tv Legal View With Ashleigh Banfield CNN May 1, 2015 9:00am-10:01am PDT
. this is cnn breaking news. hello, everyone. i'm ashleigh banfield. i want to welcome our viewers in the united states and around the world as well. i'm coming to you live today from baltimore in front of the city hall. listen, this has been a heck of a day, a lot of surprises coming out of this city. 19 days after the arrest of freddie gray simply for making eye contact with a police officer on a bicycle. 12 days after mr. gray passed away from the broken neck that he suffered in the back of as police van, all six of the officers who were involved in that takedown and in the transportation of that 25-year-old previously healthy baltimore man, are now facing a arrests. the warrants went out. whether they're in custody we don't know that yet. the charges range from misconduct to second-degree murder. and you could feel this city
holding its selective breath as the state's attorney, marilyns mosby, stepped out, 90 minutes ago and declared gray's arrest was unlawful, that his untimely death was a homicide. i want you to hear now how baltimore's newly elected prosecutor herself a daughter and granddaughter of police officers, laid out the gristly narrative that led to this moment. >> on april 12th, 2015 between 8:45 and 9:15 a.m. near the corner of north avenue and mount street, lieutenant brian rice of the baltimore police department while on bike patrol with officers garret miller and edward nero, made eye contact with mr. freddie carlos gray jr. having made eye contact with mr. gray, mr. gray subsequently ran from lieutenant rice. lieutenant rice dispatched over departmental radio that he was involved in a foot pursuit at
which time bike patrols officers and nero, officers miller and neros also began to pursue mr. gray. having come in contact with the pursuing officers, mr. gray surrendered to officers miller and nero in the vicinity in the 1700 of block of presby street. they handcuffed mr. gray and moved him to a location a few feet away from his surrendering location. mr. gray was then placed in a prone position with his arms hand cuffed behind his back. it was at this time that mr. gray indicated he could not breathe and requested an inhaler to no avail. officers miller and nero placed mr. gray in a seated position and subsequently found a knife clipped to the inside of his pants pocket. the blade of the knife was folded into the handle. the knife was not a switch blade and is lawful under maryland law. these officers subsequently removeds the knife and placed it on the sidewalk.
mr. gray was then placed back down on his stomach at which time mr. gray began to nail his legs and scream as officer miller placed mr. gray in a restraining technique known as a leg lace. while officer nero physically held him down against his will until a pd wagon arrived to transport mr. gray. lieutenant rice, officer miller and officer nero failed to establish probable cause for mr. gray's arrest as no crime had been committed by mr. gray. accordingly, lieutenant rice, officer miller and officer nero illegally arrested mr. gray. upon arrival of the transport wagon driven by officer caesar goodson, lieutenant rice, officer nero and officer miller loaded mr. gray into the wagon and at no point was he secured by a seat belt while in the wagon contrary to a bpd general order. lieutenant rice then directed bpd wagon to stop at baker street.
