tv Shepard Smith Reporting FOX News August 18, 2016 12:00pm-1:01pm PDT
networks, through a post outside of brazil, and then the special unit for support of tourism began to do their work, you know. and it's already been in the news, that police's work was made very difficult by the lack of information and the little information we were able to obtain from the supposed victims or other sources but it was contradictory from the very beginning. the -- dr. braga's team proceeded and we started getting a little information which began to clarify how the facts indeed occurred. the first information that the police became aware of was of a driver who was driving two young women who were leaving an event, and he heard from these two
young women that -- what is the word to use -- they'd stayed with the swimmers. they'd stayed with the swimmers. and this driver, when he heard the news, he called in the information that he heard from his taxi, and he brought this to the attention of the police unit, and that began to tell us that the athletes -- at least one of them had a motive perhaps to tell a story that was different from the real one. this had not been dissim nateed previously. self measures were taken with looked for images. we collected images.
from closed circuit cameras at the gas station and other places and their arrival at the olympic village, and we began to investigate. the unit for serving citizen is is a unit to -- lee aesop with the citizens and we south people who had the -- sought people with the real version and this perhaps was not a real robbery but but but they entered in contact with the police chief's headquarters. and these individuals who said they had information were reluctant to enter with police because they were concern with retaliation. it took us a while to communicate with the
individuals. these were the security grds who have already been interviewed by the police, and based on their testimony, we began to build the real story of what happened. based on those -- the testimony of those security guards, we started interviewing other witnesses. one of the witnesses just arrived at the unit now and is being interviewed. as i said, this is currently in action. we're still interviewing people. the driver who drove the athletes also has been interviewed. he appeared at the unit. he was interviewed and he confirmed the version that the police thought was probable.
the police detectives were put into action and began to do their work at the gas station, and apparently were able to determine that an act of vandalism had been perpetrate by one or more of the athletes. perhaps dr. braga can givemer details. those are the details we have. but i'll try to diminish the number of questions you have. and try to give as much inflammation as we have. no -- as much information as we have. no questions for the moment, please. at this exact moment, what the police can confirm is there was no robbery in the way i was reported by the athletes. they were not the victim of the criminal facts they described. the police already confirmed this. since there are still
investigations -- ongoing investigation -- market of fact, interviews with two of the athletes. we don't have the complete picture so we can't answer all of your questions. what will -- what crimes will they have to answer for? we can't answer that. why? because we are still trying to conclude our investigation. we have to finish hearing everybody. we need to see what the conduct of each athlete to see if they have any responsibility for those acts. what is the most likely story, the real story, and again, we're still hearing witness testimony and the story can change. so it's already premature to talk about any reap percussions. the athletes left their -- where they were coming from. they went to the gas station.
they went to the bathroom, and on purpose, one or more than one of them -- we're still investigate investigating -- began to commit acts of vandalism in the bathroom at the gas station. breaking mirrors and other equipment. this led to a certain confusion at the gas station, employees of the gas station try to control this situation. the images also show the athletes going back to the cab and trying to leave the location. when the employees noticed what was happening-the security guard tried to convince the cab driver to wait for the police and to not leave the scene.
apparently these facts have been concerned and there's no doubt about them. the athletes did not want to stay and did not want to await the arrival of the police, and meantime a third individual offered to help as an interpreter because the athletes did not speak portuguese, and the third witness is being interviewed or will be soon. and he interpreted -- trying to interpret between the parties. that they had committed acts of vandalism. and that created damage. they offered to pay and did pay
100 -- and a 20-dollar bill to compensate the establish. for the damages. 100 -- plus $20. 100rias and a $20 bill. they left that money for the damages they caused and left the scene before a police vehicle could arrive. the images of the gas station have con femur this version, which also confirms what the witnesses have said. matter of fact one of the athletes has confessed. we confess only when a crime is committed but he was a witness. he gave testimony, and he corroborated the facts i'm sharing with you. he confirmed all of these facts.
