it's now almost two weeks since a police officer shot and killed michael brown jr. the community has been frozen it time, outrage and violence the only outlets. now we see a shift in mood and momentum. protests are now peace marches, and overnight only a few arrests, kate. >> a marked change from previous nights, chris. that's some good progress to see there on the ground. we're also looking at another big development. missouri governor jay nixon, he is now ordering the national guard to begin the process to start withdrawing from ferguson, a big development. just shows all the progress that has so far been made. >> yeah. the key will be how long will that take because that's going to be a very critical shift. another major development is michael brown jr.'s parents speaking out. they tell cnn they are at peace, preparing for their son's funeral and they denounce the violence that they say has been

shaming their son's name. we'll hear from them coming up, but here's a look at everything that happened overnight. >> we pray a blessing over here. >> overnight in ferguson impassioned prayer, clergy and police hand in hand. >> god bless you. god bless you. >> protesters now peace marchers lining the street. as others pause in solemn reflection, leaving roses as part of a makeshift memorial for michael brown jr. these sounds of calm now set the scene here in ferguson as law enforcement begins to pull back. missouri's governor ordering the national guard to gradually draw down. >> as we see the folks getting calmer, fewer arrests, fewer problems here, that mission, we're going to draw down off that, we don't need the same force strength. >> this as new information clarifies reports about officer darren wilson's condition after

the shooting. cnn was told officer wilson had a swollen face not a fractured eye socket and a new eyewitness michael brady said he saw the beginning of the tussle through his apartment window, and it looks like officer wilson may have gotten hit. >> did you ever see mike brown do a motion where he was going to hit this cop? >> that maybe was going to happen. that may be why the tussle was going on. >> meanwhile, new details about dorion johnson and the eyewitness to the shooting. according to police documents johnson was arrested in 2011 for theft and making a false report to police. now as peaceful memorials take the streets where violent clashes once broke out, captain ron johnson commend the community for another night of calm, a coloring book box of crayons and sock pocket on display where handguns and molotov cocktails set just a few

days ago. >> this is what defines a community. this is truly the community of ferguson is what we see on this table today. >> three big moments. what happened at the car? was michael brown jr. running away when the firing started from the officer, and what was the ultimate thing that led the officer to take his life? michael brady, the witness that you were hearing in this piece is key on this. we'll go over that later in the show so stick by for that. there's also new questions emerging about the key witness to the shooting in the situation, and that is the friend who was with him. his name is dorion johnson. now his past has been called into question because the man who says he was shocked by michael brown jr.'s attempt to steal from a show was busted in 2011 for theft and making a false report to police. in fact, there's a warrant for his arrest right now in jefferson city, missouri, not only that, but the medical examiner's findings may challenge some of johnson's

story, that brown was running away with his hands up when the police opened fire, so how much does any of this hurt his credibility if this goes to trial? we took the questions to johnson's attorneys. did you know anything about your client's criminal background before today? >> you know, 9 client's criminal background is really a red herring here. this is a case where you have two innocent unarmed citizens walking down the street who eventually had to flee for their lives unarmed with their hand in the air. criminal background or not everyone is entitled to constitutional protection. this police officer cannot be judge, jury and execution, criminal, "a" student, honor roll, whatever, the point is you can't gun down innocent person. >> understood, credibility, especially key, especially in assessing testimony. when they hear about the criminal background and type of crimes involved does it hurt your client's credibility?

>> it's something he took into consideration. he met with the fbi, the prosecutor's office, the representative and detective and at that time over a week ago he laid out his whole life to them. they asked him about his criminal background, the matter he had a warrant out against them and talked to them at length and in detail. >> if you are counsel and this case goes to trial and your client comes up and takes the stand and says what his testimony is about let's start with the robbery. he had no idea what was going on of he doesn't know why mike brown did what he did and oppose counsel said you had no idea, haven't you been charged with a larceny before? haven't you been charged with making false statements to the police before, isn't that very damaging? >> not at all. his credibility in this case has nothing to do with what he's been charged with in the past. it has to do what he saw here, seeing his friend get murdered in cold blood by a police officer. >> you would have to be naive, counsel, to think that this won't try to be used against your client out here but also in

a court of law. >> and since you open the door let's go on in that room. when character happens, if you open the door to saying they have good character then they attack you with exactly something like this. >> let's open the door and come into the room. what did he do? what is it that he was charged with? he's with a group of guys that went into an apartment building and while they were there somebody grabbed up a few pieces of mail. went to the ymca to work out a little bit. somebody report that had they took the mail. the officer comes to the place where they are, he says what's going on here and they wind up charging him with taking a piece of mail and then they ask him, well, who are you, they have already two pieces of his i.d., they say are you dorion johnson and they say, no, charge him with making a false statement. all of that is going to come out, too, and we'll see what the jury thinks about that. >> but to do devil's advocate, you know why i'm asking you. i hear all of it and accept all of it and as opposing counsel they will say the kid is a liar.

i can't believe what he's saying here. he's just saying what's convenient. what does that mean? >> what it means is this. in the jury system, and, unfortunately, that's what's happened in this process. if we have -- we have two young man chased after to be hunted down by a police officer, one of them murdered in the street and this becomes about their past or this becomes about what happens at a store. none of this is what it should be about, and that's exactly what i would tell any oppose counsel who wanted to bring up these things. i would say, of course, you want to distract from the truth because the truth is two innocent young men were fleeing for their lives when one of them got gunned down right there in the street for no reason at all. now his past certainly doesn't justify that. being in the store picking up a few cigars even if that happened doesn't justify that. nothing justifies, that and that is what i would say to anyone who tries to make this about a past or character or reputation. let's make it about justice. let's make it about the truth. >> fair statement, counsel. did the authorities when he went

and did the interviews, they had access to what his record was? >> they not only had access to it they talked to him at length about it. >> they knew about it. >> had an opportunity to ask him whatever it is they wanted to know about it. they wanted to know what happened. they were fine with it. >> they were fine with it. >> they understood it and moved on to the next issues. >> and they still offered him the opportunity to not be charged after he gave their story meaning they must have found some credibility to it. >> made the disclosure at the opening of the meeting and at the end of the meeting he was designated as a federal witness. >> and you believe they had every ability to know about what we're discussing right now and could have made a different judgment if we saw fit. >> i disclosed that matter in detail to the county prosecutor mcculloch two days before, and he said that was not of his concern. >> the people who needed to know about the past of your client knew in advance. >> absolutely. he's not hiding anything. he hasn't hidden anything from anyone. he has nothing to hide. he and michael brown were

innocent victims here, and so the fact that whoever the powers might be want to make this about something other than what happened by bringing up the past, as you put and as the former mayor put, when in fact that was disclosed to the right people, never hidden, never shied away from, i think underscores the fact that we should not be focusing on their past. what we should be focusing on is what happened in this street. >> and, again, to the speculation that there have been story changes, that the client has not been consistent with what he said about the matter, what do you want to say on record about how strong a story his stood up over time and what the reaction to it. >> the story at its core is not changed. and what the witnesses saw, two men were fleeing unarmed down the street when a police officer started shooting and walked over to michael brown and as he was on the ground dying when the police officers continued to shoot into him. that's undisputed. that hasn't changed and that's not inconsistent. >> the bottom line is legally

michael brown and dorion johnson come into this situation with this police officer clean in terms of who they are. it's all about what happens in the moment, kate. however, at trial when you assess testimony credibility is key in terms of how believable somebody is, but you do have to remember that the story that dorion johnson has told doesn't exist in a vacuum. there's so many other eyewitnesses and there's a lot of corroboration involved, but it's certainly going to make the investigation more challenging. >> still is shocking, chris, that the attorney general said that the fbi has conducted hundreds of interviews already, at least for the part of their investigation so that's exactly to your point of all of the eyewitnesses that are going to be interviewed as part of this process. we'll get back to chris on the ground in missouri in just a moment. we also want to look at this, a startling warning from the pentagon about the terror group isis. secretary of defense chuck hagel saying the u.s. needs to take a cold steely hard look at isis

and get ready, days after american james foley was beheaded by the militants, and as u.s. air strikes on isis targets continue in iraq. the chairman of the joint chiefs of staff warns defeating the terror group won't be possible unless its presence in syria is also addressed, a serious statement coming from martin dempsey. barbara starr has much more for us from the pentagon. >> reporter: good morning, kate. the question is could isis come to the united states and attack here in the pentagon isn't ruling anything out. as isis continues its murdering rampage, alarming words from the u.s. secretary of defense about the threat the group poses to americans. >> oh, this is beyond anything that we've seen, so we must prepare for everything, and the only way you do that is you take a cold steely hard look at it and -- and get ready. >> reporter: but ready for what?

u.s. officials insist there are no isis sleeper cells in the u.s. right now, but u.s. intelligence agencies are worried some americans fighting with isis overseas could come back to this country and carry out attacks. >> they are beyond just a terrorist group. they marry ideology, sophistication of strategic and tactical military prowess. they are tremendously well-funded. >> this is an organization that has an apocalyptic end of days strategic vision and which will eventually have to be defeated. can they be defeated without addressing that part of their organization which resides in syria in the answer is no. that will have to be addressed on both sides of what is essentially at this point a nonexistent border. >> reporter: for now, u.s. military strategy remains limited to air strikes inside iraq, not in syria, isis' home base, but there has been the

first u.s. military mission into syria with the acknowledgement of a failed july 4th raid to rescue james foley and other american hostages. the pentagon insists it wasn't an intelligence failure. >> intelligence doesn't come wrapped in a package with a bow. it is a mosaic of many pictures, of many factors. >> reporter: u.s. officials say that they are looking at what to do about isis, maybe expanding air strikes in iraq and maybe even considering air strikes across the border in syria, but they say all of this just options, just ideas. no decisions have been made yet. kate? >> barbara starr at pentagon for us, thank you so much, but important, as chuck hagel said, michaela, that all options are on the table, a statement in and of itself. >> and it's a very real concern, imminent i think is probably the part that's most chilling to me. let's take a look at your headlines and sort of playing off of there, the parents of

james foley, the american beheaded by isis, have released the final e-mail they received from his captors. the terrorists told him he was going to die as retribution for u.s. air strikes in iraq saying, quote, he will be executed as a direct result of your transgressions towards us. foley's former employer "global post" says they put the full text online in the sake of transparency, and in the meantime we've learned that pope francis has spoken with foley's parents. he called them thursday offering his condolences. breaking news this morning from ukraine, a russian convoy carrying humanitarian aid has started crossing the border into eastern ukraine according to a russian official. the trucks are making their way to the rebel-held city of luhantsk but red cross is no longer with the convoy as well because of continued fighting. more than 20 trucks had been cleared by customs based on the

assumption that the red cross was with them. to the middle east, israel stepping up air strikes on hamas targets in gaza. overnight israeli forces attacked targets mainly on vehicles and motorcycles. dozens of palestinians were killed in the latest round of violence. meanwhile as egypt attempts to end the conflict falter, the united nationss says the u.s. has joined the european effort to come up with a resolution that will call for a sustainable cease-fire and advance the goal of long-standing peace in the region. the prisoner swap that freed army sergeant bowe bergdahl in exchange for taliban leaders wasn't just controversial, it was illegal, according to the government accountability office. it says the pentagon broke the law by failing to give relevant congressional committees 30 days notice and spending more money than authorized in order to conduct that transfer. repercussions to come from that. >> would i say so. if you're going to sue the administration, get in line at this point.

