good book. very provocative. thank you for coming in. >> thanks a lot, bill. >> that is it for us tonight. thank you for watching. i am bill o'reilly. please always remember the spin stops right here. because we are definitely looking out for you. welcome to a "kelly file special." the baltimore six. new revolutionelation case in the six police officers. good evening. welcome. i'm megyn kelly. this is six months. 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 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 burns. businesses looted. stores targeted. in the middle of all of 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. >> recent days much closer look at when's behind those charges. the evidence the autopsy and a key witness who's changed his story. we begin with trace gallagher live in our west coast newsroom. trace? >> just prior to the freddie

gray case baltimore agreed to help crack down on western baltimore drug-infested earareas. when police made contact with freddie gray he took off running. 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 that police say was to check on freddie gray's condition and maintain the request for medical attention went unanswered. in 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. hit your head and have a headache yeah. you ain't going to hurt yourself to the point you're dead and brutalized like that. >> when the police van arrived at the subation freddie gray was nonresponsive. the autopsy report said a single high energy injury to his neck and spine. comparing the injury to those seen in shallow water diving incidents. medical examiner concluded the death was a homicide because he was not belted in and the wrist and ankles were shackled making him at wrist for an unsupported fall. the m.e. believes freddie gray was trying to get to his feet and when the van slowed down he slammed the head against the wall severing his spine. here's the deputy police commissioner. >> when mr. gray was placed inside that van he was able to talk. he was upset. and what mr. gray was taken out of that van he could not talk and he could not breathe.

>> six baltimore police officers have been charged with assault. four charged with involuntarily manslaughter. officer goodson, the driver of the van, only officer charged with second-degree murder. prosecutors have now turned over 300,000 pieces of evidence that's 52 gigabytes of digital files. equivalent of 26 hours of high definition video. among the evidence are statements of 15 civilian statements videos four cell phone videos, blood samples of the back of the police van and 8,000 pages of 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 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. >> trace, thank you as we mentioned the six baltimore police officers face a variety of charges from assault and false imprisonment up to manslaughter and even second-degree murder. but some of these cops were only 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 manslaughter? a fox news legal assistant and a defense attorney and former prosecutor. let's just group these guys into categories. it starts with the three who arrested him. you've got lieutenant brian rice garret miller and edward nero. they were involved in the spotting of freddie gray. rice chased freddie gray and

miller and nero placed him under arrest and are facing second-degree assault charges and manslaughter charge in the case of rice. arthur how do we get there? >> i mean did just what you did. but rice is also put the leg shackles on and did not put the seat belt on him. miller and nero apparently heard him saying i can't breathe and did not put a seat belt on him. unlike all the other police officer case that is we know of when the police do something, shoot someone, beat someone, they choke someone, here these charges seem to be stemming from what they didn't do. they didn't seat belt him. they didn't provide assistance when he said i can't breathe. they didn't provide assistance when he said i need help. seems like the lack of action versus their action for these three people that have brought these charges. >> all right, mark. i get you didn't seat belt him

because this seems to have played a role in the catastrophic injury up from jumping around in the van or 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 0 this effect is defendants 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 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. >> see, i agree with you because i've been on ride-alongs and as a prosecutor i know that's what happens. they'll say, oh take me to the hospital. get out of here. you don't need the hospital. they have to be educated jurors significantly poisoned by the prosecutor's remarks that not everyone that says i need

medical assistance either needs it or to not give it to them isn't necessarily a crime. >> it comes down to the seat belt with these three guys. assault charges in a minute. >> not just the seat belt but hogtie. no. 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 the reasoning. >> what vulnerable position? >> in a van -- he had his hands behind his back. the feet the way they were. i'm not saying they're guilty. i want to hear their explanation but jurors will go why did you put him in that position? >> i don't think that rises to the level of criminality. >> might not, arthur. >> maybe negligence. >> correct. but they got some explaining to do. they definitely do in front of these jurors. >> what they say as the police chief said walking into that van, he was very upset.

so what they do is they handcuff and leg shackle him and then 15 days i think before they were told you now have to seat belt them. >> four. four days before. >> you're right n. a 15-page document. >> no proof the officers were in fact told about it. just a policy went out. >> right. it was a 15-page memo 4 days before. it's the lack of action here. >> let me ask you this. these guys are charged with assault. what's the assault? the arresting officers committed against freddie gray? the placing of the leg shackles? the placing of the handcuffs? what is it? >> well i actually just looked up the maryland law on assault and something about placing someone in eminent danger or fear. unlike learned in law school for the touching here it is almost in new york we have menacing. >> back to the same thing we discuss ds. without the set belt. let's move on. let's talk about cesar goodson.

