we're taking your thoughts tonight on our interview with mike go to kelly file. thank you for watching, everyone. i'm megyn kelly. this is the kelly file and here is sean, live. >> thanks, megan. this is a fox news alert. tonight we have an exclusive interview with a colleague of the six officers who were charged in the death of freddie gray. now, in just a moment, we will have new insider information about what happened when freddie gray was, in fact, arrested but first, six baltimore cops involved in the arrest of gray are now facing an array of criminal charges including second degree murder for the cop that is driving the van. now, in baltimore tonight the city is once again on lockdown and with authorities now trying to clear the streets to enforce a curfew that is now going into effect at this very minute joining us now on the ground in baltimore once again is our own leland vittert. leland? >> and sean, there has been celebration all day. can you hear the honking horns still going on. almost like the ravens won

the super bowl or something like that. can you see some of the folks dancing in the street. north avenue and also down pennsylvania where you see the satellite truck there and now comes the moment of truth. we have the police helicopter overhead telling everyone to go home. obviously those folks that are dancing there probably aren't. we are going to walk over here a little bit and i just want you to just tell me what, do you feel the same level of celebration and excitement that all these folks do? >> i did. i might not celebrate as these people are. a level of celebration. >> walk back with me. >> i feel it as well. i feel it as well. >> we deserve it it we deserve it. >> we're going to walk over here and try i to get to talk to somebody on the truck here. are you going to go home at 10:00? it's past the curfew. >> i'm going to go home and i feel as though i want to

go home. >> so you don't think you should abide by the curfew? >> the curfew is just for safety. nothing been done that's unsafe for right now. just let us celebrate it we deserve it again we deserve it. >> is it celebrating an arrest? what's it celebrating? >> celebrating just the charges. you know, it's a long way from home but it's something. we're grateful to just have that. >> we are going to see if we can't go talk to some folks on the truck. i'm going to warn you guys there may be salty language here that sometimes has happened here. we will see if any of these guys would be able to talk. it's a lot of young kids. this fellow. hold on. >> come on down and talk to me a second. no no. safe up on the truck just lean down and talk to it me a second. tell me, why are you dancing on the truck? >> because man a lot of people think that it's a one day thing. a lot of people think that it's a one month thing. this is a year around 365 thing. >> are you convinced that the police officers are guilty? >> i'm convinced that the

police officers are guilty. i'm convinced that they're covering a lot of things up. i'm convinced that the truth is not put forth. at all. >> i'm going to hop second with you guys. >> leland, ask him what he thinks the evidence is that supports that claim? >> tell me, what evidence have you heard that you think supports the claim that the police officers are guilty? >> i feel like from the beginning of when he first got into the paddy wagon when he got into the van -- didn't have loose of his leg. long story short he didn't have use of his leg. >> you have to speak up a little bit. it's hard to hear you. >> he didn't have use of his leg. if he was hurt then, he was hurt afterwards. >> and simply by the fact that he was okay when he got into the van is enough for you that they should be charged with murder? >> i feel like from when they tackled him he was

hurt critically, critically. and this city, if you run from the police, they will tell you are going to get beat. >> and i want to talk to some other people here. hold on a second. i want to talk to you. tell me your name. >> my name is vicki. >> why are you out here tonight. >> i'm out here to show support. baltimore is great city. we are here for the support of freddie gram and the city of baltimore. this is what we do. which this is what we love? >> tell me. >> i have a question for you. you said baltimore is a great city anybody involved in the whole event not only freddie gray but also everybody who has looted in all the stores that were run over and all those kind of things. >> justice where everybody was looting. i'm not really for the looting. i'm here for support. >> do you think the stores that were looted, do you think those people should

face justice too the looters should be arrested, too? >> um, i really can't make that call, you know, it's not for me to make that call. >> innocent until proven guilty leland? are the cops innocent until proven guilty. >> hold on this. is an important question. everybody here says that they think that the cops are guilty that they are convinced of that do you believe the cops are guilty or are they innocent until proven guilty? >> no. i he believe they are guilty right now. >> you are sure they are guilty? >> i mean, you know, from the looks of things, sure. >> now everyone is chanting no justice no peace. do you think there is going to be peace tonight? >> i'm hoping so. >> but you're not going home. >> i'm getting ready to go home. i'm smart. see you later. >> can we talk to you for a second sir? >> i don't have a second. >> what do you think about this? >> i ain't thinking about nothing, baby. >> you are holding up a sign go home, why? >> well, we want to respect

