tv Shepard Smith Reporting FOX News December 15, 2015 12:00pm-1:01pm PST
dreaming of a white christmas? this map from noaa shows upstate, idaho, you'll likely see snow but maybe not this year. stay tuned. thank for being part of "the real story." i'm gretchen. here's shep. was the l.a. threat legit? >> i want every school searched so make sure it is safe. >> was that the right thing to do? this hour, we're digging deeper to find out why the officials in los angeles took this so seriously when officials in new york said essentially we're blowing it off. >> we do believe preliminary investigation that this is, in fact, a hoax. and investigated as such. >> this is, in fact, a hoax. the commissioner of new york says one particular clue was a big giveaway and there were others. so did los angeles overreact this morning? >> it is very easy in hindsight
to criticize a decision based on results that the decider could never have known. >> ahead, we'll look at all the facts as we know them. including everything we have about the e-mail, actually threatened, including talk about gunmen, nerve gas, pressure cooker bombs. let's get to it. now "shepard smith reporting" live from the fox news desk. >> first from the fox news deck a tale of at least who cities, two threats of terror and two very different responses. both los angeles and new york city targets of an e-mail threat to blow up schools, lots of schools. while los angeles canceled classes at more than 1,000 schools, officials in new york called the entire thing a hoax and dismissed it. according to people who've read the e-mail, it claimed to be from a jihadist and promised to set off bombs in backpacks at schools and in packages. officials with the los angeles school district say they traced the e-mail to an i.p. address in germany and they called the threat, quote, credible, unquote. but fbi sources tell fox news the feds saw the e-mail threat
and decided it was not credible. long before l.a.'s decision to cancel classes. and school officials in new york city have classes going on as planned. school letting out in new york about now because it's 3:00. the nypd commissioner bill bratton used to be the police chief in los angeles. he says closing the schools is giving in to fear. >> it appears as of this time that the school system out there acted on their own without consultation with local law enforcement authorities and my understanding is they may have shut down their schools for the day. we see no need whatsoever to take that action here in new york city. you hear me constantly, the mayor and i talk about being aware, but not living in fear. these types of things are intended to create fear. >> now we're getting specifics about the e-mail. according to the reporting of "the associated press" the one to los angeles that said the writer and -- well, this is the one to new york actually. the one to new york said 138
comrades and he would attack the schools. "the students at every school in new york city school district will be massacred mercilessly. and there's nothing you can do to stop it." again, this is the me-mail to nw york. we don't know if it's the same wording in the e-mail that threatened the l.a. schools. we may find out in a moment. that city is already on edge obviously less than two weeks after the terror attack in nearby san bernardino, it is part of los angeles, greater los angeles, make no mistake. it's the inland edmpire from there, less than an hour's drive from downtown. school superintendent says that shooting rampage was a part of his decision to close the schools. this afternoon he was on the defensive and said he's not willing to take any chances. >> we are doing everything possible to make sure that children are safe, but that also students and parents understand that the precautions we are taking are done in a calming way. >> precautions are taken,
closing schools in a calming way. the question is when new york and the feds had the information and dismissed it as a hoax, were they contacted? did los angeles decide, was it a one-man decision? and not to be, you know, an armchair quarterback here, but the question is, should the evidence, should what they had taken them in a different direction or did they do the best thing? it matters. team fox coverage now. catherine working the intelligence angle. laura ingle live in new york with the response in the big city. we start with trace gallagher in los angeles. what more do we know, trace, about the specifics of the threat? >> reporter: we do know, shep, we believe both new york and los angeles did get the very same e-mail. there might have been some minor changes but for all intents and purposes we believe it was the exact same. superintendent ramone cortines says the l.a. unified school district gets many threats a year but this was particularly credible. it talked about backpacks,
packages and explosives and mentioned not one but several schools. he was very concerned because of the recent san bernardino attacks although very early on authorities knew there was no connection to san bernardino. those who have read the e-mails say the threat was made by a self-described muslim extremist who misspelled allah, used a pornographic reference and made highly unrealistic claims. though law enforcement strongly disagreed with closing the schools, during the news conference there was a unified front. listen. >> some people, the superintendent in this case, had to make a decision that effects everybody andt this city's children and another 100,000 of his own employees and i think it's irresponsible to criticize a decision-maker when may make a decision based on totality of information and following their heart and belief. >> campus police are in the process of checking more than
1,000 l.a. unified campuses. shep? >> trace, for clarity, was this a committee decision or a decision of one and, further, if there's one decider, did that decider consult with authorities, with the fbi, maybe with any other school districts? >> well, l.a. unified is a very big and very autonomous school district. it is the second largest employer in los angeles county. the district has its own police force and the school board and the superintendent make all of the decisions. now, former l.a. mayor antoifouo bring the school board under the control of the mayor's office. for a short time he did. in the end the school district fought back and regained its authority. in new york the superintendent or chancellor, as it's called, cannot close down the schools without approval from the mayor and police commissioner, but here in los angeles, shep, the superintendent has the final say on what happens within the 1,000-plus schools in the l.a. unified school district.
