Transcripts For MSNBCW The Last Word With Lawrence ODonnell 20140820

Investigating the killing of Michael Brown. Some local politicians have been demanding the appointment of a special prosecutor. You heard the governors reaction to that. I will ask Benjamin Crump if he thinks this case needs a special prosecutor and ask missouri senator Claire Mccaskill if she thinks a special prosecutor is needed. What do we want . Justice. Theyre emboldened and loud and still marching. A tense night of protest. Another Police Involved shooting. In a Community Already on edge. Just 2 1 2 miles from ferguson. A suspect armed with a knife. Appeared to be unrelated to the ferguson protest. When he closed within three to four feet, officers fired their weapon. People were furious and angry. The last thing we need is violence in our neighborhood. What if anything can calm the tensions in ferguson. Everything seems locked in this cycle. Another night of tear gas and flash grenades. What a scene. The anger just boiling over. The National Guard has done nothing to calm the nighttime violence. Protesters are known in ferguson as the militants. More interested in raising hell and stealing stuff. Protest during the daytime. Stay home at night. These people are crying out for justice. Justice will bring peace, i believe. There is no curfew in ferguson again tonight. Police are operating under the same rules of last night. The protesters must keep moving and not congregate. Some Community Leaders encouraged protesters to leave the area after dark. This is live imagery from the streets right now in ferguson, missouri. Today, the Justice Department said that a team of federal medical examiners completed their autopsy of Michael Browns body monday. Michael brown will be buried on monday of next week. This morning on the today show matt lauer asked Michael Browns parents about the situation on the streets of ferguson. What will bring peace to the streets of ferguson . Justice. Justice will bring peace, i believe. Only if that justice results in the arrest and charges being filed against officer wilson, is that what its going to take . Yes. Him being arrested, charges being filed, and a prosecution, him being held accountable for what he did. Joining me now from ferguson, trymaine lee, reporter for msnbc. Com. The situation behind you any way looks peaceful. Reporter its certainly peaceful. On one hand, its always the calm before the storm. I dont want to jump ahead of myself and say how calm it is, but its very much like it was last night. Were going into the second week of protests. While people are tired, theres been gassings every night, theres been constant growling, but theyre still at it. Again, we have a couple more hours and well see if that element that people talk about, if they emerge and if we will see a repeat of last night and the night before and the night before that with the militarized police and the gas. As of right now, its peaceful. There are two checkpoints, one down the road, and another right when you enter the road here. So police are locking folks in. It seems to be having an impact on the crowd. Its thick out here but not as many as in days past. Craig melvin got to ride along with captain ron johnson today, talking about those tactics theyve been using there. Lets listen to this. One of the major complaints has been the departments use of tear gas. Indiscriminate is theres been women, theres been children and journalists that suffered the effects of that. Whats your response to that . Like last night and the night before, when subjects are shooting guns and so forth, none of us can walk up to a gun. None of us can walk up to a gun. We come out with a loud speaker and ask everybody to disperse. Nobody disperses and then this element gets behind the crowd and throws molotov cocktails. Weve got to move the crowd back. But we cant walk up to a gentleman with a gun. You guys didnt have a choice . The way that we have addressed this, when we needed to in a serious situation, we havent had a choice. Trymaine lee, last night they did find one molotov cocktail and they exhibited it at the end of the night. Is that the first time theyve shown Something Like that of what theyve collected . Reporter from what i understand, its the first time. You hear a lot about these molotov cocktails, but theres not a lot of molotov cocktails exploding. Theres a lot of things people are saying. But again, the use of the tear gas is a main factor that creates this resentment even more. There is a small element of people who are waiting for a conversation with police, but there are women and children and babies and fathers and families out there who have suffered the effects. The use of that tear gas is a critical Sticking Point because its so bad. Msnbc. Coms trymaine lee, thanks for joining us. Well get back to you as the situation develops. Reporter thank you. Joining me now, democratic senator Claire Mccaskill of missouri. Senator, the issue of the night it seems now in missouri politically and both in terms of whats going on in the street there, protesters, demanding a special prosecutor in this case. We just got a statement from Governor Nixon and his reaction where he