grand jury to go along. if there were a handful of people in that room who didn t think there was probable cause this could have stopped this from going to trial. joe, you said the prosecutor count get an indictment. didn t want an indictment. the prosecutor presents both sides. when have you seen the prosecutor present other than their own side in the case. the thing that will change as a result of this, we re a nation of checks and balances. that s what makes our system works. this is one of the few last places where there s no checks and balances between police and the judicial system. it shows there are no checks and balances. i think there are checks and balances. not with grand jurors. the problem is grand juries. it s so arbitrary. you give the prosecutor so much discretion that the prosecutor can indict he or she wants to indict and let pass who he or she wants to pass. so, i want to get your gut. dan, can you show the video and we ll look at it from a
time now to take a look at the morning papers at 26 past the hour. the guardian an al qaeda affiliate in yemen is threatening to kill an american hostage after last weeks failed rescue attempt. luke summers a photojournalist was abducted last year. in a newly released militant video the 33-year-old pleads for help. several militants were killed in the mission to rescue somers. but he had already been moved to another location when the commandos arrived. the hartford current the town of newtown, connecticut now tones property once belonging to sandy hook shooter adam lanza and his mother. in a meeting wednesday the town s legislative council approved the acquisition. still one clear what will happen to the property.
that s absolutely right. saying that the second he got into the ground, saying he couldn t breathe, that s just not the case. he continued with the chokehold. shoved his face in the cement. and you can spin it anyway you want to spin it in front of the grand jury, but this video speaks for itself. but the d. a.is not supposed to spin it. the d. a.is supposed to go hard and saying in cross-examine him and defend it and saying it does not match up. then utilize that record at trial to show inconsistencies. you know, congressman, you know, because you ve done the job, that the d. a.depends on good relations with cops to be able to indict other people, to get prosecutions for testimony and maybe we re talking to al earlier, al sharpton earlier today, maybe there s just a structural deficiencies that doesn t really allow a tough
industry. they work for us. that stems have gotten out of hand. good way of putting it. in some cities. we have to get back to the notion they work for us, they should reflect the community they serve far more than they do in many instances. not new york city. new york city for my money is still the finest police department in the world. we also heard about ran paul who made some news yesterday. let s run the clip of ran paul when he was talking about what mia had brought up. i think it s hard not to watch that video of him saying i can t breathe, i can t breathe and not be horrified by it but i think there s something bigger than just the individual circumstances. obviously the individual circumstances are important, but i think it s also important to know that some politician put a tax of $5.85 on a pack of cigarettes so that driven cigarettes underground by making them so expensive but then some politician also had to direct the police to say hey we want
and i hope that eric holder looks at what took place in that grand jury room. they will be doing that. my question to you given your expertise what could have been the instructions. what could have gone in there? what are the potential other parts of the story that we don t, we don t see? well, you know, i can t imagine other than the d. a.not letting them know all they have to determine is not guilt or innocence but probable cause to believe that a crime was committed and that the individual accused committed the crime. the tape says that. also shows that the procedure of using chokehold is illegal and so clearly that was out of bounds so to me that in and of itself is reason for a prosecutor to say you should come back and ask them, come back with an indictment. what i don t understand is that the officer s testimony doesn t square up with what s on the video.