♪ this is al jazeera america. i am erica pitzy in for john sieg siegelthaler. >> the kentucky clerk refused to issue same-sex marriage licenses. a judge said her faith is not a valid defense the. tipping point, the global refugee crisis, the growing wave of humanity. >> we see european leaders, among them, the prime ministers

are not able to control the situation. >> will those in power act? collision course. tom brady is making headlines. it's the concussion controversy. we talk to a hall of fame per who say the goal took a heavy toll on him. hope art. he is coming to america. before he does, we will introduce you to the artist creating this massive mural of pope francis: ♪ we begin in kentucky where a county clerk is in jail tonight for refusing to issue marriage licenses to gay couples. a tearful kim davis told a federal judge today her faith simply would not allow it. davis was found guilty of contempt of court and jailed until she agrees to follow the law. john terret joins us now from

ashland, kentucky. good evening to you, john. >> good evening to you, erica. i don't think there is a commentator here who thought this would end up in jail tonight. a fine. possibly a big one, yes. maybe even some kind of brokered deal by the judge, yes, but jail, no. but as if to prove it, here is the mug shot now of 49-year-old kim davis, mother of four. she's been married on four occasions to three different men. tonight, she is in jail for her christian beliefs and equally extraordinary, the judge gave her two get-out-of-jail-free cards today and she turned them down on both occasions. on the steps of the court house in ashland, kentucky, both sides in this battle over religious freedom faceoff. those against same-sex marriage thought there was little to do but pray on the courtroom steps.

others shouted at the top of their voices about why the other side doesn't get it. the language, sometimes harsh. >> so the homosexual did intend to make it so that no one can disagree with them, say that ho homosexuality is sin or refuse them a service where you would have to endorse their perversion. >> it's the supreme court of the united states. >> the case was brought by the aclu for refusing to follow orders from the court to issue marriage licenses to all, including same-sex couples. thursday's hearing was the first since the supreme court on monday turned down her appeal of those original orders. the judge said davis could issue marriage licenses to same-sex couples if she wanted, but chose not to flying in the face, of the high-courts historic june decision legalizing same-sex marriage. he said if you give people the opportunity to choose which orders they follow, that's what potentially causes problems. judge benning told davis she could avoid jail by agreeing to issue licenses from the doc, she refused and was taken away by

marshals. >> these laws need to be obeyed, and we are going to follow them, and the judge made that very loud and clear today, that the laws need to be followed. >> five of six deputies to kim davis who were also in court agreed to issue marriage licenses to all comers. the one holdout being her son, nathan. >> means this typed note on the door of clark's office in moorhead is likely to come down. kim davis telling the judge she would rather stay in jail than cooperate with her deputies handing out licenses. okay, judge, said the judge, jail it is. >> kim davis is incarcerated having the highest respect of the law but unable to violate her conscience. she represents the best of us and everyone should lament and mourn the fact her freedom has been taken away for what she believes. >> and white house spokesman john earnest this goes to show that nobody is above the law, not even a county clerk from

kentucky. erica. >> john terrett reporting to us from ashland, kentucky. thank you. reaction at the courthouse where davis works appears to be mostly in favor of the judge's ruling. al jazeera's diane esterbrook joins us from moorhead kentucky with that. >> erica, this is a small county only about 23,000 people, and it's really been in the eye of the storm these past few weeks with davis not issuing these licenses, but today, the attention shifted from rowand county to about an our west of here in ash land where she went before the federal judge and was given jail time for not issuing those licenses and violating the court order. earlier today, we went to the clerk's office just to see if we could get in. we went in about 8:15 this morning. it usually opens at 8:00 o'clock. we found a sign on the door saying that davis and her deputies were going to be in federal court. the office was closed for the day, but it would reopen

tomorrow. we were also here today when the judge handed down that decision, and people coming in and out of the court house doing business thought that the judge's decision was not only -- was appropriate because they said she really wasn't doing her job. >> i think it was her job, she should do it. if she can't, she should step down. i mean, if your beliefs compromise your duties, then you shouldn't have that position. >> you can have all of your religion you want to, but when you get accepted to a job, get pointed to a job or any government job, you leave your religion outside that door because if you sign them papers to do a job, do it. >> now, this afternoon, davis got support from two very high-profile people, two g.o.p. candidates for president, mike huckabee and rand paul. rand paul said i think it's absurd to put someone in jail for exercising their religious