he's the driver of the van. second-degree murder. now -- >> listen. >> there is no evidence of a so-called rough ride. and so far, it looks like that's admitted by the state. that officer goodson's charges relate to the fact of someone in the back they argue he knew was in distress and didn't get him help mark. >> if you believe everything certainly i requestquestion a lot of the evidence give them the 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. and slamming on the brakes and give him a rough ride it's reckless. >> i wouldn't say negligence. negligence is when you don't mean to do something. if he said i'm going to give him a rough ride --

>> there's no evidence of that. they don't have the evidence to prove rough ride but a negligence. you saw him. asking for a medic. their argument is as the ride went on, he was more distress and eventual stops, there were five of them altogether between the arrest and the time of the police hq sayinging get me help get me help and blown off. that leads me to the other two defendants. sergeant white and officer porter. porter checked on gray and allegedly told that gray would not breathe and needed a medic. he put him on the bench without seat belting. charged with manslaughter. once again, white is similar. she was there at the fifth van stop. very last one and say that she spoke to the back of his head and didn't respond and didn't do anything about it. how is that manslaughter? >> especially white. she really did nothing at all except say, are you okay? he didn't respond and said just take him to the precinct.

>> she was supposed to know he was dying. >> you want to hear the argument? prosecutors 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 you are, you obligation the prorls argue, not me the prosecutors argue you must get them medical help. >> wow. changing the police standard to that and taking away the discretionary of who's telling the truth and when's not w.h.o.'s not, we will have a lot of charges to the emergency room. >> the reason sergeant white is there is there's complaints of the arrest earlier on the street and responding to. two civilians called about a rough arrest. i don't know what the exact wording was but that's why she was. >> let me tell you something else. sergeant white, here's a problem they will have with her. they have to prove causation. she saw him on the last stop

before he got to police hq. about a five-minute drive from that stop to drop him. they have to prove her failure to call an ambulance to come respond to him at that moment caused his death, his ultimate death and called at that moment there was an ambulance at police hq. five minutes made all the difference in terms of life and death? >> there's that point. >> i agree. >> her own lawyer questioning whether she had the interaction they're claiming. who will prove she did say and hear the things they're alleging. >> she's a church goer. she's a volunteer. for, you know communities in need. she's beloved in the police force. highest ranking female officer. prosecutor overcharged this case. >> whole case. >> stand by. we're coming back to these guys. also our hands on evidence

showing the key witness in the case has been caught in a serious contradiction. we'll show you that just ahead. plus at the center of it all a very controversial prosecutor. marilyn mosby. the woman who doesn't want anyone talking about the charges unless it's her. in a magazine fashion spread shot by annie leibovitz. how he handling of the spotlight may affect her case right after this break. >> criminal justice system that has historically and disproportionately affected so many communities of color and what we're seeing right now turning on the news and opening up the newspaper is that frustration. so we'll pursue justice by any and all means necessary. when i started at the shelter, i noticed benny right away. i just had to adopt him. he's older so he needs my help all day. when my back pain flared up we both felt it i took tylenol at first but i had to take 6 pills to get through the day. then my friend said "try aleve". just two pills, all day.

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to the youth of this city, i will seek 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 charges, having a moment that is widely questioned by other prosecutors and members of the legal community. from the start, critics questioned a series of events that suggest the prosecutor has a taste for the limelight from her high profile feature stories

in magazines to cameo appearances at a prince concert and a local circus some suggesting this prosecutor is enjoying her 15 minutes a little too much and that it could come back to haunt her and her case. the host of judge alex and a retired florida judge and former police officer and a civil rights attorney. good to see you both. let's speak with you about this first, judge alex as a former judge and cop. whether you think she is too out there. the magazine and the pr she's sought out standing up there next to prince ripping on the cops and this case that she's supposed to be prosecuting an 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 her speech had a little for everybody. i'm not a big fan of prosecutors going out there and talking

