Transcripts For CNNW New Day 20141125

Torched in the worst conflicts to date as outrage ran through the streets. Local authorities thought they were prepared. That tear gas would not be needed. They were wrong. Here come flashbangs and cannisters coming up at us. Were getting gas right air. Gas shot around reporters forcing the crowds to flee. Further down the street, Police Firing more tear gas. Directly into the crowd. Officers trying to disburse the crowd, but there would be no control. I didnt see a lot of peaceful protests out there tonight what ive seen tonight is probably much worse than the worst night we ever had in august. All this because a grand jury refused to indictment officer Darren Wilson. Small groups of agitators ravaging ferguson, looting businesses and setting fire to Police Cruisers. Tears streaming down the face of Michael Browns mother after the decision was read. The grand jury deliberated over two days, they determined that no probable cause exists to file any charge against officer wilson and returned a no troo bill on each of the five indictments. Browns parents saying quote were profoundly disappointed that the killer of our child will not face the consequence of his actions. Officer Darren Wilsons lawyers releasing a statement officer wilson followed his training, followed the law. Minutes after word of the grand jury decision, president obama called for peace. Hurting others or destroying property is not the answer. Prosecutors released all evidence presented to the grand jury, 24 volumes of transcripts reviewed by the 12 grand jurors, seven men, nine women, nine white three black. Photos of officer wilson taken immediately after he fatally shot the unarmed black teen six times. More photos of the scene itself. We know wilson testified when he first saw brown and his friend walking in the middle of the road on the morning of august 9th he yells quote, hay guys, why dont you guys walk on the sidewalk. And wilson testified that brown slammed the patrol car door. These photos showing a swollen right cheek, scratches on the back of his neck. Wilson says after a tussle over his gun, and two shots fired in the car, brown takes off. Wilson pursuing him down the street yelling, get on the ground. The teen eventually stops, turns towards the officer with quote an aggressive face. Officer wilson says brown then charges him. And when brown was only eight to ten feet away, the officer fires two fatal shots. Hitting him in the head. The word of officer Darren Wilsons testimony has only led to more and more questions here about whether the story makes sense. But bottom line, it seemed to make sense to the grand jury, because it was probably the most powerful piece of evidence they were presented with. What we also know for sure is in response protests. Theyre getting so intense and so dangerous in ferguson that firefighters who were trying to respond to the fires, had to flee, leaving their hoses behind. Protests werent just here, they flared up in cities across the country, including los angeles, seattle, chicago, philadelphia and new york city. Lets bring in stephanie elam, shes been in ferguson all night. Stephanie first of all, are you okay . I know you got hit last night. I wasnt with you, but i was hearing it as we were doing our reporting. Youre doing okay this morning . Yeah, no, were fine. Other than being cold, we really cant complain, chris, thanks for asking. While were out there, the one thing was really clear about what we could see there was no one in control for a good part of what was happening here in ferguson. Peaceful protests erupting into chaos. After the announcement of no indictment. What are you saying . That our lives are not equal . Our lives are not worthy . Not even day in court . Thats what you just said. Its another example of a miscarriage of justice. Angry protesters clashing with police hurling bottles, rocks and bricks at officers and the media. People are throwing stuff at me right now. Its that kind of scene out here right now. Protesters attacking police cars, shattering the window of this cruiser as cops run in with guns drawn to disburse them. But mayhem on the streets looking like a war zone. Gunshots ringing out throughout the night. Flames engulfing several police cars, buildings ablaze, roaring out of control. Some burning to the ground. Firefighters stretched thin with the number of fires erupting and moving out fearing their own safety. Widespread looting, several businesses vandalized, including ferguson market and liquor, where brown had allegedly stolen cigars before his death. You need to get out of the street or you will be subject to arrest. Police in riot gear and armored trucks, firing tear gas and smoke bombs into crowds refusing to disburse, forcing demonstrators to run. Anger and frustration about the grand jury decision spreading across the country. Protesters in chicago facing off with police as they voiced their anger. In new york, massive crowds marching through manhattan, reaching three major bridges with one known arrest. Protesters in times square even throwing fake blood at new York Police Commissioner bill bratton. Demonstrators gathering outside the white house, weaving together on the ground along pennsylvania avenue in oakland,le california, protesters shut down the expressway, lying down inside chalk outlines drawn on the streets. A similar scene in seattle, where demonstrators dropped to the ground. The man who simmered tensions this summer urging restraint in the aftermath of chaos. We definitely have done something here. That is going to impact our community for a long time. Thats not how we create change. Change is created through our voice and not through destruction of our community. Nevertheless, no matter how you break it down, a very disappointing, very upsetting end to this evening. A day that people had been waiting for for so long to find out what the fate of Darren Wilson would be and chris, when you look at it i really cant see any way you can find a win anywhere all this. It looks like everyone is losing something after how everything played out today. Thats tough to disagree with, and you know hopefully we have seen the worst of it. But you just cant know right now. Lets discuss with some of the people who were playing roles here last night we have pastor robert white, with the peace of mind church of happiness here in ferguson. We also have liz brown a columnist with the st. Louis american. The citys largest africanamerican newspaper. Now rev, its good to see youre safe this morning. I was here with you last time. You played a very Important Role in organizing protests, keeping it sill on the ground. Different situation last night. Very different. And you were surprised by it. How so . Well the biggest surprise, chris is that after all the planning from august to now, after all the conversations with lawmakers, i put it like one of the clergy person said last night were mad as hell. Were mad because we tried to put ourselves on the line to help protect our citizens. But we were not involved in that conversation about the planning, that captain johnson and the chief and Governor Nixon talked about. They said we were going to be safe. They said they were going to protect our buildings and protect our businesses, and yet, the city is up in flames and particularly not on south florrisant road, but the west florrisant road, the blackonblack businesses. It seems that the community was going after its own with the blackowned businesses. Why do that . Chris, you and i, we got tear gassed, i was right behind you when the tear gas started. There was a huge concentration of officers, you guys need to be over on west florrisant where the crowds were alet more rowdy and rioting and looting. Anger doesnt have a conscience, once people were outraged and running, theyre going to go after whatever is within arms reach. So what happened was the clergy men and women on the line trying to help protesters, we became targets, we heard captain johnson tell us, if youre going to do what you tell us, youre a threat to us. Captain johnson had has a lot of explaining to do. He didnt answer questions a lot. What he showed us last night was an aboutface of what were used to. He was treating you like the enemy you said to me before. I was told if i took one more step to the left. He said have that man arrested and i said are you kidding me . And he said try me. A very different person in the guy ive been in numerous meetings with trying to create peace. No question tensions were very high. Liz, lets bring you in here. The feeling on the ground was that they were not ready for what happened last night. There was a lot of anticipation that there would not be an indictment. As a result, there would be a lot of anger and hostility among people here. And yet it didnt seem they were ready to get out to the fires. It didnt seem they were ready to move the crowds the way we might have hoped. Your take . Its just, its stunning, actually and its actually an even though there wasnt an indictment of Darren Wilson last night there was an indictment of Law Enforcement, there was an indictment of Governor Nixon. There was an indictment of Bob Mccullough. There was an indictment of claire mccaskill, all political leadership. Its stunning to consider that the governor said, in a preemptive way, im going to bring in the National Guard. Well, where were they last night . Right. Where were they last night . This is an indictment of everybody who, they all knew this was coming. It wasnt like Bob Mccullough found out last week there was going to be an indictment. He knew from jump there was going to be an indictment. So did every other person in Law Enforcement. The fact that they allowed buildings to burn. The fact there were no National Guard, even though there was a big use of the National Guard before, there was no National Guard in ferguson. How do you explain that . A building burned before, what did you not anticipate that another building could burn . Its just, its just inexplicable and its awful. Its, your videopoint is understandable. But theres some context thats necessary. The National Guard became a metaphor for being overly aggressive and there were all of these calls for them to be kept back, for them not to be kept here. So hindsight is 20 20, saying they should have been here and more active. Then why make the comment, why use the National Guard as a way to, to try to tamp peoples actions down . Either theyre there or theyre not. Either youre in it or youre not. You cant halfstep the protection of a community. Cant halfstep it youre either in or out. We were told the National Guard was going to be specifically used to protect businesses so the police can police. If the National Guard is sitting at command center and not out in the streets they could have been on west florrisant avenue and protected those blackonblack businesses rather than being post active. The way that the buildings were protected in south florrisant. Do you think this was just a failure to anticipate it, reverend . Do you think this was intentional . Why would it be . As a lead anywhere this community, we dont condone violence, we dont condone any of the actions that the people have done. But what we have to look at is all of us as leaders have failed. We failed to plan properly and be prepared as you said on both sides of the fence. Because if those conversations would have allowed us to be a part of it, then maybe we could have helped captain balmer and chief balmer and all of those folks involved. Well youre touching on something thats painfully apparent, liz, and let me come back to you for the final part of the conversation. The need for leadership, its horrible whats happened to destruction of property. Thank god there werent more people hurt last night. People keep likening this to the l. A. Riot. There was nothing like this last night there were 100 people killed, thank god there was nothing like that last night. Its going to be easier to rebuild buildings than to rebuild what you need most in this community which is the relationship between elect ed officials, your police, and the community theyre supposed to be serving and the question is when do you think that begins, liz . I dont know when it begins. Because the challenge to the beginning of a heal, is the acknowledgement of the harm or the injury that has occurred. And when you listen to the words of Bob Mccullough last night, there was no true acknowledgement of the crime that was committed against Michael Brown. There was no acknowledgement or understanding of what that felt like, what that feels like to the africanamerican community. That an unarmed africanamerican teenager walking away with his hands up, was gunned down and the guy who did it will not face trial. And he will not face trial because the fix was in with the grand jury. If you dont understand what that says, what that means to the community, how can healing ever begin . Liz, i understand your perspective, weve discussed this many times. But also, you have to have faith in the system. The grand jury had it, they deliberated. We dont know what their vote was. But we do know they didnt find a true bill. Saying that the fix is in certainly the prosecutor is not going to apologize for a crime when the grand jury just said there was no probable cause to believe that a crime was committed. The questions remain and so does the doubt. Look, liz, well continue this conversation, but i want to move through the news events of the morning and ill have you back on, you know that. Because its a very important conversation. I know that, thank you. Liz, thank you very much. Rev, youve been good it me, you protected me here, your leadership is needed, ill see you back out there, hopefully both of you dont have much to do. Alisyn, back to you in new york. We want to stay with you for a little while, because we want to hear hat scene was like there last night. We know you were in the middle of it and have been for many hours, take us through it. Describe what you found when you landed there in ferguson. All right now you had system where lets just be honest, there was a lot of feeling that there wasnt going to be an indictment. Why . Because of everything we were hearing. And certainly on the ground people seemed expectant of disappointment, okay . But then once youre actually disappointed, everything changes. There were a lot of people, theres a lot of hostility and the image of what they fear and theyre angry about is now in their face, its the Police Officers, and they had better restraint than i saw last time. They seemed to be more organized. But what happened was, they said they wouldnt need tear gas, that they had done training and they had other tactics and methods and the National Guard to help the property. So we werent as equipped and neither were the protesters to deal with what the nature of pushback would be. All of a sudden, as the line, the phalanx of officers starts to get tested, tear gas just comes raining down, flashbangs, noisemaking disruptive devices to disburse a crowd. And then it was literally you know the most overused word in a riot situation chaos. There was no angry horde attacking them and frankly, the police were not becoming an army attacking themselves. I didnt see any violent altercations where we were. But the tear gas was completely debilitating to people. And it continued again and again, wave after wave throughout the night. And it created a very hostile situation, guys. Did it seem like an overreaction on the part of Law Enforcement to you or no . Its a hard judgment, mick. Because its easy for me to say, did i like being teargassed . New york city did i and all the people around me wish it didnt happen . Yes. But people werent getting out of the street. There did seem to be a little bit of a misunderstanding. In talking with the rev before, they werent allowed to be on the street protesting. They were allowed to be on the sidewalks. People didnt seem to get that they seem to be very confused on why they were being told to move. They said we have a right to assemb assemble. But the cops said yeah, but not right here. They were firing bean bags in the crowd to get you away with the least violence necessary. You know, did they have to do that . Well, whats the alternative . Did they need to use the tear gas . Whats the alternative . That was the problem last night. And it kept spiraling with the fires and the First Responders couldnt get to them. But the good news is, and thats going to be a really stretched term right now i didnt see people getting hurt. The way i feared they would. When it started to happen, alisyn and mick, i thought there was going to be a lot of bloodshed here. Im really pleased to hear that. As you said, it will be an interesting definition of good news, but the fact that there werent lives lost and people werent severely injured, thats something we have to acknowledge. One positive. Were going to be going back to you throughout the show. Then we have this bombshell were hearing for the first time officer Darren Wilsons account of the fatal Michael Brown shooting. We have his grand jury testimony. It is now public. So we will read to you why wilson says he had no choice, but to shoot the unarmed teenager, next. And was there a deciding factor that kept the grand jury from indicting wilson . Well put that question to our legal experts, ahead. Theres a lot of testimony to go through, but it does seem that the factor that was the biggest for them, was the testimony of Darren Wilson. We have ana cabrera here. We hadnt heard from him before, but we know he testified in great detail and we know what he said. We have not seen officer Darren Wilson or heard from him in person even after the grand jury came back with a no indictment. He has been living a life in large part in secrecy. Ever since the fatal day and clearly hes not really welcome by many people in his