last week's stomach flu outbreak - St. Ignatius College Preparatory in San Francisco's Sunset District reopened Monday after being closed for three days last week because of a stomach virus, said school officials. As of last week, the virus had sickened more than 300 students and 30 teachers, but Principal Patrick Ruff said Monday that the bug hit more than 500 students and 70 faculty and staff altogether. Twenty-eight students remained absent today but that was about average for a normal school day, Ruff said. The high school, located at 2001 37th Ave., was shut down on Wednesday because of an outbreak of gastroenteritis. Fifty students had called in sick on Tuesday, and another 90 were sent home that day, many of whom had vomited in trashcans or in bathrooms on campus, Ruff said. The campus underwent a deep cleaning, and the city's Department of Public Health cleared classes to resume on Thursday, but school officials decided to keep St. Ignatius closed until Monday "to ensure the health of our students," Ruff said. Dr. Tomas Aragon, the Department of Public Health's director of population health and prevention, said the extended closure was wise, in part because it would be difficult logistically to hold classes with so many teachers out sick. In addition to the campus closure, several of the school's sports teams had games postponed because of the outbreak, including the boys' and girls' basketball and soccer teams, Ruff said.
  
• Aunt of teenage Livermore homicide victim holds out for justice - At age 15, Livermore teen Kayla Reed's future looked bright. But in early December 2005, the light turned dark when young Kayla disappeared. For over a month, there was speculation and worry by friends and family over the teen's disappearance. On January 10th, 2006, the wondering stopped. Her body was found in the Delta Mendota Canal in the Central Valley and the search turned into a homicide investigation. Two weeks later at a candlelight vigil in Livermore, there was Angel Sheets, Kayla Reed's mother. Police said Sheets initially reported Kayla missing from their townhouse. Naomi Gaunt lived right next door to Sheets. "We heard them screaming a lot and fighting a lot.When I first heard about it I thought Angel might be involved somehow," said Gaunt. Livermore police believed the same thing. Nearly two years after Kayla's body was found, Angel Sheets and her friend, Dennis Murphy, were named persons of interest. Investigators said Sheets failed a polygraph when asked about covering up physical evidence.They also said Dennis Murphy told detectives quite the story about the night Kayla disappeared. Murphy said he went to Angel Sheets' townhouse to smoke meth with her, but when Angel couldn't find the drugs, she blamed Kayla. Murphy said Angel pushed Kayla, holding her against the refridgerator. "Angel told her 'This could get me killed, but it’s not going to get me killed. It’s going to get you killed,'" according to Murphy. Murphy said he told police. That's when he left the home. "The only other thing I can add is there was a confession," said Angel Sheets' sister Claudia Jagels. Six years have passed since Kayla's body was found, but there have been no arrests and no charges filed. Twice, including once as recently as last year, Jagels said the Alameda County District Attorney's office has refused to charge the case. "I honestly feel this case is not being pursued because Kayla came from a poor background," said Jagels. Recently, Jagles showed KTVU documents she has never shown anyone. These were private emails sent from police to her that detailed clues about the case. In one dated May 13, 2008, a now-retired captain talked about a cadaver dog alerting inside Angel Sheets' van. Inside the van, detectives found a police scanner, a map of the Delta with three areas near the canal highlighted in yellow, and a video tape of a movie about the Robin Hood Hills murder case where three young boys were dumped in water. Another email talks about a 2007 posting on the website Topix. An anonymous person from Livermore wrote, "we all know you did it Angel. You threw Kayla against the refrigerator knocking her out and then you and Dennis threw her in your van and got rid of her like a piece of trash." An email from Lt Scott Trudeau to Jagels stated police tracked down the IP address to a woman who's boyfriend apparently knew Angel. According to the email, that woman told police Angel confessed to her boyfriend, saying she had pushed Kayla against the refrigerator and took her body to the Delta. "That story matches by both people of interests," said Jagels. "Then you have a child found five weeks later floating in the Delta Mendota Canal." . In January 2010, Captain Trudeau sent Jagels an email with the following statement: "We actually feel that as things stand, we have enough information to persue charges. We just haven't gotten the case in front of the right DA." The Alameda County District Attorney's office declined to comment on the Kayla Reed case. "It has absolutely destroyed my belief in the justice system," said Jagels.She says she no longer talks to her sister Angel. At last check, Jagels said Angel was living on the streets somewhere in the Central Valley. Jagels remains on a mission in a fight for justice, hoping for charges to be filed against her own sister all the while keeping her memories of Kayla close to her heart.
  