which one? they're still being interviewed. just a minute. we agreed i would finish first. i will try to give you as much information to try to limit the number of questions. i will give you the details of the names. i'm trying to help you as much as possible. one has confirmed this version so that's one more element that effectively confirms this version. were there any arms? the images that have been disseminated, plus the witness testimony of the drivers and the security guards, make clear that there was no violence practiced at any moment while they were
not subject to any physical violence or anything that would lead them to believe they were being robbed. no evidence of physical violence. the images show where they are asked to sit down. one of them tries to stan up but even -- stand up but even then there's no evidence of any violence committed against the athletes. so nothing would have justified their notion that they were victims of crimes or robberies or anything of the type. i think that's all i have to say. were any arms brandished? mr. braga, if i have omitted anything, please feel free and then we'll ask questions. please raise your hands. only when mr. braga finishes. >> your description was very detailed. it's pretty much -- you pretty
much exhausted everything we have to say. so, please raise your hands. let's start with the ladies. >> was an arm ever brandished? why would they have invented this version? you asked three questions. asked you to ask one question each but your question might be at questions. was an armed pointed at them? yes. dr. braga reported according to
the security guards they said because one of them was very upset, the witness -- we just became aware that one of them was extremely upset, so if there was a use of an arm it was to contain them. there was never obviously fired but the answer is, yes. the second question? the first version, the police had no information and it was contradictory information. the first thing that emerged was that the girls through their testimony there was a motive. so if this polite had a relationship which he doesn't want to be disseminated abroad he has a motive to hide when we know he has a relationship outside -- this is not -- this
is simply a suspicion when we became aware of this. the driver brought information he herd. this was never disseminated. now it's disemanated to create a narrative. the third question? the police went to the location. we don't have the complete report, so i can't answer yet. we have to wait the response from the military police, but preliminarily we know the military police were called. when the arrived at the escape the situation had already been resolved. it was confusion that could occur so the state of rio, i can't tell off the top of my head but in one year, they make almost -- they have over one million reports, so it's -- so this was simply one event and -- but once we have the report it will help us construct the facts
on this side, please. a man and then a woman. >> did they admit they lied at any moment? did they admit they gave false information? the two being heard now who had not been heard previously, you already know that they were not allowed to travel and they were taken off an airplane. they are being interviewed now. the first one has concluded his witness testimony, and an interpreter was translating and he was signing as we left his testimony, and he admitted theirs version. he confirmed the version i just toll you. >> who is that? >> he is -- never lied because he never gave testimony in the first place, but he simply told us which one of them was lying. what is his name? we'll have to get back to you on
that. we'll have to get back to you. now another. >> now another female reporter: they're being heard now. who pointed the weapon? was it an employee? the security guard. for the gas station. please raise your arms -- hands. who -- now a female reporter. i wanted to know who pointed the weapon, who was it pointed at, and the fact that a weapon was pointed, could that be extortion? did they feel that they were obliged to give the money? it depends on the circumstances. we have to finish our investigation. for now there's nothing that indicates this. for now we have the report of the security guard who reported an extreme behavior by four youths who -- strong youths, and
inappropriate behavior at the minimum inadequate behavior, breaking things, and exhibiting a tendency to continue this level of violence so to say. so, in a situation such as this in principle, it seems justified because if i have a weapon, i can't allow anybody to get near my weapon, and if id in to contain that person's behavior, at a certain moment i can brandish that weapon. but your question is, was it excessive? the use of the weapon? maybe yes, maybe not. depends on the circumstances. up until now nothing indicates excessive use of the weapon but we're still taking testimony. others well be heard there may be some new news but that is was we note.
based on the athlete who has been heard, according to the police officer that is investigating, that did not occur. this is as per the athlete himself. but the investigation is ongoing. only one person had a weapon? i'm not certain. you're going to have to please accept the fact that we're still interviewing individuals. so we don't have the full picture. if we were to read all of the testimonies, forensics are investigating the area, and if we were to try to answer all your questions would would not be able to do our work. so keep that in mind with your questions. thank you for the opportunity. so the story was apparently
fabricated. ryan lochte. >> interpreter: interpreter can't hear the question. >> this type of crime. what kind of penalties existing for such a crime? would it be community service or jail? >> we have not reached any conclusion of the type so far. that's why i began to say, we need to conclude our investigations first. if in fact -- according to
brazilian law it may -- it depends on our investigations -- in normal situations, i would never respond such a question because we try not to speculate. so, but theoretically they might have to respond for false reports. one or several for falsely reporting a crime and for damage to property. so, that's only theoretically. i'm no way saying, and i'll say it self ways so you can't misenter threat what i'm saying. i'm not going to say they're formally going to be charged with anything. we have to finish our investigation and at some moment that might occur. but in principle, we have nothing to lead us -- we cannot reach that conclusion.
