faces here in the cnn washington bureau. one of those peanuts is mine. that's it for the lead. i'm jake tapper. i turn you over to brianna keilar. she's filling in for wolf blitzer right next door. happening now. american drone deaths president obama reveals a u.s. strike killed two al qaeda hostages including an american. why didn't u.s. intelligence know that civilians were present? terrorists killed. u.s. counterterror strikes left two other americans dead, both of them were key al qaeda operatives. how big a blow is this to the group? we'll hear from experts. growing anger, fresh protests enbaltimore over the death of freddie gray. the police union's comparison to the demonstrators to a lynch mob. i'll talk to the baltimore police commissioner. nuclear fallout north korea

has 20 mewnew weapons. wolf blitzer is off, i'm brianna keilar. you're in the situation room. we are following two major stories this hour. our breaking news a u.s. counterterror strike kills two al qaeda hostages one of them american the other italian. president obama says he taked full faublt fresponsibility for the deaths. the air strikes killed two other americans who were senior al qaeda operatives. a new protest targets baltimore city hall. officials call on workers to get out of the down town area as state troopers are called in. with anger growing over the death of freddie gray while in police custody and police union comments likening protesters to a lynch mob, where is this headed? congressman peter king is standing by. we have our correspondents

analysts and guests who will help us with these stories. we begin with the al qaeda strikes and jim acosta. >> president obama personally apologized to the families of those two hostages who were killed. and even made a phone call to the widow of the american warren winestein who died. the white house says the president authorized the disclosure of the operation as soon as his administration was certain the hostages were the victims of a mistake. president obama was forced to face one of the harsh realities of his war on terrorism. that even precise drone strikes can go horribly wrong. >> it is a cruel and bitter truth that in the fog of war generally, and our fight against terrorists specifically. mistakes sometimes deadly mistakes can occur. >> reporter: one of those mistakes happened in january when the cia conducted a drone strike near the afghanistan pakistan border that

inadvertently killed two hostages this man captured from his home in pakistan and itannian aid worker. >> i want to say this as president, and as commander in chief, i take full responsibility for all our counterterrorism operations. i regret what happened. on behalf of the united states government, for our deepest apologies to the families. >> reporter: the obama administration says winestein and the italian died in the first of two drone strikes ordered by counterterrorism officials after hundreds of hours of surveillance. they were aimed at compound not members of the group. killed in the strikes was two american terrorists.

wine stein's widow releases a staying saying we're devastated by the news. those who took him captive bear responsibility. >> we need all the facts. for the families and so that we can make sure that nothing like this ever happens again in our efforts to keep americans safe. >> reporter: drone critics are raising questions. >> the cia apparently does not even know who it has killed until weeks after the fact. that calls into question not just the standards under which this lethal force program is being carried out. the reliability of the intelligence that is being used. >> reporter: white house press secretary josh earnest pushed back on that assessment while he refuses to offer many specifics about the strikes and declined to use the word drones he argued sometimes they're necessary. >> we can't use special

operations troops to go after every terrorist in the world. we can't conduct an bin laden style raid against every terrorist. >> reporter: senior administration officials say they had early indications winestein was dead back in february but only confirmed his death within the last several days. besides that internal review that's been ordered by the president, the cia's inspector general is aults expected to be on the case. the white house confirmed the families of these hostages will be compensated by the u.s. government. >> thanks. i want to turn to cnn chief national security correspondent jim sciutto. you're learning more about how officials were able to determine these hostages had indeed died in this attack. >> that's right. they didn't have a body dna evidence. it was a collection of evidence over time. as jim said there was a final crucial piece of evidence just this month which led them to the final conclusion that warren winestein and the italian had been killed.

it was yesterday when a senior administration official gave the news to the family. then you had the phone call from the president to them. a difficult conversation with that news. but we also know from the family's statement and from previous comments they were not happy with the treatment from some administration officials. as you know that's a criticism we've heard not just from this family but other families the family of james foley for instance the families of some of the americans held in iran right now about the treatment from this administration. which is natural. but there has been criticism coming from the families with regards to how they were treated when they're trying to get their family members back. >> this is a program, this drone program, it's been controversial, really since president obama expanded it so much in his administration. it's not the first mistake that's been made. >> it is not. there was a case of a wedding party being hit in yemen. those family members were compensated by the government. it's not just a drone program. the difficulty of trying to engineer complicated hostage

rescues. you had that with a failed hostage rescue attempt in syria going after isis captives. they came to the right place, but it was too late. you had an operation in december the american luke summers killed not by the rescuers but by his hostage holders while that attack was underway. it's difficult to get these things right. there's the bigger question. you have enormous opposition to these striengkes from locals on the ground. the larger policy question raised do the costs out weight the benefits here. because it's not just local opposition which leads to anti-americanism. it's an extremely powerful recruiting tool for some of these groups. you have a strike people are killed some of those people who is that happen whether they lose loved ones or not join the extremist group. donald rums feld asked this question ago. are we killing them faster than they're being created. it's still a question whether you're talking drone strikes or

rescue attempts. thank you so much. i'm going to be joined by republican congressman peter king of new york. he served on the homeland security security committee. one of the things we've been hearing from officials they were near certain there were no americans on site. how did this go so wrong? >> i think this is something that was just -- it happened. it happens in every war. i can't begin to tell you how much our government how deliberate and pain staking and exacting they are after any attack like this is authorized. if you have prisoners who never see the light of day who are kept out of any type of observation at all, i can certainly see how that could happen. i don't know what else could have been done in this situation to insure that there were no civilians there. or that there were no americans there.

again, there was -- this was hour and hours of monitoring of surveilling, of looking. i have actually been at headquarters and see how this is done. i can tell you, i think there's been any number of times where we have allowed al qaeda operative to get away rather than running the risk of hitting a civilian or an american. >> is this just you can't prevent this because we know at this point there are at least four other hostages who could be in that region. and a lot of people are wondering if there's a way to make sure this doesn't repeat itself. >> i don't think -- i think it's a false hope to say this would never happen again. we could and should do whatever can possibly be done to avoid it t. it should be looked at very carefully and closely. i haven't looked at a report to see if anything did go wrong or why it went wrong. based on what we know so far, it could have been done worse.

that's why you have the experts to go through it with a fine tooth comb to see if anything could be done. having said that if i were a relative of those two gentlemen that were killed. i'd be squadand angry. when you're making decisions in war, everything pain stakenly is done is done. >> certainly, there are intelligence limitations, congressman, when you're talking about certain areas in pakistan you don't necessarily have eyes on the ground there. we even understand that the conclusion that warren winestein and the italian had died that that wasn't determined through dna evidence. can you give us some idea of how that was determined? >> no, i really can't. other than they are now certain it is. again, this is hard to determine in any case without going into details, it was quite a while before we knew for certain it was adam gudawn.

we knew they were al qaeda operatives as far as the actual identities. when you don't have people on the ground it's very difficult. but, again, right now, i can tell you our government is satisfied, you know confident -- i hate to use that word. is certain that -- of the two civilians who were killed. >> can you give us a sense of how many times you were briefed? i know that two months ago the white house had a concern that winestein could have been killed. were you told then? when were you first notified this might have happened? >> i can only speak as an individual. i was not aware of winestein until today. i may have missed it along the way. i was aware of gudawn y was not aware of winestein. i can speak to other members of the committee. i myself was not aware of it. i'm not blaming anyone. it's possible a meeting i missed. even though i try to make them all. i know i would remember if i had been told. it's possible i wasn't there when that was brautsought up.