>> so at the end of all of this, the person who said, yes, close them, or no, keep them open, that's the commissioner. >> that's the superintendent. the superintendent of l.a. unified school district along with the board has all the power. they are the ones that say yes or no to closing the schools. the police, we're told the police force was asked to weigh in, but the decision was made before the police force actually got back to the school district. >> trace gallagher, thanks. for clarity, the decider was the superintendent of schools. the superintendent of schools did not hear from los angeles police prior to making this decision. did not hear anything according to the reporting of trace gallagher and further, the fbi reports it did not weigh in on this decision, either. for more on the threat behind this shutdown let's bring in chief intelligence correspondent in washington. >> a u.s. government official tells fox news the feds are always gathering their own
intelligence streams and there was nothing this morning that suggested a specific and credible threat to the los angeles school system. that said, the secretary of homeland security jeh johnson is monitoring the situation in l.a. as it develops and the locals are in the lead because there's nothing immediately tieing it back to international terrorism. investigators are also taking a hard look at this account said to be overseas that sent the message to determine if, in fact, it is foreign and the other accounts that are associated with that message, shep. >> catherine, thank you very much. as we reported, los angeles public schools shut down for the day after someone e-mailed a threat. congressman brad sherman has read that e-mail. he's a democrat who represents the san fernando valley and senior member of the foreign affairs committee and former chairman of the subcommittee on terrorism. congressman sherman joins us live from the cannon house office building on capitol hill. congressman, good afternoon and thank you. >> good to be with you. >> according to what we've learned, "the l.a. times" reports the threat involved explosive devices, pressure cookers, assault rifles,
pistols. the person claimed to be a muslim extremiisextremist. they've been investigating this since 10:00 last night. can you confirm those things? >> i can confirm everything except the exact hour when they started investigating. >> you've read the e-mail. it's been characterized to us as one by the new york city police department as one that shows no knowledge of islam and no specifics that would lead people to believe this was an islamic extremist. from what you've read, what was your conclusion? >> well, there's no knowledge of islam reflected as there is in most isis and al qaeda pronouncements. it does use the word, allah, several times. in one case, not capitalizing the word allah. so you would expect that an extremist muslim or devout muslim would make that -- would be careful as they type the word allah. perhaps the most telling thing is that it's from a particular
address and that address includes a pornographic reference to a body part. again, not consistent with devout or extremist islam. that being said, this e-mail is more specific than the one sent to new york and there are reasons for the l.a. school board to have acted one way and new york to have acted another way. >> oh, good. help me understand what those reasons are, thank you. >> and, you know, it may not be major but at least it's an element, and that is there's a correct reference to the l.a. unified school district in this e-mail. i'm told that the new york e-mail misdescribes the school system there. so the person who wrote this e-mail at least has some passing familiarity with how schools are organized in los angeles. >> i see. congressman sherman in new york, as i'm sure you've read, authorities have given to "the
associated press" access to the new york e-mail and it is said, according to "the associated press," every new york city school will be attacked by pressure cookers, bomb, nerve gas agents, machine pistols and pistols. was there similar language in los angeles? >> yes, and this e-mail for los angeles, the author claims to have 32 accomplices. 32 jihadists who will join with him today, tuesday. that lacks some credibility, but just because there are elements in the e-mail that may not be credible does not mean the entire e-mail is false. and that is why the school district had to make the decision that it made. >> you mentioned 32 comrades, or 32 accomplices in the los angeles letter. the one to new york, according to "the soerassociated press" s it would be the writer and 138 comrades to carry it out that students in every school would be massacred mercilesmercilessl. similar language in los angeles? >> there's -- the los angeles
e-mail's a little bit more credible than that in that it claims 32 which already is not credible but doesn't claim over 100. think that jihadists could organize 32 accomplices, let alone 100, without any higher security alert at the federal level would be surprising. so it sounds like the new york e-mail was considerably less credible than the l.a. e-mail. >> the fbi says it was not contacted prior to the closure of schools. the city -- the city police department in los angeles, the lapd, had not responded yet to requests before the closure of the schools. as a congressman in california, would it be your recommendation for a school superintendent to receive counsel from law enforcement on the federal and/or local level prior to making a decision of this magnitude? >> i think you seek the input but you have to make the decision at a particular time.
