Schedule. Remember that esquire article, and we made recommendations for a wellrun senate, which included fiveday weeks. Someone read it. Someone actually read it. And theyre going to do six in a row. Im telling you, its a great recommendation, but theyre going to drop like flies. Well, president obama brought the discussion of ferguson to the white house today. When any part of the American Family does not feel like it is being treated fairly, thats a problem for all of us. Ferguson is on the president s mind. To enhance understanding and cooperation between Law Enforcement officials and local communities. Theres got to be a way we can do better. Is meeting together for the First Time Since the grand jury decision. We dont want it to become another bureaucracy, taking the information and doing nothing. Im here forever screaming, crying, praying. Im a citizen of ferguson, im depending on you. Darren wilson resigned from the Ferguson Police department. In washington, d. C. , demonstrators blocked traffic, staged a diein protest at st. Louis county retail stores. Five players came out with their hands up. The assistant District Attorney handed the grand jury an old, unconstitutional law. The protesters really believe that Michael Brown was targeted. Which said incorrectly, that it is legal to shoot fleeing suspects, simply because they are fleeing. Protesters are still looking for some sense of justice. Darren wilson, who shot and killed the unarmed 18 year old Michael Brown resigned from the Police Department on saturday. He will not receive any severance or benefits package. In a letter he said, it was my hope to continue in police work, but the safety of other Police Officers and the community is of paramount importance to me. It is my hope that my resignation will allow the community to heal. Ferguson will need more than just Darren Wilsons leaving. The person who led the grand jury investigation clearly sided with officer wilson. The analysis of the grand jury transcripts reports quote, the prosecutors rarely asked skeptical questions of officer will s p and frequently let testimony supporting him pass unchallenged while boring in on the statements of witnesses whose accounts conflicted with the officers. The most positive assessment of the grand jurys work was that she was utterly and completely incompetent. The other possibility is that she was actively biased in Darren Wilsons favor and acted in an unrow fegsal and unethical manner on her bias. As i pointed out on this program last week, in a stunning burst of incompetence or deliberate misdirection, she handed the grand jury a copy of what she said was the law governing police use of deadly force. But it had not been the law since 1985, when the United States sleep court ruled it unconstitutional. Cathy aleez day handed the grand jury a copy of an old, unconstitutional law that had not been the law during her entire legal career. It was a law, very favorable to darren wilson, because it said police in missouri had the right to shoot any fleeing suspect simply because the suspect is fleeing. The Supreme Court ruled that unconstitutional in 1985, but cathy lease day did not tell the grand jury that. She let them sit through virtually all the testimony believing the old law was still in force. And only at the very end of the grand jurys roses, just before they were ready to deliberate, did cathy leez day hand them a new document, specifying the correct law on police use of deadly norforce, and she told t as she handed them the law, that does correctly state what the law is on when an officer can use force and when he can use deadly force in effecting an arrest, okay . I dont want you to get confused. And dont rely on that copy or that printout of the senatatute that ive given you a long time ago. There is not entirely correct or inaccurate. But there is something in it thats not correct. Ignore it totally. Now we all learned the answer in high school. It is one word, yes, but she could not bring herself to give that answer. That simple one word answer. Instead, cathy aleez day who took an oath as a lawyer, to guide that grand jury in the most honest and ethical way possible refused to answer that simple question from a grand jury. Does the Supreme Court override the missouri statute. And instead, Cathy Alizadeh told the grand jury, quote, just dont worry about that. The other District Attorney with her in the room chimed in, we dont want to get into a law class. The grand jurors question didnt require a law class. It required a single word answer, yes. Cathy alizadeh never explained what was incorrect about that old constitutional law that she had given them, and she never explained to the grand jury the specifics of the new law that she handed to them on a piece of paper at the end of their investigation. Cathy alizadehs name does not appear in most reports and analysis of the Michael Brown case, but no one had a stronger influence on the grand jurys decision than Cathy Alizadeh. We have invited Robert Mcculloch and Cathy Alizadeh on to this program. And we have submitted the following questions to the District Attorney. How many times has Cathy Alizadeh submitted the wrong law to a grand jury for its Legal Framework for an investigation . How many times has the District Attorneys office as a group submitted the wrong law to a grand jury as the Legal Framework for that grand jurys investigation . And is the Michael Brown case the very first time that the