Skip to main content

tv   Legal View With Ashleigh Banfield  CNN  May 23, 2016 9:00am-10:01am PDT

9:00 am
thank you very, very much. a lot going on today. thank you so much for joining us at this hour. >> much more on the verdict in the trial of the death of freddie gray. a not guilty verdict in baltimore. "legal view with ashleigh banfield" starts right now. and hello everyone. i'm ashleigh banfield. welcome to "legal view." we'll begin with this legal breaking news. edward nero has been found not guilty on all of the charges he was facing regarding the death of freddie gray. nero was charged with second degree assault, two counts of misconduct in office, and reckless endangerment. he elected to have a bench trial, meaning it was a judge making a final decision on the verdicts and not a jury of his peers. and this certainly did work in
9:01 am
his favor. our miguel marquez outside in baltimore with the reaction to what's transpired just in the last few moments. miguel? >> reporter: it has been fraught to say the least here in baltimore. people watching what happened in the small courtroom across the city. very, very intently. i think there is concern about what will happen in the hours ahead here in baltimore as news of this verdict gets through the city. let's just back up a second. officer porter back in january was, there was a hung jury. the jury could not come to a conclusion here and now the judge, barry williams, an african-american, very experienced judge, finds officer edward nero not guilty on all counts. here's how the lawyer for the gray family reacted. >> i found no problem with the judge's reasoning, and of course, the outcome of how he weighs the evidence is strictly up to him and not to us.
9:02 am
i commend judge williams because he's one of those rare judges that disregarded public opinion. there was enormous pressure from the african-american community to get a conviction. >> african-american judge, we should say. >> yes. and he did not bend to that pressure. >> reporter: now, the mayor of baltimore who said she's not running again after everything that happened in baltimore since the arrest and death of freddie gray, stephanie rawlings blake. she said this is our american system of justice and police officers must be afforded the same justice system as every other citizen in the city, states, and country. now that it's come to an end, officer nero face an administrative review by the police department. we'll once again ask citizens to be patient and allow the entire process to come to a conclusion. fiver oth five other officers face a process here and charges.
9:03 am
the fraternal order of police here saying that the nightmare for officer porter for officer nero is now over but there are five other officers who face that. officers in this city we know there is a slowdown after the arrest of freddie gray and the backlash to the arrest of the six officers. officers across the city were watching this verdict very closely as well. they will certainly be relieved. it is a very, very interesting and delicate time here in baltimore. ashleigh? >> so miguel, a lot of people who watch this process and the minutia, the details of this process, they might not be surprised by this acquittal but the next may not be as clear cut or easy for him. he faces different charges and it is a unique set of circumstances that he is involved and can you walk me through that trial when it
9:04 am
starts and what he's facing. >> reporter: caesar faces the most serious charges, second degree murder among them and in every case along the way when it comes to whether or not an individual should have been seat belted into that van, it is the van driver's responsibility to do that. it is a long time officer with the baltimore city police. he is represented by a very, very seasoned lawyer, andy graham, who will, i'm sure, do a very good job for him, but it is going to be a very difficult hill for him to climb. but everything that we hear in this case points to the culpability of officer goodson in his failure to put freddie gray in the seat belt. many people thought and were led to believe that the initial injury to mr. gray happened on the street as he was arrested. the prosecution argued in that first case of officer porter
9:05 am
that it was in the van somewhere between stops two and stops four that the injury occurred. how that injury occurred isn't very clear. at one point, officer goodson called for help along the way. that's where officer porter came along. they say inexplicably, he jumped in, jumped out. they went to another call. this will be a very difficult case for officer goodson and one that will certainly be watched far more closely than even this case. ashleigh? >> all right, miguel marquez watching things outside of the courthouse. more protests, demonstrators, we'll check in with you regularly to see how things might change there but i want the legal view on this. the details matter in a decision like this. cnn legal analyst danny cevallos and the u.s. attorney for the
9:06 am
district of columbia. first to you, paul callan. you said right away i'm not surprised in the least at this judge's decision. >> no, i'm not surprised because it was such an odd theory of criminal law that was advanced by the prosecutor in this case. remember, officer nero was assisting other officers in making an arrest on the street. he arrives a little bit late on the scene. freddie gray has already been subdued and there's also another lieutenant on scene earlier who wanted him to be chased and taken down. when nero assists by taking him into custody and then putting him into the van, how can that be criminal conduct, the defense argues. he was essentially charged with criminal conduct for not putting his seat belt on and for actually touching freddie gray. so -- >> touching is a big issue. the touching was something that this judge, and let's remember that in a bench trial, it's just
9:07 am