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welcome back to "new day," a night of calm here in ferguson, missouri, but there is growing debate over several key issues in the michael brown jr. shooting case, including the credibility of witness statements and whether officer darren wilson was injured, and if so, how badly, and if so how relevant in any struggle with brown. now a source has told cnn that wilson did not suffer a fractured eye socket despite reports, so let's figure out what this will all mean because there is a grand jury going on right now, and it is going to be presented with evidence once a week in this matter, so we have paul call-in, cnn legal analyst, mo ivory, an attorney and radio host. thanks for being here with us this morning. let's start with dorian johnson, key witness, there with michael brown. nobody closer than he and nobody should understand it better than he. however, his past, 2011, a larceny charge, also lying to

cops, falsifying a false report. let's do the upside on this to his credibility and the down. paul, you take the upside. what is this going to mean for any defense of the officer? how will they use it against him? >> well, a very good defense attorney is going to say that this attacks his credibility, his believability in a very, very serious way. the report in question indicates that not only did he lie about his age in committing a theft of mail which, by the way, is also a federal crime, but he also lied about his name, and a warrant had to be issued for his arrest. now, when he's interviewed by federal authorities in the current case, he's offered essentially a deal. he says that he was told that nothing will happen to him, so now defense attorneys will say he's testifying this way because they made a deal. now you have to combine that, of course, chris, with the fact that, unfortunately, the victim in the case, michael brown, when they bring in the convenience store robbery, they are going to say he had just committed a

robbery in the second degree, by the way, a very serious crime under missouri law, 5 to 15 years is the penalty for robbery in the second degree or a strong arm robbery. that will get to the jury and be presented to them, and i think it's going to be a big weakness in the case. >> mo ivory, i can hear paul callin telling his law students, the latin phrase if you lie about one thing we must assume you're lying about everything, but the past is the past. doesn't this come down to what you saw on this day and what was done to you on this day, not the past? >> well, it sure should, chris, but will it and does it when it comes to these kinds of cases and especially when we're talking about a black victim at hands of the police so i am concerned about it, and i continue to be concerned about how this information is being disseminated because the police knew about this when they interviewed dorian, but now just, you know, several, you know, days later, five, six,

seven, eight, nine, ten days later now it's coming out that he had a past and they knew about it. this is continuous activity to taint a jury pool. it's rachel gent i'll all over again, make him a criminal on the stand, before he gets on the stand and i'm concerned and not giving the exact same attention about the lie about the eye socket with darren wilson. who is the liar there, are we attacking darren's credibility when it comes to that? >> getting back to one point that mo raises. i've defended a lot of white defendants, and they get attacked just as viciously for this kind of an arrest so i don't think this is a racial thing. this is a credibility thing and, you know, i think it has nothing to do with the race here. this is lawyers -- this is a standard tactic if there's a prior conviction, you attack a witness based on the prior conviction. >> sure, and i understand that, and i do think it's a legal tactic but race does have something to do with this.

we're not at a trial yet, the beginning of a grand jury and certainly don't even have an arrest and we're already talking about the main witness' past? i mean, come on, it absolutely has to do with race. >> i've taken positions in my discussions that we shouldn't be making our mind up about this case at all until we have all the evidence and we still don't have all the evidence. >> the point is as we learn, we want to provide context and that's what you do. you take it step by step and you leave the conclusions for the end. for instance, mo ivory, the autopsy, medical examiner comes out. it seems if you look at the first two autopsies, it's fairly consistent that the bullet wounds seem to be coming from the front. there's some discussion of trajectory but mainly they come from the front. that has been assumed to be a thorn in the side of the theory that michael brown was shot from behind. i would submit it's not, and mo ivory, i would want you to take this position if you agree. it doesn't mean he wasn't fired at while running away, it means

he may not have been struck while running away, isn't that a fair distinction? >> absolutely, and it's a fair distinction to say he could have been struck with that one bullet that the autopsy that was done by dr. badden who was unsure whether it came up with a hand up or from behind so if we take the idea that it was from behind, well then that one shot came from behind, he turned around and the other ones came from the front so to make the assessment that the eyewitnesses say he was shot from the front but first had his back turned, that that testimony is not consistent i think is absolutely wrong. everything that i've heard the eyewitnesses for the prosecution say seemed very consistent to me, that there was a shot from the back, he felt it, he turned around and then he was shot from the front. that's very consistent. >> well, you know, on -- >> i want to follow up on something else. >> sure. >> i want to follow up on something else which is this. a lot is being made of the officer being injured. i would set aside whether it's

true, whether it's not, whether he was hit after the fact because i don't think it's relevant. i think too much is being made of whether or not he's hit, paul callin. i want you to analyze why it matters -- i think it works against him if he was hit in the car because it suggests that he might have been in a rage and that's why he chased and shot after the kid. what does it matter if he was hit? >> i don't agree with you on that, chris, and i also want to go back to something mo raised on that very issue. the officer is not releasing the information that his eye socket was broken. i don't know where that information is coming from. it has nothing to do with him. >> that's true. >> and his role in this case so we have to wait for his testimony, but assuming he was injured, and there seem to be a lot of reports that his face was swollen, maybe lacerated, we'll find out, that indicates, and this is what the defense will say. that indicates that michael brown, who was at that point a robbery suspect at least in his own mind because he knew he had committed the strong arm robbery struggles with the officer to

stop the arrest and the officer's gun goes off in the process. it was such a severe struggle that the officer is injured. now this officer is going to say, of course, i thought i had to take my gun out because i was fearful that he would attack me again. he had injured me in the car, so i think the injury will play in the officer's favor in a trial in this case. >> and, chris, let me just -- >> we'll leave it there. give me a quick point. >> to say that we don't know that the officer is saying the information about his eye socket. it's true, we don't know, but why do we have the benefit of the doubt he's not the one disseminating the information? we don't know anything about what he's saying so he could have told the police that he had an injury to the eye socket. how do we know that they checked it? how do they know there was a medical report? how do we know anything so to say it's not coming from him is giving him the same benefit of the doubt we continue to give him so we don't go against his character, but unquestionable

about darren wilson's character and his credibility? >> they have a word for that in the court system which is called the presumption of innocence. >> i totally understand that, and the presumption of innocence has been following him forever. that presumption of innocence has not been given to michael brown, the dead boy in the street, nor to the eyewitnesses that are coming forth with their stories about what happened. >> and they are not -- they are not -- >> that's all i'm saying. >> they are potentially not on trial in the matter. it's the way the system works. >> that's true. >> what they say could be broken down in the same way what darren wilson says so they are in effect on trial as well. >> right. paul is speaking to the analytics of tactics of trial, mo. you're going to the idea of what the narrative is surrounding it. >> i get it. >> just for the audience. you both get it very well. you're both polished pros. >> i get it. >> thanks for taking us through it this morning. >> there will be more rounds of this as we learn more and we get everybody ready for what may or may not happen in this prosecution. let's take a break right now. when we come back, we'll have

more from here in ferguson, but first isis, obviously the new focus of the war on terror. the defense secretary chuck hagel now says they are large, they are well-organized and, quote, beyond just a terror group. so the question is obvious, how will the u.s. deal with the threat, especially in the wake of the beheading of journalist james foley? what's next coming up. so i can reach ally bank 24/7, but there are no branches? 24/7 it's just i'm a little reluctant to try new things. what's wrong with trying new things? feel that in your muscles?

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welcome back. the top pentagon official sounding the alarm this morning saying isis poses a dire threat that the united states must take seriously. secretary of defense chuck hagel says the u.s. must be prepared for everything when it comes to the militant group. listen. >> they carry an ideology, a sophistication of strategic and tactical military prowess. they are tremendously well-funded. oh, this is beyond anything that we've seen. >> quite a startling warning. let's talk about the threat from isis extremists with harris rafiq, outreach officer and anti-extremism. you heard that warning and they went on and on and one warning from another coming from the pentagon quite frankly. secretary of defense saying oh, this is beyond anything that we've seen.

do you agree? >> oh, absolutely. this is 21st century jihad. >> what is different? can you lay that out? what's different about isis now? >> okay. essentially what is different is they have over $1 billion worth of assets. they are well-funded. they are operating as a corporate entity. they are getting out to people. they are using social media. they are more barbaric than anything they have seen before. they will go to no ends. they have had children in photographs and images with severed heads. they have obviously had the gory and gruesome beheading of the late james foley. they are ready to do whatever they need to do and what we see different now is they have the strategy. they have the motivation. they have the funds and they are actually well, well organized, and this is something we've not experienced before. before we had al qaeda who were operating as cells and inspiring other groups. we had al shabaab, boca haram,

et cetera. these guys are much more organized and created an islamic state that i don't recognize and majority of muslims don't recognize and some do. this is the problem we've had, islamist ideology, including the muslim brotherhood, in the uk and around the world sowing the seeds. so many people taught since then were wrong that there's an utopian islamic caliphate. now there's a guy who claims he's got one, got some means and won some battles and many more people saying we believe in the islamic caliphate, why don't we go join them. >> let me ask you about this. you talk about them being well-funded. we discussed this last time, and you say again $2 billion in assets. that's an eye-popping number. that gets to my question which is when it comes to the case of james foley, we have learned that there was a ransom request

of $130 million. does ransom play a large role in the funding of isis? where are they getting their funding, in other words? >> isis basically were part of al qaeda in iraq and they were kicked out, and they have a history of funding themselves through extortion, through blackmail, through kidnapping. they used to extort money from the oil field -- the people who run the oil fields in the iraqi region. i remember a story where they actually wanted, demanded half a million dollars a month from one particular organization, and they were paying it, and then when they wanted 1 million a month the organization actually brought all its staff back and said no, no, no, we'll take half a million so they have a history of blackmail and extortion. other areas that they are getting the funding from, now that they have captured the oil fields in northwest iraq, they are actually selling oil on the black market, and it's estimated, and i think we talked about it before, that it's estimate that had they are

earning anywhere in the region of $1 billion a day from selling oil in the black market and, of course, they have the bank in mosul that they have raided and there's a different numbers of what sort of -- different figures of the amount of money that was there, but some people were say there were $800 million and $900 million worth of liquid cash available there and they took that. yes, extortion and blackmail plays a key part, and historically that's played a key part in the way that they fund themselves. >> of course then the question is what do we do about it, we being all the western allies, the united states and its western allies? i mean, the focus -- the u.s. policy so far has been largely the focus of containing the threat, not necessarily defeating isis, but also in this press conference, this press briefing, we heard from the joint chiefs chairman martin dempsey when asked about do you have to go in and address part of this organization that resides in syria? he says you can't defeat them without doing that. do you agree? >> oh, absolutely because what will happen is that once we're

arming -- arm the peshmergas in kurdistan, the only option under the cover of air strikes from the usa and its allies, the only option that they will have is to go back into syria. now, imagine -- imagine if this happens and isis sort of capitulates a little bit and all the foreign fighters that we have fighting in the region are sent back to their home countries. what do we do then? our security agencies will not be able to cope. we'll have a number of european and american and western jihadis with passports that will allow them free travel. this is a long-term battle that we have to have some strategies in place of what are we going to do when they actually go into syria, and, secondly, how are we going to tackle the hearts and minds? we have a number of people in the u.s. and a number of people in the uk over the last 10, 15 years who have been taking this battle of hearts and minds forward. sheikh qabbani in the usa who

i've had the pleasure of meeting and they are not getting the support from the government, from the white house and from other places to take and be empowered to take this battle forward. that's what we need to do. we don't win the hearts and minds of people long term we're going to carry on losing. >> that is a terrifying thought and a huge task ahead in winning the hearts and minds. one thing to have a military campaign but it's another to take on the task that you're talking about right there. that is long term. haras rafiq, great to see you as always. thank you so much. >> my pleasure. >> coming up next on "new day," the parents of michael brown talking to cnn, the emotional interview including his mother's heart wrenching account of the moment that she learned her son had been killed. that is ahead. ♪ ♪ imagine the luxury... of not being here.

