match the greater police presence and national guard presence that we saw, we're told 40 arrests were made, all night people told us the same things -- this is about perceived injustice, feelings that things will not change. that they are alone and that is why they took to the streets again. more police in riot gear. more national guard out in the open, but still more attempts to tear ferguson apart. a police car set ablaze by a small group of agitators. >> anyone refusing to leave, you will be subject to arrest. >> police using more aggressive tactics. making arrests sooner. tear gas necessary again. hanging in the air. as the scent of the moment. >> there are those that are stuck on violence that embed themselves with the peaceful

protesters. >> but all who hit the streets are outraged. what fuels their continued disobedience is obvious. president obama says it's not just made-up. that communities of color don't always believe they're being treated fairly. >> it's rooted in realities. that have existed in this country for a long time. >> then came the next flash point, officer wilson saying the incident had nothing to do with race in an abc news exclusive. >> if michael brown were white this would have gone down exactly the same way. >> yes. >> no question? >> no question. >> the officer says on the fateful morning on august 9th, he saw black teenager michael brown and his friend walking in the middle of the street. >> i said hay, come here for a minute, that's when he turned and said, what the [ bleep ] are you going to do about it and slammed the door shut on me. >> he said the teen hit him ten times causing bruising. >> i pull the it third time and

it goes off. >> wilson admits brown runs away but it was his duty to give chase. >> my job isn't to sit and wait, i have to see where this guy goes. >> perhaps the most important point. he said brown turned and charged toward him. >> some eye witnesses said at that moment he turned around. he turned around and put his hands up. >> that would be incorrect. >> no way? >> no way. >> dorian johnson says he know what he saw. >> i saw my friend stop and put his hands up, being compliant after that, being fired upon, after being struck with a bullet wound from officer darren wilson's gun. >> wilson says there was not anything he could have done differently to prevent killing the 18-year-old. >> he kind of starts to lean forward like he's going to tackle me and i look down the barrel of my gun and fired what i saw was his head and that's where it went. >> after the verdict, brown's parents say they're profoundly

disappointed. >> i feel like they killed him again. >> the officer's response. >> they're grieving for their son. i'm sorry for their loss, sbaent the intention that day. >> something you think will always haunt you? >> i don't think it's a haunting, it's always going to be something that happened. >> the officer's response offers small consolation. >> it is certainly a haunting event to this community. but ferguson has always been about more than just this one shooting. the proof is now in the protests, spreading to more than 170 cities across the country. 170. thousands of people in new york, l.a., chicago, washington, boston, baltimore and so many mother cities, mostly peaceful marches, some are there for bad reason, but most have mike brown on their lips, but problems with the police where they live on their minds, let's bring in stephanie elam, she's been in front of ferguson police department all night long covering the story.

stef? >> hi, chris, good morning, it is a completely different scene. i've been out here all night in ferguson, what we've seen on the streets tonight versus the night before, two very different stories. sirens ring out in ferguson, missouri. demonstrators facing off with police for the second night in a row. tensions coming to a boil, as protesters overturn and set fire to a police cruiser after a day of relatively peaceful protests. police and national guard responding with a heavier hand than the night before. arresting 44 protesters. using hoses and pepper spray, to disburse the crowd. >> we will get justice by any means necessary. >> this as anger over the grand jury's decision spreads across the country. >> what do we want? justice! >> demonstrators flooding the streets yesterday in about 170

cities nationwide. blocking bridges, tunnels, and major highways from coast to coast. thousands of protesters snake their way through the streets of new york city. jamming traffic, holding signs and chanting loudly. across the country in downtown los angeles, protesters rallied, knocking down fences and blocking the 101 freeway with roadblocks and debris. in oakland, protests took a more violent turn. news helicopters capturing footage of vandals, smashing windows, looting local businesses and lighting bonfires. in minneapolis, a moment of rage as a car plows through a group of demonstrator, running over a demonstrator's leg. according to authorities, the woman was taken to the hospital and is being treated for very minor injuries. the incident currently under investigation. in cincinnati, 15 demonstrators

arrested after scaling concrete barriers and briefly shutting down interstate 75. denver police also responding to protesters trying to move on to their interstate. using smoke bombs and pepper spray to deter the demonstrators. >> i said mace, pull out the mace. mace everybody. >> from atlanta to boston, the nation's capital, protesters taking to the streets to make their voices heard as authorities attempt to contain a growing sense of outrage across the country. and chris, i spent a good amount of time out on west florissant avenue, the street where we saw so much unrest two nights ago, different story last night, it was blocked off, cordoned off, the national guard was out. no one was on the street. it was the kind of response we expected the previous night when we got the ruling from the grand

jury about the fate of officer wilson. chris? >> the question is, what will it take for this community to start healing and have the protests end? thank you very much, stephanie. here's one thing we know for sure, gas cannisters like this cannot be the main mode of communication of police and this community. so let's bring in liz brown, columnist at the "st. louis american" and retired lieutenant general russen honore, his leadership after hurricane katrina made him well known around the country. what will make this community stop taking to the streets and start trusting that there is something better ahead? >> when they're given some information, when they're given a response, when they're given something to believe that things are going to change. there's nothing that this community has experienced, in these last couple of days over these last 100 days over the last 100 years that law enforcement is going to change and treat african-american

people as human beings, and look into the faces of african-american people and act lawfully. there's nothing, there's no, there's been no message, there have been no words from any ila enforcement institution that things will change. why would the onus be on african-american people to change when there's been no change offered to them. >> what i'm hearing you say is that what happened with michael brown is a an example of the culture of policing and that was cemented by the outcome of the legal system. although they're somewhat separate issues. how do they get the comfort? what kind of concrete things do you think will make a difference? culture is a hard thing to change. >> it's a very hard thing to change. we are a still, the words of "no indictment" are still floating in the air, chris. it's 48 hours after the african-american community, that america was told that it doesn't matter what the evidence is.

it doesn't matter what the witnesses say. it doesn't matter this police officer is not even going to be taken to a trial in public to find out what happened. and so, how on earth can you get to healing, how on earth can you get to trust when the words of no indictment are still floating in the air? >> right, but you can't say no indictment and that they'll never be any testing of what happened here. because that's what no indictment means, liz, i mean obviously many here, including yourself don't like it. but it went to a grand jury, it met for a long time, a prosecutor dumped all this evidence on them, maybe too much. and they came to a conclusion. >> well chris, it's not evidence that we have seen. what we've experienced is a grand jury that was man-handled by the prosecutor. the prosecutor bob mccullough. we had a grand jury that was handled in a way that no other grand jury in the history of

this jurisdiction has ever been handled. we have a prosecutor that has given us some information, information that doesn't lead to a belief that things were done fairly. let me give you an example. you have a police officer going into a grand jury. and the issue of credibility is always if you're really trying to get to something, you try to find out about the credibility. when a police officer walks into a grand jury room, he's not vetted, it's the automatic understanding that he is telling the truth. i mean when i have voir dired witnesses or jurors, what i try to get to is whether or not they're going to believe a police officer over another person. well walking into a grand jury, the grand jurors are going to believe him. when you read the transcript from what he said, no one challenged any of the absurd illogical things that he said. so the people understand that.

>> yes, i take your point on that people have to look at the testimony for themselves. and how the grand jury was conducted. certainly going to be an issue going forward. let me get to general honore as well. what we saw in the change, more cops being more aggressive, getting at little things before they become big things, even though it seems more hostile when you're watching it in action. is that the right way to control the bad aspects of protests? absolutely. you have to have enough capacity on the ground, meaning troops on the ground. uniform officers, that can respond and protect people from being hurt, as well as protect property. and i think they came a lot closer last night to also having patience. i mean commend the police across the country for having patience to allow people to practice civil disobedience by walking in the street. and that goes a long ways, chris, to show that the police

are learning and they are allowing people to protest and practice some civil disobedience by closing the street down, but giving them the opportunity to be seen, be heard and to try to force a political solution. and i may say this, chris, this will not change until we come up with a political narrative on what's going to change as a result of what we've seen happen in ferguson, because people across the country are talking. and they're acting. >> general, think that's a very strong point and you're right. ferguson has always been as much about mike brown as it is a metaphor. we're seeing it across country now. we need solutions, there's no question about that. liz brown, general honore, thank you very much for the perspective. alisyn, back to you. we have other news to talk about. michaela, what's going on. >> conveniently i'm located right next to you, let's look at the headlines. two fbi agents have been shot in st. louis county.

police say the agents were responding to a report of a person barricaded inside a home. both suffered nonlife-threatening injuries. now at this point there is no indication that this incident is related to protests in nearby ferguson. we will bring you more details as they become available. a senior isis leader has been killed by a coalition air strike in iraq northwest of baghdad. medhti, a so-called prince of the group's military was killed tuesday. two minnesota men are facing conspiracy charges, suspected of helping isis and looking to link up with the group. abdul youssef is in custody and the other man is at large. university of virginia officials are vowing a zero-tolerance policy going forward on sexual assaults. a policy uva board members held

a meeting following the allegations of gang rape at a fraternity house and an admission by a school dean that some students avoided expulsion even after admitting wrongdoing. a majority of americans still disapprove of the way president obama is handling immigration reform. let's look at the latest cnn/orc poll. 53% say they don't like the president's handling of the issue. an improvement for president obama, it was 62% back in september. americans also disapprove of the president's use of executive action. 56% to 41. and in terms of job approval, just 44% approve of the job president obama is doing. that's hovering near an all-time low. >> michaela, we need to talk about a big storm brewing, that's not a metaphor, there really is a storm set to slam the east coast? >> how about the timing? >> it couldn't be worse. everyone is preparing to head out for thanksgiving more than 40 million people are set to drive somewhere for the holiday

and about 3.5 million people are going to the airports. let's get to meteorologist indra petersons, keeping track of it from new york's laguardia airport. how is it looking? >> it looks okay. that's the reason i'm still smiling. if you look at the board of arrivals and departures behind me, i've only seen one cancellation likely. the weather has not moved in yet. keep in mind, it will, 30 million people are suspected to be expected in the northeast today by winter weather. let's talk about the totals, it's these major hubs, and the biggest travel day of the year. d.c., new york city, boston, philadelphia, all looking to see the weather change quickly and drastically. the totals themselves, about three to six inches for new york city and out towards boston. these aren't the biggest numbers, if you go farther west, you're talking about over a foot of snow inland. also in through new england, same problem there. so really, if you're on the roads as well today, you have the similar problem, pretty much right on the line in between the

wintry mix. so to the right of i-95, looking at rain. you go farther west and you will be talking about heavy snowfall. it can catch motorists off guard. keep in mind what you're looking at, that's not the storstory, i 50 degrees in the northeast, temperatures are dropping by the hour, 30-degree temperatures expected two hours away that's when we switch over from rain to snow. that's why it's a race to get out before everything changes. let's talk about some of the other hubs, what's expected out there today. northeast, we know, it's going to be a mess. you got to remember compounding delays, places like chicago, also looking for a little bit of a wintry mix in through the overnight hours. out towards atlanta it looks good, d.c. could be talking about some wind out towards denver. out towards the pacific northwest, even some rain. so hopefully everything is okay. thanksgiving day parade does look good. got a positive. >> how easily fooled. if you look outside you're like, we'll be fine, what's the big deal. not according to indra. >> indra, thanks so much for

alerting us. we'll check back in with you. there's controversy this morning over how the chief prosecutor handled the shooting death of michael brown. did robert mccullough taint the grand jury process? we'll take a look.