District Attorneys office submitted the wrong law to a grand jury for the Legal Framework for its investigation . We have received no answers to any of those questions. Joining me now is kendall coffee, a prosecutor. John burris, i want to go to you, because were now at the stage where the question is, whats next. Theres two possible questions here. One is the federal investigation and a possible federal prosecution and secondly, what civil remedies does the family have in bringing a lawsuit . Two things. In terms of a federal prosecution, the u. S. Attorneys office or department of justice can bring a criminal lawsuit against the officer under 18 us 242. And race is not required. It is just really the use of Excessive Force under the color of law. That can be done. Thats not that challenging of a case. Its not any different than bringing a murder case against a police officer. That actually can be done, although people think it cant be, i think it easily, it can be prosecuted. Theres plenty of evidence to show technically when an officer says that he contemplated his legal right to take this shot, the last two shots. That certainly suggests to mow that was a reckless disregard. Now of course they can bring a federal civil rights case under 42 usc 1983. These are common cases that are brought all the time. Ive brought many of these types of cases, and, again, its the question of whether Excessive Force was used. In this particular case, the standard and burden of proof is less, its preponderance of evidence, whereas in a criminal case, its proof beyond a reasonable doubt, which is a much higher standard, but its not any different than the standard you have in a regular criminal case. So i think either one of those can be brought, i know the civil case has to be brought. Thats easy enough to do. Thats a private matter, can be done by private lawyers. On the other hand, the criminal case has to be brought by the u. S. Attorneys office or it can be brought out of the department of justice in washington, d. C. That also can be done. We had that in the rodney king case. Here i think the concern is that the state, prosecutors have messed up the case by their examination of the various witnesses. And making it very difficult to bring another case. But at the same time, if you listen to the officers statements, those statements in and of themselves seem to constitute the basis upon which a civil rights case can be brought and won. Because of his statements to shoot a man who had been wounded two or three times, who was walking, woundedly, he claims that he had some supernatural strength and he took the necessary effort to shoot this young man twice, in the face and in the head, and he did that when he was 30 or more feet away. Thats murder. Kendall coffee, your reaction to how this grand jury worked. I went through last week about Cathy Alizadeh submitting the wrong law as the framework for this investigation, before officer wilson testifies, and at the very last minute, one of the last things she does before that grand jury goes off to deliberate among themselves is she hands them the right law. But in both instances, she hands it to them on a piece of paper. She doesnt explain the law to them. Theres no excuse for misstating the law at such an unfortunate time in front of the critical witness. Nor can it be justified that there was an ambiguous attempt to correct the misstatement toward the very end. And i think what this illustrates, and i want to get back to the point that john just made is that the federal lo ses should take a very independent look at these facts, not relying on the grand jury determination in the state and local process. Because as weve seen, there were many flaws in that process. Im saying this with the utmost respect to the individual grand jurors but a lot of concern about the process itself. So that should not be a process that causes the feds to say, hey, they couldnt meet the state burden. We cant really seriously consider whether theres enough evidence here to meet the admittedly higher federal burden of showing some intentionality. Its not a burden to show racebased discrimination or conscious thought about the constitution, but you do have to show reckless degree of intentionality and the with use of Excessive Force. And if you take the preponderance of witnesses who said they saw some sort of gesture of hands being raised. If you take some of officer wilsons statements and examine them through a window that says, what if he was lying. He said there was a hand reaching for the waist band on the part of Michael Brown. No other witness seems to have said that. He, officer wilson didnt seem to see the hands being extended up, as a number of other witnesses said. So if you piece together, not only the witness testimony that favors a homicide prosecution, but also what a prosecutor might say are false, exculpatory, that is to say statements by officer wilson that inaccurately attempted to portray a picture of innocence, you could add up to a case, it wouldnt be an easy federal case, but it is certainly something that needs to be seriously considered. Kendall kof fee and john burris, thank you for joining me tonight. Coming up, janay rice speaks out. And drones flying too close to commercial airliners. The faa is taking action. [ hoof beats ] i wish. Please, please, please, please, please. [ male announcer ] the wish we wish above all. Is health. So we quit selling cigarettes in our cvs pharmacies. Expanded minuteclinic, for walkin medical care. And created programs that encourage people to take their medications regularly. Introducing cvs health. A new purpose. A new promise. To help all those wishes come true. Cvs health. 