he's the virginia man who died in police custody after being repeatedly tased by police. msnbc chief legal correspondent broke the story, he joins us with the latest. >> yeah, basically, we had a hearing, first hearing since the tapes became public in our report yesterday, as you mentioned. and the main headline coming out of this hearing, these parties are not about to settle. we have seen cases of alleged police brutality, departments pay out arc ward it doesn't go to trial, it doesn't take as long. a hearing which had disagreements back and forth between the lawyers and a private sort of setting in the judge's chambers they came back out and they left. basically ready to continue going towards a trial date of next year. no indication from the new hearing after the video's out they are closer to any resolution. >> nothing new out of the police or the police union in. >> no. we've reached out to the police department as well as lawyers that we spoke to as well as state police who conducted the investigation. i reached out personally to