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watch your personal dvr library where ever you go. with the x1 entertainment operating system. you are watching "new day" and a big question mark still hangs over the prosecutor who brought the ferguson case to a grand jury. and never chose to charge officer darren wilson himself. he has defended the process and the result. but many are asking, is he the reason officer darren wilson was cleared? we have cnn's ana cabrera joining us, what do we know? >> prosecutor bob mccullough has been at center of the controversy from the beginning, his father, who was a police officer, killed in the line of duty was shot by an african-american man. and that's one reason some protesters thought there should be a special prosecutor appointed in this case. for fear of bias.

he insisted all along he would be fair. now that a decision has been made by the grand jury there are still many questioning whether his office did the right thing. st. louis county prosecutor bob mccullough under fire. >> we're still hurting, it's basically i feel like they just killed him again. >> facing fresh criticism for his handling of the michael brown shooting case and his announcement of the grand jury decision after dark. tension that had been building for hours erupting into chaos. causing some to question the timing. >> waiting for the announcement last night was wondering what the wisdom or the thought process was behind waiting until that hour. i don't know that it would have been any better, i think ultimately those who wished to create disruption were bent on doing that. >> others left wondering about the grand jury process. >> he said that there was a problem with the evidence conflicting testimony. that's up to a jury in a regular

criminal proceeding to decide the credibility of the witnesses. >> mccullough admits the case was handled differently than others, including remaining neutral and calling every single witness to testify. even officer darren wilson. >> in this case, we thought, i thought much more important to bring in the actual witness. >> mccullough defended himself in our interview on september 24th. he hoped releasing testimony and evidence to the public also unusual, would ultimately prove that his team was fair. and mccullough didn't shy away from discussing how the media may have made his job harder. >> the most significant challenge encountered in this investigation has been the 24-hour news cycle and its insatiable appetite for something, for anything to talk about. >> even as facts continue to come out and people hear the complete story for the first time, many members of this community still lack trust and confidence in a system that's supposed to insure justice for all. >> you got a whole bunch of young people feel like the system don't work for them.

why should they obey a system that don't work for them? why? >> mccullough declined an interview with us yesterday. but his executive assistant did put out a statement that essentially addressed the timing of that announcement, saying that they needed some time to try to coordinate with law enforcement, with the schools, with businesses at least in an effort to put plans in place to keep people safe. chris? >> they've got a lot on their hands. but what the prosecutor did, his decision not to charge himself, to go to the grand jury and how he used that tool of a grand jury, certainly going to be ripe for criticism for some time to come. ana ca ana cabrera. thank you very much. here to discuss more about robert mccullough are hln legal analyst and criminal defense attorney, joey jackson and cnn legal analyst, criminal defense attorney and former defense attorney paul callan. many in the community feel that robert mccullough was never impartial. they feel in fact he tainted the process. he has long family ties with the

police, they think he always sides with the police, joey, should he have appointed a special prosecutor? >> i do believe that. here's why, alisyn. not with standing the fact you can talk about the incidents that happened with his father -- >> his father was a police officer and was killed by a suspect. >> absolutely. can you talk about bias, but there's a more fundamental reason why i think he should have appointed a special prosecutor. at least not handled it himself. and here's why. you rely upon the police every day, alisyn when you're a prosecutor. you depend upon them. you give them your support. your resources, they give those resources back to you. it's significant, because that's how the process works, if i'm a prosecutor, in order to build cases and in order to be successful, i need you. if i work with you every day, alisyn and i believe new and i trust new and now i'm switching to the role of investigating you, how is that possible? how could that potentially be objective? and for that very reason, there's an error and flaw in the process, when it involves a police officer, you leave no

stone unturned, but you leave it to someone who can do it an engender the trust and the respect of the community. think in this instance that could have been very helpful. >> you could not disagree more, paul? >> here's why i disagree. joey jackson and i do a lot of commentary here at the network, i have great respect for him. a lot of things he doesn't place a lot of emphasis on, he's a very respected former new york prosecutor himself. i'm a former in prosecutor. he, joey jackson, close ties to law enforcement. but if joey jackson were the person investigating this case, i wouldn't say let's disqualify him because he's worked with the cops closely in the past. i would say -- you know something, he's a guy with integrity, i'll trust his investigation. now let's turn this to what happened in st. louis. >> you can see where the optics it for some are troubling. >> optics is a word that gets used, it's legitimate. there are two things that have to happen in a good criminal investigation. i and joey disagree on this. i think the grand jury reached

the right result on the facts of this case. but you have to have public confidence in the result. because if the public thinks even mistakenly it's unfair, then the system doesn't work. >> that is what the public thinks, that is what the public thinks. >> the public did not have faith in mccullough because of his father having been killed by an african-american, his father was a cop. it's an old incident, a lot of prosecutors have law enforcement ties. but maybe because of the level of public distrust, we should have had a special prosecutor. i don't disagree that it's, it should have been seriously considered. >> joey, can the prosecutor's attitude and mindset color the attitude of the grand jury? >> 100%. and here's why that was particularly relevant here. you had the district attorney go into that grand jury, that had been considering multiple cases for weeks, alisyn and then say to them, well this case is somehow different. we're going to follow a different protocol here. when you have cases that you've handled with that grand jury, and they see you're handling a

case differently, what message does that send? in addition to that, alisyn, what i would like to know is in the other cases, how many potential defendants testify and how were they treated? now when i say that, what happens is when you testify in a grand jury, paul, you present a lot of cases to the grand jury. and went in with defendants in grand juries, a prosecutor eats them up. i've questioned defendants in the grand jury. you're talking about injuries, sir. let me show the grand jury the injuries, are you talking about that scratch to your face? is that what you're saying is so injurious to you, that's whatten harmed you? you press them. and it sends the signal that you're questioning what they're saying and the conflicts in which they're saying it. >> paul, here's a point, if you read this through, the questioning of officer wilson from the prosecution, is a very different feel. some will even say there were softballs thrown at him while the questions of the others was much more intense. >> let me talk about that, there are so many misconceptions about

this case. number one, a lot of people commenting on this case have never entered a grand jury room. joey jackson has and i have because we're former prosecutors. unless you're a prosecutor, you've never been in a grand jury room unless you're a grand juror. a lot of people talking about this don't know what they're talking about. i disagree with joey in his analysis of the cross-examination, only because of this. when a case is presented to a grand jury, a prosecutor as he's listening to witness testimony, his job really is to try to determine what's truthful and what's not. what's right and what's just. now, let's say hypothetically because of the investigation, the prosecutor started to conclude that maybe wilson was telling the truth. is he supposed to beat wilson up and try to make him look bad if wilson is telling the truth? no, he's not, that's not how cross-examination works. you're cross-examining somebody you think may be inaccurate in their testimony. you don't aggressively

cross-examine somebody you think is truthful. >> that's a determination for the jurors, as the prosecutor, i don't unilaterally who i trust and who i believe and who i don't. that's up to people who evaluate that. >> so you're trying to make truthful witnesses look bad? >> not look bad, all i'm trying to do is get at the truth. if you answer my question and you answer it reliably, credibly, i'm good. i think the questions need to be posed. just like journalists push back on people you're presented with. >> we're going to have to leave it there. >> the questions were asked in the zbrur grur. we can disagree about tone -- >> grand jury. >> did he have a stun gun. >> i'm going to have to let you continue this debate in the green room. >> a web exclusive. >> thanks, guys. racial tensions are at a boiling point. not only in ferguson, but across the country. what's next for black americans? how does the country bridge the racial divides? we dig deeper on that subject ahead. [ male announcer ] are you so stuffed up, you feel like you're underwater?

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sweater... extra sweater... headphones, sleeping mask... oh, and this is the xfinity tv app. he can watch his dvr'd shows from where ever he wants. hey. have fun, make some friends. alright. did i mention his neck pillow? (sniffs pillow) watch your personal dvr library where ever you go. with the x1 entertainment operating system. good to have you back on "new day," more on the top story, the situation in ferguson in a moment. want to give you a look at other headlines. a nasty storm ready to sock the east coast, turning our thanksgiving travel into quite a mess. the storm is expected to dump a dangerous mix of snow and rain on the busiest travel day of the year. airlines have already scrapped hundreds of flights.

many of them at new york's laguardia and jfk airports, aaa is projecting more than 40 million drivers and three and a half million flyers for the thanksgiving day holiday. president obama's short list to replace chuck hagel just got shorter. cnn has learned that michelle flornoy told the president not to consider her. shoo served as a senior pentagon official during president obama's first term and was considered for the top job in 2012 before hagen was chosen. democrats are fighting back at new york senator chuck schumer after he said it was a mistake for president obama to pass obamacare. well as you can imagine, fellow democrats didn't take kindly to the comment. house minority leader nancy pelosi said we come here to do a job, not keep a job. michaela listen to this, two would-be thiefs are in custody

after attempting to rob of landmark cartier store in paris. police foiled the heist as the pair tried to escape the store. officials say the thieves exchanged fire with police and tried to flee, they took a hostage but eventually surrendered after a nearly two-hour standoff. >> somebody has been watching those "oceans" films a little too closely. i think what, the cojones it takes to pull off something like that. >> i understand the temptation, not the robbery part of it, but walking by the cartier and thinking, come to momma. >> i'm learning things about her today, my goodness. protests in ferguson and across the nation. highlighting a racial divide in america. where do black american goes from here? this is the conversation we're going to have. we'll take a closer look ahead.

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welcome back, you're watching "new day," anger, desperation, deep questions of whether their issues will be addressed are very present here. last night, more face-offs, more destruction, more arrests, 44 we're told.

what is felt here is not unique. we see it in much bigger protests in major cities across the country. so what will bring progress here? something positive here? and who's going to make it happen? joining us is cnn political commentator charles blaugh. let's start with the general proposition of what this is about here in ferguson and across the country. let's go one at a time to creating an environment where it's not necessary to take to the street, but something else is going on. what will that take and what is that something else? >> i mean it's a big question, right? because i mean in a way, this is about this particular case. and whether or not justice has been meted out fairly in this particular case. but it's also a bigger question about faith. and faith in the system and whether or not a system that was, was originally designed not to even recognize

african-americans and then was used for you know, generations to subjugate african-americans has still inequalities built into it in its treatment of african-americans can kind of gain the faith of african-americans that it will treat people fairly. that, that everyone who takes a black life will be treated in the same way. and i think that that issue of faith is the real issue at hand. and what you're seeing on the street in ferguson, and across this country is people, a lot of pain that is not necessarily just present pain, but generational pain. that is spilling out into the streets. and people are going to have to have a moment to exhale. sometimes you know just, things become a focal point. sometimes the focal points

become breaking points. i'm not even necessarily saying we should move quickly past that. i think we should definitely not have violence. but that doesn't mean you have to be passive. and i think the people need to have their moment. >> charles, this case, i've been doing a lot of thinking about the case and whether this was the right case for a test of the reality of the world. yes, you lost a life and that is always a tragic outcome and yes it involved a police officer and a black youth and that's always a sore point because it seems like it happens way too much. but if there had been an indictment, most legal minds will tell you this would have been a very difficult case to get a conviction on. the prosecutor's office here says that was somewhat at the root of its reluctance moving forward. they're not saying it on the record. they're not saying it outwardly, but they're saying it when you talk to them in private that that made it difficult. what would have happened then, charles. if they got the indictment. it goes to trial and he's acquitted. would that have made it even worse?

