year we are only a few days away from the end of the january trading euro theater for the nasdaq up about 11% and again that's looking at the markets from the beginning of the year, not just the week. it could be an encouraging sign and we will explore it more. we look at the fallout from a lot of campaign swinging going back and forth to new hampshire and south carolina. all of that tomorrow. ♪ ♪ >> hello, everybody, i'm jesse watters along with judge jeanine giro, jessica tarlov, gillian turner, and brian kilmeade. this is "the five." ♪ ♪ officials and cities across the country are urging calm as we wait the release from the body cam video from memphis. it said to be brutal. in a horrific beating of tyree nichols that later led to his death.

police chief calling the footage horrifying and discussing. all five memphis officers involved have been arrested and charged with second-degree murder and other felonies. the incident happening this month on january 7th, when 29-year-old was pulled over for a suspicion of reckless driving. the initial confi a confrontatin occurred and then he fled the scene and later a confrontation happened and the officers arrested him. he died three days later on january 10th. the following week, memphis police launched the investigation as did the doj. january 20th, the five officers were fired and arrested yesterday. cities are preparing for unrest, tyree nichols mom is pleading the supporters to protest peacefully. >> i want each and every one of you to protest in peace.

i don't want us burning up our cities, tearing up the streets because that's not what my son stood for. if you guys are here for me and tyree, then you will protest peacefully! you can get your point across, but you don't need to tear up our cities, people, because we do have to live in them. >> jesse: the memphis police chief emphasizing this is not about race. >> it takes off the table that issues and problems in law enforcement is about race and it is not. it's about human dignity, integrity, accountability, and the duty to protect our community. >> jesse: jessica, we heard victims families before and the situations plead for calm, peace, and often times the pleas are not followed. how do you think things are going to shake out tonight?

>> jessica: i'm hopeful they will heed the families calls and president biden released a statement as well saying please, please peaceful about this. at the timings difficult and it's going to come out after 7:00 p.m. on a friday night. i can see both sides that maybe it's better if people are going to protest that you have the weekend where you're not supposed to be at work. but it can be extremely dangerous with people running around. sitting at home on a friday night 7:30 p.m. and you see a video like that, it's got to be pretty bad if they preemptively charged them to make sure everybody knew it was this bad. if they are saying is our ghibli worse than the rodney king video and we know that there are five people, the police officers, the firefighter who responded to the scene has been charged. i think we are in for a very heart-wrenching weekend and a few days after that. i'm honestly scared also to personally watch the video. i watched the george floyd video which was very difficult and it sounds like this is going to be worse than that which is hard to

imagine. >> jesse: judge, how do you think the memphis police department and the authorities have handled the situation so far? 's before they got out in front of it, jesse, they charged as you said the murderer in the second degree along with other felonies talking about kidnapping as well as every possible crime they have been charged with. my understanding is that the d.a. is well respected there. that the governor along with the mayor in the town that worked well with the community and you may recall that even during the george floyd riots, memphis was relatively quiet. i come i like everybody at the table and i'm sure in america, is just kind of holding my breath, hoping that it is not as bad as they say it is. the truth is, we already know it's worse than rodney can come around again didn't i. we found a family who is got a

great deal of dignity saying please don't destroy the city. but i know for the last several years in the country, there has been an effort to defund the police, not just an effort, it's a reality to define and demoralize the police. when tim scott came out with a police reform bill, nobody wanted to read it. we talked about police training and that's what's going to come out of it. they'll be prosecuted as well they should if everything that's being said should come out to be the case. we've got to recognize the past week we talked about that atlanta public safety that we are trying to build a new building for training. i don't know who it was came out of the woods and started shooting at the police. we need more police training, we have to recognize that these cops are bringing shame on every day cops to go out and risk their lives, bringing shame on the community, they are bringing shame on the black community as

well. that's not who we are. so we've got to prepare to bring the toughest punishment if indeed it is what we expected to be and as it relates to the issue of when is the best time to bring it out? i thought monday morning apm might be the best time to let this out, but this is what they are saying. they are saying that people will be at work and kids will be at school and now people will be home. i understand they're ready ready to impose curfews and shut everything down. >> jesse: this is the police addressing the timing of the release and let's watch that. >> we think about the public to tell you the truth. we thought about schools, business, we felt like friday afternoon if there were individuals that decided they wanted to peacefully protest at least other individuals would have gone home, schools would be out, it would not be as disruptive as it would've been if we released it on a wednesday

afternoon. >> jesse: brian? >> brian: it's going to be an interesting study because the one thing you do not want is what happened in chicago. if you find out eight months prior there is a horrible video that was suppressed and it comes out and who are you trying to hide? no matter what the story is, you're a police officer, you will have a hard time getting ahead of this because you suppressed it. on the surface, this seems like a bad move. what are we getting are coming to the show we watch the police press conference and it's one of the worst things they've ever seen. stay tuned for tomorrow night. it's almost as if they are queuing up our programming in the getting of your show to get everyone ready that normally what you could say at least kids will be in school they'll have to cut school. i don't know what the point of that is. now everybody is off whether it is most people are off, off work, school, they've had time to get into their place and coordinate and to the president of the united states said go ahead and protest but make it peaceful. my feeling is people had so long to get in place and think about

