Why is the president moving now . Is it as simple as looking at the events in ferguson and that thats really the spark here . Reporter well, certainly as a political issue this has been alive for some time. You have democrats and libertarian minded republicans who have been saying that this infringes on civil rights and theyve wanted to see some changes for a while, but for the white house, yes, it is ferguson that sparked this as an issue and sparked this review and the president said on monday that those though these local communities needed a lot of this equipment to respond to potential terrorist attacks after 9 11, its time for this review because of the problems of blurring lines between local Law Enforcement and the military, jim. No questions some very powerful images throughout the week. Thanks very much to erin mcpike in washington. At the local level there are a lot of Police Departments that are very happy to get the militarys excess equipment. They say it makes their communities much safer. Heres cnns deborah feyerick. Reporter this 2006 mine resistant vehicle once saw action in baghdad and fallujah. Its pretty big capacity. Reporter now it belongs to the Nassau County Police Department on long island. This could enter a hot zone and as youve seen its very, very heavy. Reporter unbelievable. Have you ever taken this out . It has not been used yet. Reporter it hasnt . And hopefully it wont be. Reporter the Defense Department is giving out billions of dollars of surplus military equipment to Police Agencies across the country. This will withstand gunfire where this one will not. Reporter things like humvees, backhoe, watch towers, in some cases even weapons. All of it handed out for free. Theyre downsizing the military now. Rather than dispose of these vehicles or have them sitting in a lot rotting, theyve made them available to Police Agencies such as ours, and weve taken advantage of it. Reporter nassaus chief of department steve skernecki oversees Police Operations here. He says this is the key part of the Emergency Response and rescue plan, whether responding to natural disasters like Superstorm Sandy or active shooting situations. You know, when it comes down to saving lives, i dont think theres ever too much. Reporter do these weapons from the battlefield belong in the hands of Police Officers . Even before the shooting of Michael Brown in ferguson, missouri, the aclu accused police of becoming dangerously mil millitar rised. Many Police Departments are using these without the training. Reporter nassau has strict protocols and monthly trainings. Other cities with smaller Police Departments do not. These are not toys to play with. These are critical pieces of equipment and theyre to be used under certain circumstances and under certain circumstances only. Reporter the aclu has criticized lack of oversight and inconsistent training within the nations many Police Departments. People are demonizing the use of military grade vehicles in smalltown Police Departments. Is that fair . A lot has changed in the world since 9 11. Terrorist groups are attacking us from abroad. Terrorist groups are springing up here in our country. Police departments today in the 21st century are a giant component to our national security. Reporter deborah feyerick, cnn, Nassau County, long island. My next guest has a very unique purview because he not only once led the new york city Police Department he also helped the u. S. Military, rather, train iraqi police in iraq. With me now former new York City Police commissioner, Bernard Kerick. You strongly defended the use of military carriers, weapons by local police. Make the case for us here. Well, first of all, back to the beginning of the cartel error in the war on drugs, the weapons in our streets started to change. We went from revoflers to semiautomatic guns, to semiautomatic weapons, to fully automatic weapons. That the police has had to deal with. Weve seen it in our schools, malls, people have been assassinated and gunned down. Special weapons units have had to respond to those assaults and the attacks. In the last 48 hours we have heard the secretary of defense and our military commanders talk about the isis threat abroad and how its coming here. In the aftermath of 9 11 nobody should deny that. Nobody should be in denial. These units, these weapons, this equipment is necessary, but the one thing that i would have to say i agree with, whether its the aclu saying it, whether its the president saying it, or whether its the harshest critics of these programs, training. Training is the most important issue here. If there was better training, we wouldnt have seen what we saw on day one out in ferguson. You had local Law Enforcement responding to a riot with semiautomatic and automatic weapons. Its it was wrong. It shouldnt have happened, but you cannot diminish the ability of local and state Law Enforcement to protect our cities in this day and age by taking the stuff away that really secures our country. But let me ask you about necessity here because, for instance, when you look at the mraps, thats a mine resistant vehicle designed for afghanistan and iraq. Ive ridden in them there when ive been embedded with u. S. Troops. Theres no mine or i. U. D. Threat here in the u. S. Why does the Nassau County Police Department need a giant mine resistant truck in the streets of Nassau County just outside new york . Why is that necessary . Would anybody have said a year and a half