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to upgrade your phone, douglass. for all the confidence you need. td ameritrade. you got this. our breaking news. u.s. drone strikes killed two al qaeda hostages including an american. caulous also killed two americans who were al qaeda operatives. we're back with congressman peter king. he serves on the homeland security committees. we heard from a fellow republican duncan hunter he was

detailing a plan that was out there the pentagon was working on to exchange a number of hostages held in afghanistan and pakistan. for a single detainy. that the u.s. was holding. and there were different masinations of this plan. one would have included bowe bergdahl who was exchanged for five taliban prisoners, as well as warren winestein and then this canadian couple and the baby that is believed the woman had in captivity. he said it's a tragedy because this didn't have to happen. warren winestein didn't have to die. what's your reaction to that? >> i have not discussed that with duncan. i have been at any number of briefings. i've never heard that discussed. especially on the intelligence committee where we get briefed on a regular basis, that's the first i've heard of that.

again, it could be that duncan has his own sources. it could be he's getting that from the pentagon. >> could more have been done to get winestein released? i know this is a concern of his family. should more have been done? >> you know i don't want to be taking strautshots at the administration. i'm willing to believe they were doing everything they felt could be done, whether it's george bush or barack obama, the fact is when there's an american that's being held hostage, certainly an innocent person such as this as opposed to bergdahl. every president has to be doing all he can. we need a report. i can tell you the intelligence committee will be meet ing with the cia, and with other members of the intelligence community to find out what else could have been done. what should have been done. again, i don't want on this day be taking shots at the administration when we really have to look at this more carefully. my understanding all along is

we're doing all they could do to get them back. if duncan hunter has that that's something thad should be raised. >> even if the administration is saying we have an independent inspector general who is going to look at this and perhaps changes should be made. we heard that coming from the white house, on that front these idea that these were signature strikes, u.s. officials didn't know specifically who they may be targeted other than they were people that they thought were al qaeda because they were behaving like al qaeda. is there a problem with these signature streaksikes? and what needs to be fixed to make sure this doesn't happen again? >> signature strikes are more risky because, again, you don't know who they are. it turned out it was an al qaeda headquarters. it turned out the very top al qaeda people were killed. to that extent this was successful. the fact that there were americans being held hostage, i don't know what we could have

done to know they were there. other than fact -- it's a terrible tragedy, again if they're thought visible, if there's no way they can be seen. if there's no intelligence on the ground they're being held there and you monitor for hours and hours, maybe 100 hours and you see no evidence of anyone other than al qaeda, then to me that is a signature strike that should be taken. otherwise we would never attack anyone on a signature strike because there's no way of knowing who could be being held below ground who could be held -- again, you know in a way they can't be detected. i've heard other hostages say that when they're held they never see the light of day because the taliban and al qaeda, especially al qaeda, of course are so aware that drones could be monitoring. you know that americans have great powers of observation, they don't let these people be seen by anyone. under the circumstances i don't know what else can be done. that's the purpose of having the

iga and the report. >> we will certainly be looking for that soon. is what we're told by josh earnest. it should come out. congressman, thank you for being with us. coming up there's a deadly u.s. drone strike that we've been talking about, it's raising the new questions. could al qaeda hostage warren winestein been saved long before that operation. we have our terror experts standing by to talk about that. as protests are held in the downtown baltimore area workers are asked to go home.

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our top story president obama reveals that a u.s. strike accidently killed two al qaeda hostages including an american. also killed two americans who became senior al qaeda operatives. joining me now to talk about this we have cnn analyst peter bergen and phil mudd and bob bauer. he's a former cia operative and we have retired general mart hurtling. we hear from president obama and he reveals that this site had been under extensive surveillance pretty much 24/7 surveillance. should they have been missed? was there a way to figure out they were there? >> well brianna, no, there's not a way to figure it out.

this is what we called the denied area in operations. you can't put people on the ground your can't put clandestine video coverage of the place. you can watch the front door you can't put acoustices in the building. it's a hit-or-miss when you're surveilling for umthe air. for years they hunted for hostages and the military and cia insisted whenever we could is to put cameras on the ground to see who's inside. whether it's a heat signature or acoustices. it wasn't possible in tribal areas of pakistan. it's an unfortunate accident. >> what about afterward? what about after this drone attack? was there -- tell us about the difficulties in trying to figure out exactly what had happened who had been killed if anyone had been killed? >> there's been commentary saying let's insure we don't let this happen again. that's nonsense. you're doing a hit called a

signature strike. you have intelligence that says there's a collection of al qaeda guys. as the president said you have several hundred hours of overhead surveillance to answer a couple of questions, can we get more cert feud about who is there and can we insure if there's women and children on that compound that we miss them. if the follow on question in the after action is how do we guarantee that we've identified everybody in the compound and in a space the size of california we're sure that building doesn't hold a hostage, i'd say get out of warfare, that's hollywood. the after action here is going to cost $5 million. let me save you the money. this happens occasionally in the tragedy of war. >> who -- very strong words from you. general hurtling you can respond to that. i want you to give us a sense of who would have approved this? we know that president obama did not specifically approve this. there are protocols in place so that if certain -- i guess -- if a certain situation are in

place, then you have lower level officials who can go ahead and say let's do this. >> yeah, take a good hard look at my face, because it's been a guy just like me. a two or three or four star general who has the unfortunate and tough responsibility of approving strike packages which is what this one was. i've approved dozens of these, it's tough and difficult. these are put together by technician and operators who use all kinds of isr products. they are never going to be 100% shirt of their targets. intelligence isn't perfect as phil and bob have both said. it's nice that the president took responsibility that's what higher up commanders do. it's somebody on the ground that said i approve this package. >> peter, you've been doing a lot of verier interesting reporting today. if you listen to the white house press briefing what you heard from the white house was they've been in tup with warren

winestein's family. you walked away with the sense they had done everything they could do really to help. is that what you found? i don't think so. i think we're stymied, the u.s. government is stymied by its unwillingness to negotiate with terrorists. the fact is there are ways to go about this without the the u.s. government paying a ransom. you can go through proxies, like the pakistani government. the pakistani government officials tell me they did try and reach out to try to secure winestein's release. through the network which is associated with al qaeda. that wasn't enough. but what i would say that is really important today is that there were other americans being held exactly where -- in that area which is not large area and coleman, who is an american and her canadian husband -- >> they've had a baby. >> they've had a baby in