liberties. this is the problem when on high we decide to get involved on a federal level with something that has always been a defendant local issue. so she's getting defenders on one side and people on the other side who say what happened today was appropriate. she should have gone to jail and not just fined. erica. >> diane esterbrook live in m e morehead, kentucky. to europe and a growing humanitarian crisis. kay objection again in hungary today as refugees desperate to get to germany clashed with police. >> forced from their train t many resisted. one couple through themselves on to the tracks. the government is debating closing refugees on september 15th. andrew simmons reports. >> it was a day that started with elation, refugees running through doors, but suddenly, unexpected open. they thought they were going to be bound for austria and

germany. most of them with international tickets. they crammed into carriages, waiting apparently, but this trail travel for no more than an hour. then this unscheduled stop at bechka station. the refugees were convinced they had been duped and the police were going to take them to a nearby refugee camp. some jumped down on to the rail line. the police moved in. this father with his wife and toddler resisted with all of the force he could muster. attempts by the police to pull them away. what's happening enraged the other refugees. tevenlt, the family was taken away. gradually, the situation turned from anger to subdued anxiety. what followed was a long stand-off. refugees posting notes at windows, chanting occasionally "no police. no camps" not for the first time

in this crisis, there was constitution stress, stress and shear exhaustion. then the police moved again. >> these people have been here for more than two hours in a stand-off. now, it appears to be ending because we are being forcibly ejected from the platform. we tried to stay here. we tried to board the train. these people are calling for us to get on the train or at least stay here, but as you can see, there is no way we can stay here because we are being forcibly removed from the platform. sc scan. >> this stand-off hasn't ended. the police ensure the media was away from the refugees but still within the station. six buses are parked nearby. the refugees stanford into stuffy, over-heated carriages remain defiant but powerless. andrew simmons, al jazeera, beschke station. >> the hunting image of a drowned syrian toddler shocked world. it has become a call to action

in the refugee crisis. today, we heard from the child's father and from his relatives in canada. allen schauffler joins us with more from can vufr. >> one of those relatives is a woman who lives here in the vancouver/british columbia area. she has been trying to get her syrian relatives to safety here in canada. so far, she has not been successful and sadly over the last day, she has had to watch news reports with the rest of the world of the deaths of her sister-in-law and her two young nephews, ages 5 and 3. i want to warn everybody watching that they are graphic and disturbing images in this story. >> two kids. didn't see a good life at all. two weeks ago, garlet said to me, can you buy me a bicycle?

tima kurdi, in tears at a presses conference in british columbia. of the family, only her brother, abdullah survived their small boat sinking. >> his wife told me a week ago, i am so scared of the water. i don't know how to swim. if something happened, how would i let abdullah go? i don't want to go. and i said to her, i cannot push you to go. if you feel like you don't want to go, don't go. >> at least eight others also drowned trying to row from turkey to a nearby greek island. pictures of the recovery of the three-year-old dead on a turkish beach have been published in papers, spread by social media

around the world. spot lighting the biggest movement of refugees on the european continent since world war ii. as hundreds of thousands of displaced syrians and others flee war and persecution. these pictures putting a young face on a growing human catastrophe. >> is there anyone for whom this child is not precious? my children were wonderful. they would wake me up in the morning saying, daddy, let us play. everything is gone now. >> salahe who left rather than 21 years ago as a political refugee worked with him for several years. >> because of this fortunate decision, it touched our hearts and we are bat in the news again. >> he calls the situation a world crisis and wants all countries to help. >> to my knowledge, i know europeans are doing the best they can, but the question is why are they not going to the

countries that they are being told that we love you. the countries of their own religi religion. >> as rest of the world struggles with the misery of the mass exodus, in turkey, a father receives coffins from the morgue. >> i just want to sit next to the grave of my children and my wife and rest. >> he said he plans to take the bodies of his wife and sons to syria no matter the danger, to be bur nishingd their hometown. >> according to the data from the united nations, in just the last week, more than 20,000 migrants or refugees have crossed the border into greece. in the last month, for all of the members of the european union, 107,000, those numbers expected to go. erica. >> allen, what's the status of this country's immigration to canada now? >> well, tima kurdi had been trying to get both of her brothers' families into canada.