ago that you needed an mrap in boston . No. They wouldnt have said it. The problem is, we dont know where the next attack is going to be. And its coming. I promise you as horrific as it may be and as bad as people do not want to hear it, there are going to be attacks in this country. Yeah, but boston was attacked against Law Enforcement. Boston was an attack against civilians and terrorists go for soft targets. They go for soft targets, but who has to respond, jim . The local and state authorities have to respond. They are the first responders. As the commander in nassau said, they are the first responders. They are the men and women that have to go out there and intervene in these circumstances and respond in these circumstances. Theyre going to need the equipment to do that. If you diminish that equipment, if you take it away, two things are going to happen. One, the officers arent going to be able to do their job or two, more importantly and horribly, theyre going to die trying. Well, listen, having spent a lot of time with Law Enforcement, i just personally want to see them protected as well. I think allamericans do, but it gets to the question about what you gain from these kinds of pep pons. You made the point as well, this fs a riot. There were some armed people there, but most were not. You had policemen looking like soldiers not only in what they were using but what they were wearing, et cetera. It seems that you were saying you saw the misuse in ferguson of some of this equipment even if in other circumstances Law Enforcement may in fact need it. You know what, jim, i think thats the key here. People have to realize on day one i saw people standing out there, peaceful protestors, with their hands up in a line and i saw armed Police Officers with assault weapons trained down on them. It was unnecessary. This was a riot control, disturbance control situation. In the days after when people were throwing molotov cocktails, firing gunfire into the crowd, just destroying personal and private property, the response is going to be different. It has to be different. Police have to respond with force to force, but you know what, in that first day the response was wrong. But dont diminish the ability of our National Police service to do their job because of that incident. Thanks very much. You make a strong argument and i want to ask you to stick around because i want to remind our viewers you work not only with the new york Police Department but also with iraqi police helping to train them so i want to talk to you about the Terror Threat that isis is releasing and what it will take to stop them. Were also going to talk about isis with the retired army colonel. Weve seen u. S. Air strikes in iraq. Are we about to see the same in syria. Please stay with us. Theres a lot more to talk about here. 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We want to talk it over now with retired army colonel peter mansouri. He advised general David Petraeus in iraq during the troop surge in 2007, 2008 credited with ending a war there. Colonel, youve said isis is becoming more and more difficult each and every day for the u. S. , for the region. Why is that in your view . Its incredibly well financed. It has an arsenal of u. S. Weapons that it seized when it overran mosul in june. It has adherence that are combat experienced from the syrian conflict and the iraqi conflict and it has thousands of adherence that are flocking to its colors from around the world and locally. So this is a very, virulent and Capable Organization in its overrunning of northern and western iraq. The killing of james foley, grisly, publicized videotape sent around the world. Its been called a terrorist attack on the u. S. By u. S. Officials. Is the u. S. Now at war with isis . Well, i think its inevitable that we will go to war with isis. Isis has pledged to destroy westernle civilizatio westernle western civilization. That will be the deathnell of western economies. It cannot be placated or contained in the long run. I think sooner or later the United States will have to go to war with isis and destroy it. Thats an alarming prospect. The u. S. , the administration considering airstrikes inside syria in addition to the airstrikes that have become daily events against isis targets in iraq. Is air power enough to push back isis, to fight a war against isis or does it require a ground response, ground troops, u. S. Ground troops . Well, air power is certainly an important part of the equation, but you have to have a ground force to retake ground lost. You can blunt an offensive with air power, but you cant retake ground without ground troops. These troops will probably be iraqi and Kurdish Forces, maybe forces from other arab states. I doubt that they will be u. S. Boots on the ground. Perhaps special forces to do pinpoint raids or advise iraqi and Kurdish Forces, but i dont see a role for u. S. Conventional troops other than advising training and equipping the iraqi and Kurdish Forces. Now that would help solve the problem in iraq because you could have Kurdish Forces joining up with Iraqi Special forces as has been the formula the last week or so around the mosul dam. Doesnt solve the problem in syria. The problem in syria is the nonextreme rebel groups havent proven frankly up to the task, whether against isis or the assad regime. What do you do on the ground in syria then . Its much more difficult problem. Were going to have to apply air power