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good to have you back with us here on "new day." here's a look the at your headlines. breaking news this morning from ukraine. a russian convoy carrying humanitarian aid has started crossing into eastern ukraine, this according to a russian official. 34 trucks are making their way to the rebel-held city of luhantsk and now 90 more are moving towards the border, but

red cross is no longer accompanying these trucks as planned because continued fighting in the area between ukrainian forces and the rebels. the red cross was supposed to be with the convoy as part of a russian-ukrainian agreement. in the middle east, israel is stepping up air strikes on hamas targets in gaza. overnight israeli forces attacked militant targets mainly in vehicles and on motorcycles. dozens of palestinians killed in the latest round of violence meanwhile, as egypt attempts to end the conflict falters, the united nations says the u.s. has joined the european effort to come up with a resolution that will call for a sustainable cease-fire and advance the goal of long-standing peace in the region. texas governor rick perry will be arraigned in an austin courtroom today, but he will be 2,000 miles away in new hampshire. perry is traveling around the country, exploring a possible 2016 run for president. grand jury indicted perry last week on charges of abuse of

official capacity and coercion of a public servant. perry for his part has pleaded not guilty. he did have his mug shot and fingerprints taken earlier this week. a federal judge has declared florida's ban on same-sex marriage unconstitutional, but the judge did put the marriages on hold for now pending appeals. a total of 19 federal courts have now weighed in on the issue, all reaching the same conclusion, to strike down state laws barring gay and lesbian couples from tying the knot. >> all right. let's take a look at weather right now. meteorologist intrapetersons is keeping track of it all for us. heading to the weekend and you just whispered to me thunderstorms. >> already said the "t" word. >> take a look right around chicago, look at all of the lightning that continues to flash in the region. in fact, a lot of flooding concerns are imminent in that area with over four inches of rain having fallen around the midway area. we'll be watching as the northeast gets better. high pressure will build in as we go towards the weekend.

saturday and sunday looks good and, unfortunately, around the midwest, a lot of instability out there, more showers as you go through that weekend. a lot of heat is out there, one of the reasons that we talk about that threat for thunderstorms so even a severe weather threat will be there, greenville, wilmington, severe weather threat and back again towards the plain. but it is the heat. talk about how warm it is, warmest it's been all year, so the hottest day all year will be for little rock, indianapolis, memphis and jacksonville today. that's the kind of heat we're talking about, so with the heat advisories in place, that's the actual high and hearing some more of this, dulles 100 degrees today, but it will feel even warmer when you add in the humidity. another major thing we'll be watching. 60% chance that we're talking about development out in the atlantic. latest models look good. they will be curving these out to sea. not complete agreement just yet so something we'll be closely watching as we go to the next several days. we don't want another system but we're getting very close to peak system. >> heading right into it. on temperatures, been a

relatively mild summer. >> for the northeast it's been great, but, unfortunately, the south is burning up, literally. >> and so dry out west, too. >> yeah. >> complete opposites really. >> thanks, indra. >> yeah. coming up next on "new day," an emotional new interview with michael brown's parents. you'll hear his mother's heartbreaking account of the day, the moment, that she learned that her son was killed.

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welcome back to ferguson, missouri here as we start your "new day." the national guard still behind us, about a dozen police cruisers just came to the command center as the community is far calmer, but there's still a question of how long it will last, and for all the doubt that is on the ground here, one thing is for sure. michael brown jr.'s life ended far too soon. at just 1 years of age, the unarmed teenager was shot and killed almost two weeks ago and is said to be buried monday. his mother and father sat down with anderson cooper and opened up about how the loss of their son has changed them forever and what the outrage and all that followed has done to help and hurt and what justice they seek now. >> this is obviously every parent's worst nightmare. mike, how do you get through each day? >> i don't.

i just glide through, you know. not to see him physically moving around again in my life, that's a heartbreaker for me. it's painful, you know. i just -- i can't really explain how i really feel about this, you know. >> leslie, does it seem real? >> nope. >> it still doesn't? how are you getting through each day? >> prayer, family, support. >> you both met with the attorney general yesterday, eric holder. how was that? what did he say to you? >> he just kind of talked to us from a man with kids hisself

perspective. >> he talked to you as a parent? >> yes. >> did it help? >> it actually helped me because he -- he has our support, you know. he's supporting us, and he said he's not going to -- he's not going to stop. he's going to help us all the way through. >> did it make a difference that he came here, that he looked you in the eye and met with you privately? >> yes, he did to me. >> in what way? >> because you can read a person, and when you are looking at them and they are looking at you, and your eyes, it puts some trust back there that you lost, and he did and assured that it will be a fair and thorough investigation. >> do you believe, do you have confidence in the investigation? >> up until yesterday i didn't. >> you didn't? >> but just hearing the words come directly from his mouth

face-to-face, he made me feel like one day i will, and i'm not saying today or yesterday, but one day i'll -- they will regain my trust. >> the grand jury just started yesterday. >> yeah. >> we learned it may not be until october that they come up with a decision about what they are going to do. obviously you want answers now. >> right. >> are you ready to -- are you able to wait? >> i want everything to -- i don't want to rush judgment. i want everyone to take their time so there will be no mistakes and get it done right. >> you've talked publicly about justice. you want justice. for you what is justice for your son? >> for this guy to go to jail so we can have some type of peace.

he's still walking around with pay. that's not -- that's not fair to us. we're hurt and he has his life. our son is gone. >> do you actually go to the scene? >> yes. >> that terrible day? >> yes. >> did you see your son? >> well, when i -- when we arrived, he was covered up, so i didn't see him how other people seen him laying in the street. >> did it upset you that he was left out for so long? >> yes. >> did that -- is that something that still upsets you?

>> yes. we couldn't even see him. they wouldn't even let us see him. just left us out there four and a half hours with no answers, with nobody tell us nothing. >> leslie, were you there as well? >> mm-hmm,up. >> i can't imagine as a parent standing there as the hours tick by. >> right. >> before even getting there, somebody call you on the phone and tell you something like that and you are miles away. it's terrible. >> nothing will ever take away the loss that these two people have suffered, and yet to hear

from the father, he doesn't want any rush here. he wants everything to take time that it needs so that it's all done right. the parents of mike brown jr., and there is new information into the investigation of their son's death. we are going to have that for you and a lot of other news that you're going to want as you start your "new day" as well so let's get to it. >> in order for us to move forward, then we're going to have to build some trust. >> 12 days after the shooting death of michael brown, people here are so angry, and they want answers. >> for you, what is justice for your son? >> he's got to go to jail. >> isil clearly poses a long-term threat. >> i've been told with no uncertainty there are isis sleeper cells in this country. >> two americans receiving treatment for ebola have recovered. >> i'm thrilled to be alive, to be well and to be reunited with

my family. >> good morning and welcome back to "new day." we are in a much calmer ferguson, missouri this morning. the crowd now marching for peace. only seven people arrested, and we will wait to see what will come after the anger, kate. >> the situation, chris, calm enough that missouri governor jay nixon has now ordered the national guard to start withdrawing, to begin the process, and they are expected to begin that process of leaving later today, chris. >> we're also learning new information about the officer involved, darren wilson. his condition, for example, after the shooting, a source with detailed knowledge of the investigation tells cnn officer wilson did have injuries to his face but not a fractured eye socket. there were many reports to the contrary, but that's what we are told so the big mystery remains what prompted the shooting and was brown complying with police? on that part let's get to george howell who has the latest for us.

>> reporter: chris, good morning. a day of calm, a night of calm. it's something that many in this community had hoped for, but let's take this moment now to reset, to review the case in full and the various conflicting points of view. in the center of canfield drive, this memorial marks the spot where michael brown was shot and killed by a ferguson police officer, but after nearly two weeks exactly what led officer darren wilson to fire at the unarmed teen remains unknown. one thing that is not in dispute by many accounts is where everything happened. we know that officer wilson's car was just about here where i'm standing, and mike brown's body was found right over here where this memorial is, about 35 feet away. the one thing that's still unclear is exactly where the officer was between these two points when the shots were fired. eyewitness dorian johnson was with brown on that day. >> he turned around with his hands up, beginning to tell the officer that he was unarmed and to tell him to stop shooting,

but at that time the officer was firing several more shots into my friend. >> several key points are in dispute. among the scenarios was brown shot from behind? was he the aggressor, or did he die with his hands up? at least two witnesses, tiffany mitchell and p.j. crenshaw. >> he runs and gets out of his vehicle and follows behind him shooting. >> turned around and didn't reach for anything. he put his hands into the air being complaint, and he still got shot down like a dog. >> and then there's officer wilson's account retold by a friend saying it was michael brown who was the aggressor. >> so he stands up and yells freeze. michael and his friend turn around and michael starts taunting him, oh, what are you going to do about it, you know? you're not going to shoot me and then all of a sudden he just started to bum rush him and

started to come at him. >> an unknown man in his words captured by this video also seems to suggest that brown was coming at the officer. >> he starts running. >> and another witness michael brady tells chris cuomo that wasn't the case. >> does the word charged fit what mike brown was doing? >> charged, no, like want to charge towards the officer? >> yes. >> no, no. >> so now what's next? we understand that the process to examine evidence has already started, the st. louis county prosecuting attorney saying he's targeted mid-october before the grand jury has examined all of the evidence in this case, so the process under way now. people in this community just have to wait for that process to happen. chris? >> you know, george, as we both know, that's how it is with grand juries. they only meet one day a week which is why there was a lot of pressure on the prosecutor to just charge as a right of his own.

he chose not to do that. chose the grand jury. thanks as always. reporting is great. we'll be back with you. let's bring in one of the attorneys for michael brown's family, daryl parks. thanks for joining us. let's check some of the boxes as people bring out sources of potential controversy. let's start with the autopsy. okay? every time we hear about the autopsy, heard about one from the family, one from the medical examiner. the shots are in the front, not from behind. maybe a couple could be from behind but maybe, maybe not. oh, that disrupts the idea that he was shot at from behind. a point you've made to me that i would like you to make now is you have to distinguish between being hit from behind and being shot at from behind and maybe the officer just missed. what is the take on the analysis? >> correct. the witnesses corroborate that some shots were fired at michael as he ran away. the autopsy showed that there's a possibility that one of the

shots may have come from behind, the shot to the right arm. those are the only shots that possibly could have come from behind. then we have michael turning around, surrendering to the officer and not running away by surrendering to the officer. in the course of that he is shot several times in the front during that time. he at some point starts going down, and the officer continues to shoot him as the officer comes upon him. that's the account that i heard from the witnesses and the autopsy. >> and the question then becomes why did the officer need to shoot him in that final moment when he was -- when that were face-to-face, facing each other though still at a distance. now, michael brady gives a strong account of this and keeps telling a consistent story, he stands by it. the problem is with his account, as you know, he did not see the moment that michael brown jr. stopped running away and wound up facing the officer.

