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tv   Legal View With Ashleigh Banfield  CNN  November 30, 2015 9:00am-10:01am PST

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have more to say about it between now and election day. we believe that a lot of people are going to like what he has to say, and again, we made the endorsement, and we think that he is the best president and the best nominee for the republican party, and we don't make predictions. that is up to the voters. >> grant fosse, thank you very much. "legal view" with ashleigh "legal view" with ashleigh banfield starts right now. -- captions by vitac -- an urgent warn ing from the u.s. embassy in afghanistan, americans are on alert after kred canable reports of an imminent -- credible reports of an imminent attack on kabul in the coming hours. closer to home, the university of chicago abruptly canceling classes and warning everyone to stay indoors or stay away after fbi counter terrorism
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officials uncover and online threat of gun violence. >> and in colorado, the man accused of killing three people and wounding nine more at a planned parenthood clinic may have been planning a much bigger massacre. robert lewis dear due in court today. hello, everyone. i'm ashleigh banfield and welcome the legal view. we will begin this hour in baltimore. eight months after an arrest now deemed legal leading to the death that can boast the first officer charged in the freddie gray case will go on trial. william porter is standing accused of manslaughter, second degree assault, and reckless endangerment, and misconduct in office for actions occurring after freddie gray was arrested and before he arrived at the western district police station. the complicated process of jury selection began in earn est thi
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morning and a process that is due to be repeat and no fewer than five different times as the fellow officers will all go on trial in succession after him. my colleague jean casarez is live in baltimore and joining us live. i can't wait to hear what some of the questions in voir dire are going to be like, and you are there to see who the prospective jurors are who are as semabled. give me a feel for the situation and the process. >> such an important day today, ashleigh, because the trial has begun for william porter, the police officer in baltimore. we know that in the courthouse behind me on the fourth floor, there are 75 potential jurors. 45 of them african-american, and 33 white, and one hispanic, and one east indian and all of them know about the case. every single one of othem, and all of them know about the civil settlement, $6.4 million given
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to the family of freddie gray several months ago. out of 75 potential jurors, 35 of them have been convicted, incarcerated or are facing current charges, and 26 of the total have very strong feelings about this case, and my colleague miguel marquez is in the courtroom. there were some protesters earlier in the day, and he said it was very clear as a potential jurors are being seated in the cou courtroom they all could hear the protesters saying all night, all day, we will fight for freddie gray. and the question now, can a fair and impartial jury be found right here in baltimore. >> reporter: when 25-year-old freddie gray was picked up by baltimore police on the morning of april 12th, it was captured on cell phone video. >> y'all are dragging him like that! >> reporter: handcuffed and place on his stomach, the o
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officers physically dragged him to the police van. shortly after depart iing they said that he acted irate, and they stopped where eyewitnesses saw mr. gray kicking the inner door and agres gresively shaking the van, and mr. gray was taken out and then replaced into the van with flexi cuffs on the wrist and shackles on the ankles and head first. prosecutors say that is when he sufficie suffered a severe and critical neck injury. but the prosecutor mosley says -- >> no time was he violated. >> reporter: he asked for a medic, but the arresting officers failed to get him medical attention. after arriving at the police station, he was take oen the university of math math trauma
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s center, but he died from injuries. a federal investigation was launch and the state police were brought in as protests erupted all over the city. >> all dnight, all day, we will fight for freddie gray. >> reporter: shortly after, the city of baltimore became burned. the businesses were looted and burned as the city was under siege. the national guard was called in and a ker fcurfew was put in pl and then on the 30th, the death was ruled a homicide and the state launched criminal charges gamest each of the officers. >> while each of the officers are innocent until proven
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guilty, with have brought the following charges. >> reporter: they will face assault, misconduct in office and manslaughter. but the attorneys for the six officers are arguing they cannot get a fair trial after the city approved a $6.4 million settlement for freddie gray's family in september. >> thank you, jean casarez reports live at the courthouse. i'm joined by attorney bill murphy who is joining us live. those protesters are gather sog close to the courthouse that they could be heard insooide of the courtroom. i wonder if you have a concern about that, and if the judge might take some action to move those protesters and bar them within a vicinity where they can't affect the process. the concern is that do you think that it could have an impact on the fair process? >> no, i don't i think it will v have any impact at all, because these kinds can of protests are very common.