the litigators and the judge. no jury has to be presented with anything but the judge really took the prosecutors to task over the touching part of it. because that's the thing that could have led to ten years. that's the underlying issue with second degree assault. so why is that so significant, danny? >> it's incredibly significant because the prosecution's theory in this case suggests that anytime a police officer lays his hands on another person and later on, it's determined that there was no probable cause to lay those hands on that suspect, defendant, whatever, then in theory, there may be a crime committed but we all know people who practice criminal defense and prosecutors know that that result is almost absurd. the notion that anytime police make an arrest or lay hands on somebody and later on, determines there was an absence of probable cause happens every day. cases get thrown out all the time on motions to suppress. that is not the general rule and if it were the rule, it would
9:08 am
change overnight the legal landscape of prosecution and defendants. >> police wouldn't make arrests if they were charged criminally. >> can i just interrupt for a moment. i'm fortunate enough to be joined by elijah cummings who represents maryland. congressman, thank you for taking the time to speak with us and giving us your reaction to this. i know that you have said that this is justice in any way it comes down but i want to get your personal feeling about today. >> this is the system that we have in the united states, and clearly, the state's attorney looked at this case. freddie gray, somebody who literally lived and died in my neighborhood perished while in the custody of police and as a result of while he was in the custody of police and so somebody had to be held responsible and i think
9:09 am
basically the state's attorney who i have a tremendous amount of respect for made a call and brought charges in this case but this is the way the justice system works and so in the first trial, when with officer porter had a hung jury and williams, a very fair judge and a very strict courtroom and brilliant young man made a decision and when people look at this, they have to say we have to trust the system that we have and in many of these cases, charges are never brought, there is no trial. so, again, this is the way justice rolls. >> so that is often repeated in courtrooms that justice doesn't always go your way. it doesn't mean justice isn't awarded. but i think the bigger question would be that there are many people in baltimore, people you represent who would say, here we go again, another white guy gets off. but how do you get your message
9:10 am
that this judge, judge barry willia williams, an african-american judge, is a remarkable jurist and would have given the utmost attention to this case and maybe there isn't a race bias perhaps in this particular -- to save the city to go through from what it went through before. >> i said it on friday and i asked people to respect the decision, whatever it might be, and i would tell them that judge williams is a man who served in the justice department in the civil rights division, so he is very sensitive to these issues. and, again, a man who is a brilliant jurist and a very fair jurist. i think anybody who practices law in the baltimore area for 20 years will tell you the same thing. so basically, he had to look at the facts and apply the law. and when he looked at the facts and applied the law, he came to these conclusions.
9:11 am
now, there's always going to be people who are not satisfied with the decisions. but keep in mind, we also have five more trials to go. and so i have not read his opinion today. but i do know that he has looked at this case carefully and has made no conclusions on when the case is still coming up. and again, all these cases right now are scheduled to come in his court. now, others may not choose to have a judge try the case. they may choose to have a jury, but the fact is that, again, this is the system that we have. is it a perfect system? no. >> nothing could possibly be. it's among the best in the world, without question, but you just brought up the best point there, and that is that the others who still have yet to be tried may elect a bench trial, still have the right to a jury of their peers but with this
9:12 am
decision and then with the prior mistrial which was a hung jury, is there any way that it could be extraordinarily difficult to get a jury who isn't somewhat poisoned by the events that have preceded the next trial? do you feel confident at this point that unless the next of the accused pick a bench trial, they might not be able to find people who can make a decision and be unbiassed about it given what they've seen so far. >> they've practiced law for many years and a lot of trials. i can tell you, i think they can find that those jurors and i think they will make a fair decision. just as there was a hung jury before where people were divided about how they felt in the previous trial with officer porter, again, i think people have their own opinions. they bring their own biases no matter what. they bring them. but hopefully, they're able to sit down in that jury room after listening to all the evidence
9:13 am
and listening to the jury instructions and come up with a fair verdict. i have full confidence that will take place. >> congressman, it's always a pleasure and i appreciate you taking the time, especially so quickly to join us on this extraordinarily important topic and event. thank you. >> thank you. and straight ahead, we have much more on this baltimore verdict. the fallout from it. how today's verdict may or may not impact the others. there are a myriad of ways it could. our legal panel is going to weigh in and to let you know, you can watch "legal view" at any time. cnn.com/go. back after this. mmmm. incredible. looks tasty. you don't have heartburn. new alka-seltzer heartburn relief gummies. enjoy the relief. ii wake up and i just. feel like sticky. we have the windows open, the ac on, i'd close it in the middle of the night, he'd open it in the middle of the night, it was a nightmare. my new tempur-breeze stays cool to the touch.