she started with the older brother, mohammed. he and his family are safe and in germany right now, but the canadian government tells us that they have been unable to successfully complete the papers needed to get refugee status and get in to canada, get in to this country. tima was going to deal with them first and then deal with abdullah. we don't know exactly whether abdullah is going to pursue getting to canada at this point. we understand he is simply planning to go back to his hometown with the bodies of his family and bury them. >> all right, allen schauffler reporting for us. >> european leaders are butting heads. hundreds of thousands have gone to europe this year alone. several countries, including germany favor a quota system to share the burden. others disagree. rob reynolds has more from berlin. >> as europe's refugee crisis expands, france and germany agreed to develop permanent

rules of lodging all members of the european union to take in refugees and asylum seekers, especially from syria. french president francois ho lande spoke with ire tissue prime minister, enda kennedy. >> i believe today it is no longer enough. there are countries -- i am not going to name them. it would not be constructive that have not assumed their moral obligations. >> hollande seemed to be referring to hungary amongst others where the government's treatment of refugees has raised questions of human rights abuses. hungarian prime minister accused germany which has relatively generous benefits and laws for asylum seekers of causing the problems. >> the problem is not a european problem. the problem is a german problem.

nobody would like to stay in hungary. we don't have difficultwies people who would like to stay in hungary or po land or estonia. all of them would like to go to germany. >> orbond taunted european leaders saying they were out of step with their citizens. >> people in europe are full of fear because we see that the european leaders, among them, the prime ministers, are not able to control the situation. >> german chancellor angela merkel said europe needs to share the refugee burden and treat the refugees according to principles of human rights agreed to in international law. >> the world will decide how europe will be seen by the world. we are a community of vams, and the geneva convention is a part of this community that we cannot wish away. >> the french and german proposals will likely be discuss in greater detail when eu foreign ministers meet in luxem

borg on friday and saturday. al jazeera, berlin. >> dissatisfied with their government's response to the refugee crisis, people if iceland are turning to the power of social media. when the government said it would take in just 50 syrian refugees, a prominent icelandic author launched a facebook program. 16,000 people have joined the group urging the government to do more and many have offered up their own homes and shelters. elsa bragadoter is an icelandic group calling. she is zoning us from buffalo new york. thank you for joining us, elsa. ? >> thank you. >> so you are helping to maintain their facebook page which has 16,000 memories it and for a country with a population of only about 300,000, that's a huge response. what do you think that says about this effort? >> well i think, i think it says

a lot because first of all, i believe it shows us that people in general are not satisfied with the reaction of the authorities, government, in response to this crisis. we see have not done enough also in the past, i think, which is so this is a sign of us wanting to accept more. we have accepted about 35 refugees a year up until now. on average. i'm sorry. this is both a statement that we want to do more and we want to do more to respond to this crisis in particular. >> elsa, do you think this social media push could truly create change and really make the government respond? >> oh, yes. i do believe so. and i do think that the people who initiated thund and those

who are active on the page and offering their assistance do believe they can affect change and they can convince the government to accept more into the country, more refugees. >> elsa, when so many other big countries seem to be falling short in their response to the refugee crisis, here comes the small nation of island stepping up to help. what message do you want to send to governments of some of those bigger countries? german, england, turkey? >> that's a big question. well, i do think that -- that the general message we want to send is that this is, you know, this is a genuine, genuine problem that we have to learn how to deal with, and these are lives that we -- that matter. the lives of these refugees are important lives that deserve our