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they often can be heard from the outside-in. they have never been a problem in selecting a jury before. now, of course, it can be argued that this is an unusual case, but all of the jurors have been exposed to probably all kinds of news media about how this the city feels about this case. so there is nothing new in the protests. they don't certainly rise to level of any intimidation. so i am not concerned. >> yeah, and there is always a concern when jurors, and potential jurors are arriving to a courthouse and going through a throng of protesters, i have said that you can find a jury for anybody who if you can find a jury for o.j. simpson, and there was not a person who had not heard something about that case, and they seated a jury, but in this case, there is nobody in balt omore who has not been affected by this.
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maybe they knew somebody out marching or affected by the march in lockdown or curfew and these are not usual circumstances and not like casey anthony where you heard a lot of the media about the case, but there is a direct emotional reaction to being a part of something like that, and is that a concern to the process? >> no. what we need to remember is that the riot was confined to a very narrow area of baltimore and it is easy to determine in the voir dire if anybody was in that affected ar area. 99% of the city was affected, and that is where the bulk of the jurors are coming from. so there are many people who are not personally affected in the sense that you say. so i'm not worried about that either. that is what the voir dire process is all about. some of the people are going to be none the less fair and impartial jurors because the test is whether they can set aside their opinions, and base
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their verdict solely on the evidence e presented and the law as instructed. and so, this is not an unushl common thing. and the demonstrations in the michael jackson case. there were demonstrations in the o.j. simpson case. jurors who were exposed to the same level of public concern and outrage, and so i don't see any significant difference here except for the people who lived in the affected area, and that would be a lit areal bit different. >> and i am suhurna the voir die will cover that extensively. at the time that i collected the research, and came up to the set to get ready for the program, every single person who had been questioned and at this time i can't tell you if it is still the case, but they were aware of the settlement, and they were all aware of the multi million dollar settlement that the city did before the criminal trials.
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i don't have to explain to someone of your stature that is something very unusual. typically the civil issues are settled after the criminal issues so as not to affect that the process, and you have to be concerned that the statistic that the every one of the prospective jurors knows that the city thought something was enough wrong to pay freddie's family? >> on the other hand the burden of proof in a criminal case is proof beyond a reasonable doubt, and in a civil case it is a preponderance of the evidence. and the judge will be addressing that in the voir dire so that the potential jurors can answer that properly that they can base a verdict based on the law, and that is the standard test, and
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the judge has the ability to determine the credibility of each one of the jurors in their answers. and likewise in the chambers, there is a limited amount of examination by the lawyers so they can have an attempt to ferret out any bias that is implicit or explicit. under these circumstances, i don't believe it is particularly unusual in terms of the potential impact that anything can have on a jury in a case as serious as this. as far as a fair and impartial jury can be selected. >> and there is nothing that we want more is that fairness be for all parties involved. and the first officer to go to trial is william porter, a black defendant, and one of three black defendants in the case, and the other three are white or hispanic, and i'm curious, because there is so much made about race in this particular
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case, do you think that it was a strategic move or strictly the e logistics that brought him to trial first, and do you think that this will have an impact on the other trials, the fact that an african-american is being tried first in the success of six? >> well, the fact that an african-american is tried first will have minimal impact. the result of the trial can have some impact. of course, there needs to be a separate voir dire on that. and if he is acquitted, there will be with polls if that acquittal has any impact on them or should have any impact rather than the evidence and the law as instructed. likewise, if there is a conviction, it is the same drill. and again, the judge will have to make the final determination as to each juror about whether or not they can set aside any concerns they ma have about the civil settlement or anything else.