it's the school officials who know when do the schools open, when are parents already bringing their kids, when do the school buses roll. and so you get as much information as you can right up until the time you have to make the decision, but then you make the decision. i do not -- i don't know if you can wait for lapd to get back to you. i think you'd reach out to the fbi, but, again, if they can't respond before you have to make the decision, you still have to make the decision. >> of course, every action has consequences, in this case, to go through them all would be almost impossible. that 7 00,000 students and the teachers and staff that go along with them would not have class today. parents would have to figure out what to do with those children. it would be happening around 7:00 in the morning. those things are complicating matters. as you look back on this over the past six hours of this, is it your sense now, it sounds like it, that correct decisions were made based on the
information that the superintendent had? >> it's not my decision, and i don't even have all the information about how the school operates. it is very easy for me to say, well, now that we know that similar e-mails were sent to new york and perhaps other places, and that the new york e-mails were considerably less credible than the l.a. e-mail, i have much lower blood pressure now than i would have had i been on the school board and received this e-mail. >> our audience has learned a lot along with me today, congressman, from you, because you've read the e-mail in los angeles. and your assessment that being able to compare the two, new york and los angeles, that your assessment is the los angeles one is much more credible than the one deemed incredible in new york is information of great value and for that i thank you. >> thank you very much. >> should that e-mail be released to the public? if not, why not? >> i think it, perhaps, should be released because the new york
one has been released, but i think that's a call to be made by the officials in los angeles. particularly the school board. >> and if asked, your council would be yes to release it, with sunshine as a disinfectant, or otherwise? >> i don't see a reason not to release it, but i would want to consult with a number of law enforcement authorities before releasing one are two of the details that are in it. >> congressman brad sherman, member of the foreign affairs committee, former chairman of the subcommittee on terrorism, and with us from washington. sir, thank withdryou very much. >> thank you. >> there's much more to learn, obviously. we just learned a lot, but there's a lot more to come after this. i accept i'm not the rower i used to be.. i even accept i have a higher risk of stroke due to afib,
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you may have heard a moment ago congressman brad sherman read the e-mail which precipitated the shutdown of l.a. schools. congressman sherman says the threat to new york city schools appeared less credible than that which triggered the action in los angeles. team fox coverage continues. laura ingle in our new york newsroom. laura, different places. thousands of miles apart. now we know different threats and different threat assessment. >> that's right. things are looking a lot different here. schools have opened. kids have been in class. law enforcement and city leaders still working here, though, to keep teachers, parents and students calm. just a short while ago, new york city mayor bill de blasio called those e-mail threats to new york city so generic, so outlandish they couldn't be taken seriously. here's what some schools in the city look like today. business as usual. the new york city public school system is the largest public
school system in the country serving approximately 1 million students in over 1,800 schools in new york city and its 5 boroughs. los angeles and new york city schools have different requirements when it comes to consulting with law enforcement and city leaders. you heard trace gallagher talk about that. before anybody can make such wide-sweeping decisions to shut down an entire district. at a news conference today may year de blasio said new york city schools are safe and would have been a huge disservice to close them. new york police commissioner bill bratton believes the e-mail threat was a hoax and the l.a. school district went too far giving the person or group who sent the e-mail too much power. >> to disrupt the daily schedules of half a million schoolchildren, their parents, daycare, buses, based on an anonymous e-mail without consultation, if, in fact, consultation did not occur with law enforcement authorities, i think it was a significant overreaction. >> well, bratton says the person
who wrote the e-mail made so many errors it was clear the person was a prankster at least in the new york case, shep. >> the police commissioner in new york says that the e-mails' writer sounded to him like a than of the tv show "homeland." >> yeah, he said there were a lot of similarities between the threat and some of the last few shows starring actress claire dans. listen. >> in reviewing it, i think the initiator, the instigator of the threat may be a "homeland" fan basically watching "homeland" episodes. it mirrors a lot of recent episodes on "homeland." >> also nypd intelligence sources scrutinize the e-mail calling it a very generic piece of writing. shep? >> laura, thanks. think of this. bill bratton was in los angeles, started its anti-terror program along with another man who's also in new york. while in los angeles. and now to hear this bicoastal sort of back and forth, well, it's interesting to see. ahead, how the fbi investigates these sorts of threats and figures out whether they're legitimate or hoekaxes and whetr