community. That he had served before all of this. But we had hearing his side of the story. Through his eyes, as he told the grand jurors. They determined that no probable cause exist to file any charge against officer wilson. A bombshell announcement with big implications no indictment against 28yearold Ferguson Police officer Darren Wilson. The physical and Scientific Evidence examined by the grand jury, combined with the witness statements supported and substantiated by that physical evidence tells the accurate and tragic story of what happened. Overnight, the prosecutor releasing the contents of the entire case. Including these photos of a bruised wilson indicating a struggle with the unarmed teen. Silent since the august 9th incident, were now hearing from wilson in his own words, through his testimony about the day he fatally shot Michael Brown. He says brown assaulted him while he was still inside his vehicle. And that he had never used his weapon before. He said quote i felt that another of those punches in my face could knock me out or worse. I have already taken two to the face and i didnt think i would the third one could be fatal if he hit me right. Wilson has been in hiding for the last three months. With anger and frustration erupting across the region, following the decision not to indict, wilsons lawyer releasing a statement saying in part Law Enforcement personnel must frequently make splitsecond and difficult decisions. Officer wilson followed his training and followed the law. Sources tell cnn the fouryear veteran of the Ferguson Police department, who has been out on paid administrative lee now has plans to resign. Through the controversy, wilson managed to keep his personal life private. Even his recent marriage to a fellow Ferguson Police officer. A st. Louis county marriage license says the two wed on october 24th in oakland, missouri. Some 15 miles south of ferguson. The couple reportedly share a home in st. Louis. This is his second marriage, her first. But what the future holds for them, is unclear. Going back to the testimony, i think its also really important to point out that during that testimony, officer wilson said multiple times he was adamant that Michael Brown was running toward him and continued to come toward him as he fired those shots outside the vehicle, which of course has been the biggest point of controversy in this case. We have reached out to officer wilson, cnn as an organization has reach out multiple times to officer wilson and his attorneys to try to get an interview with him or a statement from officer wilson himself and he still declines to have any further comment at this point. Hes going to do an interview. We know that. Hes going to get his story out. Its interesting now that his story in front of that grand jury is probably the most powerful thing they saw and its going to raise a lot of questions, as people hear little bits of it theyre asking already. Thank you for being with us in ferguson. I want to get back to you, alisyn. All night long we were hearing his story. And the irony is the grand jury is the prosecutors show what Darren Wilson probably didnt get crossexamined the way he would have at a trial. So really the grand jury got to hear his version in a very pure form. Reading through the testimony, chris, is so fascinating. Its about this thick, so weve been combing it this morning and well bring most of that to our viewers. Joining us is cnn legal analyst and criminal defense attorney, mark omara, who represented George Zimmerman after he shot and killed trayvon martin. The jury had five options, they chose to indict on nothing, ha does that tell you . It tells me they focused on the question of whether or not Darren Wilson acted in selfdefense or her received he had personnel fear of mike brown. Once do you that, theres no crime potential possible and i think thats what they found. I want to ask you about that, what if Darren Wilson was just scared . He was scared. In a way that nypd officers might not have been scared. But Darren Wilson that day was scared. In fact, in his testimony he describes seeing the face of a demon in Michael Brown. Thats, is that good enough justification, if one person is scared . No, being scared is not good enough. It has to be reasonable fear based upon the circumstances and not just afraid, but a fear of Great Bodily Injury or death according to you. Thats a very difficult standard. He presented his testimony in a way that i think helped the grand jury find it. The demon, the 5yearold against the hulk hogan. That presentation of evidence tells the grand jury, im more scared than youve ever been. And that sort of helps or informs the grand jurys decision. Through the benefit of hindsight looking back on this, was it the right move to push this to the grand jury . It had to go to the grand jury. Because mccullough one way or the other could not make a decision alone. He would have been just banished for anything he done. The idea of letting the grand jury look at the case, bringing in the community. Makes at least a possibility that it can be believed by the other Community Members is probably the best way. Can we talk about that . Were talking the scene play out where chris and our reporters are on the ground. It makes us wonder, alisyn andvy been having this conversation all morning. About the decision to release this decision as night fell. Mark, it seems all of that socalled planning and preparation, was kind of tossed out the window. They said they were planning for this for two and a half months, what to do, how to do it and how to involve the community and minimize damage and anger. If you and i decided the worst hour to pick to release this decision, it would have been at 9 00 or 10 00 at night. The worst time possible. Doo do it at 2 30 when they first got it or weight until this morning at 8 00, wait until you have the ability of daylight. Chris, back out to you on the scene. Have they explained why they chose 9 00 p. M. To release this . Yeah. You know i heard mark making that point last night. It does seem somewhat counterintuitive. Their answer is when we did it later at night. We were assured that stores were empty and closed, schools were out and people would be home. We felt we were limiting the amount of people to be exposed on the streets as innocents. Think thats something thaw want to weigh in as also. Mark, also think its important for to you understand and going through what wilsons story is, he says two big important things. One, his reasonable fear came from two moments one that he thought if he got punched another time, he may pass out or die. Okay. That would be one thing that would be heavily crossexamined. And then you have blood 160plus feet away and 150plus feet away and the determination becomes what happened in between those two spots. He says i believe he was charging me. When you look through the testimony, mark, how compelling is that version of the event . Well i tell you the last point you made is the most compelling to me of all of the evidence. There was a question whether or not mike brown was surrendering or charging. And when we know there was a 25foot difference between mike browns furthest point and coming back, that 25 feet would have given darren brown the opportunity to tell him to stop, stop, get on the ground, whatever. Exam is consistent with what he said and the failure for that to happen over that 25 feet is going to inform Darren Wilsons perspective as to who mike brown was and the fact he wasnt going to stop. Most compelling piece of evidence was the fact that there was the comeback by mike brown. I want to ask you about another point that chris just made, the punches to the face. There was an altercation at the patrol car and Darren Wilson felt scared by that altercation. He says he felt the third punch might have killed him. When you look at the postfight pictures from the police station, they dont look like fatal blows were administered to Darren Wilson. The difficult thing is when you think youre in fear of Great Bodily Injury and when are you might be different. We look at irrational fear or rational fear. We look at him the day after and say there was no significant injury caused to wilson, there just wasnt in his mind, did he think there was . He certainly presented in a way to the grand jury to convince them that he felt that there was. Mark omara, so many questions, well have to wait for another time for what lies ahead for ferguson, for officer wilson, for the community, tough times indeed. More on the drama in ferguson coming up. Plus, the chuck hagel era is over at the pentagon. The defense secretary announcing his resignation, why is he leaving now and who will replace him . A live report on that just ahead. A noreaster could affect millions of Holiday Travelers on a big thanksgiving getaway day, Indra Petersons is tracking it for us. Hello. Im an idaho potato farmer and our big idaho potato truck is still missing. So my buddy here is going to help me find it. Here we go. Woo who, woah, woah, woah. Its out there somewhere spreading the word about americas favorite potatoes heart healthy idaho potatoes and the american heart associations go red for women campaign. If you see it i hope youll let us know. Always look for the grown in idaho seal. Big day . Ah, the usual. Moved some new cars. Hauled a bunch of steel. Kept the supermarket shelves stocked. Made sure everyone got their latest gadgets. Whats up for the next shift . Ah, nothing much. Just keeping the lights on. laugh nice. Doing the big things that move an economy. See you tomorrow, mac. See you tomorrow, sam. Just another day at norfolk southern. I won this 55 inch tv for less than 30 on dealdash. Com. Visit dealdash. Com for great deals. And start bidding today toothbrush. Sweater. Extra sweater. Headphones, sleeping mask. Oh, and this is the xfinity tv app. He can watch his dvrd shows from where ever he wants. Hey. Have fun, make some friends. Alright. Did i mention his neck pillow . sniffs pillow watch your personal dvr library where ever you go. With the x1 entertainment operating system. Welcome back to new day this morning theres so many questions about why the grand jury did not indictment, but we do have the entire record of what they were presented with. Lets bring in evan perez. When youre looking at this evidence, what do you see . Well you know chris, one of the remarkable things is you know, Darren Wilsons testimony is basically as you just mentioned, unchallenged here. You know one of the things i was surprised about is he was going to testify at all. Usually you know, youre in this situation, you dont want to testify to a grand jury. Especially in front of a grand jury, because the prosecutors show. Its the prosecutors slow. In in case it turned out to be the genius show, it was the differencemaker, i think. You see him describe a lot of things that you know normally would be challenged by a defense attorney. By a prosecutor. Such as . Including his perception of this neighborhood. The canfieldgreen area as hostile environment to police. You know that may be true, maybe not. But that played perhaps, into the way he was behaving that day. That a third punch may have killed him. That a third punch might have kill himd. And his aggressive way in dealing with what were jaywalkers in the beginning. And when youre looking at it, theres also a function of how you perceive the prosecutor, right . Hes gotten a lot of crit significance. He didnt need 0 go to the grand jury, that he punted. You picked up some things listening last night. I was in the room when he was delivering this. He was defiant. In some ways typical politician who has been facing a lot of criticism over the way hes handled this case. There have been a lot of infighting not only between him and local officials, but between him and federal officials. He wanted the feds standing there next to him last night. They declined to be there. In some ways what was interesting is his tone was one of almost Darren Wilsons attorney. He was not just a prosecutor. Thats important. Thats not just about style, it comes down to substance of how he tested wilsons story at the grand jury. Because its his show. The great irony we were discussing before here is that this, when you have all of this testimony that, that is in conflict with one another, the temptation of a grand jury is discount both of them. Evan says red, i say blue, were both out. Darren wilson is largely unchecked and that would enhance the power of his testimony to them. I think you know look, today theres going to be a lot of secondguessing of everything. Including Bob Mcculloughs decision to announce this late in the evening. Theres going to be all of this secondguessing of how the local police were prepared for this. Look the people who destroyed port last night, people who rioted, theyre responsible for their behavior. But theres a lot to say about the tone this prosecutor took last night. Whether it was inflammatory, frankly. And remember, it aint over. Were hoping today calmer heads prevail and we dont have a night like we had last night. Evan, thank you very much for your perspective. Alisyn and mckayla, back to you. Have we look at other headlines making news now . An american is among eight people freed from abductors in yemen. Sources from the Yemeni Government say the group was freed from terrorists in a predawn raid. Seven of the abductors were killed during the raid. Its unclear exactly where the operation was carried out. And university of virginia officials are holding an emergency meeting today to discuss policies on Sexual Assault. The campus experiencing days of unrest, after an explosive Rolling Stone article revealing details of an alleged gang rape at an Uva Fraternity house. Now the associate dean of students under fire for admitting in a recent interview that some students who confessed to Sexual Assault were not expelled. Russias economy could plunge into a recession, those words of warning from the countrys finance minister. He said russia is losing up to 140 billion annually because of Falling Oil Prices and westernimposed sanctions due to russian aggression toward ukraine. The russian currency has lost 25 of its value against the u. S. Dollar. Sharon hellman had been on an administrative leave for six months amid revelations that some 1700 patients had been on neverending wait lists and may never have received care. The findings first exposed by cnn led to the discovery of similar problems throughout the va. And the resignation of the departments chief. President obama is heading to his hometown of chicago to meet with Business Leaders about his executive order on immigration. Days after he said he would grant amnesty to nearly five million undocumented immigrants. In the meantime incoming Texas Governor greg abbott accused the president of violating the constitution and says hes going to reach out to other states to join him in filing a lawsuit within the next two weeks. And another top story today, president obamas defense secretary is out. Chuck hagel announcing his resignation after less than two years on the job. Did hagel quit or was he forced out . And who will take charge of the Defense Department . Cnns pentagon correspondent Barbara Starr is live with more. By all accounts, the president s only republican cabinet member, chuck hagel, forced out for perhaps shall we say political expediency. Rumors had been rammant for weeks that the white house wanted to make a change in the Foreign Policy team. No indication that it would have been susan rice, the National Security adviser or secretary of state john kerry. Pretty much leaving chuck hagel essentially as the last man standing. No matter what the white house says about it being a mutual decision, the indications are hagel was basically pushed out. Now, who will take over . One of the top contenders is a woman named michelle flornoy, a former top pentagon policy official. She has a lot of expertise, she is wellregarded. But all the indications are, she, too, would, anybody will face a very tough confirmation hearing in the senate. Because for the senate, the question now is what makes the real difference in policy in the war against isis . Was it really chuck hagel . Or as Many Republican senators believe, does there need to be a full airing of the president s Security Policy . Is this really a white house issue and much less an issue about chuck hagel . Alisyn . Barbara starr, thanks so much for the update. We want to talk weather we know a big storm is headed for the northeast, disrupting Holiday Travel plans for millions of americans. Indra petersons, our meteorologist is here. Weve got everything planned, extra turkey, extra chair, you might have to prepare for the weather, too. The weather hinders plans, its a deja vu of last year, major hubs in the northeast can once again be affected by a storm. Take a look, if you can go out today, go now. It will all change as low makes its way up the coastline. Im showing you noon tomorrow. Its one of those, youre saying i have a chance moments, rain has not switched over to snow just yet aleast accord together latest models, once you get past the afternoon thats when everything shifts, by thursday its out of here. Its the biggest travel day of the year. That is going to be affected. To make matters worse, look at the major cities, new york philadelphia, d. C. , boston, thats the line between rain and snow, tiny shift in the forecast changes everything. Such a difficult forecast. Heres one of the models along the coastline, heavy amounts of snow in through the major mott poll tan cities. You shift it barely offshore, everything changes and the amounts are lighter. This is the best we can do for you right now. The higher end in towards new york city, four to eight inches of snow. D. C. About one to two. A foot of snow possible in places like new york, vermont and new hampshire. A foot of snow . Okay, all