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tv   Anderson Cooper 360  CNN  August 18, 2014 5:00pm-6:01pm PDT

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in this video which was posted for the world to see on youtube, he asks viewers to donate money to that man's organization. an organization that is renowned for supporting a terrorist group. we went there and our full report is on cnn.com/outfront. anderson starts now. >> good evening, everyone. a bit less than an hour until sunset, tensions are high. they remain high, every new development in the week and two days since darren wilson shot and killed michael brown has raised the tension, the temperature or in some cases cooled things off. it's all digested by the men and women who are out here. many from here, some from other parts of this state, most without a doubt here peacefully,
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some however may not be tonight. we saw the worst of it over the weekend, last thursday's hope. tonight we are waiting to see what people here make of a string of major developments today. a lot of movement today, they include the governor's decision to lift the curfew and bring in the national guard. though we have not seen the national guard on the ground here in ferguson. results of a private autopsy on michael brown showing he was hit at least six times and finding no evidence of a struggle. no marks on michael brown's body that would indicate a struggle. whether he was rushing the officer as the officer maintains or defending himself. we'll talk to ben crump, the family of an attorney. >> also as seen through officer wilson's eyes, late today, president obama announced that attorney general eric holder will come here on wednesday, he called for justice and for peace. >> well, i understand the passions and the anger that
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arise over the death of michael brown. giving into that anger by looting or carrying guns and even attacking the police only serves to raise tensions and stir chaos. it undermines rather than advancing justice. let me also be clear that our constitutional rights to speak 23r50e8, to assemble and report in the press must be vigilantly safeguarded. especially in moments like these. there's no excuse for excessive force by police or any action that denies people the right to protest peacefully. >> mr. obama was equally balanced on the specific question of racing too many young african-american are wrong ly accused.
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this comes from a woman calling herself josie who phoned into a local radio talk show, claiming to know officer wilson's side of the story. what she said matches what the officer told police. here's what she told a local station. >> he said that they were walking in the middle of the street. he pulled up, rolled his window down and said, come on, guys down the street, they refused to and were yelling back, there was some cussing involved. and then he just kept rolling up and pulled over. i believe at that point he called her back, i'm not sure. i know he pulled up ahead of them, and he was watching them, and he gets the call in that there was a strong armed robbery, he gives the description. he's looking at them. they have something in their hands. he goes in reverse back to them.
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tries to get out of his car. they slam the door shut violently. i think he said michael did, and then he opened his car again, you know, tried to get out, and as he stands up, michael bum rushes him, shoves him back into his car. punches him in the face, and then grabs for his gun. michael grabs the gun. at one point he got the gun totally turned against his hip. and shoves it away, and the gun goes off. michael takes off with his friends. they get to be about 35 feet away, and the protocol is to pursue. he stands up and yells freeze. michael and his friend turn around. and michael is taunting him, what are you going to do about it? you're not going to shoot me. he said all of a sudden he started to bum rush him, he started coming at him full speed and he just started shooting and
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kept coming. he really thinks he was on to something. he kept coming, it was unbelievable. he finally ended up, the final shot was in the forehead. and then he fell about 2, 3 feet in front of the officer. that's why the stories are going around. i think some people saw the shot in his head. of course, ballistics will prove he wasn't shot in the back like the other people are saying. but that's the version of what happened. >> how did you come by this information is this something you had discussions with the fami family? >> his significant other told me. it was sunday night before the riots it was kind of an open discussion at that point. i had no idea it would turn into this. >> now, according to our
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reporting, that account squares with what officer wilson has told investigators. now it stands in sharp contrast with what at least three other witnesses say, including dorian johnson who was with michael brown. here's what he said on this program just last week. >> when he fired his weapon, i moved seconds before he pulled the trigger, i saw the fire come out the barrel and i instantly knew it was a gun. i looked at my friend big mike and so you he was struck in the chest, upper region, i saw blood splatter down his side. at that time we both took off running, and i was able to hide myself behind the first vehicle up on the scene. and the officer then got out of his car, my friend big mike was still running. he ran past me and saw me in plain site, he said to me, that -- he said, keep running, bro, and he kept running, and almost in an instant my body
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started rising, and i see the officer proceeding after my friend big mike with his gun drawn. and he fired a second shot. and that struck my friend big mike. and at that time, he turned around with his hands up. beginning to tell the officer he was unarmed and to stop shooting. at that time the officer fired several more shots into my friend. he hit the ground and died. >> all right, two very different accounts, obviously, there are many variations, we'll talk to other eyewitnesss later on in this hour. there's a lot to talk about, there's a lot to be careful about with that in mind, i'm joined by benjamin crump who is representing michael brown's family. it's always good to see you. you take issue with this radio caller, do you believe this is part of a coordinated effort by law enforcement to release select pieces of information
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that bolsters the officer's case. >> what you see here, this is the reason for the mistrust. when you put out stuff like that there, the due process for the officer and for mike brown's family, it only works when you give the police reports with the statements from the police, so they can be cross examined and vetted. to go out there and say, witness of her from somebody else who got a significant other, and you say, how is that being responsible. make them come and do just like all these witnesses are doing from this community of ferguson. remember, a lot of them are afraid to come forward. because when you all take the cameras away, they have to live here and they fear retribution. they are coming talking to the law enforcement agencies, they are passionate about -- >> had is the police, they're saying, we can't release all the information we know, it's an ongoing investigation.