efforts and their attention, and this is not a problem that's going to go away if we ignore it. we definitely have to respond to this as soon as we can. and i think we need this also, yes, as a symbolic gesture to make people think about it more. the people who are offering help, they want to show that they would do a lot, anything that they can provide people with any help. >> absolutely. >> to offer space to live in, food, clothes. >> exactly. like so many have? >> friendship, love, anything you would need. if they get the chance to do it, and they are not saying, oh, bring in 10,000 people into our 320,000 people country, but like they are saying, please do more. 50 is not enough. and of course this applies to other countries as well, not

just iceland. >> all right. elsa, part of the facebook group calling for iceland to take in more refugees. still ahead, edward snowden, what he says about e-mail security and the controversy over hillary clinton's private server. puerto rico politics, why big name presidential candidates from both parties are taking their campaign to the island.

how classified information should be handled. if an ordinary worker at the state department or the central intelligence agency or anything like that were sending details about the security of embassies over unclassified e-mail

systems, they would not only lose their job and lose their clearance. they would very likely face prosecution for it. >> you can watch that episode of "upfront" and all others at al jazeera/upfront. a former state department employee who worked on hillary clinton's e-mail server said he will not testify. brian tabliano plans to invoke the 5th amendment. the benghazi committee is set to question top clinton personnel about the 2012 attack. he was ordered to appear before the committee on september 10th. donald trump and the republican party have struck a deal. trump, who has been leading the g.o.p. field of presidential candidates pledged to support whoever becomes the eventual nominee instead of 1ing as a third-party candidate. the pledge is not legally binding. one problem with that pledge, though, the copy trump held up

was dated august 3rd, the wrong date, when asked about the problem, trump said it was a typo and someone else's mistake. >> the race for 016 has come to puerto rico. democrat hillary clinton and republican senator marco rub i don't are both campaigning and attending fundraisers on the u.s. territory. john then betz joins us live from san juan with an eye on what the candidates hope to accomplish. good evening, jonathan. >> reporter: good evening, erica. this has been the talk of port reek a. some are calling this a showdown betweencally ton and rubio getting a lot of attention, a rare double, dueling appearance. >> they will campaign in puerto rico tomorrow at nearly the same time. both campaigns insist this was a coincidence. observers say this is a good indication of how the island's troubles are becoming a part of the national political landscape. republican senator rubio will be arriving first. he is holding a rally at a

restaurant to discuss the debt and in the island's economy and will be followed by frontrunner hillary clinton holding a healthcare forum in a hospital to discuss the healthcare industry. both big issues here and both topics causing a lot of problems for a lot of puerto ricans. now, keep in mind that puerto ricans are indeed american citizenship. they can vote in the presidential primaries but they cannot vote in the general election. so, the campaigns are likely focused odd puerto rican families in the united states. puerto rico's troubled economy is sending so many of its people to the mainland there are now more port ricans living in the united states than there are actually living not island. and keep in mind, once they land in places like florida and new york, they can easily vote. >> they vote in the orlando in central florida. they are a swing vote. they will vote with democrats as well as they will vote with republicans. so whoever gets that vote kate

wendcentral florida and you can't win florida without winning central florida. >> they have to make commitments to the island f they only come here to raise money, people see through that, and they will not be supportive on election day. >> both clinton and rubio weill only be on the ground here for a few hours. martin o'malley and jeb bush have both visited puerto rico earlier this year and many expect a lot more visits to come because observers say it is becoming increasingly clear with the island's troubled economy that if candidates want to win florida, they have got to make a stop here in san juan. erica. >> jonathh betz. con can you knows and the power of the nfl. critics say a film was edited to go easy on the league. >> plus the ferguson response. what a federal report says about law enforcement's reaction after

the death of michael brown.

head games, wrazing awareness about the dangers of concussions in the n.f.l. we talked to a hall of famer who took the hits and is now fighting for change. classroom controversy: praise by parents and her principal but given a failing grade by the state, the debate over teacher evaluations in new york. plus icon. the big apple welcome did pope francis in a big way. >> a great honor to be a part of this. a guying antic picture of the pope. the 180 foot mural.

