city following the decision not to indict a white cop for killing a black man. they will now conduct a federal investigation into his death. he was killed in a altercation with cops. much needed rain sweeping across drought stricken california for a second day. the mountains east of los angeles getting more than 8 inches of rain. there are fears of flooding and mud slides however. experts say it would take many more downpours to pull the state off the drought. i'm robert gray. "hannity" starts right now. welcome to "hannity." this is a fox news alert. a grand jury has cleared new york city police officer daniel pantaleo in the head lock death of eric garner. it all started when garner was

stopped on suspicion of selling loose cigarettes on staten island in new york back in july. and officer pantaleo was caught on tape putting him in a headlock. watch this. >> i'm minding my business, officer. i'm minding my business. please just leave me alone. i told you the last time, please just leave me alone. don't touch me. don't touch me. >> put your hand behind your back. >> i can't breathe. i can't breathe. i can't breathe. i can't breathe. i can't breathe. i can't breathe. i can't breathe. >> once the decision was announced, protest erupted in new york city. take a look. >> i can't breathe! i can't breathe! i can't breathe!

i can't breathe! i can't breathe! >> we want a public trial. we want a public trial. we want a public trial. >> and just about two hours ago the family of eric garner attended a press conference with none other than the rev rand al sharpton. he's at it again. take a look. >> how many people have to die before people understand this is not an illusion. this is a reality that america has got to come to terms with. and no amount of secret grand jury with local prosecutors that put up evidence we do not know is going to stop people from raising the questions and

demanding the answers. >> here now is fox's own jonathan hunt. he is in the middle of the protests here in new york city tonight. jonathan. >> reporter: sean, we are right now in front of a group of i would say around 300 protesters. you hear the chants that has become so familiar since ferguson, hands up, don't shoot. these protesters have not been violent in any way. there's been an entirely peaceful protest among this group at least. but it has been, sean, i have to say deeply disruptive. we are now walking down broadway through the center of new york on the upper west side right now. a four-lane highway as you know in both directions and it is completely blocked by these protesters right now. earlier they were out on the west side highway and even bigger five lanes either side highway that was completely blocked. the police are generally as much as they can keeping these protesters moving.

they have not allowed them to call for any more than about one minute at one time. we have not been witness to any arrests although we understand there may have been a couple during the brawl near the tree lighting ceremony in new york, iconic annual tree lighting ceremony earlier tonight. we did not witness any ourselves. and as i say, sean, so far this is clearly an angry protest, but it has not been a violent one, sean. >> jonathan, if you can hear me, i don't know if you have a chance to maybe talk to one of the protesters because they're chanting, hands up don't shoot. in the case of michael brown you have six black eyewitnesses that have said that he was charging. one witness described it as charging at officer wilson like a football player with his head down. ask them if they're aware of what the eyewitnesses testified to in that case before the grand jury? >> let me see if i can get one of these protesters now, sean. hold on, one second. ma'am, can i talk to you?

we're live right now. what are you so angry about? >> we are very angry about the verdict that the man that killed eric garner is now not being charged with murder. >> he needs to be indicted. >> talk to me too about the michael brown case. in the michael brown case there were many eyewitnesses who said that they saw michael brown turn and charge the police officer. those witnesses in many cases were african-americans. so why is this a race issue? >> it's a race issue because i feel -- i don't know, honestly. >> if michael brown was white, it would not have gone down the way it went down. i can say that for sure. >> so despite the fact there are many african-american witnesses saying michael brown was charging at the police officer, you still say this would not have happened had he not been an african-american and white police officer. >> this would not have happened at all. >> sean, that is the answer to the question. they believe this shooting would

not have happened had michael brown been white. that's the answer to the question you're asking about those eyewitnesses, sean. and this protest now halting again, which the police as i have said do not like. they will keep this moving. but again, sean, we have to emphasize that this has been throughout the evening an angry, impassioned but peaceful protest, sean. >> jonathan, stay right there. we'll be going back to you throughout the evening tonight. we turn to fox's own rick leventhal from staten island with the very latest tonight. >> reporter: a very different scene here, sean. we're at 202 bay street. this is where eric garner died on the sidewalk back on july 17th. there's a makeshift memorial here with candles and flowers and signs. there is a small group of supporters. a larger demonstration earlier, but very peaceful throughout the day and throughout the night thanks in large part to eric garner's stepfather, ben, who had been here throughout the day and remains here tonight.