9:14 am
not cold, but cool. it naturally adapts to your body and somehow creates the perfect temperature for you. sleep cooler. wake more refreshed. discover the new tempur-breeze. and now thru june 5th, save hundreds on an adjustable base when purchased with a tempur-breeze mattress. perfect driving record. >>perfect. no tickets. no accidents... >>that is until one of you clips a food truck, ruining your perfect record. >>yup... now, you would think your insurance company would cut you some slack, right? >>no. your insurance rates go through the roof. your perfect record doesn't get you anything. >>anything. perfect! for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. and if you do have an accident, our claim centers are available to assist you 24/7. for a free quote, call liberty mutual at
9:15 am
switch to liberty mutual and you could save up to $509 call today at see car insurance in a whole new light. liberty mutual insurance.
9:16 am
create your own seafood trios you can try something new with every bite. pick 3 of 9 all-new creations for $15.99. like baked lobster alfredo
9:17 am
chimichurri shrimp and crab cakes bursting with crab meat. just hurry in before it ends. that can camp out in between our teeth, if we'll let it. use gum® brand. soft-picks®. proxabrush® cleaners. flossers and dental floss. gum® brand. welcome back. we're still on our breaking news in the freddie gray case. one trial down and one mistrial and five more to go but the first verdict for one of the six baltimore police officers charged in this case is not guilty. the judge acquitted officer edward nero of all charges and the judge did that because it was the only person to do so. that officer elected to have a judge hear the case instead of a jury and that is your right to
9:18 am
do so. i want to bring back cnn legal analyst danny cevallos, paul callan, and laura koets. when people hear verdicts they don't perhaps like, they think there's a sort of second chance at the federal level. perhaps with the doj, perhaps with the civil rights case. where do we stand and what are the thoughts about the facts in these cases, particularly edward nero's and the department of justice? >> the edward nero cas is not a good case for the department of justice to investigate or act as a backstop as it often does in other cases and primarily, the reason for that is because we have four misdemeanor events charged. these were not felonies against edward nero. the remaining officers will have felonies including caesar goodson, the highest murder charge of all of them. in this particular case, the doj
9:19 am
does not like to come in as a backdrop on a misdemeanor level but there's a look at whether there's a pattern or practice of behavior that the police department is using that has an impact on members of color in the community in baltimore so that could be an ongoing issue but not the case the justice department would intervene but having said that, there are other cases that are looming in far more serious charges that may be the types of cases including officer caesar goodson that the doj may have them look at and have an interest in trying to intervene in. >> and paul callan, if you were looking towards the next three and four, because that mistrial still needs to be retried, would you be advising your clients, looks like the bench trial is the way to go, not only perhaps because this is the verdict everybody wants when you're a defendant but also because the more news, the more anger and frustration in the community, the more the jury pool becomes a
9:20 am
little more tricky. >> it depends in large part about which judge is assigned to the case. remember, lawyers follow these judges very closely and they know whether they lean defense or lean prosecution and what their relationship with the political community is. >> they seem to be hearing all of the cases. >> if it's this judge hearing all of the cases and sometimes a conflict develops, sometimes things happen we don't anticipate and seriously consider a judge trial. here in new york, the bronx is a jurisdiction where a lot of minority people, hispanics in particular feel police treatment has been unfair through the years but not do it in other jurisdictions. you've got to feel your way out and this is a message that's being sent, i think. >> one last point. there's been a lot of news on these cases and lost in some of the news might have been the big huge settlement that the city of
9:21 am
baltimore offered to freddie gray's family. before this litigation played out and asked back then if that would have an effect on a jury pool seeing that the city somehow decided that there would be enough wrongdoing to afford the settlement. i think upwards of 6 million. >> it's a legal fiction to think that the news in baltimore is going to enable you to impanel a jury that knows absolutely nothing about what's going on in baltimore. and to build on paul's point, when it comes to bench trials, the conventional wisdom is that those are generally a bad idea. but the reasons can mitigate in favor of a bench trial. while they mostly, the sort of the scuttle butt is they're bad for defendants but need one to say not guilty but with a judge, you only get one flip of that coin. >> and darn smart too. or she. whoever it is up on that bench. they've been to that rodeo
9:22 am
before. thank you to the two of you. danny, paul, laura. that is an african-american judge and a white defendant and that white defendant has been found not guilty. some will say there's no reason to mention race. others will say that's what so much of the anger in the community is all about. but there's still five more trials to go. we'll continue to follow them but up next, we also have big news in politics. a meeting, and it's not small, at trump tower today with a potential vp nominee for donald trump. and lots of brand new poll numbers with a familiar story line. guess which way trump is trending? we needed 30 new hires for our call center.
