and the district attorney who put aaron hernandez away for life will join me. but first, there is a new report tonight from oklahoma about the reserve deputy who says he mistaken left-hand shot and killed a suspect when he meant to use his taser. sources inside the department are saying that the man did not fulfill the training required to participate in arrests like that one. >> tulsa, oklahoma 73-year-old robert bates was formally charged with second degree man slaughter. >> after he says mistakenly he reached for his gun and not his taser. >> robert bates' attorney says he didn't think he should be charged at all. >> a well intentioned surgeon causes the life of a patient, they don't get charged with man slaughter. >> his analogy to the operating room, that's wrong. that's not what we cow criminal negligence. guilty of murder in the first degree. >> former patriots aaron hernandez guilty of murder of odin lloyd. sentenced to life in prison without parole. hillary clinton wrapping up day two of her iowa campaign. >> i want to hear from people on the front line. >> she's riding around in a van volg the grateful dead or something. >> but democrats and hillary, republicans have mayhem. >> who is the republican nominee likely to be? >> i don't care. i think they're all losers. >> smile gyroincorporator piloted by a postman caused quite a scare today. >> reportedly protesting campaign finance laws. >> violated the no fly zone nonviolently. ♪ the suls sa world newspaper is reporting tonight supervisors at the tulsa county sheriff's office were ordered to falsify a reserve deputy's training records, giving him credit for field training he never took and firearms certifications he should not have received. at least three of reserve deputy robert bates' supervisors were transferred after refusing to sign off on his state-required training multiple sources speaking on condition of anonymity told the world. robert bates is of course, the 73 the-year-old man who, in his role as a volunteer reserve deputy, shot eric harris while he was being arrested and handcuffed by tulsa county deputies. eric harris later died at the hospital. >> on your stomach, now. >> oh, i shot him. i'm sorry. >> he shot me, man. oh, my god. [ bleep ]. you hear me? >> turning now to sam smallen, the attorney for the family of eric harris, zeba branstetter from "the tulsa world" and andy coats, from the university oklahoma college of law and a former criminal defense attorney. zeba i want to get to your report tonight about the possible falsifying of the training records of this reserve deputy. tell us what you know about that. >> well, this is something we started hearing, lawrence like one day after the shooting. multiple sources called us. they were afraid to speak with their names, but they had said that the training records for deputy bates were not accurate that he was not taking the training that he was recorded to have taken that supervisors who expressed concern, who refused to sign off were transferred. this happened with the field training that they do with other officers. they also happened with the firearms certification training according to our sources. today, we were able to get documents that corroborated this to the fullest and we're very confident that we have the information correctly. the sheriff's office says that they don't know anything about this and that the training records are accurate. >> and, ziva as i understand your report he was qualified as what they call advanced reserve, which allowed him to participate in virtually everything that any of those regular sheriffs would do. and there are other levels of this that restrict the participation of some of these people if they haven't completed this training. >> correct. so many states have this system of reserve deputies people who basically volunteer to help with things like crowd control, you know, just sort of normal patrollingpatrol ing duties. deputy bates was, for all intents and purposes a regular deputy. he was going on an undercover task force, an agent of 73 which some people have noted is surprising. he was conducting. and according to his statement that we obtained today, more than 100 undercover operation wes this unit. he according to the records we obtained by the sheriff's office, had more than 400 hours of training. the sources we talked to say the documents we reviewed say that is in question. the sheriff said some of these firearms records have been lost and destroyed and he's still trying to figure out where they are and if deputy bates was certified with his firearms. >> andy coats, as a former prosecutor there in oklahoma are you hearing any potential violations of law in what ziva has been reporting? >> well certainly. if there's a real can of worms in the sli's office where they're not doing the training that particularly the reserve deputies should have before you put them out on the street, i think that's a serious problem and they need to look at that. all of these guys that are out there doing law enforcement work making arrests and involving themselves in undercover operations need to be adequately and properly trained. and if they're not, it's the fault of the sheriff and the sheriff's staff and maybe not the individuals. >> vince, what's your reaction to this latest report that the certifications that have been claimed for this man may not, in fact, have occurred? >> it's not surprising to me. in fact, ziva mentioned that she heard it the day or two days after the shooting. i have been hearing from our sources of the last 12 to 18 months that mr. bates had been -- at times unnecessarily on the streets of tulsa and that there were good officers good deputies at the sheriff's office that were begininly