he did not see whether he had his hands up or whether he was rushing him. he only saw him once he had already been shot. what do you take of that hole in his story? >> well, i think although he doesn't see when michael first turns around, he does see the latter part of the altercation in terms of when michael has been shot and when the officer delivers the last couple of shots. the important part from the autopsy, chris, is that the examining doctors believed that the fatal shot that took michael down is the shot to the apex of the head because you cannot survive that shot. it automatically takes you down so that had to have been one of the last shots fired, thus taking him down. the importance of that though is the angle of that shot that went to the apex of his head. it goes from a back to forward position and that makes it so critical because his head had to have been in a very, very down position putting the officer over him for that bullet to go

from back to front. >> michael brady makes his testimony, his witness, makes that point. he says that he watched those shots and when the last shots were fired, while he couldn't tell where michael brown was being hit, he did see that he stopped immediately with the last hit, you know, which does go along with what you're suggesting, and the point that you make, i believe, you tell me, is that an overs doesn't have to account just for shooting, he has to account for each shot? >> well, certainly. i think it's rather clear that certainly there's a situation that happened within the car and then clearly at a certain point mr. michael brown leaves the vehicle and starts running away, and i think that's a distinctful point here because the officer then has to get out of car. it means he has to open the door, get out of the car, put his foot on the ground, pull a gun up. he can't open a door with the gun out, so he gets out of the

car, and then shoots in the direction as the kid is running away. i believe at that point alone that is a violation of his civil rights because that use of force for a person who is going away from you was not necessary. >> right. you made that -- when we first heard the reports about the -- what happened to his eye socket that have since been greatly rebuked as far as i can tell from our reporting, it does not seem like that happened. maybe he got x-rays done, but there doesn't seem to be any reporting right now to support any extreme injury. you said it doesn't matter to you whether or not the officer was hit in the face, whether he has a broken orbital bone, doesn't matter to you in your analysis of whether or not this was a justified shooting because, why? >> it didn't take that level of force to apprehend this suspect. there was nothing that had happened there that the officer would have believed that he was

in any type of fear that required him to use his firearm immediately for a person who is going away from him. i want to also make a comment on what you said about the officer's injury. i knew all along, you know, part of our practice we do some matters that involve a lot of medical injuries, and when i saw the video of the officer standing outside and i watched his demeanor and i watched how he, you know, interacted with the other officer, it didn't appear to me that he was a person suffering in any type of way, shape, form or fashion. you don't see him putting his hand up to his face as if he is in some pain. for the injury that they described, obviously there would have been tremendous pain that would have made anyone need to, you know, put the and there, to bandage it, you know. there would have been blood or, you know, he probably -- obviously something happened but it wasn't to the level that many tried to describe it earlier

this week. >> especially when you add in the point that michael brown then took off from the car, so even if he was a threat at that point, the threat, you're arguing, would have ended. let me ask you to speak to one other point before i go. listening to the parents, they both said, hey, justice for us is this being done right. let's everybody take their time. i know everybody is calling for more now, more now and an arrest now. not us. take the time. we want it done right. do you think the message that needs to come out from you and others who support the family is let's trust the process now? let's trust the u.s. attorney general to oversee and make sure it's done right so that you don't undermine confidence in what comes next? >> well, you've got to be careful there. remember, we have a system of government that gives both systems the right to investigate this case, and the federal aspect of it is rather limited in terms of enforcement of possible criminal laws. the state's component is the part that has the far wider

latitude in terms of its charging capability. that's what makes the state's part of the case so, so important. let me give you an example, chris. in a normal situation, a family who has suffered a death and a person has died, they normally receive some type of victim's advocate contact from the state attorney's office. that hasn't happened in this case. they are not treating this family as if they have been victimized. they are treating the officer as he's victim, and we have a big problem with that. this family has suffered the biggest loss any parents could ever v.they are the victims and deserve all the rights that a victim should have in this situation. >> well, there is absolutely no question that michael brown's parents have suffered a loss, and they did nothing to deserve that, no question about that. counsel, thank you very much for joining us. as always, we'll be speaking to you going forward, no question about that either. >> thank you. >> thanks for joining us on "new day." kate, over to you. >> chris, thanks so much.

this morning we're also taking a look back at this story and getting a closer look at a disturbing e-mail from isis militants written just days before james foley's murder. his family released the e-mail from his captors that also confirms that the terror group demanded a ransom of more than $130 million for his release. a much closer look now at this live from london right now. it's an unbelievable e-mail. >> reporter: it is and it's very horrible to read it when we know what happened very shortly afterwards. i'll read a quick excerpt. it said today our swords with unsheathed towards you, government and citizens alike, and we will not stop until we quench our thirst for your blood. you do not spare our weak elderly women and your children so we'll not spare yours. you and your citizens will pay the price of the bombing, the first of which being the blood of the american citizens james foley. he'll be executed as a direct result of transgressions towards

us. very similar language to what we actually heard on the video and, of course, we know now that the man in that video, who appears to have carried out the killing is speaking in a british accent, and this is why investigators here are trying very hard to track down who this man, is match the audio and video recording there with their database here and see if they can find out among hundreds of jihadis they have been tracking if this man is one of them, if he can be identified. >> also wonder if that's possible, if they are able to do that, if they can also lead them to maybe where the other captives are being held. the process is obviously a very sensitive one. thank you so much for that. we're staying on this story and taking a look at a lot of other headlines. >> watching the situation in ukraine and russia along the border there, a little bit of an update. breaking news from ukraine. a russian convoy carrying humanitarian aid has crossed the border into eastern ukraine. the trucks are making their way to a rebel-held city. ukrainian officials say 80 more are now headed towards the

border. however, the red cross is no longer accompanying the trucks as planned because of continued fighting in the area between ukrainian forces and rebels. more than 30 trucks have been cleared by russian and ukrainian customs based on the assumption that the red cross was traveling with them. in the middle east, israeli forces fired off another round of deadly air strikes on hamas targets in gaza, and this morning hamas media reported the group executed 18 people suspected of being informants for israel. meanwhile, palestinian president mahmoud abbas insisting there is no alternative to egypt's plan for a long-term truce. he is in cairo for a new round of peace talks this weekend. a government watchdog says the secret deal that freed army sergeant bowe bergdahl in exchange for five taliban prisoners back in may was illegal. an investigation by the government accountability office found the pentagon broke the law failing to give congress the required 30 days notice and spending more on the transfer than authorized.

texas governor rick perry will be arraigned today on felony charges that he abused his power, but instead of being in court perry will be almost 2,000 miles away in new hampshire testing the waters for a possible 2016 presidential run. he has a series of campaign-style visits scheduled in key nominating states. perry was booked, even had his mug shot taken earlier this week. he says, however, he'll fight the charges, quote, with every fiber of his being, a bit of a grin there for the cameras just for added effect. >> quite a mug shot. coming up next on "new day," we'll go back out to chris who is in ferguson for us, but, first, we'll also be talking about the u.s. issuing a new warning about isis. the pentagon says the terror group is beyond anything this country has ever seen. what makes these terrorists so powerful? we're going to talk to the pentagon spokesman about that and also what the u.s. is going to do about it.

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welcome back to "new day." a new warning from secretary of defense chuck hagel about how serious the threat is from the -- from the terror group isis. he says the group is as

sophisticated and well-funded as any the united states has seen. listen. >> this is beyond anything that we've seen so we must prepare for everything, and the only way you do that is you take a cold steely hard look at it and -- and get ready. >> his comments come days after isis savagely executed american james foley and threatened the life of another american, steven sotloff. let's discuss this with admiral john kirby. great to see you, admiral. i want to get straight to it because i'll tell you, a lot of people were surprised at how strongly and forcefully the secretary and the joint chiefs chairman came out and spoke yesterday in that press briefing. >> right. >> when you hear from the secretary of defense you need to take a cold, steely, hard look at it and get ready, get ready for what? >> get ready for all the options that are available to the united states government, to international partners to deal with a growing threat like isil.

these are not just people that are threatening the security of people of baghdad or iraq or the region but they have the aspirations of attacking western regions as well. they have global aspirations, and i think he was speaking to everybody, not just americans, but people around the world, that this is a threat we need to take seriously. >> you want to take it seriously and even use the word imminent when they are talking about this as well. you heard from the joint chiefs chairman and this has stuck with a lot of folks and requires us discussing this. he acknowledged that isis can maybe be contained for some period of time, isis cannot be defeated without addressing its elements in syria. is it seen as inevitable by the pentagon that the u.s. will have to strike in syria? >> well, kate, we don't telegraph punches here in the pentagon so i won't speculate about any future operations one way or the other, but what i would point you to is the other thing that the joint chiefs chairman dempsey said is the only way these guys get defeated

is when their ideology can be rejected and that can be best through good governance, both in syria and iraq, and that's why we've been pushing so hard on iraq to form a unity government that's inclusive and responsive to all iraqi citizens. we don't see that from the assad regime in syria. but the real answer, the long-term strategy is to defeat their ideology by good governance and responsive politics. >> but in facing a very near term and immediate threat from isis that we see, i totally respect not telegraphing troop movements, if you will, but when the secretary says they are looking at all options when pressed about strikes, what are the other options if a strike isn't one of them? >> well, look, i mean, again, he said all options are being considered, and i won't delph into each one of those options. we're a planning organization here at pentagon and have to be ready for all that kind of stuff. what they also said it's going to take more than military action to deal with the threat that isil poses to the region

and frankly to western targets. it's going to take diplomatic energy, political energy and economic and informational. it's not just going to be about the military and the president has been very clear about the mission that we're conducting inside iraq right now. there's not going to be a military solution to the trouble and the threat that isil poses inside iraq. >> but this also seems like quite -- i don't even want to call it an admission, but an acknowledgement of the reality on the ground when for a long time all we've heard, and we've heard from the administration, they have stressed over and over again, that this will be, especially in iraq, a limited nature of this engagement, the limited nature of u.s. involvement over there, no troops on the ground, but then you seem to have something that has changed for the secretary of defense and the joint chiefs chairman to come out and acknowledge that you can't really take on isis unless you're going to be looking into syria. what changed? >> nothing changed, kate. we've always known that their sanctuary in syria was a

problem, their resourcing from syria was a approximate we've always known this. we've been watching isil now for many, many months and the fact that they sort of were able to sprout out of syria was not a surprise to us, but syria is a very complicated problem, and, again, the real root of the issue in syria is the assad regime and the joint chiefs and secretary said that yesterday as well. >> is there be a acknowledgement that we would be looking at a different situation today if the choice had been made to go in and harm -- and arm some of the vetted rebel groups? would isis be as strong? would their growth have been so fast if rebel groups would have been armed? >> i'll tell you, it's not a good exercise to get into armchair quarterbacking and doing hypotheticals about the past. all we can do here is consider the present environment that we're dealing with and the future threat that isil poses. again, we've got a very clear set of missions that we're accomplishing in iraq, very discreet targets that we can go after and authorizations to do

that, and that's what we're focused on right now >> at miller, i want to get your take -- we're looking at the most immediate threat in that region and americans are wondering how immediate threat is to the homeland, to the u.s. the governor of texas, rick perry, he spoke about the threat to the united states by isis in talking about the border. let me play you a little bit of what he said, and i want to get your take. >> i think there's the obvious grave concern that because of the condition of the border from the standpoint of it not being secure and us not knowing who is penetrating across that individuals from isis or other terrorist states could be and i think is a very real possibility that they may have already used that. >> is that a serious concern of the pentagon? >> well, again, we have concerns about isil's growth and their

strength and their global aspirations. >> which is coming through the border with mexico. >> i've seen no indication that they are coming across the border with mexico. we have no information that leads us to believe that. that said, we do know they have aspirations to hit western targets and it's something, as secretary hagel said yesterday, that we've got to take seriously and with have to try to be ready for it. >> do we have any real accounting? what's the best estimate of how many people with american passports are sympathizing with isis and are real threats to the united states and are over there right now? >> i don't have that number. i don't have a hard and fast number and you bring a really interesting point to light, the growth of foreign fighters inside the isil. the british are investigating to see who the murderer was who killed jim foley because of his british accent. when we were in australia a week and a half ago, the australians publicly and privately with secretary hagel raised this issue of concern over australian citizens becoming radicalized and joining isil.

it's a problem in many countries, and we face that problem here in america. it's just hard to get our hands around it. >> absolutely. rear admiral john kirby, always great to have you. thank you for your time again. >> thanks, kate. >> coming up next on "new day," where is darren wilson? he's not been seen in public since michael brown's death, his supporters have also been taking to the streets. we're going to be live in ferguson with the very latest. from 2000 to 2011, on average 17 manufacturers a day shut down in america. there's no reason we can't manufacture in the united states. here at timbuk2, we make more than 70,000 custom bags a year, right here in san francisco. we knew we needed to grow internationally, we also knew that it was much more complicated to deal with. i can't imagine having executed what we've executed without having citi side by side with us. their global expertise was critical to our international expansion into asia, into europe and into canada.