>> but here's the bigger point, chris, we have to stop searching for perfect victims and the kind of prototypical villains, right? this idea that we have to always have the -- this idea of even, of believing who we believe and whether or not somebody feels fear, a lot of these cases are built on whether or not a person has a reasonable fear. and we have to understand that bias, whether implicit or not, creeps into the whole construct of whether or not someone is afraid of me or not afraid of me. and whether or not a jury believes that someone should be afraid of me or not afraid of me and whether or not, whatever i have done determines that dictates whether or not someone should take my life in the street rather than take me in. these are just big fundamental questions about bias and whether or not, how much bias exists throughout the system. >> right. >> i hear you and a lot of

attention has been given to the fact that darren wilson said in his testimony before the grand jury that this neighborhood canfield is not a well-liked place and maybe that played into what he saw as reasonable fear being accepted by the grand jury. >> one of the interesting aspects will be on the basis of your complexion, there's this big well black people need to get their act together. black people need to stop crime in their communities, white cops won't have to go in there and police their communities. we heard it from an esteemed leader like rudy giuliani. how much of it is a white problem as well. unity is the coming together of two different people. what is the role here of white and black? >> i think the role, well as a white person it's hard for me to counsel black folks on what to do. i think it would be largely inappropriate. when my own group, white folks, have so much blindness around racism in the system. as charles said both historically and

contemporaneously. we need to step back from the anger and frustration a lot of white folks feel and we look and see what we consider to be irrational violence in the streets. for most white folks, we don't really have a long understanding of the history of how law enforcement has been used in black and brown communities. and if you don't have that appreciation, you don't have that historical memory. things like this seem irrational to you. they seem to be irrational to mistrust police. in our communities, the police are the folks who get the cat out of the tree. come and help you, officer friendly, barney fife in andy griffith. not of us who are white need to study and learn and listen. it makes me physically ill to know, who i do know, charles blow, one of his children a few years back, he has to have a conversation with his son about how to dress, how to talk, how to walk, how to act in the world that i would never have to have with a son of mine. and he has to do that no matter who his daddy, is, no matter the

fact that his son went to one of the finest high schools and i assume has graduated in there, in the entire country. he still has to have that conversation. as long as that is true and as long as those of us who are white can walk through this world, walk through the streets, never fearing that we're going to be the sum total of other people's anxiety, there's a problem in this country that we have to be honest about and have to confront. >> i think that what makes it an intractable problem in some respects is that these issues are not new. th they have existed as charles said for generations and as you said, tim, there's some things that people are almost willfully blind. is a case like this, a situation like this, a flash-point that allows people to look beyond what they accept as reality. to a different reality. tim white charles blow thank you for having this conversation with us on "new day." it's important for to us hear what you think.

tweet us or go to facebook.com/newday. now, we've heard from witnesses. to the michael brown shooting. we have. and now we've also heard from officer wilson himself. we have the forensic evidence as well that the grand jury was presented with. and must have thought matched the officer's account because they chose not to indict. we'll tell you what the evidence is and test it for you. coming up.

big day? ah, the usual. moved some new cars. hauled a bunch of steel. kept the supermarket shelves stocked. made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much. just keeping the lights on. (laugh) nice. doing the big things that move an economy. see you tomorrow, mac. see you tomorrow, sam. just another day at norfolk southern.

the protests in ferguson, missouri, were calmer last nye than monday, but still more destructive than officials had hope. a police car was set on fire and the crowd itself was still enflamed and shot that after looking at all the evidence, no chargesy filed against darren wilson. what forensic evidence did the grand jury see? joining us is lawrence ckoblinsy a forensic scientist. you've poured through much of the evidence that the grand jury looked at. what jumps out at you? >> what jumps out at me is this is a forensic case, yes, there are eye witness testimony, and there's peripheral information, but primarily this is a forensic science case.

>> whether the evidence corroborates a witness is very significant. if it negate as witness, that's significant. there's are witnesses for example that have stated that michael brown was shot in the back. all three autopsy reports are in agreement that that did not happen. so you know, that affects the credibility of an eye witness. >> yes, were you talking about the fact that these conflicting testimonies really put the onus on the forensics. why don't we look at some of these documents. because i know like you said you've looked at some of these things. i'm curious first of all, what are some of the things that jumped out at you? see it from a forensic science point of view. >> looking at the autopsy report, it's clear to me that the first shot hit michael brown in the right hand. the palm and the thumb. >> when they were wrestling at the car. >> that's right. there's gunshot residue in the tissue of that wound. which tells me that the hand was very close to the gun when it

went off. the fact is, is that there's dna and blood on the gun. there's, there's dna and blood on the clothing of the police officer. there's dna and blood within the passenger component and the driver's portion of the inside of the vehicle. as well as the outer, the door of the vehicle. it's all consistent with the scenario that police officer wilson has provided us. that michael brown pushed him into the car, that he had contact with the vehicle, that there was a struggle for the gun. it is all consistent with the evidence. >> okay, the biggest point of inconsistency among the witnesses and officer wilson was what happened when michael brown turned around, were his hands up in surrender or was he charging? and here is what officer wilson sat down for his first interview last night. here is what he said about the moment before he fired the fatal shot. listen to this.

>> his right hand immediately goes into his waistband. and his left hand is a fist at his side and he starts charging me. my initial thought was, is there a weapon in there? is there a knife is there a brick? what's in there? why is your hand going there? at that time i gave myself another mental check, can i shoot this guy? legally, can i? and the question i answered myself was --vy to. if i don't, he will kill me if he gets to me. >> is there any forensic evidence to support whether or not his hands were up or whether or not he was charging? >> well first of all, with respect to the autopsy report, it's very difficult to say whether the hands were up or down. some shots clearly were, did not hit him with the hands up. that was clearly the shot to the forearm, which had an entrance wound on the back or the dorsal surface of the forearm, the upper arm wound is not so clear, what is clear to support police officer wilson's statement is that there was michael brown's

blood on the ground about 35 feet east of the body. so at one point, they were separated by about 30, 35 feet. now there's also a trail of blood toward the police officer. and the shell casings that were fired that were ejected from the sig sauer semiautomatic were about eight to ten feet away from the body of michael brown. so it's very consistent with michael brown moving toward the police officer. >> but again, we don't know if that was a charging or if he stumbled? because the forensic evidence doesn't necessarily speak to that, does it? >> it does not clarify whether it was charging or moving or walking toward him. it's very difficult, because things are happening very rapidly. but it is clear that he reached that point, 35 feet away and then moved toward the police officer. >> as i'm sitting here listening to you. one thing that really occurred to me is that the grand jury are

made up of everyday citizens. they're presented with all of this forensic information. and they have to, they looked at those blood spatters, they looked at the same evidence, and even more, reams and reams of it. they have to use their best judgment in making a decision and understanding. they're not forensic scientists. >> that's true, but when science is incorporated into a case, they pay attention, because it's credible. they can trust it you're looking at the evidence and looking at what people are saying. can you believe this witness or that witness? some witnesses were just completely excluded based upon the scientific evidence. police officer wilson's story remains solid, based upon what we know of the ballistics and the dna work of the blood spatter pattern and all the other physical evidence in the case. >> it's so good to get your perspective after looking at all the evidence that you believe the grand jury did the right decision. >> i do. >> lawrence kobilinsky, thank you so much for joining us. there's so much news to get to

this morning. let's get to it. the reason i'm happy, i know i did my job right. >> a single act of violence set this tragic set of consequences into motion. >> we're looking at another police cruiser being torched. >> torching cars, destroying property, burning buildings, those are criminal acts. >> anger over the grand jury's decision spreads across the country. >> black lives matter! >> do we want a revolution! >> can you peacefully protest and still open your mouth. >> good morning, it is wednesday, november 26th, welcome to our viewers in the united states and around the world. you are watching "new day." i'm chris cuomo near ferguson, missouri. much of what happened overnight here was not pretty. but the scene was not as bad as what we saw the night before. still, the reasons for the

outrage seem to be growing and the question is what will make a difference here to finally bring some peace. alisyn? >> great to have you out there with us, i'm alisyn camerota with michaela pereira in new york city, we're monitoring developments across the country as we hear from officer darren wilson for the very first time. we'll have more on that in a moment. for now back to chris who is in ferguson with more on the overnight developments. what happened, chris? >> officer wilson's account looms large here. certainly fuelled some of the emotions for those who took to the streets. we're told 44 arrests overnight. now more than 100 in day two. two days, actually. another police cruiser was torched, city hall vandalized, another night of a city divided. take a look. more police in riot gear. more national guard out in the open. but still, more attempts to tear ferguson apart. >> hands up, don't shoot!

>> a police car set ablaze by a small group of agitators. >> anyone seen throwing anything will be subject to arrest. >> police using more aggressive tactics, making arrests sooner. >> there's the arrest. >> tear gas necessary again. hanging in the air. as the scent of the moment. >> there are those that are stuck on violence that embed themselves with the peaceful protesters. >> all who hit the streets are outraged. what fuels their continued disobedience is obvious. president obama says it's not just made up. that communities of color don't always believe they're being treated fairly. >> it's rooted in realities. that have existed in this country for a long time. >> then came the next flash point -- officer wilson saying the incident had nothing to do with race. in an abc news exclusive. >> if michael brown were white, this would have gone down the exactly the same way? >> yes. >> no question?

>> no question. >> the officer says on that fateful morning on august 9th, he saw black teenager michael brown and his friend walking in the middle of the street. >> i said hey, come here for a minute. that's when he turned and said what the [ bleep ] are you going to do about it? and slammed my door shut on me. >> wilson said the teen hit him in excess of ten times, causing bruising and there was a tussle over his gun. >> he's going to get this gun away from me. something's going to happen and i'm going to be dead. so i pulled the trigger a third time and it goes off. >> wilson admits brown runs away, but stays it was his duty to give chase. >> my job isn't to just sit and wait. i have to see where this guy goes. >> perhaps the most important point, the officer says brown turned and charged toward him. >> some of the eye witnesses have said, when that at that moment he turned around, he turned around and put his hands up. >> that would be incorrect. >> no way? >> no way. >> dorian johnson, brown's friend and witness to shooting says he knows exactly what he saw. >> i definitely saw my friend stop and put his hands up.

being compliant after being fired upon after already been strucken with a bullet wound from officer darren wilson's gun. >> wilson says there was not anything he could have done differently to prevent killing the 18-year-old. >> he kind of starts leaning forward like he's going to tackle me. i looked down the barrel of my gun and i fired what i saw was his head and that's where it went. >> after the verdict -- brown's parents say they're profoundly disappointed. >> i feel like they just killed him again. >> the officer's response -- >> i think those are grieving parents, mourning the loss of their son. i'm sorry their son lost his life. it wasn't the intention of that day. it's what occurred that day. >> something you think that will always haunt you? >> i don't think it's a haunting. it's always going to be something that happened. >> the officer's response, offers small consolation. demonstrations are spreading now well beyond ferguson. thousands of people in new york, l.a., chicago, washington,

boston, baltimore, and so many more cities, making their presence known as their voices heard again overnight. let's bring in stephanie elam who has been in ferguson all night. what we saw in ferguson, a little bit of a step towards less intensity, around the rest of the country seem to be ramping up. stef? >> exactly, chris, what we saw here is showing that what happened here in small-town ferguson may have been about mike brown. but it's ripple effect is going throughout the country. >> sirens ring out in ferguson, missouri. demonstrators facing off with police for the second night in a row. tensions coming to a boil, as protesters overturn and set fire to a police cruiser after a day of relatively peaceful protests. police and national guard responding with a heavier hand than the night before. arresting 44 protesters.