>> south carolina will seek the death penalty against a white man charged with the murders of nine black church gories in charleston. 21-year-old dillon roof is accused of gunning down his victims inside the church in june. prosecutors say the ultimate crime deserves the ultimate punishment. roof has yet to enter a plea in the case. >> in a new report, the justice department addresses the police response to unrest in ferguson, missouri, after the death of michael brown. it says police violated protesters' first amendment rights and ant agonized demonstrators with military-style tactics. laurie jane gleeha is in washington with more. >> the st. louis county police chief asked for this assessment to be done last september. the department of justice agreed to review what happened in the 17 days following michael brown's death. what they found were more than 100 lessons to be learned about the police response.

>> what do we want? >> in august, 2014, the tiny midwest city of ferguson, missouri, erupted with frustration over the police shooting of an unarmed black teenager. the death of michael brown sparked days of protest and a massive police response involving more than 50 agencies. some using military style vehicles, sniper weapons and tear gas. it's a response that is now being criticized for being uncoordinated with inadequate communication according to a new department of justice assessment. >> i wasn't surprised about what was found in that report. everything was pretty. >> bo dean was in the midst of the unrest. >> we were just standing on the sidewalk protesting. then they brought the tanks out, and they started shooting tear gas and bean bagsats us. >> it was during those first 17

days after brown's death that analysts found room for improvement, what they call lessoned learned. the report found inconsistent leadership leading to who was in command with limited planning, and the use of i have been effective and inappropriate strategies. some that escalated tension like the use of military vehicles with snippers to move protesters from the streets but the report also found officers faced unprecedented levels of abuse including spitting, screaming, bottle throwing and random gunfire. earlier this summer, mayor james knowles told us, it took a toll on many officers. >> when you see an african-american ferguson officer in a group of people being hurled racist names, being tormented at the time they made those decisions based upon what they thought was, you know, i guess what they felt was in the best interest of public safety.

>> the report found many challenges for the police arose from a lack of community relations with the public ahead. protests. analysts hope the findings will help police departments around the country learn so they can better prepare for the challenges that may lay ahead. >> one of the other challenges, erica was the lack of training in social media. that was one of the lessons they learned, the importance of d desemanating information through tools like twitter. >> all right, laurie jane gleehall at 10 eastern, 7:00 pacific on "america tonight." another victory for super bowl champion tom brady. a federal judge threw out the nfl's four-game suspension of the 19 land patriots' quarterback. he was accused of oozing deflated balls. today's ruling did not address his alleged role in tampering

with the fwaumdz. the judge found legal deficiencies with the league's case and said brady was treated unfairly. the n.f.l. is appealing the decision. critics say deflategate over shadows a bigger problem in the n.f.l. head injuries. >> could change thanks to a new movie raoul paddock has the story. >> i found a disease that no one has ever seen. >> it's a movie that won't hit the theaters until christmas, but the trailer for will smith's latest film, "concussion" is causing controversy. smith stars as real life bennett armol. stud, the league alleged attempts to cover up the issue. the trailer was released odd monday. it certainly pulled no punches, but the next day, the "new york

times" newspaper reported that "concussion" was altered to avoidant agonizing the n.f.l., something the director denied. studio e-mails leaked, written by dwight kane said, we'll develop messaging with the help of an n.f.l. consultant to ensure that we are telling a dramatic story but not kicking a ho hornet's nest. following the trailer, the n.f.l. released their own statement saying, the league was encouraged by the ongoing focus on player safety and that they all knew more about this issue than they did ten or twenty years ago. the issue of long-term injuries to n.f.l. players has been one of the most controversial to hit the sports after suicides. earlier this year, a federal judge approved a $765 million settlement between the league and players suffering from head

trauma. but the release of this picture right in the middle of the n.f.l. season will still be seen by many as yet more bad publicity for america's biggest sport. joining me now from mount pleasant, south carolina, is joe delomilier, a former lineman who took countless blows to the head during his playing years. he is one of the first living n.f.l. players to undergo a brain scan that showed he had signed of the diseased, cte. joining me is his wife, jaifr, a nurse and an advocate for better treatment for retired players. thank you for joining me tonight. >> glad to be here. >> joe, i will start with you. what do you make of these allegations that the n.f.l. interfered with the movie script, possibly playing down the concussion link? >> that wouldn't surprise me because they have downplayed the

