>> five men who once took an oath to uphold the law are no murderous. john berman here for anderson, take a, look here they, are both back with a -- uniforms and now in their booking photos. justin smith, but emmitt martin the third, desmond mills junior, justin smith, demetrius haley, and tadarrius bean. all five now ex cops charged today with

killing tyre nichols, who died three days after a traffic stop in a violent arrest on the seventh of this month. all five, facing identical counts. official oppression, failure to perform a duty opposed by law, unauthorized exercise of official power, aggravated kidnapping while possessing a weapon, aggravated kidnapping causing bodily injury, aggravated assault, and second degree murder. today, in addition to the charges, we've learned more about what kind of officers they were, along with some details from the timeline of tyre nichols's deadly encounter with them. which tennessee's top state law enforcement official says are appalling to him. sadly, there will be more tomorrow when video described an excruciating terms by those who have seen it is made public. cnn's sara sidner is in memphis tonight with all the latest on all that, but also a closer look at who tyree nichols was and the life he lived. sorry, first, you know, what's the reaction in the city now that charges have been filed against the officers? >> i can sum that up into words, prayer full and peaceful. we're at a skate park tonight. this

is a place, skate park anywhere, that tyree nichols loved. it's where he felt the most free. but we have now heard that one of the officers is free, free on bond, paying a 250,000-dollar bond. there are five total officers all charged with seven major crimes. >> in memphis, candles burned for a life snuffed out. the life of 29 year old tyree nichols being remembered where friends say he felt the most free, a skate park. 12 years ago, nichols, seen here, doing what he loved. 12 years later, he ended up dead. officials say beaten by five men sworn to protect and serve. >> the grand jury returned indictments against all five with the same charges. while each of the five individuals played a different role in the incident in question. the actions of all of them resulted in the death of tyre nichols, and they're all responsible.

>> justin smith, tadarrius bean, demetrius haley, desmond mills, and emmitt martin the third were all fired from the memphis police department at now stand charged with these seven crimes. second degree murder, two counts of aggravated assault, two counts of aggravated kidnapping, official misconduct, and official oppression. and there is police body cam and sky camera video showing it all, something police will soon released to the public .

>> i'm grieved, frankly i'm shocked. i'm sickened by what i saw. what happened here does not, at all, reflect proper policing. this was wrong, this was criminal. >> attorneys for two of the former officers responded to the tbi's damning statement. >> when you heard that, what did you think and have your clients heard all of the charges against? >> i thought i wish i had seen that video said i could evaluate what he said. >> to say things like that when you have a tinderbox that we're all concerned about, i have questions about whether those are the right words to use,

whether this was the right timing, and whether the government should be saying those things about people who are innocent until proven guilty, when you know that's going to be broadcast to potential jurors. >> but nichols family wants people to know more about tyre nichols than how he died. >> nobody is perfect, okay? nobody. but he was darn near. my son was a beautiful soul and he touched everyone. >> nichols had his mom's name tattooed on his arm. he wasn't just a beautiful boy, he was also a father who loved having fun. his friend, who knew him in sacramento, told a local newspaper, he had such a free spirit and skating gave him his wings. he worked at fedex, but had other dreams. photography. in his own words, he posted, people have a story to tell. why not capture it? instead of doing the norm and writing it down and speaking it. it turns out, what led to his death was captured on camera. >> that's surfside who's back with. us sarah, you're at a ski part because we've all learned that something tyree nichols loved to do. what more have you been able to learn about that? >> you know, one of his friends told us that he was simply a free spirit. someone who did not conform to the stereotypes that black men have been put under in this country. someone who was just someone who enjoyed having fun and one of the places he really loved to hang out was a skate park. wherever he could find one. we

also know that he had a vice that many of us have, he liked to go to starbucks. that was his calm place. he made friends there as well and they all said this guy was just a really great gentleman. >> with a tattoo of his mother. sara sidner, thanks so much for being with us. keep us posted. now antonio romanucci, he's one of the attorneys representing tyree nichols's family. >> mr. romanucci, thanks so much for being with us. i'm sorry it is under the circumstances. how is mr. nichols's family doing, now that the officers have been indicted? >> well, clearly they wanted the absolute utmost charges and i think with what we see today, they're going to get that. john, i don't know the last time i've seen a uniformed police officer under the color of law being charged with kidnapping. we have to take that in and really soak that for a moment to understand the gravity of what happened here to tyree.