right, well. I love that youre letting us in on how hard it is to forecast. Indra petersons thanks so much. Chris cuomo has been on the ground in ferguson, missouri all night. Lets get back to him now. Chris . All right. Well keep following the breaking news that is going on right now here in ferguson. There is obviously a violent reaction to the grand jurys decision to not indict the Police Officer. In the Fatal Shooting of unarmed teenager Michael Brown. How does ferguson move past thing an centre and what went into this grand jury decision . We have answers for you this morning. Welcome back to new day. Im on the ground at the command center in ferguson, missouri. Following a tense and violent night after the grand jury decided not to indict officer Darren Wilson. Lets discuss the response on the ground and why this may have happened with the grand jury. We consider chris king, the manager editor of the st. Louis american one of the oldest africanamerican newspapers in the city and eric zaun, the prosecuting attorney in ferguson, missouri. Lets deal with the reaction on the ground. This fair appraisal by me was worse than we expected and did not seem to be handled as well as we expected . Correct and correct. Why . Well think the police did too much and too little. How do you do both . In some cases too much tear gassing, a little bit indiscriminately and too little guarding of some of the properties and guarding the firefighters who could have put out the fires rather than let them burn. But there was gunfire going on. People keep saying where was the National Guard. This community was very critical of bringing in the National Guard at all and now hindsight is 20 20, theyre saying why werent they out there more. Is that understood . They were coming into to guard the federal facilities and to be on the back line. That wasnt a back plan, but i think the command could have responded differently to the threats as they emerged. You understand this community very well and whats going on. You know there are outsidage stators and more divisions among protesters than there were in august. What do you think we see tonight, tomorrow night . Have we seen the worst . I think weve seen the worst. Yes. Good. I think well see more of the midline lieders coming out and creating the bridge between the young angry folks and the millennial leaders that have captured the worlds attention and i think the outside agitators will be run out of town as they have been before. Were you saying before, yes, the authorities had a plan. And you believe the outside agitators and bad guys had a better plan. That a lot of the arsons were planned. Ive seen fingerprints of outsiders on the arsons. Now we get to why did this happen. Looking over the record prosecutor, when you see the testimony of officer wilson, the irony is usually we dont want to put people in front of you guys in a grand jury because you run the show. Here, looking at the testimony, he didnt go through the withering crossexamination his story wouldnt have gone through otherwise, when you balance it with a lot of conflicting testimony, he probably wound up being the most pure version of events the grand jurors heard, true . Its dramatic when the grand jury hears from the target of the investigation, that rarely, rarely happens, in this case, he willingly came forward, we know that he talked a lot to the grand jury. And so i think, i think what he had to say was important to the grand jury. It also, though, appear s it wa backed up by a lot of forensic evidence in the case as well. If theres conflicting testimony, it winds up being more powerful to hear from the people involved. Is it fair criticism of the prosecutor to say he didnt check wilsons story the way he could it was his show, he could have peppered him with questions all day, it doesnt seem like he did. I dont think thats necessarily fair. Heres what we did, not only was officer wilson there, but many other witnesses were able to tell their stories as well. And they didnt go through withering crossexaminations, either. From the small parts that ive seen. And so what the grand jury got to hear was what these witnesses had to say. About what happened, that terrible, terrible day. And in the end, nine of them could not agree that there was problem all cause that any crime was committed. When i say the prosecutor, mine his whole office, obviously hes not the one running it because he doesnt want to be a witness in his own potential trial. In missouri law, the prosecutor was explaining to me thaw can use defense of life, deadly force, if you fear a felony may be happening to you. Explain what that means for the officer . Theres a unique provision in missouri law, if you believe youre going to be the victim of a forceable felony. A forceable felony. Not that someones going to kill you. Thats right. And in missouri its also a forceable felony to even attempt to cause physical injury to a Law Enforcement officer. So if im a Police Officer and i believe you want to puvlg me in the face, i can shoot and kill you . Theoretically thats true under missouri law. When people talked about what should the law be, is the system broken here . You know, thats something that perhaps we can look at in missouri law. But thats the law as it stands now. Thank you very much prosecutor and chris king, very good. We will stay in touch with you. Hopefully well have a very different night than we had last night. Alisyn, back to you. Well be back to you in a second. The images of the violence overnight in ferguson are startling, several businesses and a row of cars at a dealership were engulfed by fire in the nearby city of dellwood, firefighters were not able to respond because of gunshots they say. How can ferguson bring the chaos under control moving forward . Lets bring in juliette kayyem, senior National Security analyst and tom fuentes, former fbi assistant director and mel robbins, cnn commentator and legal commentator. Weve been talking all morning, it seems like releasing the information at 9 00 p. M. , at nightfall, as things were just getting ginned up there, that seems like a bad decision, whats your take on that . I have seen both sides of this. Alisyn and i think chris cuomo hit it on the head, there would be less people about. Businesses closed, schools closed, a lot lighter traffic in the area. And there would be fewer people to deal with. For the police. As posed to rush hour traffic at 9 00 in the morning or the middle of a business day. Or shopping day. When stores are open. So you know there is two sides to that argument. There are two sides to the argument. You look at it right now, the images, these arent black and white images from the 60s. Juliette, kayyem, this is 2014. We had time, we had advanced warning, we had time to plan there were plans in place, could the scenes have been avoided . Probably not. All the scenes that could have been avoided. I mean look everyone knew whatever the verdict was going to be, there was going to be some violent reaction. And just picking up on what tom said, you know, in hindsight it is obvious that the decision do announce at 9 00 p. M. Was a bad decision and im racking my head to figure out, why not wednesday before thanksgiving . I mean they could have controlled the timing. Knowing that this was inevitably going to happen. And i think you know, sort of the buildup and the excitement about what the verdict would be or what the decision would be, led to this sense that the sort of explosiveness. And now the job is just to get people to ratchet back, get them to focus on the holiday. And hope that it eases. Mel, were talking about the inevitability of this. The police should have been prepared, you would think. We talked about it for a long time. About the combustible situation that might happen. Yet the people on the ground were saying where was the National Guard . Where were the fire trucks, in order to put out soft flames . They felt that the officials were wovefully unprepared. Well, it seems like they were unprepared on a number of levels. When we heard that the announcement was going to happen at 8 00 last night central time. I was back in the green room with a bunch of the legal analysts, youre going to see all day long on cnn. And my Immediate Reaction was oh, well there must be an indictment. Because why on earth after everything would you make the announcement at night . Because they had been talking about wanting to protect peoples right to peacefully protest. And wanting to protect peoples right to assemble. It is very difficult to control a crowd at night or its much more difficult than it is during the day. And so i agree with you, i think that you know, we got to separate what were talk about. Theres the grand jury decision as one topic and theres how they handled it, which was irresponsible, disappointing, tragic, embarrassing on all counts. And i think you know, i agree with juliette and tom, while i see both sides, i still dont understand why they didnt wait until this morning. Lets pivot and turn to the pile of papers thats on your lap here. Youve been up all night looking through this as have all of our legal analysts and law enfor enforcement analysts. Lets pull back and say is it unusual to see officer wilson testify at a grand jury . I think a lot of people i keep hearing my colleagues say its unusual. It is not unusual. To have a defendant thats accused of a crime, that is a credible defendant, whose guilt or innocence is going to hinge on his testimony be put into the grand jury. I can cite case after case, even in new york where theyve done it in major Police Shooting cases. The reason why is because, if youre thinking about it as a defense attorney, Police Officers are often very credible. And also, the law hinges on whether or not their point of view is reasonable based on all of the circumstances. I want to get to the heart of whats in that testimony. Tom, let me bring you in. Because its the first time that we hear Darren Wilson in his own words talk about what escalated the situation. And he testifies that there was this altercation at the car, as you know with Michael Brown. And that he was afraid of Michael Brown. He said when brown stepped back and then looked at him this is a quote, with the most intense aggressive face, the only way i can describe it, it looks like a demon. Thats how angry he looked. So Darren Wilson basically from the altercation at the car, thought in his mind, perceived he was fighting a demon. That helps explain why he thought he had to use deadly force, but im not sure it explains that all police would have done that in that case, tom. Well, thats, thats difficult to say. What all police would do. I was a street cop six years, i have seen that demon face myself. And if you dont believe it, look at the videotape of the Convenience Store wildfire he steals the cigars . You know he shoves the clerk, thats one time. He starts to walk out and that could have been over. But he made the uturn and coming, facing the cam remarks you see that look on his face, and this is about ten minutes before the encounter with officer wilson. So you know, wilson is backed up and i think the reason he becomes so credible is its not just his word, its not just because hes a Police Officer. Its not just because hes a white Police Officer. Its because all of the forensic evidence actually backs him up. The attack at the car. What happened on the street. Coincides with what statements he made and that was at a time before he knew what the forensic evidence would be. Tom fuentes, juliette kayyem, mel robbins, thanks so much. Well be talking more about the testimony throughout the show, great to have you all here. Were following a lot of news, lets get right to it. I join michaels parents in asking anyone who protests this decision to do so peacefully. Hands up, dont shoot they said if there was violence tonight it would marr the memory of their child. Yall should have seen this coming we were promised we would be protected. I dont see the National Guard. You need to get out of the street or you will be subject to arrest. If were going to survive at all were going to have to come together. Welcome back to new day, im chris cuomo in ferguson, missouri. Where the reaction was worse than anyone expected. Certainly judging by what happened and continues this morning to go on. All in response to a grand jurys decision to clear Police Officer Darren Wilson in the Michael Brown shooting. Im Alisyn Camerota in new york along with Michaela Pereira. That decision sparking demonstrations from coast to coast, so well have more on how the whole country is reacting this morning. But first, we want to get back out to chris, because chris, were you in the thick of it last night. You were trying to report while the protests were basically exploding. Tell us your experience. Well and parts of ferguson are still smoldering this morning. It is not over. We hear reports at least a dozen buildings were torched, they may have been intentionally targeted. There was violence. All of this following the grand jury ruling. There was looting, more than expected. There was gunfire, Authorities Say 150 shots were fired. Notably, the police say none from them. However, they were using their own tactics, they were shooting bean bag disruptors, flash bangs and a lot of tear gas. It raises the question where was the leadership . Little if any was seen on the streets. Im talking about the clergy and citizens, elected leaders and the authorities being out there to try to keep the ferguson sky from being just a complete reflection of rage. There were dozens of arrests made. After pleas from president obama and Michael Browns family, to keep things peaceful and to be the change that we all want to see in communities like this. Meantime, transcripts of officer wilsons grand jury testimony have been released. The entire record is out there. So people can look through and understand why this grand jury came to the conclusion that it did or at least tried to. But thus far, it has done little to ease the tensions where feelings about the Police Shooting of an unarmed black teenager are still very, very raw. Ferguson on fire you after no indictment of officer Darren Wilson. As many as a dozen buildings torched in the worst conflicts to date as outrage ran through the streets. Local authorities thought thout they were prepared that tear gas would not be needed they were wrong. Here come flashbangs and cannisters coming right at us. Were getting gas right now. Gas shot around reporters, forcing the crowds to flee. Further down the street Police Firing more tear gas directly into the crowd. Officers trying to disburse the crowd. But there would be no control. I didnt see a lot of peaceful protests out there tonight. What ive seen tonight is probably much worse than the worst night we ever had in august. All this because a grand jury refused to indict officer Darren Wilson. Small groups of agitators ravaging ferguson, looting businesses and setting fire to Police Cruisers. Tears streaming down the face of Michael Browns mother after the decision was read. The grand jury deliberated over two days, they determined that no probable cause exists to file any charge against officer wilson and returned a no true bill on each of the five indictments. Browns parents saying quote, were profoundly disappointed that the killer of our child will not face the consequence of his actions. Officer Darren Wilsons lawyers also releasing a statement officer wilson followed his training, followed the law. Minutes after word of the grand jury decision, president obama called for peace. Hurting others, or destroying property is not the answer. Prosecutors released all evidence presented to the grand jury, 24 volumes of transcripts reviewed by the 12 grand jurors, seven men, three women, nine white, three black. We see photos of officer wilson taken immediately after he fatally shot the unarmed black teen six times. More photos of the scene itself. We now know wilson testified that when he first saw brown and his friend walking in the middle of the road on the morning of august 9th, he yells quote, hey guys, why dont you walk on the sidewalk . Thats when wilson says brown walked over and slammed the Police Cruiser door. As wilson tried to exit. Wilson testified the teen hit him in excess of ten times, landing two blows causing minor bruising. These photos showing a swollen right cheek, scratches on the back of his neck. Wilson also says after a tussle over his gun, and two shots fired in the car, brown takes off. Wilson pursuing him down the street yelling get on the ground. The teen eventually stops, turns toward the officer, with quote an aggressive face. Officer wilson says brown charges him. When 0 brown was only eight to ten feet away, the officer fires two fatal shots, hitting him in the head. And hearing that testimony from Darren Wilson as it started to be reported last night, certainly increased the tensions here. Bubbling up in ferguson, but not just here. One of the reasons the problem in ferguson matters is because its felt in communities nationwide. Protests broke out in cities across the country. Mostly peaceful. But there were isolated pockets of violence. Nothing like what we saw here. But one involved new york city Police Commissioner in that city. Well tell you about it lets bring in stephanie elam, shes been in ferguson all night with the story. Stephanie . Chris, good morning. Its hard to fathom that were in a holiday week. But after you saw what was going on last night there does seem to be very little to be thankful for, for many people in ferguson. Peaceful pro testsztests erupti chaos after the announcelement of no indictment. What are you saying that our lives are not equal . Our lives are not worthy . Of not even a day in court . Thats what you just said. Its another example of a miscarriage of justice. Angry protesters clashing with police, hurling