captivity. we don't know the name or sex of the baby. they are out there. surely you know i agree with everything that's been said but you know a mistake was made here. mistakes do happen. that doesn't mean there's an excuse for them happening again. >> if there is that possibility -- i've listened to experts today who have said when you're dealing with something like this this is the unfortunate collateral damage that exists. when you look at this couple with this baby what can be done to make sure this isn't repeat? >> we're giving billions of dollars a year to the pakistani government. let's make this an issue with the pakistani government we want this family back. and make it the leading issue. in our diplomatic discussions with the government. >> what do you think, phil? >> look i don't think there's much that can be done. i do believe we should pressure the pakistanis. we've been at this with them for 15 years. it's not like we don't know how they operate. it's not like we haven't tried

to pressure them before. before i close, this m word mistake keeps getting thrown around. let's step through this for one second. if you had intelligence picture that identified a target in no man's land and you could with some assurance say we won't kill women and children your choice is to pull the trigger or not. that's it. in this case i'd say we pulled the trigger we hit the targability. the tragedy of war tells me there was loss of life of a hostage. that's war. >> general, if we are here in this place again and we're talking about something similar involving the lives of people who were there now, at this point we're talking about a couple and their baby. doesn't something have to change? >> brianna, it's a tough call. and i agree with everyone on the panel. but i also know we're in the type of warfare where people intermingle. and it's called hybrid there's

all kinds of words for t. the fact of the matter is you have civilians in a battle space being held hostage or being in some cases used as shields. you take the best intelligence you can. the responsibility for taking these shots is an extremely difficult one. but it's warfare. and the president isn't going to approve every single one. but peter has got a good point. we need to pressure the pakistani government on this. they have not been doing enough to assist in these kind of intelligence matters. >> something needs to be done. stay with me guys as we continue to follow this breaking news. state troopers are now being called in to baltimore as protesters demand answers for the death of freddie gray. i'm going to speak live with the police commissioner as his city stands on edge. you can see it right there. frightening new analysis says kim jong-un is beefpathing

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. growing anger and a fresh wave of protesters seizing the city of baltimore again tonight after freddie gray an african-american man died in police custody. city officials have called in state troopers as crowds march through the streets. after the police union compared protesters to a lynch mob. brian todd is in baltimore where tensions are high.

give us a sense of the scene, brian. >> reporter: this is the location where protests are scheduled to begin very shortly. protest marchers have been starting at this point where the arrest of gray took place marching that way to the police precinct. i know you have shone pictures of marchers else where in the city of baltimore. there have been marched all day. a big rally a short time ago at city hall. tensions growing again tonight here in baltimore. we're getting new information about tensions between african-american leaders and the city's leadership. as crowds of protesters continue to demand answers and accountability. >> no justice. snow peace. >> reporter: not letting up in their show of anger determined to stay on the streets and on message, protesters pressed their demand for justice for freddie gray. tonight signs of anger and

descent among african-american leaders in baltimore. some black leaders critical of the mayor for not expressing more public outrage over gray's death. >> i think the mayor is trying to be too cautious. to be overly calm and as i said earlier, if we're calm something's wrong with our psyche. this is not something for us to be calm about. >> reporter: the mayor spokesman said it's her record that counts. screaming and yelling isn't going to get the gray the answers they're looking for. screaming and yelling isn't going to get the police department to continue changing its cull kwhr as we've seen that process start under this administration. this is about getting results and getting answers. >> reporter: african-american leaders are turning their anger toward police commissioner. >> he has been complicit and allowed for the culture of police brutality to grow in the city to the height it has grown. >> reporter: an investigation by the baltimore sun found the city paid out more than $6 million

since 2011 to settle lawsuits allegy police misconduct. no immediate comment from batts to the criticism. the department has undergone extensive reforms and retraining. the head of the baltimore's police union down played the lawsuits. >> our officers are exonerated in most of the cases. they're settled out of court because it's cheaper just to give money away. and then it's all over with. >> reporter: now mayor rawlings blake and police officials say under their watch, lawsuits over the conduct of police officials or police misconduct, brutality have gone way down. but the baltimore sun is reporting the city is still paying out some of those lawsuits spending $255,000 alone over the past two weeks. >> wow, some numbers. brian todd for us in baltimore. i want to dig deeper with baltimore's police commissioner.

you saw him featured there in that story. commissioner talk to us a little bit about some of the -- first off, i want to point out as we're seeing the pictures of crowds gathering there in baltimore, what are you expecting today? >> i think our community is expressing pain. they're expressing outrage. there's been an history within our organization not being a part of our community, not establishing relationships and to a certain extent not taking accountability for actions that have taken place within this community. so what people are doing are marching and expressing their pain and outrage that the community has as a whole. >> can i tell you some of what we're seeing we're seeing people scuffling in a way sort of with police. police try today create a barrier across a crosswalk there. now they seem to be letting people flood through the area

and intersection. if you have people who are protesting police are trying to get them to stop. now they're just standing by p. i mean this distant seem like they're obviously, getting along. what have police been told about how to handle the protesters? >> well in reality, it's much like i had a chance to sit down with the gray family this afternoon. in the police station. the family came in along with their pastor. we sat down and had an opportunity to listen to the family. there was a lot of pain in that family. and i can understand it. if that was my son, that ended up the same way, i would be angry and outraged. i'd have a sense of rage. i think they're looking for answers. what we need to do is move through the investigational process and provide them answers to help. as the marchers are out there, what i've told this police department and employees is to allow them to march. understand the outrage, understand the pain that the

community has suffered through. and allow them to express themselves. in their own constitutional way. i believe the officers have been given that direction. they're stepping back and let the protesters protest. >> there are six officers to be questioned in this case. five of them have given statements. what have we learned from them? what have you learned from them about how gray may have been injured? >> well it's not clear. i had a full briefing this morning at 9:00. i was not happy with all the answers that i got. i'm not focusing just on one part i'm not focusing on the van. what i told them is start from when the police officers came on duty that day early that morning through the contact with mr. gray all the way to the end to that day. i want every stone unturned. i want everything exposed. i want to look at ever nth degree so we can go back to the community so we can answer

questions. we'll take that investigation and give it to sththe state's attorney. >> you said you were not happy with some of what you had heard from them in their statements. what were you not happy with? >> no, correction on that. i wasn't happy with not answering some questions within the investigation. so i sent them back to relook at situations. >> to look at the extent of the entire day? okay but tell us about this one officer -- >> what i'm saying is i want them to go back and be more aggressive and assertive in looking at this investigation than what we have been. >> do you feel they were not being forthcoming? >> no. i'm not talking about the officers in their interview. i'm talking about our investigatory body that we have. we have about 30 officers that are doing a task force. i wanted them to dig deeper and heavier to answer all questions that may be asked of us for the

family. for the officers five of the six, much like any other person that may be accused in a crime were given miranda rights. they have the right to remain silent. five of the six were open. one of the officers didn't. >> we're looking at live pictures coming to us from baltimore. protesters have essentially shutdown traffic. we have traffic there at the standstill they're flooding the streets. this is their objective here as people are gathering. right now it's day light. it's going to be getting darker. i wander what you think is ahead if you see these protesters now blocking traffic, are you expecting the city to in essence, become shut down or be in a situation where police officers can't control the area? >> part of -- no, ma'am.