to take the chance one way or the other because each action, closing schools or leaving them open, each has potential consequences. i'll speak with a man who led all of the borough's counterterrorism investigations live, next. in panama, which is a city of roughly 2 million people, we are having 5,000 new cars being sold every month. this is a very big problem for us with respect to fast and efficient transportation. it's kind of a losing proposition to keep going this way. we are trying to tackle the problem with several different modes. one of them is the brand new metro. we had a modest forecast: 110,000 passengers per day in the first line. we are already over 200,000. our collaboration with citi has been very important from the very beginning. citi was our biggest supporter and our only private bank.
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a law enforcement source now tells fox news that los angeles authorities did not consult the fbi about the threat they received before closing public schools today. the reuters news agency was first to report that information. however, the l.a. police chief says officials did consult with the feds. and he says it is irresponsible for anyone to criticize the decision to shut down the schools. steve pomerants at one time
oversaw all the counterterrorism investigations. thank you. "the l.a. times" is reporting authorities in los angeles have been investigating this threat since at least 10:00 p.m. pacific time yesterday. so, my next question to someone in the know would be, well, did did they ask the lapd to weigh in on this, when did they ask the fbi to weigh in on this? because the officials in los angeles say the lapd had not weighed in when at 7:00 a.m. pacific time today they made a decision to shut down all the schools. that seems like a lot of time. >> yeah. and i, of course, don't know whether they the fbi or not but certainly one would think they should have. >> how would the fbi weigh in on this matter? >> well, the fbi would -- presumably had the intelligence. i would be surprised if they didn't. the fbi would have tried to make some estimation of the credibility of the threat and would have shared that conclusion with the local authorities. my understanding is, and i -- i don't know -- most recent reporting is the fbi did that and told them that the threat
was not credible. at some point in time during the night, they did pass that on to the local authorities that the threat was not credible. and that does not -- that's doesn't change the fact that the local authorities are free to make their own decision, but my understanding is they were told the threat was not credible. >> of course, every decision has consequence, no matter what it is, no matter what walk of life, and a decision not to close them has certain consequences. decision to close them as consequences. well, given that, the fbi weighs that set of consequences, right? >> correct. look, i not only am sympathetic, i'm empathetic. back when i was chief of counterterrorism, it was my responsibility, i suspect now in the government it's at a higher level, but back in my day it was my decision as to whether you pass this threat information on. how -- so we made judgments about credibility, we weighed the information. we talked about where it came from. the credibility of that source. how specific it was. all kinds of factors. and became my decision as to whether to pass that on. and i can tell you those were
some of the hardest, most difficult decisions i ever made, fully understanding the consequences of making a bad decision not passing something along and then god forbid the worst occurs. there's no recovering from that. so these are -- i have sympathy and empathy for the officials in los angeles, and i also -- you have to factor in, shep, factor in what happened in san bernardino. they're human beings. they're affected by what happens to them. they try to make the best decision they can. in this instance, especially if the fbi told them the information was not credible, i would second guess their decision, but, again, i'm very sympathetic to them. >> well, we always have tomorrow, and then we have the next day. and similar credible or incredible threats that are sure to come. is there a danger that closing down schools and creating a news cycle of this creates dangers for locals that didn't exist in
the absence of this decision? >> sure. i mean, it opens up the door to people -- it sounds like this was not a legitimate terrorist threat, so you have maybe an inappropriate word, but pranksters doing this. of course, you encourage more of the same. it's the same issue we see over and over again in do you pay ransom? all these kinds of decisions. do you trade prisoners? all these decisions have consequences, and making the wrong one, either way, has serious consequences. it's a very, very difficult position to be in. >> is there a great amount to be learned from the finding and communicating with the people who -- the people or person who created this e-mail? >> oh, yeah. i mean, obviously the ultimate goal should be prosecuting the person that sent this e-mail. i can assure you there will be an effort by the fbi and others as well to find who did it.