across the nonexistent border. I wouldnt make too much of the fact that theres a National Border there since in effect it doesnt exist any longer, but were going to have to train and equip the free syrian army, the moderate faction there, and build up its capabilities and perhaps even ally ourselves with sunni tribes that have battled isis and lost heavily because isis is so much more powerful. But if we can get special forces into the region and fullment an insurgency with isis and ally ourselves with tribes willing to fight them and air power and the tribal elements on the ground can do a great deal to destroy isis elements in syria. Inevitable that the u. S. Will go to war with isis says the colonel. Thanks very much for joining us. Please stay with us because we want to hear more from you just ahead. But first up, an attack during friday prayers in baghdad kills dozens. In the nation, the safest feature in your car is you. Add vanishing deductible from nationwide insurance and get 100 off for every year of safe driving. We put members first, join the nation. Nationwide is on your side. Thats why i always choose the fastest intern. R slow. The fastest printer. The fastest lunch. Turkey club. The fastest pencil sharpener. The fastest elevator. The fastest speed dial. The Fastest Office plant. So why wouldnt i choose the fastest wifi . I would. Switch to comcast Business Internet and get the fastest wifi included. Comcast business. Built for business. Welcome back. Im jim scuitto in washington. Fears are growing that iraq is again on the verge of an all out sectarian war. A sunni mosque in baghdad was attacked yesterday during friday prayers killing at least 70 people in a cold blooded massacre. Cnn has the gruesome details. I want to warn you, some of the aftermath of this attack is graphic. Reporter cries of anguish and pain by family members searching for their loved ones amongst the dead. This disturbing video uploaded to youtube purportedly shows the aftermath of a horrific attack on a sunni mosque northeast of baghdad. Police say gunmen stormed the mosque during friday prayers and opened fire killing at least 70 people. The killings reminiscent of the attacks during the height of iraqs brutal sectarian war in 2007. With violence soaring and sectarian tensions on the rise, this attack has increased fears of a cycle of retaliation that could reignite all out sectarian bloodshed. Sunni politicians blame the attack on shia militias. Announcing their control of government talks until the perpetrators are arrested. Iraqs main shia Political Parties have also joined the cause for an immediate investigation. A moderate sunni and the countrys Parliament Speaker attempted to calm tensions on saturday. Translator today a committee was sent to investigate this incident. The committee contains a number of Parliament Members and a 48 hour deadline was set to reach results for this investigation of this heinous crime and massacre. We are awaiting these results and those results will be clear and public for everybody. This was promised by the ministry of interior. Reporter but sunnis have little trust in the shia led government and its promises. Over the past years they have felt marginalized by what they say are the sec continue policies of nuri almaliki and the Security Forces and milit s militias. The grievances have already been exploited by isis allowing it to gain support amongst sunnis who saw the terror group as the lesser of two evils. Many fear images like this could only drive more sunnis into the arms of isis and the country closer to an all out civil war. Cnn, baghdad. Isis overwhelmed parts of iraq by capitalizing on the internal grievances that she was talking about there percolating now throughout the country. Isis is considered today the worlds most dangerous Jihadist Group and many isis fighters are armed with american weapons, the same weapons the u. N. Once gave to iraqi soldiers to take care of their own security so how can the u. S. Topple isis now . I want to bring in Bernard Kerick and retired army colonel peter mansur who informed general David Petraeus. You were involved in training the forces. A lot of blood, sweat and tears went into it. The military dissolved. Was that investment a waste of time . Well, no, i dont think it was a waste of time at that time. This was going back in 2003. I got there within probably a month or so after the fall of saddam. There was lawlessness, looting. I was there for the bombing of the u. N. , the Jordanian Mission and the mosque in najaf. Somebody had to keep the streets or attempt to keep the violence down in the country at that time and we were trying to put as many iraqis up as possible. The National Police and the military. As you know, the military basically dissolved back into the communities. Everybody, all the Security Forces, and it was our job to bring them back and try to stand them up to secure their own country. And that was no easy task. And i think the best part of that was general petraeus. You know, by the time they got these guys up and running, implemented the surge it really benefitted the iraqis. It really stabilized security at the time, but i think since then weve had some major setbacks. And as a result of those setbacks, this is what were seeing now. Colonel monsour, i want to ask this question because the u. S. Tried training and equipping the Iraqi Military to take over security responsibility after u. S. Forces left in 2011, 2012. This