part of my direction to the organization is allow the protesters to protest. if we have traffic, we'll redirect traffic. the protests in ferguson in november and december and a lot of other cities you had a large number of arrests. in baltimore we didn't have any arrests. we allowed people to march throughout the streets and do protests. that's what the constitution says. so if we have to redirect traffic we'll redirect traffic. i apologize to those who may be delayed. we will facilitate the first amendment right within the city of baltimore. >> commissioner thanks so much for joining us. we appreciate it. >> thank you, ma'am. coming up a stunning new report says that north korea could strengthen it's nuclear powerf

s from baltimore. demonstrators have essentially brought traffic to a standstill here. this is martin luther king jr. boulevard, and we've been watching protesters just move in between cars completely stopping traffic there. and then take a look at this. this is from just minutes ago where they swarmed a police car. so much frustration over the death of freddie gray who died in police custody. so many unanswered questions there. after this we will tell you these protesters did disperse. we've been seeing police officers at times trying to block the protesters from some

movement but then really letting them pass. and we are going to continue to monitor the situation especially as we head here into the evening. first, though there is a frightening new warning tonight that north korea and its rogue young leader are racing to double the country's nuclear arsenal by the end of next year. we have cnn global affairs correspondent tracking this story. this is really interesting. >> reporter: this alarming new assessment shows north korea is making great advances in its nuclear program but what's really significant here it's coming from china. north korea's closest ally in the world who now warns the nuclear threat is so much bigger than anyone imagined. it's a frightening new assessment from north korea's neighbor and closest ally. china warning kim jong un has an arsenal. in a closed door meting first

reported by "the wall street journal," they warn the un unpredictable leader has as many as 20 nuclear weapons and is racing to double that by the end of next year. >> they're noticing the north koreans are getting ready to he can panned their nuclear arsenal and have been doing that for five years. >> reporter: a similar assessment was made in february along with the institute for science and international security headed by former weapons inspector david albright. the report warned kim jong un is baefg beefing up his stockpile at warp speed. >> they could end up with 100 weapons by the end of 20 20. >> reporter: now china is offering its highest estimates to date after down play inging the threat for years, rae flekting growing concern in beijing over the north korean nuclear threat. >> the chinese are being

realistic and understand that a growing north korean nuclear threat not only has implications for the united states and its allies but also has implications for china. >> reporter: the frightening new chinese estimates are even more concerning giving this warning by a top u.s. military official this month. north korea, he says is now capable of launching a nuclear tipped missile that could potentially reach the u.s. west coast. >> our assessment is that they have the ability to put it on and shoot it at the homeland. it doesn't necessarily mean that they will fly before they test it. >> reporter: a nightmare scenario that raises concerns that a nuclear deal with iran could pro-vide tehran with diplomatic cover to build a nuclear weapon just like the 1994 agreed framework with north korea did. the u.s. says it learned its lesson with north korea which is why the nuclear deal they are negotiating with iran would have much tougher inspections of the

nauk leer facilities to ensure the iranians don't cheat. elise labott thank you. we have much more breaking news ahead. h copd sometimes breathing air can be difficult. if you have copd, ask your doctor about once-daily anoro ellipta. it helps people with copd breathe better for a full 24hours. anoro ellipta is the first fda-approved product containing two long-acting bronchodilators in one inhaler. anoro is not for asthma. anoro contains a type of medicine that increases risk of death in people with asthma. it is not known if this risk is increased in copd. anoro won't replace rescue inhalers for sudden copd symptoms and should not be used more than once a day. tell your doctor if you have a heart condition, or high blood pressure. tell your doctor if you have glaucoma, prostate or bladder problems, or problems passing urine as anoro may make these problems worse. call your doctor right away if you have worsened breathing chest pain, swelling of your mouth

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happening now, hostages killed. how did the u.s. fail to know that an american and another captive, an italian, were inside a it terrorist compound when a drone opened fire? president obama says the buck stops with him. al qaeda's loss and the turn to terror. their roles in carrying out osama bin laden's legacy. and heated protests.

we are live from the streets of baltimore for new rallies against the police there after the officers union likened demonstrators to a lynch mob. i'll be talk to go a lawyer for the family of freddie gray the suspect who died in police custody. and dash cam evidence. stand by to see the video at the center of a new lawsuit over the shooting of a suspect on a bicycle. an unarmed suspect shot by a sheriff's deputy. we want to welcome our viewers in the united states and around the world. wolf blitzer is off today. i'm brianna kieleilar. you're in "the situation room." >> this is kr cnn breaking news. maryland state troop remembers on alert as a new protest unfolds on the streets of baltimore over the death of a suspect after his arrest by local police. also breaking u.s. counter counterterrorism operations are under review after president obama publicly apologized for a fatal mistake. two hostages an american and an eyeitalian, were killed in a u.s. attack on an al qaeda compound.

sources tell cnn it was a drone strike. the white house says two american al qaeda on if i was are also dead one was hit in the strike that killed the hostages the other in a later, separate attack. it's all raising new questions about america's drone program, intelligence failures and the timing of this announcement. we have lindsey graham and angus king to talk with us. our correspondents and analysts are standing by with all of the breaking news. first, though to our chief national security correspondent jim sciutto. jim? >> reporter: this is a fairly spectacular intelligence failure here. you have one drone strike in january, january 15 where you unknowingly kill an american and italian hostage as well as an american member of al qaeda there, but you didn't know he was there. four days later another drone strike that kills another al qaeda leader also an american adam gudan. we know the inspector general will be inspecting this investigating this. this raises questions not just

about this operation but the integrity of the drone program as a whole. it was in this mountainous border region between pakistan and afghanistan that a u.s. drone strike killed two western hostages held by al qaeda including one american warren weinstein, abducted in pakistan in 2011. the al qaeda compound had been under surveillance for hundreds of hours. what the u.s. did not know was that weinstein and the italian giovanni lo porto were being held and hidden inside. >> i again appeal to you -- >> reporter: in this proof of life video weinstein, an aide worker pleaded for his freedom. >> it seems that i have been totally abandoned. >> reporter: today president obama apologized for a fatal mistake. >> we believe that had had was an al qaeda compound that no civilians were present, and that capturing these terrorists was not possible. >> reporter: weinstein's wife in a statement blamed his kaptors for his death but also demanded

answers from washington saying we do understand that the u.s. government will be conducting an independent investigation of the circumstances. we look forward to the results of that investigation. killed in the same attack was al qaeda leader ahmed faroug also an american, a head in the subcontinent a new bran that much attempted to hijack pakistani naval vessels last september. >> the framework of america's war on so-called terror. >> reporter: killed in another air strike in january american al qaeda onperative adam gadahn. >> this was consistent with the guidelines under which we conduct counterterrorism efforts in the region which has been our focus for years because it is the home of al qaeda's leader ship. >> reporter: little solace for families who hoped for a much better outcome. u.s. officials tell me there are no bodies there's no dna