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and the questioning is rather straight forward and standard and it is up to the judge to decide the extent to which the voir dire has revealed any evidence that the jury might be, the juror might be unfair in assess i assessing the case. so i don't see anything radically unusual about this. i am sure that the voir dire is going to be successfully arrived at by a voir dire vetted by the judge to be fair and impartial. >> well, you an open invitation to be on the program any day, and i value your time and judgment, attorney murphy. >> thank you. it is a pleasure to be here. >> and thank you. up next, has the most wanted man slipped away to syria. we are tracking salah abdeslam, and we are uncovering more plots
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big headlines to report on the war on terror and threats around the world. the u.s. embassy in kabul says it has received credible reports of an imminent attack in the afghan capital. the threat for a possible attack to happen in the next 48 hours, and there are few other details than that. like targets or timing or the method of the planned attack, but the united states department of state is saying that the the security situation there is quote extremely unstable, and that the threat to all u.s. citizens in afghanistan remains critical. moving over to paris are where we are finding out that the terrorists responsible for the
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phrfrench attack had others planned. they had network and also within schools. and there are intelligence that salah abdeslam is long gone and may have gone to syria. police believe that he bought the detonators in france before the attacks. and this just in, the street of the bataclan concert hall has reopened and we have new video revealing damage from the deadly attack. there are bullet holes that can be seen outside. there is shattered glass and a glimpse of the terrifying events that unfolded inside of that horrifying attack hall. cnn senior international correspondent jim bittermann joining me live now from paris. jim, can you expand more on the attacks ready to go, and not just in the planning stage, but ready to go against the jewish schools, and the transport network, and the jewish areas,
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and the transport networks in the area, and what do we know about that? >> well, it is a lille bit of hearsay, ashleigh, and in fact, basically that the cousin of the ringleader who was killed in the shootout with the police, the cousin of the ringleader, and she was also killed in the shootout basically told one of her friends that they were planning other attacks. that is where it comes from, and the other attacks included what you said jewish targets and transport systems and schools, and how far along those plans were, it is anyone's guess, but clearly this group had a lot of means in terms of carrying out their attacks. and the one thing that you mentioned earlier that we did find out today about abdeslam, and salah abdeslam who is wanted now, and the police have been hunting him for more than two weeks is that basically he had a bought detonators, ten of them
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for the suicide vests at a fireworks store north of paris, and the store manager came forward after he saw the wanted posters for him, and reported to the police that he had come in and bought the detonators, and so the police have some things to go on, but the trail has kind of gone cold which is leading to the sup position that he may hae already escaped the net, and be out in syria or somewhere else out in the middle east. >> we will talk to one of the ter terror es experts about that very soon. jim bittermann in paris reporting for us. thank you. here the threat of gun violence has closed down the university of chicago campus. we will have the details of what they know, and who sent it in, and what government bodies are going after the person responsible for that threat.
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i'm there for ray.sie. ted loved baseball. dr. phil likes to watch football. renne, who wants sloppy joe on the menu every day. rosie's my best friend. evelyn likes to dance. harriett wants her fried shrimp as well. alice anne likes vanilla ice cream with chocolate syrup and rainbow sprinkles. they give me so much back. i can't even imagine how i could possibly give them what they give me.
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the university of chicago's main campus has been closed all due to the threat of gun violence. students around the hyde park area as well as the faculty have been told to stay inside. this after and online threat was posted, and the threat was to the campus quad. the fbi has released this statement saying, quote, upon learning of a possible threat, we shared with law enforcement, and university officials as is the practice. they go on the say that decision to cancel classes was made by the university. our investigation to determine the source of the online threat is ongoing. cnn national correspondent ryan young is live right now at the campus in chicago. i'm always curious the hear that the investigation the find the person behind this threat is ongoing. are they any closer to finding out who did this and if it is really serious? >> well sh, you know, that is t major question here, but any