concerned about the situation. >> and are you filing a civil lawsuit in this case? >> right now what we're doing is my office and the attorneys in my office are investigating the facts surrounding the death of eric harris. we have an obligation to do due diligence and to investigate all facts and look at any and all potential claims that could be brought. those claims would be claims against the sheriff himself and both as an official and individual capacity as potentially the board of county commissioners that allowed that sheriff lance, in our opinion, to essentially run wild with the sheriff's department. >> and in a civil litigation like that it seems to me that this possible falsification of training records would both be highly relevant and a very very high incentive for the other side to settle. >> absolutely. it absolutely would be because there's another layer of liability above just the liability that attaches to mr. bates for the wrongful shooting but this is a liability that attaches to the governmental entity, in this case the sheriff's office for allowing indifference with respect to the reserve deputy program. >> now, ziva i want to go to your report from yesterday, which was quite striking about the sheriff's office accepting the officers who were on the scene who we see in the video, one has his knee on mr. harris's head. their game is we didn't hear him say he was shot. and we didn't hear the shot. let's watch the video one more time. so that we know what we're talking about and then we'll go to your reporting of what they say they did not hear at that time. let's watch this one more time. >> oh he shoot me! he shot me. [ bleep ]. [ bleep ]. >> oh, god. oh, he shot me. he shot me, man. oh, my god. >> didn't do -- [ bleep ]. you hear me? >> in his back. >> and ziva what did your reporting show about what those officers now claim? >> they claim that they didn't hear the shot that they weren't aware that eric harris was shot. there is a consultant that the sheriff's office has brought in. he gave a press conference at which he discussed a syndrome in which law enforcement officers lose their hearing their auditory capabilities during a stressful situation. however, that is definitely contradicted by their own information, that deputy bates said taser, taser, which is standard procedure when you're going to use a taser and the deputies got out of the way so they didn't get tased. so there's a lot of contradictions that we've been putting out in reporting. we're just trying to get to the truth so that people at tulsa and oklahoma so that they can know what happened. >> we have clark brewster on the program tonight. he is the defense lawyer in this case. and he tweeted this last night about what the other officers on the scene did and said. he tweeted saying the language used by the officers not mr. bates, was wrong and indefensible. andy coats, what's your reaction to that? >> well, i'm not sure it's all that relevant. the real question here is what is the culpable negligence of the guy that pulled the trigger? that's the guy that you filed the criminal charges on. that's the one that you would decide whether you ought to try to send to the penitentiary or not. and it seems to me that that issue sets apart from what anybody heard or saw or did. i mean he pulled a gun snz instead of his taser and shot the guy. you have to decide whether that's worth criminal sanctions. >> i want to go to something else that clark brewster said last night about the culpable negligence, which is part of the second degree man slaughter charge. let's listen to what he had about this last night, why he thinks that the law doesn't apply here. >> the statute doesn't say negligence. it says culpable negligence. and the case law interpreting that means some elementary of men's wrath, some recklessness some act outside ordinary negligence. it's not a negligence statute, that would be a civil proceeding. that's why i thought the d.a. made a mistake inand feeling the pressure from the media to charge this man. >> i checked oklahoma case law today and got the jury instruction on it from the uniform jury instructions. it says this the term "culpable negligence" refers to the omission to do something which is a reasonably careful person would do or the lack. it seems to me that this is not a trickly phrase man slaughter statute at all. that jury instruction seems pretty simple. >> absolutely not. it's very simple. i do want to clarify. mr. bates didn't inadvertently pulled his resolver. he carried a .357 resolver from his patrol vehicle, which is unmarked. he had a bright yellow taser on his chest and he has a pistol in his right hand. according to mr. bates' fist statement, and his initial statement, he had a pepper ball gun in his left hand that he used his right hand to power the valve up with. i'm curious how that happened. if mr. bates inadvertently grabbed his pistol from his truck, not pulled it out right when this event is taking place, but literally carried it from his truck how that's not culpable. he walks up to the man with a .357 that he's not certified to use and i doubt any deputy whether they're reserve, advanced special deputies are ever certified to use a stub nosed .357 revolver in the line of duty. >> andy coats, quickly before we go, as an experienced prosecutor there in oklahoma i don't see any tricky language in this jury instruction on culpable negligence. do you see any merit in what clark brewster was saying last night, that that culpable negligence is not met in this situation? >> oh i think not. this could have been man slaughter one. it's an act done without intending to kill somebody with a dangerous weapon. that's enough. so the d.a. used some discretion in lowering