bottles, rocks and bricks at officers and the media. People are throwing stuff at me right now. In fact, its that kind of scene out here right now. Protesters attacking police cars, shattering the window of this cruiser as cops run in with guns drawn to disburse them. But mayhem on the streets looking like a war zone. Whoa, whoa gunshots ringing out throughout the night. Flames engulfing police cars, buildings in blaze, roaring out of control, some burning to the ground. Firefighters stretched thin with the number of fires erupting and moving out, fearing their own safety. Widespread looting, several businesses vandalized, including ferguson market and liquor, where brown had allegedly stolen cigars before his death. You need to get out of the street or you will be subject to arrest police in riot gear and armored trucks firing tee gas and smoke bombs into crowds refusing to disburse. Forcing demonstrators to run. Anger and frustration about the grand jury decision spreading across the country. Dont shoot, hands up protest nrs chicago facing off with police as they voiced their anger. In new york, massive crowds marching through manhattan, reaching three major bridges, were one known arrest. Protesters in times square even throwing fake blood at new York Police Commissioner bill bratton. Demonstrators gathering outside the white house, weaving together on the ground, along pennsylvania avenue. In oakland, california, protesters shut down the expressway, lying down inside chalk outlines drawn on the streets. A similar scene in seattle, where demonstrators dropped to the ground. The man who simmered tensions this summer urging restraint in the aftermath of chaos. We definitely have done something here. That is going to impact our community for a long time. Thats not how we create change. Change is created through our voice and not through the destruction of our community. And one man i spoke to on west florissant last night in the middle of the unrest, chris, saying to me that he was upset that officer wilson was not indicted on at least one count. There were a lot of people hoping that just at least one count would come through, that would have made them feel bet ber the fact he would have at least gone to trial and thats where the anger was stemming from. Chris . No question it was complicated for the grand jury, because all of the counts had to do with him being culpable for killing him as a homicide. And thats not what they found. And obviously the unrest is going to din. Well have to hope we saw the worst. Thank you for your reporting. Lets bring in benjamin crump, an attorney for Michael Browns familiarly. Counsel, its good to have you with us. After hearing the prosecutor last night, after hearing his explanation for what was presented and how, are you able to accept the grand jurys decision . Well, i think the system should be indicted. Its problematic when you only have one side. In america, chris. We have a constitution that says both sides get to be vetted. And what the secret grand jury proceeding, it was troubling, because you dont know how the evidence was presented. What tone, what emphasis was given to certain things. So Michael Browns family, is left just hollow this morning. Theyre just heartbroken and overcome with emotion that their there wont even be a trial against the person who killed their child. As much as this determination must hurt them. Are they hurt by how the community reacted to it after their calls for peace . After their calls for being the change you want to see . They are, theyre overcome with emotion. They really want to try to have something positive come from the tragic death of their son. They want the legacy of Michael Brown law, where you have to have police all over america and all of those cities you just mentioned, chris, have to have video body cameras, so it will be transparent and we wont have to see this scenario play out over and over again. We know what happen when the Police Interaction with citizens. Is the family preparing to do anything today to help avoid a repeat of last night . Not that thats their responsibility. Theyre grieving and they have so many troubles of their own. But they have such tremendous sway in this community and theres such a vacuum of leadership. Thats why i ask. Its a fair question, chris. And they will have a press conference at 11 00 at st. Marks Missionary Baptist Church right in the heart of ferguson to ask for peace for the community. And try to talk about positive changes we can make. How we can change this system. With the local prosecutor is not sitting in judgment of the local police who they have a symbiotic relationship with and it seems to be an inherent conflict of interest. So the only problem with what youre saying, counsel, is that a little bit, youre spreading that on to these 12 men and women who came to the decision. Because this was ultimately their reckoning and you know the record was very thick and we can all parse it now and see it. Chris, im not doing that at all. Chris, im not doing that at all. Okay. It is an indictment on the system. The jurors, they come and they try to do what the prosecutors tell them. Historically, every lawyer in america would tell you, the grand jury by and large is going to do what the will of the prosecutor is. If he presents the evidence in such a way to get an indictment, he will get an indictment. If he presents the evidence in such a way not to get an indictment. He will not get an indictment. Thats why were saying it should be an outside prosecutor. Nobody who works with the local prosecutor, saying its an inherent conflict of interest, it has the hand of impropriety, especially in st. Louis. Hearing him last night, did you pick up anything that made you feel that he was partial to Darren Wilson or that he didnt think this was a good case . Or anything that bothered you . Michael browns family was very offended, not only by this process, but by some of the things that the prosecutor said last night. And they worry about how much of this was personal for him, versus being impartial and unbiased, thats a great concern for them, chris. Now what . Thats the question. If the legal remedies on the criminal side are exhausted, unless the prosecutor decides do bring charges on his own. Which doesnt seem likely at this point. Unless federal authorities bring their own. Is there a civil remedy on offer for the family . Do we think there will be something there. A wrongful death suit, perhaps . Thats certainly something that they are going to consider. But they really wanted the killer of their child to be held accountable and theyre going to try to focus on positive changes like the Michael Brown law and they want the people who are supporting them, not just do make noise, they want to make a difference. They want the legacy of their child to affect the 14yearold kid in louisiana who was killed by the police, the 28yearold gentleman in new york who the police admitted they accidentally killed. He did nothing wrong. The africanamerican woman in california, who was police abused out there, they want the police to be held accountable to treat us like americans, too, so we can get equal justice. This system always allows police to hurt and kill our children. And nothing happens. And we got to change that dynamic. And thats not going do happen in a grand jury, obviously, thats lot of need for Community Policing improvements and leadership in this community to help the people who need to be protected by the police, to have that relationship, im going to ask you something, counsel, they knew, the family knew there was going to be no indictment before the rest of us did. What was that like for them . It was it was emotional. It was devastating. We had just prayed. And attorney gray was with michael and i was with leslie, his mother and we parade and she really had faith that he was going to at least get charged with something. One, the lesser included so they would at least have a trial. So she was just devastated. Overcome with emotion, chris, as only a mother could. And it was just, the parents were just devastated that there wont even be a trial where they wont even get a chance to have the killer of their child held accountable. Thats what so frustrating for them and everybody in ferguson, and so, they are just hollow right now. Theyre empty this morning. And with that, theyre trying to find some resolution to say lets try to make a difference. Lets dont make noise. Lets try to use our voice to make real change for Michael Brown and the unknown Michael Browns. Well, counsel, thank you for joining us and please extend our feelings to the family that they can deal with this as best they can right now. And find a way to move forward and have something good come out of this for them and the rest of this community. Thank you very much, chris. Alisyn, lets get back to you in new york. Well tell you whats coming up. Well break down the never before heard testimony from Darren Wilson before the grand jury. These are the words that may have cleared him. Plus, former new york mayor, Rudy Giuliani, has been outspoken about his views on the ferguson protests and how police have responded. Hes said some controversial things. Eel join us, live. holiday mhey is playing i guess were going to need a new santa the music builds to a climax. more people are coming to audi than ever before. See why now is the best time. Audi will cover your first months payment on select models at the season of audi sales event. Visit audioffers. Com today. [ male announcer ] over time, youve come to realize. [ starter ] ready [ starting gun goes off ] [ male announcer ] its less of a race. Yeah [ male announcer ] and more of a journey. Keep going strong. And as you look for a Medicare Supplement insurance plan. Expect the same kind of commitment you demand of yourself. Aarp Medicare Supplement insurance plans insured by unitedhealthcare insurance company. Go long. Welcome back do new day, were here in ferguson, missouri. Since august 9th, people have wanted to hear what Darren Wilson had to say about what happened with his encounter with Michael Brown. Well now we know. His testimony and pictures of him after the shooting were revealed after the grand jurys vote. Ana cabrera has more for us on that and this is what it came down to for the grand jury. This is what we wanted to hear about. And now we can. We got a lot of detail from officer wilson and the testimony. He still hasnt been seen. He still hasnt been heard from in public, even after the grand jury decision. Clearly he knows that hes not welcome by many people in the community. That he once served and hes lived his life in large part in hiding these past few months, since that fatal day in august. But we do have a much clearer picture about his side of the story. Through his eyes, as he told the grand jurors. They determined that no probable cause exists to file any charge against officer wilson. A bombshell announcement with big implications, no indictment against 28yearold Ferguson Police officer Darren Wilson. The physical and Scientific Evidence examined by the grand jury combined with the witness statements supported and substantiated by that physical evidence, tells the accurate and tragic story of what happened. Overnight, the prosecutor releasing the contents of the entire case. Including these photos of a bruised wilson indicating a struggle with the unarmed teen. Silent since the august 9th incident, were now hearing from wilson in his own words through his testimony about the day he fatally shot Michael Brown. He says brown assaulted him while he was still inside his vehicle. And that he had never used his weapon before. He said quote i felt that another of those punches in my face could knock me out or worse. I have already taken two to the face and i didnt think i would. The third one could be fatal if he hit me right. Wilson has been in hiding for the last three months. With anger and frustration erupting across the region, following the decision not to indict, wilsons lawyer releasing a statement saying in part, Law Enforcement personnel must frequently make splitsecond and difficult decisions. Officer wilson followed his training and followed the law. Sources tell cnn the fouryear veteran of the Ferguson Police department, who has been out on paid administrative leave now has plans to resign. Through the controversy, wilson managed to keep his personal life private. Even his recent marriage to a fellow Ferguson Police officer. A st. Louis county marriage license says the two wed on october 24th in oakland, missouri, some 15 miles south of ferguson. The couple reportedly share a home in st. Louis. This is his second marriage, her first. But what the future holds for them, is unclear. And getting back to the testimony, think its really important to point out that officer wilson again detailed quite a bit about what happened outside the vehicle and was adamant in multiple parts of his testimony that Michael Brown he said was running towards him. Was charging him as he was continuing to fire his gun. Of course has been maybe the lynchpin in all of the controversy over this case. Chris, everybody still has a lot of questions for officer Darren Wilson. Even though we now know his testimony. We have reached out as an organization to him and his attorneys multiple times throughout the past couple of months and hes declined to offer statements, well have to see if it changes moving forward. Given this announcement. Hell do an interview, it will be important for him and for the people who want to scrutinize his story that it is tested. That wasnt done at the grand jury, it could have been, but it wasnt done. So ana, thank you very much for the reporting. This is going to be the cornerstone of their decisions we learn more about the grand jury, alisyn. They got to hear it directly from the officer involved. And obviously it had great sway on them. We want to talk more about that testimony right now. So for more on Darren Wilsons never before heard testimony before the grand jury, we want to bring in paul callan, cnns legal analyst and criminal defense attorney and former prosecutor and Jeffrey Toobin, cnns legal analyst and former prosecutor. Ja great to have you here. Such compelling testimony. More than an inch thick. This is about the alter case at the police car where Darren Wilson said that Michael Brown was able to land a couple of punches on his face. Here is what he said to the grand jury i felt that another of those punches in my face could knock me out or worse. Ive already taken two to the face. And i didnt think i would, the third one could be fatal if he hit me right. Now jeffrey, that actually does not necessarily square with the photos that we see afterwards. Of Darren Wilson where theres no skin broken. Theres not much bruising. There is a little bit on his right cheek, but he thought that these were lifethreatening punches. How does the grand jury make sense of that . Well the injuries as you point out appear to be extremely minor. Barely visible at all and as we know, mike brown was a 64, 300pound man. Would you think if he was punching someone in the face to kill him. The injuries would be considerably worse. Hes also a big man, too, 64, 210, officer wilson. Whats incriminating to mike brown is the dna evidence and the blood inside the car. Theres evidence that Michael Brown, had his hand at least inside the car. But again, that was not where the shooting took place. This is really the story in many respects of two confrontations. The one at the car, which does seem to be initiated by mike brown. But then the one where the shooting took place, which is 150 feet away, there the question is did Michael Brown keep coming in way that required officer wilson to shoot him . We have a quote from the testimony about that exact moment. Let me read it to you. This is about why he decided to fire the fatal shots. He says, Michael Brown was just coming straight at me. Like he was going to run right through me. And when he gets about eight to ten feet away, all i see is his head. And thats when i shot. Now, paul, eight to ten feet away is what Darren Wilson says. The Prosecutor Says the first shots were fired 150 feet from the Police Cruiser. Well im not surprised that you see disparities like this all the time in witness testimony. And i think what started in the car is heavily interrelated to what happened outside the car. Because remember, in selfdefense cases, its all about what the officer perceived as the threat. And heres what the officer has said, he has said this individual who was wanted in a robbery charge, had punched him several times in the car. Clearly creating a danger that he was going to get the cops gun. The gun discharges twice in the car. So the cops perception is this is a 300pound guy who has tried to kill me in the car. I get out of the car, and at some point in time hes running toward me and hes as close as eight feet. Whats going to happen when mike brown is on top of the cop . The cop is thinking hes going to get my gun and kill me. Thats his selfdefense claim, which obviously the grand jury bought. Its interesting because we have to point out, the grand jury doesnt crossexamine the officer. He is giving this testimony sort of unchallenged. They have a right to ask questions of him. I think they asked one or two. I want to ask you about part of the testimony very interesting, officer wilson calls the area where Michael Brown was shot, a hostile environment, we can pull this up. Theres a lot of gangs that reside or associate with that area. Theres a lot of violence in that area. Theres a lot of gun activity, drug activity, its not a very wellliked community. That community doesnt like the police. Interesting, because there will be Community Advocates that point out that community of ferguson is 70 black. There are 50 officers that are white on the Ferguson Police department. And there are three