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welcome back to "new day." here's a look at your headlines. calm seems to be settling in in ferguson, missouri, much smaller protests overnight. almost two weeks after police

shot teenager michael brown. seven people have been arrested overnight. missouri governor jay nixon now ordering the national guard to withdraw from ferguson as michael brown's parents prepare to lay him to rest on monday. breaking this morning, hamas media reports the terror group executed 18 palestinians suspected of being israeli informants. this comes a day after an israeli air strike killed three hamas leaders, and overnight israeli forces launched another round of deadly air strikes on hamas targets in gaza. the remains of 20 malaysian victims from downed flight mh17 finally arriving home this morning. malaysian officials received the flag-draped coffins at a ceremony of kuala lumpur's airport. today has been declared a national day of mourning in malaysia. there were 43 malaysian passengers aboard flight 17 when it was shot down over eastern ukraine in july. the obama administration is putting new limits on renewing prescriptions for the commonly used painkillers in an effort to

curb widespread abuse. the dea will reclassify hydrocodone, things like strike dan, putting them in a category reserved of medical substances with the highest potential of harm. people will get a maximum 90-day supply before they need a new prescription. these new rules will take effect in 45 days. we've been noticing how high the increase of prescription drug abuse has been. >> it's huge. >> and they are trying to figure out what to do. >> and the number of deaths, a huge number, and it really goes underdiscussed i believe. >> really does. let's take a turn. >> can we turn to the most awesome thing. >> one of the more cooler things. my father gets so excited, loves the little league world series. >> full-grown men, so excited. >> the run for mo'ne davis and her team from philly has come to an end at the little league world series but i would say there's a lot to applaud in all of the performances. they played better than any of us, andy scholes, in the

bleacher report. >> can probably throw heard than i can, up to 70 miles per hour. >> not probably, let's just be honest. >> yes, definitely, definitely can throw harder than me but that's for another time. unfortunately, we won't get to see mo'ne davis pitch another time at little league world series because philly, her team, they ended up losing last night to chicago. they were playing the team jackie robinson west, an elimination game and errors in the field, they would be costly for philly. first inning, the ball gets thrown right by davis at first base. chicago took a 2-2 lead on that play. fill woe make it close, but they ended up coming up short losing 6-5 in the game so jackie robinson west, the team comprised of all black players from the south side of chicago moves on to play las vegas in saturday's championship game. should be a great matchup. week three of the nfl preseason kicking off last night with the eagles and state. bell and blount both playing in this game less than 48 hours being cited for marijuana

possession. bell probably wish he wasn't playing because he got his bell rung by ryans on this play in the first quarter. ryans was flagged for an illegal hit. a scary moment if you've got lesean mccoy on your fantasy team, left the game in the first quarter with an injured thumb. x-rays were negative and eagles say it's no big deal. turning to bleacherreport.com this morning. chris rock was taking in yesterday's yankees game when a foul ball headed his way. he ended up with it and that's a nice thing giving it to a kid sitting nearby. if you take another look. instead of going for the catch when the ball was coming his way, check out rock, he just gets out of the way. i don't know about you guys, but to me a foul ball is all about going for the glory, going for the catch. >> nope, nope. >> actually getting the ball is, you know, second place for me. you've got to make the catch. >> i respect -- absolutely respect that, but you know if you do not have a mitt.

>> that hurts. >> there's a potential for real injury here. >> yes, but that's why it's so much better if you do make a catch with the bare hands. all about the glory. >> i love it. so manly, doing worse than, that i'd be the girl crawling over the seats to get away from the ball. >> i'd make a deal with the people sitting on either side of me. if the ball comes towards us, i duck and you protect the ball. >> protect the money-maker. >> andy scholes, good to see you. >> we'll see you a little later. coming up on "new day," the other side of the ferguson story. officer darren wilson. where is he? he hasn't been seen or heard from publicly since the incident. what we know about him coming up. and really an amazing story we have been following. they beat almost insurmountable odds, the recovery of two americans that were infected with ebola. we're going to speak with one of the doctors who was part of the team that cared for both of them. ♪

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welcome back to "new day," calm here in ferguson, missouri, but what comes next after the anger will probably matter the most in the outcome of this investigation. questions continue to pile up and many are about the police officer who shot him. who is officer darren wilson, as with the deceased and his friend, there are competing notions of what he did that day and in the past. he's made no public statement or appearances since the shooting nearly two weeks ago. there was one radio interview and there was report of a severe injury leaked from inside the force that cnn reports is not credible. so what do we know? what should we know, what matters? let's bring in liz brown, a columnist for the st. louis newspaper and a criminal defense attorney. good to have you here. >> good morning. great to be here. >> let's start with the initial notion. >> okay. >> where is the officer? here's a statement against interests as a media type,

right? >> okay. >> he doesn't have to be out. supposed to be done in the investigation. supposed to be quiet. as attorneys i marvel how many people we get on tv and what they want to discuss. should it count against him he's keeping a low profile? >> we have to analyze what that low profile looks like. last sunday i saw a copy of the incident report written by him. it was blank and empty. nothing there. he's a 28-year-old person. one would think that there would be stuff about him all over the internet, but nothing is there. you couldn't even find a picture of him. >> why? >> because we don't care, because we want to focus on brown and dorian johnson, or do you think it's because it hasn't been supplied to us as other things have? >> i think it's because it hasn't been supplied. there were five days before we knew his name. perhaps somebody went in and scrubbed his office off of the internet. i mean, how can a 28-year-old leave no footprint on the internet? >> how much is okay because of

the presumption of innocence? that he's one that will be on trial, michael brown may not, but perhaps in some kind of a social trial that's fair or unfair. he'll actually be on the trial so you give him the benefit of the doubt. >> i'm a criminal defense attorney and appreciate and certainly expect that his attorney would want him to not say anything and for him to have the presumption of innocence. but what's happening here seems to be a little bit different. it's almost like instead of a witness protection program we have a defendant protection program, that there is no information out there for any of us to look at or make a decision upon. i don't know if it's coming from his attorney -- if it's coming from the prosecutor's office, getting a helping hand to hide himself to keep the evidence out there, keep the evidence from coming out there, that's a big problem. >> is the police department covering up for one of their own? ish. >> you'd a blank incident report? >> they will say we're the

little guys, we're ferguson, we often da fever to st. louis county. if you don't live here, we all happen to learn, you know, this i've had to learn there. there's so many different municipalities around here. ferguson says we defer to st. louis county all the time. they would do the report. it's not unusual, and you say? >> i say in this case for a blank, for absolutely nothing to be written by a little municipality it's unusual. then you get into what's legal versus what's fair in this media trial. >> right. >> that goes on. what do you think, a lot of time out here as responsible journalists have. i know this. he did this. i heard him say this and i heard him say that. we've been slow on that. on the part of michael brown, people say, hey, you know, he had no record but he had a juve record and it was for this and for that. do you think all of that should come out? do you think it's fair? >> i think that a juvenile record is protected by law.

i don't think it's fair for a juvenile record of anyone to come out, but i think that if there are reports in the public about the treatment of this particular officer with another person, i absolutely think that that is fair. i think that it is relevant and i think that it is fair because, again, the deceased is not going to have an opportunity to defend himself and there are going to be people eventually perhaps that come out and say other things about michael brown, maybe they will, maybe they won't and certainly the media is going to report that, anything outside of a juvenile record so certainly in the court of public arena i think that it is appropriate and it's fair that if there are people who have stories to tell about how this officer treated him. if there are police officers that have stories to tell about what it was like to ride with him because there are stories as well about what it was like -- >> they are not an easy nut to crack, as you know, doesn't mean that the media is not trying to do its job. you're trying to get it, too. they don't talk very often, reaching out to try to get people to bolster his profile, but that's part of it, too.

you want everybody's best food forward. let me ask you something though. as you look at situation here on the ground there's been a lot made of the injury. i get why it would matter to people, shows that mike brown is a bad guy, how much does it matter in the legal analysis if this was a justified killing? >> you don't get the death penalty for hitting a cop. you don't get the death penalty for shoplifting so it matters. it -- i mean, it matter in the sense if we look and talk about it and enhance it in a way that it makes certain that mike brown's reputation is affected by it, that's problematic, but if we talk about it in terms of what the police officer did and what the police officer didn't do then it's not. another point that you've been making, if you want the piece to

be maintained everything has to come out so people have confidence and trust that it's being done the right way so the more you know the more you can feel it's being done the right way. we'll all keep going after it. you're doing a great job. >> thank you very much. >> let us know when we're not getting it right. >> criticism from the inside is often helpful. all right. we'll take a break here on "new day." when we come back, something else is very high on the concern list. catching ebola is one of the new fears we have to worry about especially because we're told that there's no cure. what about this miracle treatment that saved two americans? we're going to speak with a doctor who helped them make this amazing comeback? what does it mean for the rest of us? (vo) ours is a world of passengers. the red-eyes. (daughter) i'm really tired. (vo) the transfers. well, that's kid number three. (vo) the co-pilots. all sitting... ...trusting... ...waiting... ...for a safe arrival. introducing the all-new subaru legacy.

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welcome back to "new day." a pair of americans who were both infected with the ebola virus, they are back home now after recovering from that deadly infection. dr. kent brantly hugged the doctors at emory university hospital. the doctors who helped save him and shared these words of thanks. >> today is a miraculous day. i'm thrilled to be alive, to be well and to be reunited with my family. i am forever thankful to god for sparing my life, and i'm glad for any attention my sickness has attracted to the plight of west africa in the midst of this epidemic. >> i yelled out loud when i saw how healthy he looked. the other american, nancy writebol being treatment, she was actually discharged earlier this week. both writebol and brantly were given an experimental drug that

may have saved their lives. i want to bring in somebody very special, an infectious disease physician. he was part of that team that cared for both patients. doctor, this is very exciting to speak to you today. thank you so much for joining us. >> thank you for having me on. >> i know every patient to you is very special, but two very, very special patients left your hospital this week and you were part of their care. tell me about your interactions with them. >> they were quite >> they were quite special and it was wonderful to interact with them. i was the physician on call when the unit was activated, when our team was activated and therefore, i had the honor of being the admitting physician for the first patient. and it was quite a great experience, because our team had trained for these sort of activations, these sort of patients for several years and we were finally able to use all of our training to care for two wonderful patients. >> we were really shocked when

we saw those images, very few of us will forget of dr. kent brantly working under his own power, albeit in the white jump suit, trafd to the hospital. talk about the recovery, just three weeks in the hospital. i know you can't speak specifically about the treatment they received but give us an idea of the day-to-day reality for them when they were in the hospital. >> of course. so the patients, once they were admitted to our unit, were able to be monitored by monitoring devices that we use here in american hospitals, such as monitoring their heart rates, their blood pressure, their oxygenation levels, as well as being able to get laboratories every day on them to monitor their electrolyte levels, kidney and functions and cell count levels in their blood and therefore, we were able to intervene on any abnormalities there very readily, and on a da

toy day basis, and therefore able to tailor the care of both patients to their individual needs on that day, which is sometimes hard to do in resource-limited environments. >> that's the point people are making about the scene here in america, as opposed to west africa. now look, these were two different patients, 33 and i think nancy writebol was in her 60s, yet they both recovered. we know they both had zmapp. do you feel that was the key, early sw early intervention or the aftercare they were getting at emory? >> it's hard to comment on the effect of any experimental medications. they by nature are experimental and we don't have the day to ascertain what effect they have and how much it influenced the outcome we have in these two patients. hopefully in the future, there will be additional studies done on this medication as well as other upcoming experimental medications, and we'll be able