at baker street lieutenant rice, officer nero and officer miller removed mr. gray from the wagon, placed flex cuffs on his wrist, placed leg shackles on his ankles and completed required paperwork. officer miller, officer nero and lieutenant rice loaded mr. gray back into the wagon placing him on his stomach head first on to the floor of the wagon. once again, mr. gray was not secured by a seat belt in the wagon. contrary to a bpd general order. lieutenant rice directed officer goodson to transport mr. gray to the central booking and intake facility. following transport from baker street, mr. gray suffered a severe and critical neck injury as a result of being handcuffed, shackled by his feet and unrestrained inside of the bpd wagon. from baker street officer goodson proceeded to the vicinity of mosser street and fremont avenue where he subsequently parked the wagon and proceeded to the back of the
wagon in order to observe mr. gray. despite stopping for the purpose of checking on mr. gray's condition, at no point did he seat nor did he render any medical assistance for mr. gray. officer goodson returned to his driver's seat and proceeded toward the central booking and intake facility with mr. gray still unsecured by a seat belt contrary to a bpd general order. >> several blocks later officer goodson called into dispatch that he needed to check on the status of his prisoner and requested a additional units at dolphin street and drew hill avenue. officer william porter arrived on the scene near dolphin street and hill avenue. officer goodson and officer porter proceeded to the back of the wagon to check on the status of mr. gray's condition. mr. gray at that time requested help and indicated that he could not breathe. officer porter asked mr. gray if he needed a metdic at which tim
mr. gray indicated at least twice that he was in need of a medic. officer porter then physically assisted mr. gray from the floor of the van to the bench. however, despite mr. gray's appeal for a medic, both officers assessed mr. gray's condition and at no point did either of them restrain mr. gray per bpd general order or render or request medical assistancep. while discussing the transportation of mr. gray for medical attention a request for additional units was made for an arrest at the 1600 west north avenue. officer porter left the vicinity of dolphin street and druid hill avenue to assist in the arrest of another prisoner at north avenue. despite mr. gray's obvious and recognized need for medical assistance, officer goodson in a grossly negligent manner chose to respond to the 1600 block of west north avenue with mr. gray still unsecured by a seat belt
in the wagon without rendering to or summonsing medical assistance for mr. gray. officer goodson arrived at north avenue to transport the individual arrested at the location of north avenue and pennsylvania avenue a at which time he was again met by officer nero, miller, porter and lieutenant rice. once the wagon arrived, officer goodson walked to the back of the wagon and again opened the doors to the wagon to make observations of mr. gray. sergeant alicia white, officer porter and officer goodson observed mr. gray unresponsive on the floor of the wagon. sergeant white, who was responsible for investigating two citizen complaints before mr. gray's illegal a arrest spoke to the back of mr. gray's head. when he did not respond, she did nothing further despite the fact she was advised he needed a medic. she made no effort to look or assess or determine his
condition. despite mr. gray's seriously deteriorating medical condition, no medical assistance was rendered or soum monsed for mr. gray at that time by any officer. after completing the north avenue arrest and loading the additional prisoner into the opposite side of the wagon containing mr. gray, officer goodson then proceeded to the western district police station where, contrary to the bpd general order, he failed to restrain mr. gray in the wagon for at least the fifth time. at the western district police station the defendant arrested at north avenue was unloaded, escorted and secured inside of the police station prior to attending to mr. gray. by the time officer zachary novak, sergeant white and unknown officer attempted to remove mr. gray from the wagon mr. gray was no longer breathing at all. a medic was finally called to
the scene where upon arrival, the medic determined that mr. gray was now in cardiac arrest and was critically and severely injured. mr. gray was rushed to the university of maryland shock trauma where he underwent surgery on april 19th, 2015, mr. gray succumbed to his injuries. >> we're running the tape of marilyn mosby because congressman cummings has shown up and about to give a live news conference. let's listen in as the congressman addresses everyone here. good afternoon, everyone. this morning at 7:00 i said on
one of the national networks that i would trust whatever marilyn mosby did. i didn't know that a decision would be coming down today. i said this morning that i believe in her integrity, her pursuit of excellence, the fact that she is an outstanding lawyer, and that she has been elected by the people of our great city. i said that i believed what she would do is take all the information that she had already gathered and look at it very carefully and if she thought that there was any additional information that was needed, that she knew she had the full
force of not only the baltimore city police department, but of a federal government behind her. and the other thing that i said was this, that i believe with all my heart, that she would take the facts, once she did all the research she needed to do, size it up with the law, and make the right decision. i said this morning before i knew any of this, that whatever her decision would be, because of her integrity, and the fact that i believe in her, that i would accept that decision. i said something else. i said something else. i said this at freddie gray's funeral. i said, you know, did you see it? did anybody see this man?
