quin that's for coming in. >> thanks bill. >> that is it for us tonight. thank you for watching this special edition of "the factor." i am bill o'reiley and 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. tonight, new revelations in the criminal case against sick cops that touched off riots, protests and a national debate on race relations. good evening and welcome to the kelly file everyone. i'm megan kelly. this weeks marks three months since baltimore police arrested freddie gray a man they claim was a repeat small time drug dealer who was taken into custody after he ran from cops. police found a knife which they said was illegal. they loaded freddie into a police van and brought him to the station. somewhere on that ride the medical competitor 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 battle more and the demonstrate ers across america i heard your call for no just r justice, no peace. your peace is sincere lyly needed as i work to deliver justice on behalf of this young man. >> in recent days, we've had a much closer look at what's behind those charges. the evidence the autopsy and a key witness who changed his story. we begin tonight with trais gallagher in our west coast news room. >> baltimore police create to

help crack down on baltimore's drug infested area. on april 12th when police made eye contact with freddie grey grey took off running. police pursued and seconds later arrested him for carrying an illegal knife. freddie gray was cuffed and put in the back of a police van. during the second stop a another suspect was loaded into the other side of the police van. he told investigators he heard loud banging and believed the person on the other side of the van was trying to jury himself. he said he only heard light banging and denied saying that someone was trying to jury himself. here is allen clarifying on krn. cnn. >> you cannot do that in the

paddy wagon. i can probably hit your head and have a headache but you can't hurt yourself to the point where you're going to be dead and brightalized like that. >> the autopsy report obtained by "the baltimore sun" said grey suffered a high neck injury to his neck and spine cared to those seen in shallow water diving incidents. the medical examiner claimed his death was a homicide because he was not belted in and his wrist and ankles were shackled. the m.e. believes freddie grey was trying to get to his fee and when the van slowed down gray slammed his head against the wall, severing his spine. here is the deputy police commissioner. >> i know that when mr. gray was placeded in that van, he was able to talk, he was upset, and when mr. gray was taken out of

of that van, he could not talk and he could not breathe. >> six police officers have been charged with assault and four of them are charged win voluntary man slaughter. the driver of the van is the only officer charged with second degree murder. prosecutors have now turned overp8p 300,000 pieces of evidence. that is 52 gigabytes 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 new venue because they claim the police officers cannot receive a fair ñ trial. >> to the youth of this city, i will seek justice on your behalf. this is a moment there is your

moment. >> they claim mosby aligned herself with the protesters and demonstrators and should be recused. >> thank you. as we mentioned, the six baltimore police officers face a variety of charges from imprisonment up to man slaughter and 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 mrurd and man slaughter? arthur idalla is president now of the brooklyn bar association and mark is a 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 and miller and in the ro physically placed him

under arrest and are facing second degree assault charges and the man slaughter charge in the case of rice. arthur, how do we get there? >> there is -- i did just what you did. but rice is -- also put the leg shackles on but did not put a seat belt on him. and miller and nero 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 is the thing. unlike all the other police officer cases that we know of when the police do something, they shoot spln they beat spln they choke someone, here these clarnlgs 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. so it seems like it's their lack of action versus their action brought these charges. >> all right, mark i get you didn't seat belt him because ultimately that seems to have

played a role in the in his catastrophic injury. whether it was a rough ride or whatever the evidence will show. but not get 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 situation to say i need help try to go to a hospital in the instead of going to police hq. it is not the case that 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. >> you see, i agree with you because i've been on ride alongs and as a prosecutor, i know that's exactly what happens.

they will have to6 be educated that not everyone that asks for assistance needs it or it comes down to a crime. >> the assault charges -- we'll talk about that in minute. >> not just the seat belt but the hog tie. not just the seat belt, no. and 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 and i'm sure they have their reasoning. put someone in a van with their hand behind -- he had his hand behind his back. he had his feet the way they were. any reasonable person -- i'm not saying they're guilty. i want to hear their explanation. but in that town or any town they find in maryland jurors are going to go where why did you put him in ta position. >> i don't think that rises to the level criminality. >> it might not, but they have some explaining to do in front of these jurors. >> as the police chief said when he walked into that van, he was very upset.

>> there is no proo these officers were in fact, told about it. it was a policy that went out. >> it was a 15-page memo four days before. it's their lack of action here. >> let me ask you this. these guys are charged with assault. what is the assault the 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%ñ the back who thier going to argue he knew was in distress and that he didn't get him help, mark 37. >> if you believe everything, certainly i question 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 he was allegedly told that gray could not breathe and needed a medic. he put him on the bench without seat belting him. charged with man slaughter. 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 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.wm two civilians called about a rough arrest. i don't know what the exact wording was but that's why she was. that's why she was there. >> 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 her 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.'m woah woah marge... you're not marge? i'm sorta marge. we both drive a stick, we both like saving money on car insurance and we both feel integrity such as, that of healthcare in the america of the us and therefore. yes. thank you. no. no.

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to the youth of this city, i will seek justice on your behalf. this is a moment. 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 9f 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 -- >> well, within her power, absolutely. >> i have said before as a lawyer,@0 áp osition on this. i don't think she's done enough to disqualify herself. i don't. but i think she's privileging her own case and the ability of jurors to look at her fairley and objectively and not only that, i just object to the undermining of the pro process cue toral 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 incestuous. >> 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 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. next.

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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 crippling sanctions. the final agreement could be announced as early as today. once it's official congress will have 60 days to review and vote on that agreement. and presidential hopeful donald trump is using the escape of a mexican drug lord to back up recent criticism of mexico. trump sent out a tweet sunday evening saying quote, mexico's biggest drug lord escapes from jail. unbelievable corruption and usa is paying the price. i told you so. joaquin el chapo escaped from a tower in his cell. i'm kelly, annoy bag to megyn kelly. the 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 ;c 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 defense, 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 credible charge. so he tells a jurors whether they should take into consideration and whether they believe someone 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 .é 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 defendants 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 áñ 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? >> there will be justice for mr. gray. there will be justice for his

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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 was on trayvon's side. 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. úw >> 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 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. 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. 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 here was a distraction. i would say the commissioner understands that.

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in baltimore the murder rate continues to sky rock with three killed one injured in a shooting

near the university of maryland baltimore campus. yesterday there was a report issued yesterday blaming the mayor for the death of freddie gray. the mayor took action firing the city's police commissioner. >> recent events has 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 butler. thank you for being here. i realize this man did not have the support of the police force. neither does the mayor. she and he had been standing shoulder to shoulder through

much of this. 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 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 -- 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, 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 acceptabilitycity of baltimore and some of the fuel that's 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. 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 chose 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. >> lieute

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can these cops get a fair trial in baltimore? should this prosecutor be removed? let us know your thoughts.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 ] out