evidence. this was the result of a broad er assessment of circumstantial evidence and i'm told that just this month it was a crucial final piece of evidence that led the intelligence community to include that weinstein, lo porto, and the others were killed and it was only yesterday that senior administration officials delivered that news to the families. >> all right, jim sciutto, thank you so much. the white house says the u.s. intelligence officials believe with near certainty thatviously wrong. let's get more on the take from our senior white house correspondent, jim acosta. jim? >> reporter: it's never a good day at the white house when the president says mistakes were made. that's what he said today. president obama said he authorsedauthors ed authorized this discloseure as soon as they discovered they were the accidental victims of the drone strike last january. today the president personally apologized to the families of

those hostages, american warren weinstein, italian aide worker lopgiovanni lo porto. president obama made phone calls to weinstein's widow and the italian prime minister. as jim was saying this all unfolded back in january when the cia conducted that drone strike on the compound near the afghanistan/pakistan border. after what officials say was hundreds of hours of surveillance. the white house said intelligence officials said they had no idea hostages were in this compound. senior administration officials said weinstein was dead back in february but only confirmed his death within the last several days. here is what the president had 10 to say earlier today. >> it is a cruel and bitter truth that in the fog of war generally and in our fight against terrorists specifically mistakes sometimes dead lily mistakes, can occur.

but one of the things that sets america apart from other nations, one of the things that makes us exceptional, is our willing to confront squarely our imperfections and to learn from our mistakes. >> reporter: while the white house is not using the word drone in talking about the operation, they are defending the air assaults noting farouq and adam adahn was killed in the strikes. we understand the inspector general will be on the case as well as the intelligence committees. the white house confirmed today that the hostages' families will be compensated by the u.s. government for their losses. but after so many months and years of the white house really standing by the use of these drones there's no indication that they're going to step away from that. as josh ernest said earlier today at the white house briefing it's not like they can conduct an osama bin laden operation every time they want to take out a terrorist. these drone strikes will continue. >> he said he's not confirming

this was, indeed a drone strike. jim acosta thank you. joining me to talk more about this is senator lindsey graham, a leading republican on the armed services committee and we should mention he's a potential presidential candidate. so we are scrutinizing every word that you say. all right, here we go. so the president said mistakes were made. do you agree, and who made them do you think? >> i want to tell the president and his team, i do not blame you. i blame al qaeda for this tragic loss of innocent life. they're the bad guys. look at the program. learn from these mistakes and press on with this program. it has helped keep this nation safe. i do not blame president obama. i do not blame the intelligence community. let's learn from these mistakes. i blame the people who kidnapped these two men. >> he said and we heard from the white house today, protocols were followed. everything that was supposed to have been done was done. so now they're taking a look at protocols. we spoke earlier today with adam

schiff a democrat in the house, and he says he's not even taking that necessarily at face value. he wants to make sure the protocols were followed. >> all i can tell adam, who i like a lot, look at the protocols but this is a are war. name a war where we have not had collateral damage. we have killed american prisoners in enemies hands before because we didn't nope they had a troop ship had prisoners on it. at the end of the day this is a tough war we're fight inging having to make judgment calls, trying our very best not to kill innocent people. but if we do not go after these guys and make them afraid, keep their heads down, they are coming back here. >> i think americans are certainly familiar with the fact that in some instances there will be collateral damage. you cannot fight a perfect war. i think people will be asking should there have been more done to get warren weinstein released?

walking away are from the briefing today, you would have thought so much had been be done. we've heard from people looking into this that essentially he may have been given up on. >> i don't know what efforts we made to secure the release of these two guys but i do know this. they're in the hands -- they were in the hands of al qaeda in an ungoverned part of the world. we can't send navyknave s.e.a.l.s teams in every time. unfortunate you at times we have collateral damage. as to the two american al qaeda collaborators, they got what they deserved. if you're an american citizen thinking about joining cadeal qaeda you're subject to be killed and captured. you do so at your own peril. >> senator graham, stay with us you for a moment. we're going to turn to baltimore you now. we have live pictures coming in. and you can see we have -- it appears that perhaps arrests are being made. certainly we see protesters there scuffling with police and we see an arrest vehicle. let's bring in cnn's brian todd. he is on the ground. brian, can you give us a sense

of what's going on there? >> reporter: yeah this crowd just got very agitated because the police just arrested someone and put them in this paddy wagon. when they saw that they saw the police dragging a man -- not drag him but escort him across the street and put him in the van. they got very agitated. they started swarming the van. the police have been pretty measured in their response just kind of holding their ground and doing this gesture to push the crowd back. let's come over here. i'm not sure what's going on over here. they're basically confronting the police yelling at them over this arrest. it seems to be a singular arrest. >> back up, please! >> reporter: -- of one protesters. >> back up. >> reporter: the crowd is getting very agitated. they threw something at the police van here. so the tensions are really rising on the streets tonight.

this poelice van is getting out of here. and some objects are being thrown at police. and here they just got another man. easy guys. we're being pushed. if you can see what's going on, when they try to arrest someone, they are being swarmed by these protesters protesters. okay, ma'am, thank you. and some objects are being thrown. i'm not sure why that man was arrested. didn't see what he allegedly did. but when they try to arrest anyone regarding these protests you can see what happens here. police forming a cordon behind me. the crowd very very agitated. we were just walking up the street with them. they had surrounded a couple of

police vehicles and pounded on them but that's really the extent of everything they did at that point. once they saw this one man being arrested put in the van, then this other one being arrested got very, very agitated. we have some objects being thrown here. it's a very angry crowd. >> what's going on? >> okay brian todd stay there on the ground? be careful. please keep your eye on what's going on there. we want to you stay safe. we've been seeing a number of objects flying from the aerials and also just in the shots behind you. we're going to bring brian back in in a moment. first i want to get to cedric alexander. he's standing by to talk with us. cedric you were watching these pictures. what do you think? >> well clearly it has all the sights and sounds of a situation that's getting to be out fof control and i would hope that the crowd there would settle

down and give this investigation an opportunity to come forth, but people are growing very edgy there, clearly, in baltimore. but i'm in hopes the city will work its way through this tonight. >> okay. cedric you, of course, are the president of the national organization of black law enforcement executives. stay with us as we bring brian todd back in from -- he's there on the ground and, brian this is developing just as we speak here. give us a sense of what you're seeing behind us. objectviously the media is flocking to this ayeah where police are creating essentially a human wall as protesters have become upset over the arrest of protester. >> reporter: that's right. the crowd has now moved on from the scene of those two arrests. they had a tense confrontation with police a moment ago.