he has been very vocal with the community about demonstrating peacefully, about not causing trouble. he told me that he was shocked and disappointed by the grand jury's decision. that he believes charges should have been brought. that the officer daniel pantaleo should have been indicted and should have been criminally charged. he said he hopes that the federal case will in fact bring charges. and he also says he hasn't had a chance to speak with the d.a., daniel donovan, and that he heard the news about no indictment on the street. eric garner's mother and widow also appeared earlier at that news conference with al sharpton. and eric garner's widow says she does not accept the police officer's condolences. >> hell no. the time for remorse would have been when my husband was yelling to breathe. that would have been the time for him to show some type of remorse or some type of care for another human being's life. when he was screaming eleven

times that he can't breathe. so there's nothing that him or his prayers or anything else would make me feel any different. no, i don't accept his apology. no, i could care less about his condolences. >> of course officer pantaleo still faces possible sanctions from the nypd. there will be an internal investigation. he also faces possible civil rights charges. a federal investigation will begin. and the family of eric garner plans to sue the city we're told for some $75 million, sean. >> rick in staten island tonight, thank you. joining us with more on the ground here in new york city is wnyw reporter jennifer lemars. i can see you're in times square it looks like -- or maybe rock center. >> reporter: yes, we are at 30 rock here. for the lighting of the tree. i mean, normally this is a very festive, happy occasion here in new york city every single year.

but this year you can say it definitely took on a radically different tone. there were hundreds of protesters especially on fifth avenue marching largely down the perimeter of rockefeller plaza shouting no justice, no peace. also, i can't breathe, which were the final words of eric garner before police took him down on staten island. overall as i mentioned very, very peaceful protests. it was a vocal crowd. you had people holding up signs. and we do know of several people who were arrested, a number of people actually who were arrested mainly because they had been blocking traffic in the street, which made it very difficult for traffic to move through. as long as the protesters were on the sidewalk, it wasn't a big deal. but they got inside the road and that's what happened. so you did have a little bit of a struggle out here for police because you have a number of spectators, thousands of people coming in with their children, with their families. so keeping everything calm and

in order was extremely important for police out here. i do know that more protests are expected here in new york city tomorrow. so i was told officers will be stepping up security in a significant way getting ready for those protests that should be happening for a second day here in new york city tomorrow. sean, back over to you. >> jennifer, thank you. meanwhile new york city mayor bill de blasio addressed the grand jury's decision during a press conference in staten island earlier this evening. the mayor got extremely personal when he brought up his son. take a look. >> we've had to talk to daunte for years about the dangers he may face. good, young man, law-abiding young man never would think to do anything wrong, and yet because of a history that still hangs over us, the dangers he may face. we've had to literally train him as families have all over this city for decades in how to take special care in any encounter he

has with the police officer who is are there to protect him. >> joining us now with much more we'll get back to mayor de blasio's comments, former lapd detective mark furhman. mark, what makes me so angry about this case, why are police officers ever arresting anybody for selling cigarettes in a city where you only get a summons if you're caught smoking pot? now, the tax on cigarettes between the city and the state is $6 a pack. the government is created a black market for cigarettes. and then cops are told because it increases the city's -- to go out and arrest people for selling cigarettes. how stupid is all of this from the get-go? >> well, sean, you know, you can tell from the video that these officers are in a soft clothes detail, like a vice detail, where they deal with, you know, things such as petty drugs, prostitution, gambling, selling

illicit food, drugs, alcohol. and this is one of those small items. they're not out there just specifically for this. but it's almost not an issue. the issue is is he has become a problem that has gotten complaints from citizens and business owners. they are responding to those people to actually enforce the laws that are in place so legitimate businesses can make a profit. that's the long and the short of it. >> i understand. he's been arrested nine times -- 31 arrests, nine of them are for selling "untaxed cigarettes." it's absurd to me in a city where you get a summons for smoking pot. there is -- if you want to understand though the grand jury situation here, nobody in the media's gotten this right. because it may sound technical. it may sound like semanticseman there's a big distinction between a chokehold and a