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>> it's disenagain uous. >> they're releasing information to assassinate the character of michael brown? >> they're going to assassinate his character. i think that's part of their playbook. i've had these cases long enough to know, when you don't have a real defense, you try smoke and mirrors to distract that. we don't have to get to the issue why he shot so many times. why he did that kill shot in the top of his head. the people are out there. why you still shoot? >> the autopsy, a renowned pathologyist brought in by the family. what are your key points to that autopsy. six shots, at least six shots fired? >> they -- unfortunately, they back up where a lot of the witnesses said, because you have the shots to his hands.
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you have a shot -- he had his hands up. >> and also, they collar phied that this -- the hands are mobile. when you put them down, you have the shot coming from the back, that's why they want all the wrisz testimony. they want the clothes to see whether there's gunshot residue on that. they want to see if there's gunshot residue in the vehicle, blood in the vehicle. how many bullets went into his body. and they all agree that at least six shots, maybe more, the question remains, why do you have to shoot an unarmed person in broad daylight, execution style. >> do you believe that what has been happening out here for the last several days. and i should point out, throughout the day, most of these protesters are peaceful, they want their voices heard.
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>> do you believe that distracts people from the case here. >> absolutely. everybody be responsible. and we understand you're mad and upset. we want justice, it takes everybody's attention away from getting justice for their son and saying, look at how responsible they are. i understand it, i get it, anderson. these people are hurting, they haven't seen their children killed over and over again, and they know the police through the playbook, it takes forever, a year later, nobody remembers their child name but them, they sweep it under the rug and say it was justified. it's different this time, because this was in broad daylight. >> do you believe what has occurred in front of the cameras, really. the presence of law enforcement, the mill tarization of the police, which i think has surprised a lot of people, raised a lot of questions around
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the country. do you think that will change anything? >> well, you know, i pray they heed what president obama said, they are here to observe more so than police, because it's kind of hard when you're exercising your first amendment rights over something you feel passionate about, which is your children. their right to exist and survive and walk on this earth. and the people that are supposed to protect them, killing them, and you're saying, we want to speak up for our children. when we do that, you're going to send the police in to treat us like criminals, it's a delicate balance. we understand a few people have made it bad for the majority of the people that have been protesting very peacefully. >> do you believe -- there are some reports unconfirmed that a grand jury may be convened as early as wednesday? are you worried about a grand jury? a lot of that is in secret. >> i'm always concerned. what you want is equal justice, and when things go to the grand jury, it's all in secret.
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nobody knows what the prosecutor presents to the grand jury, and so these people need transparency. there's a lot of disrupt there, they know if the shoe was on the other foot, there wouldn't be a grand jury, they would be charged with a crime. we want equal justice too. we want ed -- what about our children? >> thank you for talking to me. when we come back, there's a lot more here, we're on for two hours tonight. more on the private autopsy, what it reveals and what it leaves unanswered from one of the people who conducted that autopsy. we'll be right back. ♪ 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. it's so much better that way. [ male announcer ] have the right partner at your side.