>> why does that have particular gravity with the kidnapping charge? >> well, you know, look, i've been thinking of all different ways to describe what happened on that video since it hasn't been released yet. and here's another way for me to describe it, which may give you some context. it was an mma fight, except there was only one side that was mma. you know, tyree was hopeless. he was defenseless. he was restrained. and that's why you're seeing the types of charges that you're seeing here from second degree murder to obstruction to aggravated assault, to kidnapping, because he was literally, his freedom was taken away from him. because he didn't do anything wrong. and the proportionality of what's happened here was so skewed that it only warrant at the highest level of charges. >> you just said it was like a

one-sided mma fight. you've also described it as mr. nichols being treated like a human piñata. those were your words. do you think memphis, the community there, is prepared to see this video, what do you have seen? >> they are going to have to be prepared, john. i think one way to prepare them is for us to be able to describe it, so that hopefully when they do see it, especially along with th e charges, that there is peace. that is the goal. should their voices be heard? absolutely. there is no doubt about that. but should there be anything but peace in the streets? correct, that's what we're looking for. >> what do you know about the traffic stop that took place that lead up to this? do you even know why he was stopped? >> no, we really don't and that's not anything that i'm saying. that's been with -- we don't know yet. we know that the police have said that this was a traffic stop, but we don't know more than that. and quite frankly, i can tell you right now, i don't know that it's just a justification that they're saying it was a traffic stop because we know that the saturation and suppression units to use a pretext to stop

in order to carry out this wolf, gang like mentality, this wolf pack mentality of policing. >> you have no specific knowledge that that's what happened here, you're suggesting, though, it's a possibility. >> it's only a possibility, that's correct. >> i understand the preliminary results of an autopsy commissioned by you and attorney ben crump and the family, those results are in. what do you know at this point about those results? >> so, here's what i can tell you about those results. the results indicate that what we saw on the video are consistent with the severe beating. and our independent medical examiner has authorized us to quote that the injuries are

consistent with a severe beating, meaning that the hemorrhage that was found was so deep that it could only because by want force trauma, which, again, it's consistent with a severe beating. >> i know you've got a lot on your plate, as the family. but lastly, does the family, at this point, intend to sue the city of memphis? >> well, i think a lawsuit is clearly on the horizon. i'm not going to tell you when that's going to happen. we have to complete our investigation and i'm hoping that the productive media that we had with the fbi, the doj, and the shelby county states attorney, that we've all committed to ourselves that we're going to cooperate with

each other. if that continues, because we all have a job to do here and that is to get justice for tyree. >> antonio romanucci, we do appreciate you taking the time to speak with us this evening, thank you. >> thank you. >> perspective now from our legal and law enforcement team to cnn's senior law enforcement analyst, charles ramsey, former d. c. and philadelphia top cop. and former fbi deputy director, andrew mccabe. our chief law enforcement and intelligence analyst, john miller, former and ypg deputy commissioner of intelligence and counterterrorism. and cnn legal analyst and criminal defense attorney, joey jackson. thank you all for being here. john miller, first to you. what stands out to you about the charges announced today? you heard tyree nichols's family, the attorney there, pointing to that kidnapping charge. >> well, the kidnapping charges certainly unusual because officers have enormous power and that comes with responsibility. but among the powers are to use force, to take people into custody, to handcuff them. when you're charged with kidnapping, when you're an on-duty police officer, someone in that process, the prosecution, determines you're not acting under the color of law anymore, if you've taken someone into custody and your with holding them and or beating them at the same time, not acting as a police officer, which is extraordinarily unusual. and if you look at this against similar cases. >> chief ramsey, to you. what's your take at the totality of the charges here? based on what we know about the video, none

of us have seen it at this point. but based on what we've been told, do you feel these are the right charges? >> well, i mean, i haven't seen the video, so it's really hard to say. what i've been going by more than anything, chief davis statements that she's made and dave rouse, both of whom i know very well, they are in people who would overreact to something. now, they have seen the video and that's been the response to it. and so, i'm sure that tomorrow, when we finally do get a chance to look at the video. i must say, when you look at the video, and i've done 100 of these things, in terms of use of force. when you have multiple officers, you have to take the time to try to isolate each officer individually and see what they are doing. when you look at the

bail that's set higher than the others. i don't know if that really has any meeting, but it could very well be that -- individuals were more active in this than the others. so, we have to really look at this probably over and over again before you get a real feel for it, but i have no doubt that they acted in a manner that is totally outside of any training, any policy, or anything else, or they would not have been charged with so serious offenses. >> the prosecutors also pointed out it was important what some of them at times we're not doing, which was stopping what happened. that played into the fact there were all charged identically there. andrew mccabe, as you know, there is also a federal civil rights investigation ongoing. how might that play out, given what we learned today? >> well john, we can expect that the u.s. attorney and the fbi folks who are conducting that investigation are likely coordinating very closely with their colleagues on the state