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time you see a major campus like this shutdown, you have to obviously understand they are taking this seriously, and in fact, if you look behind my shoulder here, you can see some of the security officers in place. this campus should be bustling right now, but so far, it is very quiet. we haven't seen any students in the area, and in fact, we are standing in the area, the quad which was highlighted in that e-mail about 10:30 that shooter said that attack would happen, and so we are in the area, and haven't seen anything, and we have seen what appears to be university officials moving around and also some police officers not only from the l.a. police department, but through the university driving around in pairs, and looking around. and so far, the good news here, we have not seen anything. and about the investigation, everybody wants to know who made that threat, and what is going on, and we know that the investigation is still ongoing, and nothing about that has been released as of yet, but it is leaving people with questions of what will happen next, including faculty members. >> i mean, i was surprised, but maybe one becomes so sort of
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used to this unfortunately that like it didn't sort of freak me out. i just thought, oh, well, i will have to cancel office hours and whatever else i had planned. you have to react to what they felt was best which is good, because if there is a threat, people should stay away. >> ashleigh, those of us who live main the chicago area know that hyde park is the area where the obamas used to call home, and the home is still near here, but as you look at the campus, and how empty and eerie it is, you can know that the the investigation is being taken seriously. some students who are still on the campus are told to stay insi inside, and the campus is going to be closed until midnight, and re-evaluate what happens next. ashleigh. >> all of this a few weeks from the exams during the holidays, and the scene behind you is bizarre, ryan. thank you for bringing that to us, and keep us posted if they
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find the source of that threat. i want to move to kabul, afghanistan, right now, and talk about that, but also, paris, france, and you have heard about chicago, illinois, and no shortage of the terrorist threats right now, and whether it is isis or a disturbed individual makes for a very unholiday-like season. our security analyst and cnn analyst bob baer, i want to ask you about the reporting in the last hour of the terror suspect in france. now the theory they are working on is that he may be gone, may be in syria by now. i wanted to ask your opinion on somethi something, and does that make him more dangerous now that he has carte blanche to move around the country freely or put him straight into the eyes off all of the dirty intelligence officers that we hope are operating under the brand-new and robust coalition in syria? >> well, ashleigh, if he has made it back to syria, he is
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probably pretty safe. we are not running a whole lot of operations in the isis territory or northern iraq. so it is difficult to get to him. and if in fact, he got away, and i will tell you what it tells me is that there is some underground railway for the jihadists, and that is what the paris attack has told us, get in, and hit a target and then back to syria safely. >> if in fact he is there. >> if in fact he is there, yes. >> and what about the notion that we have not seen any go pro video or any of the kinds of things that we would have expected from the terrorists like this who are young and media savvy, and we knew that the go pro cameras were found in some of the sites where the raids were conducted and yet nothing yet, bob, online, and you know it is their holy grail, and u you know that is what they do, they do the terror attack,
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and continue to terrorize by making people after raid of the images they see afterwards. >> well, they don't have a fixed operating manual. sometimes they use the go pro or sometimes depend on the people of the street to film the whole thing with the iphone cameras, and they don't care. a lot of the operations are very ad hoc. the islamic state as i look at it it is a franchise, and if somebody wants to wear swear allegiance to it, and conduct the an attack, they will help provide as sis tabs. the unlikely the situation, the more they will fly under the radar of security. all they want to nknow is to teach the people how to make explosives and improvised device, and where to get the arms from the black arms market. >> well, the the last guy who was really reckless and showed a lot of the bravado in the online presence was jihadi john who had
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a target paint ed on him from above and he is now dead. that is the operating thinking at this point, which makes me w wonder if this e jihadist, salah abdeslam knows better than to trumpet what he thinks are successes. >> well, if the french catch sight of him, they will kill him and assassinate him no doubt about it. if he is online in raqqah or some place, they will bomb him and kill him. i have no doubt that the french are after him. >> bob baer is joining us live from the telluride, colorado. thank you for your expertise today, appreciate it. coming up next, the horrible act that united both sides of the abortion debate. the suspect in this weekend's planned parenthood slaughter is due in court today, and wait until you hear what he told police after that six-hour standoff. those new glasses?