says, im not asking the prosecutor to recuse himself. He says, theres a well established process for that. Hes leaving it to the prosecutor himself to decide whether to do that, and he justifies that by saying departing from this established process could unnecessarily incorrect legal uncertainty into this matter and jeopardize the prosecution. Senator, do you believe there should be a special prosecutor in this case . Well, first, lets look at what the prosecutor said today. The prosecutor said today, i will not walk away from my responsibilities. I was just reelected. He has been the prosecutor in this county for almost 25 years. Has one of the most professional and respectable prosecution officers in the state and in fact, in the country. So hes said im not walking away. But he also said i understand the government has the power to remove me under his state of the emergency powers. So you have a governor who could look at this situation and decide if the perceptions of some in the community, which im not sure are grounded or fair, if those present such an emergency then he is the only person, the governor, who can remove the prosecutor. And tonight, hes given that prosecutor a vote of confidence. What hes said is he will remain in the job. The job that the people of this county elected him to do. I believe that he will be fair. But if the governor thinks that he cant be fair or if the governor believes this community is so riled up about him as compu prosecutor, hes the only person. He said he respects that authority, but he wont walk away from the job unless the governor tells him so. If you were in the governors position, would you leave this prosecutor in the case given its one of the demands of the protesters there that this prosecutor be replaced . I would, but i have a unique look at this prosecutor, because ive prosecuted alongside him. I have known him for 30 years. I know hes fair. You have to understand, the only allegation against this prosecutor is he cant be fair. What does that say to the people of this county . We have a process in this count try where people are elected. You dont come along and just remove someone from that job unless it is under the powers of an emergency. Ed magee, the spokesman for the prosecutor, told nbc news today the following things about how they intend to proceed. Its hard to believe that anyone who is going to find this adequate. He says that theyre using the regular grand jury, which meets once a week. They will continue doing that until at least early september, when that grand jurys term expires. So that grand jury, although they may be starting tomorrow on this case, theyre just going to be presented with evidence once a week. Secondly, in september, they expect to empanel a special grand jury, which will basically be the same grand jurors as now, but called a special grand jury, and the District Attorney Spokesman Says they believe it will take weeks and possibly months. How is that kind of delay on what looks like a very simple case with two participants in it, a shooter and the person hes shooting, how does that kind of delay become acceptable in this case . First of all, you couldnt be more wrong about it being simple. You have a lot of forensic evidence that has to be processed. You have casings, trajectory, blood work, dna work. And not only does that have to be done by the prosecutors office, it has to be replicated by the Justice Department. This is going to be this is not common, but the Justice Department is redoing every forensic test that must be performed. So not only do we have a local and state prosecutors but federal prosecutors looking over their shoulder, checking their work and independently doing that work. It is not unusual for a grand jury to meet once a week. Its good theyre continue thing grand jury, because seating a new grand jury would be more delayed. I know this grand jury is diverse. I know the two assistant prosecutors in charge of presenting this evidence are seasoned veteran prosecutors, and one of them is a high hi respected africanamerican prosecutor. They will be making the evidence presentation, and all of the evidence will come in. So it will take a long time. It may be they ask the judge, maybe they have them meet more often than once a week. But part of it is making sure these investigations get done at approximately the same time. We dont want there to be a lag where one system has made a decision and the other system hasnt. We want these decisions to be made at the same time so theres not this in between time which could invite more violence. Senator ie er iore er ior is is your basic message about this investigation by this District Attorney, given all the information thats been released about it tonight, including the once a week, which i know is standard for standard grand juries, once a week is common. He says during the once a week meetings, this grand jury will still be considering routinely other cases that come up. How will you present that to the people of ferguson as being a satisfactory process at this stage . The prosecutor has already said, lawrence, every bit of evidence thats come in front of the grand jury will be public. He will present it all, either way. No matter how this case goes in front of the grand jury. Hes tried very hard we cant make it transparent now. Heres the problem. You release the physical evidence now, then you dont have a way to check the credibility of witnesses. Witnesses start conforming their testimony to what they know the physical evidence is. So as the fbi and by the way, fbi is canvassing for witnesses. 