jail, was not held responsible, is beyond me. >> i honestly don't know what to say. if comedy is tragedy plus time, i need more [ bleep ] time. but i would really settle for less [ bleep ] tragedy. >> today the new york daily news running this front page showing eric garner moments before he was wrestled to the ground with the headline "we can't breathe" invoking garner's last words. so if so many people think the grand jury failed in staten island, how did they arrive at their decision? vincent warren is the executive director of the center for constitutional rights and a former attorney for the aclu. in a moment we will also be joined by former police commissioner bernard carric. the question tonight is whether there's any reason to believe that perhaps this grand jury could have reached its decision based on something other than