the. >> it's our home. we are home now. what do you mean go home? we are home [bleep] >> when did they ever care about baltimore? >> all right. we're going to keep walking over here. hey, how is it going man? nice to see you. how are you feeling? what do you think about tonight? >> well, i think it's more positive than negative. i think everybody feels a sense of relief and i think the city was hurting but i think the sense of closure. >> so, we will see the closure. i want to talk to this woman who said she wasn't going to go home. do you mind if we talk to you for a second is. >> i'm leland. you are really upset. why are you so angry? >> why why am i so angry? >> this is why i'm angry. >> sean, we will go ahead and send it back to you. >> they put young black people. >> all right loo land vittert and also on the ground in baltimore tonight we are joined by our own geraldo rivera.

what's going on where you are? >> hey sean, we are at city hall. we are about 200 demonstrators seem to be refusing to leave. the police have mustard -- mustered quite a bit of restraint crowd that looks not as inner city as some of the others. >> what's your reaction to today's arrest? >> don't push the microphone. >> stay with us. >> why do you want me to stay with you? >> you are supposed to be part of the media right? >> why do you want me to stay. >> it's your job to report, this right? >> that's why. >> you are changing your tune. >> no, it's your job to report this honestly so i want you to report this honestly. >> all right. >> but the curfew is up. the curfew is up. [no audio] >> we are trying to beat the curfew. >> what happens if you come

and get charged? >> we ain't getting charged. there is too many people in the jails right now. we are not getting charged. [no audio] >> language, please. >> they have been doing this to us since day one. >> how about you? are you satisfied with what happened? the arrest of the officers? >> we still got a long way to go. i'm satisfied for now. >> innocent until proven guilty? >> what about the curfew you are going to get in trouble. >> i'm not defying anything. >> what happens if these cops are acquitted in this trial? >> peace and justice. >> okay. here come the officers now.

all right. turn around. gregory. here they come. here they come. all right. they are not messing around. [shouting] all right. now, you have got some real pounding going on here. of the cops are swarming over the demonstrators that have defied the curfew. one is being arrested right here. being handcuffed behind his back. the captains are coming. they are coming in. the officers they are really moving them now. there is a line of horses out there as well. all right. we're good. >> come on. >> up and over. >> okay. they aren't messing around. these cops are not messing

around. they have kind of 1960's era nonviolent protesters like this old fellow here. if you look out gregory give me the bigger shot. when you look out there they have, you know, encountered some of these young men who are so defiant just minutes ago now are being restrained and arrested. you could see them being taken away there. this big line. all right. here comes the line of officers moving down. move down here. the line of officers -- oh, jeesh. >> are you all right geraldo? >> okay. >> okay. i'm all right. i'm all right. >> the line of officers has cleared the park, essentially. of these people who are defying the curfew. where they are going to go,

i have no idea. one is restrained right here. get this shot of who is -- [shouting] >> that is just the cameraman. all right. people on the ground. others cuffed in the background. you have a massive presence here. all right. here come the officers. they are moving the line. the line is moving now. back up. watch it. all right. okay. up up, up. >> oh, wow. >> violent -- i would say a couple hundred, there is some violence here the officers are confronting some of the more stubborn of the protesters. they are not allowing any slack here. they have restrained them with some with vigor they are drawing the line. they are clearing. sean, they are clearing the park. get a shot of the horses. i haven't seen the horse

energies action the line, the horses they are not messing around. baltimore, they are vigorous enough to do their job with great energy and dedication it seems to me. >> hey geraldo. you said something earlier. you said something earlier tonight on the channel that i want to go to. you said there is an emotional reaction. >> go ahead. >> you are also an attorney, geraldo. and there is a legal aspect to all of this and a very, very high bar that has been set by this prosecutor. and one has to wonder, considering she might be able to show that the cops civilly they might have a case. they didn't put the seat belt on. civilly they might have a case as well because they didn't get medicine

attention. but to reach the bar of depravity of second degree murder or manslaughter. has the city been set up for verdict that may not come? >> there is some violence here. i think sean, as a lawyer, let me speak in a moment of relative calm although there is scant little of it around. i think that what happened today was part legal and part political. i think one will pollute the other, if you get my meaning. some of the statements the states attorney made today will, i think force a change of venue from this emotionally charged community of baltimore some place else. and it may even lay the ground for special prosecutor to be appointed. in terms of the strength of the state's case against the six officers, i surmise that the six were arrested and charged so broadly so many of them, white and black