• State ballot could be crowded with tax-hike plans - It appears increasingly likely that Gov. Jerry Brown will have competition in November when he asks California voters to raise taxes as a way to stabilize the state's perpetually out-of-balance budget. On Monday, proponents of two other proposed tax initiatives pledged that they will have enough money to get their initiatives on the ballot and declined to back down despite entreaties from the Democratic governor. Each of the three tax campaigns has influential backers that have been politically aligned in the past, a dynamic that could complicate the campaigns by splitting the donor base, dividing grassroots support and confusing voters. Each also would dedicate at least some of the extra revenue to public education. Molly Munger, a wealthy attorney and civil rights advocate from Los Angeles, outlined her proposal in Sacramento to a supportive crowd at a statewide meeting of the California Parent Teacher Association. The PTA helped draft the initiative, which would increase income taxes on a sliding scale and raise $10 billion annually for 12 years. "We are going to get this on the ballot and we are going to win, because we're prepared to not only get it on the ballot, but be sure that it has a very strong campaign behind it," Munger told reporters after her speech. The political novice, who is the daughter of billionaire Berkshire Hathaway partner Charles Munger, a partner of Warren Buffett, said she is prepared to fund a multimillion-dollar signature-gathering campaign on her own. She already has contributed $800,000 to the initiative. Also Monday, supporters of a so-called millionaires' tax said they were ready to hit the streets with a signature-gathering effort for their own proposal, which would raise income taxes on those who make more than $1 million a year. Brown has warned repeatedly that a general election ballot containing too many similar-sounding tax initiatives could jeopardize the success of all of them. His political allies have tried to persuade those behind the competing initiatives to unify behind their measures. The governor has displayed political might by raising nearly $2.2 million for his campaign, but the other groups appear unlikely to succumb at this point. Supporters of the millionaires' tax include the California Federation of Teachers, the Courage Campaign and the California Nurses Association. On Monday, they held a conference call with reporters to say they are not backing down. "We're the one measure that doesn't put an additional burden on the back of middle-class and working-class families," campaign chairman Anthony Thigpen said. Supporters expect to raise the $2 million they will need to get the initiative on this year's general election ballot, then another $8 million to $10 million for the campaign, Thigpen said. Those groups oppose the broad-based sales tax in Brown's plan, which they said affects those who can least afford to pay more, although the much larger California Teachers Association is supporting Brown's plan. The governor's proposed initiative would boost the statewide sales tax by half a cent for four years starting in January 2013. It also would raise the income tax rate on those making $250,000 a year, increasing it from 9.3 percent to a maximum of 11.3 percent, depending on the amount of income. The income tax increase would start in January 2013 and last for five years. A recent survey by the Public Policy Institute of California found that likely voters overwhelmingly say they favor raising taxes to pay for K-12 education, but want to do so by raising income taxes on the wealthy and not boosting the state sales tax. A political spokesman for Brown, Steven Glazer, did not immediately return a call seeking comment Monday.
  
• Marin psychologist sentenced in child porn case - The U.S. Attorney's office says a Marin psychologist is serving eight years in prison for possessing child pornography. U.S. Attorney Melinda Haag in San Francisco said Donald Tosti was sentenced last Thursday and ordered to pay $50,000 in restitution. Tosti was convicted last September on two charges of possessing child pornography. During the trial, evidence showed Tosti was found with child pornography after taking his computer to CompUSA for repair. A search of Tosti's home and office revealed a large collection of child pornography, including depictions of the rape of very young children. The 76-year-old Tosti of San Rafael was founder of the Independent Learning Schools and was ordered to pay the $50,000 to the National Center for Missing and Exploited Children.
  
