reporting. again, thanks for watching us tonight. i'm bill o'reilly. please remember spots right here, we're definitely looking out for you. breaking tonight, we are now less than 60 minutes from a full curfew in the city of baltimore, maryland, with thousands of national guard troops and law enforcement officers preparing to clear the streets in less than an hour whether people want to go or not. welcome to "the kelly file." there are an estimated 2,000 national guard troops activated by the end of tonight with nearly a thousand law enforcement officers. now on the ground in baltimore to help. and with more than 250 arrests since yesterday, 144 cars burnt and more than a dozen buildings burned as well, it seems like the city will need all the help it can get.

in addition to police and soldiers more than three dozen fire engines, eight truck companies and rescue units are also being called in after the fiery scenes we saw play out in looted stores, senior centers and even on the streets when we were together this time last night as we watched it unfold together live. all of this happening in a city less than 60 meals from our nation's capitol. with reports coming in that folks may be traveling to baltimore to be part of this so-called protest, we could be in for another long night. we have fox team coverage for you tonight. they're all live on the ground. plus brit hume is here to explain the protests we saw in ferguson. first, we go to leland live on the streets of baltimore for us tonight. leland? >> reporter: megan, it is getting chaotic. what was calm is now anything

but. we have folks screaming and yelling at the camera. it's unbelievable the amount of anger out here on the streets that is bubbled up here in just the past couple of minutes. this man streaming at me -- i appreciate your thoughts. >> no, you don't appreciate it! >> why do you want me to leave? >> because you're one of -- >> i've been out here for all the protests. this is me. >> reporter: tell me what you're angry about. >> i'm angry at the fact that we ain't getting noanswers. i'm not with all the violence. >> these -- [ screaming ] >> reporter: if you look over here you can get a sense of how the police are still very passive. we saw that --

[ no audio ] we're going to go. send it back to you. sorry about this. >> get to someplace safe. this is ridiculous. this is how folks want to be heard? they want to endanger him and get in his face? really? leland has the police right behind him. we have a security guard with him as well. but this is the situation that is down there. shouting down a reporter trying to do his job, trying to bring their message out. that's what he's trying to do tell me why you're angry. back to him in a minute. rick meantime he's live from baltimore where he came under threat and attack himself last night. rick? >> reporter: the crowds definitely thinned out since about an hour ago. now less than an hour to the curfew kicks in. what we don't know is what happens at 10:00. whether any of these people are going to stay and challenge

these police officers or whether they're going to move out of here before 10:00. i would guess that a lot of these folks plan to stick it out and see what happens and challenge the -- the officers that are here. there are swat teams and police in riot gear who have formed that line. and there are obviously a couple hundred people at least still here. there's also a lot of media and there's some confusion. there's a lot of shouting. we know there are gang members forming a line between police and the crowd trying it appears to help keep peace out here and keep people from challenging or getting in the face of police officers. we've seen a lot of that. we've seen the people trying to encourage others to calm down and move back, but then the crowd surges back towards the police. the important thing is is that throughout this day, it's been a lot calmer than it was yesterday and last night. we have not seen the officers attacked, we haven't seen the cars burned and the businesses

loots and burned. that's the good news. we know the community leaders have been out here to try to calm people down. it seemed to have worked throughout the day. but we don't know what's going to happen tonight. >> have you asked anybody whether they plan on obeying the curfew? do you know whether folks plan on adhering to it? >> reporter: i don't. but i can ask some people right now. are you planning to obey the curfew? >> you say am i planning to obey the curfew. what curfew? we just showing them right now that we all got voice and we can come together as one without violent things going on. that's the best movement that you can ever catch. you need to catch this right here. they are moving and they show you that we as black people can unite without going through a whole bunch of drama and people viewing us as bad people. and we will obey the curfew. >> reporter: thank you. that's one voice. >> thank you.

one voice counts. mike live in baltimore with more as well. mike you've just gotten there. what are you seeing? >> reporter: well, what i can show you is this human chain that a lot of the people here have formed. what they're trying to do is create space in between the dem traitors and the people on the street. and that line of police you see behind them and all the tactical gear. you can see all the space they've created. these are citizens who've taken it upon themselves to come out here and try to control the crowd and create that space. with some people in the crowd, you can see the face masks, the red bandannas over the face. there are blue bandannas out herein dicktive of the gang crips. they say it's a sign of unity out here. you can't confirm anybody's membership in any particular gang but it's symbolic out here in the street.

