for people trying to make sense of this tonight, what are you going to do about this? is there a filing or an action you're considering taking? >> absolutely. we've talked to his family about this all day. and we do believe that this should go before a judge, and she should consider setting aside this grand jury's decision based on the information that was presented by this prosecutor and especially this witness and other things. >> that was brown family attorney benjamin crump saying he hopes to have the ferguson grand jury decision set aside. that comes after new reporting from the smoking gun website on witness 40 identifying her as a woman with, quote, a criminal past who has a history of making racist remarks and once insinuated herself into another high profile st. louis criminal case with claims that police eventually dismissed as a complete fabrication. keep in mind this is the same witness who, by her account, in journal pages that were given to the grand jury wrote she