this is a criminal violation, making this kind of a terrorist threat. a very serious criminal violation. and i'm sure that will be pursued and the best outcome will to be identify that person, take action, see that the person's incarcerated. that's your best deterrent against this kind of thing. >> mr. pomerantz with us, former chief of counterterrorism. good to see you. thank you. >> good to see you. >> continuing coverage of the report eed threat that prompted the shutdown of l.a. schools. we'll talk to a reporter in los angeles. plus a new coalition of countries to fight the islamic state. this coalition led by saudi arabia. but it's not fighting just the islamic state. the rest of the story is important and that's coming as we approach the bottom of the hour in the top of the news from fox news channel. the best of everything is even better during red lobster's ultimate seafood celebration. with jazzed up new dishes like the decadent grand seafood feast and the ultimate wood-grilled feast why wait to celebrate? so hurry in, it ends soon.
city after a judge ordered him to jail for missing a trial date. prosecutor eventually tackled him in the hallway. >> the courthouse is a lot like being in a wild west again. you just never know what's going to happen. howard stern is sticking with sirius xm. signed a new deal with the satellite radio company keeping his show there on howard 100 for another 5 years. and he'll start doing the show on video. no word on how much money he's getting. you can also hear fox news on sirius xm. and a man is facing possible prison time for insulting a dog. that's because it happens to be the king of thailand's dog. the military took power last year and has been cracking down on people who insult the monarchy. that apparently includes the royal pet. insulting the dog. thanks so much.
campus in indianapolis. schools and employees are warned to take shelter and lock the door. i'll show you what we know. this is a map of the area. this is the position from which the gunman was seen running. this is 700 blake street. on google here is listed as some apartments at any rate. indiana avenue running toward this campus. here's the campus, itself. a baseball stadium here. again, this is indianapolis, indiana university, purdue university campus there. it's a mouthful, but it's a sort of two campuses in one. i can show you here in bat nine what it is they've been sending out to students. and that is this warning. iu pui alert, a subject with a gun has been reported running toward campus from 700 blake. take shelter. lock the door. that sort of thing. and some tweets also. i think this is where the tweets are. and it is not. that's the location of it all. anyway, it happened in indianapolis. a suspect with a gun running toward the campus there from the
700 block of blake street. if you're in that campus area, trust your instincts. take shelter. in the nearest available room. lock the door if possible. according to authorities on scene, remain in place until police or campus administrator known to you gives the all clear. again, this gunman report at indiana university and we will bring you the details. and here's a picture of the scene. some pictures that are just coming in. this is outside the building where it all started it my understanding at 700 blake. at any rate, these are reports. . these sorts of things seem to happen daily. when a campus institution sends out a warning like this, it's incumbent to report what we know. i've just done that. should we get more on any of this, i'll bring it to you right away. there's word investigators started looking into the los angeles school threat around 10:00 last night los angeles times. or los angeles time, pacific time. that's according to the reporting of "the l.a. times" newspaper.
as we reported, law enforcement sources traced the bomb threat to an i.p. address in germany. but no word of any significant progress. one parent who has two kids in the los angeles district now says that she's concerned about her kids feeling safe in class and that it's absolutely terrifying, of course it is. her name is lupida veya who says her daughter is in the third grade and her son is a high school senior. she was one of the thousands of parents who got an automatic call this morning, an automated call, informing her that her kids' schools were closed today following what officials called a credible bomb threat. christopher weber joins me now. he's been covering the developments on this story for "the associated press" and is in los angeles. anything new to report? >> just that the schools are still closed, that the shutdown was for the entire day, and there's no word yet on what's going to happen tomorrow. >> we're expecting updates, like, hourly, right? >> i think, yeah, at the very least, sometimes half hourly.