>> with regards to that athlete, we have been informed that he needs to appear to be heard. that has not happened yet. we asked that he appear, but that has not occurred so far. the security guard who had brandished this weapon, is he with the police and is the weapon registered? >> with regards to the identity of the security guard, one of the requests they made, because they are reluctant that there
might be some retaliation, they asked that their identity not be revealed. and we were guaranteed that would not happen. so, they are completely within -- their situation is in no way suspect. they're registered adequately and if that weren't the case they would have to answer for that. this athlete who confirmed the version, did he say why did they commit these acts of vandalism? had they had to much to drink? >> ryan. he said that ryan was the one who was most upset and he
activities go on. police stations are open and doing their -- there's a tremendous demand now for their services because of the olympic games. so, several police forces, both local, state and federal, are having to coordinate their activities. the command and control center for the olympics is trying to coordinate all the activities through that general coordination. we took this information to the olympic committee, and to other channels such as the consulate. i forgot to mention. the representative of the u.s. consulate-accompanying invents. i invited them to participate in the press conference. they preferred not to. so, as soon as this information -- it was matter of
days before the information was relayed but they were notified, and we need to give them -- we need to do it within a certain time. it wasn't a long time. when we heard news that they were leaving by airplane, it became clear that hey had no intention to cooperate. but all legal measures that can be adopted, we always have acted with the law and never tried to go without exaggerating our -- but keeping in mind that we have our day-to-day activities, but when we learned that they were leaving, that was an obvious sign they did not want to cooperate, so dr. braga -- to us that was a clearcut sign that
they tide not -- they did not want to cooperate. >> the attorney for lochte said that the brazilian police overreached. >> is he an attorney? >> we don't have anyone with a clown nose here. i think -- i'm sorry for using humor but i think we have no one here with a clown's nose. i think his comments merit that
response. >> whose idea was it to contradict -- will ryan lochte be heard in the u.s.? >> the fbi has accompanied what we have done. they have accompanied our actions. so that cooperation with the fbi so that he be heard there through a letter of interrogatory. they have to agree, and if they agree, we'll ask for a letter rogatory and through local police, the fbi has offered their services, but i can't confirm whether that will happen because we would need their cooperation.
that is still preliminary. it's premature. those that have been heard, will they stay in brazil and how about their passports? >> they're being heard at the moment. we needed to hear them so they could corroborate in our investigation, as to the facts. i think dr. braga can correct me if i'm wrong but i don't see any necessity for them to stay after they have given their version and collaborated with our investigations. and one of the witnesses -- his testimony is alignment with all off evidence and coincides with what the other witnesses say and the images. but the decision is not for the police to take. we will simply confirm that they
have -- we have no more need of them testifying. >> how about the third one? is that true of all three of them? >> yes, all three of them. >> have they shown any remorse? have they apologized for their behavior? and causing such a scandal, and what has the negative effect been? for a city that is, after all, very violent, and real things have occurred, have the expressed any remorse? >> we're dealing with important matters. these are public figures. they influence others.
they influence large levels of society, so they should have a behavior, a model behavior. so i think, yes, -- but their human beings. they commit mistakes, right? they were under the influence. so, an apology should not be for the police officer or to me. it should be to our city, who saw our city stained by a fantastical version. we know it's a fantastical version. we know what happened, so i think it would be noble of them to apologize to the citizens of rio. what was the other question? >> if they actually apologized during the deposition? >> no, they didn't, but not up until the moment i was there, but if they did afterwards, i don't know.