using hoses and pepper spray to disburse the crowd. >> we will get justice by any means necessary! >> this assing an ever other the grand jury's decision spreads across the country. >> what do we want? >> justice! >> demonstrators flooding the streets yesterday in about 170 cities nationwide. blocking bridges, tunnels, and major highways from coast to coast. thousands of protesters snaked their way through the streets of new york city, jamming traffic, holding signs and chanting loudly. >> no justice, no peace! >> across the country, in downtown los angeles, protesters rally flocking down fences and blocking the 101 freeway with road blocks and debris. in oakland, protests took a more violent turning, news helicopters capturing footage of vandals smashing businesses, looting local businesses and lighting bonfires. in minneapolis, a moment of rage as a car plows through a group

of demonstrators returning over protester's leg. >> he was hompging and getting mad that people wouldn't move. he plowed through. >> according to authorities, the woman was taken to the hospital and is being treated for very minor injuries. the incident currently under investigation. in cincinnati, 15 demonstrators arrested after scaling concrete barriers and briefly shutting down interstate 75. denver police also responding to protesters trying to move on to their interstate. using smoke bombs and pepper spray to deter the demonstrators. >> said mace, pull out the mace, mace everybody. >> from atlanta to boston, the nation's capital, protesters taking to the streets, and making their voices heard. as authorities attempt to contain a growing sense of outrage across the country. and back here in ferguson, chris, 44 people arrested last night during the protests and demonstrations, i got to tell you, standing out here and waf

watching the end of the night, it was an easier, calmer transition as the protesters clear the way and the streets open back up. chris? >> all right stef, stay as warm as you can. we'll check in with you later on. appreciate the reporting as always. we're joined by officer darren wilson's attorneys, james howie and neil bruntrager, the general counsel for the police lawyers association. let's go through the high points of what what's going on here. going into the grand jury, we know there was confidence on your end that there would not be an indictment. help us understand why. you both know you were a prosecutor before. you're very comfortable with the system. it's such a low bar. you're putting your person in there, we know officers often go before a grand jury in these situations, you know he's supposed to be completely attacked by prosecutors. why the confidence? let's start with you, jim, that there would be no indictment? >> i think because darren told his version of the events on

august 9 and august 10th before any of the information was out there from any other witness. so he has maintained that version of what happened with him that morning. with michael brown. and when you have the confidence that you know you did everything you possibly could. to do your job correctly, you have that confidence going forward. >> part of your answer goes to the speculation that he waited until he knew what was out there before he told his story. you're saying that's not true? >> absolutely incorrect. >> so now, you were a prosecutor. you know what happens. when i read the testimony and others do, it does not look like the prosecutor's office went after darren wilson's story. now some say, well that's because maybe they believed him in my experience, it doesn't matter when they believe a witness or not, they go after him. do you believe there was an unusual acceptance of darren wilson's story in this grand jury? >> no, if you look at all the transcripts and interviews, i think they handled exactly the same way thaes did with everybody else. a constant treatment. there were a lot of instances

where they could have drilled down on a lot of witnesses. and i think basically they let people tell their story. >> even that neil, is somewhat unusual in a grand jury. do you think that there is a fair measure of criticism here. look, your guy got cleared, that part of it is over for you. that the prosecutor's office was a little hands-off with the grand jury? >> no, i can't say that, chris. >> why not? >> they put everything in front of the grand jury. i can't condemn someone for giving too much information. they did everything, chris. >> is that how you did grand juries, neil? >> yeah, i had a term in the grand jury, that's what i did. we tried to get as much information in front of a grand jury as we could but we were efficient in how we did that. this is an unusual case. so not every case are you going to do this not every case you need to do this. but this isn't every case, chris. >> this was a seasoned grand jury. >> what does that mean? >> they were coming towards the end of their term. so they had heard many, many cases. they're in a position where they

can evaluate how they're being treated with this specific case. and grand jurors have the ability to ask any question they choose to ask. >> you think the prosecutor wanted to make this case? do you think they were acting in a way like we want this case? like they usually do? >> no, but i don't think they were doing the opposite, either. i think they were in a very difficult spot. let me say it this way, there are two ways you could have gone here. one was to a preliminary hearing, which would have been impossible. >> why? >> because it would have taken weeks in order to present this to a judge for a decision. >> it would have been open. >> it would have been. but then you only have one person making this decision. and you as the prosecutor would have had to file a complaint. so someone would have had to come in and averr and swear that these believe these facts to be true. so you start with a complaint. if they don't believe that, that's a problem to start with and you and i both know that we take oaths as lawyers, as a prosecutor you take an oath. i can't sign and averrment, i can't put my signature, if i don't believe it. >> when you have obvious dispute

about what happened, okay, unless everyone who says this guy didn't charge, didn't have his hands up, didn't need to be shot, is incredible, you have two versions of what happened. that's enough for probable cause. >> now you're saying if one person says i've got conflict, it must be this. you had 12 people in that room. nine of them had to agree to true bill. you presented this evidence to 12 people, drawn from the community at large. how do we condemn that? we have to say look, that makes good sense, now it's unusual, but what's usual about this case? >> well, unfortunately, it's a little too usual. we see situations where cops get on the wrong side of who they're dealing with and it winds up being outcry too often. that's a big reason we're seeing the outcry about this, it's not just about darren wilson and michael brown, it's what they represent. to your last point, nobody's faulting the grand jurors. the story itself. we see the pictures, he does not

look badly injured. he feares if he took one more blow, he may pass out or die. that was his reasonable belief. somebody you would expect to be tested, no? >> well here, we've talked about this already. you've been hit in the face, i've been hit in the face, you know what it feels like. this is a police officer sitting in his police car. and he's being attacked by michael brown. i don't know that you can second-guess how hard he was hit or how he felt about that. >> if you look at his face? that's all i'm saying. >> you're looking at the face a couple of hours after the incident. the next day it looks very different. the injuries are what the injuries are his testimony was that he hit his hard enough that he thought he might lose consciousness. here's the other thing, don't overlook the claustrophobia of that car and don't overlook the struggle on that weapon. it's a package and it's happen sog quickly. the blows to the face, the grabbing of the weapon. all that is happening in a very, very narrow spot. >> he said, i'm had to do my duty, which involved getting out and chasing the let's call him

the assailant at that point. >> simply it's not for an arrest purpose. it's just to keep eyes on him. he's been on his radio, he asked for back-up, which he anticipates will there be in 30 to 40 seconds. >> did he say he never shot until the kid turned and started running towards him. we must have talked to ten people who said he exited that vehicle firing, soon thereafter. maybe he didn't hit him. but he was firing. the forensic shows that he didn't fire except for the bullets when he was coming back toward him. >> right. they did. >> you have to look at a number of things, you have to look at shell casings, there's all sorts of things that support that argument in terms of how it happened and what happened. so again, look at when you're firing a weapon, obviously you're moving an those will bounce. but there are cones on the ground that show where the shell casings were, which support his argument he was standing in one place. >> and the blood trail shows how far he went out and he was coming back towards the officer. >> you get to the big question about whether or not he was charging and where wilson's head was in terms of what he thought was a reasonable fear in that community. those are also things that are

going to remain in dispute. the reason i'm asking you the question this way is not because i want to put officer wilson on trial. it's that the validity of the story of the account is only as good as it's standing up to scrutiny. and that's something if you could have seen darren wilson tested, going through it point by point. it doesn't have to be belligerent. but it has to be believable. and that's something i think is still missing here. >> and you and i both know, chris, when you look at a witness's statement, you look at the times they make the statement. you look at how many times they make the statement. you overlay the statements and look for consistencies and inconsistencies, right? and in this instance, he was tested on the 9th, the day of the shooting he was interviewed. they took notes, the 10th, they recorded that interview. that's available online. he spoke to the feds, he went and spoke to the grand jury, every time they've asked him to come forward, he's come forward. and every time he has said exactly the same thing. and that's because it's the truth. and he was tested. when he was interviewed by the feds, let me tell you, you've been there, you know what that's

like. that wasn't a pleasant conversation. that wasn't hey, darren, how are you today? >> and it stood up and the grand jury agreed. >> absolutely. >> that's the end to the day for that part of the process. not the end for the people who heard the decision. jim, neil, it will be a tough day for a lot of folks, but hopefully you remember your blessings. >> appreciate it. >> back to you, alisyn and mick. we have another top story to tell everyone about. there's a monster storm ready to belt the east coast just as millions of people gear up for thanksgiving and the busiest travel day of the year. 40 million travelers are expected to hit the road, almost four million are going to get on airplanes, what can they expect? let's get out to meteorologist indra petersons. >> a mess, i'm betting. >> she's smiling. which is a good sign. how is it looking, indra? >> i'm going to continue to smile as long as i look behind me and i see that the board says on time, on time. arrived. this is the story for now. we know this is going to be changing. and quickly.

it's not only a race against the clock, hour by hour, because right now it is raining in towards the northeast. but that is going to be switching as the temperatures expected to cool by the hour. just a few hours away. this is all going to change. 30 million people today in the northeast have winter weather advisories. so we know, everything is going to be switching. let's talk about who's going to be affected. major airport hubs, d.c., new york city. philly, boston, all of these hubs today are going to be seeing that rain quickly shift over to snow in just a few hours. as far as the timing, okay if you're out towards new york city, like a couple of hours expected to see the temperatures drop into the 30s. about 10 or 11:00 a.m. if you're farther north, you have a couple more hours, maybe about 1:00 p.m. before we start to get more of the wintry mix. throughout the day the temperatures will cool even further. that's what it looks like, best chances first half of the day for air travel if you're hitting the roads, it's all about i-95, east of it most likely going to be seeing rain. west of it, heavy amounts of snowfall, i mean over a foot of

snow can be seen out there. so this is going to be tricky. it will take a lot of people on the road, off-guard, they'll be driving in rain and quickly it's all going to change. everything looks pretty bad in the northeast. but at least it kicks out of here by tom. so the thanksgiving day parade looks good. but it feels like deja vu from last year. standing in an airport talking about delays, here we go again, guys. >> at least it's short-lived, thanks so much for alerting us. >> as long as you can get to your destination. >> and get stuck, that's good. >> we can't speak to the drama of the family table, that's another story. ahead, officer darren wilson has broke his silence, does his story add up? we'll break down his account of what he says happened when he shot and killed michael brown. when heartburn comes creeping up on you... fight back with relief so smooth... ...it's fast. tums smoothies starts dissolving the instant it touches your tongue ...and neutralizes stomach acid at the source. ♪ tum, tum tum tum...

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you never even shot your gun before and now a man is dead. >> uh-huh. >> after the supervisor got there, i gave him the brief rundown of what had happened. >> what did you tell him shall. >> i toll him i had to shoot somebody. and he asked me why, he i i said i degree be might gun and he had charged me and he was going to kill me. >> so you killed him first? >> yes. >> breaking his silence, police officer darren wilson said he was just doing his job when he shot and killed michael brown. does his story add up? joining us to discuss it are hln legal analyst joey jackson and

private investigator and former police officer, vincent hill, gentlemen, great to have you here. the interview with darren wilson was fascinating, the first time we hear him in his own words, own voice. he was asked by george stephanopoulos, what he could have done differently that day to change the chain of events that led to the tragic killing. here's his answer. >> if he would have gotten on the sidewalk, when and followed dorian johnson to the sidewalk, i probably never would have noticed the cigars, i would have continued my day, he would have continued his. >> joey, it's hypothetical, he isn't talking about what he could have done differently. if he said if michael brown would have just moved to the sidewalk, maybe they would have never happened. >> he is, a couple of things to keep in mind, he's an interested witness as a matter of law. it means you're doctored in the outcome of the case. therefore, obviously you look at his story through skepticism.

when i say is, that's what the concern is concerning cross-examination, you want to press the story, ask questions about the injuries, the extent of the injuries, the nature. how did it have you fear for your life? why did you take the steps you did? under what circumstances? he has to prove two things -- he was in imminent fear for his life and he acted reasonably under the circumstances. that's what his narrative is doing. there's a federal investigation ongoing, and that's significant. so he certainly has to stay to that narrative. >> vincent, what's the practicality of that as a police officer you also know the realities of calling someone over, smaking a stop. you can't, you probably at any given time, as an officer, have situations arise every second that you can let somebody keep walking or you pull them over. >> right. and one thing you have to remember, is officers have a split second to make a decision that could affect not only their lives, but the lives of someone else. and you know, i'm not there to

take, not here to take sides for officer wilson. but like joe issie said did he believe he was in imminent danger of his life. that's the million-dollar question. >> here's the thing, joey. if feels as though something escalated. somebody was spoiling for a fight that day. darren wilson says he believes from the jump, michael brown was spoiling for a fight. he was pushing the car back. he was punching him. but the witnesses say that it was darren wilson who was being aggre aggressive. in that situation, how does a police officer deescalate it? let us play for you what darren wilson said about how it was his duty to then chase michael brown, he says. >> my job isn't to just sit and wait, you know i have to see where this guy goes. my goal wasn't to arrest him. my goal was to maintain a visual on him. >> you felt it was your duty to give chase? >> yes, it was, that's what we're trained to do. >> joey, hold on, is it his duty to give chase? or could he have done something

different? >> i think if he believes there was a crime that was being committed or something to that nature -- >> he was punched so after he was punched, is it his duty to give chase? >> right, i would say yes. but you know, again, you know he could call for back-up. there ra are a few things he could have done prior to. >> he did call for back-up. >> right, right. again maybe he could have given chase. again you have to look at you know, did he believe he was in imminent danger, based on sides, based on the surroundings. he probably took it into account. >> let's speak to that for a second, vincent. that's a real thing that a lot of people are struggling with. i believe it's a fair point. officer wilson, 6'4", 210, michael brown, 18 years old, near 300 pounds, 6'4" as well. but the officer is in a position of power. he has a gun at that point he didn't know if the officer was, or that the young man was armed or not. but this notion of fear, he talks about michael brown coming at him, like he was a demon.

he's afraid for his life, officer wilson says. the training we are told about from an officer is that you are trained to not see that fear. help us understand that, you're real people, you feel fear, but your training is supposed to sort of kick in and usurp all of that. >> like i said, michaela, police are real people. when you're facing someone that outweighs you by 100 pounds, i think all the training in the world would go out the window at that point and the actual fear would kick in. you know, certain officers handle certain situations a lot differently. me in that situation, can't honestly say what i would do. i would have probably used less than lethal force given the opportunity. but we have to look at what officer wilson felt was his level. >> joey let me play for you the one question dilsen was asked the entire community wanted to hear and that is whether or not he feels any remorse. >> do you feel any remorse?