about 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 saying this shows she can't be fair. she has a job to seek justice and she does that determining whether or not to bring charges supporting by the law and the evidence. once she 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 made a presumption of seeking justice that charges are appropriate and that seeking justice for freddie gray is seeking justice in this case. now, the rest of her statements saying to the youth, you know that this is our time and things like that you have to put in it context. remember that for days before it was the youth who were rioting, who were looting, who were burning and stealing cars. >> so what? >> so 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 the defense. she 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 d.a. to be seen as an honest broker to pursue 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 and a prosecutor is judged by how they prosecute. that's the bottom line. so those that may have engaged in the rioting or the looting did she prosecute those people and bring them to justice? the office prosecuted every

person that they could. >> that's not true. >> there are people sitting there not gotten the bonds they want to get because the prosecutor's office was tough on them. so if she is prosecuting the cases where the facts and the law support prosecution, she is doing her job. >> she didn't prosecute everybody she could have. that's just not true. but the -- >> within her power. >> i have said before as a lawyer i take a position on this. i don't think she's done enough to disqualify herself and prejudicing her own case and the ability of jurors to look at her fairly and objectively and not only that i just object to the undermining of the pros coo toirl role judge alex. >> i agree with you on that. she behaved inappropriately. i hear calls for her dismissal because of her husband on the council. >> that doesn't do it. >> the justice system is incest

wous. >> i agree with you. there's not an agree there. >> it's her rush to go out there and detail the charges against the cops and did in a lengthy presser. this is our moment thing, that was long and she went on with the charges and then andell and then when the defense wanted to have its lawyers speak up she said to the judge, shut them up. i don't want -- gag order. i don't want to hear from them. >> i can't imagine any lawyer that doesn't want their side put forth in the public and not the other side. that's the nature of the process. you have somebody on one side and somebody on the other side and both want their way. >> the other problem with this is remember the initial charges rejected by the grand jury. she charged the original officers with false imprisonment and assault feeling that the initial arrest was false that the knife was legal.

you don't charge police officers with false arrest or assault based on the fact they thought they had probable cause and didn't. there's an issue about whether that knife was legal. if you do that what will happen you can sue the police department but if you do that what happens is police officers will stop making arrests. >> she's criminalizing bad decisions. in her opinion, bad decisions by the cops. >> judge alex and yourself there. that was a mistake. >> let's end it on a happy note after of agreement. none of the lawyers believe she should be disqualified. there's a question of whether they can get a fair trial in baltimore. that's a separate question of whether there needs to be a change of venue here and mark furman is moments away on that. a big question in this case is about a man who 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. ♪ ♪ one day a rider made a decision. the decision to ride on and save money. he decided to save money by switching his motorcycle insurance to geico. there's no shame in saving money. ride on, ride proud. geico motorcycle

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♪ ♪ ♪ you're only young once. unless you have a subaru. (announcer) the subaru xv crosstrek. symmetrical all-wheel drive plus 34 mpg. love. it's what makes a subaru a subaru. live from america's news headquarters i'm kelly wright. good evening. a nuclear deal with iran is close but some final details are being hashed out.

the deal centered around iran cushing the nuclear program, in return teheran relieved of many sanctions. the final agreement could be anountsed as early as tomorrow. once official congress will have 60 days to review and vote on that agreement. and the massive manhunt for a mexican druglord is under way. guzman escaped through a tunnel in mexico. he's the kingpin of a powerful cartel cartel. the tunnel allegedly built without prisoner workers knowing but officials say that's unlikely. el chapo was recaptured a year and a half ago following a first prison break. now back to a "kelly file" special. kelly file got a firsthand look at the evidence in this case. and it suggested that a witness

could be key to the case. he's the man sitting in the same police van as freddie gray in the last leg of the trip to the police hq. and while his testimony is likely to become a major part of this trial there are serious questions about which side will benefit after mr. allen takes the stand. this is a man who seemed to change his story in a critical way. listen to what 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 -- going on. only person i talked to was homicide and same story i'm calling you all i told them. >> oh. back with me now are arthur and mark. the problem is through the magic of videotape produced from the prosecutor to the defgsense the guy's 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 and banging his head and questioning why did they put me in the van with a crazy person and then finds out that this is a case of national attention and the other issues involved in it i never told them nothing. this is the quote. i'm not no snitch. i'm not no rat. i'm a real n-word. who does allen help in the case arthur? >> nobody. he's irrelevant.