side, so there is sharing of information between those two parallel investigations. it's oftentimes helpful to have the federal investigation and potential federal prosecution kind of has a backup, in case things don't go well with the state level prosecution. i have no reason to believe that will be the case here, but it's always helpful to have another option to move against a particular offender. and from all the reactions, as chief ramsey said, the reactions that we've seen to the video are so strong, you know, i think there's probably good likelihood that you will see a follow on federal prosecution for violations of tyre nichols's civil rights. >> and again, we do expect to see this video tomorrow night. tomorrow night at this time, we will all have seen. it presumably joey jackson, you, putting you on the spot because you have not seen it yet, i'm also putting you on the spot as a defense attorney. we've heard from the attorneys for the officers, former officers, today, but not much about what it might defense might be. what do you think they could use as a defense? >> i think it's going to be, again, not pre-judging, we

haven't seen the tape, but from all indications, it's heinous and certainly inhumane. that's what it's been described as. it's not only the tape, john, it's the autopsy, right? and the autopsy, the revelations of that are certainly significant with respect to the bodily injuries, et cetera. why do i say that? to your question, the defense has to be predicated upon actions that are reasonable. in the event officers were to defend on the grounds that they were in immediate fear of death or serious injury, what specifically was he doing, right? mr. nichols doing that would have you in that imminent fear. then the next question becomes, where your actions as an officer proportionate to whatever threat you perceive that was posed to you? then the final thing would be, did you act reasonably and responsibly? so, any type of defense is going to have to be predicated

around those things and if the actions were unreasonable, it's going to be problematic. last point, you could look at this and as -- we base things upon precedent. star -- it has been decided. you look at a case like rodney king, how did they get out of that? they put officers in defense, they were able to justify every blow with respect to the conduct of mr. king at the time. in an instance like this, particularly where there are indications, john, that he was handcuffed and didn't represent a threat, how would they overcome that? so, these are all things that i'm going to be looking for and analyzing when i look at the tape tomorrow. >> it sounds obvious, but the defense may very well depend on what exactly is on that video, down to the minute detail. >> guys, stick around, if you all will. we'll take a short break, next more on what happens tomorrow night on the video what was done to tyree nichols was made public. and later, new questions surrounding the line congressman, what george santos told a federal election officials who is now in charge of some of his campaign money, a man who says to his lawyer, a man who says to his lawyer, hey, wait a minute, i am not. and we know 80% of couples sleep too hot too cold. introducing the new sleep number climate360 smart bed. the only smart bed in the world that actively cools, warms,

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what we learned do our extensive and thorough investigation. >> that's more from david rouse the director of the tennessee bureau of investigation from whom you heard from at the top of the program back now with our panel, andrew mccabe, first to you, based on the severity of the charges alone, the tone from david rausch, who chief ramsey was speaking about earlier, what do you expect to see on the video tomorrow night, given alderton about it in a way what must be on the video. >> john, i think the first thing that jumps out to me is the consistency of the charges against all five defendants are exactly the same. so that alone tells me that you're going to see a high degree of participation of guilty action by all five people involved. that's not the typical thing we see in these videos. there's usually one primary actor, one or two, some who participate partially and then others to stand back and watch. here, you have everyone charge the same way, it suggests that they're all engaged in some violent behavior, and secondly, it's just the profound reaction that we're hearing from some very experienced career law enforcement people, the police chief, the tbi chief, they are clearly affected profoundly by what they saw on that video, that signals to me that i think it's going to be horrifying. >> so, chief ramsey, you are on cnn earlier this day and said that the race of the officer

should not make a difference in any other. people should not die in police custody period. no one would ever dispute that, but do you think the fact that all five of these officers in question are black will have any impact on how the community, maybe the entire country, will process this? >> i think the community in general will be very upset once they see this video of the race that the officers will not play a role in the. i think, if anything, the swiftness in which public officials acted in this case, police chief firing them within a relatively short period of time, the shelby county states attorney taken action today, these things, i don't know if you would have seen that a year ago, at least not having officials move this quickly. i think that went a long way or will go a long way in kind of keeping things a little calm. i am concerned about them releasing the video on a friday night at 6:00. i would've advised against that. in my opinion, it should have been released immediately after the state's attorney had his press conference, get out there, but on friday night, to me, it seems like it's not technically very sound decision. we will have to prepare for the protests that will follow.