>> everyone feels remorse when a life is lost. like i told you before, i never wanted to take anybody's life. that's not the good part of the job. that's the bad part of the job. so yes, there is remorse. >> he says he wouldn't have done anything differently that day, but yes, there is remorse. >> the reality is that what people wanted to see, alisyn, they wanted to see his story tested. to the extent you have a grand jury, remember what the standard is, very low. i think the community as a result of that wanted to see that aired in a court of law where you have an adversarial process. that adversarial process means you answer my question. in a grand jury remember this the questions are asked in a grand jury, but, you don't get the same scrutiny as you would when there's a defense attorney who is examining everything you're saying. the credibility of what you're saying, the reliability of what you're saying, the justifications for your actions, the lack of justify indications for your actions and after that

had there been potentially an acquittal or something else, that's another matter. not to bring it forward is the concern and the question. >> another question is are there going to be changes to police policy. police procedures going forward. we know mike the brown's parents spoke this morning. michael brown's mother spoke this morning and said she wants changes and reform. a measure of change for other future situations. >> we know there's a 15-member commission that's been appointed by the governor, there will be examining that very issue in terms of protocols and policies and things that need to happen and the federal government also is evaluating ferguson and seeing about the community. any past practices. to see moving forward what can be changed so that things like this could be avoided. >> joey jackson, vincent hill, thank you. even in the face of anger, people in ferguson are hoping the community can overcome the grip of tension. how does the healing process begin? we'll talk to a pastor who has some ideas.

good to have i back with us on you thisday. wyle have more on the protests in just a moment. let's gi you other news today. a man by the name of sinan matid has been killed by a coalition strike in iraq. the highest-ranking casualty in the strikes that killed dozens of isis on tuesday. and two minnesota men with links are facing conspiracy charges for allegedly providing material support to isis. abdullah youssef is in custody. the other man, abdi noor remains at large, it's thought he made his way to syria. a massive storm is gheering

up to slam the east coast. affecting millions with holiday travel plans. it's expected to dump a dangerous mix of snow and rain from north carolina to maine. airlines have already nixed hundreds of flights and delays are expected along i-95. aaa projects more than 40 million people will drive and 3.5 million people will fly. a top contender to lead the pentagon drops out of the running. former secretary of defense, michelle flornoy has dropped out of the consideration, due it family concerns, she had been seen as a possible choice to replace chuck hagel. other candidates include homeland secretary jeh johnson and the number two man at defense, robert work. . an alarming government report finds 30% of mirrens with hiv have the virus in check. according to the cdc, the 2011 figures suggest some 840,000 people are not regularly taking drugs to suppress the virus which puts others at risk of

infection, the report says young people were least likely to have hiv under control. same-sex marriage bans have been overturned in arkansas and mississippi, but both orders are on hold so the states can consider appeals. in arkansas a federal judge ruled in favor of two same-sex couple who is successfully argued the ban was discriminatory and violated the constitution. a federal judge in mississippi issued a similar ruling tuesday writing quote things change, people change, times change. now for the craziest story of your morning -- do you hate air travel? next time you feel like whining about it, think about these unlucky passengers. these passengers at egarka airport in russia had to get off their plane and push it. >> i'm sorry, what? >> they had to push it down the runway, after it got stuck in ice, this was in minus 61 degree temperatures, michaela. the good news is the airline did give them free peanuts. >> that's funny. put a little sand under the

wheel. wedge the cardboard. i have pulled too many vehicles out of snowbanks in my time. >> have you pushed your own plane? >> never. -day not have my own plane. nor have i been asked to pull a plane out of the snow. no more complaints is what you're saying about airline travel. >> i would rather have a cramped seat than have to push the jet down the runway. meanwhile, officer darren wilson is speaking out for the first time since being cleared by a grand jury. he said he had no choice but to shoot michael brown. our legal panel will break his comments down. right now, for practically just your signature, you could drive home for the holidays in a new volkswagen. like the sporty, advanced new jetta and the precisely engineered passat tdi. ah, the gift of clean diesel. for the new volkswagen on your list this year, just about all you need, is a pen. festive, isn't it? hurry into the sign- then-drive event and get a five-hundred- dollar black friday bonus on select new volkswagen models. black friday bonus offer ends december 1st.

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the brown family came out with a statement last night, where they said, we are profoundly disappointed that the killer of our child will not face the consequences of his actions. what do you think when you hear that? >> i think those are grieving parents. who are mourning the loss of their son. again i'm sorry that their son lost his life. it wasn't the intention of that day. >> it sounds like you don't think you were responsible. >> i did my job that day.

>> do you feel any remorse? >> everyone feels remorse when a life is lost. >> that is officer darren wilson a day after learning he had been cleared bay grand jury in the shooting death of michael brown. he says he feared for his life while he was in the car and that there was nothing he could have done differently. the grand jury apparently believed him, as did the prosecutor, let's test why. here to discuss are paul callan, cnn legal analyst, also a criminal defense attorney and former prosecutor, as well jeff are toobin. cnn legal analyst. i got your intro as little messed up. they're too long and i'm triered of all the long intros, jeffrey a former federal prosecutor. paul former prosecutor as well. the perfect guys for this segment. let's begin. let's start with what the outside is here. paul, do you believe that this grand jury went the way grand juries usually do in terms of how they're used by prosecutors? >> well, you know, that's, there's a mixed answer to that question. on the federal side, you know,

jeff, i know has great familiarity with that, grand juries are handled a little bit differently than some of the states, all of the states handle their grand juries differently. in new york, for instance, this case would be presented exactly the same way. new york county, every single cop shooting case, all evidence is presented. a neutral charge is given to the jury and it's left totally up to the grand jury. in some other places it's handled differently. a more streamlined prosecution and cop cases might be handled differently. >> jeffrey, time and time again we hear prosecutors use this as a tool to get what they want. they shape and tone what is offered. if someone is subjecting themselves to a grand jury as a defendant. that they are really hit with heavy questioning and we did not see that here. that's the criticism. do you agree? >> yes-day agree with that criticism. i do think it was a very unusual process, especially for

missouri. it looked like special consideration was given to officer wilson as opposed to other homicide suspects. that doesn't mean that the ultimate results of the process was wrong. i think based on the evidence i've seen that the result was defensible. but i do think this process was not appropriate under the circumstances. and contributed it to the outraged reaction. >> i disagree with jeff. i disagree strongly with jeff on that i think the prosecutor selected a very, very good way to handle this. because what he essentially said was, i'm going to give all of the evidence to the grand jury. and i'm going to remain totally neutral in my presentation and let them decide. and we know of course going back, looking at the evidence now, that the evidence that had the most problems, i.e. that didn't have corroboration with the physical evidence, were a lot of the versions that the brown family was most supportive of. and a lot of prosecutors would

have looked at that and said, i'm not even going to put it in front of the grand jury because i can't support it with the physical evidence. instead bending over backwards to be fair to the browns, he said i'm going to give it all to the grand jury. if they decide to accept that testimony, so be it. so what could be fairer than giving all evidence to the grand jury. >> so you're saying that the prosecutor didn't feel strongly enough to charge, but ethically, he felt it was okay. to go ahead and give it to a grand jury anyway, but just kind of stay hands off? >> and -- give it all to the grand jury? >> well for example, here in new york, i know robert morgenthal, one of the longest-sitting d.a.s in the nation, we tell the cop to strap a gun on and be our protector and if he kills somebody and he is charged with possibly having abused his authority, then the citizens of a new york county should be making the decision as to whether he's charged or not

charged. it's law enforcement shouldn't be involved, the d.a. shouldn't be involved. i kind of think that's a good idea. >> but the d.a. is involved. >> in the end he's involved. >> jeffrey, let me ask you this, you say the outcome was defensible. the grand jury was treated somewhat like a trial jury, it seems, they were given all of it. you decide whether or not there's something here that needs to be punished. essentially that's what it feels like. you don't think there was probable cause here for all the talk about forensic evidence, that you had two very distinct versions that were credible of what might have happened? >> there was way you could have presented probable cause, the way i was taught to be a prosecutor, is that you don't go to the grand jury and say, well, if i can get probable cause, we should go to a trial jury. the appropriate way to be a prosecutor, i think, is you only seek and obtain an indictment from the grand jury, if you think can you get a trial jury to the point of proof beyond a

reasonable doubt, sure can you get an indictment without probable cause, but it's irresponsible to proceed if you don't think there is evidence that would convince a jury. here, yes, there could have been probable cause found by a grand jury. but i don't think there was any way a trial jury would have found this officer wilson guilty beyond a reasonable doubt. so i don't think the case should have proceeded beyond this stage. >> paul callan when you hear the officer's account of what happened at the car, why he feared he may be knocked unconscious or killed by another blow, do you find that to be a believable account? a reasonable feeling? >> well, yes. i find it to be very, very believable. i think that the unfortunate thing is, african-americans are, they have problems in a lot of communities in the relationship with the police. other minorities do hispanic people do, sometimes, because there's a legitimate gripe here. i think the focus on michael

brown as the poster child of this problem, when we first saw the case, witnesses say he had his hands up, he was unarmed, he was shot by a white police officer. it looked like a blatantly racist killing and we all kind of fell into thinking this has got to be a legitimate case. then as it developed, you get to the point there was, it started out with a strong-arm robbery by michael brown in a convenience store. he's in a tussle with a cop at the very least. he's reaching into the cruiser. trying maybe to get the cop's gun, the gun discharges twice. it becomes a very, very different incident. i find the officer's story to be compelling and believable and in his interview he came across sort of as being not a threatening kind of guy, but sort of mild-manner and somebody who wouldn't lose his temper. i think the grand jury must have seen that in deciding they were going to give him the benefit of the doubt and not charge him in

this case. >> jeffrey, what's the one thing that you point to that you feel explains why this was a situation that the grand jury chose not to indict? >> let me give you two, chris. the evidence of michael brown's blood and dna within the car. that shows he was reaching inside the car, which is certainly an aggressive act in any circumstances. and the other thing was, the addition of several new witnesses who had not been interviewed by the news media, who said they saw michael brown charging at officer wilson at the time of the shooting. i think those two pieces of evidence would have made a criminal conviction of officer wilson impossible. >> chris, when i was a prosecutor, one of the things we used to say to the jury was, physical evidence has no bias,

physical evidence has no memory problems, and physical evidence doesn't lie and the physical evidence seems to support the ostser's story and not the story of the independent eye witnesses. >> paul callan, jeffrey toobin, there was a lot of skepticism about what happened, i was giving it to you, thank you for the thoughtful replies. as always. all the negativity that we hear and see and feel in ferguson has taken a toll on the community. that's for sure. what will allow healing? how does the community change and come together? that has to happen at some point. we have a pastor from ferguson, he is making that part of his job. and ehe'll talk about how he hopes to do it. ection, elevate form, and reinvent a category. you also attract a lot of attention. chevrolet. the most awarded car company of the year. not ford, honda, or toyota. hurry in, the chevy black friday sale ends monday.