• Wet, windy weather rolls into Bay Area - Following a beautiful weekend, the leading edge of the next big rain storm of the season arrived in the Bay Area Monday night. Some high clouds had already rolled in by Monday morning and scattered showers had arrived by 9 p.m. with some significant rain in San Mateo and San Jose at around 10 p.m. The main part of the system remained offshore, but was projecting to make landfall by 4 a.m. KTVU meteorologist Bill Martin also said a wind advisory for the coast and coastal hills that would last from 10 p.m. Monday to 10 a.m. Tuesday. Gustsin some areasa could reach up to 50 mph. High temperatures were likely to be mild in the lower 60s and lows in the lower 50s. Martin forecast a "wet and windy" morning commute Tuesday, as the wind and rains were expected to linger overnight into the early hours of the following morning. As for the Sierra Mountains, little to no snow was expected to fall.
  
• Man gets two years in county jail for being accessory to fatal shooting - One of three men arrested in connection with a shooting outside a Santa Rosa bar in December that killed one man and injured another was sentenced to two years in Sonoma County Jail Monday morning. Daniel Calderon-Escobido, 23, of Petaluma, pleaded no contest in December to being an accessory to the shooting. He will serve his sentence in county jail under a state prison realignment plan that allows some defendants convicted of less serious crimes to serve their terms in local jails. Escobido's two co-defendants, Jose Campos Mendoza, 17, and Alfonso Ramirez-Mendoza, 18, of Santa Rosa, are scheduled to enter pleas on March 1 to murder and attempted murder charges. The shooting occurred shortly before 2 a.m. on Dec. 3 in the parking lot of the El Puente Cantina at 1709 Santa Rosa Ave. Christopher Medina Ochoa, 23, was killed in the shooting and Jullian Loeza Jr., 21, was wounded. Escobido ran from the scene with a gun after the shooting but is not believed to have fired the shots. Mendoza, the alleged shooter, is being tried as an adult. Escobido faced up to a three-year state prison term, but Sonoma County Superior Court Judge Dana Simonds sentenced him to the lesser term because he has no prior criminal record and because he pleaded no contest quickly. The judge, however, said the serious nature of the crime -- and the fact that Escobido was armed and ran from the scene and was not forthcoming with Santa Rosa police -- merited a state prison term rather than probation. Escobido was identified by a security guard at the bar, Simonds said. She said his accessory charge is one of the more egregious accessory charges she has seen. Several of Ochoa's family members attended the brief sentencing, wearing white T-shirts bearing Ochoa's picture and the message "Rest in Peace Beto." They declined to comment afterward.  
  
• Police confiscate Occupy Oakland PA, protesters march to courthouse - Occupy Oakland protesters converged on Frank Ogawa Plaza Monday afternoon, where tense confrontations with police occurred over demonstrators' use of a loudspeaker. The protesters began gathering at the plaza at noon, using an amplified sound system they did not have a permit for, according to police. Meanwhile, dozens of counter-protesters who oppose the Occupy Oakland movement gathered for a quiet demonstration on the steps of City Hall. Around 12:30 p.m., police used their own loudspeaker to inform the Occupy Oakland group, which consisted of about 100 people, that they could not use amplified sound. Police gave them a five-minute warning before officers in riot gear moved in and confiscated the protesters' sound system. Oakland police spokesman Officer Jeff Thomason said no arrests were made. Brian Glasscock, 20, who identified himself as a Laney College student studying baking and pastry, said it was his sound system that was seized. He said the equipment is worth between $700 and $1,000, and worried whether he would get it back. Glasscock said police haven't cracked down on amplified sound during past protests, and wondered why they did so Monday. "We don't think we need a permit to be in a public space for peaceful assembly," he said. Police spokeswoman Johnna Watson said police sometimes allow amplified sound without a permit, especially if the activity is not disrupting business or eliciting complaints. But on Monday, she said, businesses near the plaza were complaining about the noise. Occupy Oakland protester Adam Katz noted that there were more than three-dozen officers at the plaza Monday afternoon. He said police should be focusing on investigating several shootings that occurred over the weekend rather than monitoring protests. Daud Abdullah, an Oakland resident who was part of the counter-protest, agreed that police resources would be better spent elsewhere but blamed the protesters. He said he lives in Maxwell Park and that police have been too distracted by Occupy protests to crack down on drug dealing in his neighborhood. "Oakland residents are fed up with the whole movement and what goes along with it," Abdullah said. He said the leaders of Occupy Oakland should get rid of the violent fringe elements of their group. Paul Junge, public policy director for the Oakland Metropolitan Chamber of Commerce, was also part of the counter-protest, which he said was organized by the group Stand for Oakland. "Causing vandalism, distracting police ... we've had enough of that," Junge said. "It shouldn't be destructive to the city." Monday afternoon's protest follows a smaller gathering that morning at the Wiley Manuel Courthouse, where 10 Occupy Oakland protesters were arraigned on charges stemming from a Jan. 4 demonstration. About two-dozen protesters gathered at the courthouse for the hearing, drinking coffee and eating bagels and bacon next to a sign outside the courthouse that read "Bacon Not Pigs." After the hearing protesters' attorney, Frank Viola of the National Lawyers Guild, said the fact that the protesters were only being charged with obstructing a sidewalk indicates to him that there's not much of a case against them and that the arrests were "a thin attempt to violate their civil rights." Viola said the demonstrators were only "raising their voices for the 99 percent" and speaking out against inequality. "This is a political struggle, and we'll fight in the streets and fight in the courts if necessary," Viola said. Shortly after 1 p.m. Occupy Oakland protesters began marching back to the courthouse.
  
