colin quinn thanks for coming in. that is it for us tonight. thank you for watching this special edition of the factor. i am bill o'reilly and please always remember the spin stops right we're definitely looking out for you. welcome to the kelly file special. the baltimore six. tonight new revelations in the criminal case against six cops that touched off riots protests and a nags debate on race relations. welcome to the kelly file. this weekend marks three months since freddie gray was arrested a man described as a repeat small time drug dealer taken into custody after he ran from cops. police found a knife which they said was illegal and decided to take him in. they loaded freddie into a police van and brought him to the station. somewhere on that ride the medical examiner has concluded freddie gray suffered a catastrophic injury.

he wound up hospitalized and died a week later. on the day of his funeral, the city of baltimore exploded. police were attacked homes were burned businesses looted. pharmacies and liquor stores specifically targeted. in the middle of all this the city decides to hit the six cops who handled freddie gray with a list of charges ranging from assault to second degree murder. >> 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. >> in recent days, we've had a closer look at what's behind those charges. the evidence the autopsy and a key witness who has changed his story. we begin tonight with trace gallagher, live in our west coast newsroom. trace? >> megyn prior to the freddie gray case baltimore police agreed to help mosby crackdown

on the drug infested areas. on april 212 lt when they made eye contact with freddie gray, gray took off running. police pursued and seconds later arrested him for carrying an illegal knife. freddie gray was cuffed and placed in the back of a police van. the van made four stops, including one the police say was to check on freddie gray's condition. though prosecutors maintain gray's request for medical attention went unanswered. during another stop a second prisoner was loaded into the opposite side of the partitioned police van. that suspect couldn't see freddie gray but the "washington post" reported that he told investigators he heard loud banging and believed the person on the other side of the van was trying to injure himself. allen later said he only heard light banging and denied saying that someone was trying to injure himself. here's allen clarifying on cnn. >> you cannot do that in the

paddy wagon. you probably can hit your head and have a little headache. but you ain't going to hurt yourself to the point you're dead and brutalized like that. >> when the police van arrived to the substation freddie gray was nonresponsive. the autopsy report obtained by the baltimore sun said he suffered a single high energy injury to his neck and spine comparing to the injury seen in shallow water diving incidents. the medical examiner concluded his death was a homicide because he was not belted in and his wrist and ankles were shackled making him at risk for an unsupported fall. the m.e. believes freddie gray was trying to get to his feet and when the van slowed down gray slammed his head against the wall severing his spine. here's the deputy police commissioner. >> i know that when mr. gray was placed inside that van, he was able to talk he was upset and when mr. gray as taken out of that van, he could not talk and he could not breathe. >> six baltimore police officers

have been charged with assault. four of them are also charged with involuntary manslaughter. officer goodson, the driver of the van is the only officer charged with second degree murder. prosecutors have now turned over 300,000 pieces of evidence. that's 52 gigabytes of digital files, the equivalent of 26 hours of high definition video. among the evidence are statements from 15 civilian witnesses, four surveillance videos four cell phone videos, blood samples from the back of the police van and 8,000 pages of the accused officers' e-mails. defense attorneys are calling for a change of venue because they claim the officers cannot receive a fair and impartial trial in the city of baltimore, saying the state's attorney marilyn mosby, made prejudicial public statements like this. >> to the youth of this city, i will seek justice on your behalf. this is a moment this is your

moment. >> they claim mosby aligned herself with the protesters and demonstrators and should be recused. megyn? >> trace, thank you. as we mentioned these six baltimore police officers face a variety of charges, assault, up to manslaughter and even second-degree murder. but some of these cops were only with freddie gray for the initial arrest. one did not see him until he was almost at the police station. and another drove the police van. how do we get to second degree murder and man slautslaughter. we have a criminal defense attorney and former prosecutor. let's group these guys into categories. it starts with the three who arrested him. you've got lieutenant brian rice garrett miller and edward nero. these three guys were involved in the initial spotting of freddie gray brian rice chased freddie gray and miller and nero physically placed him under