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from the anger, frustration, the protests and the grieving in ferguson will must come a time to heal, hopefully sonner rather than later. with so much hostility remaining, especially racial tension how does this community get to where it needs to be? pastor robert white is with peace of mind church of happiness in ferguson and here with me once again. good to see you, pastor. saw a little bit of a change last night but that's a quantitative change, not a qualitative change. the anger and desperation is real but most importantly the sense you get young and old of it will never be better. it will never be better. you hear that. you feel it in different ways. what do you do with that? >> first thing we try to do, what we've been doing since august is we're starting with those who are listening, because with any conversation you have to be able to speak your mind as

well as listen. we brought in experts from all over the world who have volunteered their time to come in and counsel these youth, counsel these families who have gone through this and what we have to do is to have the dialogue of accountability, for those who have been testing on us, governor nixon said in august, this is a test and it seemed like last night and the night before it's continued to be a test on the citizens of this community. >> reporter: it's a test on both sides, right? how do you think your leaders have stood up to the test in terms of how they're presenting themselves to this community as people who want to make it better? >> well, we talked with that off camera, i mean, i didn't wake up to be considered a leader for this cause and so we're learning on the run, and i'm willing to be held accountable for the mistakes that i have made but the true thing is what is the spirit of what we're trying to do. if we all are here trying to preserve life, trying to have a better life for the citizens, the taxpayers of this community, all taxpayers, young, old, black, white, christian, jew,

none religious, we all have to work together in that spirit of un unity. >> reporter: don't you think you should see your elected here at night? it's kind of dangerous but not that dangerous and it may be less dangerous if they were talking to the crowd, giving speeches, why not? >> every life matters. i agree with you, chris, we need to call upon those elected officials, we also need to call on those greater leaders of those bigger churches, of those businesses, to come out here and let the people see your face, let them see your support. it shouldn't just be the grassroots leaders, folks who didn't ask for this. the ones who were chosen, the ones expected to out here, we all need to be out here working together. >> reporter: you got a big us/them problem here right now and you got two steps to it. first is the us and let's deal with the black us. >> absolutely. >> reporter: you will keep hearing, hey, you got to get your communities in order, if there weren't so many exchanges with the police, you wouldn't have these problems. to the extent that is true at

all, what do you do with that? nobody wants to be blamed for a problem that they believe is unfair to begin with. >> dr. edward hainey, my mentor taught me, if it is to be, it is to be by me. if we find fault that we are responsible for, let's not look outside. so what we're doing in these schools with clergy we're going into the schools and high schools and talking to the students about being accountable for self. let's make sure we're educated, let's make sure we're informed and let's make sure we're doing our part to keep the peace. once we do that internally we can do that with the forces affecting what we're trying to do but it has to happen simultaneously. if we're working on the inside, the outside forces have to be accountable >> tomorrow is thanksgiving, and it is going to be a hard one. what is the message at this time when we're supposed to count our blessings, when what's going on right now in ferguson is counting the ways that people

believe there will be mystery. >> we have to be thankful for the preservation of life. unfortunately the brown family are not going to be thankful that michael jr. is not going to be here but what we can be thankful for is america affords us the opportunity to have a conversation, to have a discussion and to try to do better. so we can't change what happened yesterday. we can't even change what happened early on today. what we can do is be thankful for the opportunity for a brighter tomorrow. the sun is coming up. it's a beautiful sky outside. let's try to maintain that beauty throughout the day so when night falls, we're not bombarded with tear gas, violence, riots and looting, but we're bombarded with what this country was built on and that's opportunity. >> reporter: we call the show "new day" for a reason, it comes with the promise that things are going to be better and that there is always hope and you know that we are here to help. >> thanks. >> reporter: pastor, i wish you the best of thanksgiving if i don't see you but i have a feeling i will. >> same to you as well. >> reporter: for the first time

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the immense power he had, like a 5-year-old going against hulk hogan. >> he turned around and put his hands up? >> no way. no way. >> we the family carry peaceful protests but we do not encourage violence. >> another police cruiser being torched. >> recent history of our country we have not seen anything like this. >> much more aggressive police response. >> i feel like they just killed him again. >> good morning, welcome to "new day," it is wednesday on november 26th, i'm carol costello, live near ferguson, missouri. we saw dozens of arrests and plenty of heated confrontation here last night, fewer than we

saw monday night but it is hard to call this progress, alisyn? >> i'm alisyn camerota with michaela pereira here in new york city. we're monitoring developments across the country as we hear from officer darren wilson for the first time, so we will bring you more on that in a moment, but first we want to go, start with chris, he's in ferguson and chris, it looks very quiet there at the moment. >> well, look, it is early but hopefully it is the promise of a better to come, make no mistake the town of ferguson does remain torn apart. people here are still trying to cope with a grand jury decision being perceived by many as a rejection of the black community by the justice system. tensions built as the crowd swelled, as did the national guard presence here. protests started out peacefully but a few bad actors pushed the limits. violence ensued. take a look. more police in riot gear.

more national guard out in the open, but still, more attempts to tear ferguson apart. >> hands up, don't shoot. >> reporter: a police car set ablaze by a small group of agitateors. >> you will be subject to arrest. >> reporter: police using more aggressive tactics, making arrests sooner. tear gas, necessary again, hanging in the air, as the scent of the moment. >> there are those that are stuck on violence that embed themselves with the peaceful protesters. >> reporter: all who hit the streets are outraged. and what fuels their continued disobedience is obvious. president obama says it's not just made up that communities of color don't always believe they're being treated fairly. >> it's rooted in realities that have existed in this country for a long time. >> reporter: then came the next flashpoint, officer wilson saying the incident had nothing

to do with race in an abc news exclusive. >> if michael brown were white, this would have gone down in exactly the same way? >> yes. >> no question? >> no question. >> reporter: the officer says on that fateful morning on august 9th he saw black teenager michael brown and his friend walking in the middle of the street. >> i said, hey, come here for a minute, and that's when he turned and said what the [ bleep ] are you going to do. it and slammed my door shut done me. >> reporter: wilson said the teen hit him ten times and there was a tussle over his gun. >> something's going to happen and i'm going to be dead. third time it finally goes off. >> reporter: wilson admits brown runs away but says it was his duty to give chase. >> my job isn't to sit and wait. i have to see where this guy goes. >> reporter: the officer says brown turned and charged toward him. >> eyewitnesses, some said he put his hands up. >> that would be inkrebt.

>> no way? >> no way. >> reporter: his friend says he knows what he saw. >> i saw my friend stop and put his hands up, then compliant after being fired upon, after already being struck with a bullet wound from officer darren wilson's gun. >> reporter: wilson says there was not anything he could have done differently to prevent killing the 18-year-old. >> he starts to lean forward like he's going to tackle me and i barreled my gun and i fired in what i saw was his head. >> reporter: after the verdict -- brown's parents say they're profoundly disappointed. >> i feel like they just killed him again. >> reporter: the officer's response? >> i think those are grieving parents, mournings the loss of their son. i'm sorry their son lost their life. it wasn't the intention of the day. it's what occurred that day. >> is it something you think will always haunt you? >> i don't think it's a haunting. it's always going to be something that happened. >> reporter: the officer's response offers small

consolation. there are those who say the grand jury has spoken, there is no indictment, that's it, it's over, move on. that's not going to happen, not only because of what happened with michael brown and officer darren wilson, but because of the issues that drive a lot of the outrage here in the first place and we're seeing that, the proof is in the protests, the emotion from ferguson is reflected in what you're seeing across the country. thousands in new york, l.a., chicago, washington, boston, baltimore, and so many more cities are making their objections known as well. both to the grand jury decision here and police tactics they see where they live that they decry as unfair. let's bring in stephanie elam, she's been in ferguson all night once again trying to make sense of the situation here. stephanie, good morning. >> reporter: good morning chris. you're correct, it's resonating across the country. the death of mike brown and the lack of an indictment of darren wilson spurring many people to take to the streets across america.

sirens ring out in ferguson, missouri. demonstrators facing off with police for the second night in a row. tensions coming to a boil as protesters overturn and set fire to a police cruiser after a day of relatively peaceful protests. police and national guard responding with a heavier hand than the night before, arresting 44 protesters, using hoses and pepper spray to disperse the crowd. >> we won't, we will get justice by any means necessary! >> reporter: this as it spreads across the country. >> what do we want? >> justice! >> when do we want it? >> now! >> reporter: demonstrators in 170 cities nationwide blocking bridges, tunnels and major highways from coast to coast. thousands of protesters snake their way through the streets of

new york city, jamming traffic, holding signs and chanting loudly. >> no justice, no peace. >> reporter: across the country in downtown los angeles, protesters rally, knocking down fences and blocking the 101 freeway with road blocks and debris. >> we want a revolution! >> reporter: in oakland protests took a more violent turn, news helicopters capturing footage of vanle vandals, looting businesses and lighting bon fires. in minneapolis a car plows through a group of demonstrators, running over a protester's leg. >> he was getting mad people wouldn't move and he plowed through. >> reporter: according to authorities the woman was taken to the hospital and is being treated for minor injuries. the incident currently under investigation. in cincinnati, 15 demonstrators arrested after scaling concrete barriers and briefly shutting down interstate 75. denver police also responding to protesters trying to move onto

their interstate, using smoke bombs and pepper spray to deter the demonstrators. >> mace, maced everybody. >> reporter: from atlanta to boston the nation's capital, protesters taking to the streets and making their voices heard as authorities attempt to contain a growing sense of outrage across the country. and back out here live in ferguson, i can tell you that there are 44 people that were arrested last night during protests and demonstrations, but when it got to the point that police said this was no longer a peaceful assembly of people because people were throwing bottles, they moved in, cleared out the crowd, and it pretty much went along uneventful even though we saw a few people getting arested at that time, chris. >> reporter: i share your observation, stephanie. thank you for doing the hard work out there in those difficult hours. we'll see you soon. we're also going to be joined by anthony gray, an attorney for michael brown's family and we've spoken to him before and good to see you.

counsel, thank you for being with us on "new day" this morning. >> no problem, thank you, chris. >> let's deal with what's out there, counsel. you had officer dar rep. wilson give his account, the headline is he feared for his life, he thought one more blow from michael brown, who was attacking him and came at him in his car, might have knocked him out or killed him. your client, michael brown's mother, says i do not believe his account, that he could be afraid for his life because of my son. is that true? >> absolutely. it absolutely makes no sense whatsoever. at the point that you're in a car and you're trapped inside, i can half way go along with the notion that you feel somewhat compromised but now you outside the vehicle, you have a weapon, you have someone who is injured, who is bleeding, whose blood is on you, and at some point they lose enough blood, they lose consciousness, so the notion that you think the only option that you have is to shoot and kill someone who you can see is

unarmed, is absolutely absurd. there are other avenues, there's takedown techniques. he could have used a weapon as an impact strupinstrument. he could have done other things instead of kill mike brown jr. he did what he wanted to do, not what he had to do. >> reporter: he says that, you know, his answer, according to his descriptions would be, you're giving me credit for being able to think in something that was a reflexive situation. i saw his hand going to his waistband and in the car he went for my gun and the forensics do bear out that there was reason to believe that michael brown was at least around his fwn in the car and that all went to why he was afraid for his life. response? >> laughable. you pulled the gun out and you're going to pull out a gun and point it at an unarmed person who you also are saying you have his arm in a grip. so who's to say who is fearing for whose life at that point? mike brown jr. doesn't have a right to fear for his life and defend himself from your weapon?