40 fbi agents. Theyre taking a lot of these statements. The fbi is going to look at these statements, check them against the physical evidence, that will give us a lot more information about who is credible and who is not. Senator mccaskill, as weve watched this unfold, the big question is how can the cycle be broken where some provocateurs, and it seems like a small number each night that this has happened, provoke the police into a response that then outrages many people in the communality who were not part of that provocation group . By the way, i think there are only four people arrested in the last few days from ferguson. If the people in the community would go home when it gets dark so the provocateurs could be isolated. The problem is, the police are very worried. Weve had seven shootings. We had a man shot dead by somebody in the crowd on friday night and its not even been covered. Weve had seven shootings. One of them dead. And they want to keep the people who are wonderful, godloving, i love these people. Ive been out there protesting, talking to them about their rights to protest. They are masking the bad guys here. If they would go home and allow the exposure of this element that has really embedded themselves in this community, it would make it a lot easier for us to provide public safety. We also have to talk about some of the things that we can work on to make other things better, like for example, the mayor ran unopposed in ferguson. Most of the councilmen ran unopposed. We had a 5 turnout from the africanamerican community. We have to get more people involved in the political process. Senator, thank you very much for joining us tonight on this difficult night. And also thank you very much for bringing your unique perspective as a former prosecutor in missouri to this discussion. Thank you very much, senator. Thank you. Coming up, the attorney for Michael Browns family, Benjamin Crump, will join me. And later, the story behind why so many people think the st. Louis county prosecutor should recuse himself from the Michael Brown case. daughter im really tired. vo the transfers. Well, thats kid number three. vo the copilots. All sitting. Trusting. Waiting. For a safe arrival. Introducing the allnew subaru legacy. Designed to help the driver in you. Care for the passenger in them. The subaru legacy. Its not just a sedan. Its a subaru. Finally, the purple pill,hr the 1 prescribed acid blocking brand, comes without a prescription for frequent heartburn. Get complete protection. Nexium level protection™ 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. Thats the scene right now live on the streets of ferguson, missouri, protesters out, ordered to continue to move. Theyre not allowed to stop and congregate in one place. So you see that movement. All entirely peaceful, so far. Up next, the attorney for Michael Browns family, Benjamin Crump will join me. No matter where you want to be or what you want to do, chances are were already there. 12 brands. More hotels than anyone else in the world. Like super 8, where every destination is super. For a chance to win one million dollars, visit wyndhamrewards. Com the summer of this. Mmer. The summer that summers from here on will be compared to. Where memories will be forged into the sand. And then hung on a wall for years to come. Get out there, with over 50,000 hotels at 150 dollars or less. Expedia. Find yours. A vigorous prosecution must now be pursued. The democratically elected st. Louis prosecutor and the attorney general of the United States each have a job to do. Their obligation to achieve justice in the shooting death of Michael Brown must be carried out thoroughly, promptly, and correctly. And i call upon them to meet those expectations. You see live images right there on the streets of ferguson at this very hour. So far the protests are peaceful there. Michael browns parents discussed the situation in ferguson this morning on the today show. Do you think this continuing violence in the streets of ferguson night after night runs the risk of overshadowing that search for justice . In some ways does it detract from justice for your son . No. No. I think that it does somewhat. Because it is a distraction, but we wont let it distract us to the point where we lose focus. We have to remain focused and we have to remain strong and the violence needs to stop. When justice is prevailed, maybe theyll regain their trust in the locals. But right now its out of control. We need to keep the focus on Michael Brown. Thats who we need to keep the focus on. Joining me now is the attorney for Michael Browns family, Benjamin Crump. Benjamin crump, we know that attorney general eric holder is coming to ferguson tomorrow. Are you scheduled to meet with him tomorrow or anyone from Michael Browns family . Lawrence, we