9:23 am
i'm spending too much time hiring and not enough time in my kitchen. (announcer) need to hire fast? go to ziprecruiter.com and post your job to over 100 of the web's leading job boards with a single click. then simply select the best candidates from one easy to review list. you put up one post and the next day you have all these candidates. makes my job a lot easier. (announcer) over 400,000 businesses have already used ziprecruiter. and now you can use ziprecruiter for free. go to ziprecruiter.com/offer6
9:24 am
i thodid the ancestrydna toian. find out i'm only 16% italian. so i went onto ancestry, soon learned that one of our ancestors was eastern european. this is my ancestor who i didn't know about.
9:25 am
9:26 am
9:27 am
if the presidential race left you unsteady, woozy, it's shifting under your feet and fast. two new respected national polls show the likely general election match-up of trump versus clinton is dead even. that's the sure sign yet that gop voters falling into line and democrats, not so much. more on that in just a moment. geographically, the candidates are pretty far apart today. the republican nominee to be is in new york meeting behind closed doors with the republican u.s. senator, bob corker. that's corker on the right but i'm sure you knew that because the guy on the left is on there all day long. bob corker is the chair of the foreign relations committee and potentially a trump running
9:28 am
mate. for hillary clinton's part, she's making her way to california by way of detroit. there to address the service employees international union to happen about one hour from now but let's get back to those pesky polls, shall we? my cnn colleague tom foreman digging through the numbers and while numbers can be boring, they sure aren't today. so take it away, tom. >> they're fascinating right now. we've been seeing something an awful lot of republicans would never see and certainly a lot of democrats thought they would never see. abc news poll shows trump 46% among register voters would choose him for president right now and only 44% for clinton. that's the sampling but still shocking compared to couple of months ago. nbc news "wall street journal" poll, 46% in clinton's favor to 43% in trump. again, within the sampling error but this is rock solid. look at the change in the trend here.
9:29 am
trump back in april, only 39% support among registered voters. he's up to 43%. clinton, same period of time dropped from 43% to 39%. it can change but that's what it's showing. what really is dominating this race and this is a shocking number, if you cover politics or pay attention, look at this. their unfavorables are still dead even. 57%. this is the worst, in terms of unfavorables, the worst two candidates in at least 25 years in this country. in terms of these numbers alone. and that can make for a very strange race. so who does like them? here's another from nbc news and very, very high. but who does like them? w donald trump wins whites,
9:30 am
seniors, men, and independents. where can he grow here? it's hard to say exactly where he would grow here but may want to target the middle group, independents because they're maybe most on the fence in this whole thing. hillary clinton, she's winning with african-americans, massive win there. latinos, massive win there. women, still a very big lead, and young voters. 55 to 32%. this is an important number because young voters lean towards bernie sanders. we have to see if this changes as it moves on. ashleigh? >> when you do those demos, you can see there's a real lopsidedness for hillary rodham clinton but for trump's, he may be etching her out but it's not lopsided. she's got room to catch him, it looks like. >> she may have room to catch him but you have to question whether or not, who's going to move in any of these groups. very often, but this time in the
9:31 am
election, people have made up their mind and the question is, can either of these candidates sway big numbers out there or are we looking at what we're going to see come november? a very, very tight race. >> that's super depressing to hear they made up their minds and five more months on the trail. happy monday, tom. good to see you. thank you. i want to talk about the news behind the numbers and the facts. i have a blue ribbon panel. david gergen, former advisor to four u.s. presidents. scottie knell hughes, a donald trump supporter and then peter, hillary clinton supporter. at first, there's a real squeeze of that, you know, she had a heck of a lead a month ago and that has e vab ravaporated by a intents. her demos, she trounces trump
9:32 am
and doesn't trounce her. are you hanging on that? any good news to the polls you're seeing? >> i pay a little bit less attention to polls having been in john kerry's war room thinking she was the next president. and then ohio started coming in. so i really pay very little attention to polls at this point but let's get behind what is going on with the poll numbers, especially on the unfavorable numbers. what's happening here is the normalization, at tthe equaliza where there is none. you take somebody like hillary clinton who has mud thrown at her day and night and then donald trump who's throwing mud at other people. both end up with mud but for different reasons. i don't see these unfavorable numbers as comparable in any way. it's apples to oranges. hillary has a very strong connection to her voters. she's ahead from other candidates by millions of votes and builds that relationship
9:33 am