headlock. how would you describe what is happening on the scene in terms of the police officers, there's a resistance, and they take him down. how would you describe what they did there? i would not use the term chokehold as a martial artist student. i wouldn't use that term. >> well, sean, i've been involved with chokeholds probably the first 13 years in my career. and i've applied it on hundreds of people. so i know that when you see what the officer from the rear of the suspect was doing as he was trying to facilitate a balance of the suspect being pulled rearward so they could get him on the ground because of his size. i understand that part. that wasn't a chokehold. it wasn't tied up. the arm came around the neck. >> i want to get more evidence -- i want to see the evidence in this case like we did in ferguson. because while it may sound like a small detail, i want to know how much the jury heard about chokeholds versus headlocks. because a chokehold is illegal.

a headlock is not illegal for the police to use. a chokehold would be go after the carotid arteries here and squeeze and if you do it right within 16 seconds you will choke somebody out and they will be unconscious. if you go for the trachea or windpipe, you can literally kill somebody, that's illegal by every police department standards. it may sound technical, but it really isn't in this case, is it? >> no, it is very technical in how it's applied. and it's usually -- you have to use both your arms to tie it up to actually apply it. and what looks like when there's the grappling on the ground, it looks like that there's a tie up in a carotid type chokehold, but it could very well be a headlock where the officer has no other opportunity to try to control the suspect. what's really important here, sean, is when does the suspect just let loose and comply? when does he give up? he can scream all he wants, but

if he's not giving up, then they can't relinquish their power. they can't allow the suspect to get any kind of, you know, foothold or actually get back on his feet. that's the problem here. and this is what you're talking about. in the transcripts what's the testimony of the officers and the witnesses? >> all right, mark, thank you. when we come back, we're going to continue why i'm so angry in this case. and similarly we're going to examine why the grand jury came to the decision that they did. we have bo deitl, dr. michael baden, all here to weigh in on the decision not to indict. dr. baden actually reviewed garner's autopsy. we'll talk to him about that coming up next. later tonight, our question of the day, has the rev raend al sharpton been irresponsible in how he's handled both the ferguson and new york city grand jury decisions? head on over to facebook.com/handy. you've give your answer, i'll give you mine coming up at the end of the show.

welcome back to "hannity." this is a fox news alert. earlier today inside new york city's grand central station, demonstrators staged a so-called die-in to protest the grand jury's decision not to indict the nypd officer who placed eric garner in a headlock to place him under arrest. joining me is forensic pathologist dr. michael baden hired by the garner family to review the medical examiner's final autopsy. fox news senior correspondent geraldo rivera and former nypd detective bo deitl.

before i say anything, my level of anger over this stupidity. we have limited police resources. we have crack dealers. we have heroin dealers. we have rapists, and cops, i don't blame them. they are told they have to go out and arrest people, there are complaints made over a freaking cigarette, geraldo. that is beyond stupid to me. >> this was a chump charge. this man never should have died as a result of this encounter. i also believe -- i've waded through two demonstrations to get here just now. i hugged the cops. i love you guys. i love you for everything you do. >> you walk around like a rock star, you and bo. >> but not the predominantly -- and had been in the bronx, this officer would have been indicted. >> disagree. i want to see the evidence, bo deitl. >> listen to me, i've done this thing, many times. i'm 5'8" and i've had to take guys down 6'2", 6'3" i've had to

take guys down scores of times. problem here is he was still talking when he was down. if it was a chokehold, he would have been unconscious on the ground. let's face it, hearts go out to that family. there's a dead guy here. shouldn't have been. but in reality if he put his hand -- he was being arrested. and the cops are there for a reason. there's calls -- >> but -- >> for selli inin ining cigaret >> hang on. the way you do, you got to lock in and go for the carotid artery -- >> way too macho. >> it's not just technical. because i will bet you that when we get to see the evidence what the grand jury heard, i bet you they heard a lot about chokehold versus headlocks. dr. baden, you got to examine. >> first of all i agree that it's silly to go after somebody for selling single cigarettes to a community of people who can't afford to buy a whole pack of