>> john miller, what about that? we have been talking a lot about the process here, and i want to remind people that there is also tyre nichols, none of this will bring tyre nichols back. the process and how it's been handled since will not do anything exactly for the family, but in terms of the timing, the police release and the charges and the video tomorrow night, how would you assess that? >> i think they have gone back and forth. i had known they've gone back and forth on the dates and sequencing between the announcements of the charges and the video, and it was really the day before yesterday when they decided to separate them by 24 hours. i believe the russia now is, let's get the charges to show people justice is being done, and then let's use the next 24 hours to try to do that community outreach and get everybody on board with, let the process go forward, and if

you will protest, do so peacefully, so that they can go into the weekend with some level of confidence and have a handle on it. that's interesting, memphis seems to be very calm, other cities, new york, l. a., chicago, los angeles, also atlanta in particular, also expect protests. they are concerned about the friday going into saturday factor that the chief mentions. >> we'll see what happens, see if we're correct on this. joey jackson, back to defense, because we talk during the break about this. i do think it's interesting. there are five officers with identical charges, former officers facing that now, that does not mean that all five defenses will be identical, or does it? >> it does not mean the, but what is telling, john, is that all of the more charges the same thing, why? we have as defense lawyers, a defense, and it's illegally proper defense that mere presence is not enough. what does that indicate

to you? it indicates to you that when the videotape is released, is going to show conduct on the bree half of every single participating officer that they were engaged in the activities that would be deemed to be unlawful, that those activities were acting in concert, that they were al l participants in the beating, that in and of itself is very

significant. obviously, depending upon where each officer was positioned, based on the level of their, if any that they felt, the conduct that they engaged in or the lack thereof, they will justify what their defenses, but the fact that all of them were charged with the same thing means to me that upon examination of the videotape, authorities felt that each of them more cuba, responsible and accountable for what we're going to see, learn and here when we see the video tape upon release. >> joy jackson, john miller, charles ramsey, andrew mccabe, thank you also very much. you really all helped understand this much much better. just ahead, another george santos mystery, another attempt to quite literally chased down and answer. we have his latest dodge, this time about his campaign finances, plus an in-depth look at what we do know and know about his life. that is next.

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>> still more questions tonight about congressman george santos and his finances. an attorney for a wisconsin political consultant says, his client was wrongly listed as the santos campaign treasurer in new fcc filings by the campaign this week. he was asked to do what the attorney says, but his client turned down the job, and yet, somehow, he was listed as the committee treasurer on official papers. our manu raju try to get answers out of santos on capitol hill today.

but >> mr. santos, you listed the wrong name of a treasure. why did you list the wrong name of your treasurer? on your campaign finance forms. >> i will have a conversation with you become when you become a better, honest reporter. >> i'm asking you honestly. why did you lie about -- >> your lying to the american people. when you stop lying to the american people, that reporting, i will start talking to you. >> so you are actually on the volleyball team, is that? right in college? in beirut college, is that true? is that true? >> there's a lot going on. they're >>

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young lady who was, you know, mid 30s, couple of kids, recently went through a divorce.

she had a lot of questions when she came in. i watched my mother go through being a single mom. at the end of the day, my mom raised three children, including myself. and so once the client knew that she was heard. we were able to help her move forward. your client won't care how much you know until they know how much you care.

on that ahead of they don't, then a defense move on the day. >> because that may be one of the solid data points, other things might end up being subjective. there is the issue, and 9-1-1, call it told the operator they checked his son and his wife, for places -- he might've wiped it on a shorts, or something. i also think the blood evidence might not go on way or the other, it's not like he wasn't there, or there could've been blood that he wiped or drops of blood and shorts. i think frantically, john, it's really gonna come down not only to the paper, but also the

shell casings, i think that's gonna be very critical. >> where the shell casings were on the property, that they, were physical evidence here. prosecution, though, is leaning into motivation. the possible reason why he would've done this, cover up crimes they say allegedly. what they needed for their argument. even though motive, don't see that in the statute, as far as burden of proof, average insurer on a panel, most of them watching, want to hear about the motive. you have to prove motive but you have to give history a reason why he would've slider to family members -- that it's not a proof requirement, that to come up with something compelling. and all they really have is this shell game taking away

from my view. my family has been slaughtered, and then the idea later on the day my people to get into, this vein suicide attempt by him and he is that if that gets to the jury is gonna get a much clearer view, i've who murdaugh is at this potential first degree murder. >> yeah, it's a more complicated, case more twisting and turns, even though the storm has more twists and turns you can ever imagine. >> margaret, america chamois, nice to see. we're gonna return to a top, story ahead, murder charges for the death of tyre nichols, the officers charged with killing him five former police officers, in videos of that violent arrest will be released last 24 hours. we're gonna speak to a former police captain and a top u.s. civil rights official on where this investigation goes next. every time she experienced something new, her stack of hats grew. she even served turkey legs with what's on tap,

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