because the states attorney is hanging her hat on the fact that the cops might turn one against the other and give testimony against each other. if they don't the state will have a very difficult time proving its caseho killed freddie gray? how was he killed? when did he get the fatal injuries inflicted it was it during the arrest? was it as he was being dragged from the scene of the initial arrest to the van? was it in the paddy wagon itself. these are questions yard. each and every charge has to be proven. >> you are basically echoing, geraldo. >> you are echoing the comments of sheriff david clark who thinks this is very political and this was done to try to appease an angry crowd. the prosecutor used terms like our time is now to the people of baltimore. i heard your calls of no justice, no peace. i have got to believe that

those comments may come back to haunt the prosecution. >> i think they will and it was a political as i said a judicial/political commentary by the state's attorney. but, imagine you saw what just happened here. you saw the pushing the shoving, the people being arrested. the confrontations between the officers and the demonstrators. imagine, sean, if there was not the arrest of the officers today. that was political but it relieved this community of the ugliest of the tension sean. >> geraldo what you are suggesting here is predicated on very dangerous ground that if this is a political prosecution if this is to appease an angry group of people or an angry crowd, we don't have justice as we know it in america. that's not justice. >> i said on the legal side

she arrested so many cops and charged them so broadly because she expects them to turn. that's the legal strategy and i think that is probably an effective strategy ultimately unless the cops have all already made deals amongst themselves. on the political side, i think that was a necessary calming but it will, in all probability affect and in some ways pollute the legal side of it. >> we also have the -- i think you are right about the change of venue there is a set up, a very strong case there and also we have the issue of recusal of the prosecutor and a special prosecutor appointed because we now know that the gray family attorney, and, in fact, the prosecutor that the family attorney was her biggest campaign donor and on her transition team and freddie gray's lawyer donated to the campaign of the prosecutor. that is a massive conflict of interest.

>> i think that whenever you have an elected judge in whatever community you have inherent conflict of interest when anyone donates to the campaign is then subsequently involved in a legal action. i don't think the conflict of interest story is as big as some commentators do. but i tell you because of the weakness in the state's criminal case, i believe the federal government, which is already here in great strength the justice department should make this a federal civil rights case because there is scant doubt, but that freddie gray's civil rights were violated whether -- it doesn't matter. >> the civil case. >> who did what exactly when. >> it does matter. >> a federal civil right case. >> well, there is three different aspects. >> there is a possibility of a civil case, a civil rights case and this prosecution. >> there is more disruption. >> going in the paddy wagon go that way. >> i gotcha. >> they are not putting you in the paddy wagon they, geraldo. >> not yet please. can you represent me, sean. >> i would. we will get back to you

geraldo. stay safe on the streets there. >> they are dragging away. get up there. go go, go, go, go. horses are moving. horses are moving. [siren] >> horses are moving. horses are on the move. first time they have employed the horses. all right. very effective crowd control, always have been. most of the animals watch it most of the animals have nose masks on to prevent injury. >> get the line back. get the line back. >> okay. here are some of the arrestees. all right. gregory, get the camera in there. there is one of the kids being arrested. but, you know, over 100 of them were arrested on monday night and were let go because 48 hours later they could not yet charge them. oh sorry sorry. but here you are. and you see these are more

occupy wall street types sean than jefferson north. it's almost like i recognize these guys from downtown new york where it all started a couple of years ago. these professional agitators and demonstrators that go from town to town. they don't seem like locals to me. >> all right geraldo. we will get back to you stay safe. >> we will continue to monitor this. >> all right. geraldo, on the ground in baltimore. mike tobin is also on the ground in baltimore. he has got the latest. he is in the crowd right now. what's going on? >> well, it's the biggest crowd that we have seen defying the curfew. and now we are about 20 minutes after the curfew. and can i tell you in the last couple of minutes we saw -- we saw a very low police presence and also in the last couple of minutes we got this big throng of it looks like state troopers out there that have just formed up. on the east side of the street and they have never been there before. normally they come from the west side of the street. to give you a scene set i

will give you a look around here. still got a lot of media got this gentleman. let me ask you a question what are you still doing out. >> celebrating. we got a small victory today. a little bit of civil disobedience. >> 10:00 came around. you knew the deadline. why are you still staying? >> celebrating man. >> does he believe people are innocent until proven guilty? >> cop get arrested. celebrate in peace. >> i'm getting a question from sean hannity back in new york. do you believe that people are innocent until proven guilty? >> i have to. that's the way the system works, right? >> you see a lot of people out here calling for a conviction of the officers who were arrested. how do you feel about that? >> i want a conviction myself. we have got to go through due process. >> on what evidence? >> the real party is going to be when he gets convicted. when those cops get convicted. >> now are you going to let the process, if you don't get the conviction you want, how are you going to react to that? >> i'm going to be very upset. >> really? now what's the evidence that tells you that you should get the conviction?

