-- >> 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 trial. we will debate it.

[shouting [bleep] she has been called mom of the year some say toya gram is no hero at all. we will analyze that. caution, you are about to enter the no spin zone. this special edition of the factor baltimore the next chapter begins right now. pleasure ♪ >> hi, i'm juan williams, thanks for watching this special edition of the factor baltimore the next chapter. we begin with breaking news. you are looking at the streets of baltimore tonight, hours after charges were filed against all six officers involved in the death of freddie gray. charges ranging from second degree murder to involuntary manslaughter false imprisonment and assault. baltimore city states' attorney marilyn mosby laid it out saying there was no probable cause to arrest

freddie gray that the knife he had was legal under maryland law and the police failed to get gray medical attention. >> the manner of death deemed a homicide by the maryland state medical examiner is believed to be the result of a fatal injury that occurred while mr. gray was unrestrained by a seat belt in the custody of the baltimore police department's wagon. >> all six officers have been arrested. but an attorney for the fraternal order of police speaking on behalf of the six officers is denying any wrongdoing on their part. >> let me state in no uncertain terms that lt. rice and all of the sphersz officers involved acted in accordance with their training as police officers. no officer injured mr. gray, caused harm to mr. gray and they are truly saddened by his death. i believe that the publicity in this case is driving force to a rush to judgment and causing this prosecution to move so quickly.

>> joining us from baltimore fox news correspondent leland vittert. you have been doing a great job. i want to know what's going on in the streets right now. we now know that these officers this is the latest. three are black. three are white. is that causing any reaction response on the streets tonight? i have asked that question. the streets look like the ravens have won the super bowl. does it matter that the officers or black or white they said. no the police are one color and that is blue. the celebration that's going on here is kind of interesting in the sense that you have a young man who has died and six police officers have been charged now with crimes. i want to bring in edmund, we have been -- give me your initial reaction now that the officers have been charged? >> definitely excited to hear what they there are officers that have been charged with the counts that they have been charged with

i think mosby has done an awesome job. at the end of the day this is a great city. i just feel like all the celebration is coming from -- it's a little early. but it's a step in the right direction, not just for baltimore but for america. >> there was a moment that we saw here. there was hundreds of cars that walked past and thousands of people that walked past us standing here. and there was a couple kids on top of the cars and i saw this a number of times happen. flip the police a bird and yell at all of these officers standing here. f the police those type of things. what is that a symptom of? what does that tell us about the level of anger on the streets? >> the level of anger is high. it's high for me i haven't had police brutality but i have been profiled several times. i understand where it comes from. it's awful to go through. i think if i deal with it in my suit in a nice car and their pants sagging deal with it way worse than i do.

they got a reason to be upset. >> leland, ask just quickly about the fact that the officer who is facing the most serious charge, second degree murder charges is a 4 5-year-old black man. the officers face different charges. second degree murder, the man who was driving the police wagon he is black. is he 45 years old. does it matter whether officers are black or white who are involved in this case to you? >> that doesn't matter at all. you know it goes both ways. what i will say is that i'm not exactly sure that the driver is the one that needs to be looked at. certain live we should look at him but i'm more concerned about what happened to him prior to getting in the vehicle. on the way to the vehicle it looks like his back was broken in the first place. >> one thing that's happened that we have found on the streets here, juan, is that a lot of folks think that the trial should be held this afternoon almost.

people are ready for some very quick justice here. we know that's going to take a couple of months. i want to ask you edwin, in the sense that there is a trial. you have a very diverse population. black officer involved. is it going to be a fair trial or going to be something like rodney king? >> that's a very good question. i think there is going to be a major blow up in the city if that doesn't happen. it's bigger than baltimore. it's america. this happens time and time again. and it needs to stop. and i would be afraid to see what happens here if there is an acquittal. >> leland, i want to know about. so reactions on the street. you have been doing a terrific job of reporting from the police union i want to know what you are hearing from the police officers. has the decision to charge the officers made it difficult for them on the

streets? you describe people flipping the officers off and cursing them out. is it harder to be a police officer in baltimore tonight? >> that's a great question, kwan. it cuts both ways. easier to be a police officer because there is not the level of rage there is this sense of lawlessness and freedom. not in terms of we saw people doing wheelies down the street and blowing off steam there hasn't been any rock-throwing and so far there hasn't been any looting going on. of course, the big question is going to be what happens when all of a sudden we get curfew time, do all the people out in the streets and thousands who walked by earlier actually decide to go home and in the sense it s. it harder for police officers? i would answer that yes as well. i think there are a lot of police officers who feel like these guys were made to be scapegoats in one way or another. everyone agrees that freddie gray shouldn't have died but people think that there was