with loyalty and i think they will carry her to victory in november. >> i think it's important to note as well she's dealing with primary opponents and donald trump is not. david gergen to you, her primary opponent was on abc this week and had nothing too kind to say about hillary clinton. i think, evil was one of the words used. >> lesser of two evils. >> let's see the significance of it. >> we need a campaign. an election coming up which does not two candidates who are really very, very strongly disliked. i don't want to see the american voting for the lesser of two evils. i want the american people to vote for a vision of economic justice, of social justice, of environmental justice, of racial justice. >> he says the lesser of two evils. everybody sees it and it's been in headlines. i just played it. if you're just trying to woo super delegates for the
9:34 am
convention, i f that's the mission to bring some of her super delegates his way, is that the way to do it? >> i'm not sure it's working for him. so far, she can't shake him. i don't think his mission is to win. i think his mission is to get as much leverage and get her to commit to a platform that's quite sympathetic to him. >> isn't that a little scorched earth? >> it is scorched earth. but he's leading a revolution. i think this is partly gone to his head. he's had these overflowing crowds. no wonder it would go to his head but i think he's trying to change the direction of the country and he want to get her to join that or not get on the bandwagon. i think that's a problem for her going forward. it's a big surprise, we thought trump would have a very divided party and fighting all sorts of people and she'd have a coronation. and it's turning out just the reverse of that. and we don't know how this race is going to settle down until we see how she settles down with
9:35 am
bernie because right now, the numbers, i think, are much more fluid than people think. trump has closed in like this and shows a lot of people came in his direction here in the last two or three weeks who are mostly republicans or uniting behind. >> john king's pathway will be fascinating. i want to ask you, scottie, lindsey graham, apparently now quietly in "the new york times" trying to get other republicans in line. i never thought i'd have information to say that on television but that's what "the new york times" is saying is happening and at the same time, donald trump goes on fox news sunday and talks about the nra meeting he had and gun control, et cetera, and seemingly, twice in the same comment, flip-flops on his position. let's listen to it and i want to ask you about it afterwards. >> i don't want to have guns in
9:36 am
classrooms, although in some cases, they should have them because things that are going on are unbelievable. you look at some schools, unbelievable what's going on. but i'm not advocating guns in classroom, but remember in some cases and a lot of people have made this case, teachers should be able to have guns, trained teachers should be able to have guns in classrooms. >> he contradicted himself not once, but twice in the same paragraph. either it's i don't want guns in classrooms or teachers should. but i'm not advocating guns in classrooms, but remember, in some cases, teachers should be able to have guns. i'm not going to ask you about the effect of that but ask how other republicans who say lindsey graham is trying to get on board behind the nominee are going to react to this kind of flip-flopping. >> well, i think it's because people see it as an option. i think what mr. trump is saying he doesn't want mandatory guns
9:37 am
in every single classroom to be expected. he's saying the teachers should have the option if they feel comfortable with it, they've had the proper training, they should have the option so when the criminal comes in, he has the fear that he's not going to be the only person that will have a weapon there and i think that's why it's not a contradiction, more of a clarification. where unfortunately find so many times in laws today, it's mandatory, either 100 or nothing. and i think it's not contdicting himself. just more clarifying his statement. >> do you ever worry that the work that needs to be done now is getting republicans in line, getting, say, a paul ryan, not to say things like more into the old fashioned politics, my words, i'm paraphrasing, but every time trump speaks, it does that effort harm. do you worry he's his own worst enemy to get the troops together? >> we've been dealing with it since the day he announced. he's not classically trained to put things into right words where there's no discome
9:38 am
bobblement. i am worried he may not be as clear but for the american people, obviously, the voice and the tone he's been using as resonated and you start off talking about these numbers and both have very much unfavorables, and hillary clinton is winning with the demographics but when it comes to topical issues of the economy, who can handle terrorism and they believe trust, mr. trump is trouncing most by at least 10 points because of his tone and his voice and his strong suits. >> all right. i got to leave it there, guys. but i wish i could, but four other segments into a three segment show. thank you. this is my life. i'm not kidding, every day. thank you to the three of you. we'll talk again, how's that? thank you. coming up next, what happens when prosecutors purposely, purposely keep black people off
9:39 am
of a jury in a death row murder case? believe it or not, that was not fiction. that's something that the supreme court had to decide and guess what? they just did. i'll tell you what happened. you pay your car insurance premium like clockwork. month after month. year after year. then one night, you hydroplane into a ditch. yeah... surprise... your insurance company tells you to pay up again. why pay for insurance if you have to pay even more for using it? if you have liberty mutual deductible fund™, you could pay no deductible at all.