>> one the police putting out the wrong information. >> that's not evidence. >> it's coming out there. they had the witness that was in the paddy wagon that said he did not injure hisself so why is it misinformation out there? so i know something's up. >> but that's not evidence. you are just hearing what you are going on, right? >> yeah, from the news. from the guy that's in the wagon from a witness. from an actual witness. that's evidence to me. >> he changed his story. >> the witness that was in the paddy wagon. >> he changed his story. >> right. he changed his stories a couple of times. >> yeah? >> yeah. >> i have to see that myself. >> first he said ed injured himself and then he said he didn't hit himself that hard. >> i would have to review that and see it myself. i have seen information. i have seen him speak and i think is he telling the truth overall. maybe he got some details wrong but overall the same message, i think. [no audio] >> as long as it takes like you said, man. >> do you want a conflict tonight? >> i would rather peace

man. peace and love. they are bringing the conflict. i'm out here standing here i got apple pie. >> out here with his apple pie. the people you see are still willfully violating the curfew at this point. the police have indicated they are going to be flexible with it you see they have. we are about 20 minutes into curfew went into effect. 22 minutes since curfew went into effect. now we see the line of police moving forward here, sean. >> mike tobin on the ground. >> start moving, you got it. >> all right. mike. thank you sir. we will get back to leland and geraldo and mike in a few minutes. as you can see this is the largest night where people have been defiant of the curfew that was put in place. joining us now for more on today's breaking developments in a hannity exclusive, an officer from the baltimore police department he has exclusive information on the arrest for his own protection we have disguised both his voice and put him in shadow. thank you so much for being here. >> good evening sean. >> let's talk about the --

what you just heard a jubilant crowd celebration they expect now the crowd seemingly expecting guilty verdicts for all six of the officers. what's your reaction to that? >> my heart goes out to those officers have to be standing out there during this after giving accused slap in the face maryland and have to stand out on those corners and hear that rhetoric all evening is disgusting. i mean, to hear it over this ear phone it makes my blood boil i feel sorry for these guys. >> what is the reaction of these specific officers and of everyone in the department sir? >> the reaction of the officers today was we never seen so many people stunned at the lack of justin that was done today. you walk through the hall and you would sea people crying sitting by themselves.

shaking their head. hugging each other it was unbelievable to see at that moment devastation that was done during that press conference this morning. the prosecutor claims this was illegal arrest. do you know the reasons why the cops went after freddie gray to begin with at 8:39 that morning? >> it was a sunday morning much the shift commander and two other officers were going to do, you know, crime suppression, drug patrol in that area. the area where they were working north avenue and pennsylvania and mount. probably the biggest drug area in this whole state by far. on a sunday morning they observed you know, mr. freddie gray along in a hand-to-hand transaction in intersection. two people immediately ran from the police. one ran one way. the other ran the other. officers caught mr. gray and lt. backed around and got the other suspect. >> so, freddie gray is a

known drug dealer. a heroin dealer, and this is a known drug selling area; is that correct? >> it's probably the biggest drug market on the east coast possibly and if you were to take a pin map and put a pin in for every shooting or homicide that was in that four block area, it would be nothing but pin marks. it's a violent area. it's a drug trafficking area. there is guns and murders and shootings on a weekly basis up there. >> did they see him selling drugs or just suspect he might have been selling drugs? >> he was observed in a hand-to-hand transaction small item in exchange for currency. at which time they approached mr. gray and the other individual and at which time they both fled. a foot pursuit was called out. if there gray was stopped in the 1700 block of press burry. the other suspect was stopped in the 1700 block of fulton, i believe. >> so the reason they chased him is they thought they saw

drugs. was that put in their report? >> not that i saw but in cases like this when drugs aren't necessarily located and there is times when you were omit that possibly where if you found mr. graham in possession of a knife you would rely upon that for your statement of probable cause. there was no recovery of drugs, there is also thought they were safe and just arresting mr. gray for the knife. >> do we know if there was a stun gun used in the arrest? >> there is no stun gun in the arrest. >> have we gotten back a toxicology report? preliminary toxicology report was done at the university of maryland shock trauma. mr. gray's your honor was tested and found positive for heroin and marijuana. >> wait. this has not been made public before. you are saying that the toxicology report or preliminary report has come