cigarettes. >> $6 in taxes for one pack in new york city. >> i think the autopsy itself, the medical examiner did a great job on this, 27 pages in the report. and the female -- she found that there were ten hemorrhages on the inside of the neck, in the muscles of the neck. pe tick yal hemorrhages in the eye, hemorrhage on the tongue. and those are all evidence of neck compression. you're right, chokehold has many different meanings. what we're concerned at autopsy is the pressure on the neck. there were pressure on the neck and pressure on the chest. >> i don't doubt it. this is a big guy. >> and pressure on the chest that interferes with the lungs expanding. >> but -- >> and hands on the face and nose. so he couldn't breathe. >> he's still talking does that impact the ability to talk if he can't breathe? >> you can say i can't breathe. >> okay. but they also mention the fact he was asthmatic, had heart

disease and obesity. it's a high stress situation here. >> right. >> here's where i want to ask you this question. i grant you any arrest that's caught on videotape, which again for a cigarette is insanity to me, is going to look violent. but when we get to the legality here, if there is a technical difference and a very specific one about going for the carotid artery, going for the trach and that being a chokehold illegal versus headlock, legal, that's where the grand jury made their distinction. >> we used to have night sticks. remember that? we used to come up behind a guy and say -- that's a choke. couple minutes you get them down. my whole thing here is that cop never -- and that grand jury heard it, he never left that day with any intentions of this man dying. it's a terrible accident. so when you get these people outside -- i don't see that. the intention was to bring -- >> if you and i are messing

around and you end up dead, i can be indicted -- >> the intention's not there. >> geraldo, let me ask you a question. >> was he probably negligent? was this cop probably negligent in the way he applied force to this victim? >> no. >> let the jury decide then. >> we have a grand jury process. >> by a headlock like that, brought a guy down and he dies -- >> outside the context of race. a white grand jury puts themselves in this cop's shoes. a black grand jury will put themselves in the victim's shoes. that's the harsh reality of american justice today. >> did he resist arrest? >> yes. >> if somebody resists arrest, what can you do? >> totally unsavory character, a pain in the neck, a public nuisance, that's why i want my taser, get the taser, get shock, put the cuffs on him, 15 seconds later he's awake. nobody's dead. >> there's no comparison -- >> no comparison.

>> this is a -- >> while we're talking i want to take a live shot out of oakland, california that is coming in now. you can see protests have expanded beyond new york city. that's a live shot. we'll go down to the ground there in a few minutes. dr. baden, i saw you wanted to weigh in on this discussion. it may sound technical and like semantics, if one hold is legal and the other is illegal, that's a big distinction. >> that's a big distinction but in this case doesn't make a difference to me. when we're looking at autopsy findings, whenever we call chokehold, headlock, there's enough pressure on the neck to prevent the blood flow you talked about. >> right. >> to prevent air flow. and pressure on the chest and face so that when he's saying i can't breathe he's telling the truth. >> he said it eleven times. >> and he died of not being able to breathe. >> but from the standpoint -- i understand there's an autopsy, you're going to do this. >> right. >> but if a grand jury's looking at this legally and a police officer's trained and he's told this choke is legal, this one

isn't, this one's -- >> the new york city penal law you can use a chokehold. it is not illegal. the department policy doesn't want you to use it. >> i agree with bo on that. but when the guy says he can't breathe -- >> you let him up. >> he was in a chokehold before. >> that's not negligent? the cop didn't go to kill him. >> not at all. when the cop went to the grand jury he said my intentions were to bring him down, not hurt. that's what it was. this is a terrible accident that occurred with this man. it is not an intentional murder. >> i'm not saying it's a murder. >> hands up and -- >> criminally negligent. >> no, that's too far. you're going too far. >> that's as low as a homicide gets. >> i don't believe this should be a homicide is by another, am i right, doc? >> i love bo dietl, but

geraldo's right. >> where was the emt? it took four minutes for them to get there. >> that's another issue. why didn't the emt -- >> on greta they might have thought he was still breathing when he wasn't? >> no, after he loses consciousness he still breathes for a few minutes before his heart stops. >> but they might not have known he was unconscious. >> well, he stopped struggling, he stopped saying i can't breathe. the problem is when there's more than one cop on a person, they may pull each other and not know that the person is -- but what i'm saying -- >> we've got to take a break. as you can see we have protests emerging now out of oakland, california. we'll go there and back to the protest in new york city. more with the panel later this hour. but also coming up tonight after the grand jury's decision not to indict the nypd officer, america's top cop eric holder announced the federal government is announcing a civil investigation into eric garner's

death. stay with us on this busy news night.