9:40 am
sign up to immediately lower your deductible by $100. and keep lowering it $100 annually, until it's gone. then continue to earn that $100 every year. there's no limit to how much you can earn and this savings applies to every vehicle on your policy. call to learn more. switch to liberty mutual and you could save up to $509. call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance.
9:41 am
9:42 am
9:43 am
that can camp out in between our teeth, if we'll let it. use gum® brand. soft-picks®. proxabrush® cleaners. flossers and dental floss. gum® brand. the supreme court is giving brand new life to a black inmate currently on death row. that's because the justices found that the prosecutors in his original trial unconstitutionally barred potential black jurors from serving on the jury in the trial of timothy foster. cnn supreme court reporter ar n
9:44 am
arian. the notes that the prosecutors took during voir dire that had little bees next to black potential jurors surfaced 20 years and ended up being the lynch pin in this case but what made the justices decide it was a racial bias as opposed to preparing for a challenge which was what george said in this case? >> keep in mind, george said we knew a challenge to this all-white jury was coming so we were preparing for that. but that chief justice john roberts writing for 71 on the court it was no question that georgia prosecution was motivated in a substantial part by race. this was timothy tyrone foster, african-american man in 1987 convicted of killing a white woman by an all white jury and
9:45 am
very unusual. 20 years later, his lawyers came up with these notes and they said the prosecution illegally took race into consideration and the supreme court sided with him. it's not very often, right, that you get these smoking gun documents, these smoking gun evidence. this might not have broad implications but come as a welcome relief to those who believe racial discrimination persists all too often today. >> yeah. i was going to say, it never happens but i'm sure somewhere, somehow, there could be some kind of smoking gun in a case like this but this was remarkable. johnathan, let's broaden out from the broad effect to the single dissenter, justice clarence thomas on that panel. does it speak any volumes? would we have expected any different? we didn't have justice scalia, so we don't know what he might have done but does it stand out as unusual or unique?
9:46 am
>> justice thomas is very comfortable being alone as dissenter because he has deep principles but those principles in this case are not shared by colleagues. in fact, he's fighting a fight that the court rejected long ago on that question and on the more important issue of how this affects the current law, you have to keep in mind it was in 1880 the court said you cannot use race to strike jurors but then in 1986, they created a process to evaluate these claims. now 30 years later, the court, i think, is in an important decision because the court here is speaking with a very loud voice they're not going to tolerate this and these prosecutors really went over the line in a number of respects and in the closing argument, one of the prosecutors said to the jury, you need to deter the people, quote, in the projects and that was viewed as a coded message about race. >> i find it interesting that
9:47 am
justice thomas wouldn't have seized on that piece of evidence but to the bigger story here and that is, people going forward as they're picking juries. won't they be more couched in their coating? maybe they won't write a b ne"b next to it but they pick juries that would be sympathetic and i don't think anybody would argue race tends to be an issue that prosecutors and defense attorneys face. do they pick different race neutral reasons? >> that is the fear. the first thing they don't do is write "b" to any names and struck 100% of african-americans and 16% of white jurors. yes, there is a way that they could continue to game the system by coming up with neutral reasons but it's important to note there's seven out of eight justices saying they don't buy it and look at this case and it
9:48 am
doesn't work for us you had other reasons to do this. i think that's going to have a big effect. we tell lower court judges you need to look more closely. it's not just coming up with the most creative neutral argument. you've got to be reasonable. you've got to be objective and use common sense and it didn't wash this time. >> i think that project's comment was probably pretty heavy on their minds as well. jonathan turley and arian. thank you. how close are we to finding out what happened to egyptair 804? what made it fall from the sky about 8,900 feet. that's how deep where it's believed to be and the submarines have already arrived to try to find those clues. (announcer) need to hire fast? go to ziprecruiter.com and post your job to over 100 of the web's leading job boards
9:49 am
with a single click, then simply select the best candidates from one easy-to-review list. and now you can use ziprecruiter for free. go to ziprecruiter.com/offer5