concussion situation for such a long time, and really, what we are complaining about more than the concussion situation is cte. that's what the players have. and concushions, which we have been told, you know, how can you tell if you have had a concussion if we played from 1973 to 1985. i know i have had head trauma. that's the reason i went to dr. amala. that's when you have this test, i want to be one of the first to take it because i know there is something going on my brain. and, you know, i have six kids and 11 grandkids and been married for 4 3 years. i want to know what's going on with my body. and i did it for another reason, too. my mother and jerry's mom both had strokes. i was doing it -- i wanted to get my brain tested for people with brain trauma. the military guides, 22 guys, they are coming over and killing themselves. i just was saying, i will be a guinea pig, do whatever i can to

help you, you know, find a cure for this or see what we can do. and that was two years ago. actually, two years today is when i went to ucla and did that. >> jerry, you say you are not surprised that the n.f.l. may have interfered here did that concern you that maybe because of that possible alleged interference that the movie won't really highlight the issue as a real problem that you are saying the n.f.l. must address? >> if the n.f.l. did have a way of alternating the film or altering it in any way, of course they are going to try to soften it. but i haven't seen the movie. i saw the trailer. it looks very interesting, and will smith, i can tell you does a great job of dr. amala and dr. amala did not soften anything when i met him in las vegas when we talked about this and jerry has had several conversations with him. and, you know, he's really quite

a crusader for the retired players. >> jerry, let's bring you in here. you are a nurse, but this is your husband here how hard has it been for you to watch the man that you love deal with this disease? >> well, itt he's been very good. i mean he is very high-functioning. he's done everything the doctors have told him to do to help prolong the ill-effects of cte. but when we were on a conference call when they were giving us his diagnosis, then i just said, well, what is the progress notes? well and they say, we don't know. so that's a situation where it's like hanging over your head all the time. but we do stress -- i mean, he does a lot of mental challenges. he did some hyper barrick treatments, 42 of those with some military guys. that was very beneficial. he -- we stick to a mediterranean diet. he exercises every day.

we have a long-term relationship. he is very spiritual. we are catholic and he goes to mass daily when he can. and, you know, we are a family. we are all in it together, and he's been doing very, very well. so, i am -- i feel blessed in that respect. >> joe, would you want young kids to play football? >> well, it's a lot better game than it was when we played. that's a point i always say to everybody, and when you ask me: am i glad i played football? you didn't ask me. would i want younger kids to play? i am one of 10 children, and i played because my brothers played. nobody knew what was going on football. nobody certainly didn't know you were going to get a head injury. you knew you could maybe break your arm, break your leg. something like that could happen. but, you know, to have my -- i have five grandsons. or do we got six? >> 6. >> six grandsons. i don't want them playing. i mean because i have a son who

played at duke and was captain at duke and played in the n.f.l. europe, and, you know, he has the same thing. he doesn't have that problem. eats got three girls but he said, dad, i don't know if i would let my son play because it's a dangerous game. but, it's a safer game than we played. much safer. they don't hit as much. changed the rules. our complaint is the older guys is, hey, we are the guys who built this league. you changed all of the rules because of us and you won't compensate us. cte is not compensated by the nfl. so what is that about? we are the guides who built the league, made these guys billionaires, made football one of the most watched sports in the world and the guys who built it get nothing. >> right. yet another fight that you have to take on. well, thank you both so much. joo delamalier and his wife, jerry. thank you both. two journalists who work for

vice news have been released from a turkish prison. jame hanrahan and phillip penlberry. they were accused of aiding an armed group. we showed you the heartbreaking photograph of a dead syrian child. images can have a profound impact as you have seen before. randall pinkston reports. >> reporter: they are powerful, poignant and can change perceptions as soon as light enters the lens. the human toll, like nothing else. sometimes they don't just describe the story. they become the story. this photograph from the vietnam war. we all know it, a young girl running enabled from her village, her clothes burned off, her flesh seared by napalm. the image struck the collective