and the british delegation said there was another athlete who was robbed and who was very shocked. are you aware of this? >> yes, i have heard about this. and the unit -- the police unit is doing their work. we're doing the same level of work, investigating. >> so you said rio is a violent city. >> yes, large urban centers have violence in their day-to-day. rio has it problems, as do other cities. the question is how do we confront our problems? we're trying to confront these issues in the best manner possible within our abilities but we can never accept that the responsibility is only for law enforcement -- for law enforcement is only for the police. it's for all of us, including the victim, because a victim who doesn't report to the police might be contributing to the lack of security, lack of
safety. so, citizen is can't only demand safety of the state. they also have the duty to do their part. so when they're public figs who don't do this and don't comply and don't do their part, i think they're not helping. every citizen, be they bris -- brazilian or foreign, they can criticize us but they have a duty to bring these facts to our attention in rio, the police allow you to file complaints over the internet. you can file complaints on the internet so the police have offered i this service to facilitate reporting facts so that we can be aware. we have no problem filing reports and we try to facilitate it. but as far as the british team,
yes, we are investigating. >> in the beginning -- there was the insin -- insinuation there might have been extortion by the security guard. do you have any doubt -- might they have invented this version. >> whether i have any doubts or not is not what is important, nor whether dr. braga has any doubts. what we're trying to do is comply with the highest level of behavior. so in our report, we were able
to find evidence that indicate that it's very improbable that these facts would be interpreted any other way. the images don't comply what if they were saying. when we talk about the use of a weapon, it seems to be -- the weapon was used to control them. once they were controlled the arm was -- the weapon was put -- was holstered and the interpreter -- the gentleman who interpreted said the same thing. so there was a third party who had no interest in this who said, you need to pay, and they voluntarily handed over money, voluntarily to pay for the damage they had caused.
so it doesn't seem to have been extortion. that will probably be our final conclusion but we need to wait for the conclusion of our investigation. >> could the images have been changed? there were ten minutes that were not confirmed. >> the images will be submitted to the forensic of the civil police. obviously we have not had the time to do that yet. forensics -- the experts' report will confirm whether the images confirm with what is written on the report, and we'll tell us if there was any ed iting, what editing there was, what happened when, and the forensics will do this without a doubt but obviously the images were just delivered to forensics so they have not had time to do that just yet.
>> following up on what she said. when the arm was pound were they inside or outside of the taxi? >> if i'm not mistaken they were outside the taxi, but we can answer that in greater detail. believe they were outside the cab. >> could you talk about their departure? how did they depart? and did the guard have a license for the security bard? >> there is no problem with the security guard. >> how did they depart the gas station? how did this sentenced. >> they left by cab. they left by taxi. the taxi driver says -- this has been disseminated already -- they were really upset with the driver because they wanted him
to leave but he wanted to stay. >> so this was apparently a robbery that didn't happen. how many robberies have happen to tourists? >> the law enforcement institute can give you that information. you have to ask them how many tourist have suffered incidents of robbery but i can't answer that now. if you want that information we'll get it for you. >> the security guards, they work at the gas station? >> yes. according to what they say, yes. >> do they work -- are they off-duty cops? >> one of the requests was that the identity of the security guards not be revealed because they're afraid there might be
retaliation. that is one of their requests and we want to comply with that. we will not reveal to the media their identity. they will be identified in the case but we will not release that to the media. i already said they are apparently they are police officers, off-duty police officers. >> if there was -- if they overreached, if they exaggerated, what kind of sanctions can these police officers suffer? >> it's conjecture. up until now there's absolutely nothing that shows that there was an excess. one of the athletes said there wasn't excessive behavior by the security. the way they understood it is
one of their colleagues was extremely excited and behaving in extremely heated fashion. if he -- they did not behave within the law, they will respond to the law, but nothing so far indicates that. i can't conjecture. i'm not going to say if they had done this -- we don't want to waste our time talking about conjectures. >> i'll have to -- speak to dr. terita and get back to you. >> i still have a question.
as i understood, the security guard didn't want them to leave because the police were about to arrive. but they paid. were they let go because the paid? why didn't they stay? and wait the police? >> the crime of property damage is a civil case. it depends on the injured party. they would have to say that they want to proceed -- if the owner says, i don't want to proceed, enough trouble, the police can't proceed with the case for damages. so there's no problem if it was resolved. there's no problem if they agreed on a compensation and there was no physical violence.