a real rush here in terms of the prosecutor charging these officers and also there is a lot of people, including the fraternal order of police has come out and said the prosecutor should recuse herself because one of her mentors someone who has given a lot of money to her campaign turns out to be freddie gray's family attorney and the fraternal order of police say the mere appearance of impropriety should have meant a special prosecutor it only took 24 hours from the time that the police got the report and gave it to the states attorney and we saw those charges. >> there is no way that you can separate the politics from this at lease now transparency. >> leland, thank you for coming in. next on the run down, can the police officers charged in freddie gray's death get a fair trial? that debate when this special edition of the factor comes right back. bring us your aching and sleep deprived. bring us those who want to feel well rested.

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in the impact segment tonight, county six officers charged in freddie gray's death get a fair trial. comments like these from the baltimore states' attorney are raising concerns. >> to the people of baltimore and the demonstrators across america, i heard your call for no justice no peace. your peace is sincerely needed as i work to deliver justice on behalf of this young man. >> and now the fraternal order of police is calling for a special prosecutor in the case after it was reported that an attorney for freddie gray's family donated a thousand dollars to the election campaign of baltimore's states attorney marilyn mosby and also served on her transition team. then there were these comments from baltimore's mayor. >> we will get justice for freddie gray. believe you me we will get justice. if we are going to do it because we are going to work together because if, with

the nation watching, three black women at three different levels can't get justice and healing for this community, you tell me where we are going to get it in our country. >> joining us now with reaction from miami retired judge alex father rare who ferrer. jay, let me begin with you. is there any chance of a fair trial here? >> no way. the first problem is that you have this 35-year-old prosecutor, which is very young. she has only been practicing law at most 10 years. probably at most tried six murder cases on her own. which means she is very inexperienced and she is rushing to indict this case for political purposes. everyone in baltimore must love her for having rushed to do. this she didn't use a special prosecutor which clearly should have been done to eliminate the appearance of impropriety and her husband sits on the

city council and now you find out the attorney for the gray family is one of her biggest financial donors for her political campaign. >> go to alex. >> total appearance of impropriety. >> alex, you are a man who has been through these woods many times. alex can he get -- can these officers, these six get a fair trial? >> well, i think they can definitely get a fair trial. the question is can they get a fair trial in baltimore? i'm not that concerned about what the prosecutor said. let's face it, the prosecutor is your adversary whenever you are a defendant, regardless of whether she makes those statements or not. i expect her to be prejudicial against you. i'm more concerned about the comments made by the mayor in that racially charged and racially divided case. i'm not sure it's a great idea for her to get up there and say three black women can't get justice in this case. it is pitting anus against them mentality. i understand i wouldn't be surprised if al sharpton wrote the speech for her. baltimore, where it's two

out of three residents are african-american. i think she totally was basing her next campaign on this. >> hold on, that's a serious charge. there is a black justice in this country and white justice. if we look at other places and ferguson and other places. maybe where there weren't charges brought you say oh, if it had been a black prosecutor a black mayor you would have had a different result. is that what you are saying? >> no. i'm not saying that at all. i'm saying that the mayor of the city should not be stirring the pot along racial terms. but i think she is doing it clearly for her next re-election. but as far as picking a fair jury. i picked fair juries in miami in very difficult cases that had a lot of publicity and a lot of animosity. it takes a tremendous amount of work. and sometimes frankly it can't be done. but you try. and when you find out you can't do it it, then what happens is venue gets moved to a different location and the defendant gets a fair trial wherever the defendant is tried. >> let me bring jay back in.

you are hearing now alex says oh no, it's not racial. i'm going to tell you people think it's racial there are a lot of people being critical of mosby was putting down riots or threat of violence from a mostly black crowd with this decision today. >> it's entirely racial because the african-american mayor and the african-american prosecutor and her husband and the attorney for the family are all working in cahoots together avoid all of this racial tension that's happening in the streets. you have gangs targeting police officers directing violence toward non-african-american businesses. >> that's a criminal conspiracy if what you described is true criminal conspiracy to violate the rights of these police officers. >> absolutely. what is even more clear with the judge in this instance change venue here. there is no way that these officers can get a fair trial in baltimore. >> very quickly jay, do you think that this was just a