it's a little bit chaotic. but what you do have is a lot of space in between the police and the dem traitors right now. most of the people out here have told me that they will respect the curfew. they're going to go home in time. that's most of the people. there are a lot of the people who say that no one can tell them when -- hang on. what are you asking? >> i just want you to make sure you tell your viewers this protest has been peaceful. that's hour -- police have been antagonizing protestors. >> reporter: how are they antagonizing the protestors? >> this is -- you see them with the barricade. telling citizens of baltimore that they can't walk through their own communities. >> reporter: got your opinion, thank you so much. that's something that the police have tried to avoid in different situations when they try to come in with the lighter gear, if you

will. but now they're out with the heavy gear. behind those officers a lot of tactical vehicles. we have seen some of the officers appear with heavier gear and lethal weapons. we know they're back there. right now what you see on display are the nonlethal weapons. as far as the difference between this in ferguson it's not as much as a street party environment that we saw out there. you do have a little bit of booze and pot out here, nothing like it was out there. this is much more serious. also the different right now is that it's concentrated. if there is going to be a conflict it seems right now anyway that it's all going to happen in one area. >> another question for you. we had seen pictures sent out online as the folks acting a a barricade between a group of protestors and a group of police officers. that woman there seemed to suggest to you the reason that barricade of people is there is to protect the protestors from

the police which is not what we were led to believe online. are they there to protect protestors from police or police from protestors? >> reporter: when you talk with them they'll tell you they're to protect the protestors from the police officers. they're there to prevent any friction between the police and protestors. what they say is the police just want some friction to start -- >> based on what? >> reporter: that's what we -- >> what do they base that on? what we saw last night is police officers 15 of whom went to the hospital and folks were throw throwing bottles at them. one officer had a shattered kneecap as a result of a bottle through it. some response we heard of documented by some of the witnesses, by the police force after they had been fired upon. what is their basis to believing the police are out to hurt them tonight? >> reporter: well, frankly, i

think they just pull it out of thin air. you're talking with kids and a lot of emotion injected into the environment. so i think they just say things. >> stay on it. want to check back in what is happening at leland's location? >> reporter: we've moved back a little bit. obviously. there were folks that were so angry. you got the same sense in terms that the folks were saying the police were out there to hurt them. we're about 25 yards back from the police line. you can see the tactical vehicles lined up. a police officer pulled me aside, a very senior captain. he looked at me after the incident you just saw and he said i can't protect you out there. he said you are on your own. he said, if things start to go down and i try to come out and arrest anyone being physical with you, meaning me he said i am going to incite this whole place. he said i cannot incite a riot here in order to save you.

the hostility towards the media is pretty interesting. when you look at this crowd is how much it's thinned out. we've been here for the -- we've been here for all night last night, all day today. today, there were thousands of kids out, there were people selling ice cream and snow cones here. so far, obviously nightness has come. you see a level of anger going up and a pretty serious way. >> stay safe. again, we have security with our reporters, but you can see the size of the crowd and you can feel the anger of the crowds who shot down the media who are there to tell their stories. >> just ahead, baltimore's mayor defending herself after being accused of allowing rioters to destroy property. brit hume is next on why he thinks there's a direction connection to what we saw in ferguson missouri. and amid the chaos, a mom in baltimore smacks some sense into

her son. and tonight we have the rest of her story. ♪ during its first year, a humpback calf and its mother are almost inseparable. she lifts her calf to its first breath of air, then protects it on the long journey to their feeding grounds. one of the most important things you can do is help the next generation. at pacific life, we offer financial solutions to accomplish just that. ask a financial advisor about pacific life. the power to help you succeed. meet the world's newest energy superpower. surprised? in fact, america is now the world's number one natural gas producer... and we could soon become number one in oil. because hydraulic fracturing technology is safely recovering lots more oil and natural gas.