arrest and are facing second-degree assault charges and the manslaughter charge in the case of rice. arthur how do we get there? >> i did just what you did. rice also put the leg shackles on, but did not put a seat belt on him. miller and nero apparently heard him say or he cried out to them i can't breathe, i can't breathe and he did not put a seat belt on him. here's the thing, unlike police officer cases we know of when the police do something shoot someone, beat someone, choke someone, here the charges are stemming from what they didn't do. didn't seat belt him, didn't provide assistance when he said i can't breathe, they didn't provide assistance when he said i need help. it seems like it's their lack of action versus their action for these three people that have brought these charges. >> mark i get you didn't seat belt him because ultimately that seems to have played a role in his catastrophic injury, whether

he was jumping around in the van or it was a rough ride or whatever the evidence will show. not getting him a medic just because he says i can't breathe isn't going to cut it. the reality of policing and there will be testimony to this effect is defendants being placed under arrest after they just lead the police on a foot chase will say all sorts of things to try to get out of the instant situation to say i need help to go to a hospital instead of police hq. it is not the case just because he says i can't breathe and i need a medic that the cops have to shut down the arrest and run and get an ambulance. >> i agree with you. because i've been on ride-alongs. as a prosecutor i know that's exactly what happens. they'll often say oh, take me to the hospital. get out of here, you don't need the hospital. they'll have to be educated these jurors who have been significantly poisoned by the prosecutor's remarks that not everyone who says i need maed cal assistance really needs it or to not give it to them isn't

necessarily a crime. >> it comes down, mark, to the seat belt with those three guys. the assault charges, we'll talk about that in a minute. >> that's the seat belt megyn, but the hog tie. >> not just the seat belt. arthur did not include that one act that they did do. they chose to put him in a very vulnerable position. they're going to have to explain why. i'm sure they have reasoning. >> what vulnerable position. >> with their -- he had his hands behind his back. he had his feet the way that they were. any reasonable person i'm just saying listen i'm not saying they're guilty. i want to hear their explanation. in that town or any town in maryland jurors will say why did you put him in that position? >> i don't think that rises to the level of criminality. >> it might not. but they've got explaining to do. they do in front of these jurors. >> what she say, as the police chief says when he walked into that van he was very upset. they handcuff him and leg

shackle him and the bigger thing is 15 daisy think before they were told you have to seat belt him. >> four. >> four days before. >> you're right. in a 15-page document. >> there's no proof these officers were, in fact told about it. it's a policy went out. >> it was a 15-page memo four days before. again, it's their lack of action here that i see mark. >> let me ask you this. these guys are charged with assault. what is the assault the arresting officers committed against freddie gray? the placing of the leg shackles the placing of the handcuffs? what is it? >> megyn, i looked up the maryland law on assault. there is something about placing someone in imminent danger unlike where we -- unlike what we learned in law school, it has to be a touching for the assault. in new york, we have a menacing. >> back to the same thing we discussed. putting him in there without the seat belt. let's move on. cesar goodson, he's the driver of the van, most severely charged.

second-degree murder. >> listen -- >> there is no evidence that there was a so-called rough ride and so far it looks like that's been admitted by the state that officer goodson's charges relate to the fact he had somebody in the back that they're going to argue was in distress and he didn't get him help mark. >> megyn, if you believe everything and certainly i question a lot of the evidence. if you believe everything they're saying give the prosecutors every benefit of the doubt. at worst, you have negligence. you don't have recklessness. there is a difference between the two. one requires a willful and wanton disregard of human life or property which means if he were to slam on his brakes and give that guy a rough ride, give the prosecutors a reckless. short of that it's overcharged. >> arthur? >> i wouldn't say it's negligence. negligence is when you don't mean to do something, you make a mistake. if he said i'm going to give him a rough ride and intentionally -- >> there's -- our information is what the prosecution is not

prepared to argue that. they don't have the evidence to prove rough ride. it's going to be a negligent. their argument is as the ride went on he became in more distress and the eventual stops, there were five of them between the arrest and the time of the police hq where he was me help and get me help and he was blown off. that's what they're going to say. the other two defendants officer william porter and alicia white. porter showed to check up at freddie. he was told that gray could not breathe and needed a medic. he put him on the bench without seat belting him. charged with manslaughter. alicia white, similar. she was there at the fifth van stop. the very last one. they're going to say that she spoke to the back of his head. he didn't respond. she didn't do anything about it. >> how ismanslaughter? >> she did nothing at all except say --