are making sure we dont do that, because the family has always requested that the federal government and the federal authorities take over the entire investigation. So we dont want to have a meeting to where people say hes biased. Because the family truly desires not to have the local authorities prosecute this case. I want to get your reaction to what has become the issue of the night, which is the prosecutor in this case and the local prosecutor and should there be a special prosecutor . Well, i know the family is concerned about the grand jury process. They, as i talked with them, and we tried to make sure they understand all these technical legal matters, lawrence, they dont understand why the prosecutor wont just charge the Police Officer, why does it have to go to a grand jury . Because they see people in their community that dont get the benefit of going to a grand jury proceeding. They just get charged outright. And the whole grand jury proceeding is troubling to them, because its a secret proceeding that is not transparent. And as you know, they have a great distrust in the Ferguson Community with the local Law Enforcement agencies in the prosecution office. So one of the things the family has really pushed for in the whole community, and thats why you see all the protests, theyre saying we dont trust that Michael Brown is going to get justice. Its not going to be fair. So we need really to have it fair and transparent for people to accept whatever decision is rendered by a jury, if he is first arrested. Well, the District Attorneys spokesman ed magee tonight has revealed that he says that officer Darren Wilson has been interviewed by investigators. We dont know who those investigators are, we dont know whether that includes the fbi. It says he will be offered the opportunity to testify to the county grand jury. It is unusual for the person being investigated to be invited to testify to grand juries. What do you make of that . That certainly is interesting, because most criminal defendants are given the right to their fifth amendment privileges. If he waived those rights, i guess he has the right to waive those rights. But thats troubling, because again, its a secret proceeding, and nobody knows whats presented to the grand jury. So you have to come back to that crowd out in ferguson, and say, you just got to take our word that we did everything we could to present a case to the grand jury, and they just decided that he shouldnt be indicted. I dont think the community of ferguson is ready to accept that. With so many of them being out there that afternoon, lawrence, where they saw that boys body laying on that concrete for almost five hours. It was very, very troubling for not only his mother and daddy, who was out there for almost five hours crying, wanting to get answers from the police, and being treated very coldly. But a lot of the members of that community, and thats why theyre so passionate about this, and this was in broad daylight. Its not like the normal Police Shootings that happen in the dark of night. This is in broad daylight. And a lot of people were affected by this, and theyre emotionally charged, and theyre saying we have to get justice this time. This is an unusual case because there is there is no police story out there. There is no account by the police that says anything about what happened a of the Police Officer got out of the car. They take their account right up to the point where he got out of car and say he fired a bunch of shots. But we do have Tiffany Mitchells testimony, eyewitness who spoke about it on this program. There are no eye witnesses who have come forward yet to say anything that contradicts basically what we heard from tiffany mitchell. I played what she had to say last night for shawn parcells, who worked on the autopsy. He said there was nothing in their autopsy findings that contradicts a single word that she said. Isnt that one of the tensions that is actually growing in the community, is that Tiffany Mitchells story is out there, and so far the police, the investigators, the prosecutors, have offered absolutely no story from their side of this situation. And youre right, lawrence. The autopsy, unfortunately, confirmed what those witnesses said, that this young man was executed in broad daylight by a Police Officer. As michaels brother leslie asked me, what else do we have to do to get him arrested . Because in their mind, its not complicated because they see stuff in the community all the time where people are arrested with far less evidence. And to say its excessive, how he shot him multiple times, especially the last two shots, lawrence. The head shots were fatal shots. The evidence is clear from the trajectory of the bullet, that either he was falling down or you try to accept this notion that nobody has documented it in the police report. But to say that michael was charging him. He would have to be running at a perfect l, 90 degree angle for that bullet to hit his head backward to forward. The science isnt there. It doesnt add up. Its far more logical to conclude what the witnesses said, that he was executed. And its worth noting that absolutely no witness has come forward and ever said that michael was bent down and charging anyone. Theres no witness who has said that. That is not part of the collected evidence of this case. Theres no Police Officer who has claimed that. That is just a theory thats being thrown out there. Benjamin crump, thank you very much for joining me on what i know is a very busy time for you. Appreciate your time tonight. Youre very welcome, lawrence. Coming up, why so many people, including politicians, have been calling for a special prosecutor in this case. W car sl and the freedom of the open road . A card that gave you that im 16 and just got my first car feeling. Presenting the buypower card from capital one. 