it we are already for something horrific that we are setting ourselves up see things burn. if this works, it's the new template, but i was testing with the former head of the naacp. and i said what did you think? he said that if the leaders, the civil rights leaders and the clergy are out ahead of time over the last 48 hours talking to all the people and activists, there will not be a problem and george zimmerman, they didn't have the out of control riots in sanford because of all the clergy, not the cops come the clergy were saying not a good time to burn down the city. make your point this way. my hope is they'll use the time to get them in place and don't burned on the city. >> jesse: do think that fact that the racial dynamic was different, five black officers, the victim was black, does not change anything on the ground? gillan: i think it's a good

opportunity to remind people come at this hour, there is a whole lot more about this case in this incident that we don't know. if there's a lot of questions outstanding and i think the video will speak to some of those when it comes out in two hours from now. we don't know exactly what prompted the initial in the second pullover by police officers that night and we don't know what the officers said to one another, we do not know what they said to tyree, we don't know what his last words yet. all of this will be hopefully eliminated at least in part when we get the information. i will say to brian's point about the rollout for lack of a better word of the video, there is no good time to do anything like this. it is notable that the wheels of justice were already in the case turning faster than they have in previous cases and there's not been a cover-up.

>> brian: it looks overwhelming, i get it, but don't we need both sides? these weren't just fresh out of the academy. >> jessica: they had a reputation for being extremely aggressive. >> gillan: will get the body cam video and they'll have their day in court with the cases. >> judge jeanine: its street crime, we are dealing with a different breed of cop. this is a cop who grabs guns, drugs, these are rough or cops not in the sense they are violating the law but they are in the face of criminals every minute. >> jesse: they know the names of the people of the neighborhood. we will find out so stay with fox for that and we will continue to monitor the situation. up next, who needs the secret service? the first lady dr. jill biden protecting the president from reporter's questions about mar-a-lago. ♪ ♪

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♪ ♪ >> brian: no one asked me for my music i guess. if we are going to talk about this in the break and maybe i

shouldn't. joe biden's calling of the presidential protection team over the document drama and meanwhile jill biden springing into action to shield her husband from reporters asking whether he'll let the fbi searches beach house. here's how it played out. >> now, i got it, thank you. no, your gun, come on. i love that costume. what's up? now, you're not going to dance, believe me. we don't want to ruin the evening. >> mr. president, will you allow the fbi to search her beach h home? >> brian: wow, he thought about it and he was pushed over. not answering any questions or pretending that you can answer the questions but she so bad at her job she couldn't remember what other official said.

>> if you do it inadvertently, you realize you do not have it secured. you self-report. which is exactly what the president did. self-reported. >> why do officials insist the president self-reported if the lawyers called the white house and not the justice department? >> we heard from the podium the other day that president biden self-reported the materials. that's not exactly what happened. >> who did you hear that from? >> over for you to the white house counsel. >> john kirby answers the question and she couldn't. your thoughts about how she is going to hold on? she probably came out when mike pence was there and this thing is done. >> jesse: i'm sorry, i have to refer to the white house counsel. you can only use the line and

special moments, that cannot be the answer for every single question and that is why kirby's quality and kirby has the wherewithal to be able to dance and move, dip appropriately. don't talk like a human being. she can talk like a human being, she talks like a binder and probably going to be fired or resigned within the next couple months. i hope when i am joe's age that when i'm asked a tough question as i'm leaving a restaurant, does the same thing with me and just kind of ushers me out there gracefully because man does joe need a lot of help. >> judge, at one point she's got to get briefed. if someone looking at the briefings has to say wait a second. we've got to give you something else to say. >> you know, she is either complicit in blocking the information and however 68 straight days and not able to answer certain questions. or she is and accurately saying

only the white house counsel can answer this because there is the investigation ongoing which we know is inaccurate and during the russia collusion investigation they answer all the time but the most important thing is her self-esteem. how does the woman go out there? that she not know how embarrassing it is? how she looks ridiculous. >> here's ari fleischer, you know the job after 9/11. watch. >> her political and personal needs duck till perfectly with stonewalling needs of the biden white house and that's why she will not answer questions. i could have played the game as press secretary but you get to the point where you say i've got an obligation. i would feel shamed if somebody else took to the podium and answered questions it was my job to answer. >> judge jeanine: wears her self-esteem? is she happy standing there and

blocking information or looking stupid? >> jesse: similar to the attitudes when he came out and said not giving answers from the dni about what was in the documents is not something we are use to. bipartisan outrage is the same thing. >> jessica: here's what happens when there is bipartisan outrage, you can't go to the corner and say my team is okay with us. if team members are not okay with this. the american public is frustrated with it. at 70% of americans have a problem with what happened and it doesn't mean that joe biden is guilty of something mischievous, but the they want answers to this. >> brian: in makes you think he's hiding something. >> jessica: leaving doors open is a problem and dana last week hit the nail on the head. she said this point about john p are not given enough information that she needs to go and say to the principles and who ever. if you think john kirby is