supporting millions of new jobs. billions in tax revenue... and a new century of american energy security. the new energy superpower? it's red, white and blue. log on to learn more. .. ...heartburn. did someone say burn? try alka seltzer reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm... amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief. doers. they don't worry if something's possible. they just do it. at sears optical, we're committed to bringing them eyewear that works as hard as they do. right now, save up to $200 on eyeglasses. quality eyewear for doers. sears optical

we are watching live in baltimore in different pockets of the city as we are now 45 minutes away from the mandated curfew where all adults and

children are supposed to be inside. the mayor of baltimore has come under criticism for her handling of these events. on saturday, she spoke publicly saying she was given the protestors room to destroy in order to strike the right balance between those who wanted to be peaceful and others. she then came out last night and claimed that she had never said that and was having her words twisted by the media. here are the two statements. >> we try to make sure that they were protected from the cars and the other things that were going on we also gave those who wished to destroy space to do that as well. and we work very hard to -- to keep that balance. >> i never said nor would i ever say that we are giving people space to destroy our city. so my words should not be twisted. >> joining us now, brit hume.

brit nobody twisted her words. she said that. so, you know, that's just -- she said it. now she may not have meant it. but that wasn't how she came after it. now she's under criticism for saying that in the first place and handling this crisis in the second place for the same reason which is she didn't want another ferguson on her hands. >> that's what i think. the contrast in the early stages here between happened in ferguson and how the police responded and what happened here could not be more stark. in ferguson you may recall when the trouble started, the police came in heavy with the tactical vehicles and the heavily armed police weapons at the ready and the rest of it. and you remember all the criticism of the militarization of america's police departments and all the questions were raised about how the military sells too much gear to the police. it was thought that was provocative and a major cause of the violence that we saw in ferguson. here it seems the authorities

were determined not to repeat that. in the early going, night before last and again last night they came in light. they stayed back. you heard in addition to what the mayor said that you played, and look, i don't doubt that she intended to say something other than what she said. but what she said described exactly what she did. she talked about deescalating. she talked about best practices. >> striking the right balance. >> we saw repeated instances in which the police where were the trouble was and they back away. repeatedly they backed away. these were some pretty violent kids on those streets and they were committing crimes, assaulting police officers. >> that's been represented before. that cannot be true because i listened to that presser from the police. they said at that one mall they didn't want to go after these kids because they were kids. that doesn't explain what we saw

throughout the city of baltimore last night. there were 250 arrests, 90% of which were of adults. there were pockets where we saw them setting residential homes ablaze and the cops stood by. it wasn't all 15-year-olds. >> we had a particularly vivid episode where on the street corner where the police were up close and face to face with the protestors. and at the urging of city council members they backed away. they came back later. you kept hearing about how they were -- they were present -- you could see they were present, and yet the liquor store was looted and burned. the convenience store was looted totally looted and the police stood by and did nothing. this was how they decided to handle this because they didn't want a repeat of ferguson. the belief was what was done in ferguson didn't work very well. clearly this didn't work very

well either. >> is there an underlying assumption that the police are out to do harm? many there believe tonight these cops who are actual human beings that they're out to hurt this community and that they are the ones who need to be controlled, not the criminals? >> there is tremendous -- obviously tremendous an tipthy toward the police. we were given to believe post-ferguson was the problem there was the police department was predominantly white and the community was predominantly black. here's a police department that's predominantly black. the mayor is black. the police chief is black and the rest of it. and, your honor, the entire city council is -- not the entire -- >> vast majority. >> so this is basically a black-run city and a predominantly black city. so the skin color of the

authorities doesn't seem to make a difference based on these two cases. the other thing is that the amount of crime that is commit and the number of suspects arrested in baltimore in the black community is way out of proportion to their size within the community. they commit most of the crime, they -- they are most of the victims. and they are most of those arrested. in a situation like that where you have these inner city pathologies of crime and drugs and the rest of it the police presence is bound to be something that everybody's aware of. it is not at all unexpected that there would be tension. >> the mayor said the council that was supposed to examine what happened in ferguson. it may be that the mayors on that to the conclusion that you have to let the protestors burn things down. >> well, i think that the theory seems to be based from what we can sort of extract from what