>> first of all, the fbi said we weren't consulted then the school superintendent said, oh, we talked to the fbi. there's a disconnect there. do you have anything concrete? >> i don't know what the fbi was told. this -- the threat came -- ramone cortinas, superintendent of l.a. schools got the threat before 5:00 a.m. this morning and he's the one who made the decision i guess right away to shut down the schools then the robo calls started going out shortly thereafter. >> you mention eed the man in charge. just so that our viewers have some background, context on this, his last -- he'd been involved, or in charge there for a little more than a year. his last full day on the job was actually friday of last week and he had had sort of, you know, f for rent signs outside his office. the 83-year-old was technically retired as of friday, no?
>> not only that, this is not his first stint. he served previously as superintendent. he came back to help out and clear some things up and i think he was ready to go. when he showed up at the press conferences today, was wearing a sweatshirt and baseball hat. he did look ready for retirement. >> stay with me. stay, please. there is breaking news now on fox news channel. this into us in the last five seconds. house intelligence committee member now says that the los angeles school threat is now believed to be a hoax. brad, it's how it has been shaking up for a while now. he was our guest in los angeles. christopher weber, it's what this has been looking like for a while. >> yeah. i mean, it's important to keep in mind that the same threat went to schools in new york and other cities and they were determined to be threats there. of course, officials here, you know, said we're going to, you know, determine what the threat is on our own basis. >> congressman brad sherman of
california said on the air a little while ago the los angeles e-mail was different. he's urging them to release that e-mail or did so on our air. we'll see what happens with that. i'm sure it's not a matter of second guessing as much as for parents and people in the los angeles area and beyond, to make a decision about whether the decision that was taken was in the best interest of the people who were affected by it because each decision, one to act and one not to act, each has consequences in and of itself. >> yeah, and the parents that we're talking to, you know, everyone is saying, you know, if that's the problem, we need to shut down the schools. so there's not a lot of second guessing among parents. but, you know, they're realizing they're going to have to have a very long, important, big discussions with their children now and, you know, and the parents, themselves, are very scared. >> all right. well, it's very nice to talk to you, christopher weber with "the associated press" in los angeles. again, the breaking news just coming into us from los angeles, once again, house committee
member has just told "associated press" that los angeles school threat is now officially believed to be a hoax. "associated press" is alerting this across all of its platforms. you're probably getting it on your phone now. the question is how to react to this and what this decision taken today means for tomorrow and the next day and next week and next month. for not only l.a. school system but for school systems across the nation because there is no question these threats do come in. they come in according to new york officials mostly on a daily basis. each one is evaluated on its own and whatever decision you make affects the lives of hundreds of thousands, sometimes millions of people. and that decision will have an effect on the next decision that's made. and so often authorities tell us when a bomb threat is called in of this kind, when this sort of thing happens, it makes people more hesitant to make these decisions in the future. the reason the breaking news alert thing keeps going off is because we do have breaking news on another matter. that is from the reuters news
agency that the jury in baltimore, it is deadlocked in the trial of the police officer charged in the death of freddie gr gray. fox news confirms this as well. we have -- the judge has sent the jury back to deliberate, but the word that the judge has just gotten in the trial of the first police officer, first of six to be put on trial in connection with the death of freddie gray, is that the jury has deadlocked. the jury sent word to the judge, we are deadlocked, we cannot reach a decision on this. judge has instead admonished them to go back in the deliberation room, continue the deliberations in an attempt to come up with this -- an attempt to come up with a decision. the fact of the matter is they have not. remember, freddie gray was in police custody, was being taken away by police in baltimore on what was described by many as questionable circumstances. freddie gray requested at some point medical assistance. it was not granted. he was in the back of a police
vehicle and being taken from one place to another. was not seat belted in. and his death by damage to his spine was, according to the medical examiner, a result of the fact that he was not seat belted in. the question in baltimore had been whether this first of six trials for police officers, how it would go down. we can tell you that authorities in baltimore are on alert, if you will. leave and vacation have been eliminated during this period while this trial has been ongoing. and now within quay tell you that the jury is deadlocked. the judge has asked them to go back in and continue to deliberate. and there's one m breaking news. when it rains, it pours. more on the breaking news out of indianapolis. local reports now indicate a gunman near indiana university purdue university may have been robbing someone. the reported sighting of a gunman at the school warning students to take shelter. according to the local nbc
station there, a man reported that a man with a gun took his wallet and his cell phone and then took off running in the general direction of this campus. and that's apparently when somebody spotted the gunman, set off this alert. one person who's a witness says here comes a man with a gun running toward the campus. alerts the campus. the campus tells people to shelter in place and be very careful. not to go outside. but in fact, this all began with a man being robbed by a man with a gun. two separate instances seen by different people in different ways as all of us are on heightened alert across america. the thing that all of us need to know, as freddie gray's deliberations apparently now continue and baltimore is on alert, as los angeles is in a high state of alert as it has been since the inland empire attack in san bernardino, and now with this activity in indianapolis, be calm and carry on. for anything else is counterproductive. and we'll be right back.