that are black. Well will that speak to some people now in the aftermath of the need for more representation and different style of Community Policing . Wellliked is a fascinating phrase. In the context of that. You know, the job of the police is to protect community, not to be an occupying force. And that statement is, is a sort of perfect summary of why a Community Policing is a good idea. Why people with some connection to a community should be the ones patrolling it. But if we can just go back to the specifics of the, of the shooting. You know, the question i have, and you know, i have, cant say i have completely digested all of the testimony. Theres a lot to digest. And there are new witnesses, including africanamerican witnesses, who back up officer wilsons story that there was Michael Brown coming forward towards, towards officer wilson. But the question i have is couldnt it have been possible to retreat and delay a confrontation for a while . Rather, and wait for backup, rather than shoot . One would argue he was in the position of power, hes an officer he has a vehicle, a badge, and a gun. He lass the law on his side. This is what some of the people in the community are saying, this was an unarmed teenager. Yet the testimony shows that the grand jury seemed to believe that he perceived that he was threatened. The cops have a difficult job, theres no doubt about it. And if Michael Brown was coming at officer wilson, as really the evidence really does seem to indicate that. That is obviously the key evidence in the jury finding, no indictment. Im just thinking, perhaps there was a better way to handle this. I have to disagree totally with jeff on this. Police officers, when someone is running at them trying to attack them, they dont have an obligation to run away theyre allowed to stand and hold their ground. He turned around and he didnt get on the ground. We know from the grand jury testimony, that he was, there were witnesses who said he was charging the officer. The officer has testified, that Michael Brown was charging him. Now, yes, he could have run away. But i dont think its the proper thing to say Police Officers now have an obligation to run away from suspects. No, the question is that the officer perceived that he was charging him. He may not have been charging him. He may have been turning around with his hands up. Which other witnesses said was happening. The hands up thing i think is very interesting. We could go to that. Some of the witnesses say hands up in a surrender gesture. Other witnesses seem to suggest it was a charging gesture. But putting that aside, its kind of, you see what your, what you want to see. All right . Depending upon your attitude toward the police. But the thing that i find interesting from having presented a lot of these cases to grand juries myself, is that the second thing that happens in a case is a Police Officer, if hes got a guy who is surrendering says down on the ground. And the next thing that happens is the cuffs are put on. That never happens in this case. Because the officer says, he never complied. Michael brown continued to charge him. So it wasnt really a surrender gesture, says the cop. That is what was in the testimony, youre right. He claims, officer wilson said, he claimed he said get on the ground and that didnt happen. Jeffrey toobin, paul callan, great to get your perspective. More coming up on the situation in ferguson, including a live News Conference from the mayor and the police chief of st. Louis. Plus former new york mayor Rudy Giuliani has strong views about the ferguson protests and how the Police Response has been. He will join our conversation live. I found a better deal on prescriptions. We found lower copays. And a free wellness visit. New plan. Same doctor. Im happy. Its medicare open enrollment. Have you compared plans yet . Its easy at medicare. Gov. Or you can call 1800medicare. Medicare open enrollment. Youll never know unless you go. I did it. You can too. The unfortunate part of it is what the violence does, it puts a black eye on our community and it sets back the cause of social justice. Violence doesnt solve anything. And if were going to have real change in this community, its going to take all of us working together. And not committing violence. What happened in st. Louis city, largely, largely peaceful protests, but there was some violence as well. As you can see, walking up and down the street, a number of windows were broken. We had about 21 windows broken here in south grand, about seven windows broken in other places in the city of st. Louis. There were 21 arrests, six city, six city violations as well as about 15 felony violations. The chief is going to talk a little bit more about that. I will tell you that you know, here on grand avenue, this is a, a very Good Community of a lot of people who care deeply about our city, who are vesting in their community. They are working hard to really bring back this area of the city. They dont deserve it people of our community do not deserve even this kind of violence that occurred in the city of st. Louis. I will tell you that you know, were going to be prepared for this evening as well. And ill turn it over to the chief to let him give his thoughts about what happened and what were planning on doing as we go forward. Thank you. Good morning. As the mayor said last night, i couldnt have been more proud of the Police Officers that responded to this. They were able to address the issues that were presented to them. We worked well with the organized groups to facilitate their marches up and down grand. But at some point individuals, criminals, began to break windows, along this corridor. Began to act in a way that none of us really like to see in our city. None of us want to see in our city. At that point we gave an order to disburse, we asked the individuals to leave the area. Many of them did. But those that didnt continue to break windows along this corridor. Again the mayor said 21 windows smashed. We had felony arrests for unlawful use of a weapon, possession of firearms, so protesters brought guns to the environment. Again i couldnt be more proud of the officers, the plan that we had with the National Guard to deploy them throughout the city at about 45 locations, i believe did have a positive impact. We did see bands of individuals roaming throughout the city looking for opportunities to commit crime and at every turn. They encountered Police Officers or members of the National Guard. And so i was very pleased with the way that plan worked. So as we move forward, were going to continue to see the presence of the Police Department at organized events, just as we have seen. But youre going to see more of them. And very early on, because we know whats capable of happening in these crowds. Now very early on you will see an intervention when we see criminal activity. We do not tolerate criminal activity. We do not tolerate window smashings, looting, Crime Associated with these, so while we support everybodys right to come out and have their voices heard, you will see a Large Police Presence and when crime starts youll see as an intervention much more quickly than we did last night. Were you disappointed the rules of conduct didnt hold bet centre. Heres what i will tell you. First of all im disappointed in any and all of the violence that occurred. And as the chief says, we dont tolerate violence. The people that were committing violence, the people looting, smashing windows, thats not protesting, thats criminal conduct and its even more than dis, im more than disappointed, im outraged by it and its something that were not, as the chief said, were not going to tolerate. Also say this, i will also echo what the chief said about the men and women of the st. Louis Police Department. Im very, very proud of them. They did a great job last night dealing with large crowds and a lot of activity going on at once at different locations. They were professional, they handled themselves with restraint and again, we learned, were learning as we go forward as well. We learned you know since august 9th on how to do things better and also we learned last night, some things we can do to help prepare us even better for tonight as well. Chief, can you talk to us about the shutdown of were listening in on a press conference with the mayor and police chief of st. Louis right now on the other side of your screen, youre looking at live pictures, the first one as the sun comes up here in dellwood, missouri, neighboring here. Theyre still fighting fires. Some dozen buildings were set ablaze last night. Many of them still burning this morning. The police chief said if theres violence tonight, you will see Police Officers responding more quickly than they did last night. Still an open question as to whether or not the National Guard will be used more perhaps specifically to protect property which was very damaged last night. Lets get balk to new york and alisyn. Okay, chris, thanks so much. Joining us now is former mayor of new york city, Rudy Giuliani. Mr. Mayor, thanks so much for being here. Good morning. Do you think officials in ferguson were prepared for what happened last night . Obviously not. The evidence on your Television Screen demonstrates they werent. And i fear they reintroduced a theory that is very, very false. Its cooling off theory. We will two riots in new york city and Washington Heights and in Crown Heights, with an excellent report actually written by chriss fathers administration. Governor cuomo. You dont let them cool off. Last night i was listening to you know, theyre throwing things, theyre throwing things, the cops are backing off, the cops are giving them a little room. You have every right to protest. Of you have iry right to scream or yell. The first time you throw something at a Police Officer, you get handcuffed and taken away. The first window you break, you dont get 125 or 20 minutes of a cooling off period. The report demonstrates that cooling off period leads to worse and worse violence. Secondly, they didnt have enough police. They should have had i was, i was opposed by the way to declaring a state of emergency. I thought it created a psychological atmosphere. What i would have done is i would have masked my police, secretly. I would have had twice as many, three times as many police as they had. But i would have had them hidden all over the city. The minute it started, they would have been overwhelmed by police. And they would have been arrested, at the first moment they threw something. Not after a half hour or an hour. Of having a cooling off period. Would you have had your Police Use Tear gas on the protesters . I would have had them do anything necessary to stop them. My concern now, last night, my concern was for the brown family. I feel terrible for them. I believe it was a correct verdict. In fact i think it was the only verdict the grand jury could reach. Why . Im going to tell you why as a prosecutor, you couldnt possibly have won that case. One of the things i was a United States attorney for 11 years. You consider two things when you decide an indictment one, do you have probable cause . I dont think theres any question, they didnt have probable cause. But past that, number two, can you win this case at trial . They would have been destroyed at trial. By a halfway competent defense lawyer, because of all the inconsistencies. And frankly, the prosecutor was generous. Because of all the perjury that was committed by witnesses whose testimony was contradicted by physical evidence and whose testimony is contradicted by themselves. There are several witnesses who gave three different versions including under oath. So you could never have won this case. This riot you see today would have taken place six months from now. When the officer was acquitted by a jury. If you cant prove probable cause, how are you going to prove it beyond a reasonable doubt when the witnesses are contradicting themselves. I know chris has a question for you from ferguson. Chris . I got a lot of questions for you, mr. Mayor. This is a situation that you became all too familiar with. Not riots, not fights over criminal justice. But how do you deal with situations when they go wrong. One of the things ive been suggesting and i want your take on it, sir, is that theres a vacuum of leadership here. The explanation of why this grand jury had to find what it had to find. That you will get arrested at the first moment, that we are ready, and heres how its going to go and most importantly heres how well heal. Those are things that a leader has to say and this Community Seems to have a vacuum on that right now. Is that a fair criticism, sir . Its absolutely fair. In fact when we go back and study this, that should be part of it as when we went back and studied the Crown Heights riots and learned from that, there was a vacuum of leadership, a cooling off period for two days that made the riot worse. No attempt to really bring the communities together that really worked. Obviously all that work they did since august bringing the communities together was completely for naught. This riot was worse than the one in august. They went from bad to worse. And no one was saying the right, no one was saying the right things. No one was talking about the fact that you can protest, you can yell, you can scream, you have every right to be very angry about this if you want to the first minute you throw a can, the first minute you hurt a car, the first minute you break a window, you are put in handcuffs and you are taken away. And by the way, there will be three times as many police here as you. So dont mess around with us. Let me play for you, what the police chief and ron johnson, captain ron johnson, who of course was heroic back over the summer for coming in and quelling some of the outcry. Here is what they said at the height of this last night. What ive seen tonight is probably much worse than the worst night we ever had in august. And thats truly unfortunate. We did not see a large number of clergy out tonight and the few we saw didnt have a voice with the crowd. It sounds like hes saying had there been more clergy interspersed in the crowd they could have helped to abate the violence. Theres no question. We have in new york, a Community Affairs unit, a very large, very important. They are involved in every single possible civil disturbance. Theyre people who know the community, theyre people who work in the community. Theyre employed by the city, but they work in the community and they sometimes can ameliorate some of the anger between the police and i dont know, honestly it wouldnt be fair to criticize, i dont know if they had such a thing. But they should have had that. I want to ask you about some controversial comments that you made on meet the press over the weekend. You seem to be suggesting that the real focus here should be blackonblack violence. And that white cops wouldnt have to go into black communities if black communities could sort of Better Police themselves. I said the same thing to the president the United States said and i was accused of being a racist. The president said the minorities need Law Enforcement more than anybody else. When he said it, he wasnt accused of being a racist. When i said it my sad ver sarryes said i was a racist. The point is no new york city the way you determine where to put our police is not racially. We determine it by the numbers. If there are large amounts of crime in this community, we put more police there. If we didnt do that, we would be racist. If i put all my police on park avenue and none of my police where five times more crime is taking place, then i would be accused of being a racist. The Police Follow where the crime is committed. And this is possibly because of our history of racism. Possibly because of social problems, other problems that were not dealing with. But the amount of crime in the black community is excessive. 70 to 75 of the murders in new york city are committed by blacks. Now i dont say that out of any racial motivation. I say that as a factual statement and as a plea, please, do something about that. When the president was talking last night about training the police, of course the police should be trained. He also should have spent 15 minutes on training the community. To stop killing each other. In numbers that are incredible. Incredible. 