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Ive been elected by the entire county, by a pretty significant number seven different times, including about 11 days ago. So its not uncommon for in just about any high profile case anywhere for somebody to say the prosecutor isnt going to be fair, cant be fair. It just sort of goes with the territory. In a letter to the prosecutor today, a Missouri State senator said this about the District Attorneys recent political campaign. For the past few months, you have been involved in perhaps the most racially polarized election in the history of st. Louis county. The senator closed the letter by saying, youre demonstrating mag anymore ty and turning this matter over to a special prosecutor will be liz brown, this issue heated up just within the last hour. We have the governor coming up saying he will not appoint a special prosecutor. Earlier in the day, the District Attorneys office was letting people know that he has the power to appoint a special prosecutor. It seems like his team wanted the world to know that the governor has this power to put the heat on him, and the governor threw it right back to the District Attorney saying the District Attorney alone has the power to recuse himself. And isnt that interesting . Isnt that protective for both individuals . I think this is such a serious issue, lawrence. We are asking we are raising the question up, does this prosecutor have the stomach, have the desire, have the energy, have the interest in prosecuting the man who shot and killed Michael Brown with the same type of energy that he would have in prosecutor Michael Brown if he were charged with shoplifting . And how do we get to a place where we believe that this prosecutor will pursue this case with the same type of vigor . Theres distrust involved. Theres history involved. And we have to ask those types of questions. Has he, in the past, demonstrated that he is interested in prosecuting africanamericans or white citizens the same way that hes interested in prosecuting africanamericans . And if i might just for one second, lawrence, i think this is so important that there was a case a number of years back, the jack in the box shooting. Two africanamerican men were pursued by a dea agent and a Law Enforcement person from the city of dellwood. 21 shots were fired. They were there on a drug investigation. Assuming that everything was correct about one of the people in the car, he had lowlevel drugs on him. The other person was simply an innocent passenger. People in the community was concerned. The prosecutor refused to meet with them. People in the Community Asked for questions to be answered, and the d. A. Said we dont have anything else to say about this. And more importantly, when we look about how hes used the community of african descent, he stated both of these guys were bums. Really . We have one person, okay, involved with drugs. But on the other hand, we had an innocent person. How are both individuals considered viewed as bums in the eyes of this prosecutor . So it appears from that the 21 shots fired at those two people in that car, they were unarmed as it turns out. And here we have an unarmed shooting again. The District Attorney has said today that they intend to begin tomorrow and to put the grand jury through that customary grueling schedule that they have of meeting one day a week to work on this until later in september when he can empanel a special grand jury. What is your reaction to that, one day is good enough for now . Again, it goes to the point i was making before about the desire of this prosecutor to prosecute this case with vigor. I was listening to your comments with your last guest, and i was stunned to hear you say that his office is considering allowing the officer to testify. Prosecutors, in a grand jury, they can indict youve heard it before, lawrence, a ham sandwich if they want to. No prosecutor, who is intending to obtain a conviction, allows the defendant to speak to the grand jury. If youre really trying to get an indictment, you put forth the evidence to get an indictment. If you are trying to have the defendant be heard, which is unusual in during a grand jury hearing, you never let the defendant talk, because you want an indictment. And then you move forward from it. This Police Officer is being offered to do something that rarely, rarely, rarely happens and also it doesnt happen unless you want a different result. The spokesman for the d. A. Said clearly, he will be offered the opportunity to