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the man accused of a deadly rampage at a planned parenthood clinic is due to appear in court just about three hours from now. it is going to be the first appearance for this man. by now you may have heard his name, it is robert lewis dear. colorado recluse who is accused of killing three people and wounding nine others in the siege in colorado springs on friday. police say that mr. dear told them that he was against abortion. the victims, a mother, jennifer markovsky, and iraq war vet van kiara stewart. and officer garrett swasey who
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had trained with one time with nancy kerrigan. >> a true friend and very loyal and loving, and caring person. good listener. he was sort of passionate with everything, and everything was done with a giant smile, and he had fun in life. so sad. he has two young kids who literally run to him every time he comes in the door. >> cnn's stephanie e elam is standing by live in colorado springs. you know, such curiosity about this defendant, and he is about to walk into the court appearance, and walk me through what he is expecting this afternoon. >> well, ashleigh, we understand that it is video uplink, and he is being held here at the el paso criminal justice scenter, and we understand that he is going to be arraigned and held without bond so far. he is goinging the to be learning the charges against
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him, and the district attorney's office has ten days to the amend the charges, add more charges against him based on what happened on friday afternoon here in colorado springs. >> so much of a security presence, is there where you are given the political nature of the ime? >> no. where we are, i would not mess around with everything that is here. but i know that some people who were hurt and injured in the shooting the nine people, and let alone the three people who lost their lives, and the police have not called it a crime against planned parenthood even though everything happened there, they say it will take six or seven days to process the entire crime scene, and figure out that is exactly his target despite the fact that he ment n mentioned things about baby quotes and anti-government sentiments, and anti-abortion sentiments as well. >> thank you, e stephanie elam standing by live. we will come back to you by
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appearance and albeit by video link, but there is some information that we can glean from it. i want to bring in danny iss cevallos and also, i want to say to you, looked just like ted kaczynski, disheveled appearance, and then we learned about the living condition, a trailer out in isolated a earea in colorado and then a shack, a shack in the woods, and that is to me right there brought ted kaczynski to mind. and then i wondered about the kinds of defense that this man would mount. so talk about insanity, because a lot of people wonder right off of the bat, will he have any grounds for that kind of defe e defense? >> well, ashleigh, it is an excellent question, and i did think of the unabomber for sure
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thinking of the similarities of the age and living in a shack, but also, people will be thinking of the aurora shooting case james holmes who tried to bring an insanity defense in colorado, and colorado is interestin interesting, because it is with one of the few states where the prosecution has the burden of proving that he is sane, and legally sane and knew right from wrong at the moment that the crime was committed, and so he is going to be, i am certain, bringing the defense based on the sanity, and i find it hard to believe that since james holmes was not success, the aurora movie theater shooter, and i doubt that he will. >> and danny, the scant look of this case, but he has not made an appearance yet, and cnn learned that he muttered words to the investigating officer about baby parts and
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anti-abortionist, and shot at respond i responding officer, aed on the the layperson, the person, layperson says, the he must have known. >> and you have is honed right in the insanity defense which is often misunderstood, was he aware of the wrongfulness of his actions, and that is not a test of whether you personally believed what you were doing is morally justified, but it is a are you aware that what society deems you are doing is wrong. so if you kill a body and hide it and then run away, you know it is justified, be you does society deem it is wrong? and so if he has made any statements whatsoever to the investiga investigators, those will be shown by the prosecutors that he had some awareness that what he was doing is wrong, and even if
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it is a justification, and anything that he tells the investigators is going to be bad. >> and even the behavior driving 50 mile, and hid and ambushed the people, and killed three people, and his own actions show that he knew what he was doing, and purposeful, and intended the result that he got. >> yes, a real uphill battle, and even again, we know scant facts at this stage, but they are bad factses. and danny and mel robinson, thank you both so much. back to the top story, freddie gray and the first of six police officers who are going to be standing trial successively in a row. in this type of an environment, how do you choose one jury? how do you choose all six juries, impartial juries? we will dig into that with a jury consultant next. e is the be for her she's agreed to give it up. that's today? we'll be with her all day to see how it goes. after the deliveries, i was ok. now the ciabatta is done and the pain is starting again. more pills? seriously? seriously.
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sfli wa . i want to get back to the top story, choosing a jury for a group of police aofficers going on trial for the murder of freddie gray. the police officers are charged with reckless assault, and manslaughter and second-degree murder, and reckless conduct for what he did not do after the lockup following his arrest on april 12th. port earth met up with the van on the third stop when the driver called in for backup. allegedly gray asked at least twice pfor a medic, but neither the driver nor porter responded and neither did they buckle him
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into to a seat belt which might have prevented further injury. i am joined by some help in this jury selection process. an drew, it is often said that the cases are won and lost in jury selection, and this is the day that the jury for the very first defendant are chosen, but it is an extraordinary process in an extraordinary case. what do you think the odds are that they are going to be able to find a proper jury with all of the right appearances, and a fair and impartial look to the community in baltimore when just about everyone is connected to the case? andrew. >> well, it is really difficult, because it is a high publicity case, and any high publicities case is challenging, but in this