• Tech company move boosts SF mayor's branding push - San Francisco Mayor Ed Lee's effort to brand the city as the world's high-tech capital is getting a boost as cloud-computing company Riverbed Technology Inc. announced its new downtown headquarters. The mayor said Monday the company's move to the renovated 168,000-square-foot space could bring more than 600 new tech jobs to the city. Riverbed plans to move into its new offices in the South of Market neighborhood in 2014. It has signed a 10-year lease. Since his successful effort last year to persuade Twitter Inc. to stay in San Francisco, Lee has cultivated an image as a tech-friendly politician eager to present the city as a Silicon Valley alternative. The city's 7.6-percent unemployment rate is below the national average, helped by its thriving tech scene.
  
• Councilwoman offers $1,000 reward in November hate crime -  San Jose City Councilwoman Rose Herrera is offering a $1,000 reward for information leading to the arrests of those responsible for attacking an East Indian man in November in what police are calling a hate crime. The attack happened the night of Nov. 21 in the parking lot of a Lucky's store at 3270 South White Road in San Jose. The victim, 32-year-old Atul Lall, had gone to Lucky's to pick up ingredients for Thanksgiving dinner. As he was backing out of his parking space at about 9 p.m., three men approached him and one of them called him a "terrorist." Another suspect then opened Lall's door. "He said, 'Why are you staring at my friend?'" Lall recounted. That's when the first suspect began hitting him in the head with a large tequila bottle. Lall said the suspects poured alcohol on him, spit on him and tried to pull off a scarf he was wearing around his neck. One suspect told him, "Don't fight back, I have a gun," Lall said. Even though there were other people around, "no one helped me," he said. His family drove him to a hospital, where he was treated for a gash on his chin, six broken teeth, a broken jaw, and head and neck trauma. The suspects remain at large, and detectives are investigating the case as a hate crime. Lall was speaking at a news conference at the San Jose Police Department this morning at which Herrera announced that her office is offering the reward. "An attack against one person in our community is an attack against all of us, and I take that very seriously," Herrera said. "We want to make sure this never happens again." Lall, an industrial designer who lives in Herrera's council district, said he is frustrated with the slow pace of the investigation. He said it took officers four hours to respond the night of the attack and two and a half weeks to complete the police report. After six weeks, Lall called police and requested a sketch artist himself. "I just think it's not right," he said. "I was supposed to be healing and recovering." He said he doesn't feel hopeful there will be any resolution in the case. "I feel like too much time has elapsed," Lall said. Detectives are reviewing surveillance footage and awaiting lab results of evidence recovered on the night of the attack. "Hate crimes are absolutely intolerable," Police Chief Chris Moore said today. "We will investigate vigorously and prosecute any person who is involved in a hate crime or hate incident in our jurisdiction. It is critical for people to understand they need to report these types of crimes." Santa Clara County prosecutor Erin West said there were 31 hate crimes reported in 2010, 19 of which were prosecuted, and 13 reported last year, six of which were prosecuted. San Jose police have released a sketch of one of the suspects in the attack. He is described as a heavyset Hispanic man in his 20s with a medium complexion, standing at 5 feet 6 inches tall. He has black hair and brown eyes and was wearing tan clothing. Little information is available about the second suspect, other than that he is a white man in his 20s who was wearing black or dark-colored clothing. The third suspect is a Hispanic or white man, about 5 feet 7 inches tall. He was wearing sweats. Anyone with information about the case is asked to call police Detective Michael Villanueva at (408) 277-4161. Those wishing to remain anonymous can call the Silicon Valley Crime Stoppers at (408) 947-STOP (7867) or visit http://svcrimestoppers.org/.  
  