did they see this man who was a mother's child? did they see this man who was was just trying to get through life? did they see him as a human being. i have come here today to thank god. >> thank god. >> that marilyn mosby and her team saw him, saw him. the process has started. that's the main thing, the process has started. so many people in the neighborhoods that you have been filming over the last few days, i think somebody said it earlier, mr. thomas i think said it, they've never seen a victory. they've never seen a victory. and they had begun to believe that the system could not work for them. so many of them have felt like the system had worked against them. and so again, we are beginning
the process. and one other thing that i said this morning, i said that if we approaches the evening of our lives, many of us, we want to make sure that our children have a better morning. and so i want to thank everybody, i want to thank bishop walter scott thomas, all the members of the clergy, all the community leaders and organizations, our elected officials, for coming together to stand with our children, but most important, to hear them, to hear them. and so from here on, we'll, again, miss mosby, you will take the case from here, i'm sure this investigation will still be ongoing, that is not unusual, and the fact is that it is a new
day in our city. let me leave you with this. i don't want anybody to be confused that the issues of police and community is one part of a broader set of issues. our children need to be properly educated. they need to be trained in certain areas so they can get jobs. so they can be functional, and so they can have equal chance for opportunity. as i close out, i just want to say this. this is a great day, this is a great day, and i think we need to realize that. >> use baltimore as a model of an example? >> i think we -- i'm going to
caution everybody this is the beginning of a process. we did witness history in one respect and that is so often these things happen and nothing happens. and i think it's sending -- and we witnessed history, our children, they went out there and protests for the most part peacefully. but they had to protest in order to get here. and they -- and this creates a faith in them. i mean, i had a young man that said to me last night, a 16-year-old, 16 years old, he said, congressman, i love you, but i feel like i'm in a casket crawling and clawing to get out. just trying to get out. just trying to be somebody. so we've still got work to do. this is from -- and let it be known, that this is national. >> yes. >> i said it before, these things can happen anywhere.
and so with that, i think a message has been sent by our state's attorney that she treasures every life, that she values every person and so let the wheels of justice begin to roll and it's good that they are rolling as opposed to standing still. >> congressman, with the charges against the officers in north charleston a couple weeks ago and now these charges against these officers, do you see a shift in the tide where these officers are going to be held accountable for their actions? >> i said many times we need to establish a new normal. a lot of times we think that we are in a normal situation, but it's a mutual respect. our policemen and they are most of them are great, and they know that themselves, i've talked to policemen, i mean a lot, and they tell me themselves that there are certain police that should not be on the force.
and so they're going to have to help us weed out those folks so that they can be the elite of the elite. one of the things that i'm determined to do and i'm hoping we're able to do is make baltimore a model for the nation. a model for the nation. we don't have to follow anybody. we can set the model. i believe that we set the model when we were at pennsylvania and north, going out and talking to people, and a lot of the folks that we talked to, they just simply wanted to know that you hear them and you see them and you love them and you respect them. and they want to live in dignity. and they want to see their futures. they want to see their future and they want somebody to see them. last but not least and then i'm closing. i thought about freddie, i could not help but think about my own
childhood. and i looked at him in that casket, and i said to myself, here was a young man just trying to exist, trying to exist. so hopefully now with this, our city can begin to heal, to come together, policemen will look and women will look at their jobs from a different stand-point and realize that -- that they are here to protect and serve and by the way, and that our community must respect them but -- and it's got to be a mutual respect thing. because let me tell you, the police need us as a community and we need them. thank you very much. [ applause ] >> congressman elijah cummings wrapping up comments outside of city hall in baltimore, just
feet from us, in fact. we will see if we can't ask the congressman to come over to our live location. so many questions i have for him about these charges. but in the meantime look at the pictures developing live in baltimore. these are the pictures of spontaneous protests that have erupted in the streets. i'm not sure you can call them protests or celebrations. it may be a little of both. people have been emerging ever since the state's attorney in baltimore announced that six of those officers involved in the arrest and the transport of freddie gray that ultimately resulted in his death have now been charged. the warrants are out. they've been charged with everything from second-degree murder down to misconduct in office and each of the six facing a slightly different kind of array of charges, some of them being pointed to as more to blame for the death than others. the driver of the van being singled out as one who perhaps is the most culpable if the charges are accurate, the