testimony to the grand jury. Stunning. It is. Very unusual. Liz, one more thing. The d. A. Says that these grand juries are specifically composed by judges to be, as he puts it, a very diverse body. They include every demographic category in the county. Is that your experience with grand juries there . Thats my experience, but to a certain extent, it matters not. It doesnt matter if the grand jury can only act on the information and the evidence that the prosecutor chooses to put before them. So they could be 100 black. But the prosecutor only puts out a certain amount of evidence, then theyre going to have to decide not to convict. Liz brown, thank you very much for joining me tonight. Really appreciate it. Thank you for having me, lawrence. Coming up, what happens tomorrow when that grand jury begins to go to work . So factors like diet can negatively impact good bacteria . Even if youre healthy and active. Phillips Digestive Health support is a duoprobiotic that helps supplement good bacteria found in two parts of your digestive tract. Im doubly impressed phillips Digestive Health. A daily probiotic. Moderate to severe is tough, but ive managed. 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Honey, you did it baby laughs that is live courage of the scene on the streets of ferguson, missouri tonight. Things remain peaceful there. We will go back to the streets as soon as anything changes. And theres anything to report from there beyond what youre seeing right now. Tomorrow, attorney general eric holder will travel to ferguson where he will meet with fbi investigators, as well as federal prosecutors and several local leaders. According to the st. Louis county prosecutors evidence, a grand jury will begin hearing evidence in the shooting death of Michael Brown tomorrow. Joining me now is msnbc Law Enforcement analyst jim cavanaugh. Also joining me here in los angeles is former prosecutor marcia clark. The only way to get into a grand jury room is to be a prosecutor or a witness. Or a grand juror. Take us inside that room. Everyone says its a room controlled by the prosecutor. Pretty much. Thats true. You do have the grand jury foreman who is there. But thats another hlayperson. The only lawyer in charge is the prosecutor. I never liked going to grand juries. But i have to wear both hats. I have to be the defense attorney, as well as the prosecutor. So i have to stop the witnesses from making comments that are hearsay, and i have to cut them off. Its really annoying. Youre also being the judge, because there is no judge. I find i cut myself off a lot more than a judge does. But it is the prosecutor alone, so you have to trust that the prosecutor is going to do the job fairly. Based on what we know about this case, which i insist is a simple case. People are going to be able to talk about how complicated it. But simple shooting, one gun, one direction of fire. Whats your first day in the grand jury tomorrow . The first day i set the scene. I have the as many witnesses as i can describe where they were we can bring three witnesses in there right away. You can make an opening statement. I would make it very brief, because i dont want to taint the jury. I would say, were going to present testimony regarding the following. Of course, everybody is going to know what youre talking about, so you dont need a big opening statement. And i start right away, bang, put all the witnesses on that you can. I would try and get as many of them as possible to give the jury as complete a picture as possible. Ultimately, you want to be able to assure everybody that you have given a total picture so that a fair decision can be made. Jim cavanaugh, we hear everyone we can interview on the streets of ferguson saying, and Michael Browns parents saying the thing that will calm things down more than anything else is justice or the sense that theres Movement Toward justice. You have the District Attorney currently in charge of this case releasing word today that they expect it to take weeks, and possibly months, which is them saying months. Theres no reason to put months in there if they didnt mean it. You heard marcia clark talk about day one tomorrow, just bring the eye witnesses in. We already know who some of them are. How complicated should this be . I agree with you, its a simple case. Watching your segment about the prosecutor recuse himself, i think in the home state of harry truman, its unbelievable. Just awful. Ive testified as a witness in many federal and state grand juries. I testified as a witness in many hearings in federal and state court as a Police Officer, and as a federal agent. And shes exactly right, it can be a very streamlined process to indict someone on a case as simple as this. Youre going to have the key witnesses youve seen on tv, maybe a few more. You have a medical examiner. You have detectives that will come in and talk about whether shots were fired, what the officer was on call for. It can be summed up pretty quick and presented for a true bill. But the case can also proceed with the complaint and a warrant based on probable cause, after a prosecutor, like marcia clark. I know shes done it many times. You go to a federal or state magistrate, and