• Appeals court to rule Tuesday on constitutionality of Prop. 8 - A federal appeals court plans to announce whether it thinks California's same-sex marriage ban violates the civil rights of gays and lesbians, and if the trial judge who struck down the voter-approved measure should have revealed he was in a long-term relationship with another man. The 9th U.S. Circuit Court of Appeals said a three-judge panel was ready to publish its long-awaited opinions Tuesday on the ban and on the possible conflict-of-interest by former Chief U.S. Judge Vaughn Walker, who ruled that Proposition 8 did not pass constitutional muster. Walker presided over the first trial in federal court to examine if same-sex couples have a constitutional right to get married. Even if the 9th Circuit panel agrees with him and overturns the ban approved by voters in November 2008, same-sex marriages are unlikely to resume in California any time soon. Supporters and opponents of Proposition 8 have said they would appeal to the U.S. Supreme Court if they lose in the intermediate court. Some legal observers believe the written heads-up the court gave Monday indicates it concluded there is no reason why Walker should have disclosed his relationship status while he had the case. "The notice appears to indicate that the panel will rule on the constitutionality of Proposition 8. That seems to suggest that the court will deny the effort by Prop 8 proponents to vacate Judge Walker's ruling on recusal grounds, and also that it will find that the Prop. 8 proponents had standing to pursue the appeal," University of Pennsylvania Law School Professor Tobias Barrington Wolff said. The panel heard arguments on the ban's civil rights implications more than a year ago but delayed a decision while it sought guidance from the California Supreme Court on whether Proposition 8's sponsors had legal authority to challenge Walker's ruling after the governor and state attorney general decided not to appeal it. The California court ruled in November that the state's vigorous citizens' initiative process grants official proponents of ballot measures the right to defend their initiatives in court if state officials refuse to do so. Further complicating the 9th Circuit's consideration was a move in April by lawyers for the coalition of religious conservative groups that put Proposition 8 on the ballot have Walker's ruling vacated because of the now-retired judge's same-sex relationship. Walker's successor as the chief federal judge in Northern California, James Ware, rejected arguments that Walker was unqualified to preside over the 13-day trial that because he stood to personally benefit from declaring Proposition 8 unconstitutional. The 9th Circuit held a hearing on that question in December.
  
• Redwood City Special Ed teacher accused of kicking, slapping students - A Redwood City special education teacher has been charged with multiple counts of abusing children at Roosevelt Elementary School, a deputy district attorney said Monday. Alexia Aliki Bogdis, 44, of Millbrae, has been charged with five counts of child cruelty and four counts of battery on school grounds, San Mateo County Chief Deputy District Attorney Karen Guidotti said. Investigators said they believed Bogdis slapped a student, twisted a student's wrist, and kicked the back of a chair, causing a desk to move forward and strike a student, Guidotti said. She was also accused of depriving a child of food and kicking a child in the stomach, Guidotti said. No children were seriously injured, Guidotti said. Police investigators believe the victims were two 4-year-old boys and that the crimes occurred over the past few months. Officers acted on a report from Child Protective Services and obtained an arrest warrant for Bogdis on Friday, police said. Bogdis surrendered to police on Saturday and was booked into San Mateo County Jail. She was later released on $15,000 bail, Guidotti said. She was scheduled to enter a plea in San Mateo County Superior Court on March 1, Guidotti said. A spokesperson for the Redwood City School District did not immediately return a call for comment.
  
• Man shot, killed near SJ apartment complex - A man was shot and killed in San Jose on Sunday night, police said. Officers responded to the shooting in the 4300 block of Blackford Avenue at 10:15 p.m. The victim was in a parking lot of an apartment complex suffering from at least one gunshot wound. The 21-year-old man was transported to Santa Clara Valley Medical Center where he was later pronounced dead. Police have not yet released the name of the victim, pending notification of his next of kin. Police have no suspects in the shooting, and are asking anyone with information to call San Jose police at (408) 277-5283.