they say and have done is that they're trying to keep something even worse from happening, that the violence could be even intensified. i'm sure they're on pins and needles tonight waiting for 10:00 to roll around to see what affect that house. whether that will work. one hopes it will. i certainly hope for. i live not far from baltimore and once worked over there. you hate to see a great city like that undergoing this horrible experience. >> you do see many citizens out there tonight trying to stand up for their city and for peace and condemning the thuggery. we saw pictures of a little boy handing out water to the cops little african-american boy handing out water to the cops. the problem is the law abiding citizens are probably going to go home in about 40 minutes and not everybody there is going to obey this curfew. >> that's the worry that you have. and the hope is of course that

the size of the police presence will be enough to suppress this with minimal vie leps and damage. certainly something to hope for. the president came out tonight -- this afternoon, i should say and said some sensible things about the criminals who were doing criminal things. the president also did something that he often does when it comes to discussing the pathologies of the inner city neighborhoods. he tends to gloss over the responsibility that the people living there may have. he speaks of the drugs in those communities and a big part of the life there and the crime as if these are things that sort of happened to these people and bear no responsibility for them. she was obviously a law-abiding person. when it came time to discussing the police and relationship with the police she just went off. what she said i thought was almost entirely incoherent. it's a lot of what you're hearing from the other people in that neighborhood over there.

>> we're going to have a panel of police officers on president obama's remarks coming up. brit thank you so much. that's up next and also that mom, that mom caught on camera trying to give her son a hard lesson. >> how was your day? "deeper." thanks. i'll try that. by the way... (chuckles) nancy, delicious! and this new kibble blend is so healthy. thank you. no... thank you. thank you. thank you. thank you. thank you! kibbles 'n bits. because every bit matters.

...and the wolf was huffing and puffing... kind of like you sometimes, grandpa. well, when you have copd it can be hard to breathe. it can be hard to get air out, which can make it hard to get air in. so i talked to my doctor. she said.. doctor: symbicort could help you breathe better, starting within 5 minutes. symbicort doesn't replace a rescue inhaler for sudden symptoms. symbicort helps provide significant improvement of your lung function. symbicort is for copd, including chronic bronchitis and emphysema. it should not be taken more than twice a day. symbicort contains formoterol. medicines like formoterol increase the risk of death from asthma problems. symbicort may increase your risk of lung infections osteoporosis, and some eye problems. you should tell your doctor if you have a heart condition or high blood pressure before taking it. grandfather: symbicort could mean a day with better breathing. watch out, piggies! child giggles doctor: symbicort.

breathe better starting within 5 minutes. call or go online to learn more about a free prescription offer. if you can't afford your medication, astrazeneca may be able to help. have a sunset mode. and an early morning mode. and a partly sunny mode. and an outside... to clear inside mode. transitions® signature® adaptive lenses ...are more responsive than ever. so why settle for a lens with just one mode? experience life well lit®. upgrade your lenses to transitions® signature®. get up to ninety dollars back when you combine crizal, varilux and transitions... and buy a second pair with xperio uv polarized sun lenses. visit transitions.com to learn more. the real question that needs to be asked is "what is it that we can do that is impactful?" what the cloud enables is computing to empower cancer researchers. it used to take two weeks to sequence and analyze a genome; with the microsoft cloud we can analyze 100 per day. whatever i can do to help compute a cure for cancer,

that's what i'd like to do. breaking tonight, baltimore police saying they could be bringing in bear cats. those are the swat team vehicles like we saw on the ground last night. and tonight, against the rioters and looters that ravaged the city on monday night, here's some pictures i just mentioned. this young boy handing police bottles of water. good for him. and these men lining up to protect their protectors. and then there is this video that's gone viral of a mother sending her son home after catching him at a violent protest and she saw him throwing bottles at police she said. we have her story. trace? >> baltimore police keep saying

the tone tonight is different. that earlier they could feel the anger begin to dissipate a bit. one day later, there was certainly a visible push to clean things up to replace the march of appearingry protestors with the march of music and dancing. the question now is will it hold. there was a voice of reason that went viral. a mother who says she saw a crowd throwing objects at police and then she took a closer look at that crowd. listen. >> lo and behold i turn around and look in this crowd and my son is actually coming across the street with this hoodie on and a mask. at that point, i just lost it. he gave me eye contact. and at that point, not even thinking about cameras or anything like that -- that's my only son. and at the end of the day, i