>> i'll make the other argument. imt you want to keep it fair and balanced. >> prosecutors will argue that police officers are in temporary custody of this person and owe a duty to transport them reasonably and when someone says i cannot breathe, your obligation the prosecutors will argue, not me prosecutors will argue you must get them medical help. >> take away the discretion of the officers to determine who is telling the truth and who it not. we'll have a lot of trips to the e.r. >> i agree. >> to follow-up on what mark is saying if i'm the prosecutor the reason sergeant white is there because there were two civilian complaints about the arrests that people saw on the street earlier. that's what she was respondsing to. two civilians called about a rough arrest. i don't know what the exact wording was. but that's why she was there. because of two reports. >> let me tell you. sergeant white, here's the problem with her. they have to prove causation. she saw him on the last stop before he got to police hq.

it was a five-minute drive from there to the head quart toers drop him off. they have to prove her failure to call an ambulance to respond to him at that moment caused his death. his ultimate death. even if she called at that moment, how is an -- five minutes made the difference in terms of life or death? that's an uphill battle. >> i agree. >> there's that point and her own lawyer is questioning whether she had the interaction they're claiming. who is going to prove that she did hear and say and see the things they're alleging. >> we're told that she's beloved in the baltimore community. she's a churchgoer she's a volunteer for communities in need. she's beloved within the police force, the highest ranking female officer. the prosecutor she overcharged this case. >> the whole case. >> also we have our hands-on evidence that shows the key witness in this case has been

caught in a serious contradiction. we'll show you that just ahead. plus at the center of it all, a controversial prosecutor marilyn mosby. the woman who does not want anyone talking about the charges unless it's her. in a magazine fashion spreldad shot by andy leibovitz. how this affects the case. criminal justice system that has historically affected so many communities of color and what we're seeing right now when we turn on the news and we open up the newspaper is that frustration. we will pursue justice by any and all means necessary.

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to the youth of this city, i will seek justice on your behalf. this is a moment. this is your moment. >> that was state's attorney marilyn mosby after detailing criminal charges for the baltimore six. having a moment that has been widely questioned by other prosecutors and members of the legal community. from the start, critics questioned a series of events that suggest this prosecutor has a taste for the limelight. from her high-profile feature stories in vogue and cosmo magazines to cameo appearances

at a prince concert and a local circus some are suggesting this prosecutor is enjoying her 15 minutes a little too much. and that it could come back to haunt her and her case. judge alex ferrar is the host of judge alex and a retired circuit judge and former police officer. andrew brown is a civil rights attorney. good to see you both. let me speak with you judge alex first. given your pedigree as a former cop and judge. you believe she's been too out there. the magazine the p.r. she's sought out standing up next to prince while he's ripping on the cops and this case that she's supposed to be prosecuting. but the comments we just played this is your moment, inappropriate? and is it disqualifying? >> i would say yes and no. it's inappropriate and i don't think it's disqualifying. i think that her speech had a little for everybody. i'm not a big fan of prosecutors going out there and a gran

diesing their role. i think she clearly has a love for the limelight, but as far as like eliminating her from the prosecution, no. i disagree with people who say this shows that she can't be fair. she has a job to seek justice and she does that by determining whether or not to bring charges that are supported by the law and the evidence. once she's made that determination, i don't have a problem with her standing up there and saying things like i'm going to seek justice for freddie gray. she's made a determination presumably in seeking justice that charges are appropriate and the seeking justice for freddie gray is seeking justice in this case. now, the rest of her statements where she says to the youth that this is our time and things like that you have to put it in context. remember that for days before it was the youth who were rioting, who were looting and burning and stealing cars. >> so what? >> when you make that statement, you kind of make it look like you're in that camp that this prosecution is to stop the burning and the looting. i have a problem with that.

