tv The Kelly File FOX News April 28, 2015 9:00pm-10:01pm PDT
ainsley and then of course our friends on fox and friends will get you started in the morning we'll have continuing coverage throughout the night. on fox news channel. eric sean takes over. have a great night. >> thank you, sean this, is a fox news alert. the curfew now appears to be holding. 2000 national guard troops and a thousand police officers as we've been reporting on the streets of baltimore. that curfew started two hours ago. 10:00 p.m eastern time running for five more hours, until 5:00 this morning. maryland governor also said combined force will not tolerate violence or looting. today protestors were mostly peaceful. but tempers have been flaring since the sun went down. bricks thrown at police. injuring at least one police
officer. some are also hurling bottles at police as they tried to disperse the crowd. after the curfew went into affect, police responded to that crowd and firing pepper spray and pellets at the crowd. yesterday arriving and injured 20 officers, one critically. police say 200 adults, 34 juveniles have been arrested during this issue z the rioting, 150 cars were burned. so far, we have not seen that type of violence thankfully tonight. baltimore commission commissioner warning people about obeying curfew saying no one should be on the streets after 10:00 p.m . unless they're going to work or have a medical emergency. protests have remained peaceful for a week until yesterday, that is when riots broke out, violence, beginning just hours after freddie gray's funeral. he that 25-year-old young man
died after being severely injured while in police custody. joining us now from the streets of baltimore is rick levinthal. we have to say now, as of this moment, just after midnight good people of baltimore should be commended for taking their city back from thugs, from looters and criminals. they used the tragedy for lawlessness we've seen. what is it like? what are you forecast for the rest of the night? >> it is much quieter. the national guard just arrived a convoy of humvees just rolled through and making a right turn there. they'll be staging here now the national guard, according to city police at the corner of north and pennsylvania which has been the scene of several arrests tonight. you mentioned water bottles and rocks being thrown. and then we saw these police
others are disturbing the situation. national guard troops here walking up the sidewalk. maryland national guard on the scene with local and state police from the region including new jersey state police interest has been a lot of talk perhaps boots on the ground that is one of the reasons why things were better today there is a stronger presence. a stronger message being sent by the officers and security here in baltimore. waits time to calm down. and many community leaders and church leaders were here encouraging people to obey curfew, not to try to create violence in the streets we haven't seen any, eric. it's been a different situation today and tonight than yesterday.
you mentioned 150 cars burned, 15 businesses burned. and a lot of police officers attacked with rocks and bricks and objects. >> we've seen protestors and what about residents? what have they said? >> people are upset. we talked to several people who said they understood anger and why people are reacting the way they did because they had been unhappy for a longtime. and now, i talked to a couple guys here tonight told me they're planning to violate the
curfew because they were angry and wanted their voices to be heard. and they were heard. they began to disperse. to credit of the people in baltimore and law enforcement waits calm. you see now, they're retreating back to a staging area there. there is no need to form a line there anymore because there is virtually no one left out here which is a good thing. >> is there a sense from there that the message has been sent? and received from both sides? . i think so. but there is still a lot of anger here. there is a lot a lot of work to be done. that is what we're hearing from civic leaders is that this is far from over. and the situation has to be improved. >> may one, baltimore police department said they'll announce
results of the investigation of freddie gray's investigation. in baltimore, what do you think will happen then? is there more of a dialogue? and this could rev up by the end of the week? >> there is a possibility if no criminal charges are filed that there would be more violent reaction in the community. and we don't know what happened to freddie gray before he was taken into custody. whether he was beaten and whether the injuries he suffered were before after, or both. supposedly they're interviewing and talking to everyone that needs to be talked to get the
facts in this case. and we'll find out friday. that is going to perhaps dictate what happens on the streets friday and into the weekend. >> yes. and do you have a sense this will hold for the rest of the evening? what you're seeing there? quiet in the streets. perhaps watching the news. that this will hold for the rest of the evening? >> we hope so. you know. there is school again, tomorrow so presumably kids are in bed we've just seen armored vehicles heading down the street. it's a big city. we don't know what's happening in every corner. there could be pockets of violence and people up to no good. we saw that last night. so in this area we saw a lot of fires last night. and a lot of civil disobedience we're not seeing it tonight, eric. >> that is a good thing. we can be thankful for that. rick good to see you.