back and his urine tested ponge for heroin and marijuana? >> correct. >> now i no that he has an arrest record for being a drug dealer or known heroin dealer. was he known to be a user much the drug? >> if you were to go on averages when people flee during a drug transaction in baltimore, the first thing they would do is possibly try to throw it in their flight. the second choice would be to ingest it. and nine times out of ten they will stick the drugs right in their mouth, chomp it up, take a bottle of water, swallow them and they are never recovered. >> so if he was not a normal heroin user and he did ingest it, couldn't there be a possible very negative reaction to a first time heroin use? >> there are cases where people have swallowed entire packs of 25 gel caps down their throat and swallowed

them and we have had cases in the past where people have overdosed and died in that circumstance. if mr. gray swallowed lord knows how many pills three four five, then, there would obviously be an adverse effect on it it his aspirations, his heart rate, his thinking and his actions. >> did the officers, and you know because you have response to them. >> did the officers know or suspect that he was high on these drugs at the time? this has not been made public. ill would like to know why it hasn't been made public before. did the officers you spoke to suspect he was high on heroin or pot or both? >> i guess you could say by his erratic actions being put in the van where, you know experts would say that he was able to get in that van on his own that his action would be those of someone onth under the influence of something. like i said, in that area of west baltimore, it's a daily occurrence where you are come into contact with

numerous people in that state. >> yeah. because, if he was not a regular heroin user, is it possible, you have seen people i assume in the course of your work and he used heroin and this could be for the first time, would that maybe explain the initial report by the other prisoner that he was banging his head and trying to injure himself even though he has now recanted that? >> it would be an explanation because if he is not a heroin user his tolerance would be exstroomly low. if he would swallow just several gel caps hills actionst would be obviously lethargic. depressed breathing and depressed heart rate and he wouldn't be right and the right frame of mind to say the least. >> what about the prosecutor marilyn mosby and she spoke directly to the demonstrators and she made a lot of comments while she made her statement including to the people of baltimore, i herd your call for justice.

later on she said that a couple of times. our time is now. did you find that statement political? >> definitely. if you were even just -- it's only just when convenient to her. if you would even look super officially at the conflicts of interest in this case, right now you would shake your head and say how is it that dwight petit, her mentor and billy murphy, her honor transition team and largest donor is representing the gray family. can you say why does her russ nic mode the councilman in that area where all the violence is taking place. >> her husband is a received transition support. you think there is a huge conflict of interest. is this talked a lot about in the circles of police officers that you deal with with every day. >> yes. >> you can see nick arm and

arm with protesters and next day his wife is, you know, up on justice. you have got to be kidding me. >> what about the claims that he was seeking medical -- prompt medical attention and there was controversy over a stop that was not initially reported. what you can tell us about that? >> he was initially obviously, you have seen the vape asking for a medical assistance. and i can't speak for the officers in every aspect but i can tell you through experience that when you arrest somebody in baltimore one of the biggest cards they like to play so they avoid going to central booking intake facility is to say i'm hurt of, take me to the hospital. because the last thing an an aggressive officer who wants to make an arrest and better that community wants to do is to be out of business on sunday rather than apiece somebody who is not hurt. can i understand where they are coming from with that. >> i talk to other sources

who told me that freddie was well known to most officers and he oven, quote carried on when he was arrested. did you know this individual? >> no, i didn't personally. but i do know of donte alan. >> um-huh. >> the cohort in the back of the van. >> you do know him the one who changed his story? >> correct. the day after we give the prosecutor in this case the case voted for the homicide. case voter freddie gray police integrity teach deputy. somehow the best bet of jane bletedz so he through jayne miller is able to contact mr. alan out of the view and see much this is unlake lidge mere continue yans state attorney is in a relationship with a report that broke the story about the other prisoner changing

his story. >> correct. it's just a well known fact that ms. bledsoe and ms. miller are very close friends. >> so, i guess you suspect then that pressure was brought to bear on this individual? >> right. you know what? the best story that you are going to get from somebody is right after the incident. >> as time goes on and mr. allen had no idea that mr. gray died or was involved in this worldwide crisis right now. obviously, a lot of witnesses in baltimore who do think -- see things and do come forward initially do recant over time due to the pressures of neighborhood and the pressure we put on mr. allen and his circumstance when the whole world is watching what he is saying and he had to live in that neighborhood. he was doomed to failure from the start. once he has outed by ms. miller it was a forgone