matter of negligence by the police? >> that is an excellent point, juan. let's take a look at this case in comparison to what happened in staten island or north charleston, this is what we call negligence. so it belongs in federal court for a civil rights action under section 1982 which is a monetary damages. not a criminal prosecution of police officers. >> be my judge tonight alex, what do you say? >> well, first of all, i didn't say this wasn't racial but that's okay. that was a different question. as far as this being negligence i just wrote a piece for foxnews.com an opinion piece where i talk about that specific issue based on the probable cause affidavit that was read by the prosecutor earlier today i don't see the probable cause for murder. she didn't set anything out that would give rise to a second degree murder conviction. under police officers face manslaughter is a stretch. i put in there that i believe that this is clearly a negligence case the county will be sued. the city will be sued. the police department will be sued and that's probably

where it justifiably belongs. now, will there be a manslaughter conviction? it's entirely possible. that's up to the jury to decide rises to the level of gross negligence. >> you know the odds are in these types of cases that you know what? you do not get convictions with police. it's just a fact. >> two things, juan. >> run out of time. thank you. >> one the officers to flip. >> okay. hang on. >> the prosecutors can use one of the officers to flip on the other ones. >> yeah. they will try that. there will be a circular firing squad. all kinds of tactics. directly ahead had. how big a role has the breakdown of the family played in the turmoil in baltimore. moments away.

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in the personal story segment tonight, we have been examining how the breakdown of black families have played a role in the chaos in baltimore and many other american cities. some on the left say the government is just as much to blame for the problems. >> when there is money -- a money crunch, when there is a problem with the budget, what is the first thing that's cut? it's money that's cut to urban areas or the poor. children going to school. school lunch programs. moneys for mothers with children single mothers with children. we talk about breakdown of the family. there is an onus on another group. washington. >> joining us now from baltimore political consultant chris melts ler who has thought race theory from georgetown and shelton the naacp washington bureau director. let me begin with you chris melter and ask do you think

that's right it's funding as much a problem as a brokedown of the african-american family? >> absolutely not. the issue here is not funding. the issue here is in fact the breakdown of the black family. in this particular case we saw a lot of rioting in the streets visited on baltimore by black youth. to get on to this question of the fact that the government somehow responsible and needs additional funding makes no sense. how about we look at the funding we have and use that funding accordingly? we cannot continue to have more and more funding in this case. that's not the issue. the issue is not funding. >> let me bring hillary shelton in here. hillary, there is lots of funding. it's not the case that there is a low per pupil spending rate in the city of baltimore. not the case that they haven't had urban renewal in the city of baltimore. it's not the case that you

don't have social workers and, you know, the typical big city administration of poverty. it's just not the case. but how can anybody say it's just about the money hillary? >> it's a number of things. it's a chicken egg effect. that's what you have is resources and real opportunities not being available. in essence resources are money helps along those lines but not the only solution. good policies. you need good programs to help address all these issues. what is is the strategy for moving people from poverty into the middle class of our society? we are not seeing that. we also have aíve íc quite frankly. all that contributes to much of the challenge we are seeing and the uprising in baltimore. >> but hillary is it the case that you think that the money that goes in right now, money that, by the way in the city like baltimore is orchestrated by liberal democrats, hillary? it's not republicans in there. what is it then, with this money, with the spending

that's there now that can be somehow described as insufficient and enough of a reason for people to riot? >> well, let me say i'm not going to put it on money alone. money plays a major role. resources are extremely important. we're talking about is they are not the kind of programs that support people being able again to lift themselves up. that's extremely important. but also look at how the. >> what kind of programs are those that you are talking about help someone lift themselves up? there is schools. there is recreation. i mean, what are you talking about? >> school's recreation will hold you where you are but does not move you out of the poverty situation you are in. we are the programs that give you job opportunities in that community. where is the programs that give people a sense of community and safety? >> you think there is no job training in the city of baltimore hillary shelton? >> what's the unemployment rate in baltimore? sad down has one of the highest unemployment rates throughout the city. >> so all play a role. can't let anybody off the hook on these issues. >> i think a lot of this has to do with people high

absentee rate from school. family breakdown. no authority figure in the house. first time a policeman shows up is the first time they have ever seen somebody who says hey behave yourself and those people are going to have a difficult time finding a job with the best job training program in my opinion. chris? >> and that is exactly right, juan. the issue here is not that there is insufficient anything. that's not the issue. if there is something that's insufficient it's the structure of the current black family. number one number two hillary, you are talking about strategies. well, we should be looking to the leadership. >> integrity. >> john, let's look to the leadership of the city of baltimore which has been and continues to be predominantly black? >> well, let hillary respond.>um ycuj >> no, you keep going down to the family of microcosm. if you ask every momma and daddy in that community what you want for your kids they