thank you for reporting as always. and we'll check in with you later on this evening. also mike tobin is on the streets and has been reporting all night. mike do you have a similar situation where you are? >> yes. likely similar. i can tell you is that we looked back at state troopers and national guardsmen there. you can notice their relaxed posture. they seem to be in a pose they think the worst is over. what we saw some of them do you have a long line of officers in the gear and they sent about 3, 4 out ahead with lighter gear. some with a nonlethal weaponry. and pockets of kids are just encouraged to go. they shooed them on the way. they got the streets cleared. so knew you're looking at office yefrs on the back
streets. you see kids out here. you see them they've taken up position here on the back streets. these areas are clear. so if you get the police officers, they're clearing them all over. hopefully, they won't start trouble later on tonight. >> we saw the start of the day, school started we saw this wonderful act today. with people cleaning up glass, cleaning up damage. taking it upon themselves to take their city back. >> it's remarkable. we saw that in ferguson and here people making a statement in word and deed. you saw people clearing away the crowd that was out there
demonstrating. encouraging them gently to go home. trying to avoid conflict. so we saw a good bit of that. we saw that from religious leaders encouraging parents to get kids in the house, know where they are by the time the curfew came around. so a lot of people pill puling together to make this situation better here. >> we saw that remarkable mother slapping her son, trying to get the hoody off of him. what do you think will happen tomorrow and rest of the week? do you think the peace will hold? >> it is a tough call. you see a little bit of tear gas
came out. mostly smoke. officers used tactics for intimidation with a show of force. and bh you've got one individual with four police officers on top of him or another one of those ugly scenes short answer is that it's anyone's guess as to whether troublemakers are going to wake up in the morning or come back out and intent on starting trouble. >> thank you, and we hope this will hold tonight. >> the curfew appears to be holding. peace in baltimore largely.
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children are supposed to be inside. the mayor of baltimore has come under criticism for her handling of these events. on saturday, she spoke publicly saying she was given the protestors room to destroy in order to strike the right balance between those who wanted to be peaceful and others. she then came out last night and claimed that she had never said that and was having her words twisted by the media. here are the two statements. >> we try to make sure that they were protected from the cars and the other things that were going on we also gave those who wished to destroy space to do that as well. and we work very hard to -- to keep that balance. >> i never said nor would i ever say that we are giving people space to destroy our city. so my words should not be twisted. >> joining us now, brit hume.
brit nobody twisted her words. she said that. so, you know, that's just -- she said it. now she may not have meant it. but that wasn't how she came after it. now she's under criticism for saying that in the first place and handling this crisis in the second place for the same reason which is she didn't want another ferguson on her hands. >> that's what i think. the contrast in the early stages here between happened in ferguson and how the police responded and what happened here could not be more stark. in ferguson you may recall when the trouble started, the police came in heavy with the tactical vehicles and the heavily armed police weapons at the ready and the rest of it. and you remember all the criticism of the militarization of america's police departments and all the questions were raised about how the military sells too much gear to the police. it was thought that was provocative and a major cause of the violence that we saw in ferguson. here it seems the authorities
were determined not to repeat that. in the early going, night before last and again last night they came in light. they stayed back. you heard in addition to what the mayor said that you played, and look, i don't doubt that she intended to say something other than what she said. but what she said described exactly what she did. she talked about deescalating. she talked about best practices. >> striking the right balance. >> we saw repeated instances in which the police where were the trouble was and they back away. repeatedly they backed away. these were some pretty violent kids on those streets and they were committing crimes, assaulting police officers. >> that's been represented before. that cannot be true because i listened to that presser from the police. they said at that one mall they didn't want to go after these kids because they were kids. that doesn't explain what we saw