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case, we ha had a city under curfew, so 100% of the people in the city is affect ed by the case, and everybody knows about it, and we know that everybody here could have been a arrested if they left the house, and now we are going to be putting those people in the jury pool, and so by definition, everybody knows about it, but the challenge is if they can find people who can put their personal views aside and be neutral and impartial, and i don't know how they are going to do it. >> and josh, the guy that the attorneys employ to sit with them at the defense table or just behind to either give the nod or the nix to those jurors under voir dire, and we have already heard out of the 75 in the pool today that 38 of them, and you know, roughly half of them have some connection to crime, themselves, either a v k victim of crime, investigated by law enforcement, convicted, incarcerated or under pending criminal charges. put yourself on the panel, on
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either side, and tell me what that would say to you today. >> it says to me that this case should absolutely be moved. it is actually as alarming as the recent assaults and murders of young men of color across this country, as alarming as that is, what should be just as alarming is the e erosion of the presumption of innocence across this country and as made manifest by the judge's denial of a change of venue. there couldn't be a more perfect case, a more perfect candidate than a case like this that sparked riots, that the media coverage has been explosive, and what you are seeing here is a judge bending the to political pressure, and instead of upholding the constitution. there is no way, no way to get a fair and impartial jury in baltimore. >> i have to say, i have to just disagree with you only because, and i always come back to o.j.,
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and it seems that all roads lead to o.j., because they found a fair and impartial one in o.j. and casey anthony, and just about every one of the cases that we assume it can't be done. >> i disagree by the way. >> and you are not the only person, and there are people who disagree, and again today, the motion of change of venue was raised, but i can imagine it is going to be raised several more times through the process, but is it going to be an appellant issue, andrew? >> well, before we get to that, the judge didn't deny it. he said that he denied it right now. he wants to see if he can seat this jury. so yes, he did deny it, but he is going to be seeing how the people answer these questions. people are going to to be asked the question. do you know about it? sure. everybody says yes. the follow-up question asked of the jurors, can you put your personal feelgs aside and be neutral and impartial, and if people say yes, they are qualified under the maryland
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law, because we trust the answer answers that people give under the case law, and so, if they can't get a neutral and impartial jury, and people say, no, we can't be neutral and impartial then at that point the judge might consider the change of venue location. >> yes, i have seen it in the process, and up and move or go to the other jurisdiction to do it, and we have to do it six times, so i will invite you, because because there is a lot of feedback as we go through the process of impaneling six different juries. thank you, both. and the hearing of a cop who killed a 17-year-old who is charged with first-degree murder, but it is not keeping the protesters from march iing through the streets and talking about a cover-up. will he get bail?
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in a few moments, the chicago police officer that shot and killed 18-year-old laquan mcdonald is due to have a hearing. at first, the judge ruled that jason van dyke had to stay behind bars, and no bond after being charged with first -degre murder, because the judge wanted to have time to look at the video, and today at 1:00 p.m. eastern and having a look to the series of pictures, he going to be making a ruling. rosa flores, to our expectation, the judge has had the weekend to review the damning video, and maybe other videos, but is there anything else that might happen in the process, rosa? >> well, ashleigh, if the judge watched whether it is local television or national television, he probably already watched the videos, so what we are going to be watching today in court is probably him making a final determination, and let me give you the background here and like i said, jason van dyke
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was charge and killed in the killing of laquan mcdonald last week, and the initial bond hearing happened last week, and the judge denied bond, but he asked about video, and the video at the time had not been released, so he asked for the video. now we have the video for it, a it is very graphic as you know, and it shows laquan mcdonald walking through the street with a knife in his right hand, and then police cruisers were responding to the scene, including jason van dyke. and we know from the court documents that he started to shoot six seconds after he arrived on scene, and started to discharge the weapon 16 time, and according to the autopsy report, he hit laquan mcdonald 16 time, and of course, a lot of controver is si here in the city of chicago because of this, and there were protests through the week and the weekend and of course, the defense attorney in this case saying that his client, that jason van dyke acted in self-defense. ashleigh? >> thank you, rosa flores, live
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for us in chicago, and the judge wanted all unedited videos, and the television is not doing the trick for him and he wanted the real raw material, and rosa is going to be covering that for us. thank you for watching, everyone. wolf starts right now. wolf starts right now. p -- captions by vitac -- hello, i'm wolf blitzer and # 1:00 p.m. here in washington and 8:00 p.m. in raqqah, syria, and wherever you are watching around the world, thank you very much for joining us. we begin with the emergency warning for americans, the em bas si of kabul, afghanistan, have received credible reports of an imminent attack in the city. no word on what the attack might be, but it will happen in the next 48 hours. and now, sources are now telling cnn that other the atac


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