will tell you a good life. >> what about that there ars controlling the money there. >> you suggesting the partisan. are you suggesting the republicans would do it better? i don't know that to be the case. >> yes. >> we have a problem with the unemployment rate. we have a problem with the crime rate. what i do know is we have a problem with the homicide rate. what i do know is they have a problem with policing in that community. they have number of problems that need to be played out to make sure that everyone that lives in that neighborhood feels like they have real opportunity. >> hilary, let me just say if you say more money more money, more money that sure sounds like liberal policies to me. >> you are the only one talking about paying for more money. i'm talking about creating jobs and real opportunity. >> i think. >> liberal democrats. >> we have to run so thank you so much for coming in. >> up next, we head back live to the streets of baltimore with geraldo rivera. stay with us.

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the officer then the national guardsmen are responding to it i'm sure it's going to get very noisy, very soon. so,. >> geraldo how do you feel about what happened? >> i am excited. i feel great. i feel like this is the first step with justice so we can transcend this reality of this oppressive state that the city is in. >> juan, i think that there is jubilation and trepidation both. juan back to you. >> >> do you expect this weekend the size of the march is going to grow. still have the curfew in effect 10:00. with the celebration, do you think people are going to break the curfew and what about this weekend? today is may day. people anarchists a lot of crazy people are coming to march on may day anyway. now we have a reason i think generally speaking it has been honored. good thing emotional case

are very different. i think emotionally speaking the prosecutor did the right thing with the very broad very political context and put the arrest of the six cops. i think when you appreciate the legal aspects of it, this is no slam dunk case, juan. >> right. now, geraldo, you are a lawyer. let me ask you some legal questions from your perspective on the streets of baltimore. one of the interesting things that mosby said was there was no justification for the arrest. that the officers had no reason to arrest freddie gray. do you agree? >> i agree absolutely, that it was an illegal arrest. therefore, i think the federal government, turn around and get some of that. i believe that the federal government would have been better advised to file the civil rights case first because i think the murder

case and the other related charges will be much more problematic. much more difficult to prove. for instance, you have to know how he died. when did he die? who killed him? the reason i think she indicted or rather arrested and made the warrant out for so many of the officers hope. remember three of the cops turn against each other. [cheers] >> say that it was all his fault. he did it, he did it. >> absent that, going to have very tough time getting convictions on many of these cases. >> geraldo, do you think this was swift justice? that's what the police union was saying. rush judgment to try to quiet down those folks standing around you. >> i think that there was a rush to judgment but i have to tell you being on the streets in this volatile

situation. i am relieved that she did it. >> there will be consequences. i think it will lead to a change in venue in the case. case special prosecutor. on the other hand, i don't think baltimore is going to burn again the way it did here on monday night juan. >> geraldo, do you feel emotionally right now? that there is any sense of anger or it's all positive, all jubilation and this is over. except i might add, what about the police? how difficult a job do the police have they in sense have been blamed. i think the police are feeling very deflated. they are feeling very beleagued and besieged now. people on the community and those who are come from outside are feeling a sense of relief, jubilation. defiance strength. >> how do you feel? >> i'm ryan from tallassee. i want to say it's a human

issue. the police are good people, we're good people, but this was an isolated incident and the right thing happened. >> man i love the way the city is coming together. mad to think this is all of this for the city to come together. i mean, it's all good. >> how do you feel about the cops today. >> man good. remember they arrested zimmerman. they indicted zimmerman. this is a great step. three of the cops are black. >> geraldo, it's a shame. they don't value their oath. they value brotherhood between cops. >> instead of protecting the neighborhood like they should. so if these black officers allow these cops. geraldo, what have you been doing there. >> i have got to go. geraldo, thank you very much. >> thank you. plenty more ahead as this special edition of the factor moves right along tonight. how difficult is it to police high crime gang

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policing the nation's most dangerous high crime neighborhood. the recent events in baltimore show just how tough it can be. here to help shed some light on the dangers many police officers face is former local and federal law enforcement officer jonathan gillian who spent part of his career in new york city. >> that's correct. >> jonathan, let me ask you about the officers arrested today the states attorney says no crime being committed even though what we know is freddie gray ran from the police and had a knife in his pants. >> well, they definitely had the right to chase him.pzx so, whether or not they had a right to arrest him because, at first i thought they were reporting that he he had a warrant out for his arrest at that point in time. so now i'm not hearing that that's a problem i have with everything that i'm hearing. what is the truth and what is not the truth? i think when we talk about the way this information is being released. it's being fashion that appeases the crowd that is gathering and not justice. that's a problem.