they have decided to move down the street. we are walking down the street with them still very very agitate this had crowd. they're very angry. clear willy very passionate over the whole freddie gray case. but it's the arrest of these two people that just occurred that has agitated them. i'm not exactly sure what led to that arrest. there have been objects thrown something clearly got the police involved in trying to and rehelped at least two suspects that we saw. so we're not exactly sure what led to those arrest ss. you see someone just climbed on top of the police car ahead of us there. they have been swarming police cars and pounding on them but not doing any real damage. every time they see a police presence here, they are really in the mood for confrontation. >> brian, as you listen to protesters there do you get a sense -- what are they saying to you? >> reporter: well they just give you a really palpable sense

of their anger over this case and of what they see as a continuation of police brutality in the city that has been going on for many years. we've talked about the lawsuits that the city has settled over the past several years totaling millions of dollars. lawsuits over police brutality. these people say that this freddie gray case is just part of that pattern. now the police say that they've made a lot of reforms over the past several years that they're retraining police to be just more responsible on the street. but clearly it's not to the satisfaction of these people. just seeing some people running ahead of us. i'm not sure what's got them a little more agitated. we're trying to follow as fast as we can. our photojournalist and i putting in some miles tonight as we did last night. last night these crowds we were with them for four hours, they just marched several miles through this city. it looks like they are really of a mind to do that again. >> brianed to ed to ed totodd stand by.

how do you handle a situation like this considering right now this is daylight and soon we will be heading into the evening hours, and i would assume that this could become even more ratcheted up. >> it looks like it's going to get worse and the problem here is that you have members of that crowd that aren't inclined to have a peaceful protest. they're throwing object ss at the police. they're inciting trouble with the police which will ensure that they get trouble with the police. and then that ensures that the rest of the crowd will become even more agitated. in a typical mob scene type situation, you do often see just an escalation and the group behave behavior or group thing takes on a mind of its own. in this case it's getting uglier and uglier. i think that at some point the police are going to have to exercise control before it gets even worse and people get hurt or killed. you just can't have anarchy on the street for a long period of time. >> at what point do they do

that? we saw pictures earlier as pro- protesters were starting to come into the area and you saw police create a human wall across a cross walk. they clearly wanted the protesters to be abiding by traffic law. they didn't want them getting out in the middle of the cars. but then what we saw was when protesters made it obvious they did not want to go around the police officers, the police officers acquiesced. they stepped to the side. didn't want to create a confrontation. at a certain point we heard from the police commissioner that's what they're doing, allowing them to protest. but then when do they say, no, this is now an issue of order and we're not going to put up with this anymore? and then where do things go from there? >> they're basing it on when does this become dangerous to the protesters themselves, the peaceful ones members of the public the businesses in that area if you start having looting or violence then things are going to have to change and the police are going to have to

do something. they can acquiesce up to a certain point but not to the point where people are committing violence and property damage against others. i think it's a judgment call on the part of the police of how much force and at what point, but certainly if the crowd doesn't deescalate this is going to get worse. >> okay. i want to -- we've reracked this inscident from moments ago. things really escalated very quickly. and i want to walk through this with you. what appeared to happen this was behind our brian todd who was reporting at the time police believe that this man is responsible perhaps for some sort of projectile is what it appeared to be because we did see objects being thrown. we don't know that for sure. we certainly saw a police officer almost fly at this man and then knock him down. so take us through this. >> well you know the police officers are going to know if there's an individual in the middle of the group that starts

throwing dangerous objects at the police they have to deal with that. they can't stand there and just let objects bounce off of the police officers or the people. they're forced into a situation. what they're trying to do in a tactical maneuver is surgically remove that one individual from that situation. get him into custody, into a wagon and away from the scene. but that's easier said than done when everybody is there watching and as soon as the police touch somebody they interpret that as police brutality and start becoming even more upset about what's going on. >> tom fuentes, stand by are for us. much more breaking news out of baltimore straight ahead. making a fist something we do to show resolve. to defend ourselves. to declare victory. so cvs health provides expert support and vital medicines. make a fist for me. at our infusion centers or in patients

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breaking news out of baltimore. this was moments ago. even now before the sun has set we are seeing protesters gather there very angry over the death of freddie gray who passed away in police custody. you're seeing what was peaceful protests have now become -- we've seen some violence. some arrests and a the lot of scuffles between police and protesters there. we are monitoring the situation where you see these tensions flair between protesters and police. so stand by for more on that. right now i want to go back to senator lindsey graham. we're talking about this breaking news we're following. president obama apologizing for what's believed to be the first time the u.s. accidentally killed hostages in a drone strike. he said it's a mistake, senator.

at the same time your message is to press on . this is a tool you don't want to lose in this fight. >> the men and women behind the drone program making these agonizing decisions, i know many of them. they're patriots. learn from your mistakes but can you imagine what kind of job they have and how hard it is. we take extraordinary lengths but i have no issue. i can talk about my issues with my president all day long but here the president handled this right. >> if you have the white house saying we have an independent inspector general looking at that also doing this internal review. >> and the congress is looking at it too. >> the congress is looking at it too, and you heard today from the white house the sense

maybe something could change, that they're open to dissecting the program. what might change and what are your concerns? >> i don't know. i'd like to hear from the experts. i've never seen more terrorist organizations with more men, more capability and more safe haven than i do now today so the last thing you want to do is overreact to this, shut down the program. >> what about pressing more on pakistan to do something? if you're not going to let off the gas pedal on this program what else can be done to make sure you're getting hostages as we know there are two who had a baby in custody? >> here is some advice to the president? don't pull all of our traps out fof afghanistan.

not only should we push them to do better we do have influence. the war is by no means over in afghanistan. it is in our national security interest to leave some troops behind to help the afghans not only to defend afghanistan but to defend us. if we have no footprint in afghanistan beginning 2017 it's just a matter of time before come back and afghanistan is here again. >> senator graham, thank you so much. we'll be chatting with you a lot in the days and weeks ahead, thank you. now back to baltimore where our brian todd was just there on the street as there was a scuffle that broke out. i know you're outside of the police precinct there. set the scene for us. >> reporter: we are at the headquarters in the west district of baltimore police.

protesters starting their marches here, ending their marches here. the protesters we were with a few blocks ago have stopped here and you see what they're doing. chanting freddie. this is about, i'd say, six blocks from what you witnessed. when they see police barricdes police out in force tonight, over the past several nights, they get more worked up. >> i think one of the concerns here as we go further into the evening, brian is that this is going to get worse. what are you hearing from protesters? what are you hearing from police? >> reporter: that they are just planning to march later on.