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a bits more than a half hour before sun set, the missouri national guard is expected here, we have yet to see them, police moved protesters out of the road. people have been out all day in the heat. as more protesters marched into the area. the curfew here has been lifted by the governor, there is a rule of not allowing people to congregate in any one spot. police say they have the right to just move people. they have been moving protesters around here. for the most part, they keep
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moving around, again, it is usually later on in the evening when the last -- when trouble began. we'll see what happens tonight. the major developments today, results of a private autopsy on michael brown. you heard from the family attorney that suggested it backs up eyewitness accounts of what happened. now, others dispute that and there's now dispute -- no disputing it leaves questions unanswered, how precisecy michael brown was when the officer shot him. >> no gunshot residues on the skin's surface. so the muzzle of the gun was two feet away. >> in order to be firm about that, we have to look at the
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clothing sometimes closing can filter out. >> earlier today, joining us now is sean parcels who assisted him in the autopsy. what are the headlines you discover. you say at least six shots, what does it tell us about what happened? >> as we pointed out in the press conference this morning, he had two shots to the head. and four pounds to the arm. we have a wound that occurred to the right upper shoulder here, and a wound that occurred to the right side of the chest here, dr. botden and i feel those are most likely reentrance wounds. the shot that entered above the eyebrow came out right here and went right back in. that's all one bullet. >> one of the shots in the arm was said to be back to front. what does that mean.
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>> during the autopsy examination, we found one of the gunshot wounds -- as i pointed out this morning, the arm is a very movable part of your body. the shot could have come from the front. at the same time, when we put our arms down and we're walking along like this, that shot could have come from the back to the front. now, if one arm was raised, you can't say whether that means he had his arms up in an i'm giving up posture or don't shoot me. one of the accounts was that he was charging the police officer. >> that's a lot of the information that dr. bodon and i
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are missing right now. >> all of that stuff is important. being able to examine the clothing, what else do you need to actually get a complete picture. >> to get a really good picture, we want to review the autopsy report, photos, the x-rays and the tox report. >> we want to review all witness statements, the officer statement in particular. >> none of them you were able to review? >> clothing of the victim. credible witnesses that saw the event occur. and we'd like to look at the r car. supposedly there was a gunshot that went off in the car. we would like to review that evidence, see what authorities did in the processing of the vehicle. >> to get a distance of the gunshot? >> correct. you and i are at a close range. if i shoot you at this range and
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you don't have a shirt on, you're going to have gun powder on your skin. with the shirt on, the shirt will filter that out. when you look at it at the autopsy, it looks like it came from a distance. >> do you have a sense of the order of the shots? >> we can't say for sure what the order was in. but dr. bodon and i feel that the two to the head were the last two shots to hit. >> that was his head, it was in the top of the head? >> correct. >> the head would have gone down? >> correct. >> i appreciate you being with us. thank you very much. obviously a lot still to learn. let's bring in mark geragos and arriva martin. mark, let me start with you, the autopsy results, what do you make of them? >> well, i think that it creates a lot of problems for the officer. six shots is a lot of shots, when somebody is unarmed.
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i think the fact that at least preliminarily you don't know how close the shots were, because they don't have the cloths. and the clothes are going to do more for you than the gunshot residue, they're also going to be able, they can look at the fibers and determine whether -- which are the entry wounds, which are the exit wounds on the fibers of the clothing, so they'll know whether or not he was shot from behind or shot in front. the problem -- the real problem is, the takeaway from this is, six shots for somebody is almost prima facia evidence. >> do you agree with that? we have seen lawyers justifying each and every shot or blow to an alleged victim. >> we saw how the second rodney king trial played itself out.