second-degree murder charge, that driver is facing. those a arresting officers however are facing different kinds of charges, mostly because of the way that freddie gray was pursued and arrested. the eighth amendment says, you have a right to avoid unlawful search and seizure and you do not have the right to be arrested if there is isn't some kind of probable cause and the state's attorney says there was not probable cause to go after freddie grayp. in fact, she even went so far to release a piece of information we had not known up until now, that the knife that freddie gray had was, in fact, a legal knife. it was not a switch blade as had been reported before. it was a legal knife. and that freddie gray had done nothing to warrant the chase and the arrest and that is why you're seeing these kinds of charges yielding towards those officers who made the arrest. again, other charges pertain to the way he was treatd during the transport. the fact that he needed the help, the medical attention,
that he did not get, time after time, six times, six times, in fact, during that arrest and transportation when he asked for help was checked on and did not get that medical help. couple things we're also watching is the streets in baltimore start to see people coming out, many of them in support, many of them calling that justice has been actually found at this point or at least observed at this point. we are a long way from the end of this justice process because charges are one thing, trials and convictions are quite another thing. we're also watching oakland, california, where there are protests and demonstrations that have erupted as well since just about two hours ago. about an hour and a half ago. marilyn mosby, state attorney for baltimore announced on the steps of the war memorial that there will be charges. it is 9:21 in the morning in oakland, california, and already probably i would say that's upwards of 200 at least on your screen, people examining out, don't forget this is also may
day, international workers day, so many people had planned to protest today for those reasons. immigration as well on the agenda. today many also coming out because of freddie gray and because of the announcement of charges against him. soon for you, we're also going to have the president who at the white house has reacted as well, to the situation developing in baltimore and this situation i call it developing, it is emerging. everything has been changing from the first day that freddie gray was arrested to the day that he died, to the day the protests erupted to the day the looting and the destruction and the crime in the streets erupted to the days afterwards in which we all waited for a police report that was just delivered yesterday to the state's attorney. i asked that state's attorney, did that police report play heavily into your decision to make the six officers now arrested and facing these charges and she said they didn't give us anything we didn't already know. they had been conducting their own independent investigation in the state attorney's office and that was effectively what she said yielded the information she
had. we're also like i said awaiting word from the president as he reacts to what's happening in baltimore and elijah cummings, hoping to get him to our location but as you can imagine the situation out here extremely fluid. couple other things on the agenda today, we will analyze some of the charges. i mentioned a few moments ago, it is one thing to face charges, it is quite another thing to face convictions. i just want you to remember back in '92, there were riots in the streets of los angeles because four officers who had gone through the process, there had been probable cause, they had been arrested, they went to tria trial, the beating of a black man the l.a. riots erupted. in the meantime i want to go to brian todd our correspondent out on the streets and monitoring the situation and those who have heard the message from the state's attorney. brian? >> ashleigh they've heard that
loud and clear the announcement of the charges has provoked a spontaneous street celebration at the corner of north and pennsylvania avenues. this has been the flashpoint for the protests, epicenter of some of the violence but now a street party. people out here spontaneously jumping up, laughing, cheering. they're disrupting traffic a little bit but not too seriously. a lot of horn honking loud, cars and trucks passing by, showing you some of the atmosphere here. a real street celebration here in west baltimore. but at the same time ashleigh well, have to say, that a lot of people out here are telling us that as happy as they are that these charges are being brought, that this is not over. we just talked to a couple of protesters a couple of leaders of the protests who say, they're not really going to rest until they get the convictions that they feel are deserved in the case if those convictions come. they believe this is a big victory today, one step, and they're celebrating that big step but they say this is not
over yet, ashleigh. we'll kind of let a photo journalist jordan show you what's going on here. and i'll toss it back to you. >> brian, i don't know if you can still hear me but i wanted to ask you a question, the police union representing those officers, has sent an open letter to the state's attorney, to marilyn mosby, effectively asking her to instead appoint an independent prosecutor to take over this process. i'm going to read a short portion of this letter. it said, not one of the officers involved in this tragic situation left home with the anticipation that someone with whom they had interacted would not go home that night. as tragic as the situation is, none of the officers involved are responsible for the death of mr. gray. to the contrary, at all times each of the officers diligently balanced their obligations to protect mr. gray and discharge their duties to protect the public. you're out there on the streets with the people effectively celebrating and demonstrating