i do have a problem with that. >> that's her defense. she comes out and says i was trying to settle the city and my words calmed the city. but the question is is that the prosecutor's job to calm down the city with charges or statements to the community? or is that the mayor's job? is that the police commissioner's job? the dea is.a. should be seen as a honest broker who seeks justice period. no matter what justice winds up being even if it's i need to dismiss these charges. >> i couldn't have said it better myself megyn. looking for justice is what a prosecutor is supposed to do. a prosecutor a judged by how they prosecute. that's what the bottom line is. so those that maven gauged in the rioting or the looting, did she prosecute those people, did she bring them to justice? her office has prosecuted every single person that they could. >> no they haven't.

that's not true. >> there are people sitting there that don't have the bond they want to get because that prosecutor's office was tough on them. if she is prosecuting the cases where the facts and the law support prosecution, then she's doing her job. >> but that's a different case. first of all, she didn't prosecute everybody she cough in connection with the riots. that's not true. the focus is on her role in the freddie gray case. >> her power, absolutely. >> i said before as a lawyer, i take a position on this. which is i don't think she's done enough to disqualify herself. but i believe she's behaved grossly inappropriately and prejudicing her own case and the ability of jurors to look at her fairly and objectively. i object to the undermining of the prosecutorial role judge alex. >> i agree with you on that. i think that she has behaved inappropriately. i hear calls for her dismissal as the prosecutor because of her husk on the council, because of her relationship with lawyers. the reality is that the justice system is incestuous.

lawyers are married to police officers. >> i agree with you. it's her statements. >> that's correct. >> her rush to go out and detail the charges against these cops which she did in a lengthy presser. >> don't forget -- >> that was long. she -- >> when the defense wanted to have its lawyer speak up in defense, she said to the judge, shut them up. gag order. i don't want to hear from them. >> what? >> one lawyer that doesn't want their side to be put forth in the public or to be put forth in a favorable light and not the other side. that's the nature of the process. >> they both want their way. >> go ahead, judge. >> the only problem with this megyn, you remember the original charges rejected by the grand jury even though it's a one-sided presentation she charged the original officers with false imprisonment and assault. she felt the initial arrest was

illegal. you don't charge police officers with false imprisonment based on the fact they had probable cause and didn't. the issue remains to be resolved. there's an issue whether that knife was legal. certainly, you can sue the police department, but if you do that police officers are going to stop making arrests. >> she's criminalizing bad decisions. in her opinion bad decisions by the cops. >> i think that was a mistake by marilyn mosby. >> let's end it on a happy note. >> all right. to sum up she's behaved inappropriate lip but none of the lawyers believe she should be disqualified because telephone. there's the question of whether the cops can get a fair trial in baltimore. that's a separate question about whether there needs to be a change of venue. mark fuhrman is moments away on that. a man could prove to be the key witness. the only person who shared the van ride with freddie gray to the police station. and the question now is whether

this man will help or hurt the prosecution's case. next.

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live from america's news headquarters i'm patricia stark the gunman accused in last month's massacre in a church in

south carolina should not have been allowed to buy a gun. the fbi says clerical errors allowed him to get his hands on a weapon. he has been charged with nine counts of murder and three counts of attempted murder in connection with the shooting. a texas county clerk resigned rather than issuing marriage licenses to same-sex couples. the clerk wrote she cannot in conscious continue her job. i'm patricia stark, now back to "the kelly file". for all of your latest headlines log on to fox news.com. the kelly file recently got a firsthand look at some of the evidence in this case. and it suggests that a witness

named done at that allen could be key to the case. he's the man sitting in the same police van as freddie gray during the last leg of the trip to police hq. while his testimony is likely to become a major part of this trial, there are some serious questions about which side will ultimately benefit after mr. allen takes the stand. this is a man who seemed to change his story in a critical way. listen to what donta allen says when a reporter asks about his original account to the cops. >> now, the story is according to a newspaper report the "washington post," that there was screaming in the van, that you said that he was intentionally screaming and hurting himself. >> untrue. >> okay. >> very very very untrue. very untrue. i never talked to no investigators. i never talked to nobody. i got my own personal lawyer who i haven't talked to all day