conclusion that mr. alan was going to change his testimony devote in living in that neighborhood under those circumstances. >> do you feel that you are at risk if your identity would proximate cause known to the prosecutor? >> definitely. i don't have the same saint i can right as the protesters. i to you subpoenaing up or my family staying there and being unfair irmuchly polluted. i'm definiting my brother against the president againsting against the state attorney. triking to speak for every many with on the baltimore i buried detectives, i have buried officers what she said this morning opened up all those packets and spit on all of them. is anybody that laid down their life for the city as

what she said this morning. >> as we still go over this case, one question remains is and that is how did this severing of his spinal cord with his neck happen? how did the injury occur? the prosecutor suggests it happened in the van. what are the cops there saying happened? >> there is no other information that i would have privy to that it didn't happen in the van. at no same would anybody ever say that anybody took liberties on mr. graham in that van. the injuries that mr. gray sustained were due to his own hand or his own actions. there was no one responsible for those injuries except for mr. gray. the worst thing our officers did was fail to seat belt a combative prisoner, then so be it. to make that jump from unseat belted prisoner from

second drew murder is absurd. >> you have been involved -- human years. i don't want to ask you that that might give away you're identity it. you he no the expaws for second degree purpose. you know what is noted for these second degree murder you need to show debraved hart. show that somebody acted a growingry negligent manner, mr. police did not put the seat belt on and may not have given tube i didn't hear any other evidence. do you know what she is very significant chargessen then? i'm familiar with the standard we have to meet. charge somebody with homicide. if you were to go to the homicide unit and look homicide unit in detective's desk there are 80 cases that

could be closed today if the prosecutor or ms. mosby would choose to charge them. she wants justice when it's convenient to her. she could careless about the justin dozens of mothers in cases she refuses to charge on cases that are observation potentially stronger to this case. >> you believe she did this today to appease a crowd of people that were loud? >> definitely. >> yi. >> for political reasons and to avoid, you know, further riots and looting. she sacrifice six officers who were doing their job that sunday morning to appease a mob and political friends. and political donors and her husband. when did the police realize that freddie four different stops when he did realize they've in trouble. >> when they started to transfer mr. freddie to vfrmt via.

need units to respond with uncooperative prisoner in the back of the van. >> so, in other words one of the stops or at least one or two of the stops were because he was being irate in the back of the van which kind offed the first story of the other help by himself to try to see what was going on in the back of the van. >> can you -- did the mayor of your city tell you officers on monday to stand down? >> from what i harvard from everybody and what i heard on the radio there was under no circumstances were we not to engage anybody doing anything. it was people over property. let me do what they want. give them as much property as they want. just don't engage. >> one of the reporters the other day. if he f. they start fighting you we can't help you so avoid a riot.

that was direct from a commander. >> are police talking among themselves that maybe they are not in a position to door their jobs if they are going to be prosecuted. does that come up? that's something about police regardless of the circumstance is regardless how much this breaks your heart. regardless of how the community that you protect and serve on a daily basis or have you been injured or you have had friends killed or you have done, you have been away from your family but you continue to dedicate yourself to that these officers will do their job. during the speech by ms. mosby no one would think about talking about a double homicide that occurred on the other side of town. but, you know, officers would shoot up, go to that homicide. go down the steps and you will see officers putting on their riot gear to go stand out there at pennsylvania north amongst that crowd being called murderers and spit upon for the next 10 hours. but they will go and do it

because that's their job. >> so, let me go back. >> sacrifice every day above and beyond every day. >> let me go back to the toxicology report. you say the preliminary report showed that freddie gray and this is new tonight was on heroin and marijuana. when will that be made public? >> i guess the final report would come from the medical examiner's office, which at some point would be made public. >> is there any other facts in this case that you want the public to know before other people may be rushed to judgment? anything that would help them maybe understand a little bit more what happened here? >> i could say that the death of mr. gray was completely unfortunate. but at no point did any officers intentionally set out that morning to -- while they are doing their job to at any point hurt mr. gray.