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breaking news now. bu10 i'm hoping. breaking news from reuters. we've just been given an update from the courthouse there from reuters. the jury in the freddie gray trial, return it, please. the jury in the freddie gray trial has sent a note to the judge informing the court the panel is now deadlocked. officer william porter is charged with involuntary manslaughter, second-degree assault, reckless endangerment, and misconduct in office over freddie gray's death of a broken neck in april. he's one of six police officers charged in the death of freddie gray. a charge came back the judge telling the jury please go back in and continue to deliberate. leland is live on scene now and has been covering this. can you give us more details? actually, we're working to get leland plugged in at this moment. again, this is breaking even as we speak. you'll remember back in april, this was a story of great interest in baltimore. a prosecutor came out and said
there would definitely be justice. now six police officers being tried. the baltimore police department put all its people on notice saying vacations are postponed for the moment, that authorities will be on standby for the eventuality of any rioting or any trouble on the streets. i say this only because there was great trouble on the streetses in baltimore after this incident and subsequent videotapes, some of which you're looking at now. this is some of the video from those. police were, they were widely condemned, in some circuits by some, how this was conducted. city leadership had been chastised by many and supported by others which is so often the case. the city of baltimore, at least the area in which this happened, these were dark days and certainly there have been concerns about what would happen as the trials went forward. again, this is first of six. trace gallagher with us as we
wait to get leland hooked up from the courthouse. this notice from the jury they are deadlocked, we don't know on which of those counts they are deadlocked. could be all. could be one. we don't know. >> right, but the judge instructed the jury, shep, that if -- yesterday when they began deliberation deliberations, that if they want to prosecuted, if they want to find him guilty, this is officer william porter on the most serious charge which is involuntary manslaughter, that they could not do it just because he made a bad move or accidentally failed to get freddie gray some help. the judge gave them instructions saying that they had to do this because officer porter had evil motive, bad faith and not honestly, which means he did this with the full intent of actually hurting freddie gray. so late last night the jury came back and they asked for clarification, and the judge would not give them clarification for those definitions that he asked for. shep? >> all right, trace. thanks very much. i want to go to the courthouse now and leland vittert is red
for us. what's happening there? >> reporter: shep, the big question is we don't know what's happening. that's part of the problem. we have no idea what's going on inside of that jury room, and there's definitely a tense feeling here in this city as they await what the verdict might be. important to keep in-minute jury got this case yesterday afternoon, so they have been deliberating for between seven and eight house, and in that time they have asked for a lot of things, some things the judge was willing to give them, among them candy, speakers for a xirtd and also other radio calls and those kinds of things. others things he was not willing to give them transcripts and new definitions and further explanations of some of these charges. it was important to understand also the breakdown of this jury. you have eight blacks, four whites on this jury. what role that's playing, we don't know, but you can imagine a case where you could have one hold one, 1 in 11 and so long as this verdict is not unanimous this jury cannot come back and
as you reported already the judge said, thank you, i've gotten your note that says you're deadlocked, go back and keep talking. how long that goes on, we have no idea. judge williams in the courtroom has been very kurt and very -- has been very tough and very curt with the attorneys. what's interesting to note is every time this happens and every time there's an issue like what we saw yesterday when it came out the baltimore schools sent out a letter to students talking about how they want to be involved in any kind of civil disturbances and those kinds of things, letters to parents, every time the defense pops up and says we want a mistrial, this is proof we can't have a fair trial here in baltimore, they have been saying that all along, so how that plays into this and the possibility of an appeal, if officer william porter is convicted, will all be something that the defense is looking very closely at. >> leland vittert on scene, back