is now again part of the strategy, training and equipping Kurdish Forces, talk of training and equipping some of the Syrian Rebels as well, but weve seen the weakness in that strategy. How can the u. S. Truly push back isis while still relying on local forces that often have not been up to the task . The problem with iraqi Security Forces in mosul in june was poor leadership at the top. Nuri almaliki turned the army into his private militias. They mistreated the soldiers. They used their positions for financial gain. Any military leader can tell you that thats a recipe for failure on the battlefield. The troops when it came down to it simply wouldnt fight for these commanders. So as part of our train and equip effort, we need to mandate that the iraqis and the kurdish leaders, political leaders, put aside their politics and put in leaders of military forces who are competent and not based on sect, ethnicity or political party. That has got to be part of the agreement before we engage in this effort. Commissioner kerik, you turn around the politics, does that solve the problem, do you think . I think thats a substantial problem. Id even touch on what the colonel just said. I have people on the ground there, friends that have been there in the last four, five months and told me there were enormous problems getting funding from malaki to the north. Billions of dollars that were supposed to be allocated to the north never got there, was held back because of his politics. I think thats a substantial problem. I think weve got to give them the air support they need and we have to go after the money that they have, isis has, the oil fields, theyre pillaging towns. Funding is going to be either the success of isis or the demise of isis. And i think we have to go after that money. Thats interesting. Isis by all accounts runs itself almost like the mob. Its got extorsion, it sells oil. And, jim, its turning into an army. You know, like the colonel said, this isnt a small group. This is basically turning into an army of radical extremists. No question. Thats what the u. S. Military officials have been telling me. They operate like an army and hold territory like an army. Colonel, in light of the games that isis has made, how long should the American People expect u. S. Military action back in iraq, possibly in syria . Are we looking at months . Are we looking at years . I think were looking at years and the american leadership, Political Leadership needs to prepare the American People for the long haul here. This is an organization that is strong, virulent, well financed and it wont be defeated quickly like we defeated the taliban in 2001 or saddam husseins armed forces in 2003. This is going to take a while because were not going to employ u. S. Conventional forces on the ground and so its going to take a while to reform, reequip and retraining the iraqi and Kurdish Forces and it will take a while to chip away at isis and defeat them and destroy them both in iraq and in syria. Its not going to be a short, quick campaign. The u. S. At war against isis for years says colonel peter monsour. From iraq with general petraeus. Thanks to bernie kerik as well. He helped train the Iraqi Military. Great to have you both on. Thank you. News this hour that the white house will send officials to the funeral of Michael Brown in ferguson, missouri, on monday. Well have more on that. Also ahead, with the first day of school there delayed because of the unrest, hear from children who have nothing to do with whats happened, how theyve been affected by the events. Were back right after this break. Great rates for great rides. Geico motorcycle, see how much you could save. Hey pal . You ready . Can you pick me up at 6 30 . Ah. Life can be hard, buddy. Ok. Oh im so glad i got the car washed. boy im here im here cop too late. I was gone for five minutes. Gotta feed the meter. Whats a meter . Where am i supposed to go . Ugh, people ugh im five move it. Youre killing me. You know what, dad . 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South korea won the International Championship 123 over japan. They will square off against the chicago team tomorrow for the world title. Really is a world series. Now back in ferguson. Schools in ferguson are scheduled to reopen monday, 16 days after the shooting death of Michael Brown. In the meantime, a group of volunteer teachers have opened the doors of the Public Library for a school all their own. Its called the school of peace. Our own don lemon sat down with one of the students to see how shes handling whats been going on in her hometown. Reporter so what are you guys doing . Are you doing math . Whats going on . Social media is fantastic. Got on the phone, got on email, got on twitter and facebook. Said kids dont have school. What are we going to do . They end up here. Reporter do you like school here . Yes. We get to play and go outside. Reporter so your regular school, have you been to the regular school yet . No. Reporter no . So this is your regular school now for a while, right . This is my school. Reporter are you making friends here . Yes. Reporter yes . Teachers had a few art supplies, few crayons. 