consciousness of many americans. the 1972 picture of kim fuk won the pew lit z pulitzer prize. as we see here from just after the attacks of september 11th, taken by thomas franklin, three fire fighters covered in dust, hoist the american flag in front of the ruins the world trade center. photographs can fill us with pride. they can also shame, as in the so-called tank man from at the scene tianamen square. we see the futility of one person confronting an entire government. it is a moment that defined the uprising and the brutal response to it. and now, there is this haunting, heartbreaking image, a man on a beach in turkey cradles the body of a little boy, a syrian refugee drowned at sea. after so much talk, so much hand

wringing about europe's refugee crisis, will this be the one picture that turns attention into action? randall pinkston, al jazeera. >> thomas franklin is a photographer and assistant journalism professor at montclair state university in new jersey. he is best known for taking the iconic photo of fire fighters raising the american flag in the wake of 9-11. thank you for the joining us tonight. >> great. thanks for having me. >> so many years later. >> photo still certainly makes me feel something. it resonassess with me. what was the moment that you realized how much your photo was impacting people? >> i don't think there was one moment. i think it's just been a defendant collection of, you know, things that have happened over time. i mean here we are all of these years later and just to give you an example: i still receivephones, letters, e-mails from people telling me how much that picture meant to them.

the picture resonates with people and speaks to for the only photography but that particular. >> we live in a world of over sharing, so many people posting pictures all. time. do you think the power of photography has lessened, or has it actually become stronger? >> i think it is as strong as it has ever been. strong, impactful, story telling pictures is as great as it has ever been. i don't think in a is ever going to change. photography resonates with people, more so than the moving image >> the refugee crisis in europe. it's been going on a long time. our network has been reporting on it for months but then this picture turns up a syrian child, lifeless on the beach. how do you think this single photograph reap reflects the crisis?

>> this picture was little as different. a photograph of a para military person carrying the body and there were other pictures of this incident where bodies were washed up on the shore, but this picture, you know, had a little bit different feel than some of the others. i thought visually, this picture reminded me of the oklahoma city bombing picture where the myerfan was carrying the dead child out of the building and, you know, eye connellic images like this resonate with people and stay with people and, hopeful, somebody natural position of power is going to see this picture and, you know, change policies and help these people in need. >> all right, thomas franklin, photographer and assistant journalism professor at montclair state university. thank you so. >> straight ahead, rating educators, a new york teacher with belowing reviews labeled "ineffective" by the state. the case that brought an

evaluation system before the state supreme court. preparing for the pope, the man behind a 18 foot mural on the side of a manhattan building.

♪ chicago public schools offered a compromise to a group of hunger strikers. the protesters say it's not enough to end the stand-off. they stopped eating almost three weeks ago, trying to force the district to reopen a closed high school. they want it to be a leadership and green technology center. instead, officials say it will reopen as an arts-focused school instead. the protesters say they will continue the hunger strike. new york state he heducation department is the being sued over a controversial method used to evaluate teachers. at issue is the use of student standardized test scores to measure a teacher's

effectiveness. >> the children are the center of my world. >> for nearly 20 years, sherry letterman has been an elementary schoolteacher in long island, new york. and by nearly every measure, she excel did. her currently principal said she found letterman to be highly effective in achievement of all of her students. one parent called her one of the most influential educator, my daughter, daniele has ever had but despite such glowing reviews, in her most recent evaluation by the state, lederman was deemed to be ineffective. >> to have an outside statistical model that i know is not valid and reliable suddenly say that i am an ineffective educator, that's a frustration beyond what words can really express. >> the model is part of new york's transition to a more standardized test score driven curriculum and the con vo versial rating is called vam or