it doesn't make any sense, and look at his statement before he got lawyered up. before he was prepped, before the grand jury, look what he said, he didn't say he pulled it out. he said the gun fell off the hollister, and to assume that now we have a free gun somewhere in the car, they both make a grab for it. that's what his first statement was. then he tells a quite different story to the detective that interviewed him. then he tells a larger embellished story in front of the grand jury. every statement he makes is larger and larger and then you want to talk about charging somebody with perjury. you look at his statements, you look at the physical evidence, they don't line up, period. they don't line up. >> so the big question becomes, counsel, why did the grand jury believe him? >> because they didn't have him cross-examined. it was a friendly environment. he was able to just go and just tell his story freely. there were no hard-hitting

questions. the inconsistencies that i see between the three statements that he made, nobody pointed them out, so quite naturally, you know, and then there's no recommendation to charmige him with anything. you put in front of a grand jury a list of charges and you don't suggest which matches the case you want to bring? everybody knows if it you don't make a recommendation to a grand jury that's an indication that you shouldn't indict and they took the cue from the prosecutor as the way it was given to him. >> reporter: you know, there's so much pressure that's been put on the indictment was needed here so this could go to trial. lot of legal experts ads you know, counsel, being one yourself, say that this would have been a really hard case for prosecutors to win, that may feed into why the prosecutors office was somewhat reluctant. what would have happened if it did go to trial but wound up being a not guilty verdict? >> we would have had the judicial process and the full adjudication of this officer, a

cross-examination, a direct examination, the inconsistencies vetted out openly in the courtroom, and if a jury decided they didn't want to convict him of whatever charge was put before them, at least they would have had a charge that the prosecutor was saying that fit the case that the prosecutor was presenting, and if they came back and said we reject your recommendation to convict him on those charges, i think we can accept that as a people, and i think that's reasonable. but this situation was not that. it was just give you every and anything we can think of, even the stuff that's irrelevant. they had a witness there who they knew did not see anything, so what was the point of bringing that person before the grand jury? i don't get this data dump technique putting all this information out there, most of which is irrelevant, and then you say you guys decide which one of the four charges you have

an option to do, you decide if any of this fits. quite naturally they're going to say, i'm totally confused. and i'm not going to, you know, acquit. i'm sorry, i'm not going to charge. >> reporter: not going to indict, of course that was the decision. the question now is, what are you going to do? there was some suggestions made during the press conference yesterday that we still need, you know, you were saying from your point of view we still need to have everything here put out in the open so people can judge it, the system can make the right kind of decision. how are you going to do that? >> well, it's not going to be my authority nor power to get that done. we are now resting and looking upon the federal investigation to continue, ongoing. we are hopeful that at least that process would, you know, be a little bit more thoroughly vetted, more fairly presented. we don't know what's going to

happen, but i can tell you this, just like with the state investigation, the federal investigation will be a direct reflection of the prosecutor's attitudes and how they present their evidence, and what evidence they present and what evidence they look at as well. 60 witnesses, chris. >> reporter: that's a closed process, also, and you know the bar is very high for a federal investigation. counsel, let me ask you something, tomorrow is thanksgiving. is there a message from the family what they want people to keep in their heads and hearts on thanksgiving? >> as it relates to this case, i think that this family has already issued a public statement, they're disappointed, they feel like the system has let them down. for the public at large, the call has always been the same, to remain peaceful and remain calm. quite naturally there are people out there that have their own ajep da. we make it very clear that those that go contrary to what our call is, they're not with us. they have their open ajep da.

we cannot associate their behavior with this family, when from day one, we've been calling for peace, nop violence an-viol calm. if we can't control them, you need to understand the public at large needs to understand that they are not with the brown family and they're not in line with the brown family's pleas. >> reporter: counsel, thank you very much, appreciate having you on "new day" as always. let's get to alisyn and michaela in new york. nkt a monster storm is ready to hit the east coast. just in time for the busiest travel day of the year. snow and rain are set to make a mess of the thanksgiving getaway. it's a race against the clock for millions of travelers. let's get to meteorologist indra petersons, keeping track of the forecast live at laguardia's airport. how is it looking? >> is her smile fading? >> things are transitioning slowly right now. we're starting to see some delays. you can see the boards behind me generally most flights are on time right now, but this is just

laguardia, let me show you one of our weather maps where i can show you we're already seeing an hour and 40 minute delays out towards philadelphia. what are we talking about? visibility issues, also in through florida, half-hour delays toward miami and ft. lauderdale. let me take you outside and show you why. it's not whether the rain or snow arrived yet, it has to do with the fact it's gloomy, low cloud ceilings, visibility is an issue as well. temperatures in the mid-50s and in the next hour expected to drop in the 30s. if you know anything about weather, we know what that means, rain turns into snow, the major cities, the major hubs, d.c., new york, philadelphia, boston, all expected to switch over to snowfall in the next few hours so it's a race in the next few hours to get out before everything changes and heavy snow comes our way. still crossing my fingers to make it out, guys. >> indra, thanks so much. the prosecutor in the

michael brown case is facing criticism over how he handled the shooting of the unarmed teen aiminger. is robert mccullough the reason darren wilson was cleared? we'll take a closer look. ve com. [ starter ] ready! [ starting gun goes off ] [ male announcer ] it's less of a race... yeah! [ male announcer ] and more of a journey. keep going strong. and as you look for a medicare supplement insurance plan... expect the same kind of commitment you demand of yourself. aarp medicare supplement insurance plans insured by unitedhealthcare insurance company. go long.

there has been a sharp focus on the prosecutor who brought the ferguson case to a grand jury, his name is robert mccullough and he was heavily criticized before the grand jury ruling and the criticism has not

let up. he defended the process and the result but many are asking is the prosecutor the reason officer darren wilson was cleared. cnn's ana cabrera joins us following that part of the story. >> good morning to you, bob mccullough has been at the center of controversy from the beginning. his father, a police officer, was killed in the line of duty. he was shot by an african-american man and that's one reason protesters had recommended a special prosecutor be appointed in this case for fear of bias. now, mccullough has said he would be fair. he insisted he would be fair all along. now that the grand jury decision has come out, there are still many questioning whether the prosecutor's office did the right thing. st. louis county prosecutor bob mccullough under fire. >> we still heard this is basically i feel like they just killed him again. >> reporter: facing fresh criticism for his handling of the michael brown shooting case and his announcement of the grand jury decision after dark.

tension that had been building for hours erupting into chaos, causing some to question the timing. >> waiting for the announcement last night, wondering what the wisdom or the thought process was behind waiting 'til that hour. i don't know that it would have been any better. i think ultimately those who wished to create disruption were bent on doing that. >> reporter: others left wondering about the grand jury process. >> he said there was a problem with the evidence, conflicting testimony. that's up to a jury in a regular criminal proceeding to decide the credibility of the witnesses. >> reporter: mccullough admits this case was handled differently than others including remaining neutral and calling every single witness to testify, even officer darren wilson. >> in this case, we thought, i thought much more important to bring in the actual witness. >> reporter: mccullough defended himself in our interview september 24th and hoped releasing testimony and evidence to the public, also unusual, would ultimately prove that his

team was fair. mccullough didn't shy away from discussing how the media may have made his job harder. >> the most significant challenge encountered in this investigation has been the 24-hour news cycle and its sensational appetite for something, anything to talk about. >> reporter: even as facts continue to come out and people hear the complete story for the first time, many members of this community still lack trust and competence, in a system that is supposed to ensure justice for all. >> you got a whole bunch of young people feel like the system don't work for them so why should they obey a system that don't wok for them? why? >> the question on the ground in fe fergus ferguson, chris king and paul callan, former prosecutor and cnn analyst. good to have you here. alisyn will help out in the interview. thank you very much for that. chris king, this came down to a special prosecutor, that was the big ask from the community.

the prosecutor doesn't say no to that, the governor does. the governor said no. why isn't there more talk about that decision, more onus on him? >> there was a lot of talk about it. under the state of emergency governor nixon had an opportunity to appoint a special prosecutor. mccull lay said it's your move, get rid of me. nixon didn't respond to public pressure. nixon is pro-law enforcement, mccullough is pro-law enforcement and didn't want to get involved in a police shooter case. >> reporter: paul callan, one question to you and then to alisyn. you said something earlier, this is what happens in the grand jury when you have an officer-involved shooting is that the prosecutor stays neutral. you can't mean that as a general proposition, paul, because that's not usually what happens in a grand jury of any nature. the prosecutor is usually using it as a tool, driving the process, and it's usually out to make a case. this was different. he said he was staying neutral but by staying neutral was he

putting too much on the grand jurors? >> i want to be clear about this, and i think there's a misconception that every grand jury in america handles things a certain way. grand juries in america, there's a different grand jury in practically every county in america so there are thousands of them and how cases are handled are a decision made by the prosecutor and the judges in that county. so it's kind of hard to generalize about this. i was talking earlier about in manhattan, one of the busiest criminal jurisdictions in the united states, all evidence is presented to the grand jury and there is a neutral charge given by the prosecutor. now i've gotten that from the top owe officials in the manhattan district attorney's office. in manhattan in a normal case the prosecutor looks at the case and says these are the witnesses that i believe and these are the witnesses that i believe i can get a conviction with, and he relies only on those witnesses to convince the grand jury to

indict. so that he does make a decision in a normal case, and then he kind of pursues that position before the grand jury. that wasn't done in this case, of course. >> gentlemen, i want you all to hear one hour ago michael brown's parents were on a morning show and they were asked, michael brown's father was asked what he would have done if he were on the grand jury, what question he would have asked officer wilson. here's his response. >> why? why did this happen? it's my biggest question, why. why did you choose to wake up with a chip on your shoulder and do what you did to our son? >> paul, the parents will always believe that it was officer wilson who was the aggressor. do they stand any chance of a civil suit now? >> well, they can file a civil suit for money damages and just to give you an example in the o.j.siveson case, which everybody remembers, there was a finding of not guilty in the

criminal case, but there was a subsequent civil case filed. i was involved in it, that's how i know about it and in fact, a different result was reached by the jury in the civil case, so they could file a suit for money damages but it's an uphill battle, because there's been this dismissal. sometimes you get a quick settlement because the state will want to avoid the controversy. so i think we'll see that happen. they probably will file. >> chris king, is there any talk of what the parents will do now? >> no, it's really their decision to make with their attorneys. i'm staying out of that. >> reporter: you know also, alisyn, what paul is talking about the civil, you have a higher standard of proof, but you have an adversarial process, so they feel and you have an open process and i think that's what thisser' looking for here. you get to do depositions, you get to confront the other guy? >> i'm not sure it's a higher standard of proof. it's kind of the same standard

of proof in civil case it's preponderance of the evidence. that's pretty much the same as probable cause, kind of the same standard applied in the grand youry. >> reporter: probable cause, two versions of the events, then you go to trial, at least in a civil determination they have to make one. >> no, i dis -- no, with probable cause, the grand yojur is supposed to decide it's more probable than not that officer wilson committed the crime. so it's the same standard. >> reporter: right. >> it's just ever so slightly more probable that he's the person who committed the crime and then it goes to trial to see if you can prove it beyond a reasonable doubt so it's kind of similar to the standard in this civil case. >> chris, are you satisfied with that? >> reporter: nope, but go on. we got more to do. >> i into you that. chris king, paul callan, thanks so much. >> thank you. we heard from officer wilson for the first time. now we're analyzing it from a legal perspective.

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all right, here we go with the five things you need to know for your new day, a second night of protesting in ferguson. 44 arrest, demonstrators setting a police car on fire. meanwhile, officer darren wilson breaking his silence, insisting he has a clear conscience after shooting michael brown. people heading out for thanksgiving are in for a messy ride, a monster storm set to slam the east coast bringing rain and snow prompting airlines to scrap hundreds of flights on the busiest travel day of the year. a senior leader of isis killed in an air strike in iraq northwest of baghdad, this as two minnesota men are charged with conspiring to help isis and join the terrorist group, one of them remains at large. former undersecretary of defense michelle flournoy is taking herself out of the pentagon top running post due to family issues. she was seen as a leading candidate to replace outgoing

defense secretary chuck hagel. annual holiday tradition at the white house, the president will pardon a lucky 50-pound bird from ohio that will be the national thanksgiving turkey. the president gets to choose between two birds. both will avoid the roaster or the fryer, alisyn, in this case at your house. visit newdaycnn.com for the latest. >> the turkey was bigger than the toddler. delicious. ? ster tar rehn wilson is speaking out for the first time since he shot michael brown and we're digging deep near his account of what he says happened, what would he do different? we'll discuss with our legal experts. (vo) nourished. rescued.