don't want him to be a freddie gray. but to stand up there and vandalize police officers that's not justice. that's not what -- you know, i'm a single mom. i have six children. and i just choose not to live like that no more. and i don't want that for him. >> she says she was shocked and angry and her initial reaction was to get her son to safety albeit with a few lumps along the way. she says she has to provide for her family and she can't always be there to make sure her children make the right decisions, but she can certainly make an impression. >> you can make that phone call, get home. get home right now. at the end of the day, they're going to make their own decision. we have to follow through to make sure. is he the perfect boy? no he's not. but he's mine. i'm just grateful that i was

able to get him home. we sat back and watched the news and everything. he has facebook friends and everybody making comments saying you shouldn't be mad at your mother you should give her a hug. i just hope, i'm not sure but i hope that he understands the seriousness of what was going on last night. >> the 16-year-old boy told his mom when he first saw her his instinct was to run because he knows she has a zero-tolerance policy. he also knows that running would have made matters a lot worse. the nation clearly agreed calling her mother of the year. >> good for her. good for her. that young man probably has a future ahead of him because he has a mother who's involved and who cares and is trying despite difficult circumstances. it's a lesson for everyone out there, which is listen to your

mother. today president obama spoke about the riots in baltimore. first finding fault with the protestors. then raising questions about the police. three very accomplished cops join us live with their reaction. >> there's some bad politicians who are corrupt. there are folks in the business community or on wall street who don't do the right thing. well there's some police who aren't doing the right thing. g. and when i finally told my doctor, he said humira is for adults like me who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. and that in clinical studies the majority of patients on humira saw significant symptom relief. and many achieved remission. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb.

tell your doctor if you've been to areas where certain fungal infections are common and if you've had tb hepatitis b, are prone to infections or have flu-like symptoms or sores. don't start humira if you have an infection. ask your gastroenterologist about humira. with humira, remission is possible. ♪ ♪ with a full tank of freedom, ♪ ♪ find your own highway ♪ ♪ we'll take you wherever you go. ♪ ♪ we'll take you wherever you go. ♪ appears buster's been busy. yeah, scott. i was about to use the uh. i've got a much better idea, lad! scotts ez seed uses the finest seed, fertilizer and natural mulch so you can grow grass anywhere! thanks, scott. ez seed really works!

get scotts ez seed. it's guaranteed. when you do business everywhere, the challenges of keeping everyone working together can quickly become the only thing you think about. that's where at&t can help. with the tools and the network you need to make working as one easier than ever. virtually anywhere. leaving you free to focus on what matters most.

breaking tonight, live pictures on the ground in baltimore with less than 30 minutes to go until a complete curfew takes effect in that city. leland? >> reporter: megan, you get a sense of the amount of fire power the police have brought out here. this is very different than yesterday. reinforced riot lines and a lot of extra riot police. the guys yesterday were tired. they also have these. these are the bear cats.

they have the ones on the ride lines, hardened swat vehicles they have some on standby. they were pelting these things with locker liquor bottles yesterday. at least two police heldicopters right now. that gives the officers a real advantage to see what's happening on the ground and be directed by their comrades up in the their. the police horses are now here op the grouped in baltimore. >> thank you. meantime our law enforcement panel is here. david clark, sergeant ed mullins, and retired major ed franklin who spent more than three decades in the baltimore police department. thank you all for being here. let's start with president obama's remarks today where he did talk about these protestors being criminals, the ones who turn to violence and yet had

some thoughts on the police as well. listen. >> i think it's going to be important for organizations like the fraternal order of police and other police unions and organizations to acknowledge that this is not good for police. we have to own up to the fact that occasionally there are going to be problems here just as there are in every other occupation. there's some bad politicians who are corrupt. there are folks in the business community or on wall street who don't do the right thing. well there's some police who aren't doing the right thing. >> you've been a critic of president obama, but do you take issue with his remarks there? >> it's a mixed message as we always get from him. he mentioned that we all need to do soul searching. i think he needs to do some sourl searching about failed