value-added modeling. it uses student test scores to evaluate teach erps. statistician aaron palace calls the model irrational. >> in sherry's case, she went from a 14 out of 20 which is fully in the effective range to one out of 20, ineffective and you look at that and say, how can this be? can a teacher's performance really have changed that dramatically from one year to the next? and if the numbers are jumping around, can we really trust that they are telling us something important about a teacher's career? >> the model doesn't work. it's misrepresenting an entire profession. and i am proud to be person to come forward and bring this to light because i think it had to be done. >> which is why lederman is suing new york state. her husband, bruce, is also her lawyer. >> in this case, because the state of new york right now counts these ratings 20

percents, they lewis sherry from being an a-rated teacher, which she has been for 19 years to a b minus teacher. that's wrong. >> letterman's principal agrees saying any computer program claiming letterman ineffective is fundamentally flawed but new york state legislators disagree as part of an effort to reform the state education system, lawmakers passed a law to have vams count for as much as 50 percent of a teacher's evaluation. the governor defends the rating system. >> it has to be fair to the teach teachers, but it has to be done and it should be the basis, tenure, promotion, hiring, firing, bonuses and get that competition in that marketplace. >> 40 states nationwide use the same model to evaluate their teachers, but new york is the only one making it count for a whopping 50% of a teacher's overall evaluation. >> it's dangerous at 50% because of the fact that it's such an

imprecise measure. i think there can be large fluctuations from one year to the next. >> what do you think are the gravest consequences if new york state moves forward using this model to weigh 50% to evaluate teachers? >> the first thing you are going to have is a flight out of education. >> that's why this teacher is hoping to win her case and right the wrongs she says is creating a grave injustice in education? >> it's unfair to the children. it's unfair to the educators. it's fair to the school community as a whole. >> now, value-added modeling has been championed by education secretary arnie duncan and is part of the obama administration's race to the top strategy, a ruling in sherry letterman's case is expected to come in the next few weeks. in guatemala, a corruption scandal has taken down a president. antonio mora is here now with more on that. >> in less than 24 hours-gate's

president lost his immunity, was ordered detained, submitted his resignation, and before a judge and is being held without bail. it's the latest in a corruption schedule. the alleged bribe resquem had had him arrested and the resignation of six cabinet members. how the new president put into power today wants to clean house during his brief tenure that ends in january and the controversy over elections over a new president that are being held this weekend. erica, the u.s. has come out saying those elections are to proceed even though there is controversy. >> we will see you in a couple of minutes. to tonight's first person report, it is about this mural of pope francis which towers over mid town dan hatten. it will be finished in time for his visit later this month. the artist who created it spoke with us about his painting of the pope. >> we are in the process or just finished the process of painting

a very large painting of pope francis. the painted part of the mural is about 220 feet tall. the building is about -- it's just under 30 stories. so it's a very large building, and the painting goes from the very top down about 220 feet. this project started on last monday. >> so that's about a week and a half ago. and a lot of that process includes putting up the patterns, making the wall white so that the actual painting of the wall took probably about five days. in a situation like this, in the summer especially, we are trying to spend at least 11 hours a day and push it to 12 or 13 if possible. there is an intric casey to the painting for sure e special lip -- there are some tricks, especially from the distance. when you get up close, it's actually a looseness to the

paint and if you get the paint too sharp and not blended well, it really shows from the street. so when you step back, it really comes together, and, you know, we try to capture all of the nuances. we are always on a timeline as far as getting these walls done. so, you know, sometimes i would like to -- i would like to spend another two days on the pope is face just really refining it but we just always have a time limit. >> experiences of completing a mural is, you know, exciting and, also, nerve-racking because sometimes assets, you know, it's such a recognizable person, especially in this case like pope francis that, you know, it's a real strain on your nerves to be up there and, you know, you are in front of a lot of people here in manhattan. so sometimes, you know, you get a little anxious, but then in the end, when it's all done and every job has its challenges but in the end, we have to make it look right.

it was just such a great honor to be a part of it because assets, you know, it's not every day you get to paint a gigantic picture of the pope. >> our news for this hour. thanks for watching. the news continues next with antonio morro.

>> not welcome. the moral human thing is to make clear - please don't come hungary's prime minister rolls up the welcome mat on thousands of refugees, blaming germany for the crisis. a father's heart ache. >> we flipped over. the wave were high. i took my wife and