this is a fox news alert. attorney general eric holder's announced that the department of justice will open a civil rights investigation into the death of eric garner. take a listen. >> good afternoon. i spoke with the widow of eric garner to inform her and her family of our decision to investigate potential federal civil rights violations. i've also been in touch with president obama as well as mayor de blasio regarding our decision. now, prosecutors will conduct an independent, thorough, fair and expeditious investigation. >> let get this straight. so holder's going to investigate this case in which the grand jury has clearly made its decision. but when it comes to the violence in ferguson, missouri, he won't look into michael brown's stepfather for saying this. >> burn this [ bleep ] down.

burn this [ bleep ] down. burn this [ bleep ] down! burn this [ bleep ] down! burn this [ bleep ] down! >> while we're talking about ferguson, what about the arsonist and the looters that destroyed dozens of local businesses? why isn't he bringing them to justice? joining me now with reaction the author of injustice, exposing the racial agenda of the obama justice department. former d.o.j. official j christian adams. welcome back. we have ferguson. we have trayvon martin. now we have this case. it seems that every time eric holder's justice department doesn't like a decision they say, well, we're going to have a civil rights investigation. but isn't that a second bite at the apple? and isn't that a much higher barr and he recollects standard beyond for example probable cause in a grand jury? >> well, sean, of course under federal law you can have separate sovereigns prosecuting

the same act. you can have a federal civil rights charge after a state declines to prosecute. but what's really going on here is an enormous hostility toward the police by this justice department, by eric holder prejudging the facts of ferguson, by police misconduct, sean, in a case against new orleans police officers, by justice department lawyers who will be investigating in new york and ferguson, they were found to have lied to a federal judge to have rigged a case against cops. so this is a justice department that has enormous hostility against the police. >> yeah. and they're going to move forward. now, let's talk about the standards or the barre that has to be met. you have to prove that somebody in this case, say a police officer in ferguson, a police officer intentionally tried to violate the civil rights of the individual involved. how do you prove that? >> well, that's going to be tough in ferguson, i can tell you that. when the police officer was in fear of his life.

in new york they're going to have to show that there was a conspiracy to violate civil rights. those cops made an instantaneous decision to stop this guy from enjoying a civil right to stand on a sidewalk. that might be very hard to do too. they don't have to prove a racial intent. they can do it by showing a conspiracy to deprive civil rights. there's going to be all sorts of rebuttal evidence. that's what makes this case so hard. >> what's frustrating is there are so many people out there, a lot of chanting going on for example stp, blank the police, black lives matter, people united will never be defeated, no justice, no peace. what do we want, justice, when do we want it, now. hands up, don't shoot. and i can't breathe. that's what they're saying. now, mayor of new york city, comrade de blasio -- sorry, that's his name. he actually said we're dealing with century racism. i want you to respond to this when you hear this. >> we're not just dealing with a

problem in 2014. we're not dealing with years of racism leading up to it or decades of racism. we are dealing with centuries of racism that brought us to this day. that is how profound the crisis. >> in ferguson black eyewitnesses said michael brown charged with a football player with his head down, one said. in this case de blasio is saying what we're dealing with is centuries of racism. is there any evidence of racism in this case that you see? >> no, but sean, that doesn't matter. we've entered an era where truth doesn't matter. there's something bigger going on here. these are attempts to delegitimize the system, the system of justice in this country and america by invoking this history that is way in the rearview mirror. these are folks that want to always blame law and order. they're always on the side of the lawless. it's a bigger battle than just what happened in ferguson. it's an effort to delegitimize