12 kids, thats a few. 40 kids we could manage. We can put some structure around it like were having a little school. Good thing teachers came. Then we said, okay, we need school. So we had prek, kindergarten, first grade. We had a full middle school going on with ap, Language Arts classes going on, with actual algebra classes going on. Reporter that is amazing. See what happens out of something terrible Something Wonderful has been happening. Weve been here since tuesday. Its not their fault that this is happening. And they should be able to still learn and have fun and still eat. Have a little bit of normalcy. Reporter structure . Normal things . Yes. Reporter do you agree with that . Yes. And you do, too . Say, yeah, mom. Yeah, mom. Reporter i agree with that, too. I think thats great. People from all over the country are sending you stuff, money, supplies or what . Supplies. Reporter food. Brought in supplies. A lot of the food has come from the metropolitan area. Someone from clayton came in and brought a donation. They wanted it specifically for the library to buy africanamerican books for male children. So now that library fund has been increased a little bit. Reporter thats amazing. Its amazing. Its more than reporter africanamerican books for male children. For male children. Reporter wow. Hows that . All right. Is this the solution you think or at least part of the solution as to how to help the young black males in this community . Oh, my gosh. There are so many layers to that, and st. Louis, the nation, but st. Louis and the region of st. Louis has to peel back the layers and peel back the onion. It smells, right . You peel it back and really honestly look at ourselves and look at our community and examine, how did this happen . This did not just happen. Happen overnight. The governor came here yesterday. There was a judge in here yesterday. Captain johnson came by yesterday. So all of these people to come around and, you know, circle these children to say, you know what, we adults, sometimes we mess up. Reporter we got your back. We dont get it right. Reporter right. We know youre the important entity right here. We need to focus on you. Reporter do you know about whats going on . Whats happening . Kid got shot . What do you think of that . Thats mean kind of. Reporter yeah . I think he should have did just leave the kid alone when he was doing. He shouldnt do nothing but leave the kid alone and see where he was going to and say, mister, what are you doing, and then walk away. Reporter nobody gets hurt, right . Uhhuh. But now he die. And thats bad. Reporter very bad thing. And the good thing was he hes not hes a kid but he he he do everything with his father and mama and thats why hes going to stay a kid. So he can be with his mama and his dad. Reporter he needs to stay alive to be with his mom and dad . Uhhuh. Reporter do you see the protesters and the people out on the street . What do you think of snem. I think its people in the way. Reporter theyre in the way of your car . Uhhuh. When youre trying to drive theyre in the way. People be blowing their horns. Thats too much. Reporter from the mouths of babes sometimes, huh . Do you understand why theyre out there . Yes. Reporter why are they out there . Because the boy got shot and theyre mad about that. The school of peace and a place that has seen very little of it. Coming up next, calls for the county prosecutor in ferguson, missouri, to step aside. Is that a legitimate request. Our legal analysts weigh in right after this break. Say hi rudy. [ barks ] [ chuckles ] id do anything to keep this guy happy and healthy. Thats why im so excited about these new milkbone brushing chews. Whoa, im not the only one. 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Weve set aside a lot of time to get answers from two of our best legal analysts. Jonie jackson, legal analyst at hln and in orlando, joined by mark omara. Want to start first with the prosecutor in this case, robert mccullough. Hes attracted a fair amount of controversy. A lot of pressure for him to recuse himself. In fact, an independent prosecutor take over. Mark omara, mccullough has held this job for decades. In your view, is there a case for him to step aside . I waivered early on thinking because of all the social and political pressures that maybe having somebody completely independent would help ease the concerns, but ive got to say ive sort of gotten to the point where hes done it for 24 years. I think its a dangerous precedent to say solely due to the external pressures that he somehow is incapable of doing the internal work that hes done for 24 years should only happen with a black victim, with a white shooter or the opposite or any racial disparity. I think unless he says by following his statutes and the ethical code that he has a conflict, then the rule says he doesnt. Joey, do you agree with that . I know one of the criticisms is his close relationship with police, but we had another legal analyst say all prosecutors have a close relationship here. Would an independent prosecutor make a difference . I think it would. Its not only external concerns. There are concerns for the community. There are concerns regarding the parents and there are concerns regarding justice. Now i get and i understand that hes been a prosecutor for a long time. I also its not lost on me that many prosecutors have strong ties with the police, but when youre talking about someone who himself, his father suffered the misfortune of being shot and killed by an africanamerican, you wonder how that plays on him. And also in addition to that, you just wonder whether that, the connections that he has to Law Enforcement will a swayssuam one way or the other. Thats what justice demands, thats what