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i agree with mark, the issue here is, was the officer in reasonable fear of imminent danger? someone who's unarmed to think it took six shots, the fatal one being to the head is unbelievable. and i think what the medical examiner said too, it's so important in this case, we need to hear from this officer, i was appalled to hear this comment or story that was told by josie, when we haven't heard anything official from the officer himself or from this police department. >> what about that? the police department says, this is an ongoing investigation, we can't give out all that information with an ongoing investigation. is that legitimate? >> it is. based on my understanding of the missouri sunshine law. some records are considered open, others are considered closed. a court of appeals specifically held that autopsy reports aren't
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considered closed. even if the family wanted that autopsy report. it appears that the government has at least 30 days before they have to turn it over or petition a court to keep that record closed. so within that time, the decision to release or not release an autopsy, while there certainly is a moral component. we certainly all want to see it, as long as they are following the law, that's a separate inquiry, if they are following missouri sunshine law, they're within their ability -- their legal right to do so. >> how do you explain releasing all the other reports last week, including the videotape under a so-called foia request. the freedom of information act request. i think that was just absolutely disen again uous. >> selective disclosure. >> that was absolutely. that was absolutely my next question to follow up, with danny. we have to take a quick break, i'm going to follow up with danny and areeve rah on that
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question. are police selectively releasing information that seems to bolster their case. defense of darren wilson, we'll get a law enforcement perspective on that. what he did, and the way police are handling the protest next. ah... (boy) i'm here! i'm here! (cop) too late. i was gone for five minutes! ugh! move it. you're killing me. you know what, dad? i'm good. (dad) it may be quite a while before he's ready, but our subaru legacy will be waiting for him. (vo) the longest-lasting midsize sedan in its class. introducing the all-new subaru legacy. it's not just a sedan. it's a subaru.
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welcome back. i want to give you a lay of the land. i don't know if you can see the red light all the way down there. to the right of that, another four or five blocks is the area where michael brown was shot and killed. this main strip here in ferguson is where much of the protests have taken place. the shot we're looking at right there, is where some of the tear gas and arrests have been made. but throughout the day, people walking, police now -- there is no kerr few here tonight. police say they will arrest anybody who stays static for a long period of time. they don't want people gathering in one spot. they want to keep people moving. we've seen mobile groups of protesters several hundred strong at times, walking around
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protesting, there are a number of people right now standing still. we haven't seen any national guard troops in this area. they have arrived. they're now at a staging area. a local target store a little less than a mile from here. we want to give you another perspective before we go back to our panel. darryl wilson, the officer who killed michael brown, he's not talking himself. he does have defenders, detective crocker, i spoke with him a short time ago. >> i know you don't want to get into specifics about the particular incident. you do caution against a rush to judgment. do you believe officer wilson has been --
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>> it's not uncommon for law enforcement to withhold details. with the seriousness and the barometer of the situation, it is -- can be an aggravating circumstance. it's not uncommon for these things to take a little bit longer, especially ones that have -- are very high profile like this. >> let me ask you about that the attorneys for the family of michael brown have been critical of that, saying that the police have selectively released information, they released the surveillance video of michael brown in that convenience store. and have not released the actual report, why not? >> i think there's a concern about compromising and investigation. i think that you -- there is a legal process that has to take place. it varies from state do state, the criminal justice system has a way of working, it's not a perfect system. i understand with it, moving a little slower, it's an
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aggravation to the family, it's an aggravation to basically everyone involved. including the police that were out there working in these areas. there certainly is the feeling that by getting that information out, by letting people know what's occurring or what has been said in that report, maybe that will help to quell some of the frustrations people are feeling. >> it goes beyond that. there are a lot of people here who look at the local police releasing for instance the surveillance video of michael brown as character assassination when what should be released is more information about the actual shooting. i understand it's an ongoing investigation it takes time, why is it okay to release a small window that seems to bolster one side of an argument, as opposed to releasing all the information that's out there. >> well, i think one of the primary reasons you saw that video release.
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i do understand that has been the end result of that. that is not actually part of the shooting incident that occurred. and i think that some concern was brought up by the family, people are wanting to know all of the circumstances surrounding this incident. they're releasing what information they can, when they can release it. and i understand it was frustrating for the family and supporters, by the way, one of the things i've tried to talk about today is the law enforcement side of this. it wasn't easy for law enforcement as well. >> again, it's not -- you make it sound as if it's because the family wanted all their information released. they say it's character assassination, simply to release it on the same day the name of the officer is released is a way of changing the narrative and a way of trying to alter her exception of michael brown.
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>> i don't think that was law enforcement's intention, but i absolutely, you're asking the tough questions and the questions that need to be asked. i don't think that was the intention of law enforcement officials by doing that, i think it does offer some -- a little more of a rounded view of this entire situation. the situation that has affected the community and the police departments and everybody in the area, it's terrible here. >> i appreciate you being with us. >> anderson, thank you very much. danny, let me ask you that very question i asked the detective there, before the break, mark asked you that question. do you really believe they released that surveillance tape coincidentally on the same day they named the officer, and that that they released that, which arguably according to the crump attorney -- the attorney for the michael brown family, that it's basically character assassination, they're trying to change the narrative, do you have any doubt about that?