throughout the city of baltimore last night. there were 250 arrests, 90% of which were of adults. there were pockets where we saw them setting residential homes ablaze and the cops stood by. it wasn't all 15-year-olds. >> we had a particularly vivid episode where on the street corner where the police were up close and face to face with the protestors. and at the urging of city council members they backed away. they came back later. you kept hearing about how they were -- they were present -- you could see they were present, and yet the liquor store was looted and burned. the convenience store was looted totally looted and the police stood by and did nothing. this was how they decided to handle this because they didn't want a repeat of ferguson. the belief was what was done in ferguson didn't work very well. clearly this didn't work very
well either. >> is there an underlying assumption that the police are out to do harm? many there believe tonight these cops who are actual human beings that they're out to hurt this community and that they are the ones who need to be controlled, not the criminals? >> there is tremendous -- obviously tremendous an tipthy toward the police. we were given to believe post-ferguson was the problem there was the police department was predominantly white and the community was predominantly black. here's a police department that's predominantly black. the mayor is black. the police chief is black and the rest of it. and, your honor, the entire city council is -- not the entire -- >> vast majority. >> so this is basically a black-run city and a predominantly black city. so the skin color of the
authorities doesn't seem to make a difference based on these two cases. the other thing is that the amount of crime that is commit and the number of suspects arrested in baltimore in the black community is way out of proportion to their size within the community. they commit most of the crime, they -- they are most of the victims. and they are most of those arrested. in a situation like that where you have these inner city pathologies of crime and drugs and the rest of it the police presence is bound to be something that everybody's aware of. it is not at all unexpected that there would be tension. >> the mayor said the council that was supposed to examine what happened in ferguson. it may be that the mayors on that council came to the conclusion that you have to let the protestors burn things down. >> well, i think that the theory seems to be based from what we can sort of extract from what
they say and have done is that they're trying to keep something even worse from happening, that the violence could be even intensified. i'm sure they're on pins and needles tonight waiting for 10:00 to roll around to see what affect that house. whether that will work. one hopes it will. i certainly hope for. i live not far from baltimore and once worked over there. you hate to see a great city like that undergoing this horrible experience. >> you do see many citizens out there tonight trying to stand up for their city and for peace and condemning the thuggery. we saw pictures of a little boy handing out water to the cops little african-american boy handing out water to the cops. the problem is the law abiding citizens are probably going to go home in about 40 minutes and not everybody there is going to obey this curfew. >> that's the worry that you have. and the hope is of course that
the size of the police presence will be enough to suppress this with minimal vie leps and damage. certainly something to hope for. the president came out tonight -- this afternoon, i should say and said some sensible things about the criminals who were doing criminal things. the president also did something that he often does when it comes to discussing the pathologies of the inner city neighborhoods. he tends to gloss over the responsibility that the people living there may have. he speaks of the drugs in those communities and a big part of the life there and the crime as if these are things that sort of happened to these people and bear no responsibility for them. she was obviously a law-abiding person. when it came time to discussing the police and relationship with the police she just went off. what she said i thought was almost entirely incoherent. it's a lot of what you're hearing from the other people in that neighborhood over there.
>> we're going to have a panel cers on president obama's remarks coming up. brit thank you so much. that's up next and also that mom, that mom excellent looking below the surface, researching a hunch... and making a decision you are type e*. time for a change of menu. research and invest from any website. with e*trade's browser trading. e*trade. opportunity is everywhere. (music) boys? stop less. go more. the passat tdi clean diesel with up to 814 hwy miles per tank.