cross-examined to a point where at the end of the trial, any trial, a judge reads a credibility charge and whether they believe or don't believe someone. in addition to having tremendously conflicting statements we discussed, there's a new statement to tell on the stand which will be another mess then will have the prior convictions and criminal history so the jurors will just probably discount what he says altogether. >> i disagree. >> perhaps. but not necessarily. >> no no. they're definitely going to disregard him. it's not a neutral hurting the prosecutors. they'll call him as their witness. as the defense lawyer i'm going to have him pooping in two places before he takes the stand because 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. and 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 gets up there and recants. he is done. >> that's right. >> this is a prosecution witness, it hurts them hard. >> i agree with mark arthur. the prosecution -- >> way to go. >> 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 here and an issue of cops versus a local freddie gray and so on. the initial testimony and it's on tape we're told that it's sounded like he was trying to hurt himself, banged his head repeatedly and he believed he was in the van with a mad man. >> the prosecutor is not relying on that. right? >> right. but the defense will. >> but. >> they're calling him. >> they should. that's what you do with a witness that hurts you and you have the opportunity to put them on first. you deflate the balloon. you pop it yourself. but what they're going to say is they may say don't believe him

either. we don't think gray was bouncing his head against the wall. we think the police officers said let's take him for a rough ride and the driver ernlly hit the brakes. >> right. but he 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. he got up in the back of the van to hurt himself. that's their theory. >> unless you have an expert like you had and said somebody could not cause this injury by themselves. >> correct. >> hold on. >> go ahead, mark. >> okay. all they have to do is create reasonable doubt. they don't have to say this witness is credible and thus this happened. they just have to come up with that as being a reasonable hypothesis of innocence. let me finish. baden said another possibility is that gray was injured prior to getting into the van and

partially paralyzed and could have been harmed before. there's another theory. >> but the medical examiner in this case does not agree. >> thank you. >> she, the medical examiner -- >> who gets the benefit there? >> the dfss sdefendants will be doing this in the courtroom. they may try to blame the ones in the van and so on and then allen i ain't no snitch. by the way, he was doing it to himself. these jurors how do they walk away with a beyond a reasonable doubt conclusion? >> i wish i could come up with some theory to answer that question in the positive like if that's good to have a debate but i don't. i think the three of us agree this case was overcharged, wrongly charged and there's reasonable doubt. >> i'll take the other side. again, you have to understand that this jury pool is so unbelievably poisoned and moving it to mars -- >> there you go.

there you go. >> they'll look for reasons to find him guilty. >> many us asked, i was in law school at the time of the o.j. simpson case. you probably graduated. how's it possible and possibly get acquitted? jury nullification. it happened -- that's for the jex panel. you don't get to talk about that one. sorry. good-bye. >> i can't control him. >> great to see them. in the weeks since the city went after these cops the rate of violent crime in baltimore is through the roof. the murder rate is skyrocketing and now the mayor fired the police commissioner who works for her and at her direction. we'll hear from a police group in baltimore whether the blame is placed on the right person. plus this week a copy of the defense argument to move the case out of baltimore. up next can the baltimore six get a fair trial in charm city?

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but to those of you who wish to 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 in may calling out the police officer. 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 and richard fowler. thank you both for being here. that's the question mark. can these cops get a fair trial

in baltimore? >> not a chance. and not a chance for all the same reasons and 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 send him to the gallows and if they acquitted them 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. >> richard, this is where i see ms. mosby's comments to be most damaging. not that she needs to be kicked off the case because of them but helped poison the jury pool going out there and told a 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. she stirred them up into believing if no conviction is reached in this case their moment has somehow been lost. >> well, here's the thing, i believe in the jury system and law and justice and i believe the cops get a fair trial. baltimore has over 600,000 residents. right? to assume that marilyn mosby managed to poison all of the residents seems to be hard to believe. >> it is a smaller jury pool than that. >> true. but look at -- >> people work and can't come. >> look at the criminal justice system work itself outside. george zimmerman trial, the public opinion on trayvon. george acquitted by a jury. o.j. simpson trial, the jury made a determination. >> jury nullification according to our last panel. >> that's in your opinion. >> i'm saying according to the last panel. that's fine. >> that's in your opinion.