what about all those officers out there. are you seeing anything, can you read anything from them, or is it business as usual, they're doing their job? >> it really is business as usual. i can take you over here to my left. these are pennsylvania state police officers intermixed with baltimore and maryland state troopers, other state police, other -- these are baltimore police over here. but basically business as usual. they are hanging back, they are not moving into the street, they are letting these people have their space as they have in previous days. business as usual, being subtle about their present. they're out in force but not moving in on these people. >> thank you for that. thank you, brian. i only want to wrap you. we've been awaiting word from the president. he gave taped comments a short time ago from the roosevelt room in the white house. he's been seeing his television monitors in the white house as he prepares to make a statement about baltimore. have a listen. >> absolutely vital that the
truth comes out on what happened to mr. freddie gray, and it is my practice not to comment on the legal processes involved. that would not be appropriate, but i can tell you that justice needs to be served. all the evidence needs to be presented. those individuals who are charged, obviously, ares also entitled to due process and rule of law and so, you know, i want to make sure our legal system runs the way it should. and the justice department and our new attorney general is in communications with baltimore officials to make sure that any
assistance we can provide on the investigation is provided. but what i think people of baltimore want more than anything else, is the truth. that's what people around the country expect. and to the extent that it's appropriate, this administration will help local officials get to the bottom of exactly what happened. in the meantime i'm gratified we've seen the constructive, thoughtful protests that have been taking place, peaceful, but clear calls for accountability that those have been managed over the last couple of days in a way that's ultimately positivpositive for baltimore and the country and i hope that approach to
nonviolent protest and community engagement continues. and finally, as i've said for the last year, we are going to continue to work with the task force that we put together post-ferguson. i'm actually going to be talking to mayors who are interested in figuring ways to rebuild trust between community and police and to focus on some of the issues that were raised by the task force right after this meeting. our efforts to make sure we're providing greater opportunity for young people in the communities, all those things are going to be top priorities for the administration and we'll probably have some more announcements and news about that in the days and weeks to come. all right. thank you very much, everybody. >> thank you.
>> the president of the united states from the roosevelt room releasing those comments about the situation in baltimore just moments ago, saying that these officers, all six who have been charged, at least one seriously charged, with second-degree murder, they also deserve their due process, that they also are entitled to the rule of law. also saying that the new department of justice head, the attorney general loretta lynch involved speaking regularly with officials in baltimore to help with the process. we are back live with the evolving situation in baltimore and across the country in just a moment.
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this is cnn breaking news. >> welcome back to our breaking news coverage on cnn. i'm ashleigh banfield live in baltimore. we want to welcome our viewers in the united states and around the world and show you some of the reaction to the announcement that six officers are now facing charges in the death of freddie gray who was in their custody upon being arrested. on the left of your screen, the streets of baltimore, erupting into spontaneous demonstrations, many of them celebrations, but also on your right, you can see the mobilization of some of those national guard vehicles. now some of these are humvees. the tan ones are armored humvees. the ones you might see on your screen coming through that are camouflaged are soft sided
humvees and some of the larger trucks are these light medium tactical vehicles that are also in the streets and they're transporting many of the national guard members around the streets of baltimore. they are on the move in baltimore. there are spontaneous demonstrations that have erupted on the other coast in oakland, california. we can tell you that dozens upon dozens of people have come out into the streets there as well. this is may day, international workers day, so many protests may already have been scheduled prior to this very surprising announcement today from the state's attorney here in baltimore that the six officers will, in fact, face charges and naming all of the different charges. nonetheless people are emerging out into the streets spontaneously here in baltimore. we've seen a number of people coming by with signs, many of them vocal as well, certainly when the charges were read on the steps of the war memorial, a lot of people cheering in fact. i want to go through for you what these charges are and which