law enforcement and their morale is very important. the special part of this is that baltimore unfortunately, is the perfect storm that we can take race out of the equation and we can now look at what the actual characteristics are of the problem that we're having. >> part of the reason for that is today we learned three oblack, three are white. let me just say so an officer shows up in a poor neighborhood. i don't care what race. >> right. >> you're going to have to deal with these broken families kids that are running wilgd. >> that's right. >> people that have never seen an authority figure and suddenly this big guy looks like you shows up and angry at you for trying to impose some order in that society. >> i think we can go even further than that in saying that law enforcement, they are really trained by the society in which they work. an officer that is trained in beverly hills and works there is not going to be the same as an officer that works in the inner city. the reactions are different because of what they face on a daily basis.

now, what do they face? they face a degradation of society in these areas. poverty, poverty knows no race. i grew up poor. it knows no race. so what it does though it creates certain social norms that good and bad people both subscribe to. so an officer goes into that community, it's not uncommon for somebody who really has done nothing wrong to be treated the same way as somebody who has done something wrong because the officer is looking at the who they are dealing with, what the characteristics are of this person and they have to -- they are not psychic. so they have to look at this earn 'and say what is the worst thing that can happen in this situation? >> racial profiling going on. let me just tell you i was talking with the chief of police in milwaukee recently ed flynn. he said you know what? look at the numbers where are the crimes the murders the robberies the break-ins. poor impoverished communities, black white mostly in milwaukee in a poor black community.

>> right. >> he has got to go and be a policeman. you don't have a choice. >> i grew up in a trailer park a lot of my life. the cops responded there differently. what i don't like even though this is not a racial issue. we are still talking about black on white. let's talk about good and bad. >> let's talk about how difficult it is to go in there and be a police officer. >> i just want to say this one thing. good friend of mine mentor. debbie break schneider her parents george and arlene, they raised this person, debbie in a project in east new york. she came out and had a storied career in the fbi because they set the standard. >> i will tell you what parents, parents leadership, it makes a difference. one quick programming note. don't forget to catch a new episode of legends and lies this weekend on davy crockett this sunday at 8:00 p.m. next tory graham being

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she be called mom of the year. >> [ bleep ]. [ bleep ]. >> get the [ bleep ] over here. get over here!

>> i understand how much my mother really care about me so i just got to tryoned and do better. >> even with those words from her said, there's a national backlash from toya with some thinking she went too far. joining me dr. stacy patton author of "that mean ol' yesterday." why would any pastor have a problem with a mother pulling her son out of though riots, preventing him from being the next freddie gray? >> this it's optics. this is the first time a mother is being held out for her effective parenting strategy. any other time she'd be put in jail arrested charged with

child abuse and we'd be seeing sandra bullock orange angelinia jolie rescuing her kids. she's living in a mean spirited racist system that requires her to be violent with her son. >> did you hear that young man say that his mother -- he didn't know his mother cared so much about him? >> yes. that's because we've all been tricked to believe and to see that brutality is somehow a form of protection and love. it's all part of this -- that's what abuse does. >> bishop jackson, i see it a little differently. i see it as a mother who intervened thinking she's trying to save her child's life. what do you say? >> i think she should be the mother of the year. authority is learned in the household. the boundaries of the house make a different in a community.

in a single-parent home with six kids she are saying you are not going to do it. if you're going to be out in the street take your mask off, act like you have some sense. i think if more people did that we'd have less violence and less looting and those kind of things in the street. so there are lines of authority that if you learn them at home you're not going to oppose police in the street. >> bishop did you hear what stacy patton just said? she said america is celebrating the beating of a black child and any other time people would be condemning this as a parenting strategy. >> that's absolutely wrong. you and i grew up in an era if your mother didn't beat you for doing something wrong, your neighbor saw you. there's a community accountability, starting with the household, followed up by the neighborhood and eventually the church backed up what the family stood for. that's what we're lacking right now in our neighborhoods, we're lacking a sense of personal