>> well do you believe that's not -- richard, do you believe that is not a risk factor here? jury nullification, they don't care what the evidence is that they might just want a conviction against the cop sfs. >> that is why in the jury selection process, the prosecution as well as the defense, they have strikes. they can get rid of jurors. >> they have a limited number. go ahead, mark. >> they have the challenges. just like the prosecution does. >> go ahead, mark. >> you and i both know we both sat in courtrooms and we both have been sitting there and picking a jury and i sat many times with the prosecutor and helped them pick a juror and you have to weedeally wants on the jury and who really doesn't want on the jury. and who should be and who shouldn't. 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 to let her get away with the ridiculous

charges. >> that's absurd. >> she's put on the officers. >> that's absurd mark. doesn't matter -- >> listen. the other question is -- the other question is the -- >> don't question my experience mark. first. >> who want on too badly. we have seen evidence in this case that there is a movement afoot in baltimore among some to get registered immediately to be called up on the rolls to get on this jury so that they can and i quote get that conviction. richard, that's a problem. >> i'm sorry once again. the fookt that people register to vote should cause americans to celebrate. even if it did, even in the slight chance it did, getting on this jury out of 700,000 residents, being struck by lightning twice. same odds here. absurd to think that the six officers don't get a fair trial. if you believe in our criminal justice system if you believe in our courts, if you believe in

our constitution then you should believe -- >> you can believe in all those things mark you could never have a change of venue because the judge ordered it doesn't believe in the justice system and that's bs richard. you can believe fully in the criminal justice and say it's too volatile to be charged in the city of baltimore and -- excuse me -- and a skyrocketing murder rate in the wake of this case. that one is for mark. go ahead, mark. >> well i think the evidence is already in. it was called a riot. and i think the evidence is already in by ms. mosby's statements and 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 -- >> just like you, mark right? >> let him finish. >> quit interrupting richard. quit interrupting. there is no evidence to charge on any of these charges. none of them. so if there is actually an

acquittal or a hung jury there will be retribution for the jury. so why don't we think about a little bit about the -- >> you should be ashamed of yourself. >> let's not get personal. on the other hand if there is a conviction i'm sorry. 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? all s sorts of questions a enthe judge makes the right decision on this i'm sure. great to see you both. >> thanks. after everyone started criticizing this police force, the crime rate in baltimore soared. and now the mayor has just fired the police 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 proved that his being

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in baltimore the murder rate co 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 addressed the growing violence yesterday issuing a scathing report. blaming the city's mayor for the rioting that followed the death of freddie gray. hours later, the mayor took action firing the city's police commissioner. >> recent events 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 part of a group representing black baltimore police officers. thank you for being here. i realize this man did not have the support of the police force,

but neither does the mayor. she and he had been standing shoulder to shoulder much of this. was he a sacrificial lamb? >> no i don't think he was a sacrificial lamb. there were so many distractions and you have to realize commissioner 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. i think that had a lot to do with it. >> she's like the owner of the team in this analogy. my question is whether this solves it. she was eyeball to eyeball with him on all of the policies and statements 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 speaking with 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, kevin davis there on an interim basis? >> well you know, it's funny. commissioner davis reached out to me last night and said she wants to work within vanguard and solve the problems that we have and we look forward to working with him. gave me a little bit of his background. like i said on another talk show guy 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. >> to you think -- in our last section we were talking about whether these cops can get a fair trial on the city of baltimore given the volatility we have seen and some of the fuel poured on that fire. what are your thoughts on it? >> well speaking with one of the attorneys that i know very

well he seems to think they can't get a fair trial. speaking with officers they think the same thing. actually speaking with some citizens of baltimore they don't think the officers can get a fair trial and the trial should be moved. >> what do you make of marilyn mosby and her statement this is our moment i have heard your calls for justice and so on. do you trust her to be a fair prosecutor? >> well i trust may dam states attorney to do what's best for her. i was very shocked when she made he those remarks. i'm not an attorney but i just assumed that the state's attorney -- you are just fighting for justice and justice is supposed to be blind. 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 so can these cops get a fair trial in baltimore? should this prosecutor be removed? let's us know your thoughts. facebook.com/the kelly file or twitter @megan kelly. >> geraldo, i realize the secret to your long-term success is having one name. i'm going to lose my last name. i need to come up with the right first name. can i run some by you? >>. >> shoot. >> regulara tron. >> welcome l g-force. >> no. >> greg and kelly. >> no. >> how about greg o'reilly. >> how about gosh golly double g. >> no. >> gutty. >> no. >> grape nuts. >> no. >> good and plenty. >> now you are just naming food. >> i guess you are right. should i grow a mustache? >> just get the [ bleep ]