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Up next, ray and janay rice speak. Its not about how many miles you can get out of the cmax hybrid. Its about how much life you can fit into it. The ford cmax hybrid. With an epaestimated range of 540 miles on a tank of gas. And all the room you need to enjoy the trip. Go stretch out. Go further. A dry mouth can be a common side effect. Thats why theres biotene. It comes in oral rinse, spray or gel, so theres moisturizing relief for everyone. Biotene, for people who suffer from a dry mouth. Into one youll never forget. Earn triple points when you book with the expedia app. Expedia plus rewards. Have you seen the second tape . No. I refuse. I refuse. Im not going to let the public bring me back there. Hmmm. In the spotlight tonight, ray rice and janay rice. On friday, ray rice won an arbitration appeal from his suspension from the nfl. Roger goodell changed ray rices suspension from two games to indefinitely after the elevator video, the inside the elevator video was released in september, saying that ray rice had misled the league as to what happened that night. The arbitrator disagreed finding, i did not find that rice misled the league. That the league did not realize the severity of the conduct without a visual record also speaks to their admitted failure in the past to sanction this type of conduct more severely. The Washington Post reports today that the nfl is considering changing its personal conduct policy to allow someone other than Roger Goodell to make discipline decisions, but the league insists that goodell would still handle appeals. Espn reports that at least four enlightened football teams have shown interest in re rice. Here is a preview of matt lauers interview with ray rice that will air on the today show tuesday morning. Reporter what do you think it would take for another owner and another group of fans to put the images of that video behind and say well take a chance on ray rice . One thing i think that, you know, they would have to be, you know, willing to, you know, look deeper into who i am and realize that me and my wife had one bad night, and i took full responsibility for it. And one thing about my punishment and everything going along with anything that happened is that ive accepted it. I went fully forward with it. I never complained or i never did anything like that. I took full responsibility for everything that i d and only thingki hope for and wish for is a second chance. In her interview with matt lauer, janay rice addressed her controversial apology during the may press conference. Reporter did anyone at the ravens say, janay, it would be really good if you issued some kind of an apology. They suggested it, yes. Did they come up with the wording . No, not specifically. They gave us the general script. I do deeply regret the role that i played in the incident that night. Reporter that really started it. Mmhm. And that was frustrating for me because obviously people took it that i was taking light of what ray did. I was basically not doing what i was told but at the same time i didnt think it was completely wrong for me to apologize because at the end of the day i got arrested too, not taking anything off what ray did because i agree with everybody else, it was wrong. Reporter but had it not been for the ravens suggesting or urging you to apologize you would never have been at that press conference and would you never have apologized . No. Laura, theres janay rice saying they put her up to doing this apology and she wouldnt apologize if they didnt make her do it. Within that statement, she says i got arrested too, so i did something wrong too. She said that to matt lauer. She was, in effect, apologizing within her retraction of the apology. Yeah. And its incredibly sad, isnt it, that she would do that. But i completely understand, because we live in this culture, in this society where we have this blameocracy where the team is writing a script. Why wouldnt she feel some sort of responsibility or blame for that . It makes perfect sense. Thats how everyones telling her its going to be. Jordan, theres an espn report saying four teams are interested in signing ray rice. And therefore, laura, i assume theyre willing to put up with, i dont know, hundreds, thousands of protesters outside the stadium . Theyre willing to take on a controversy thats bigger than what the Washington Football Team contends with . Yeah. Thats a good point. I will say this, there has been more reports saying now theres really only two teams, some teams are backing off, including new orleans and indianapolis. He is 28. If a team wants to make the playoff push, ray rice is one of those guys that a lot of people feel like could help. My thing is, Roger Goodell, its easy to lead when its convenient, now youre seeing whats happened with hem in the nfl, especially the players union. Theres an interesting line in what the arbitrator said, laura, where shes finding fault with Roger Goodell for not understanding what happened even without seeing the individual ovof the punch of what happened in the elevator. She refers to the inadequacy of words to convey the seriousness of Domestic Violence. We all heard about this thing that happened insi