because of the things going on. the only person i talked to was homicide. the exact same story i'm telling y'all, i told them. >> oh, donta, back with me arthur and mark. >> the magic of videotape, which has been produced from the prosecutor to the defense. guys we're told on tape saying all the stuff the "washington post" reported he said to the homicide investigators. namely they put me in that van, it sounded like freddie gray was trying to hurt himself. he was banging himself on the wall repeatedly. i was questioning why they put me in a van with a madman. a crazy person. with all the other issues involved in he said i never told them nothing. this is a quote. i'm not no snitch i'm not no rat. i'm a real n word. who exactly does doesn'ta allen help in the case arthur? >> nobody. i think he's irrelevant. he gets cross-examined to a point where at the end of a

trial, any trial, a judge reads a credibility charge and tells the jurors what to take into account, whether they believe someone or don't believe someone. in addition to conflicting statements that we discuss, there's going to be a new statement that he tells on the stand, which will be another mess. then they'll have his prior convictions and his criminal history. so the jurors are going to probably discount what he says altogether. >> perhaps. >> arthur. >> not necessarily. >> they're going to disregard him. i disagree with arthur. it's going to hurt the prosecutors. let me tell you why. i've been in the scenario. they're going to call him as their witness. as a defense lawyer, i'm going to have him popping in two places before he takes the stand. i'm going to ask the officer who wrote the report and say you understand how important it is to be detailed and accurate, especially in a homicide investigation. absolutely. when he told you the following, you never would have written that unless that's what flowed from his lips, correct? >> correct. i don't care if he recants, he's

done. this is a prosecution witness, megyn. it's going to hurt them hard. >> i agree with mark, arthur. the prosecution -- >> way to go megyn. >> his relevant testimony is what he said moments after he got there and got interviewed by the cops. before he understood that he was going to be looked at as a snitch and that there was a race thing and that there was an issue of cops versus a local, freddie gray and so on the initial testimony was and it's on tape we're told, that it sounded like he was trying to hurt himself, he bangds his head repeatedly and he believed he was in the van with a mad man. >> the prosecutor is not relying on that. >> but the defense will. >> right. but the -- >> they're calling him, arthur. >> of course they should call him. that's what you do when you have a witness that hurts you and you have the opportunity to put him on first. you deflate the balloon. you pop it yourself before anyone else does. what they're going to say, meg meggin they may say don't

believe him either. we don't think he was bouncing his head off the wall. we think the police officers took him for a rough ride and they intentionally hurt him. >> he is the defense's best evidence that freddie gray did this to himself. that he was on drugs, which the autopsy report shows. that he was acting erratically and that he got up in the back of that van and started banging around in an attempt to hurt himself. >> until you have an expert who comes on like you had, i believe you had the doctor on who said somebody could not cause this injure toy themselves. >> hold on arthur. >> all they have to do is create reasonable doubt. the defense doesn't, megyn, have to say this witness is credible and thus this really happened. they have to come up with that as being a reasonable -- >> but it's hypothesis of innocence i. >> he said one other possibility is that gray was injured prior to getting into the van and was

partially paralyzed. he was moving but he could have been harmed before. there's another theory. >> but the medical examiner in this case does not agree with that. she -- >> that's in conflict. who gets the benefit there? the defendant. >> the defendants will be doing this to each other in the courtroom. the question is how that conflicting testimony of the officers the ones outside the van try to blame those invied the van and so son. then you got allen, by the way he was doing it to himself. the jurors, how do they walk away with a beyond a reasonable doubt, a conclusion of manslaughter assault or murder. >> i wish i could come up with a theory to answer that question in the positive. i think we can't. this case was overcharged, wrongly chargeds. there's reasonable doubt. >> you have to understand that this jury pool is so unbelievably poisoned. if you move it to mars -- >> there you go.

kittel you -- >> they're going to look for reasons. >> the o.j. simpson case. i was in law school at the time. you guys probably had graduated. i remember asking how is it possible how could he get acquit snd. >> jury nullification. >> it happened. that is for our next panel. >> those jurors were threatened. they were threatened. >> you don't get to talk about that one. sorry, goodbye. >> i can't control him. sorry, meg. >> great to see them. in the weeks since the city went after these cops the crime in baltimore has gone through the roof. we're talking about the murder rate has been skyrocketing. now the mayor has fired the police commissioner who works for her and at her direction. tonight we'll hear from police group in baltimore on whether the blame has been placed on the right person. plus, the kelly file this week got a copy of the defense argument to move this case out of baltimore. up next can the baltimore six get a fair trial in charm city? >> there will be justice for mr.