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>> mark has to agree with me on this, in any prosecution, they're going to try to introduce this video as something probetive of what was in brown's state of mind as he walked down the street only moments later. you can look at this one way and say, people like mark and the defense bar have been battling with the government to turn over evidence promptly for their entire careers. in a way, getting this evidence in ten days, two weeks is in a way a miracle. at the same time, i can also see that probably someone may have thought at the police department that once we release this video, everyone will go along their merry way. is that possible? i think that's possible you can and if it was what they were trying to do, it blew up in their face. >> danny -- >> is it possible. >> one at a time -- >> when we went to break, i use the word selective disclosure and lack of transparency is the next phrase we have to be
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focused on here. we've seen many situations when there's an officer involved shooting. the police believe the shooting is justified, they come forward to the media and tell their story, they get ahead of the story, in this case not telling the story and showing the videotape to paint michael brown, as if he's some kind of common thug, what is making this community so upset. what's fueling the frustration, and what's causing the lack of trust, not just in the police chief, but the district attorney. some of the activists are asking that the district attorney be removed from this case, because they don't believe that he can be trusted to present a fair case and to get justice for the brown family. >> afrnder son. >> mark, go ahead. >> could i jump in for a second? there's so many things that are just astonishing to me. first of all, they not only released this videotape, which you're playing, the same day that they released the officer's name, they also released a number of the police reports except for the first person
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narrative or interview of the officer himself who did the shooting. this whole idea that is being constructed that we're trying to get the information out of here is just -- it doesn't hold up, and when you ask that -- the police union lawyer, were these two related and he says, oh, no, but he says in the next breath, it gives a more rounded perspective of what was going on here. what's the rounded perspective other than to try to take the prolaw enforcement, i suppose viewpoint here, and what is -- what is the point of releasing that if you haven't -- if you don't have an intention of changing the narrative. >> let me also just point out before we quickly go to break, that the ferguson police department, the commander of that initially said, the officer was not aware of the alleged strong arm robbery in the
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convenience store. then later on has said, the radio caller confirmed by cnn, according to someone close to the investigation, as being what the officer has told authorities, claimed that the officer did after stopping michael brown, did hear over the radio about this robbery and put two and two together. to say one had nothing to do with the other, those stories seemed to have been changing a lot. i want to thank our panel. coming up, the young woman who caught this on video, the aftermath of killing michael brown. she saw what happened from her apartment, i'll speak with her next. save you fifteen percent or more on car insurance.d everybody knows that. well, did you know pinocchio was a bad motivational speaker? i look around this room
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welcome back. there was a witness to the shooting of michael brown. she knew something wasn't right. she caught the aftermath on video. >> police shot this boy outside my apartment. >> emotional, distressing thing to see. i appreciate you both of you
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being with us what did you first see? >> he was stopping the young man, that's when i knew something was wrong. it's pretty loud, in the middle of the street. it stopped abruptly. >> what did you say? >> i saw the hustle between mike and -- >> where did that take place? >> it was near the officer's car. the officer was inside of the car. >> the officer was in the car. michael brown was by the window? >> yes. >> do you know, was one reaching in or one reaching out? >> it looked like they were wrestling, like -- i'm sorry, the officer was just trying to pull him into the vehicle. that's what it looked like from my point of view. >> then what happened. >> he got out of the car, michael starteding, when we said
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he got slot at, from the back, while he was running away from the officer trying to get away, he was getting shot at. which makes the shot going backward to forward. >> you believe you saw the officer shooting michael brown when michael brown was facing away from the officer. >> you say his arms were up, there's an account for this woman who called into the radio show who claims that the officer is saying michael brown is rushing the police officer. is that what you saw? >> at no time did i see him move toward the police officer. he may have taken one sentimenter of a step forward. >> his hands were up, do you remember which way they were up? >> they were slowly going up. >> at what point did you decide to turn on the video camera? >> when i saw the man lying there in the street. i was like, this is. it's a dead body in the middle
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of my street. i must get this on film. i must do something about this. >> how long was michael brown laying there for? >> he was visible for at least 30 minutes to an hour. there were children out there. the gunshots hit buildings. anybody could have gotten shot. it was a bad scene. >> are you concerned at all -- your client didn't come forward immediately, is that out of concern -- why not? >> well, part of it was that the police confiscated her phone, so they had for a while. and then when she got it back we were just waiting to see what the police would come forward with, before we revealed any information, they finally released the name, they did not put a face to the name at that time. we decided to go ahead and release that information. >> how has this been for you? >> definitely traumatic, but i got to do what i got to do to get justice for this family. >> thank you for being with us.