93 of blacks are shot by other blacks. They are killing each other. And the racial arsonists who enjoyed last night, this was their day of glory. The racial arsonists. They dont talk about that. When do you hear them talk about lou do we really reduce crime. What are the causes . What about family problems . How do we solve them . Wouldnt it also help to have Police Officer who is know the community . Whereas, Darren Wilson didnt know ferguson, he wasnt from ferguson. It does help. But weve had some terrible shootings by Police Officers who knew the community. And some Police Officers will tell you, that the Police Officers that know the community are tougher. Sometimes more difficult than the ones who dont. I think, i think this is a situation in which people have to stop committing so much crime. If you commit 75 of the murders in a city, 75 of your Police Presence is going to be concentrated on you. Mr. Mayor, i know youve lost your earpiece, but i want to you put it back in for a second. Because chris cuomo in ferguson does have a final question for you as soon as you can ill get it right in there. Go ahead, chris all right mr. Mayor, i know you werent trying to avoid my question. Heres what we want to know. We have an urgency in front of us, there are a lot of big issues about why crime exists, we know that blacks kill blacks, we know that whites kill whites, weve known it for a long time and we know that those root causes have to be dealt with thats not going to happen today. What is your advice for the leaders in this community for how they avoid what happened last night . Good point. Its not going to happen today. Its going to take years. And blacks kill blacks and whites kill whites. Except blacks kill blacks seven times more than whites kill whites. Only 8 of the murders in new york city are white, 75 are black. So theres a vast difference. The way it should be dealt with is the community should get together. The clergy should be brought in everyone should be brought in. The police should be doubled or tripled for tonight. The first person, the first person that commits a crime hurts property, hurts a person, tries to loot a store should be arrested immediately by a large number of police. That completely overwhelm them. And all of those Public Officials should say look, its not going do happen. Youre not going do riot. Youre going go to jail. Youre going to be arrested. No no cooling off period, no acceptance of a little bit of violence. Little bit of violence leads to more violence and then it gets out of control and im not just telling you this. This is the wisdom that emerged from the report that was done in the Crown Heights riot and i followed that as mayor of new york city and one thing i never had was a riot. Mayor giuliani, thanks for coming on new day. Were following the latest on the overnight protests in ferguson. We have it for you all morning. Next a monster storm is set to impact Holiday Travel for millions of people. Were tracking that and what you need to know. Save your coffee from the artificial stuff. Switch to truvia. Great tasting, zerocalorie sweetness from the stevia leaf. And our big idaho potato truck is still missing. So my buddy here is going to help me find it. Here we go. Woo who, woah, woah, woah. Its out there somewhere spreading the word about americas favorite potatoes heart healthy idaho potatoes and the american heart associations go red for women campaign. If you see it i hope youll let us know. Always look for the grown in idaho seal. A big storm is headed for the northeast just in time for huge Holiday Travel for millions of americans. Lets get right to meteorologist Indra Petersons keeping track of all this. Bad timing. The message is if you can get out now do so. Everything changes in the next 24 hours, all things to the slow making its way up the coastline im pausing it at noon tomorrow, pretty much your last chance to get out before the rain shifts into snow and it all has to do with the placement of the low for the forecast, keep in mind by thanksgiving already kicking out of here, the biggest travel day of the year for boston, new york, philly, even d. C. On the border of the rain or snow line. What does that mean a tiny shift in the forecast completely changes how much rain or snow you have. The first model heavy amounts of snowfall. You barely get this over just offshore changes everything, more of a wintry mix and lighter amounts of snowfall. Looking at all the models the best we can give you on the higher end, new york city, four to eight inches of snowfall but look at places western massachusetts almost a foot of snowfall, same thing as you go in through new england. Well be carefully monitoring, things change and they change quickly. Thanks for showing us all the different models. Thanks, indra. Lets look at some of our headlines were keeping an eye on for you. An american is among eight people freed from abductors in yemen. Sources from the Yemeni Government say the group was freed in a predawn raid. Several abductor, killed during that raid. Its unclear exactly where this operation was carried out. President obama is looking for a new defense secretary. Chuck hagel is resigning and will stay in place until a replacement is made. Sources tell cnn hagel was forced out. University of virginia officials are holding an emergency meeting today to discuss policies on their campus regarding Sexual Assault. The campus experiencing days of unrest after that explosive Rolling Stone article revealed details of gang rape at a Uva Fraternity house. The associate dean of students is now under fire for admitting some students who confessed to Sexual Assault were not expelled. You can imagine there will be a lot of unrest in the days coming because of that. A lot of protests there. More on our breaking news corrage from ferguson, missouri, when we come right back. Consumpn in china, impact wool exports from new zealand, textile production in spain, and the use of medical technology in the u. S. . At t. Rowe price, we understand the connections of a complex, global economy. Its just one reason over 70 of our mutual funds beat their 10year lipper average. T. Rowe price. Invest with confidence. Request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefully before investing. [ male announcer ] over time, youve come to realize. [ starter ] ready [ starting gun goes off ] [ male announcer ] its less of a race. Yeah [ male announcer ] and more of a journey. Keep going strong. And as you look for a Medicare Supplement insurance plan. Expect the same kind of commitment you demand of yourself. Aarp Medicare Supplement insurance plans insured by unitedhealthcare insurance company. Go long. Insured by unitedhealthcare insurance company. Big day . Ah, the usual. Moved some new cars. Hauled a bunch of steel. Kept the supermarket shelves stocked. Made sure everyone got their latest gadgets. Whats up for the next shift . Ah, nothing much. Just keeping the lights on. laugh nice. Doing the big things that move an economy. See you tomorrow, mac. See you tomorrow, sam. Just another day at norfolk southern. holiday mhey is playing i guess were going to need a new santa the music builds to a climax. more people are coming to audi than ever before. See why now is the best time. Audi will cover your first months payment on select models at the season of audi sales event. Visit audioffers. Com today. . Captions by vitac www. Vitac. Com tear gas just dropped near us. Its going to get very bad here. Determine that no probable cause exists to file charges against officer wilson. Mayhem, people running around. Theyre telling us to get to a safe area. Were tired of this. Yall should have seen this coming. Get back this spun out of control, much worse than the worst night we had. This is not just an issue for ferguson. This is an issue for america. Good morning, welcome to new day. It is tuesday, november 25th, just after 8 00 in the east. Im chris cuomo in ferguson, missouri, coming off an alltoographic replay of the violence we saw this summer except this was worse, farther reaching and frightening to everyone involved. The anger reached a boiling point right after the grand jurys decision was announced not to charge Police Officer Darren Wilson in the Fatal Shooting of Michael Brown. It spilled quickly into the streets, erupting into violence. Im Alisyn Camerota with Michaela Pereira here in new york city and the impact of that grand jury decision is being seen across the country with marches and protests in many cities so well have more on all of that shortly but lets get back to chris cuomo who had been in the middle of it all in ferguson for the past 12 hours. Chris . Reporter maybe understandably, alisyn, what happened here was different than anything that happened anywhere else. It is fair to say it was more than was expected and more than was prepared for. Buildings burned, as many as a dozen, some intentionally. Theres now word there may have been plans afoot making it arson, and not just some random situation, storefronts looted, angry crowds ignoring calls from president obama, perhaps more importantly in this Community Call from the family of Michael Brown to be calm and peaceful, to be the change that they all want to see here. Meantime, Darren Wilsons grand jury testimony is now public record. Some of the details have rekindled anger in ferguson but may also explain why the grand jury came to the conclusion that it did. Heres a look at what happened last night. Ferguson on fire after no indictment of officer Darren Wilson. As many as a dozen buildings torched as outrage ran through the streets. Local authorities thought they were prepared, that tear gas would not be needed, they were wrong. Here come flash bangs and canisters coming up on us, getting gassed now. Gas shot around reporters forcing the crowds to flee. Further down the street, tear gas, Police Firing more tear gas directly into the crowd. Officers trying to disperse the crowd. I didnt see a lot of peaceful protests out there tonight. What ive seen tonight is probably much worse than the worst night we ever had in august. Reporter all this because a grand jury refused to indict officer Darren Wilson. Small groups looting businesses and setting fire to Police Cruisers, tears streaming down the face of Michael Browns mother after the decision was read. The grand jury deliberated over two days, they determined that no probable cause exists to file any charge against officer wilson and returned a no true bill on each of the five indictments. Reporter browns parents say were profoundly disappointed that the killer of our child will not face the consequence of his actions. Officer Darren Wilsons lawyers releasing his statement officer wilson followed his training, followed the law. Minutes after word of the grand jury decision, president obama called for peace. Putting others or destroying property is not the answer. Reporter prosecutors released all evidence presented to the grand jury, 24 volumes of transcripts reviewed by the 12 grand jurors, seven men, five women, nine white, three black. Also for the first time we see photos of officer wilson taken immediately after he fatally shot the unarmed black teen six times, more photos of the scene itself. We now know wilson testified that when he first saw brown and his friend walking in the middle of the road on the morning of august 9th he yells hey, guy, why dont you walk on the sidewalk thats when wilson slammed the police door as he tried to exit. The teen hit him ten times, landing two blows, causing minor bruising. The photos showing a swollen right cheek, skrashz on the back of the neck. Wilson says after a tussle over his gun and two shots fired in the car wilson pursues him yelling get on the ground. The teen stops, turns toward the officer with an aggressive face. Officer wilson says brown charges him and when brown was only 8 to 10 feet away the officer fires two fatal shots hitting him in the head. On one level this is about officer willson and Michael Brown and another level the Ripple Effect is seen across the country, protests are in cities mostly peaceful, but there were isolated pockets of violence as well. In new york city, a protester confronted the Police Commissioner, splattering him with fake blood. Lets bring in stephanie elam, shes been here in ferguson through the worst of it all. Stephanie . Reporter out there on the streets the beginning it seemed like it might be calm but quickly evolved and it became a situation where a scene no one was in control. Peaceful protests erupting into chaos after the announcement of no indictment. What are you saying . That our lives are not equal . Our lives are not worthy, not even a day in court . Its what you just said. This is another example of a miscarriage of justice. Reporter angry protesters clashing with police hurling bottles, rocks and bricks at officers and the media. Protesters attacking police cars, shattering the window of this cruiser. Mayhem on the streets looking like a war zone. Whoa, whoa. Gunshots ringing out throughout the night, flames engulfing several police cars, buildings ablaze, roaring out of control, some burning to the ground. Firefighters stretched thin with the number of fires erupting and moving out fearing their own safety. Widespread looting, several businesses vandalized, including ferguson market and liquor, where brown had allegedly stolen cigars before his death. You need to get out of the street or you will be subject to arrest. Reporter police in riot gear and armored trucks firing tear gas and smoke bombs into crowds refusing to disperse, forcing demonstrators to run. Anger and frustration about the grand jury decision spreading across the country. Dont shoot. Hands up. Dont shoot. Reporter protesters in chicago facing off with police as they voiced their anger. In new york, massive crowds marching through manhattan reaching three major bridges with one known arrest. Protesters in times square even throwing fake blood at new York Police Commissioner bill brattop. Demonstrators gather together along the white house. In oakland, california, protesters shut down the expressway lying down inside chalked outlines drawn on the streets. Similar scene in seattle where demonstrators dropped to the ground, with the eyes of the world on ferguson, the man who simmered tensions this summer, urging restraint in the aftermath of chaos. We definitely have done something here that is going to impact our community for a long time. Thats not how we create change. Change is created through our voice and not through destruction of our community. Reporter out here on the other side of ferguson, police eventually pushed everyone away down the street and as daylight is now coming up here, chris, you can see here the Ferguson Police station that everything does look calm and normal, but some people are waking up to find their businesses are devastated overnight. Still early, stephanie. Lets hope it holds and lets hope weve seen the worst but we have to wait and see. Bring in two more people to discuss this, Missouri State representative met with Darren Wilson last week and a friend of Darren Wilsons who is helping to run the support site for darren willson. You dont want us to say your name because youre worried about people knowing you support Darren Wilson because of what may be thought of you. Is that right . Correct. Have people threatened you because of what youve done in support of Darren Wilson . Yes, absolutely. Reporter do you think that will end now . Not any time in the near future. The protesters have made it clear were seeking out supporters of Darren Wilson and his family. Reporter what has kept you going with something scary enough to make you disguise yourself. Why do it . Because its the right thing for justice to be served and make sure to keep officer Darren Wilson safe and support his brothers and sisters in blue. Reporter representative ferguson, not in your district but you represent the people here in a larger sense. What do you say to them when there are obvious calls this wasnt justice . I say look at the evidence as the grand jury did. Prosecutor mccullough gave the community the benefit of sharing that evidence and particularly the physical evidence which debunks a lot of the statements that were made initially by witnesses. The physical evidence isnt moved by emotion or News Coverage or anything else. It speaks for itself. Reporter a lot of talk about the grand jury. Do you think that it was helpful to Darren Wilson that it went to a grand jury . Do you think the prosecutor should have owned it, had a public felony hearing and put it all out there for people to see, maybe it would have been better for him . It would have been easier but what we know now of the evidence he looked at the evidence and didnt believe there was a reason to charge but he went the extra step, took this to a grand jury and let them analyze the same evidence he had and they reached the same conclusion. Reporter you met with officer Darren Wilson. Yes, im not going into the details of where and when. I represent the Police Officers in the area and involved in raising noun pay for officer wilsons Legal Defense and i just wanted to check in on him as he struggles through this very difficult time. Reporter did you are have any doubts about the officers story . About the officers story, no. The outcome, yes, but not the officers story. Reporter and thats been a big thing from pretty earlry on word from those around Darren Wilson, he didnt expect to be indicted, he felt what he was doing was unfortunate but within the parameters of what he was allowed to do and yet there had to be some doubt. When you heard the words from the prosecutor that theres not going to be an indictment what was that like . It was a sigh of relief across the entire Law Enforcement community. Reporter you think its not just him, you think this extends to the brothers and sisters in blue . Absolutely. Reporter why . Because theyre all fighting in the aftermath of this now and it could have been any one of them. Reporter in your hand you have a letter. It is from officer Darren Wilson. Correct. Reporter he wrote it himself . Correct. Reporter and what is the message in it . The message is thanks to his supporters, would you like me to read it . Reporter sure. Id like to thank all of you for standing up to me. Your support and dedication is amazing its hard to believe all of these people i never met are doing so much for me. Please keep my family of blue in your hearts and prayers. Theyve worked through heat and rain to ensure the riots and protests were as safe as it could be. There are many support groups, we are Darren Wilson on facebook and answering that request to help his brothers and sisters in blue, the gofundme and people can buy merchandise and every proceeds helps Law Enforcement, giving to the st. Louis police wives preparing the meals for the guys working in the cold, and any need that is requested of us with our funds. Reporter the difficulty now will be though there will be no criminal legal action taken against him what does he do . We know he got married thats a great testament to how he felt about his future. Do you see him coming back to be a Police Officer . Nobody knows what the feds are going to do, they could indict him on charges. Reporter the possibility is remote. Sure, theres also an internal investigation under way inside the Police Department to determine if he violated any department policy, he