accountability. this woman is to be commended. there's a lot of excuses she could have had, she doesn't know what he's doing and he's too old to discipline. >> dr. patton, what you hear from the bishop is when a mom or dad engages in corporate punishment especially in a situation like that they feel like they're saving the child's life they're giving structure to a child who lacks that structure, lacks an authority figure to say what's right and what's wrong. >> once again, you've been tricked, bamboozled and plymouth rocklanded on your head reverend. the trick is to get to you believe that all of these problems all the sociological problems happening in our community are because black children aren't disciplining their children enough at home. that's totally obscuring the fact this is a racist country that is trying to destroy black community and put their children in the dirt if necessary. so you celebrate -- so you

celebrate -- let me finish this sentence. we celebrate toya graham. >> give me a chance. what you're doing is confusing two different problems. there may be structural issues in the system that we've got to deal with in criminal justice, but on the other hand there are things only the family can do. and so what you're trying to do is make big government and the government world be loud over all. what we need here is families to take their place, supplemented by the church communities to stand up and for us to self-police, not to have the imposition of external authority. that's what we're dealing with. >> i just want to say i don't know what is out there in terms of structure, but at home a parent has to take control if they love that child and want that child to be a success, no matter what obstacles are out there. >> yes. >> you are assuming that black people aren't having these

conversations or aren't being -- >> no no not at all. >> anyway dr. patton bishop thank you for coming in on this busy night. on deck new developments from the streets of baltimore. a live report coming right up. this is good, mom. "good"? (chuckles) it's delicious! and this new kibble blend is so healthy. thank you. no, nancy, thank you. kibbles 'n bits. because every bit matters. ♪ if you're looking for a car that drives you... ...and takes the wheel right from your very hands... ...this isn't that car.

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spray or gel. biotene can provide soothing relief and it helps keep your mouth healthy too. remember, while your medication is doing you good a dry mouth isn't biotene, for people who suffer from a dry mouth. in the back of the book segment tonight, let's go back to baltimore for an update with fox news correspondent mike tobin. mike? >> reporter: my estimation is that the crowd has actually gotten a little smaller since right at evening time when they were parading through the streets. you have so many people descend hearing at the intersection of north and pennsylvania. the police presence is pretty small as well. about the only police we see interacting with the crowd is this small line and primarily they're keeping people from spilling out in traffic. the traffic, you have this parade of cars going by people

honking their horns and hanging out of the cars and people on the streets are waving at them. it's kind of dwindled into a big block party environmnment. this is somebody i wanted to talk to over here. she's got a sign that says "convict the six." what's your name? >> poetry nell. >> you got the charges. you're jumping all the way to conviction now. how come? >> because george zimmermann was charged and we know what happened. we need an indictment. we need to see justice across the board. >> you got your indictment. you're calling for conviction now. >> i'm calling for conviction. >> without all the facts. >> we know the facts. we know he was in the back of the van. we know something happened where he was killed. i'm asking for conviction. >> go ahead, juan. >> i just want to know about some of your reporting. mike have you been talking to

business owners in the area? what are they saying to you? >> reporter: you know they are relieved. they think it's all going to go well tonight as far as the business owners and what they're doing, they are going to shut down a little bit early and they're going to shut down really with respect to the curfew going into place. nothing special. they're not boarding up their stores or anything to that effect they're just going to close down lock the door and count on the fact that everything's going to go well tonight, juan. >> mike, what about the curfew? do you anticipate people will go along with the curfew tonight, even in the aftermath of the charges? >> reporter: you know by and large with all the people i've spoken with out in the crowd, the overwhelming majority of the people say they don't want any trouble, they want to respect the curfew and they don't want a conflict with the police so they're going to go home by 10:00. even some of people with their faces covered up say, no i don't want any trouble, i'm going home. that being said there are some people who say, no i'm a grown

man, you can't maybe me go home. one woman with a face mask i said what are you going to do at 10:00? she said "i'm going to fight the power." >> it looks like a sizable crowd but you don't see any misbehavior, that for the most people it's people milling around. >> milling around that's taken on a block party atmosphere. i'd say it's gotten smaller since say 7:00 when there were hundreds and hundreds of people going through. it's pretty tough to get a gauge on the size of the proud and also the police presence is very small. that can you see. the police are mostly off in staging areas ready to descend in there's trouble. >> it's so important for us to have a sense of what's going on

on the streets. we really appreciate the fact you're out there for fox news tonight. >> that will do it for us tonight. i'm juan williams. thank you for watching this breaking tonight a kelly file exclusive. police attack what they call a rush to judgment. after baltimore's top attorney files charges against all six police officers involved in the arrest of freddie gray. welcome to the kelly file everyone. it led to joyous celebration was antipolice protestors high fiving and supporters honking car horns some are suggesting protests had an impact in this case. >> to the people of baltimore,