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now get 0% financing or a great lease on the nissan sentra. ♪ but to those of you who wish to engage in brutality, misconduct racism and corruption let me be clear. there is no place in the baltimore city police department for you. that was baltimore mayor, stephanie rawlings blake back in may. it's comments like that as well as others that led the defense to ask for a change of venue here fearing that these six officers cannot get a fair trial in baltimore. joining me now mark fuhrman a former lapd homicide detective and a nationally syndicated radio host.

that's the question mark. can these cops get a fair trial in baltimore? >> not a chance. not a chance for all the same reasons as not only ms. mosby but the riots, but the attitude of the mayor, the attitude of the general public and just remember that anybody that gets on a jury for these six officers they'll be a rock star when they senn him to the gallows and if they acquitted him or found that there was a mistrial there wasn't enough evidence they will be scorned or worse by the very people that there are neighbors, relatives and friends. >> this is where i see ms. mosby mosby's comments to be most damaging. it's not that she needs to be kicked off the case. it's that she helped poison the jury pool when she went out and told an entire community of the so-called youth, this is your moment. this isn't their moment. no it isn't.

this is a criminal case that's tried in front of a jury. and they're not supposed to pay attention to things like that. yet, she stirred them up into believing that if no conviction is reached in this case their moment has somehow been lost. >> well, here's the thing, megyn. i believe in the jury system and law and justice. i do believe that these cops will get a fair trial. baltimore has over 600,000 residents, right? so the fact that -- assume that marilyn mosby managed to poison all of those residents. it seems hard to believe. >> it's a smaller jury pool than that though. it is a smaller jury pool. people work people can't come. >> the criminal justice system works itself out. in the george zimmerman trial, clearly the public opinion was on trayvon's side. george got acquitted by a jury. in the o.j. simpson, the jury looked at the evidence and made a determination. >> that was jury nullification, according to our last panel. >> i'm saying according to the

last panel. >> that's their opinion. i think the argument -- >> richard do you believe that's not a risk factor here, jury nullification, that the jury -- >> not one iota. >> they might want a conviction against these cops. >> that is why in the jury selection process, both the prosecution as well as the defense, they have strikes, they can get rid of jurors. >> they have a limited number of peremptory challenges. go ahead mark. >> they have the challenges just as the prosecution does. >> go ahead, mark. >> megyn, you and i both know, we've both saturday in courtrooms and sat there and picking a jury and i sat many times with the prosecutor and helped them pick a juror. you have to weed out who really wants on the jury and who really doesn't want on the jury and who should be and who shouldn't and i think ms. mosby is in the exact opposite camp as the defense attorneys. she doesn't want somebody fair and impartial. she wants somebody that's going to let her get away with these

ridiculous charges. >> that's absurd. >> that she's put on these six officers. >> that's absurd. >> listen the other question is -- the other question is -- >> don't question my experience mark, first. >> some want on too badly. we've seen evidence in that case that there's a movement afoot in baltimore among some to get registered immediately so that they may be called up on the jury registration rolls to go and get on this jury so that they can and i quote, get that conviction. richard that's a problem. >> i'm sorry once again on this one, too. the fact that people are registering to vote should cause all americans to celebrate. it has nothing to them wanting to be on a jury. even in the slight chance that it did getting on this jury out of 700,000 residents is like being struck by lightning twice. same odds here. it's absurd to think the officers won't get a fair trial. if you believe in our criminal

justice system, if you believe in our courts and our constitution, you should believe -- >> you can believe in all those things. under that argument, mark you could never have a change of venue. even the judge who ordered it doesn't believe in our justice system or jury system. >> that's true. >> you can believe fully in the justice system and say it's too volatile to be charged in the city of baltimore. weeks of riots. excuse me. skyrocketing murder rate in the wake of this case that one is for for mark. go ahead, mark. >> well, i think the evidence is in. it was called a riot. the evidence is in by ms. mosby's statements. the evidence here is for any jury if they're going to look at this case, really by the law and richard seems to be big on the law, there is no evidence. >> that's okay, mark. you work for the law correct. >> any of the charges. quit interrupting rich around. there is no evidence to charge on any of these charges none of