the american system of justice. >> thank you so much j christian adams. appreciate your time. we have a lot more coming up. we're going back to the streets of new york city. but first, why is no one demanding justice for the victims in last week's ferguson protests? what about the store owners whose businesses were destroyed? michael brown's family attorney darryl parks will be here to answer that very question and much more. his reaction to the grand jury verdict in new york and much more tonight on "hannity." ame's, and i quit smoking with chantix. i had tried to do it in the past. i hadn't been successful. quitting smoking this time was different because i got a prescription for chantix. along with support, chantix (varenicline) is proven to help people quit smoking. the fact that it reduced the urge to smoke helped me get that confidence that i could do it. some people had changes in behavior, thinking or mood, hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix. some people had seizures while taking chantix. if you notice any of these, stop chantix and call your doctor right away. tell your doctor about any history of mental health

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more. >> reporter: yeah, sean, we are now in what i would say about hour five of this protest. it began essentially here in times square. we are now back in times square. this protest moved from here. they went to the tree lighting ceremony, across a couple blocks at the rockefeller center, the famed new york city tree lighting ceremony. many of the protesters had said they wanted to disrupt that tree lighting. they were not able to because of the efforts of the new york police department. thousands of cops have been on the streets throughout the night. they led this group past the tree lighting with minimal disruption. we have also seen minimal violence i have to say, sean, as thee protesters, around 300 of them have done something like a five-mile loop through the streets of manhattan. it is certainly being deeply disruptive to any tourist trying to get around to a lot of commuters trying to get home out of the new york city tonight,

but it has not been violent. there was one small brawl that we saw very near the offices of fox, near rockefeller center earlier. that was very quickly broken up by the nypd. and for the most part what we have seen and what you can hear now very clearly, sean, is the passion of these people. hands up, don't shoot the familiar refrain we have heard ever since the shooting of michael brown in ferguson. no justice, no peace another of their slogans. as i say very passionate they are clearly very angry at what they see as two injustices in the case of michael brown and eric garner, but they have not thus far been violent. it also has to be said, sean, tonight that the new york police department as they do so often have marshalled this protest quite magnificently well in terms of keeping it peaceful, not confronting the protesters, allowing them their freedom of speech that they value so much

obviously. but no violence as far as we have seen at all. very few arrests as far as i'm aware, sean. >> jonathan, like last time they keep saying the same thing, hands up, don't shoot. are they aware of all the black eyewitnesses that corroborated darren wilson's story? it seems like they aren't aware of the basic facts of the evidence in this case. >> reporter: i'm not aware if you are still talking to me if you can hear me. but as you can sigh right now we have halted once again in the very heart of times square. >> all right, jonathan. >> reporter: walked in pretty much every direction now. we're at the confluence of seventh avenue and broadway and i think we're at about 44th street right now. the new york police department famed times square right there. several hundred protesters surrounding us right now, sean. you can hear their chants very clearly. with that i'll hand it back to you, sean. >> thank you, jonathan, appreciate it. we'll go back to jonathan in just a minute. mike miers with the new york

civil rights coalition. you've read the evidence, i've read the evidence. you know the black eyewitness testimony, the refrain goes on, hands up, don't shoot. >> i've read the evidence with respect to ferguson. >> that's what i'm saying. >> the evidence has not been released -- >> but that's what they're referring to. >> they're in the streets of new york over the grand jury decision with respect to the police officer in staten island. they moved everything together now, no justice, no peace, hands up, don't shoot. people don't care about evidence. you have a situation where you have a grand jury where both grand juries were not runaway grand juries. i believe based on the evidence i read did the right thing. this grand jury's evidence is secret, not known -- >> let's release it. >> they can release it, but moreover the prosecutor

apparently did not want a runaway indictment. >> let me go to darryl parks. you can hear the refrain, hands up, don't shoot. but you have six black eyewitnesses that said -- i'll quote one of them, that he charged officer wilson like a football player, not with his hands up, with his head down. so people seem to be unaware of what the facts of the case are. that is troublesome to me because then they bought into a narrative that has been advanced by people with an agenda. your reaction. >> sean, here's the problem. there are at least 16 people who talk about michael brown's hands being up at some point during the course of the altercation. 16 out of 18 said they saw his hands up at some point. so it's not something they're making up. there's a lot of truth to this. >> all right. but the reality is you would never get a guilty verdict if -- even if you had conflicting