policies have that prolonged the misery in the american ghetto. this is lifestyle choices. these are flawed lifestyle choices people make like dropping out of school like failing to stay employed like having kids out of wedlock. those are behavior changes that go on in these american ghettos if we're going to see a change. >> that may be true but the thing that got this started was the death of freddie gray who has a very long rap sheet. had been arrested and convicted many many times. he ran. he wound up dead. and we don't know why. and the president's point, today he said it seems like we're having one of these having with the young african-american man and the police every week. >> interestingly that he would say that. last year statistics had more males -- whites that were killed by police than

african-americans. so no one's talking about that. i got to agree with sheriff clark that the issue lies far deeper than what is taking place between the police and the community. this is about education. this is about a willingness to move a community forward. the community we're talking about right here is african-american community run by an african-american mayor, police chief and a 50% african-american police department. >> uh-huh. >> so the president didn't talk anything about that. he talks about, you know failure in a lot of organizations. we got failure in the white house too and he doesn't talk about that either. >> major franklin what about that? one of the problems with ferguson was it was this largely white police force in a city that was ma majority minority. no such imbalance lance in baltimore and yet, how do you get to the place of this is about racism which has been a charge levelled today? >> well, first of all, this isn't so much about racism.

this is about police and community and the problems that we have among police and community. let me begin with i love my profession and i do everything that i can every day to improve the professionalism among the ranks not just here in baltimore and across this nation. number one, we have a criminal justice system that has some serious problems some systemic issues that deal with race not so much the individual police departments and officers. in baltimore here what's happening and what has happened with the death of freddie gray and how it occurred is not just about baltimore. it's about every major city across this nation. and the problems that we do have in policing. >> but is it a problem in policing -- is it a problem in policing or does it start with -- with a segment of the population in some of these cities that is committing crime? i mean freddie gray had a very

long rap sheet. there's no doubt about that. i kind of reject that notion that the criminal justice system is racist. look blacks are overrepresented in terms of their involvement in crime, and that's why they're overrepresented in the criminal justice system. the criminal justice system is run -- it's not prosecutors or judges. look for someone to suggest that they have racist intent i reject that out of hand as well. our criminal justice system may not be perfect, but it's the best one in the world. and i believe that justice is blind. if we start looking at criminal justice decisions based on race that's when we're going to have a problem. >> you look at baltimore and the status of the african-americans who live there and it's down right depressing. what is it that's holding them down? if it's not systemic racism, what is it? >> look we have -- you can go

back in history. and law enforcement has always had problems with race in this country. our criminal justice system has been the same way. and we have never resolved those issues. people know me and i speak to one part of this systemic problem which is our drug laws in this country. we know that the drug war doesn't work. we know how it affects different demographics of people. and not just in race not just black and brown people, but poor people. so it's also a class issue. if we know that the war on drugs which is really a war on people does not work why haven't we moved in a direction to change these policies to work on these policies? we know that blacks are arrested at higher rates in this country for virtually the same crimes. they are prosecuted at higher rates and they receive longer sentences than our white counterparts. >> give me the last word on that. he's speaking to the frustrations that go way back.

>> i understand the frustrations. what he's not saying who reports the crime. it's the victim who reports the crime. the police don't go out to decide to lock up male blacks or whites because they're in the mood to do that. in the case of baltimore, you have a black communicate that is reporting the crimes. who should we be arresting if that's the case? >> i mean -- if there's a real question about what's happening on the streets there tonight, as the police officer said to leland i cannot protect you out there, if i arrest anyone i will incite a riot. which leads to questions about what will happen there tonight. thank you all. we are now getting reports of looting, plus other reports of people trying to throw objects through store windows. we'll speak to the attorney representing the family of freddie gray the man whose death and police custody sparked all of this. ...served my country... ...carried the weight of a family...