them. so if there's actually an acquittal or a hung jury there will be retribution for the jury. why don't we think a little bit about the jurors. >> mark, you should be ashamed of yourself to make the assertions. >> let's not get personal. on the other hand if there is a conviction -- if there's an acquittal in a jurisdiction outside of baltimore, will that be accepted by the community if it gets removed and then there's an acquittal, will the community of baltimore accept it? >> no. >> there are all sorts of questions but the judge is going to make the right decision on this. great to see you both. >> thanks megyn. after everyone criticized this police force, the crime rate in baltimore soared. now the mayor has just fired the commissioner. but is all the blame really on him? the head of a baltimore police group, a key baltimore police group is with us next. >> i think that his recent

events prove that his being here was a distraction. i would say the commissioner understands that. and i

test::

. in baltimore the murder rate continues to skyrocket, with

three killed one injured in a shooting near the university of maryland baltimore campus tuesday night. now the police union has addressed the growing violence yesterday, issuing a scathing report blaming the city's mayor for the rioting that follows the death of freddie gray. then just hours later the mayor took action, firing the city's police commissioner. >> we have placed an intense focus on our police leadership distracting many from what needs to be our main focus, the fight against crime. so we need a change. this was not an easy decision. but it is one that is in the best interest of the people of baltimore. >> joining me now lieutenant ken butler, who is president of the vanguard justice society, a group representing black baltimore police officers. lieutenant, thank you for being here. i realize this man did not have the support of the police force. neither does the mayor.

and she and he had been standing shoulder to shoulder through much of this. so was he a sacrificial lamb? >> no, i don't think he was a sacrificial lamb. like the mayor said, there was just so many distractions. and you have to realize megyn, commissioner batts lost the trust of the rank and file officers. he lost the confidence of the rank and file officers. as we say in sports, the coach lost the locker room. and i think that was -- that had a lot to do with it. >> but she's like the owner of the team in this analogy. my question is whether this solves it. because she was eye ball to eye ball with him on all the policies and statements that he was making about the cops. >> yeah. i don't know if it solves it. but i think this may be a fresh start. speaking with rank and file officers last night and some command staff members last night, this was a fresh start. it's like a breath of fresh air. >> how do you like the

replacement guy, deputy police commissioner kevin davis who is there on an interim basis? >> well, you know, it's funny. because commissioner davis reached out to me last night. he said he wants to work with the vanguard to solve problems and issues that we have. and we're looking forward to working with him. he gave me a little bit of his background. and like i said, on another talk show i was on earlier today, this is commissioner davis' time to win back the trust of the rank and file. right now, he's the coach and he can win back this locker room. >> do you think -- in our last section we were talking about whether these cops can get a fair trial in the city of baltimore given the volatility that we've seen and some of the fuel that has been poured on that fire. what are you thoughts on it? >> well, speaking with one of the attorneys that i know very well, he seems to think that they can't get a fair trial and

speaking with officers, they think the same thing. actually speaking with some citizens of baltimore, they don't think these officers can get a fair trial. they think the trial should be moved. >> what do you make of marilyn mosby and her public statements about this is our moment i've heard your call for justice. and so on. do you trust her to be a fair prosecutor? >> well, i trust madam states attorney to do what's best for her. i was very shocked when she made those remarks. i'm not an attorney, but i just assume that the state's attorney, you're just fighting for justice and justice is supposed to be blind. so i thought that was -- that statement, i just didn't understand that and why she made that statement. >> lieutenant, thank you for being here. we'll be right back.

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can these cops get a fair trial in baltimore? should this prosecutor be removed? let us know your thoughts. facebook.com/thekellyfile. or on twitter @megynkelly. thanks for watching one. i'm megyn kelly and this is the kelly file. good night. welcome to "hannity." he is a conservative who says he will not compromise on traditional american values and wants to restore economic prosperity to the middle class. i'm talking about former pennsylvania senator rick santorum who announced he is in fact running for president. tonight he'll join us for the full hour. first let's take a look at some of the highlights from senator santorum's announcement. >> working families don't need another president tied to big government or big money. today is the day we are going to begin to fight back.