if the injured party says, okay, things have been resolved, the state can't intervene because according to the law, if they resolve the case amongst themselves, -- >> all right. we seem to have lost our feed from brazil. for the betert part of 45 minutes or more we have been watching the police chief in rio talk about the charges that are pending possibly but certainly in his investigation, the crimes against american swimmers. i'm harris falkner filling in for shepard myth on "shepard smith reporting" and this has been the breaking news story. like i said for about 45 minutes. she big -- the big question is what happens to ryan lochte and the other swimmers. ryan lochte has come back to the united states. they have -- in custody, guess for lack of better word, they have kept under wraps a couple
of the swimmers they wanted to talk to in this whole thing. so all started with a made-up story according to the re0ow police chief about ryan lochte and einto i other swimmers being robbed. the said that never happened and their investigation has shown that one of the swimmers turned on the other three to say they were lying and that at the heart of this, quote, was an extremely drunking ryan lochte who, accord ago to this police chief, did most of the vandalism or violence at a gas station. this story has a lot of chapters and it's not even over yesterday. our live feed has frozen. meanwhile, let's talk to steve harrigan who is live in rio. so, if you're a swimmer and you just got an bunch of gold medals this is what they're talking about instead. >> reporter: certainly. it's a sad day for the olympics and rio as well. we learn a lot of new facts about the press conference but i caution everyone here that we
are really just hearing one side of the story. we are hearing from the brazilian police. the rio police chief. we're not hearing from the swimmers. we're not hearing from the u.s. consulate. this is purely one side, and certainly it is a very damning side against the four u.s. swimmers the police chief making the case without offering any supporting evidence, basically trying them in the media today, saying that there was no robbery. this was simply an act of vandalism. that the four american swimmers went into a gas station bathroom and began smashing things, including mirrors. they paid money to leave. he also gave a motive. he said the swimmers were with -- staying with women and didn't want that out there. didn't want their motive out there so they lied to create a story. he said it's not clear there's going to be formal changes against the swimmer. as for the three who were here two who were pulled off an airplane, the said he sees no reason why they should be forced
to remain in brazil right now their passports have been seize but they have given their testimony so there's no reason why they should be held further. so hate not clear whether there will be charges but a very damning and one-sided press conference from brazil police, really laying all the blame at the feet of the four swimmers. one point, though, her couldn't dodge and that is the fact that at one point during this event, an off-duty policeman, a security guard at the gas station, pointed a weapon at the swimmer. they paid money to leave the gas station so it's clear that the question of extortion does exist. a man in a uniform, off-duty policeman with a badge, points a gun, he gets money, the swimmers leave. there are two sides to the story. we just heard one side. >> i want to tell everybody -- the news conference has wrapped. ump we lost our satellite feed
but we only missed maybe the very, very tail end end of thatd we were able to go to steve harrigan on the ground, so, jack conger, gunner benz, jimmy faithen and ryan lochte the swimmers involved. the police chief says the owner of the gas station where the bathroom was vandalized. he said the owner does not want to proceed, the state cannot interfere. so this could go away. by the way, the damage that we're talking about, according to reuters and other news reporting agencies would be the equivalent between 20 and 30 u.s. dollars the swimmer would have paid the owner. that to you and how it balances out? >> reporter: you're getting a remarkable point here, is that if we are talking about a broken
mirror and $50 worth of damage, just the enormous amount of this attention that this case has received, it's really -- the olympics and i think there are reasons for that, because it's really a major story. >> for the second time we have lost our video feed from rio. you can see the weather moving in. a pretty dark sky. here's a point that one of our members here on the deck just made and that's that ryan lochte is holding six gold medals. that was supposed to be the focus. let alone the other swimmers. michael phelps and others. katey ledecky, others who have didn't great things and this us the focus itch want to bring in mercedes legal analyst. i was live tweeting tweeting ane things stuck out to me do -- i
know things work differentfully different countries but a to hear a police chief say this case would go to the report of the military police -- which i understand exists in every state there -- this would actually be ratcheted up with a little surprising to hear. how did this start and why is ryan lochte, owner of the civics gold medals, has been a rock star this olympic season and others, previously, how did this smart why is he see center? because of this story he told to nbc, "today show's" billy bush, watch. >> we got pulled over in our taxi, and these guys came out with a badge, a police badge, no lights no nothing, just a police badge. they pulled us over. they pulled out their guns. they told the others to get down on the ground. they got down on the ground. i refused. i didn't do anything wrong.