officers are facing what because they are different, depending on the role that those officers played. i'm going to start with officer garret miller who's facing assault in the second degree, misconduct in office and false imprisonment. sergeant alicia white, facing manslaughter, involuntary manslaughter, second degree assault and misconduct in office. officer caesar goodson, the driver of the van perhaps facing the most serious charges and most charges, he is facing second degree murder with a depraved heart, he's also facing involuntary manslaughter, facing second degree assault, also facing manslaughter by vehicle and gross negligent manner, manslaughter by vehicle in a criminalically nenl icallically, misconduct in office as well. officer william porter, involuntary manslaughter, be second degree assault and misconduct in office. officer brian rice, manslaughter
of the involuntary nature, second degree assault, misconduct in office and false impris mnent as well for the way freddie gray was arrested and transported. officer edward nero second degree assault, misconduct in office and also false imprisonment and we should mention as well that the number of sfnss that a fnss that a s of sfnss that aentences go into decades. extraordinarily serious charges each of the six officers will be facing, freedpredominantly the r facing the second-degree murder charge. i want to welcome to our set congressman elijah cummings giving an ad hoc news conference not far away. thank you for taking the time to come by. >> good to be with you. >> i want to ask one of the most serious questions that emerges that charges have been filed, arrest warrants have gone out, charges are one thing. convictions are another thing as we remember from the rodney king riots, those riots erupted in 1992 because the four officers
in his beating were arrested, charged, they were tried, they were acquitted. >> yeah. well, my main concern right now is that the wheels of justice are rolling for this young man who died. you know, there's a process. our judicial system, there's a process. we'll go through that process and get through it. but again, this morning, just this morning, on this network i said that whatever marilyn mosby decided, it would be fine with me. >> did you expect to hear it -- >> i did not. >> all these charges listed. >> i didn't know what she would do, but i know her. i know her. i know she's a brilliant, young lawyer. and she is one who lives not very far from me in the inner city. she is well educated. she has the utmost integrity and i knew that she would take a
look at the facts, size them up with the law and make a reasonable, fair, judgment after a thorough investigation. i said this morning that she knew she had the force of the united states government behind her. in other words, if she was not satisfied with what she got from the baltimore city police, she could always go to the fbi for help. >> just as you were walking over here, in fact, the president released some live comments to tape from the roosevelt room suggesting the force of the doj and new attorney general loretta lynch will be here for the officials in baltimore as they go through this process. i want to ask you as well, though, the police union representing these six and all of the other officers, half of them black, half of them white, many of mixed race as well, and hispanic as well, and other races as well. >> i understand. >> that union has said they want to see an independent special prosecutor instead of this prosecutor. what's your reaction?
>> again, we have a prosecutor willing to take this on and we elected her, the people of this city elected her, and so she is well qualified to do this case. in many instances things like this has happened and there have been no charges. i don't know what they said in those instances where prosecutor or a grand jury decided not to charge. i don't want to get too deep into the charges. this is an ongoing case and i'm a lawyer and always ans officer of the court. we just wants justice to be done. i've said it over and over again. that we wanted a search for the truth, the whole truth and nothing but the truth, and i think that's what she's doing, pursuing the truth. and a jury will hear the case and they will make a decision. >> as a lawyer, i am so delighted to be able to ask you this with the congressman and the lawyer title both, you have probably seen many courtrooms where things don't go exactly as planned. >> right. >> especially when you multiple defendants all involved in an
emerging crime, an emerging situation. i should say alleged crime at this time. >> alleged. >> because there are six people who undoubtedly will be able to dos this. it was him or her who did it, it was not me who did it, it creates that thing that we call reasonable doubt so critical in a courtroom. are you confident that that will not be the emerging story from this case and all six, it will be too much doubt for all six to get a realistic conviction. >> all kinds of cases you have that situation and i am convinced that, again, she will present her case, it will be -- they will have their defense counsel, and the case will be presented to a judge and jury and they will make a fair and reasonable decision, period. >> can i ask you, congressman, did marilyn mosby have a choice? i mean, if you think really, did she have a choice? because if she had stood out on those steps, sir, and said, we can't find probable cause, we don't see any indictments downs the road, this town might have burned. >> ma'am, you don't know marilyn