he decide it is theres probable cause. If you were there, how would you hand this will case as a District Attorney . I would put it on through a preliminary hearing. In that case, you have a public hearing. Everybody sees it. Its an open courtroom. Its a probable cause hearing. You put on all of the evidence so that everyone can see it. Especially in a case like this, where the tensions are so high and theres so much mistrust. The process is critical that everyone trust the process so that you have an outcome everyone can get behind. Its necessary. What its legally required, whether he should be recused legally or not, im talking about doing whats necessary to mend the community. And give them a sense of confidence. Youre the District Attorney with jurisdiction over this community that were looking at on television right now that has been drenched in tear gas for several days. You have a different evaluation to make about your standing in this case, when you see that this is whats going on under your jurisdiction. I agree. Heres the thing. I understand that the prosecutor, the assistant prosecutor is going to present this case, not him. But he may have say over what they present and what they do. Hes the boss, the ultimate boss. But the bottom line is, if youre the d. A. Of the county, you want to make sure that youre going to do everything you can to heal your community. And whatever is the best thing to accomplish that, do it. You of course have to go through the process. You have to process this case. Do it in a way that inspires the most confidence and i think that you dont want to stand on ceremony and start getting ego driven about whos going to be the boss and whos going to do this. No one is suggesting that the District Attorney then hand it over to a process he doesnt trust. Were saying hand it over okay, marcia clark, we have to break it right here. Thank you very much for joining us. Jim cavanaugh, well be back with you with more of this. Well have more coverage with whats going on in the streets of ferguson. In new york state, were changing the way we do business, with startup ny. Weve created tax free zones throughout the state. And startup ny companies will be investing hundreds of millions of dollars in jobs and infrastructure. Thanks to startup ny, businesses can operate tax free for 10 years. No property tax. No business tax. And no sales tax. Which means more growth for your business, and more jobs. Its not just business as usual. See how new york can help your business grow, at startup. Ny. Gov so factors like diet can negatively impact good bacteria . Even if youre healthy and active. 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He should have received a statement or should have given a statement immediately after the shooting. By now, a week and a half later, hes had a chance to review the autopsy results, the statements of all of the witnesses and to conform his story to what they have said. Listen, if im representing a defendant, thats exactly what i want. But if he wants justice, he should have given a statement early on. Jim cavanaugh, the District Attorneys spokesman said that officer wilson has been interviewed by investigators. Heres what we dont know. Who were those investigators . Did the fbi interview him . As we know, its a crime to lie to the fbi. Its a crime to lie to local Law Enforcement under certain circumstances. When, as lisa said, was he investigated . Did he write an incident report . There is no evidence that we are aware of now that he even wrote a report or responded in any way to his commanders the day he did this. Right. Normal procedure would be for the officer involved in the shooting, we had a lot of departments, and usually within 24 hours, you give the person some time because theyre stressed. Usually its 24 hours and they are interviewed by internal affairs. But in this case, it was the county Police Homicide bureau that would have interviewed him. They would have taken his statement down, what happened, the facts, and an incident report. So he would have given an early on statement to county homicide detectives. But were guessing that, jim. They dont specify. Normally yes, i know what the normal is, but they dont specify and we dont know. Go ahead, lisa. Consider this prosecutors choice to go to a grand jury, what a gift that is to this Police Officer, because now he will be testifying in secret, behind closed doors. If the prosecutor had chosen to go by way of a preliminary hearing, which is the norm for a felony case, that would have been open to the public and the community would have heard what the officers testimony was. Jim cavanaugh and lisa plume, thank you very much for joining me tonight. Our coverage continues now with chris hayes, who remains live in ferguson. Ferguson. We are live here in ferguson, missouri. Night has fallen and itst typically around this hour that things get really tense. Last night there was a peaceful ande1 fairly calm protestq and turned into another night of tear gasfa and crowd control. Tonight right now, if there are protesters, you will see them in the ground. Hands up, dont shoot. Last night there was essentially two checkpoints set up and a