could be subject to a wrongful death lawsuit. The future is far from certain for darren, and while we turned the page in this story its far from over. Reporter do you think he wants to be a Police Officer . Do you think he wants to be in this community . Its what hes wanted to do his whole life. He just has to figure out what the reality of the situation is Going Forward. Reporter without betraying confidences or telling his own story he did decide to get married. How did he deal with the time between august and now . I choose his right to privacy. When he wants to speak hell speak for himself. Reporter its a huge relief . Not just for Law Enforcement but citizens and the community. Reporter also he must not feel its eight over because of what the representative is saying, still things hanging over his head. Absolutely, he hases to worry every day about his brothers and sisters in blue getting hurt. Reporter you have sunglass answer hat and dont want your name to be known, what does that mean for officer Darren Wilson if he were to come back into the community . His security and safety would be of grave concern and whether he can work with a Law Enforcement officer in missouri again is a question that is unanswered. Reporter and what do you think he would want to say to the people out here protesting . Stop. I mean, listen, there were calls for justice from the minute this shooting occurred, and this is the system we have of justice in this country, and its seen its course and enoughs enough. This is disrespectful to Michael Browns parents. They asked that this not happen and it future stop. Reporter what do you think needs to happen in terms of to figure out the issues with policing in this community . Well thats a larger question, and there are a lot of us on both sides that are ready to have that conversation, but this only gets in the way of it. Reporter havent seen a lot of elected out here, youre out here because youre working with the union. Theres a need of leadership. Last night was bad. We hope its the worst. Everybodys saying that, it will be the worst but hopefully they have to make sure they do things better today. Do you think that leadership will get involved and have the right meetings today . To the governor and the president s credit and prosecutor mccullough urged calm and peaceful protests. Reporter people know what the consequences are, seems like they didnt have it last night. Well its not for lack of Police Presence. Police were here to keep the peace and the angry elements in the crowd werent going to have that. Reporter you cant have the community and those in charge of keeping them safe have to be one. There has to be more of a connection thats here and i know youre working toward that. Thank you for joining us, representative, appreciate it and you who shall not be named i know theres relief for you and we hope that your life gets back to normal Going Forward thank you. Reporter and thank you for bringing us the letter, appreciate that. All right, so were going to talk about this story a little bit different angle youve been hearing. Theres a woman, she shot the infamous video of Michael Brown lying dead in the street after he had been shot by officer Darren Wilson. Were going to bring back Piaget Crenshaw because she was a witness and what she thinks of the verdict and the Strong Community action that has ensued . What will happen next . Stay with us. Than ever why now is the best time to be on verizon. One verizons the largest, most reliable 4g lte network in the country. Thats right america. With xlte in over 400 markets. Two and heres something for families to get excited about. Our best pricing ever get 2 lines with an incredible 10gb of data to share for the low price of 110 or just 140 for a family of 4 and three get 150 credit for every line you switch. The more you switch, the more you get. Verizon. Im spending too much time hiring and not enough time in my kitchen. [ female announcer ] need to hire fast . Go to ziprecruiter. Com and post your job to over 30 of the webs leading job boards with a single click; then simply select the best candidates from one easy to review list. You put up one post and the next day you have all these candidates. Makes my job a lot easier. [ female announcer ] over 100,000 businesses have already used zip recruiter and now you can use zip recruiter for free at a special site for tv viewers; go to ziprecruiter. Com offer5. Here to go with the five things you need to know for your new day. Number one the fires and violent protests continuing on the streets of ferguson, missouri, overnight following the announcement that officer Darren Wilson would not be charged in the Fatal Shooting of Michael Brown. University of virginia Board Members are holding an emergency meeting today, they will discuss the recent allegations of Sexual Assault on their campus, this meeting comes after days of protests over horrific allegations of rape at a campus fraternity. Yemeni Security Forces freed eight hostages including an american kidnapped by terrorists. Its unclear where the operation was carried out. We know, however, seven of the abductors were killed during the raid. The president today will head to chicago pushing his executive order on immigration with Business Leaders. In the meantime the incoming governor of texas is trying to gather support for a lawsuit against the order. The head of the phoenix hospital at the center of the v. A. Scandal has been fired. Sharon hellman was on administrative lead amid revelations some 1,700 patients hadnt bean placed on proper waiting lists and may never have received care. We update the five things to know, visit newdaycnn. Com for the latest. Another story, big story this morning, president obama looking for a new defense secretary. Chuck hagel resigning after less than two years as the head of the Defense Department. Was he forced out and who might replace him . Barbara starr is live at the pentagon. Good morning, alisyn. President obama in the market for his fourth secretary of defense. Chuck hagel the only republican in the obama cabinet now out. Did hagel jump or was he pushed . Thats the big question. Secretary hagel basically pushed out by a white house that was looking to make a Foreign Policy change in that National Security team, by all accounts. They werent going to fire susan rice a close confidant of the president. Secretary of state john kerry very public, very high profile, he wasnt go to go. Hagel essentially becoming the last man standing. Now who will replace him . What are the leading contenders, michelle flournoy, very competent and knowledgeable, said to be one of the leading contenders on the short list to replace hagel. Even so, she or any nominee is going to face a tough confirmation fight on capitol hill, the Senate Armed Services Committee Led by senator john mccain and the new congress in january, very tough on the president s Foreign Policy, very critical of the white house. This may wind up having a lot more to do in their eyes with president obama and the white house than it had to do with chuck hagel. Alisyn . All right, barbara, thanks so much for that update. Back to our top story, a key witness in the Michael Brown shooting, a woman who reported the aftermath with browns body lying in the street will join us next with reaction to the grand jury decision and the uproar in ferguson. vo nourished. Rescued. Protected. Given new hope. During the subaru share the love event, subaru owners feel it, too. Because when you take home a new subaru, we donate 250 dollars to helping those in need. Well have given 50 Million Dollars over seven years. Love. Its what makes a subaru, a subaru. Man [ laughs ] those look like baby steps now. But they were some pretty good moves. And the best move of all . Having the right partner at my side. Its so much better that way. [ male announcer ] have the right partner at your side. Consider an aarp Medicare Supplement insurance plan, insured by unitedhealthcare insurance company. Go long. Insured by unitedhealthcare insurance company. Get to tmobile and knock out your gift list. With zero down and zero interest on all the hottest gifts. Like the Samsung Galaxy note 4 and the note 10. 1, plus the beats solo 2, the ue boom and more. Yep all of them, zero down, zero interest. We know, were out of control. Looks like the big guys job just got easier. Welcome back to new day. There are still a lot of questions to be answered following the grand jurys decision to not indict officer Darren Wilson for killing Michael Brown. Prosecutor Bob Mccullough pointed to several factors in why he believed this happened including witness testimony that was either inconsistent or deemed not credible. One of the witnesses we saw Michael Brown shot was Piaget Crenshaw, she shot the infamous video of brown lying in the street after the shooting. Maam what is your name . Karen lewis. Reporter thank you very much for being with us. Piaget, how are you doing today . Im good. Reporter were you surprised to hear there would not be an indictment . Honestly no, because of all the leaks but if there hadnt been leaks then yes. Reporter you went into the grand jury. I did. Reporter you testified . I did. Reporter did you feel that you were believed by the men and women . Well, the grand jury of 12 members they were fair, they were actually asking questions, didnt seem biased. It was more the prosecuting attorney. Reporter how did you feel about the prosecuting attorneys . Well, they kind of crossexamined and they kind of put words in their mouth almost to where you had to tell them no, this is not what i said and this is not what i meant but this is what i said and this is what i meant. Reporter so you felt that they were testing your story. Yes. Reporter and pushing to see if it were true or not. Yes, which is completely understandable in some respects. Reporter did you get to hear anybody elses . No, not at this time yet. Reporter and so you were m feeling that only because of the leaks. If a whole group of people are telling you the same thing a whole bunch of people arent going to make up the same lie. Reporter the prosecutor said there were inconsistencies, you said red and green, you said red and i lie about saying green. If you were sitting in the box and listening to it, as one of the grand jurors you start dismissing everybody and Darren Wilson gets his testimony and he doesnt have that problem of people checking him on his story the same way. Right, of course, when you compile your story after witnesses compile theirs, what more could you get . Reporter lets go back to what you think you know. What do i say it that way . Im a lawyer and as you know, counsel, thats what its all about. Testimony is always a variability between what we think we saw and what we actually saw. What do you think you saw on that day . Definitely what i saw was his hands go up and whoever other witnesses looked like to say that his hands were down by his side or up in the air or perpendicular, which ever way his hands were still visible in a manner could you tell he was unarmed so at that point where are his hands were at, he was unarmed and should not have been shot. Reporter so hes unarmed and then theres surrendering. Yes. Reporter do you think you know 100 that thats what Michael Brown was doing . Yes. I dont believe anybody would show their hands to the police unless they were surrendering or trying to tell them theres no weapon in my hand. Reporter when he did that hand gesture, this was near the end, this was near the end when he had his hands out like that, right . He got shot his hands were up. Reporter they were up . Yes. Reporter what happened after he put his hands up before the shooting began in that moment what happened . From when his hands were like this to when the shooting happened, what happened . It all happened so quick, i cant really specify little detail of everything but i just know he got shot quickly and one of those shots did go to his face and thats the part that really got me. Reporter the officer says i thought he was coming at me. Even if he did appear to be moving closer to you, you could still see he was visibly unarmed and even if you had a good amount of distance between you guys, i dont understand why he would fear for his life. Reporter do you think that the officer is telling the truth when he says i thought the kid was coming at me. Honestly, yes, just like all the witnesses, how everybodys story was just off a little bit. Everybodys eyes they saw what they saw. In his eyes he saw what he saw. Reporter could it be explained that way his hands may have been like this or however you say you saw him but he was moving towards the officer. Thats the part that i dont understand. Thats why i really thought it might have been an indictment, taken to trial because of the hands up, whether they were anywhere, they were visible, it doesnt matter. Reporter but did you see him moving toward the officer . I did not. Reporter what did you see him doing . I saw him fall. Reporter just fall. Falling. Reporter never saw him moving towards him. Thats what i didnt see. Reporter so how do you explain it . Thats what everybody else is asking, how do you explain this . Reporter what did you think of what happened last night to your city in. Honestly, i was appalled about all the fires. I expected the looting, but the fires, i honestly, ferguson market, somebody set on fire. I took the time on myself, a woman took three gallons of milk and put the fire out so the ferguson market wouldnt burn. I asked people to help, i did that by myself, so honestly, somebody who has to live around there, we dont have a quick trip anymore, we dont have it anymore, this is all we have here. Reporter people are angry but you believe theyre hurting themselves because its their community where they live. Completely obvious and sad to say its really my generation thats doing this. The older people, the more wise people are coming out and shutting 44 down and leading peacefully. The young people, high schoolers, i saw middle schoolers out there like not good decision making. It was all bad decision making. Reporter what needs to happen here . How do you get past this . Honestly, it needs to be a total reform. Thats the only way i could see like a total reform, the Police Department, we need a total reform of new laws like just a total reform. Reporter you think it will happen . I think its a possibility. Reporter you have hope. I do. Reporter what about for tonight . I hope its nothing like last night. Reporter you think it will be better . Whats the word . Honestly, because i feel like everybody, they were acting in the moment, and they got it all off their chest last night, im really praying that tonight will be better. Reporter this is one of those times things look bad and we got thanksgiving two days away and its one of those times where you just have to count your blessings and people have to think about what is good, what can be good because on the face of things right now, people have a lot of reason to see only the bad. Exactly. Reporter and well see whether or not people have it in them here right now to move past this, thanksgiving two days away it will be a real testament. Im so sorry for the families that got directly impacted by these events that unfolded. Reporter piaget thank you for auking abo italking to us t. I know youre cold. Well get you warm now. Counsel, thank you for being with us. Appreciate it. The decision certainly riled up the city of ferguson, but this question of why and how did the grand jury get to where they did of not indicting is going to be haunting until we get more proof and now you have it, the explosive evidence, the grand jury review, including what wound up being the most telling, what Darren Wilson says what happened, well examine why he said he believed he was forced to shoot an unarmed teenager named Michael Brown. Stay with us. Ronald reagan ive spoken of the shining city all my political life. In my mind it was a tall, proud city. And if there had to be city walls, the walls had doors, and the doors were open to anyone with the will and the heart to get here. Barack obama thats the legacy we must leave for those who are yet to come. My fellow americans, we are and always will be a nation of immigrants. We were strangers once, too. Ronald reagan thats how i saw it, and see it still. Violence erupting overnight after the grand jury in missouri decided not to indict Police Officer Darren Wilson in the shooting death of Michael Brown. Smoke bombs were used, tear gas was certainly used, there was violence, there were fires that lasted all night and into right now as well as a lot of looting. So we have to look at why the two major events occurred. One, why did the grand jury come to the conclusion that it did and secondly why did last night go as badly as it did. We have perspective people following it and who lived it. Van jones, sunny hostin and cnn anchor don lemon, my partner for a large part of the evening last night. Lets first look at what the heck happened last night. Theyve been preparing for a month, they had a plan, they had a state of emergency, they brought in the National Guard and it all seemed to go south. Former mayor Rudy Giuliani, heres what he had to say. There was a vacuum of leadership, a cooling off period for two days that made the riot worse, no attempt to really bring the communities together that really worked. Obviously all that work they did since august bringing the communities together was completely for naught. This riot was worse than the one in august. They went from bad to worse, and no one was saying the right things. No one was talking about the fact that you can protest, you can yell, you can scream, you have every rightyell, you can s have every right to be very angry about this if you want to. The first minute you throw a can, the first minute you hurt a car, the first minute you break a