now when we follow them they don't seem to have a plant route. there is no route plan in place but they want to keep marching, venting their anger. last night they did it for more than four hours. we must have hiked five miles with these folks. they are doing it at the very sight of police officers. the gist of their issue they do not believe the police are giving them enough answers in the freddie gray case. they are not telling them how he died. this is what's frustrating this community. they already feel the police are targeting them unfairly. the police say they're

retraining officers. this has been a consistent scene. last night one protester jumped a barricade and they took him in. it didn't go any further beyond that. the scene certainly went further than that. there was a confrontation with police. more objects were thrown. they say they want to stay peaceful. they have been peaceful. this is one of those tenuous situations. >> former police commissioner leonard ham and former fbi director tom fuentes and the president of the national organization of black law enforcement executives, sedcedric

alexander as well as cnn anchor don lemon with us. you're watching this happen. it seems this is a recipe for a lot of kaychaos tonight. >> it looks like it, brianna. one of the concerns i have here is you see a deliberate decision by the police commission erer and possibly the mayor to put them out there with no extra protection. you don't see helmets, face shields, external tactical vests with enhanced body armor on them standing very nonchalant, in a nonconfrontational manner in front that have crowd. when you have someone throwing objects at them they're unprotected so they can't just stand there and let rocks and bottles be thrown at them. this is a calculated and i think dangerous decision on the part of the officials of that city to

put them in front of that crowd or any crowd unprotected. >> let me ask you about that. you see baltimore police made a different decision here to try to keep things low key but at the same time we've been seeing things thrown at them. what are your concerns about balancing the risk of being hurt with the risk of provoking something here? >> i think it was a good decision by the man, the police commissioner, whoever it was, to demilitarize the appearance of those officers. one thing we learned in ferguson police officers and their military gear also insitghted a

riot. i'm impressed with the discipline of those police officers. they're standing their ground. i'm afraid for their safety and the safety of the crowd, too. i'm very uncomfortable watching this. extremely uncomfortable watching this. i think it's the right thing to do to have that particular appearance the police officers have. >> you're uncomfortable -- you're uncomfortable -- we should mention you're the former baltimore police commission erer. you're uncomfortable watching this. what's your fear? my fear and i'm talking as a citizen of baltimore, my fear is that someone is going to get hurt. that's my fear. what i've seen is good

leadership. i saw mel rin russell out there involved in a scuffle and what i have seen him do is take command and lead them. that's what police officers need right now. they need leadership someone who is going to keep them calm focused and disciplined. i think if that happens with the police it will reassure the crowd some. >> cedric it's worth noting that you're not seeing city leaders marching with protesters. >> i lost the ifp. i got it back. >> don is getting ifp there. cedric we haven't seen the mayor stephanie rawlings-blake. she has been criticized. what do you think of that and why do you think we haven't seen city leaders deal with

protesters? >> i'm going to have confidence in the police that they have the appropriate personnel they need to pof forward should this turn into a more hostile situation. you do not want to overmilitarize this situation. i'm confident that the commissionerer and the leadership there are well aware of that. they are aware just as much as many of us are of what we learned out of ferguson. you have to handle this delicately and i trust they will be able to do that. this has been ten days now or more of nothing going in that occurred.

more language more of something comes out of this investigation. we must ask the community to peacefully protest. they will be taken and arrested and should be. this is not going to resolve itself through any violence. baltimore police have all the necessary resources available which may not be visible to you there but if they need to move them forward they will. >> and they have backup for baltimore police too. i want to bring in don lemon, one of our anchors here at cnn. the frustration and i just look at this sort of human wall of law enforcement around the precinct. i saw on the steps there you could see police videotaping the crowd.

we've seen things thrown throughout the day. the frustration here from these protesters is they don't feel like they have answers, right? >> yes, they should be pressed to give information but you're right. you see the white shirts. that's police brass. they're looking at the officers and protesters to gauge the situation so they can go back and re-assess. if you took down all the letters and words that are on our screen this could be ferguson. and so the same situation with the officers lined up in front of the police department that's what we're seeing now except we're not seeing the over

militarized part. also meeting with the family today and saying as the marchers are out there, what i have told the police department employees is to allow them to march, understand the outrage the pain and allow them to express themselves in their own constitutional way. so i believe the officers have been given the direction and are stepping back. let the marchers protest and have their say today. he told the officers to show a lot of restraint. if you've been watching us live officers had been showing a lot of restraint until that scuffle broke out. they're concerned about nightfall. >> not very long ago the swarming of this police car which at the time seemed very peaceful and the police came

over. then we saw scuffle where we saw people repeatedly throwing things at police officers. what do you think is ahead? >> and you're right. there is a rhythm to it. being on the anchor desk when this happened he is pegsespecially the protests here in new york city. swarming police cars gathering in large areas where the police wanted to move them. the concern is too many people will gather in one spot to block a police car or go into a place that he they don't want them to go. we must remember that the bulk of these protests have been peaceful. if you get a crowd this large, not even in a protest, if you're at a ball game what have you, something is going to break out

somewhere. it's just sad in this particular situation because there is an increased likelihood of violence because there is so much tension in the city of baltimore. now police have gotten the situation under control. as we know, brianna, both of us from covering this, anything can change at any second. >> don, stand by. we're going to brian todd this on the ground outside of the police precinct. give us a sense of what's been happening there. we saw people yelling at police officers. they're very angry. what's happened in the last few minutes? >> i just witnessed a scene because one of the police commanders here was whispering in his ear. and and then they parted ways. they appealed to the crowd to stop and appealing to others in

the crowd to stop throwing bottles and other things, water bottles, at the police saying that they want to make this peaceful. clearly there's been an appeal made by the police to the protest leaders identifying a couple of those leaders to say, look we'll, of course allow to you stay here and be here as long as you want but they are appealing for them not to throw objects. and since that period we've not seen any thrown. there has been an appeal here to the crowd to kind of tamp down their anger a little bit and stop throwing objects, but they are still angry, yelling loud complaints to the police officers. i heard one man say it's been -- shouts to the police officers saying it's been 11 days. what if it was your son? that's the level of anger we're seeing here. >> so much frustration and i do want to bring in now the attorney for the family of freddie gray andrew o'connell. he's with us now. can you first tell us how the

family is doing here? >> the family is still in the grieving process. they've collected the body of their son and right now you they're making funeral arrangements. >> so they're going through the very beginning stages here of dealing with his death and they must just be besides themselves. but i wonder as we are really lacking for answers here we have the video of freddie gray being taken to this truck in handcuffs, and then we know that interest there are several minutes before he was given any sort of medical attention. what does the family think andrew about what led to this severe spinal cord injury that ultimate lyly killed him? >> right now the family is still just devastated and traumatized by this entire ordeal. they want answered. as you said there are gaps in

time with regard to the delivery of medical care to mr. gray. the police still have not turned over the written statements given by some of the officers that were involved in the takedown and arrest of mr. gray. they'd like to see those. they'd like to have the raiddio runs, the police radio recordings that would give us a are more clear picture of the time line and what really happened. they'd like to see the knife that the police claim they recovered from mr. gray's pocket. they just have a lot of questions that need to be answered while in the middle of this grieving process. >> and it's so much for them to shoulder at this point no doubt. we heard one of the accounts from a man who actually shot cell phone video of this incident and he said that police actually folded freddie gray like he was a piece of origami. that was the description.

have you heard anything new from the medical examiner about gray's injuries? >> we are still waiting for the medical examinerer's report to be issued. and the family does not have any other information at this time. the video speaks for itself. there were several police officers on top of mr. gray at the time he was arrested. he was taken down and forcefully restrained which is contrary to what the police officers put in their written application for charges. the family wants answers, absolutely. >> andrew stand by. i want it to have a further discussion after a quick break. if you're taking multiple medications does your mouth often feel dry? a dry mouth can be a side effect of many medications. but it can also lead to tooth decay and bad breath. that's why there's biotene