9:50 am
9:51 am
9:52 am
shoshow me more like this.e. show me "previously watched." what's recommended for me. x1 makes it easy to find what you love. call or go online and switch to x1. only with xfinity. breaking news. we have just received a statement from the attorney who represented officer edward nero. of course, you'll know by know edward nero was acquitted today in connection with the freddie gray case in baltimore. his attorney said this about officer nero. officer edward nero, wife and
9:53 am
family, are relieved this nightmare is finally over. the state's attorney for baltimore city rushed to charge him as well as the other five officers, completely disregarding the facts of the case and applicable law. officer nero is appreciative that judge barry williams applied in this ruling. his hope is that the state's attorney will reevaluate the remaining five officers' cases and dismiss their charges. like officer nero, these officers have done nothing wrong. officer nero remains a proud member of the baltimore police department and looking forward to serving the city and the people of baltimore. again, the attorney for officer nero releasing that statement after his acquittal on several charges that could have netted him up to 15 years in prison. other news. the search intensifying for the black boxes from egypt flight 804. both sides are scanning the
9:54 am
bottom of the mediterranean for the flight data and the cockpit voice recorders. they, of course, could hold the answer as to why this plane simply fell out of the sky, crashing into the sea, 66 people on board. in the meantime, there's some new questions involving smoke alarms that went off near the cockpit minutes before the crash. i want to get more insight from cnn aviation analyst, mary schia schiavo. people say there could be other reasons for it. what could that be? >> it's very interesting because the smoke alarms actually pick up their visual. they pick up the air, smoke, mist, things like that, but the first warning that went off was in the cockpit at the window heater. at 37,000 feet, you have to heat the windows to keep them clear for the pilots to see out. so the first thing that happened was a warning from the cockpit
9:55 am
that you had a problem with the window heater and the australian version of ntsd, the australian safety bureau issued a warning back in 2009 that the window's a 320s and could have a problem with shorting in the system and could lead to fire and electrical problems. so we have that happen first and then the smoke detecters are going on. so whatever happened, if this information is correct, now, a lot of this come out through leaks here and there, but if correct, whatever happened started in the cockpit and it started with this warning on the window. >> mary, fascinating. thank you for that. it's probably why the egyptians and the french are both saying we're not ruling out anything yet and certainly not saying it's terrorism right now which could have implications here in the elections. thank you for that information and thank you for continuing to
9:56 am
follow this story for us. coming up next, dozens of new bombings in syria with isis saying it was us, taking responsibility, meanwhile, right next door in iraq new operation, brand new, under way to take back a major city from that terror group. the role the united states is playing in all of that coming up. i asked my dentist if an electric toothbrush was going to clean better than a manual. he said sure...but don't get just any one. get one inspired by dentists, with a round brush head. go pro with oral-b. oral-b's rounded brush head cups your teeth to break up plaque and rotates to sweep it away.
tv-commercial
9:57 am
and oral-b delivers a clinically proven superior clean versus sonicare diamondclean. my mouth feels super clean! oral-b. know you're getting a superior clean. i'm never going back to a manual brush. perfect driving record. >>perfect. no tickets. no accidents... >>that is until one of you clips a food truck, ruining your perfect record. >>yup... now, you would think your insurance company would cut you some slack, right?
9:58 am
>>no. your insurance rates go through the roof. your perfect record doesn't get you anything. >>anything. perfect! for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. and if you do have an accident, our claim centers are available to assist you 24/7. for a free quote, call liberty mutual at switch to liberty mutual and you could save up to $509 call today at see car insurance in a whole new light. liberty mutual insurance.
9:59 am
10:00 am
wherever you're watching from around the world, thanks very much for joining us. we begin with important developments from three of the world's terror hot spots. in syria, coordinated terror bombings that have targeted government strongholds and isis is claiming responsibility. one series of explosions at

19 Views

info Stream Only

Uploaded by TV Archive on