window you are put in handcuffs and taken away and by the way, there will be three times as many police here as you, so dont mess around with us. Reporter there was clergy here last night. They were not given the freedoms they were the if tirs time around. Leadership is often about being present, we havent seen the names and boldfaced presences youd expect to see in a situation like this. Do you think thats fair criticism . I do. I was critical of Rudy Giuliani because on the morning shows sunday came off as racist but hes absolutely right, he knows how to run a big city. In my estimation theres been too much Political Correctness trying to appease protesters and i dont mean appease the people out there peacefully. There was nothing peaceful about last night. It was hard to be peaceful in that crowd but i think trying to appease some people i think that there needs to be a stronger hand with people who are marauding the streets and people who had the potential of setting fires, we saw what happened, had a potential of harming people, we saw that played out so i think the mayor was absolutely right in his comments. There has been a vacuum of leadership here and also been overly politically correct in many ways. I dont want to offend anyone. I dont want to come off as racist. Doesnt matter what color one is marauding or looting, black, white, purple or green. If youre breaking the law you have the potential to break the law he is right. You need to be arrested and held accountable. Reporter shaking your head . I saw it differently. First of all especially when things first went bad the vast majority of people were peaceful. Van thats not true. I was there last night thats not true. We were out there together, you had your view, i had my view now. The vast, vast majority of people at the very beginning were trying to be peaceful. Down the street a bunch of knuckleheads start a bunch of nonsense and they started bombarding with tear gas. Most of the people out there for good reasons started to leave in large numbers. That boiled it down to a small number of people who were left either social bloggers and videographers or people starting to start something. The social bloggers and videographers were people looting and burning down buildings . Dont do this to me now. Hold on a second. What did you, explain the part that don is talking about. The looting was going on by large numbers of people. Listen, there were large numbers of people out there, there were grown men out there crying, there were large numbers of people not out there to cause trouble. Once the trouble makemakers started, most that were out there for good to a smaller number of people. The planning, we knew that the grand jury had reached the decision by probably around noon. Then we knew an announcement about the announcement was going to be made around 5 00 from Governor Nixon. Why wait until 9 00 p. M. Eastern, 8 00 p. M. Here. Reporter their answer is solid, let the schools and businesses be closed, less people on the streets to be affected. Many of the schools were already closed, chris. We knew the National Guard had been moved in a day before. Lot of the businesses were already boarded up and closed. I think they held it too long and i think actually it was reckless to try to control a crowd in the dark. Who does that . Sunny is right. The anticipation of a ball game or an event, what are they going to say . Is he going to be indicted, not indicted . Why is the prosecutor speak so long long. Shes right. Van, im sorry, youre wrong. The small number of people out there may have started off as peaceful but most of the people who were out last night were not blind. We can all agree the looters. And the people who were burning, yelling, running. Hang on one second let me finish. When people say why arent you reporting on the peaceful people . How do you know who is peaceful in a crowd of people who are racing towards you . How do police know whether its water or urine or molotov cocktail in a bottle . People say why are they getting upset, why are they arresting people and fighting back who are throwing bottles. Reporter heres one circumstance to tie this part together and move on with what happened with the grand jury. People keep likening this to los angeles. Of it was not los angeles and god forbid if it becomes anything like. Hundreds were killed and injured there. To the proportionality last night if we had huge numbers of people intent on violence we would have had it in huge numbers. Exactly. Reporter lets just leave that part at that. I cant necessarily let this stand. This is an insult to the people out there trying to get out there last night. Reporter let him finish, don, let him finish so we can move on. I am going to speak now. Now listen, what was just said is an insult to the people of ferguson who have done more than 100 trainings for nonviolence. You said there was no leadership out there. The leadership i didnt say there was no leadersh leadership. Don, will you let me finish . Youre attributing things to me that i didnt say. It is unfair to the people of ferguson who put in tremendous amounts of work to try to keep a lid on things who were out there trying. The idea that people only came out for negative reasons is not true. The other thing is the idea people were being too pc. That is not true either. You saw large numbers of police who were saying exactly what needed to be said, you have to get out of the street. You cannot, remember, order after order, and after the orders came here comes the tear gas. Lot of mythology created and not fair to the people who were trying to be peaceful. This has nothing to do to the people of ferguson who wanted peaceful protests. Of course they have a right, you cannot say the majority of people who were out there last night were peaceful protesterses. He can, thats his opinion. Lets be better than what we were dealing with last night. You disagree on the point, both lived it. Lets leave it with you for now. I agree with the people about ferguson. Take the agreement where you find it. Grand jury, rudyulianie, probable cause not even close. You cannot win it. Lot of people said this prosecutor couldnt have won this case. Ethically you cant bring it to a grand jury if you dont think you have a shot. He did bring it to the grand jury so he must have felt there was evidence to bring before the grand jury for possible charges. The standard for probable cause is so very low, its not beyond a reasonable doubt. Its just a tipping of the scales. Is it a crime committed. Reporter you have people, lets use van and don. Theyre telling stories at the same thing, saw the same thing, telling totally inconsistent stories but theyll dismiss them both and listen to Darren Wilson even more. Thats the point. Ive got to tell you, i read Darren Wilsons testimony last night. Reporter you dont think its probable because you dont understand what happened. That goes to the process. That goes to the fact that the prosecutor. Reporter it wasnt a suggestion of what you were saying, hype tetical. The prosecutor conducted this grand jury in a way that weve never seen before. He threw every single piece of evidence in front of this grand jury, evidence that would not be admissible at trial, that is not how you conduct a grand jury process, it was less than transparent. Reporter why is that an error in inclusion . Ill tell you why. Reporter why isnt that a good thing . If you give a finder of fact more evidence than ever even less guidance than ever, its called a data dump. Its a document dump and you wind out with people unable to make sense of it. Absolutely. Thats what happened. And theres no question that this was not a prosecutor seeking an indictment. Ive been in front of grand juries and presented cases. Is not how it is done. You present a streamline case, you guide the jury, you provide guidance in terms of law. Leadership. This prosecutor was not seeking an indictment. The other thing i want to mention quickly. Please. It was a 92page sort of testimony from officer wilson. Ive never read something so fanciful. He described an encounter that i just dont think happened in that way. It would in hollywood. It worked on the grand jury though. For the first time he said that Michael Brown in broad daylight was reaching into his waistband. He said that Michael Brown was so strong it was like a 5yearold against hulk hogan. Remember, officer wilson is 64, over 200 pounds. This is not a tiny guy, not a small guy. This is supposed to be a trained Police Officer. Its bizarre. We dont know what the grand youry believed because we dont know the vote. We havent heard from the grand jurors and were not going to and that goes to show you this prosecutor knew this process was not going to be as transparent as he claimed it was going to be. Final word on, this i want to ask don about tonight. Good, reason, if the prosecutor doesnt prosecute, its impossible to get an indictment, and what you have is a prosecutor who was not prosecuting. He didnt say listen, i went in there, i tried to get manslaughter, i couldnt get it. I tried to get jaywalking, i couldnt get it. He didnt try to get anything and therefore he did not get anything. Do you feel that you know that . I feel very, very certain. Absolutely. That given the conduct of had this prosecutor listen, im an attorney, shes an attorney. Im telling you, ive seen cases like this a million times. He came out last night and said exactly the opposite. He did everything. It was intellectually dishonest. And the people in ferguson are very wise. Im not talking about the looters, im talking about the vast majority of people in ferguson. They said this guy cant be trusted to do a good job. Governor, send in someone we can trust. The governor refused to send in a special prosecutor and we got exactly what the people of ferguson said were going to get. Lack of leadership all around. Let the lawyers handle the legal part. Heres what we need to worry about now, the changes that need to happen in this community and many communities like this one aint going to happen today but we are going to have day goes into night and have to worry about another situation. Do you think that they can get their act together and figure out how to do it better tonight . I think theyre going to have to, no question. I dont disagree with what van said. I dont think, though, that we saw the vast majority of the good people of ferguson on the streets last night. Thats not what we saw it play out last night. The situation brought out the worst of everyone. Thanksgiving two days away. We got to start thinking about our blessings, not to be polyannish but be pragmatic Going Forward. To the young people in ferguson who were trying to do the right thing, youre not wrong to care about your neighbor. Youre not wrong to try to organize for positive change, and youre not wrong to feel hurt and sad. You can show more Leadership Today by saying listen, this is not how we want to show ourselves to the world. Its disrespectful to the mike brown family to do this again. The young people now can step up where the older generation has failed and i beg them to do that. Thats not what we saw last night. Those are the people we saw last night. These are the changes, sunny, thanksgiving is two days away, hug it out. Hug it out. We do this all the time. Back to you in new york. Chris, its been wonderful to see your reporting out there. Youve given us a front row seat on all of the intensity in ferguson. Appreciate it. Thanks so much for that reporting and to all of the panel out there also. We had a great team out there in ferguson. We have our first look at the testimony the grand juries used. We bring in paul callan and Jeffrey Toobin. Great to have you back with us. The testimony from Darren Wilson is more than an irnlg thick here inch thick weve been poring through. Sunny hostin said he almost uses cartoonish imagery to talk about the first altercation at the car with Michael Brown. Let me read you from his testimony. He says first, when i grabbed him when they started to get into a physical fight the only way i can describe it i felt like a 5yearold holding onto hulk hogan, thats how big he felt and how small i felt from grasping his arm. He goes on to say the only way i can describe it looked like a demon, thats how angry he looked. He comes back towards me again with his hands up. Jeffrey, this gives us a real window into the mindset of Darren Wilson while all this was happening. It does. But it is worth remembering that initial scene in the car hes talking about, the gun went off twice. Thats very serious business. Darren wilson shot his gun twice in dns. You can understand why that he felt like he needed to use vivid language. I still am less convinced that the confrontation outside the car, where Michael Brown died, he was justified, but you know, you can understand why he was deeply threatened by what went on in that car. I think just focusing on that imagery, obviously hes referring to a cartoon character when talking about those things but it doesnt surprise me because hes trying to be i think as vivid in getting his point across to the grand jury that i was terrified, and i think if you step back and look at the whole picture, it starts in that Convenience Store, and people should remember that video. Youve got big Michael Brown, grabbing a little guy by the neck, throwing him up against the wall. Now by the way, thats literally ten minutes before he encounters officer wilson. But Darren Wilson hadnt seen that video. Im talking about when you try to figure out whos who in this saga. Is it possible that mike brown acted in this violent a way, because what happens next is wilson says, i backed the car up, when i became aware that they were the robbery suspects. They pushed the door closed, and then brown gets into the car, tries to get my gun. I could feel his finger on the trigger, says wilson, and the gun then discharges twice. Wilson was afraid he was going to be killed. So in wilsons mind, someone has just tried to kill him, and now theyre trying to escape, and that person, by the way, is a wanted felon. So what does he do . He gets out of the car, and pursues, and i think the grand jury looked at this and said whats a cop supposed to do in that situation . What is a cop supposed to do . After that situation, where you have a physical altercation with someone at your Police Cruiser and gunshots are fired, you cant drive away from that, can you . Sure you can. You absolutely can. There is no reason to initiate a confrontation if you can avoid it. There is part of the being a cop is to get help, especially if you feel like you cant handle the situation. Hes already radioed for help. Hes already radioed for help but you know hes supposed to run away from the bad guys . The situation or stay away from the bad guys. Stay away and then do what . No, no, then do what . Then he runs off the street, into whatever, you know, housing areas are there and he gets away. And then maybe is a danger to the public. Remember he only knows Michael Brown is a guy who was just involved in a robbery of a Convenience Store. Pushing back on the point you make, paul, he stole cigarettes. With the use of force which is defined as a strongarm robbery. Thats a felony under missouri law, new york law, anyplace else. True enough but he also ended up dead. Yes. And we dont have the Death Penalty for stealing cigarellos. Let me get to another topic, im curious about any of, you showed the real ream of paper f the testimony. Would any of that play into a federal case if prosecutors decide to look at a federal case . Certainly this is the key evidence in a federal case, but given federal law, i think its extremely unlikely that there will be federal charges. Its a harder threshold to meet and basically involves proving racial hostility, racial animous required to use for a federal prosecution. If they couldnt prove this, it seems even more unlikely. Do you disagree . No. I figured youd agree on that. We agree on one but only one. Its very difficult to make a federal case here and i think civil case do you think . In the zimmerman case about a federal case, you notice we havent heard anything more about it, theyre hard cases to make. I think a civil case could be filed, it undoubtedly will be filed by the family and you know know something . It will depend on whether they get a sympathetic jury. Before we end this hour its important the statement from Michael Brown sr. Calling for calm, because the scene that we saw with chris and all of our reporters overnight is not the scene that they would have wanted for their son, because again what were looking for here is the family figure theyll get a civil case, the potential for federal prosecution. Can i bring up that statement from the father . I think this is really telling basically saying this is not the way they want Michael Browns legacy to be. We are profoundly disappointed that the killer of our child will not face the consequences of his actions. While we understand many others share our pain we ask that you channel your frustration in ways that will make a positive change. We need to Work Together to fix the system that allowed this to happen. Those people who were breaking windows and setting cars on fire were betraying Michael Brown, they werent honoring him. Paul call an and Jeffrey Toobin thank you for being here. Its time for newsroom with carol costello, don lemon and chris cuomo. Thanks so much, have a great day. Newsroom starts now. Captions by vitac www. Vitac. Com jeerks an explosion hive decision. They determined that no probable cause examinists to file any charge against officer wilson. Reporter igniting outrage in ferguson. What are you saying, that our lives are not worthy . Weve had enough, enough racism and enough bigotry. Windows smashing, fires burning. Tear gas billowing. Cnn reporting in the thick of it. Tear gas. People are throwing stuff at