to really understand which medications should be used, at what point in time in ebola infection. as dr. ribner said yesterday during the press conference, we really believe that the aggressive supportive care that we were able to deliver to the patients was effective in their good outcomes. i also think we had a wonderful team of physicians, nurses, laboratory personnel, who were all able to intervene to help these patients and i think that was a big part of it. >> i need to have a real talk with you here for a second. what also amazed us was the fact that all of you were, of course, smiles to see dr. kent brantly looking so hardy. you hugged him. we have been told how infectious this disease is and how it could be transferred from bodily fluid or whatever. this is a big statement. all of you, all of the physicians, all of the care team hugged him. there's no chance, there's no chance this virus lingers in him? >> so he is not at risk to

transmit this infection to anyo anyone he's coming in contact with. i don't think we planned the group hug, but it was a really rewarding moment for all of us, and it's one of the things we look forward to as physicians, being able to shake hands and hug our patients as they're recovered and heading home. all of us have families and friends at home, and so if we thought this, either one of these patients were at all a risk to our community we would have kept them in the hospital for longer until they were not at risk but we're confident they're not a risk to anyone. >> no long-term side effects, we feel confident the both of them will be healthy going forward? >> as with any such viral infections, once the patients recover and if they don't have any damage to any organs at the time of recovery, they should go on to a full and healthy life. >> wonderful. dr. aneesh mehta, thank you so much, joining us from emory university hospital, the int feck, disease unit. obviously doctors will look to see what they can learn about

this going forward and learn lessons how they'll treat patients in west africa as well. great success story there. next up on "new day," a new eyewitness to the michael brown shooting comes forward, what he says about a physical altercation and exactly when that police officer opened fire. also, defense secretary chuck hagel sounding the alarm over isis, why he says the threat it poses is beyond anything we have ever seen. if there was a pill to help protect your eye health as you age... would you take it? well, there is. [ male announcer ] it's called ocuvite. a vitamin totally dedicated to your eyes, from the eye care experts at bausch + lomb. as you age, eyes can lose vital nutrients. ocuvite helps replenish key eye nutrients. ocuvite has a unique formula not found in your multivitamin to help protect your eye health. now that's a pill worth taking. [ male announcer ] ocuvite. help protect your eye health.

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-- captions by vitac -- www.vitac.com hands up. >> don't shoot. >> hands up. >> don't shoot. >> breaking overnight, peace breaks out in ferguson, missouri, a quiet night of protests, but new questions this morning. the key witness in the case now accused of previously falsifying a police report. will that matter? plus brand new information about the officer that shot michael brown. police sources now say his eye socket was not fractured, as some have reported, and a new witness comes forward with what he saw happen at the police car. sounding the alarm. grave words from the u.s. secretary of defense on isis, calling it a giant threat to the

region and to the u.s., but are air strikes in syria the only way to stop this terror group snt cha the chairman of the joint chiefs is suggesting that. >> your "new day" continues right now. >> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. >> good morning, welcome to "new da day". i hope friday is treating you well on this august 22nd, ferguson, missouri, is different this morning. the mood and momentum has shifted, after two weeks of outrage following the police shooting of michael brown jr. kate? >> another big development, missouri governor jay nixon is now ordering the national guard to start withdrawing from the town of ferguson, and they are expected to start leaving today. >> reporter: brown's parents are speaking out to cnn as they prepare for their son's funeral on monday. they reveal that the recent violent protests did not help them or their cause.

they denounce the violence for shaming their son's name but we're now hearing calls for peace and unity, and there's a new focus here on justice and an investigation that's just heating up. >> every commanding officer under him. >> reporter: overnight in ferguson impassioned prayer, clergy and police hand in hand. >> god bless you. >> reporter: protesters now peace marchers lining the streets. as others pause in solemn reflection, leaving roses as part of a makeshift memorial for michael brown jr. these sounds of calm now set the scene here in ferguson, as law enforcement begins to pull back. missouri's governor ordering the national guard to gradually draw down. >> as we see the folks getting calmer, fewer arrests, fewer problems here, that mission, what we're going to draw down off that, we don't need the same

force strength. >> reporter: new information clarifies reports about officer darren wilson's condition after the shooting. source with detailed knowledge of the investigation tells cnn "officer wilson had a swollen face, not a fractured sigh socket as some media were reporting." meanwhile, new details about dorian johnson, michael brown's friend, and the eyewitness to the shooting. according to police documents, johnson was arrested in 2011 for theft, and making a false report to police. credibility, however, key, especially in assessing testimony, when they hear about the criminal background and the types of crimes involved, do you think it hurts your client's credibility? >> i think it's something they may take into consideration but remember he met with the fbi, the justice department, the prosecutor's representative, detective, and at that time, over a week ago, he laid out his whole life to them. they asked him about his criminal background. they asked him about the matter that he had a warrant out against him. he talked to them about it at length and in detail. >> reporter: now as peaceful

memorials take the streets where violent clashes once broke out. >> we are -- >> mike brown. >> reporter: captain johnson commends the community for another night of calm, a coloring book, box of crayon's and sock puppet on display where handguns and molotov cocktails sat just a few days ago. >> this is what defines a community. this is truly the community of ferguson is what we see on this table today. >> reporter: and now as you have peace on the streets, you can shift the energy and the focus to the investigation, and the moments leading up to michael brown jr.'s death, are still very much a mystery. we do know what the key moments will be, what happened at the car, what happened in the pursuit of michael brown jr., and what caused the officer to shoot and kill him. now, michael brady is a young man who has come forward as someone who saw the incident almost from beginning to end. there has been a lot said about what he knows, but it didn't

come from him, so we took it step by step to test what he did and did not see and hear. judge for yourself. >> first i was inside the house in my ped room and i hear an altercation. i looks out the window and i see some kind of tussling going on at the window. >> reporter: you see hands going both ways like this? >> just in and out the window, because i'm from like 100 feet away. >> reporter: can you see the officer's face? >> not exactly, no. >> reporter: can you see mike brown's face? >> no, not exactly. >> reporter: do you ever see the officer's hands, excuse me, but up around his neck? >> no. >> reporter: do you ever see mike brown do a motion where he's going to lump this cop, hit him? >> that might have was going to happen, that may be why the tuling was going on. >> reporter: high voices? >> high voices. >> reporter: the chance the officer was punched in the face do you believe there was a chance he was punched in the face? >> yeah, that's a possibility. >> reporter: okay so that's

going on as you come and start watching. now what? >> like i said, after the tussling going on in the window, all of a sudden takes off running. >> reporter: they both take off running. >> um-hum. >> reporter: why? >> i'm not even sure why. i'm not even sure why. >> reporter: that's interesting because you know what the speculation is, that there was a gunshot that sent them running. you heard no gunshot? >> i didn't hear no gunshot in the vehicle. >> reporter: but for whatever reason you don't hear it. >> i didn't hear that. i'm in the window. >> reporter: they take off. the little guy goes behind a car? >> yeah, his friend, he runs behind a two-door white car, hides behind the truck looking at the officer that's shooting, watching to make sure the officer's not coming towards him. >> reporter: okay you say that's shooting. so the big guy, mike brown, he takes off running more in a straight direction away? >> more in a straight direction. >> reporter: and what is the officer doing? >> the officer, he's out of his vehicle. he's most likely now past his own vehicle. >> reporter: so he is also running? >> he's basically taking large

steps, not running. >> reporter: is the weapon out? >> yes, has the weapon drawn out. >> reporter: he has his weapon out as mike brown is definitely running away? >> with his back turned, yes. >> reporter: is he talking? is he yelling? >> that's what i don't remember if he was yelling out stop or anything. >> reporter: but it yyou rememb this and mike brown is faced the other way and there's this. >> he's like i said 20 feet down already. >> reporter: okay. >> so a taser wouldn't have even touched him. >> reporter: and then what happens? >> he's away from his own police cruiser and i notice that he walked past the friend that ran -- >> reporter: doesn't even look at him? >> right, he doesn't even look at him. when i gets outside, mike brown, he definitely looked ahead already because now he's facing the officer. >> reporter: okay let's stop right there. you saw the officer taking large steps, you saw the officer with the weapon drawn. >> yes. >> reporter: he did not fire at that time? >> no, he fired. he tired. >> reporter: that's important. >> he definitely fired. >> reporter: so mike brown is running away. >> yes. >> reporter: the officer is out of the car. >> yes. >> reporter: the weapon is delaune. >> um-hum. >> reporter: and you see and

hear him fire at mike brown while he is running away? >> yes, um-hum. >> reporter: absolutely? >> absolutely. >> reporter: he is hit, now facing the officer. >> the officer. >> reporter: what is the position of the? er is? >> the officer still got his gun drawn at a distance, still about 15, 20 feet away. >> reporter: okay, mike brown is hunched over. >> hunched over like this, like he was already shot when i comes outside so now he's facing the officer, i remember him taking two small steps like he was, he was going down anyway, he didn't look like he was going to give up, because he was already hurt. >> reporter: what's the loaded word? the loaded word is charged. does the word charged fit what mike brown was doing? >> charged? no. like charge toward the officer? >> reporter: yes. >> no, no. >> reporter: absolutely no way? >> no, there was no way. there was no way. he was already like this, and the officer took like three or four shots at him, and that's when he went down, just like how he -- >> reporter: so as he's going in the motion you're describing you

see and hear the officer fire again? >> yes, before he went down. >> reporter: to are sure? >> yes, before he went down. >> reporter: what happens? >> the closest he got to michael brown other than the window was like five feet after when he's dead, he's standing over him. >> reporter: is he trying to talk to mike brown? >> no. >> reporter: is he trying to assess injuries on mike brown? >> no. >> reporter: did his face look beat up? >> no, it don't. >> reporter: does he look distressed, does he look upset? >> he looked kind of lost. >> reporter: maybe shock or something? >> kind of like -- >> reporter: how many sounds do you think you heard when he was running away and the officer was shooting? >> probably, i was thinking of four shots the first time. >> reporter: there was more than one? >> yes. >> reporter: more than two? >> yes. >> reporter: and then when he was like this, how many? >> i'm thinking four more. >> reporter: and the only unknown is in that one moment of what you say four, five steps of yours between when mike brown was definitely like this. >> right. >> and like this. >> right. >> reporter: what happened in that moment, you don't know but otherwise you're sure.