city on monday night, here's some pictures i just mentioned. this young boy handing police bottles of water. good for him. and these men lining up to protect their protectors. and then there is this video that's gone viral of a mother sending her son home after catching him at a violent protest and she saw him throwing bottles at police she said. we have her story. trace? >> baltimore police keep saying the tone tonight is different. that earlier they could feel the anger begin to dissipate a bit. one day later, there was certainly a visible push to clean things up to replace the march of appearingry protestors with the march of music and dancing. the question now is will it hold. there was a voice of reason that went viral. a mother who says she saw a crowd throwing objects at police
and then she took a closer look at that crowd. listen. >> lo and behold i turn around and look in this crowd and my son is actually coming across the street with this hoodie on and a mask. at that point, i just lost it. he gave me eye contact. and at that point, not even thinking about cameras or anything like that -- that's my only son. and at the end of the day, i don't want him to be a freddie gray. but to stand up there and vandalize police officers that's not justice. that's not what -- you know, i'm a single mom. i have six children. and i just choose not to live like that no more. and i don't want that for him. >> she says she was shocked and angry and her initial reaction was to get her son to safety
albeit with a few lumps along the way. she says she has to provide for her family and she can't always be there to make sure her children make the right decisions, but she can certainly make an impression. >> you can make that phone call, get home. get home right now. at the end of the day, they're going to make their own decision. we have to follow through to make sure. is he the perfect boy? no he's not. but he's mine. i'm just grateful that i was able to get him home. we sat back and watched the news and everything. he has facebook friends and everybody making comments saying you shouldn't be mad at your mother you should give her a hug. i just hope, i'm not sure but i hope that he understands the seriousness of what was going on last night. >> the 16-year-old boy told his mom when he first saw her his instinct was to run because he
knows she has a zero-tolerance policy. he also knows that running would have made matters a lot worse. the nation clearly agreed calling her mother of the year. >> good for her. good for her. that young man probably has a future ahead of him because he has a mother who's involved and who cares and is trying despite difficult circumstances. it's a lesson for everyone out there, which is listen to your mother. today president obama spoke about the riots in baltimore. first finding fault with the protestors. then raising questions about the police. three very accomplished cops join us live with their reaction. >> there's some bad politicians who are corrupt. there are folks in the business community or on wall street who don't do the r unbelievable! toenail fungus? seriously? smash it with jublia! jublia is a prescription medicine proven to treat toenail fungus.
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breaking tonight, live pictures on the ground in baltimore with less than 30 minutes to go until a complete curfew takes effect in that city. leland? >> reporter: megan, you get a sense of the amount of fire power the police have brought out here. this is very different than yesterday. reinforced riot lines and a lot of extra riot police. the guys yesterday were tired. they also have these. these are the bear cats.
they have the ones on the ride lines, hardened swat vehicles they have some on standby. they were pelting these things with locker liquor bottles yesterday. at least two police heldicopters right now. that gives the officers a real advantage to see what's happening on the ground a be directed by their comrades up in the their. the police horses are now here op the grouped in baltimore. >> thank you. meantime our law enforcement panel is here. david clark, sergeant ed mullins, and retired major ed franklin who spent more than three decades in the baltimore police department. thank you all for being here. let's start with president obama's remarks today where he did talk about these protestors being criminals, the ones who turn to violence and yet had
some thoughts on the police as well. listen. >> i think it's going to be important for organizations like the fraternal order of police and other police unions and organizations to acknowledge that this is not good for police. we have to own up to the fact that occasionally there are going to be problems here just as there are in every other occupation. there's some bad politicians who are corrupt. there are folks in the business community or on wall street who don't do the right thing. well there's some police who aren't doing the right thing. >> you've been a critic of president obama, but do you take issue with his remarks there? >> it's a mixed message as we always get from him. he mentioned that we all need to do soul searching. i think he needs to do some
sourl searching about failed policies have that prolonged the misery in the american ghetto. this is lifestyle choices. these are flawed lifestyle choices people make like dropping out of school like failing to stay employed like having kids out of wedlock. those are behavior changes that go on in these american ghettos if we're going to see a change. >> that may be true but the thing that got this started was the death of freddie gray who has a very long rap sheet. had been arrested and convicted many many times. he ran. he wound up dead. and we don't know why. and the president's point, today he said it seems like we're having one of these having with the young african-american man and the police every week. >> interestingly that he would say that. last year statistics had more males -- whites that were killed
by police than african-americans. so no one's talking about that. i got to agree with sheriff clark that the issue lies far deeper than what is taking place between the police and the community. this is about education. this is about a willingness to move a community forward. the community we're talking about right here is african-american community run by an african-american mayor, police chief and a 50% african-american police department. >> uh-huh. >> so the president didn't talk anything about that. he talks about, you know failure in a lot of organizations. we got failure in the white house too and he doesn't talk about that either. >> major franklin what about that? one of the problems with ferguson was it was this largely white police force in a city that was ma majority minority. no such imbalance lance in baltimore and yet, how do you get to the place of this is about racism which has been a charge levelled today? >> well, first of all, this isn't so much about racism.