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human hearts... [♪] the voice of the wild within. [♪] he's get more now with the attorney for the family of freddie gray andrew o'connell. we'll continue to sow you these live pictures coming to us from baltimore where protesters are very upset outside of the police precinct there. andrew to remind our viewers what happened with freddie gray he reportedly fled from police -- and it's really unclear why. but then police stopped him and they reported that they found a knife on him, which was

considered for, i think, ultimately some look at this example as someone who is committing, according to police reports, a rather minor offense and then this happens. they die in police custody. you have the police union, andrew that's saying all they needed was reasonable suspicion to stop freddie gray and officers had every right to chase him. what's your reaction to that? >> reporter: reasonable suspicion has to be evaluated in the context of the arrest. you look at the circumstances of this case he had no weapon in his hands, committing no crime and he wasn't hurting nobody. the police had no reasonable suspicion to stop or arrest him. >> okay. so i wonder -- and i know that you've said the gray family obviously they're dealing with just this initial stage of mourning the loss of freddie. but when you look at the facts that you have and you have the

video, is there a sense that perhaps this spinal cord injury that this happened because freddie was not seat belted in the police transport van? we've seen this before even ten years ago in baltimore where someone also arrested on a minor offense was not seat belted in and this is a moving vehicle. and ultimately a really similar thing happened. what do you think happened? >> well we've heard the police comment that something happened in that van, which i think is beginning a false narrative. we don't know what happened in the van. true. but what we know is what we saw on the police video, or the cell phone video of a brutal takedown of mr. gray more than one police officer on his back while he was screaming in pain. we don't have the medical examiner's report at this moment. but we hope to soon. and after that we'll have a better idea the nature of his

injuries. we don't know whether or not it happened in the van, while he was being taken down or perhaps while he was screaming in pain. so to speculate that this happened in the van is just that speculation at this point. >> and we don't know and there's so many questions that need to be answered. but we do hear in that video, we hear that he's asked for an inhaler. can you shed any light on that? did he have asthma or anything? >> i don't have any information on that other than he was a healthy 25-year-old man before he was taken into custody by the baltimore city police where he tied. >> his family hasn't told you at times he had an inhaler even though there wasn't one on him. you don't know anything about that? >> i don't have any information to tell you about that. >> okay. so at this point there are five out of the six officers who have given statements. one, you know using his

constitutional right has not. do you believe at this point the police are being cooperative in this investigation, especially considering we just heard this hour from if police commissioner who told his investigator to go back and do a better job? >> well look the police have a lot of questions that need to be answered. what was the reasonable suspicion, why were they arrested our client. these are pretty big questions that need to be answered. we would like to see the police statements like to hear the radio runs. all of that still needs to be turned over. we'd like to see the knife that they claim was found in mr. gray's pocket. we haven't seen any of that. so, yes, the police are conducting their investigation, but they have some answers that they can give now. the police statements were taken on april 12th. they're not getting any better with age. we would like to see them and check them for internal

inconsistencies. >> okay. >> but we haven't had that opportunity yet. >> all right. andrew o'connell, the family attorney for freddie gray's family thanks so much for being with us. we really appreciate it. and certainly we are thinking and praying for his family that is going through this difficult time. i want to get more on this. former fbi director and cnn and cyst tom fuentes, cedric alexander and we have cnn anchor don lemon. don, this was really interesting when we heard from the commissioner who said that he told the investigators to basically go back and do a better job at accounting for what happened throughout the days of these police officers. what do you think about that? is that pr? is that substantive? >> i think it is substantive. i think that he -- right now he's not satisfied with the information that they have.

and he wants to make sure that -- listen i'm not an attorney but i think because the mayor admitting that they didn't, you know, on national television admitting that they should have called for medical assistance sooner i think this opens the city to liability. i think he's trying to probably limit the exposure here. but also he wants to conduct a thorough investigation. there's not enough information right now. i think yes, we should glean from that that hey, listen police don't know everything that's going on even though they have gotten the stories and the testimonies, so to speak, from at least five of the officers involved plus the driver. >> tom, is that the wrong thing to do when there seems to be some sort of medical problem and there's such a delay in getting some sort of medical help whether it's you know you have the driver of the van who goes to pick up another suspect or prisoner who needs transport. and it sort of isn't treated seriously? what should they have done?

>> it's got to be checked out. if the officers have any reason to believe that he was hurt they should have stopped immediately and sat him down, let him sit in the still position while they call for the paramedics to come and treat him. but we have other misreporting about what happened in that van when they shackled his legs the al gags that he was creating a disturbance which would indicate that he didn't have a serious back injury or a crushed voice box. we just don't know that yet. until they release the information, we won't know. >> cedric you heard the family attorney there saying they want to see this knife that freddie gray reportedly according to cops had on him. there's a lot of suspicion certainly from this family from people in the community, they really wonder if freddie gray was doing anything and if she was just arrested not really for cause. >> well there's going to

continue to be a lot of suspicion until more information comes out in regards to what occurred. i think a lot of the speculation that's being made around this event, some of it may be right, some of it we're not sure of. but certainly what we see from the video is pretty clear and evident to us. but i think here again at no fault of the mayor or the commissioner or the leadership they can't give the community any more information than what they're being exposed to or given. i honestly believe they're not keeping anything deliberately from the community. it's just that this investigation is going to take some time and it's going to -- witnesses from various locations and various shots of video that's going to be taken. but i truly believe here that the mayor and the commissioner are committed to get to the bottom of this as they get more information. i am certain they're going to share it with the community. just right now, it just doesn't appear that a lot of information

is being moving forward the way we would like for it to be because of some of the issues that are in that environment. >> quick final question to you, tom. five of the six officers have spoken. one hasn't. when you look at that you read into that and you think, maybe this person isn't disclosing information, maybe they're not being forthcoming. >> may be. but it's their constitutional right to not speak. and i think people have misquoted the officer's bill of rights which really isn't applicable in this case. if an officer thinks that he might face criminal charges, he can use his fifth amendment rights like a normal citizen and never talk. if they do talk it's got to be the truth but they don't have to talk. >> considering the charges if i were involved in this i probably would not speak either. i would wait for my attorney to speak, yeah. >> take that right very seriously. gentlemen, thank you. don is going to be back more with much more on in from

baltimore on his program, cnn tonight at 10:00 p.m. eastern. you can follow us on twitter. tweet the show and be sure to join us tomorrow in "the situation room." thanks for watching us. "erin burnett out front" next violence breaking out on the streets there. an angry confrontation between protesters and police. we're going there live. it has been 11 days since freddie gray's arrest. we don't know what led to his arrest or how he died. a top official from the baltimore police department out front. an mrn hostage killed by a u.s. drone. how could intelligence officials not know he was there. let's go out front. and good evening, i'm erin burnett. we begin with t