it to man slaughter two. because i think the culpable negligence is reckless disregard. it's when you're negligent, but you're beyond what you do. when you pull a gun out and point at it and pull the trigger, you ought to know what kind of gun you've got in your hand. >> yeah. i made that point last night that i could see this charge going up to a man slaughter one, but we'll do more of this on another night. dan smollen, ziva branstetter, and dan coats, thank you for joining us. coming up we have additional dash cam video of shah can shoulding scene in arizona where a police officer used his cruiser to run over an armed suspect. you will see more of what happened before the car hit the suspect. and the district attorney in the aaron hernandez murder trial will join me. plus the democrat who is running or might be running against hillary clinton took a swipe at her in a new video today and senator gene shaheen introduced legislation today to put a woman on the $20 bill. tweet us who you think that should be. senator shaheen will join us later. bring us your aching... and sleep deprived. bring us those who want to feel well rested and ready to enjoy the morning ahead. aleve pm. the first to combine a sleep aid... plus the 12 hour pain relieving strength of aleve. for pain relief that can last until the am. so you... you... and you, can be a morning person again. aleve pm, for a better am. we now have more of the dash cam video showing what happened before the police car hit the suspect. >> you don't want to do this. you don't want to do this. >> i got a male hispanic male. he has the gun to his neck and he is now walking southbound towards the next -- i'm staying back at a distance. >> put the gun down! just put the gun down. we have a unit coming from shockton north on the frontage road. keep everybody away. >> okay. everybody -- >> arizona civilian. >> one round just went out into the sky. it's unlocked now. he's loaded. have units be prepared. >> 10-4. did the subject shoot any more or did you shoot? >> negative i did not shoot. unit right there, stand off, stand off. the gun is loaded. the unit on quintera park, with stay off. oh! [ bleep ]. man down. >> earlier tonight, chris hayes asked the police chief if the officer who drove into the suspect made the right decision. >> i absolutely believe it was the right thing to do. you have a guy who is acting erratic. he's notice obeying commands. he has a high powered rifle. people say he wasn't posing a threat, but he absolutely with that gun in his hand, he's posing a threat to anybody that comes across and to the traffic in the area. he's a quarter mile from i-10. all he has to do is raise the weapon and start firing and we're at a huge decides advantage. he steps away from -- 15 seconds away from entering one of the businesses and if we don't do something and somebody gets hurt, clearly we're answering a different question about why didn't you save my load one. coming up former patriots star aaron hernandez is going to spend the rest of his life in a prison that is so close to the stadium where he used to play that he will be able to hear the cheering of patriots fans from his cell during every patriots home game for the rest of his life. the district attorney who put him in that prison cell will join me. ♪ where do you get this kind of confidence? 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>> well it was very emotional. it had been a long deliberation and when the verdict came in i think we all were very happy with it that the juror found him guilty and we had proven the case beyond a reasonable doubt. >> after about one day of deliberation, it seemed to me that the second-guessing of your office, your prosecutors and your handling of this case got louder and louder every day. by the time we got into the seventh day of deliberations, there were an awful lot of people thinking the d.a. blew this case and they were probably going to come out of there with a hung jury. what was it like going through such a long jury deliberation? >> well we felt good about it. it can get tense and stressful. everybody is talking, what's going on? what's the story? but we felt we had a strong case. monday and tuesday, the jury deliberated all day. there were no questions. i think that was a good sign for us and we felt confident. i felt good. i mean once the verdict was announced, once they indicate there is a verdict, there obviously is that level of excitement and wondering what's going to happen. but i think the verdict was well supported by the evidence. i think our trial team did a great job and i think it was the appropriate result. >> you had something occur in this trial that i've certainly never seen and that was in final arguments, a defense lawyer actually introducing evidence introducing it for the first time saying well okay aaron hernandez was there, but he's not the guy who did it. this after a long trial in which the issue of where he was was, in ek being contested by the defense. >> yes. i think a lot of people seem to be surprised at that. i think that's a -- a trial -- that's a trial strategy that they felt they had to do. i think, frankly, to argue that he wasn't there was not credible. there was very strong evidence putting him at the scene of that murder dna evidence footprint evidence the tire marks from the vehicle and video showing the vehicle going there. so it did appear to take a lot of people by surprise. but as i indicated, i think that would not have been credible to argue he would not have been there. >> yeah. it seems like your prosecution locked them in on that point and they realized they had no choice. there's so much more to talk about about this. we ran out of time for it for tonight. thomas