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i appreciate it. >> when we -- there's the video, candid and emotional words from ron johnson, he spoke yesterday at church service. he's the man now in charge of ferguson streets, what he said at the memorial service, we'll play that for you ahead. [ female announcer ] hands were made for talking. feet...tiptoeing. better things than the pain, stiffness, and joint damage of moderate to severe rheumatoid arthritis. before you and your rheumatologist decide on a biologic, ask if xeljanz is right for you.
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nine days after michael brown was shot dead, his family is still waiting to bury him.
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a third autopsy is being performed. results of a private autopsy were released today. showing he was hit at least six times. as we reported, the missouri national guard is now here to try to help keep peace. missouri highway patrol captain took time yesterday to speak at a church service, this is his hometown. here's what he said yesterday. >> i want to starts off by talking to mike brown's family. and i want you to know my heart goes out to you. and i say that i'm sorry. i wear this uniform. and i should stand up here and say that i'm sorry. this is my neighborhood. you are my family. you are my friends. and i am you.
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and i will stand and protect you, i will protect your right to protest. when this is over. i'm going to go in my son's room. my black son. who wears his pants sagging, wears his hat cocked to the side. gotta toos on his arms, but that's my baby. >> joining me now is charles blow. i know you talked to captain johnson. it's such a sea change from the attitude of the local ferguson commander in charge. i'm wondering what you think about the impact he's been able to have thus far.
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>> he's had a calming impact. a week ago, people were talking about the police as an occupying force here. he's representing a community based model of policing. >> he's certainly demilitarized. >> i think some people are overstating the amount of calm. there was tear gas, riot gear, there wasn't the level of an tag onyx. he's a good guy in a tough spot. >> we spoke in the wake of the trayvon martin shooting, you asked a question in the column in the new york times, which i always really think gets to the heart of the matter. the question you asked, at what precise pace should a black man walk to avoid suspension. that's a question you're asking yourself. i wonder what question you're asking now in the wake of this case? >> i keep looking at both the incident, the police response and -- i mean, the police
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investigation and their response on the street and with the investigation in particular, i keep doing this thought experiment. if the roles were reversed and mike brown had shot and killed mr. wilson and several witnesses said they saw mr. wilson raise his hands and expose them in a way that made it clear he had no weapon on him. would the police's disclosure of information be the same as it is with mr. brown being the dead person. if you believe they would be the same. you believe this investigation is going in a way that you can accept. if you do not believe they would be the same then you can understand the kind of heat and passion that is exploding on the
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streets of ferguson, missouri. i want the people to empathize -- i do not think it is an extreme reaction when you look at the realities of people on the ground. you look at the data of the people that underlie those realities. these are things that are not made up. you see extreme biases. how black men go through the criminal justice system, i am able to step back and empathize with police officers and know they have a tough job. and when a police officer makes the decision, you can make the wrong choice. but it is a split second decision. i can empathize with that stress and strain.
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however, there is an 18-year-old boy who is now dead. and if mr. wilson acted with excess in that killing, and if the witnesses are born out to be accurate in their depictions of what has happened. that should disturb everyone. that is not about just black people. >> and this does not happen in a vacu vacuum, this is not this one particular incident. this is just the tip of the iceberg. >> this happens on a regular basis right here. harassment, various forms of abuse. what charles said, maybe a well intentioned cop, who makes a different decision about what to do in a split second. what kind of responses their bodies deserve, and that's a dangerous thing, it's not just a ferguson thing or a missouri thing, it's a global thing. >> good to have you here.
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thank you. our special coverage from ferguson continues at the top of the hour, be right back.
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good evening everyone from ferguson. the sun is going down on a day that has seen a lot of developments after a night last night that saw violence so troubling, the missouri governor