...and walked a daughter down the aisle. but i couldn't bear my diabetic nerve pain any longer. so i talked to my doctor and he prescribed lyrica. nerve damage from diabetes causes diabetic nerve pain. lyrica is fda-approved to treat this pain. lyrica may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new, or worsening depression or unusual changes in mood or behavior. or swelling, trouble breathing rash, hives, blisters, muscle pain with fever, tired feeling, or blurry vision. common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. don't drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you. those who have had a drug or alcohol problem may be more likely to misuse lyrica. now i have less diabetic nerve pain. test. test. ask your doctor about lyrica.

excellent looking below the surface, researching a hunch... and making a decision you are type e*. time for a change of menu. research and invest from any website. with e*trade's browser trading. e*trade. opportunity is everywhere.

my lenses have a sunset mode. and a partly sunny mode. and an outside to inside mode. transitions® lenses automatically filter just the right amount of light. ask for transitions xtractive lenses. extra protection from light... outdoors indoors and in the car.

breaking tonight, these are live pictures from baltimore where we are about 15 minutes away from mandatory curfews taking effect for the protestors. police are telling folks to go home. this all erupted after the death of 25-year-old freddie gray. he was taken into police custody april 12th. cell phone video showed him being dragged into a police van. one witness described him as screaming for his life. >> at some point either before during or after his arrest mr. gray suffered multiple injuries

including a crushed voicebox and a broken neck and died within a week. mary cook is the attorney for the family of freddie gray. thank you for being here. let's start with this. >> thank you for having me. >> it looks bad and even some of the police officials have acknowledged that. but is it possible that this was an accident that he died by accident? >> you know i don't -- since the arrest was intentional and the take -- i don't know anything about the full takedown because we haven't seen any video of the full takedown chl the description that he was given that he was folded like origami. obviously when he was taken to the van, he was not moving his legs. he was crying out in pain. and no medical assistance was rendered. i can't say at what point because we haven't seen the medical examiner's report but i would have to say that at some point, you know either there was -- there was -- at some

point an intentional withholding of medical care. >> they seemed to have agreed with that thus far although the police union has pushed back. one of the questions -- i ask you this as a lawyer. one of the questions people have been saying why wouldn't somebody have been charged by now. that's one of the beeves the protestors have. is it possible to charge this case when you know some defense lawyer is going to get up there and say it was an accident they don't have any proof, how can they prove that the police did something to this man other than at one point he was fine and ultimately his vertebrae were severed? >> well, the way that you charge it is that you collect the evidence. and so that's one of the things that we haven't seen yet. so what we know is that first of all, a lot of the evidence is going to be forensic and a lot of the things we're going to learn is going to be from the body of freddie gray, how his injuries occurred is going to answer one of the questions.

we don't know what the transmissions were between the police officers. we don't know what kind of videotape if any the police department has. freddie gray at different points along the transport. we don't know what the paramedics saw when they opened up that wagon and rendered aid to freddie that evening. so we don't have those questions. we don't have the knife that was allegedly recovered from freddie gray. so you know, all of that information is going to have to go to the -- probably in this case to the states attorney and the justice department is also looking -- that goes to the united states attorney. >> you guys may learn more on friday. the public's not going to learn more on friday. i just want to ask you, freddie's family they don't want this protesting -- the violent protesting correct? >> that's absolutely correct. they want it to be peaceful. they want it to honor their son's memory. >> people need to listen to that. >> and they want everyone to expect and they want answers to why he died.

>> hopefully we will get them. mary thank you for being here. >> thank you. up next the let's fallout after last night's devastation in baltimore. will the rioters who exploited what had been a peaceful protest, looted stores set fire to homes, burned cars, threw cement blocks at firefighters vandalized firefighter's hoses, tried to burn down a center citizen center being built, ever be brought to justice? that's next.

call now! live pictures of the protests

under way at this hour. we just received reports that a group was throwing rocks and bricks at police officers and one officer is injured. the curfew is about to go into effect. we saw looting last night, burning cars, attacking police. we have seen this happen on tv. will we see them be brought to justice? joining me is a criminal attorney. will we? >> we have had plenty of riots here. we have had had problems during times of hurricane. unless there's video evidence unfortunately, you're not going to have the other people coming into court to testify that someone in their neighborhood, unfortunately, stole a bottle of vodka. >> but there is videotaped evidence of the looters and of people stabbing a fire hose as firefighters were trying to put out a fire. >> those people should be prosecuted.

even probable cause, make the arrest and see if it can be proven. >> they are trying to put out the fire at cvs. a guy will stab another hole in this hose. you tell me whether the cops will be able to prioritize this and go after these guys. they have their hands full but will justice be done. >> i wish i want them to. if someone can identify them, they are willing to stand out and go into court and testify and identify those people there must be. identity of each person and sufficient evidence. unfortunately, again, i'm a realist, a former prosecutor often times the cases go nowhere. >> what about throwing bricks at police officers' heads? what about the violence done to the cops yesterday? >> well that violence will require the same amount of diligence from prosecutors to bring those people to justice, if they can find them and identify them. >> if somebody can identify this guy, it's very clear.