to him as news warrants. important to note according to the associated press and others the police have stationed armored vehicles around portions of the city in anticipation of a verdict. deliberations have began on for two days for a total of nine hours and now presume blitt foreperson sent a note to the judge saying we are deadlocked. the judge with a charge to please continue deliberate. for guidance we turn to our senior judicial analyst judge napolitano. is this open-ended? >> as far as the jury is concerned. it basically is a very, very aggressive. you have a duty under the law to come to a decision. you should not be pushed around in the jury room, but you should evaluate the evidence. if you have to go back to the beginning and re-evaluate the evidence, do it. we want you to come up with a decision now. it's not fair to the defendant. it's not fair to the state to have to go through this again. sometimes it works. sometimes it doesn't work. you won't find out what the breakdown is among the 12 of
them, if ever, unless the judge decides to poll them. i myself have gone into jury room and gone face to face with jurors. i don't know how you voted on this, but i know how important this case is to the defendant and to the state. i want you to start all over and re-evaluate the evidence. sometimes it works and sometimes it doesn't. >> the jury can get a rerun, an example of anything that happened in court but anything that hasn't happened during the course of the proceedings they can't get anything new. >> they can't get anything new. they can have testimony read to them. they can have videotapes played for them, but they can't hear testimony again, and they can't ask any new questions. they can ask questions of each other, challenge each other which is what the allen charge is intended to induce them to do. >> okay. if the jury -- the jury is now what, six minutes till 4:00 in baltimore. >> right. >> the jury yesterday was allowed to go at 5:00. if at 5:00 today or at some point in the future the jury is deemed to be hopelessly
deadlocked what, happens then? >> i think the judge will declare a mistrial. i don't think a judge would send a jury home, that is, where they are not sequestered where they can watch the news and listen to commentary and read newspapers while they are still in a deadlocked state so he can keep them for however long he wants. >> tonight. >> tonight, or he can keep them until he is determined that they are hopelessly deadlocked, in which case he declares a mistrial and the government has to decide whether or not they want to trite defendant again. >> than would have repercussions on the other trials? >> yes, it would, shep, because they are already saddled with six trials. the government wanted one trial, would have been for the government's advantage if they could have tried all six of them at once, but having to do the first one twice sends a very, very distressing signal to the government about the other five. >> and the -- the prosecution at its discretion could decide not to try this again. >> very unusual, but they have that discretion.
>> and it to be difficult in this climate in baltimore without question. >> correct, a lot of political pressure for a conviction and all the other five defendants, all cops, waiting in the wings. >> judge andrew napolitano, thank you. another breaking news update. a warning of a gunman near the campus of indiana university, purdue university in indianapolis, reported that the local nbc station is reporting it appears to have been an armed robbery. now, police are telling us that there is no gunman on campus and that that robbery happened near, not on campus, as we reported. they tell us the university sent out the warning to be on the safe side. so when this robbery happened, the gunman apparently ran towards this university campus. the university campus was made -- was made known this, and then warned students to stay in place. now, the authorities are saying fear not. of course, it's nothing but fear across los angeles as they have shut down the city's schools in wake of what was deemed to be a credible terrorist threat is now, according to a congressman in los angeles, deemed not
credible and instead a hoax just as it was in new york city and potentially beyond. not as a matter of second guessing but as a matter of deciding what will happen next, neil cavuto will have continuing coverage starting right after this. ♪meow, meow, meow, meow... it's more than just a meal, it's meow mix mealtime. with great taste and 100% complete nutrition, it's the only one cats ask for by name. his day of coaching begins with knee pain, when... this is brad. hey brad, wanna trade the all day relief of two aleve for six tylenol? what's the catch? there's no catch. you want me to give up my two aleve for six tylenol? no. for my knee pain, nothing beats my aleve.
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a hoax, a big fat old hoax. imagine now after the fact learning that in los angeles a school system that was facing we were told such a credible threat from such a reliable and worrisome indicator, that the superintendent there desaid the to do something extremely unusual, at least precedent-breaking in this country, for the country's second largest school system to be emptied out. 640,000 students from kgtd right through 12th grade, some 900 schools, 187 public charter schools covering some 720 square miles and all apparently based on something that didn't make sense.