society demands and Michael Browns parents demand. When theres a public outcry, why have there been any question. A special prosecutor would be appointed and i think that would instill confidence in the system and allow for no question in the event that its presented and tlsz or is not an indictment. I think a special prosecutor, jim, will accomplish that end. Let me ask you this question. A lot of ingredients go into a fair trial. One is the prosecutor and the other is the venue. You look at some people are coming out and supporting the officer, Darren Wilson. Theres been a lot of Media Coverage of this trial. Do you think, mark omara, that theres a case of change of venue. Move it to another community thats less galvanized, poisoned where you may not be able to find an unbiased jury . I made the decision not to move the zimmerman case and got a lot of flak for that who didnt understand why. Generally speaking its a good move to move out of the venue where the event occurred, particularly in a case thats gotten a lot of publicity. Of course, the contraposition is theres no place in missouri that youre going to get people who dont know about this case so its really going to come down to vetting out the potential jury panel to find out what they know, have them admit everything that they know, and then try and get people who can set that aside and only listen to whats in the courtroom. Joey, you know, another issue with the grand jury, there are a lot of odd things. One, its done in secret, right . There are no cameras in a grand jury hearing. But the other thing, tell us if we have this right, the officer will actually testify on his own with no legal counsel. Thats standard procedure with a grand jury like this . Generally its not. Generally when you have a grand jury presentation and apparently missouri, every state does it differently, apparently missouri youll be invited to testify as to whether he decides to testify, that will be up to him and his counsel. Even when an attorney is present in the grand jury, even in new york, jim, your lawyer is of little significance. Your lawyer is there as a legal advisor. I tell my clients, dont look at me, dont glance at me, dont do anything. You appear coached whampt it will come down to is it will come down to the facts, the evidence, the eye witnesses, the forensics, the autopsy. It will come down to the dna evidence with respect to whether Michael Brown was in that car, not in the car. And ultimately a grand jury, remember, jim, just has to decide a very small threshold. Is there probable cause to believe that a crime was committed and that Darren Wilson committed it . If they do, that is 12 grand jurors, 9 of which could vote an indictment, which is an accusati accusation, thats it. There are other questions we want to get to including the racial makeup of the grand jury. Were getting details of that. What it could mean. Stay with us. Well discuss that question right after this. Youre here to buy a car. What would help is simply being able to recognize a fair price. Thats never really been possible. But along comes a radically new way to buy a car, called truecar. Now it is. Truecar has pricing data on every make and model, so all you have to do is search for the car you want, there it is. Now youre an expert in less than a minute. This is how car buying was always meant to be. This is truecar. [ blows whistle ] then spend your time chasing your point b. The war of 1812. [ bell rings ] you get to point b, and sometimes things change. But your journey is not done. Capella university is the most direct path to whats next, because our competencybased curriculum gives you what you need to move forward to your point c. Capella university. Start your journey at capella. Edu. Welcome back. Were discussing the legal ins and outs of the Michael Brown shooting case in ferguson, missouri. Im joined by criminal defense attorneys, joey jackson and mark omara. I want to talk now about the grand jury. We now know the makeup of that grand jury, six white men, three white women, two black women, one black man. If i could start with you, mark, does the racial makeup of the jury, in your experience, particularly in cases like this where race is clearly a factor, does it make a difference . I think it makes a difference because of the perception. As far as a legal side of it, as long as the pool from which the grand jury was picked is not infected with a racial bias, than even had there been 12 white people, it would have been a proper grand jury, but i have to say, im very glad that we have a grand jury that mirrors the community in that county because its going to be a lot easier for whatever they do to be accepted because we cant be ignorant that racial component is a huge part of the Michael Brown case. Joey, do you agree, even with the 93 split, i see an twiter of number people responding, why isnt it 93 the other way in light of people involved . You spoke earlier about eliminating questions in a trial like this. The truth is, you cant eliminate all the questions, can you . Does this look to a fair makeup to you. The reality, jim, race does mer matter. Its significant. Its important to the case that youre trying. You look for that. What ends up happening is you want to ensure the jurors who are there, no matter what their racial composition, could be fair and could be reasonable. Its of concern. When you deal with an issue of race, it deals with culture, deals with upbringing and