>> right. >> so what do you make of people coming out and saying the officer says that he charged him? do you think that's a convenient story? what chance do you think there is that it's true? >> no, it just can't be. >> why can't it be? we missed that moment from your own observation. why do you not believe it? >> because of the distance from the officer and mike brown, because you know, the 25, 20, 30 feet. >> so your point is you didn't see it, but in the time that you covered the distance, you don't think it was enough time for mike brown, that distance from the officer to get that much more? >> i don't think so. >> reporter: all right now remember, i'm testing this as an attorney for what you would see as this gets brought into trial, so kate, here's what we know. what does he not provide? he doesn't see how it starts, irrelevant. he sees what happens at the car, he sees if there's a hit in the face relevant, he sees the pursuit of michael brown and actually firing highly relevant

and troubling. the moment he misses, though, and it's so odd, he sees so much, but he doesn't see the one thing that may matter the most, in the time that it took him, michael brady, to travel from one room to the next, which is just moments, he doesn't see what made michael brown jr. stop from this motion and come back to where he was facing the officer, and that's where you get into the charge versus turn to surrender, and that's going to be a very important moment of analysis, but other than that, he is a very powerful witness. he's been interviewed a lot by different agencies, and he's expected to be used even more. >> interviewed by a lot of agencies, and all of this comes in the context of this is all going to be going, is going to go before the grand jury, that's the first step, and then this all becomes as you're talking about relevant or not, if this goes to trial, all of this important to remember in the context you're offering, chris. we'll get back to chris on the ground in ferguson, doing great reporting, of course, for all of us. let's turn now to a

disturbing warning from the pentagon, though, about the terror group isis. secretary of defense chuck hagel sounding the alarm days after american james foley was beheaded by the militants. during a press briefing hagel stressed that the u.s. needs to take a cold, steely, hard look at isis, and also, he said, get ready, and as u.s. air strikes on isis targets continue in iraq, the chairman of the joint chiefs of staff, martin dempsey, warns defeating the terror group will not be possible unless its presence in syria is addressed. cnn's pentagon correspondent barbara starr has much more for us live from the pentagon. good morning, barbara. >> good morning, kate, alarming words from the pentagon leadership. where are we on all of this? officials tell me all options remain on the table for how to deal with isis, but it is not yet clear whether that would include u.s. air strikes inside syria. as isis continues its murdering rampage, alarming words from the

u.s. secretary of defense about the threat the group poses to americans. >> oh, this is beyond anything that we've seen, so we must prepare for everything, and the only way do you that is you take a cold, steely, hard look at it, and get ready. >> but ready for what? u.s. officials insist there are no isis sleeper cells in the u.s. right now, but u.s. intelligence agencies are worried some americans fighting with isis overseas could come back to this country and carry out attacks. >> they're beyond just a terrorist group. they marry ideology, sophistication of strategic and tactical military prowess. they are tremendously well-funded. >> this is an organization that has an apocalyptic end of days strategic vision, and which will eventually have to be defeated. can they be defeated without

addressing that part of their organization which resides in syria? the answer is no. that will have to be addressed on both sides of what is essentially at this point a non-existent border. >> for now, u.s. military strategy remains limited to air strikes inside iraq, not in syria, isis' home base. but there has been the first u.s. military mission into syria with the acknowledgment of a failed july 4th raid to rescue james foley and other american hostages. the pentagon insists it wasn't an intelligence failure. >> in intelligence doesn't come wrapped in a package with a bow. it is a mosaic of many pictures, of many factors. >> so again, where are we on all of this? some officials are saying the next step could possibly be stepped up u.s. air strikes in iraq against isis positions. the intelligence they say is showing that the air strikes that have been conducted are having some effect on isis

positions and isis personnel inside iraq, but still the major strongholds, the home base of isis across the border in syria. kate? >> and barbara, the pentagon spokesman saying earlier on the show that yes, all options they are looking at all options, though. he would not go into further detail what those options include at this moment. barbara starr at the pentagon, thanks so much, barbara. michaela, a look at other headlines? >> we've been watching the situation as i mentioned earlier, a ukraine border with russia breaking this morning, ukraine security chief is calling this a direct invasion, what do i mean? 34 russian trucks carrying humanitarian aid have crossed the border into eastern ukraine, 90 more are on the way. however ukrainian officials say the convoy was not supposed to enter without the red cross. the red cross is no longer escorting the trucks as planned because of continued fighting in the area. the ukraine says it will not use force against that convoy. also breaking this morning, hamas media reports the terror

group executed 18 people suspected offing. israeli informants, this comes a day after an israeli air strike killed three hamas leaders. this after another night of deadly israeli air strikes on hamas targets in gaza. dozens of palestinians were killed in the latest round of violence. we'll bring you a live report ahead. the deal that freed army sergeant bowe bergdahl in exchange for five taliban leaders back in may was a clear violation of the law, according to the government accountability office. their investigation found the pentagon failed to inform congress 30 days before, as required by law, and the nearly $1 million used to make the transfer was not authorized. we are learning now that the day after actor and comedian robin williams committed suicide he was cremated and his ashes were scattered in san francisco bay. the 63-year-old williams was found dead in his california home earlier this month. he recently had been suffering from severe depression. his widow says the oscar winner was in the early stages of

parkinson's disease. he was beloved in san francisco, and he loved that town, and it seems only fitting that his ashes would be sprinkled in the bay. >> probably not a surprise, beloved in that town but beloved, i mean look at the outpouring coming in. >> yes. >> since then. coming up next on "new day," we're going to be talking about going back to missouri, almost two weeks since the shooting death of michael brown, new questions are surfacing. one of them, how seriously was officer darren wilson injured during the struggle with michael brown. [ man ] cortana, when my wife calls remind me to tell her happy anniversary. [ cortana ] next time you talk to caroline, i'll remind you. [ siri ] oh no, i cannot do that. oh, and remind me to get roses when i'm near any flower shop. sure thing. remind you when you get to flower shop. i can't do that either. cortana, it's gonna be a great night. [ beep ] oh wow! thanks for the traffic alert. i better get going. now that is a smart phone. ♪ oh, wait

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welcome back to "new day." a night of calm in ferguson, missouri, as important issues develop in the michael brown shooting investigation including questions surrounding the credibility of the key witness, the key eyewitness, brown's friend, dorian johnson, and whether officer darren wilson was injured. how seriously was he injured in his reported struggle with michael brown. source has told cnn that wilson did not suffer a fractured eye socket, despite others, some reporting that. let's bring in sunny hostin, cnn analyst and former prosecutor and mark geragos defense attorney and cnn analyst. let's start with the account, not the account of dorian johnson. >> the cop supposedly had a broken eye socket. >> that's second. you leave this, when you sit in this chair, you start the segment. we can change seats. >> you want to do it?

>> i just want to know one thing, how many times -- i love it when the cops always say i have an injury, i'm injured off duty, it's always that same b.s. that they've got. this is -- >> he had a swollen face. >> in 90% of thehe cases. >> first it was a socket injury, now we're hearing maybe just a swollen face, maybe he was treated the at the hospital, maybe not. i don't know that we can put too much stock in that. >> you can't because that's usually, they concoct that, the cops always concoct that and that's the reason they get a -- >> i don't know they always concoct that. >> for this argument, for the matter of argument here, if he had, if it was, i don't know how you describe, definition of -- >> fracture. >> swollen or the definition of serious injury is but if he had a swollen face, is that important? >> yes. >> yes, that's important because he has to show that his, that he didn't use excessive force, that he was in fear for his life, eminent danger or great bodily

injury or death, but i don't really think that that is what this issue turns on. i think the case really turns on whether or not the eyewitnesses' testimony will be found credible and what has been troubling to me, quite frankly, is the new narrative out there that you can't trust any of the eyewitness testimony. i've heard at least five eyewitnesses to this shooting and they're not different. they're all saying the same thing that dorian johnson is saying. they're saying that there was some sort of struggle at the car. >> this is the argument that you're going to hear from the prosecutors. >> it's true. >> the defense is going to have a field day with the witnesses. >> you really think they're going to have a field day? >> the defense will have a field day with the witnesses. the biggest problem for the defense in this case is not so much the witnesses, it's the number of shots. the number of shots is really troubling. i mean, if i'm defending this officer, i can do, i've got no problem if there's only two shots. six shots is a real problem in

this case. >> it's a problem especially, though, mark, when you have in conjunction with that five, at least five at this point, eyewitnesses whose stories in my view are basically identical. >> you know why the officer off lawyer is not going to worry about that? this is the prosecutor's worst nightmare you can tell me, you have all of these guys being taped. >> doing interviews. >> doing interviews and everything else, that's a prosecutor's worst nightmare. >> they're all saying the same thing. >> there are inconsistencies you can exploit. >> if they could be exploited they would be. >> they absolutely will be exploited. >> there really aren't inconsistencies. >> what the prosecutor always says. >> the story with the witnesses is there was a struggle at the police car. michael brown starts running away with dorian johnson. >> how do you deal with dorian johnson? >> he gets his hands up and continues to be shot. that narrative is the same. >> how do you deal with fordori

johnson? >> the fact his past is coming up? >> it would be troubling if his story was markedly different from the four other witnesses in the fight. it makes him more credible. >> i don't think that's true and i'll tell you why. dorian johnson is an essential witness for the prosecution. no matter what everybody else says. >> because he was there. >> he was there, he knows what happened before, during and after and he's the only guy who does. the fact that he's got a history of giving false statements is going to play large, but ult ma thely what's going to happen is, ultimately what's going to happen is if they file a case there will be so much squirmishing over had this. >> his attorneys say his past has nothing to do with it. >> it does not nothing to do with it. >> you're going to keep it out? >> maybe not but he has one incident of filing a false police report. >> it will be brought up if there's a trial. >> there's no way they'll be able to keep that out, no way.

>> it doesn't matter because all of the other eyewitness stories are completely consistent. >> mark, what are you talking about that you think if there's an indictment, if an indictment comes down, the officer will argue that the process has now been completely tainted because of the pressure to bring criminal charges. >> yes, that will be the first challenge legally is that if the grand jury indicts f the grand jury had too much pressure, when you have -- >> even if that indictment doesn't come until mid-october, november? >> absolutely because they're going to say the process is tainted, the fact that you've got the attorney general there, the fact that they're going to argue every time somebody says we need justice, that means we need an indictment, we need criminal charges, that they're teledwr telegraphing that, the people think if i don't bring an indictment there's going to be a riot. >> how does the county prosecutor deal with that. >> i agree with mark. the bottom line it's a prosecutor that brings cases and the prosecutor in this case didn't need to bring this in front of a grand jury. bottom line they could have just chose on it charge.

i think what is fascinating is that the prosecutor, quite frankly, even kept this case. this is a case that really screams for a special prosecutor. it really, i think, sort of watered down all the tensions in sanford when you had angela corey come in and that's what should have happened here. >> what people don't remember is this same issue came up during o.j. they started in front of the grand jury. the argument was at that time they went to the judge, who was supervising the grand jury and said, you can't do this in front of a grand youjury. there's too much publicity and pressure. bob shpi row ended up doing the preliminary hearing. the same argument has been made before and it would surprise me -- i think that the prous coup theor has got a real problem here. i don't understand, it makes no sense to me and god forbid that i agree with sunny, but -- >> i feel terrible we agree. >> i'm cringing. we're both cringing. >> i do understand, it's a cop-out to go to the grand jury.

>> sure. >> you can then say because the prosecutor can get a grand jury to do anything i want. if i wanted to indict your unborn baby i could do it, but in front of a grand jury. admit it. >> sunny -- >> true. >> the prosecutor can get the grand jury to indict, he can get them not to indict and if they don't indict, what is he going to say? i let the people decide. >> what can they do now? the grand youry jury is -- >> he should step aside. >> and have a special prosecutor assigned and go about bringing charges. >> we have no suggestion that will be the case and the governor said he is hands off. >> can we also agree on one other thing? >> yes. >> this governor is really, is really not ready for prime time. >> what do you mean? why? >> because the governor is the one that makes the choice whether or not to assign a special prosecutor and relieve this prosecutor of his duties and he's not doing that. >> i think he's handled this just abysmally. >> improper. >> yes. >> all right.

>> we agree! >> i know, twice in one day. >> we're just going to end it right there. guys great to see you. welcome back from vacation even though you could barely take it because we had you on all the time. coming up next on "new day," much more come out of ferguson, we'll hear from michael brown's mother as she describes the moment that she learned to her son had been killed, her tearful, very emotional but very important interview coming up. also this, hamas reports it has executed several people suspected of being israeli informants, they say. is it retaliation for deadly air strikes? [announcer] play close-good and close.