>> i don't know who that person is in that video and somebody is going to have to step up and say who this person is. at this it point, we have a city where people are out of control, e emotions are running wild and officers are trying to bring it into control. we have members of the community who have stepped up and done the right thing. the overwhelming majority have protested peacefully. as you highlighted earlier, there are members of the community trying to bridge the divide between the police department and those who are angry and want answers. >> they have to go after the people who hijacked a peaceful protest. that could have spread and got more attention a peaceful way. >> there's a lot of risk to put themselves in harm's way over crimes or incidents that are not necessarily necessarily endangering human life at that point. >> let e me just say this. looters are not protesters. people who commit acts of

violence, they are not protesters exercising their first amendment right to free speech. those people should be prosecute ed if there's sufficient proof to arrest them. >> and that's exactly what president obama himself said today. guys thank you both for being here. again, we're listening to the police scanners saying arrests will be at the discretion of the ground commanders that they are ordered to be reasonable and give warnings. it will be up to the supervisors on the ground. they don't want to inflame tensions as we are four minutes away. forget about it. tylenol was ok, but it was 6 pills a day. but aleve is just 2 pills all day. and now, i'm back! aleve. your buddy ron is always full of advice. usually bad. so when ron said you'd never afford a john deere tractor you knew better. the e series. legendary quality. unexpected low price. we all enter this world with a shout and we see no reason to stop.

so cvs health is creating industry-leading programs and tools that help people stay on medicines as their doctors prescribed. it could help save tens of thousands of lives every year. and that w ould be something worth shouting about. cvs health, because health is everything. life begins with a howl, we scream, shout shriek with joy. until, inhibition creeps in, our world gets smaller quieter, but life should be loud. sing loud, play loud, love loud. dentures shouldn't keep you quiet life should be ringing in your ears. live loud, super poligrip.

vo: today's the day. more and more people with type 2 diabetes are learning about long-acting levemir®. as my diabetes changed it got harder to control my blood sugar. today, i'm asking about levemir®. vo: levemir® is an injectable insulin that can give you blood sugar control for up to 24 hours. and levemir® helps lower your a1c. levemir® lasts 42 days without refrigeration. that's 50% longer than lantus® which lasts 28 days. levemir® comes in flextouch® the latest in insulin pen technology from novo nordisk. levemir® is a long-acting insulin

used to control high blood sugar in adults and children with diabetes and is not recommended to treat diabetic ketoacidosis. do not use levemir® if you are allergic to any of its ingredients. the most common side effect is low blood sugar which may cause symptoms such as sweating, shakiness, confusion, and headache. severe low blood sugar can be serious and life-threatening. ask your doctor about alcohol use, operating machinery, or driving. other possible side effects include injection site reactions. tell your doctor about all medicines you take and all of your medical conditions. check your blood sugar. your insulin dose should not be changed without asking your doctor. get medical help right away if you have trouble breathing, sweating, extreme drowsiness swelling of your face, tongue, or throat, dizziness, or confusion. today's the day to ask about levemir® flextouch®. covered by most health insurance and medicare plans.

the curfew in baltimore is about to kick in. go to our facebook page and tell me whether you think folks will abide by it. thank you for watching. our coverage continues now with hannity. thanks this is a fox news alert. a city is on edge tonight. it's 10:00 p.m. in baltimore and a city-wide curfew has just taken effect. they want all the protesters off the streets now. 2,000 national guardsmen and police officers are in. the city to prevent a repeat of last night's mayhem where rioters destroyed 15 buildings, looted dozens of businesses and over 200 arrests and 20 police officers have been injured. we go right to the ground tonight in baltimore with the latest. geraldo rivera is there. >> reporter: hey, it's a