this is about police and community and the problems that we have among police and community. let me begin with i love my profession and i do everything that i can every day to improve the professionalism among the ranks not just here in baltimore and across this nation. number one, we have a criminal justice system that has some serious problems some systemic issues that deal with race not so much the individual police departments and officers. in baltimore here what's happening and what has happened with the death of freddie gray and how it occurred is not just about baltimore. it's about every major city across this nation. and the problems that we do have in policing. >> but is it a problem in policing -- is it a problem in policing or does it start with -- with a segment of the population in some of these cities that is committing crime? i mean freddie gray had a very
long rap sheet. >> sure. there's no doubt about that. i kind of reject that notion that the criminal justice system is racist. look blacks are overrepresented in terms of their involvement in crime, and that's why they're overrepresented in the criminal justice system. the criminal justice system is run -- it's not prosecutors or judges. look for someone to suggest that they have racist intent i reject that out of hand as well. our criminal justice system may not be perfect, but it's the best one in the world. and i believe that justice is blind. if we start looking at criminal justice decisions based on race that's when we're going to have a problem. >> you look at baltimore and the status of the african-americans who live there and it's down right depressing. what is it that's holding them down? if it's not systemic racism, what is it?
>> look we have -- you can go back in history. and law enforcement has always had problems with race in this country. our criminal justice system has been the same way. and we have never resolved those issues. people know me and i speak to one part of this systemic problem which is our drug laws in this country. we know that the drug war doesn't work. we know how it affects different demographics of people. and not just in race not just black and brown people, but poor people. so it's also a class issue. if we know that the war on drugs which is really a war on people does not work why haven't we moved in a direction to change these policies to work on these policies? we know that blacks are arrested at higher rates in this country for virtually the same crimes. they are prosecuted at higher rates and they receive longer sentences than our white counterparts. >> give me the last word on that. he's speaking to the
frustrations that go way back. >> i understand the frustrations. what he's not saying who reports the crime. it's the victim who reports the crime. the police don't go out to decide to lock up male blacks or whites because they're in the mood to do that. in the case of you have a black communicate that is reporting the crimes. who should we be arresting if that's the case? >> i mean -- if there's a real question about what's happening on the streets there tonight, as the police officer said to leland i cannot protect you out there, if i arrest anyone i will incite a riot. which leads to questions about what will happen there tonight. thank you all. we are now getting reports of looting, plus other reports of people trying to throw objects through store windows. we'll speak to the attorney representing the family of freddie we were below the 88th southern parallel. we had traveled for over 850 miles. my men driven nearly mad from
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gray suffered multiple injuries including a crushed voicebox and a broken neck and died within a week. mary cook is the attorney for the family of freddie gray. thank you for being here. let's start with this. >> thank you for having me. >> it looks bad and even some of the police officials have acknowledged that. but is it possible that this was an accident that he died by accident? >> you know i don't -- since the arrest was intentional and the take -- i don't know anything about the full takedown because we haven't seen any video of the full takedown chl the description that he was given that he was folded like origami. obviously when he was taken to the van, he was not moving his legs. he was crying out in pain. and no medical assistance was rendered. i can't say at what point because we haven't seen the medical examiner's report but i would have to say that at some
point, you know either there was -- there was -- at some point an intentional withholding of medical care. >> they seemed to have agreed with that thus far although the police union has pushed back. one of the questions -- i ask you this as a lawyer. one of the questions people have been saying why wouldn't somebody have been charged by now. that's one of the beeves the protestors have. is it possible to charge this case when you know some defense lawyer is going to get up there and say it was an accident they don't have any proof, how can they prove that the police did something to this man other than at one point he was fine and ultimately his vertebrae were severed? >> well, the way that you charge it is that you collect the evidence. and so that's one of the things that we haven't seen yet. so what we know is that first of all, a lot of the evidence is going to be forensic and a lot of the things we're going to learn is going to be from the body of freddie gray, how his