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trucks carrying humanitarian aid have crossed the border into eastern ukraine, 90 more are on the way, but without being escorted by the red cross as adwreed up agreed upon. the government says the army swap for bowe bergdahl was illegal citing a lack of congressional notice and unauthorized use of funds. texas governor rick perry will be arraigned in austin today on charges of abuse of official capacity and coercion of a public servant. perry maintains that he's done nothing wrong. instead he will be 2,000 miles away in new hampshire. we update the five things to know so visit newdaycnn.com for the latest. kate? >> thanks, michaela. to the middle east where hamas reports it has executed 18 suspected israeli informants. it comes just one day after israeli air strikes killed three hamas commanders. the militants warned israel will pay the price for their deaths.

cnn's karl penhaul is live in jerusalem with more. what more are you learning? >> reporter: kate, hamas made that aunnoment a short while ago over hits tvsation, the al aqsa tv station. the 18 they described as collaborators had been judged by a revolutionary court. it didn't go into the weight of evidence it was against these people but it said they were executed by firing squad. it said that hamas blamed them for collaborating with the israelis effectively spying for israel, that it led to a number of hamas military operations having to be aborted and the destruction of homes and infrastructure. it made no direct link to the death of three senior hamas military commanders in a pre-dawn israeli air strike on thursday, but of course, this is a stark warning to any potential spies in the midst of gaza, that this is the fate that will befall them if they dare to collaborate with israel.

also in another news while hamas is continuing to fire rockets towards israel, and that has led to the suspension of israel's planned start of the soccer season, and also the international airport on high alert in case of any rocket attacks there. kate? >> the quiet of just what was just days ago with the cease-fire and the talks continuing in cairo now absolutely shattered it seems. karl in jerusalem, thanks. coming up next on "new day," an emotional interview with michael brown's parents. they talk with anderson cooper about their loss and also the justice that they want for the officer who shot him. that are acidic...ds most of the time people are shocked when we show them where they're getting the acid, and what those acids can do to the enamel.

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welcome back. we are live in ferguson, missouri, this morning. it is increasingly calm and life is returning to normal for now at least. so what will come after the anger? one thing for sure, a funeral for michael brown jr., just 18, the unarmed teenager was shot and killed almost two weeks ago and is set to be buried monday. his mother and father are unquestioned victims in this situation, and they sat down with anderson cooper to talk about losing a son who was about to leave for college, and what the outrage and all that has followed has done to help and hurt and what justice they seek now. >> this is obviously every parents' worst nightmare. mike, how do you get through each day? >> i don't. i just glide through, you know.

unless i see him physically moving around in my life, that's a heartbreaker to are me, it's painful. i just -- i can't really explain how i really feel about this. you know? >> leslie, does it seem real? >> nope. >> it still doesn't? how are you getting through each day? >> prayer. and support. >> you both met with the attorney general yesterday, eric holder. how was that? what did he say to you? >> he just kind of talked to us from a man with kids his self perspective. >> he talked to you as a parent? >> yes. >> yes. >> did it help? >> it helped me.

because he has our support, you know? he's supporting us, and he said he's not going to stop, he's going to help us all the way through. >> did it make a difference that he came here, that he looked you in the eye, that he met with you privately? >> yes. >> yes. >> it did to me. >> in what way? >> because you can read a person and when you looking at them and they looking at you and your eyes, it puts some trust back there that you lost, and he di., >> do you believe, do you have confidence in the investigation? >> up until yesterday, i didn't. >> you didn't. >> but just hearing the words coming directly from his mouth, face-to-face, he made me feel like one day i will, and i'm not

saying today or yesterday, but one day they'll regain my trust. >> the grand jury just started yesterday. >> yes. >> we learned it may not be until october that they come up with a decision about what they're going to do. obviously you want answers now. >> right. >> are you ready to, are you able to wait? >> yes, i want everything to -- i don't want a rush judgment. i want everyone to take they time so there won't be no mistakes and get it done right. >> you talked publicly about justice. you want justice. for you, what is justice for your son? >> for this guy to go to jail. so we could have some type of peace. he's still walking around with pay, that's not, it's not fair

to us. you know? we're hurt. ain't no telling what he's doing but he has his life. our son is gone. >> did you actually go to the scene? >> yes. >> that terrible day? >> yes. >> did you see your son? >> well, when i got, when we arrived, he was covered up, so i didn't see him how other people seen him laying in the street. >> did it upset you that he was left out for so long? >> yes. >> did that, is that something that still upsets you? >> yes.

we couldn't even see him. they wouldn't let us see them. they just left him out there, four and a half hours. with no answers, nobody tell us nothing. >> leslie, were you there as well? >> um-hum. yep. >> i can't imagine as a parent standing there as the hours tick by. >> right. before even getting there, somebody call you on the phone and tell you something like that, and you miles away. it's terrible. >> terrible to say the least. the parents, again, without question, victims in this situation, and they will bury their son, michael brown jr., 18 years old, on monday.

coming up on "new day," one notable thing that we want to talk about in ferguson, especially early on, was the lack of leadership. who will emerge as the next prominent civil rights leader? the need is obvious and great here and across the country. we'll look at the rising leaders ahead. what does an apron have to do with car insurance? every time you tie on an apron, you make progress. and we like that. because progress is what we make, too.

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leaders descend upon ferguson to protest the shooting death of michael brown, many have asked who are the civil rights leaders for the next generation, the new generation, dare i say, the younger generation? here to discuss some under the radar candidates who already are making a big impact, carlos watson, making an impact of his own, co-founder and editor of ozzie.com. we like to look forward and think about what the next steps are, right? >> right, indeed. >> you brought some names to us. >> i did and what's interesting is there may not be classic civil rights leaders whether we think about dr. king or reverend jackson or others. we have the attorney general of california. >> she's a bit of a rock star in california. >> president obama tipped his cap to her a number of times. number of folks said if eric holder were to retire after the 2014 election she could be the next attorney general. we know how important that person can be in pursuing justice. >> female and interesting diverse pack ground.

>> mother, indian, professor of law, she's been very active on police brutality issues for quite a well, first in san francisco and now as california's 32nd attorney general. >> also not afraid of taking on the big banks and the mortgage industry. that was interesting to watch >> bank of america giving back billions of dollars to homeowners. you could argue she drove that in many ways, it was her lawsuit along with other state leaders that helped kick it off. if someone is willing to wade into big issues, housing or administration kamala harris might be one of them. >> phow about lupe very welalde. you're hard to impress. >> she's the single most impressive person i've met in the last 20 years bar none including a couple of presidents. she defines beating the odds, a group of migrant workers walk to

school was a c student, made her way through, ultimately went on to graduate school, became a senior leader in the dea and even the department of homeland security, gave it all up a year before having a full pension to run for sheriff of dallas county. now, she wasn't just running for sheriff of dallas county. she was running a am works latina, open lesbian. i'm not talking about in san francisco, i'm talking in dallas, she won and in her third term now. >> talk about being a change agent from the inside, the importance there. >> i think look, when we talk about issues of police brutality and obviously the jury is still out in this case but we know there are a whole suite of cases here, i think we're clearly going to need leaders and law enforcement to be a part of it. it won't just be people from the outside, but people on the inside, like lupe valdez. >> my next candidate, it's yours, i like to pretend they are because i control the wall. jeffrey canada. i touch the nose and tell us

more about this man who is making big changes. >> without a doubt. immortalized in the film "waiting for superman" here in harlem, a native of the bronx, jeffrey canada has said it's not only important to help our children with education, he started with a small area in harlem and expanded it to about 100 blocks, working with over 10e,000 students but he said if we get our students through high school and on to college and this program has about a 95% success rate in getting kids accepted to college, he said that's not enough. he said there have to be jobd in the neighborhood. >> sure. >> he said there have to be safety and roads that work and services that come together and it's a real overall community empowerment approach and one that's important. >> what you've seen is that the harlem renaissance, the new harlem renaissance is built upon the, that he did. the key here is can he replicate is to other areas. >> president obama is betting that he can, jeff just stepped down after 20 plus years as ceo, and president obama just a couple years ago said i hope we

can take the harlem model and take it to about 20 cities around the country. he could help in a bunch of places. >> i want to talk about education and ports of education. this fellow here, you hear about stories like this in hollywood, gangster. harvard econ professor now. from that to that? >> tenured at 30, graduated from college two and a half years. >> roland fryer, progrardon me. >> he was named a macarthur genius. he said let me apply it to schools and help some of the poorest children around the country by adding more tutors, more longer school days. >>'s grrr i have is. >> getting kids excited. a lot of professors talk about ideas, there are a handful that actually implement. the president of the united states today is a former professor, but roland has been given control of about a couple dozen schools in houston and denver, so rather than just talk about it, he's being asked to

show results. >> what i love what he's done, too, he's taken these existing schools, didn't shut them down but basically started from it the ground up, and implemented aggressive changes to get them to be top performing schools. >> here's what's important, he's been working with not only the superintendent in these two places, the teachers union and often so much of the challenge for helping some of our kids in the poorest neighborhoods is that there's been a battle often between the charter schools and the teachers union or between so-called reformers and the teachers union but roland's one of the few able to bridge the gap and we've got to watch his experiment because it's that kind of thing that will give opportunities to a lot of our kids. >> you've had the sense of getting to know these people in doing the research. >> yes. >> what is a common factor, they don't take no for an answer, or they just have unlimited energy? what do you think the common factor is here? >> i bet you at least three things. one is that they all seem to care and care deeply and care in a very personal way that won't allow them just to follow the

rules. number two is that all of them to some extent have this some personal experience with noting with the conventional choice so i think they've had a greater openness and third i think all of them have not just had mentors but really good supporters, people i like to call angels, jeffrey canada has been the biggest angel and supporter and mentor for roland fryer, just as an example. >> i appreciate that. >> i always get a handshake instead of a hug. >> i try not to give you my germs. now you got them, too. >> it's friday, i've got a weekend recovery. i'm good. i'm good. >> my man right here. >> good laugh. good to see you. >> we have to keep looking forward and keep striving for change. >> indeed. coming up in the midst of this week's chaos between police protesters in ferguson we'll share about a group of volunteers that really stood out trying to make their town a better place. ooh, this week we need some good stuff, boy do we have it. , we hh fraud protection. we monitor every purchase every day and alert you if anything looks unusual.

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we need a good stuff more than anything. we have been reporting on the angst, distrust in ferguson, missouri. in chaos we also know that we can find order and that's where the good folks from the church of god and christ urban initiative come in. during this week's protest they got up bright and early before the birds to do their part to restore order to the streets, cleaning up the mess from the night before caused by the

protesting that we know at times turned violent. >> we have what we call opportunists that came out and they're littering and destroying property, but we want to show the community that we're here to support them. >> vital to point out these folks aren't doing it alone. no, they had members of the missouri highway patrol joining in the effort to keep ferguson clean, a striking picture of law enforcement and civilians working together, inspiring hope in a place that needs so much of it especially now. >> kind of the perfect way of showing what a mess that we've been watching unfold and they're doing their little part to try to pick it up. >> absolutely. we have to remain focused on that, building together. >> we were just talking about that, exactly right. >> a lot of people are doing just that. >> it has been good but a long week. we hope you had a good one. thank you for joining us. we'll hand you over to the capable hands of our friend carol costello in "the newsroom." >> thanks so much. have a great weekend. "newsroom" starts now.

home and the calamity a quiet night in ferguson as new questions emerge about one of the key witnesses to the shooting. will someone's past throw the missouri town back into chaos? plus sleeping in america, the terrorist group isis, new details on their threats. do they have cells right here in the united states? new questions and new concerns. there are fighters with western passports coming into our way. let's talk, live in in "cnn newsroom." -- captions by vitac -- www.vitac.com good morning, i'm carol costello. thank you so much for joining me. we do begin in ferguson, missouri, where dorian johnson, the young man who was with michael brown when he was shot and killed by officer darren wilson finds himself under knew scrutiny. the 2011 mug shot is surfacing along with revelations he was busted in 2011 for theft and