also deals with perception. At the end of the day im confident a jury and grand jury no matter what the composition will be able to discern what the evidence is, theres a concern with a jury that is composed less of africanamericans, you knows, will they be relatable, will they be able to digest and understand and ultimately be able to be just . Im confident they will be, but theres always a concern when you talk about race. All right. So you have the fight in the courtroom, and then you have the fight outside the courtroom. In the court of public opinion. To use the cliche. But it is relevant here. I wonder in the last couple days youve started to see the opposing voice come out, for instance, a protest today, those defending officer Darren Wilson. I wubd onder, mark, in your experience, do you think its been a mistake up until this point there hasnt been someone speaking in public for officer wilson . Hes been in hiding, himself. Do you think that has been damaging to his point of view in this shooting . I believe it is a mistake. You know, before 2010 with some of the Casey Anthony case, and zimmerman case, when most of these cases now have a public persona to them, i think its very important today that the officer have that public persona through this representatives. I dont think those lawyers representing him should come out and Start Talking about facts, but i do think they should say a presentation of who he is, what hes going through, and to at least counter the argument that theres enough facts out there to make a decision and try and say what should be said in this case, which is nobody knows a lot of the facts. Nobody. And we need to wait until the process works and the system gets those facts into a fact finders hand. First it will be the grand jury, then it be the jury of trial jury if we get to that point. Joey, you talk about facts, and although there hasnt been a complete investigation, you know, god knows at this point, there have been a lot of facts thrown out there, thrown into the mix. One of them is that video, the video that took place a number of minutes before the shooting that shows a robbery taking place with Michael Brown involved. How relevant is that to this case . Or because its separated by 20some odd minutes or so, is it not, from a legal perspective, directly rell van to the shooting, itself . Well, jim, the relevance of that video depends upon what officer wilson knew and when he knew it. Now, in the event he had no knowledge at all that there was any type of strongarm robbery, of course, the relevance is diminished because in his mind hes telling people to get out of the street for jay walking. What sense of fear would he have at that moment . Did he know, was he aware at all there was a robbery, such he knew he had to be guarded, he knew he might have to use some type of force because of the robbery. In the event he was unaware of it, its relevance you have to question, you know, how significant is it really . Now, some have made the discussion that it would be relevant with respect to Michael Brown and what he was thinking at the time, but irrespective of that, what it comes down to, jim, is whether or not imminent threat was posed and whether or not the force used was proportionate to that threat that was posed at the time. And if the answer is the force was not proportionate, then of course Darren Wilson has some explaining to do. Joey, mark, great to have you on. You answered a lot of my questions for sure about this case. Pleasure and privilege, jim, be well. Thank you. The same. Take care. Well, coming up now, we have an update on a tropical depression brewing in the caribbean this evening and its only expected to get stronger. Cnn meteorologist Jennifer Gray has the very latest. Jim, we are looking at our latest tropical depression number four, and it is finally getting its act together. It is a ragged looking storm, but now that it has pulled away from the Dominican Republic into those warmer waters, right around the southern bahamas, turks and cake koes, kay keycaio strengthening, organizing the next couple days. Right now, 35 Miles Per Hour winds moving to the northwest at 12 Miles Per Hour. Heres the latest forecast track from the National Hurricane center, possibly becoming a Tropical Storm by turk. Then even becoming a category 1 hurricane. The forecast track does have it staying to the east keeping it away from the u. S. , but you can see how wide the cone is. So still a little bit of uncertainty there. Any little wobble in this forecast track could cause a bigger impact on the coast. Meaning higher surf, rip currents and even bigger impacts than that. So all eyes are going to be on the storm which could become cristovol by tomorrow. Were going to be watching this very, very closely, jim, for the coming days. Thank you, jennifer. Im jim sciutto. A marathon of john walshs the hunt begins right now. Back in 1981, i had the american dream. The beautiful wife, the house in the suburbs and a beautiful 6yearold son. And one day i went to work, kissed my son goodbye, never saw him again. In two weeks i became the parent of a murdered child, and ill always be the parent of a murdered child. I still have the heartache. I still have the rage. I waited years for justice. I know what its like to be there waiting for some answers. And over those years, i learned how to do one thing really well. And thats how to catch these
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