so, i'm not getting down on the ground, and this guy pulled out his gun, he cocked it and put it to my forehead and get down. put my hands up and was like, whatever. he took our money himself took my wallet. >> all right. so, from the police chief today he said he has solid evidence, including one of the other swimmer's turning on the others to say they were lying, that none of that played out the way ryan lochte put it. steve harrigan is back up on the satellite. i said to the audience looks like some kind of weather is behind you with darkened skies. maybe that was previous, actual, or coming. i'm glad you're back up. you were going to make a point about the amount of money and damage, relatively really tiny inside the gas station bathroom. >> reporter: talking boot for a broken mirror. seemed to be a fair agreement and they were allowed to leave and yet the story has been able
to dwarf the olympics and the police chief making a point that public figures carry enormous influence, specially ryan lochte, deck rated gold medalist. rio had a taken a pounding in the public relations sented the start of the olympics you have zika, crime, impeachment, and more and more athletes being robbed. one from australia robbed the other night, forced to an atm. one from great britain robbed. so this case may be true and rio is taking a pounding and we're seeing the police and country trying to strike back in the public relations department today. >> all very interesting. when you tick off those instances of problems down there, and then you put it up against how hard they're pressing against the story with the u.s. swimmers, it's very interesting reporting you put together there. we appreciate that very much. steve harrigan. when we come back from the commercial break, it's hard to believe this story started out with that interview and then now has just ballooned into almost
an hour-long -- better part of 45 minutes news conference in brazil about american swimmers. we'll talk with mercedes kolon how we got there and what does it men when the military police get involved and what could the charges look like and what would they be for? and really $50 for a bathroom, yes, it's embarrassing, all of it just seems to overblown. but is it? we'll ask her. stay close.
overblown? i got a surprising answer for you. why not? >> certainly because they're looking at this, if you lied to us, it's a crime. the brazilians and other parts of the country as well ex-if you lie during an investigation, if it's the u.s. or brazil, it's a crime. but when did the investigation began? seems it began today or yesterday. the last 24 hours. not when allegedly lochte -- >> sunday morning. >> they didn't bring it to the police's attention. they didn't rush to the courthouse and get their complaint out -- >> you know what i figure out? if ryan lochte has nod given the interview the world may never have known bus the police chief just said this ends when then owner feels like he has been reimbursed for the damage. the money -- you see that on the video. you see ryan lochte or one guy take out his wallet, you can't see the bills being exchanged, but you see them walk away and
there's peace. enough fact that owner considered this to be closed, that was sunday morning. wife is this heating up on a thursday afternoon? >> great point. >> the narrative to go against that didn't match what happened they now are unfolding but if the owner doesn't want to press charges, the police chief is not being generalin win he says it's over. >> the laws different there they saying the police can bring charges, the d.a., and the judges can bring charges and the victims. taking the alleged victim -- >> who is the victim, the bathroom? >> the owner. so, because you have this independent law, these laws that say we don't care what the victim says, we can prosecutor this on our own. i doubt they'll prosecutor. you heard them say we're not going to keep them here in this country. they're going back to their country. it's de minimis. >> one of them already has. >> exactly. >> is this -- can you extradite based on that? >> you can't.
liked at the treaty between us and brazil but it's for extreme types of crime. rape, murder, kidnap, counter-fitting. none of this, potentially lie doing. >> how should this be resolved. >> renewman rate -- >> already paid. >> and then reimburse the government for what was expended in terms of their investigation and let it be. >> that's starting to get expense with all the police officers there wasn't a seat in the house for the cops to sit down. >> there was too much chlorine in their brains -- >> note not a legal observation, mercedes. >> i know, but a genuine one. >> this is just so big. but legitimately there have been some problems there during the olympics and you know that is a tender pound with the child supports and p.r.-wise. you heard steve harrigan say that it might be part of the reason for theushback so hard. a lot of gold medals among a lot of people doing terrific things
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no robbery. they were not victims no violence on u.s. swimmers but a gun was used to contain one of them. so now what? still many questions after what punishment if any these swimmers could face. is ryan lochte facing extradition back to brazil? bottom line there was no robbery. welcome everyone. i'm stuart varney in for neil cavuto and this is "your world." to steve harrigan in rio where it's going down. steve? >> reporter: for the past 45 minute wes heard one side of this story what went on sunday morning with the four olympic swimmers.