injuries occurred is going to answer one of the questions. we don't know what the transmissions were between the police officers. we don't know what kind of videotape if any the police department has. freddie gray at different points along the transport. we don't know what the paramedics saw when they opened up that wagon and rendered aid to freddie that evening. so we don't have those questions. we don't have the knife that was allegedly recovered from freddie gray. so you know, all of that information is going to have to go to the -- probably in this case to the states attorney and the justice department is also looking -- that goes to the united states attorney. >> you guys may learn more on friday. the public's not going to learn more on friday. i just want to ask you, freddie's family they don't want this protesting -- the violent protesting correct? >> that's absolutely correct. they want it to be peaceful. they want it to honor their son's memory. >> people need to listen to that. >> and they want everyone to
expect and they want answers to why he died. >> hopefully we will get them. mary thank you for being here. >> thank you. up next the let's fallout after last night's devastation in baltimore. will the rioters who exploited what had been a peaceful protest, looted stores set fire to homes, burned cars, threw cement blocks at firefighters vandalized firefighter's hoses, tried to burn down a there is an ancient
restless depths of human hearts... [♪] the voice of the wild within. live pictures of the protests under way in baltimore at this hour. we just received reports a moment ago that a group is throwing rocks and bricks at police officers and that at least one officer is injured. the city's curfew is about to go
into effect. city officials want to avoid the chaos and destruction we saw last night, as we saw lootings we saw folks burning cars attacking the police. we've seen this happen on tv. but will we see these folks be brought to justice. mike eiglarsh will we? >> we've had problems during times in hurricanes. unless there's video evidence unfortunately, you're not going to have these other people coming into court to testify that someone in the neighborhood stole a bottle of vodka from the neighborhood liquor store. we should prosecute them. >> there is videotaped evidence of the looters. and of people stabbing a fire hose as firefighters were trying to put out a fire. >> those people should be prosecuted absolutely. if there's prove beyond a reasonable doubt, make the arrest. >> look at them go. that's one. they're trying to put out the fire at the cvs.
one guy will come up and stab another hole in this hose. >> you've got to identify him, though. >> you tell me whether the cops are going to be able to go after these guys. will justice be done? look. >> i wish. i mean i want them to. if someone can identify them willing to stand out and say, i'll go into court and identify those people there must be identity of each person and it must be sufficient evidence. unfortunately again, i'm a realist, lots of times these cases go nowhere. >> what about flowing bricks at police officers' heads? the violence done to the 15 cops yesterday? >> that violence will require the same amount of diligence from prosecutors to bring those people to justice if they can find thome, and if they can identify them. >> look it's very clear. >> i don't know who that person is in that video. somebody's going to have to step up and say who this person is. at this point, we have a city
where people are out of control, emotions are running wild. and officers are trying to bring it under control. we have members of the community who have stepped up and done the right thing. the overwhelming majority of folks have to peacefully and as you highlighted earlier in your segment, they're members of the community trying to bridge the divide between the police department and those who are angry and want answers for freddie gray. >> the people who hijacked what was a peaceful protest. >> absolutely. >> that could have gotten more attention. >> also -- >> there's a -- >> they're risking their lives and putting themselves in harm's way unnecessarily over crimes or incidents that are not necessarily endangering human life at that point. >> let me just say this. looters are not protesters. people who commit acts of violence they're not protesters exercising their first amendment rights of free speech. those people should be prosecuted if there's sufficient proof to arrest them. >> that's right.
that's exactly what president obama himself said today. thank you both very much for being here. we're listening to the police scanners tonight. they say the arrests will be at the discretion of the ground commanders that they'll be reasonable about it and give warnings. it will be up to the supervisors on the ground. they do not wish to inflame tensions and we're now four minutes away. ut it. tylenol was ok, but it was 6 pills a day. but aleve is just 2 pills all day.
the curfew in baltimore is about to kick in. tell me whether you think that folks will abide by it. thank you for watching. i'm megyn kelly. our coverage continues now with "hannity." the curfew so far is holding in baltimore. officials there say the city is safe. hello, everyone i'm eric. >> and i'm jackie. 2,000 national guard troops and 1,000 police officers are on the streets of baltimore enforcing that curfew that started three hours ago at 10:00 p.m. it runs until 5:00 in morning. we have about four more hours there on that curfew. maryland governor who says the combined forces quote, will not tolerate violence or looting, and so far, the city's police commissioners say there were ten arrests last night. you're looking at some of that video from l