mosby. she had only one choice. just one. and that is to do what she believed. knowing her, that was the only choice. period. >> yeah. >> that's what -- by the way, that's what justice is all about. that's what justice should be about. i believe -- that's what i said this morning. before i knew anything, whatever she decided, because i believe in her and her integrity and brilliance, that she would do what was right and i was willing to accept it, whatever it was. >> congressman, thank you so much for taking the time. i know it's a busy day. the best of luck to you as well as you navigate through with your community. there's a lot of communicationcation needed in this town town. >> you have the weight of the world on your shoulders. hope you speak with us again. >> thank you very much. >> so much to continue covering as well because not only do we have the demonstrations here in baltimore, but also across the country. and it's only friday during the day. school is not out. and workers are not out. and nightfall hasn't happened. will there be protests or demonstrations? will they be jubilant or
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freddie gray. one facing murder, the others facing an array of charges from assault and misconduct in office, to various number of different charges depending on who the officer is and what that officer did. i want to bring in two of our guests to talk about this. they had been in the middle of the story since it erupted, a human rights, civil rights lawyer and was a campaign manager for marilyn mosby the state's attorney who announced the charges today, and brandon scott a city councilman in baltimore co-founder of the 300 man march. first to you, mr. pettit, were you surprised at the speed of which we got all this resolution thus far i will say? this is an evolving process, only the first in the process of justice, but to hear all of these charges in details from marilyn mosby early in the process. >> i was surprised at the speed. i did not expect it this morning. even though it's a pleasant surprise. but when she articulated the charges and the facts and said that her office had been working around the clock, i know that
she looked at all the evidence and like she said, she had a lot of the evidence that the police department presented to her yesterday but she said another thing i think was outstanding. she looked to the sheriff's department as well as her agency for investigator to assistance. that's something that's unusual because people forget that the sheriff is independently elected just like she is. so it sounds like she had a lot of her ducks in place before the police report came to her attention. and one of the things that i'm concerned about, one of the things i think that prompted the decision from what she said, the autopsy which is usually crucial in this type of case, indicated that it was homicide. that gave us a supporting basis for her to, in fact, seek the charges that she is seeking. now you're correct, just probable cause at this point in time but i am very pleased she did not overcharge. she didn't try to do what the public wanted and murder one for everybody. she went murder two and went down with a very substantial
list of charges, seems to me she believes that she can make and be prove when, in fact, they do get to trial. >> councilman scott i would love to ask you the same question about the surprise but add to that, the you got -- you have a heady agenda, the 300 man man scheduled to be on the streets again. what kind will this be? >> we're in year three. 300 man march against violence in the city. we care when we have police brutality, when citizens kill citizens and domestic and youth violence, what we will be doing out there, an event for most of our events men only, tonight we will be occupying the corner in baltimore city and we're going to have women and children out there just showing that we want violence to end in our city and community. we are about looking at it from a civility stand-point. >> do you expect there will be violence? >> no. we never have issues at our events. and again, this is something the world needs to know, most people
in baltimore city are not violent counter whatto what they've been seeing over the last week. >> the police union at this point is calling for a special prosecutor, an independent prosecutor to take over. they have said in an open letter to marilyn mosby the state's attorney in baltimore that they believe these officers were only doing their jobs and that they never intended to end the life of a person when they came to work that day and that they are not guilty of the crimes against them. >> this is a done deal now that she's intitdicteindicted. in my opinion, i think they were anticipated charges would be coming and that's why they screamed out as a defense mechanism to ask for an independent prosecutors. so that is sort of unique coming from the fop and i believe they tried to anticipate her, but as congressman cummings has said, she is duly elected, the baltimore city state's attorney, she has primary jurisdiction and has acted and i see nos basis at this point in time for and int pent prosecutor if authorized by
law to come in. >> thank you so much for being part of this today. i hope the best for the city and i hope things are peaceful and the demonstrations sure to evolve. thank you for being here today at this time. we still have as lot ahead. not only spontaneous demonstrations that have erupted in baltimore be not unexpected, but demonstrations across the country. we will keep you updated as to what's happening and we're going to figure out what about the probable cause, what about this fact pattern, how much -- ugh... ...heartburn. did someone say burn? try alka seltzer reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm... amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief.