mr. gray's death of the result of mr. gray and that's it. it's not from the wagon man. it's not from the shift lt. who is out there doing drug work or two officers chasing people through the most drug infested violent neighborhood in this city. putting at that moment they started doing it. >> it's. >> go ahead sir, go ahead. >> no, guilty. >> if you were to be identified by your department, what would happen? >> i mean, i would face a possible termination. >> you would be fired you think? >> i believe so. >> but you feel so compelled to speak out because you feel this is such an injustice? >> it's a big -- i mean, i came into that interview thinking there has got to be justice. but after that the lack of justice that was done to this department today i turn on the news see our mayor who on monday night refused

to even acknowledge that there were 20 officers hurt and in hospitals deferred to someone else to speak about it. >> there is now 100 people. i want to thank you sir for sharing your story with us in breaking news tonight. you won't be identified by me. so, good luck to them trying to figure that out. appreciate your sharing it. i think the public wants to know more what has actually happened and other side of the story and there seems to be a lot more coming out in the days and weeks ahead. thank you for joining us tonight. >> god bless you sean, and god bless the baltimore police department. >> thank you sir. joining us on the ground in baltimore is geraldo rivera. geraldo, what's going on there? >> is he my personal security. they are charging. they are both my personal security. sean the -- my personal security guy fell and may have broken his ankle. he -- you know, they have weapons on them and the officers in their caution

and i understand it completely didn't know who they were. and are checking them and we are cooperating absolutely with them. >> did he trip or what happened? >> yes. well in that joss sell that jostle so intense and demonstrators were not heeding the curfew there was a lot of kinetic energy and a lot going on. one of our security guards fell. we think he may have broken his ankle. the other is being detained just for questioning as they sort out his true identity. and i have explained to the lt. these fellows from frederick, maryland, that he is our guy. so i think we will be able to resolve. this but there were quite a few arrests as you saw. i don't know the exact tally yet but many more than i saw last night. >> are people still out on the street? >> all right there you are.

they are springing our guy. thank you very much. >> he they're free to go. they are taking off. >> what a man i appreciate it. thank you. you guys stay safe. you know we are in your corner. all right. >> no problem. >> sean, this one legal point i just want to make here in your very dramatic conversation with that source and those explosive developments it's not a crime to be stoned. you can be -- have whatever drugs in your system whatever cocktail you at the present time to kill yourself with unless you are dealing or possessing. >> he was very clear. geraldo, there is a legal aspect to this that contradicts what the prosecutor said and that is, if you remember, the prosecutor said this was an illegal arrest. now, if the coshocton in their reports and we haven't seen them all made the case that they saw a drug deal, that would be justifiable. >> our security guy is being loaded in the ambulance now. they are going to take him to the hospital.

i don't want to show him because we don't know what his family knows and what they don't know. yeah. he is in good condition? all right. the -- the illegal arrest side of it, i swear sean, this is a federal case, i feel that the politically charged atmosphere around here, there is no way there is going to be fairness in this process right now. >> no way i agree. >> you want to be fair to the victim, of course, you have got to be fair to the accused. >> geraldo. >> understand that baltimore is different than missouri. >> if ever there can be a case made to have a change of venue, this is it for a couple of reasons. >> you got it. >> >> so i have got to believe that that's going to be a big part. are all the people off the street for the most part or are there still arrests going on. >> they are detaining everyone. >> with this new revelation

by this police officer. >> all right. we're. >> we're doing our job. >> go back there. >> all right. we're cool. we are with you. all right. that's our guy. that's our guy. >> this has been -- travels with geraldo sean. >> geraldo just on a personal note, i think you're 70 years old now and running around like a 2 a-year-old brand new reporter. you crack me up. >> try to do our job. >> if as the police officer suggests that this is a well known. >> brandy right now. >> go ahead. >> it's a well-known drug dealer. many many arrests long rap sheet. maybe if he was running if he did ingest the drugs does it raise the possibility that he could have had a horrible reaction that resulted in the violence

that the other criminal first described and changed his mind on and that caused the driver of the van to stop? you don't think that comes into play at all. >> i think that it is evidence to establish the the state of the suspect but it is not a crime it is evidence of state of mind and condition. it is of himself to be stoned. he could have been on angel dust and horse that knew. >> if they saw him do a hand to hand deal. >> they did not charge that. >> major wants to talk to you without the camera. >> sean, i have got to go bail my guy out. they want to talk to me personally. >> you know. >> thank you very much. have you been great for us all week. >> thank you. >> all right. thank you. >> i will tell you, he is in

the middle of everything. geraldo. he really is joining us on the phone. reaction to these arrests is a local bail bondsmen. quinton read is with us. welcome back to the program. how are you doing. >> i'm doing good. >> you had yourself bailed out freddie three times. >> three times, yes, sir. >> were they all narcotics charges. >> one was a fourth degree burglary. >> fourth degree burglary but he has a long rap sheet of selling of narcotics direct. >> he wasn't been convicted but once. >> do you know if he was a user of narcotics? >> no. he was a clean cut man. man, he always was clean. >> yeah, but the own reason i'm asking. i can't confirm this but the officer told us tonight and we'll be waiting in the days and weeks ahead to see if this is corroborated. he said the preliminary toxicology report shows that he did have heroin and marijuana in his system.