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the explanation from officer dar rep. wilson has done little to silence critics in the way he handled that fateful encounter with teenager michael brown. now that we've heard officer wilson's side in detail does it support his decision to fire on that unarmed teenager? >> here to dissect this is mark o'mara, cnn legal analyst and criminal defense attorney. good morning, mark. >> good morning. >> this was officer darren wilson's first sitdown interview last night. the portion where he is asked if he could have done anything differently that fateful day. >> is there anything you could have done differently that would have prevented that killing from taking place? >> no. >> nothing? >> no. if he would have gotten on the sidewa sidewalk, i would have never noticed the cigarellas. i would have continued my day and he would have continued his. >> some of the witnesses said

they thought you were out of control, somehow you had snapped. >> that would be incorrect. there was never -- the only emotion i'd ever felt was fear and that it was survival in training. >> and you're absolutely convinced when you look through your heart and your mind that if michael brown were white, this would have gone down in exactly the same way? >> yes. >> no question. >> no question. >> mark, to our ears, he sounds so certain that you can imagine why the grand jury believed him. what does it sound like to your ears? >> he may well, using that perspective of things, have convinced the grand jury of his view that day, but look, what the answer should have been i would have done anything, everything to change the outcome. i think that would maybe have sounded to wilson as a self-indictment, to say that something else could have been done, but he took a life, and anything that you could have done to avoid that should have been the answer he had given. >> mark, it's interesting to

hear your perspective as a former defense attorney. this is such an interesting conversation to have. i'm curious what your other impressions are, and what you might have counseled officer wilson ahead of giving this public interview. >> well, he needs to speak from the heart. the first thing i would have had him say in the interview was to apologize for the tragedy that he caused. it may well have been necessary in his mind, justified, just what happened, but he has to acknowledge the tragedy to the brown family and also that he is now in the middle of this firestorm of the whole again renewed perspective of how blacks and cops interact on the street, and it really could be used as a positive, if there's any civil, a positive result is a review of that problem. >> mark, just one hour ago michael brown's parents were on a morning show, and they were asked to respond to officer wilson's interview where he said that he wouldn't have done anything differently, here was

their response. >> he didn't do what he had to do. he did what he wanted to do. >> what he wanted to do. >> yes. >> you think he wanted to kill your son? >> i don't think he wanted to kill my son but he wanted to kill some one. >> at the end of his statement he said he'd do it again. >> his conscience is clear. how could your conscience be clear killing somebody even if it was an accidental death. >> mark, to your point the way he phrased it is not quelling their, anything. their raw emotions about this, what should he have said to the parents? >> well again, i think he can't not explain away his perspective that day but if we looked at what is happening with him and what was happening with michael, they were not thinking clearly, either one of them. we hope that the training helped, but you have adrenalin, tst toss roane, fear, going on both sides. what he should have said was it was a tragedy.

i don't think it was, i think it was unavoidable, based upon the moment i had to make that decision, but i wish anything else would have happened to avoid it. >> apologies when i said former criminal defense attorney. i retired you, far too prematurely. >> why? >> because ir'down there in beautiful ft. lauderdale. we've heard his testimony about how he says the chain of events went that he sustained those injuries, when you listen to this violence that he describes and see the evidence, do you feel the prosecutor should have pushed harder on him during that portion? >> i think he should have cross-examined him for a couple reasons. no reason not to, he knows how to do it and knowing full well this is going to be reviewed for years, why not take the opportunity to insulate himself even further the fact he may have given wilson an easy ride. go after him on the hulk hogan thing, just, i understand wilson went through a trauma himself but if we're going to review it,

lay it all out as best you can, that wasn't done in the non-cross examination of wilson. >> mark o'mara, thanks for joining us, have a has. pi holiday weekend. >> enjoy yours. what will it take to help ferguson heal? we'll be right back. hello... i'm an idaho potato farmer and our big idaho potato truck is still missing. so my buddy here is going to help me find it. here we go. woo who, woah, woah, woah. it's out there somewhere spreading the word about americas favorite potatoes: heart healthy idaho potatoes and the american heart association's go red for women campaign. if you see it i hope you'll let us know. always look for the grown in idaho seal.

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welcome pack. you are watching "new day."

tensions fraering up across the nation once again and probably more than ever if you're talking about across the nation. protesters expressing anger over the grand jury's decision not to indict officer darren wilson. the officer speaking out for the first time amid what's going on here, the unrest, but many in ferguson don't buy that chain of events that he has laid out in his account. so where does the damaged community if from here? it's a question everybody's been asking and the answers are elusive. let's try right now. we have cnn political commentator l.z. granderson and congresswoman karen bass, member of the congressional black caucus as well. l.z., when you look at it, the issues are so entrenched, they are not new, that's why we're seeing them echoed across the country. what do we do? the grand jury has spoken. the prosecutor could bring charges, probably won't. where do we go? >> the focus should turn to the fact that there's such a lack of transparency in both what happened with the grand jury but

also what happened with the police officer and michael brown. there's been a huge push and i support this push to put body cameras on police officers so that we can get rid of some of this, you know, cloudiness about what actually occurred and we have it documented on video. and also it's important that we change the law so these body cameras are required to be on at all times, right now if you have a body camera, police officers are doing it at their discretion. we need to make it a requirement for the badge. >> reporter: we thought this would happen with dash cameras, some don't have them, this car it wasn't on, whatever. mick? >> congresswoman karen bass joins us from los angeles. you've been a huge advocate for our young people and i think this is specifically a question when you hear so many people in the black community and our young people frustrated with the outcome of this case, feeling justice wasn't served and the value of the african-american men in america is in question. how do we address we need to

take to shift that? >> i absolutely think it begins with dialogue, but i just have to tell you that my heart goes out to the brown family, as they prepare for thanksgiving without their son, and i think that we have to do a short term and a long-term strategy, and we really need to begin to come to grips with this in our country, because you can go down a long list of these cases, and you know that there have been many in recent time and there was a 12-year-old child that was killed just a few days ago in new york, i believe he had a toy gun. so you can rattle off these instances and one of the most important thing that i think people need to do who are not african-american, who are not latino, is need to just take a deep breath for one minute and say maybe i don't understand. maybe there's something going on here that i need to look at, because you know all of the polling shows the sharp divide, latinos, african-americans see the world one way, non-latino and non-african-american see the

world one way. they need to diversify the leadership of that city, the police department, the city council, so we need to look at things in the short trm and the long-term. >> we have a lot of social media that has reacted to this story. let me read you just a sampling of a couple that have come in, alicia guito says it isn't just talking to your kids about how to dress. how about talking to them about abiding by the law! and michelle bolden writes how about the media back off. maybe your buildup of this horrible mess could have been avoided. the coverage and the cameras have created a monster. congresswoman what is your reaction? >> i want to say something about abiding by the law. the officer talked about how he saw the cigarettes or whatever that michael brown had taken. you know, since when do we not have trials? since when do we execute people? the way that the information was leaked from day one of this case

intentionally leaking the information about the video, it's terrible, if he committed a crime before this happened, but even if he did commit a crime is a police officer supposed to be the jury and the executioner on the spot? so it's that kind of mentality that we really need to begin to look at. >> let's look at the media part of this one. i got to tell you, i don't feel it. i get criticism of the media, people mistakes seeing the media as a monolith, you have to judge every outlet and journalist on their merits, what do you think the experience is with what happens when something goes wrong and there's nobody there to shine a light on it? do you think usually it increases the chances that the right thing happens? >> it always depends upon who is upset about what's being could have had and what's not being covered. you think about politics. when the media doesn't cover something in the way that it's supposed to in regards to president obama, we hear it from one side of the nation, we

covered too much of what looks like in favor of president obama, hear from the other side of the nation and this is no different. the media's job is not to create monsters and we don't create monsters. our job is to show you the monster and allow you to put it to decide how you want to deal with that monster. blaming us for exposing something is not going to solve that problem. >> we're always talking about political correctness, it seems the media is one of the last places you can go and just bash all you want, all across the rage, and it's still okay but it's also a little dangerous because it's one of the best freedoms we have. >> the forefathers fought for that and made it a part of the constitution like everythingless, second amendment right, you have a right to the free press as well. >> also if you think about the civil rights movement, if you think about the rodney king beating, if it wasn't for the media showing those images to the world, you know, there's no telling how much longer these situations would go on. we absolutely need that

exposure, that has to happen. >> great conversation, i think this is an important one to be had and we hope there are many more of these. l.d. granderson, karen bass and chris cuomo we always appreciate hearing from you. >> thank you. >> look, any time a politician supports us in the media, i take it. so thanks to both of you. we're going to take a quick break and be back with final thoughts from ferguson and new york, just after this. when heartburn comes creeping up on you... fight back with relief so smooth... ...it's fast. tums smoothies starts dissolving the instant it touches your tongue ...and neutralizes stomach acid at the source. ♪ tum, tum tum tum... smoothies! only from tums. man: [ laughs ] those look like baby steps now. but they were some pretty good moves. and the best move of all? having the right partner at my side. it's so much better that way. [ male announcer ] have the right partner at your side.

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it's a fantastic area to work. the new technology that we are installing out in the field is important for the customers because system reliability i believe is number one. pg&e is always trying to plan for the future and we are always trying to build something stronger and bigger and more reliable. i love living here and i love the community i serve. nobody wants to be without power. i don't want my family to be without power. it's much more personal to me for that reason. i don't think there's any place i really would rather be.

in the last few seconds we have we'd love to hear what your takeaway will be from the past 48 hours you spent in ferguson. >> look, 21,000 people in ferguson, it's a very nice place. they're good people. they want better for themselves and that's the whites and the blacks and everything in between. i do think it's really important to remember that tomorrow is thanksgiving, and sometimes we need to find moments of opportunity to try and think about things a different way. that's very needed here and across the country. we have to think about our blessings. it's not being polyannish, it's thinking about ways we can do better when things are hard and that's where we are right now and one of the reasons i love having both of you in my life and all of the team on "new day" i count you among my blessings. >> it's a very good opportunity, chris -- >> i'm thankful every day my

sister, every day. >> i know you are, darling. this is an important time for all of us to think about the things we have in common instead of the things that divide us. there's room for that conversation, too, hopefully we'll have around dinner tables over this thanksgiving holiday. >> we have heard that echoed from the clergy, people you've spoken to and michael brown's family who again have been calling for calm and for reconciliation, so chris, we're thankful for you, too, and thanks for all of the great reporting. it's been wonderful to have you on the ground and share a window on what these past 48 hours have been like there. >> see you soon. >> all right. safe travels >> good luck and safe travels to everybody if you're traveling again today, cnn will update you throughout the day about the weather and some of the delays that potentially you could be facing if you are either traveling by air or on the roads this holiday. >> have a wonderful holiday everyone. time for "newsroom" with carol costello. >> you have a happy turkey day, too. "newsroom" starts now.

-- captions by vitac -- www.vitac.com >p happenir happp newsroomp newsroom,newsroo >p happenir happp newsroomp newsroom,newsrop. >> whoa what think what happened in ferguson is an excuse for violence, i don't have any sympathy for that. >> streams of protesters standing in solidarity with michael brown and his family. >> we're still hurting. >> i think those are grieving parents mourning the loss of their son. >> the officer sticks to his story and says skin color did not matter. >> when you look through your heart and your mind that, if michael brown were white, this would have gone down in exactly the same way? >> yes. >> the fury still simmering in the streets. >> looks like the national guard, if you see there, is taking somebody in. >> as missouri's governor