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this is cnn breaking news. >> welcome back to baltimore. i'm ashleigh banfield reporting live on a day that was a surprise to so many of us here. the announcement of charges against all six officers involved in the death of freddie gray here in baltimore. it sparkeded protests, looting, it sparked violence and weeks of introspection of the legal system and now the legal system is in play. i want to bring in our analyst mark o'mara, lisa bloom and the president of the black law enforcement executives cedric alexander with us as well. mark o'mara, to you if i could ask you about the probable cause that state's attorney marilyn mosby said did not exist for the arrest of freddie gray, that yielded charges against several of these officers alone, and yet there's a supreme court opinion that says if you're in a high crime area and you run from police, that in itself is probable cause. what am i misunderstanding?
>> here's the thing. the probable -- the allowance to stop is okay based upon a high crime area when you run. so they can stop him and frisk him. but can they arrest him? i think what the prosecutor said was they had a right to stop him. they did not have a right to arrest him. that's the difference. they suggested that the arrest was based upon the five which she said was a legal knife. there is not probable cause to arrest. then when they arrested him, now he is in their care and custody, they have to treat him properly as any other citizen accused. look at it what the prosecutor did was take it step by step and say once the police had the responsibility to treat him properly that's their responsibility and they failed in their responsibility along the way. >> lisa bloom, you heard the state's attorney list out the narrative leading to the charges for each and every one of these officers and you and i have been in the courtrooms together where we see defense attorneys with multiple defendants pointing at each other and it is a very
strong tactic for defending because it creates reasonable doubt. what do you think the charges of these chargeses sticking to these officers is? >> first of all how sad we're shocked that a local prosecutor is standing up for the rights of an african-american victim against police violence. but we are shocked because it happens so rarely. it did happen today in baltimore, thank goodness. that's just the beginning. will these police officers all turn on each other? maybe. ors the continued blue wall of silence we see in so many cases. what's striking about today, ashleigh, is that almost everything this prosecutor has said is directly in contradiction to what the police have been saying over the last couple of weeks, in terms of no reason for the arrest. what happened in the van, how many stops there were in the van. freddie gray, begging for his life from police officers who were sworn to protect him. either she's telling the truth and got it right or the police officers, six of them, not just one or two bad apples, but six have been lying consistently
since this incident. >> so cedric alexander, you know, just bouncing off what lisa says, the police union has already written an open letter to the state's attorney here, marilyn mosby, saying they want an independent prosecutor to take over. they want a special independent investigation and prosecutor to helm this process from here on in because clearly there is a disconnect and divide between the narrative of the police and prosecutor? >> that's pretty much expected from any police union across the country. they're certainly going to respond to their own police constituents. however, at the end of the day of all this, ashleigh, i think what is importance here, is the fact that community has probably received what it felt it needed to in what they felt was fair. however there's still a judicial process that still has to take place and that will take place going forward. but for the union to take a stand for the people that's not
unusual and that community and i'm quite sure that prosecutor there, miss mosby, will also make the proper decision as to whether she should stay in the role she's in or goes to a special prosecutor which i doubt will happen. >> and then mark o'mara. >> this is the first time i've heard of a police asking for a special prosecutor. >> go ahead, ashleigh. >> that's a good point to make, lisa. mark o'mara, if you can run down for me the narrative of the state's attorney, is that the driver of the van really bears the utmost responsibility in this alleged crime in the way that he didn't allegedly check and administer appropriate medical attention, after the checks, six different times, he didn't administer, didn't help this person and instead placed him face down, head first, cuffed and leg ironed in the van and continued to go about the various different stops. do you see that as a case that's easy to make or is that a
complicated case with a number of different scenes that all need to be investigated by a number of witnesses? >> it's going to be quite complicated to prove but what she's done is focused on the cops' responsibility to treat him properly and failure to do so and that begins with -- >> unfortunately i've lost our live signal. my apologieses. i have to say good-bye to my guests. we have so much fluid moment right now in our coverage here in baltimore. i will thank lisa bloom and cedric alexander and mark o'mara and turn you over as well now. wolf blitzer starts right now. hello, i'm wolf blitzer reporting from washington and welcome our viewers from the united states and around the world. >> this is cnn breaking news. >> and let's begin with the breaking