did that surprise to you hear that? >> it would surprise me but the officer can't confirm it either. that's just information right now though sean. is he saying that the preliminary report came back. i -- look, i didn't have access to it i'm telling you what a police officer in the department is saying to us tonight. can i only report what they say. >> what else you can tell us? is it a common occurrence that if somebody is dealing and the cops come to get them that they would ingest the drug? is that common? >> i have seen that before. let me tell you something about this. if it wasn't for you hannity, i posted bail for caesar are a -- -- ramiro goodson. >> you posted bail for the the driver. >> i sure did. >> so his bail was 300 grand, right? >> 350,000. >> 350,000. did you talk to him today? >> no, i haven't. i talked to his family. >> okay.

so you posted bail, he is out of jail now? >> yes, he is. >> did you post bail -- >> -- so i'm also his bail bonds men too. >> you are the most popular guy in town if you get >> you're going to call somebody. >> yes. what other insight can you give us? here is the problem. we have a prosecutor that has really reached to the highest level of charges, and yet, the only thing that she was able to layout in terms of evidence today and this is important, is that freddie was not buckled in. she mentioned that five times today. and that perhaps, that it's likely the police did not respond immediately request for medical attention. if you look at this from an evidence standpoint that does not rise to second degree murder with a depraved heart. >> we don't know if the

officers -- wait a minute she can't lay it out. you know that sean. wait a minute. you know she cannot lay it out you know that. >> when i listen to her today, this is my take on it. when she talks to the people of baltimore, that i heard your calls no, justice, no peace, she said that twice, then refers to our time is now while talking to the young people involved in the rallies. sounds like she's got an agenda here. >> well let me tell you agenda. if she has agenda we'll find out when we go to court we won't find out before. we'll just be guessing. we'll find out when they go to court. until then -- >> sheriff david clark was on today. she said i think this was very

political. and he went on to say maybe she was trying to appease an angry crowd. >> this woman said i'm going to make big decisions and make something that is not popular she made a big decision and it blew up in her face >> you don't think the fact she has links from the gray family attorney and he was on her transition team. you don't think that is a conflict of interest? >> well i don't. he's not going to be defending them in court. that is going to be a civil matter. they're going to criminal court. >> what if al sharpton would have said if darren wilson's attorney had donated campaign

cash and served on the transition team and the prosecutor who sided with officer wilson are you saying that people won't have said that is a conflict of interest? >> you're in the bail bondsman business >> i don't have no relationship with her the first time i heard of her was three years ago. >> thank you. appreciate it. >> thank you. >> here with us is mark furman. what is your reaction? >> it was pretty interesting and passionate. this arrest is more like 75% political 35% legal. i think it receivered the

relationship between working cops and city management. they've done more damage than good. >> all right. darrell, i promise we're going to get to you. more with mark and more on the ground from baltimore, straight ahead. the #1 prescribed acid blocking brand available without a prescription for frequent heartburn. get complete protection. nexium level protection™ you owned your car for four years. you named it brad. you loved brad. and then you totaled him. you two had been through everything together. two boyfriends. three jobs. you're like "nothing can replace brad!" then liberty mutual calls. and you break into your happy dance. if you

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continuing now with darrell parks you know, we still don't have an answer, darrell. there is no evidence we don't know what happened. we don't know what this case is based on. we know a seat belt wasn't applied. i want to see the evidence. don't you? >> well we have to give the benefit of the doubt to prosecutors she reviewed the evidence. >> you don't think it's a conflict of interest taking money from the gray attorney? >> let me say this sean. in most situations you have elected judges you're going to find plenty of times people may have given to the campaign. that is lone is not a basis --

>> there is a strong case for recusal of the prosecution and a special prosecutor. you'll see. thanks for joining us. that is all the time we have left this evening. thank you for being with us we hope have you a great weekend we'll see you back here on monday. a special edition of the o'reilly factor is on tonight. >> we have probable cause to file criminal charges. [shouting] >> to the people of baltimore and demonstrators across america i heard your call for no justice, no peace. >> baltimore police officers now charged in the death of freddie gray. we will go live to the streets of that city for reaction. >> to those of you who wish to engage in brutality misconduct racism, and corruption, there is no place in the baltimore city police department for you. >> as the rhetoric flies there are questions tonight about whether the accused baltimore cops can get a fair