evidence and six witnesses corroborat a witness said he charged the officer. >> given the position of his head his head was completely down. this officer had a chance to do other things. >> there is no convincing people who do not want to be convinced. but these people have got to understand that protests, yes, it's the american way. but you cannot have pressure groups demand indictments and demand convictions. that's not the way we do things in american society in our criminal justice system. now, the mistake that was made in st. louis and the mistake

that was made in new york is as we have argued for many years and what some of the people said in ferguson is you really need to take the d.a. work closely with cops out of criminal investigations and prosecution of cops. we need a special prosecutor at the state level for purposes of investigating and prosecuting cops accused of crimes. >> thank you so much. appreciate you being with us. when we come back we go to our panel and more on the grand jury's decision not to indict the nypd officer in the headlock death of eric garner. we'll continue to monitor the protests in new york city as this busy news night on "hannity" continues. she's still the one for you. and cialis for daily use helps you be ready anytime the moment is right. cialis is also the only daily ed tablet approved to treat symptoms of bph, like needing to go frequently. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, as it may cause an unsafe drop in blood pressure.

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wow that's fast. personally, i prefer a slow internet. there is something about the sweet meditative glow of a loading website. don't listen to the naysayer. switch to comcast business today and get 50 megabits per second for $89.95. comcast business. built for business. this is a fox news alert. tensions remain high after the decision not to indict a police officer in the death of eric garner. back with us is geraldo riviera and pathologist did michael bodden. i want the evidence released and i will bet that what is legal

and illegal. i believe it will be technical. >> i agree. the big thing is that the new york state penal law says you can use a choke hold when resisting arrest. when a grand jury is listening to that, saying he didn't do anything wrong, you're taught to bring a guy down like. that absolutely. >> it's about a freaking cigarette. >> yes. >> drives me nuts. >> so stupid. >> we know how sensitive the issue of race is in this country. race, the listeners to bring in the race card. there is a strap of american life tonight hundreds of thousands if not millions of african american mothers are more in fear of the cops than the crooks. that is reality nobody can deny. >> that is a tragedy.

>> is there evidence of race in this case? >> no. >> i, it's not about the race, racism of the cops. we're not saying cops are racist. we're saying if this evidence had been heard by a grand jury made up of black mothers i guarantee you it would have been -- >> if it was a white guy -- a white guy, a big white guy, 65, big fat white guy that did that, it would be the same thing. it's not a racial chinning. it's something that happened. >> yes, one of the things, what is interesting here that we all in the 40 years have seen other cases like these cases and m social media, they just stayed in the local area. and you know, places -- allen miller in staten island and all. that it mays in the borough.

now, because of social media, everybody is. >> do you agree with me that if we get to see the evidence, if people want to understand how the grand jury came to their decision, won't you agree it's going to be based on the very technical definition of the use of force by a police officer and their training? >> well, that will be part of it. a lot of it depends on how it's given to the grand jury. ferguson grand jury was done in a way never done before as far as i know. where the prosecutor -- >> no direction. >> just dumped stuff in and without direction, i don't know how it was done here in the -- >> i want to see the evidence. >> we agree. >> they can release it. it's difficult, but they can release it. >> guys thank you for being with us, coming up next a question

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time for the question of the day. has the reverend al sharpton been irresponsible in how he has handled both ferguson?

of course, we want to hear what you say. and on twitter, tell us your answer. thanks for joining us. and don't forget start your day with "fox and fox. greta is up now. this is a fox news alert. right now the nation is bracing for another night of protests. this after a new york city grand jury decides not to indict a police officer in the chokehold death of a citizen. the white officer was cleared in the death of eric garner unarmed black man stopped for allegedly selling loose cigarettes. the controversial grand jury decision coming just after a week after the explosive grand jury decision. we have live team fox coverage tracking protests on the street of new york. hear from dr. michael baden who got a firsthand look at the medical examiner's files protests underway in manhattan. first to fox news correspondent jonathan hunt. jonathan? >>