better than me then let john kirby go and do this. i was talking about assistance to ukraine and then a more open and more honest conversation with the press than she had the entire time. i'm not saying there are not limitations placed on her by the council's team but she cannot effectively do her job with the amount of information. >> before we get to the handling and documents, contrasting what mike pence said today. speaking about what was found. >> during the closing days of the administration, they were boxed and assembled to the personal residence. mistakes were made. we were not aware of it at the time until we do the review just a few short weeks ago. but i take full responsibility for it. they shouldn't have been there. >> jessica: he didn't say no regrets. >> gillan: it's remarkable to

see the former vp accept responsibility and the reality that it stops with him when the current and former president have not done that. everybody knows everybody who's ever had security clearance, myself included, knows that the president not only has a sacrosanct obligation to protect classified information in the nation secrets above and beyond average americans but beyond all the other security clearance holders as well across the federal governments. i think there is almost a million of them. of this is the person who is the commander-in-chief and the person who is sending intelligence operatives overseas to different countries in america's name. this is somebody who has american lives depending on him. it's not a question of whether the president and former president can get away with this, it's a question of is this a way to behave with integrity? is this the way you want to protect the american --

>> brian: they were next to his corvette. >> jesse: you're right. >> gillan: one other point i will tell you in washington i was 23 years old when i got my tss security clearance to work at the national security council. i tell you this not because i'm bragging or something, i tell you this because the federal government is asking 23-year-olds to handle classified information responsibly. they can ask that. >> jesse: have a problem with the government trust in you is a 23-year-old. that could be a separate spin-off show. i'll say this, they have an interesting way of handling that. it's my stuff and i declassify that and i'd like to keep it, hands off. joe biden said i left it near my corvette and i have a great car. i'm next on the show, no escaping liberal policies. blue state wants to tax you even if they move away.

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with so many options, it's easier than ever to find the balance that's right for you. more choices. less sugar. balanceus.org >> judge jeanine: that's me, city of prague philharmonic. it doesn't matter where you go, if you leave a blue state like in california, get ready to give gavin newsom all of your money. democrats are considering a wealth tax including for people who have moved out of the states. if you move out of chicago, a moral candidate wants to slap people with a suburbs tax to the tune of $800 million. now they want to tax people out of their cars. a plan in san diego wants to

make driving so expensive that you will be forced to take the bus or the train. okay, so it looks like that it's not even about electric cars anymore. unless the train is electric or the bus is electric, they do not want you driving the car. >> brian: the overarching thing is get rid of the engine. when he first came on the scene with his emmy award-winning movie the combustion engine is the first worst thing that happened to the planet. if dell might know we're getting closer to it but the crazy thing is they want to do the wealth tax but the wealthy got wealthy for a reason. unless they inherited it, they do not waste money so they will go someplace where they can hold onto it. it just because they're a billionaire doesn't mean they want to give it away. they said we will follow you with 1.5% wealth tax for people who have $1,000,000,000.50 million you will pay 1% of the tax. if you are not liquid, we will look into a contract where we

take some of the assets. to me, there's got to be something you can do about it. that seems so un-american. >> judge jeanine: the truth is the proposal would add a 1.5% tax on californians who have a global net worth of $1 billion. and the 1% tax on californians who make $50 million or more. the proposal would make california's pay wealth taxes even if they lose the states. do you think that's constitutional? >> jesse: no, i don't understand it. >> judge jeanine: i don't understand it. it's been when you understand where they have the authority. it don't you point at me! >> judge jeanine: it's the violation of interstate commerce. if i move out of california, can i still vote for californian politicians? >> brian: good point. can i commit crimes over there?

it doesn't make any sense to me. they've got the borders for a reason. >> jesse: once amount of the border, you cannot text me. >> judge jeanine: jessica, why are so many people moving out of california, 300,000, and so many of the people are moving to florida 400,000 to be exact. is florida a more free state? >> jessica: lesser earth earthquakes. obviously i think gavin newsom released a statement or said something about how california is more free. the thing he was saying with ron desantis, people are moving for two reasons. taxes and schools. that's the big exodus during covid. people who were in blue states locked down in the kids doing remote schooling one of the opportunity for their kids to be in person. we knew early on that was something that was pretty safe for them and necessary for the kids development. >> brian: florida schools are not ranked it on high, number 34

in the country. >> jessica: not great, hopefully ron desantis has a plan for that as well. so the taxes are obviously a problem and that's why texas got so many people out of california including tesla when they moved there. it will continue to happen. the wealth taxes a proposal and i doubt that gavin newsom is interested in then. he can't afford to lose any other money and kathy's been out there complaining about how the state is bleeding high net worth individuals. wants you to come home so saying that i'm going to tax you 1.5% on top of all of this obviously not a compelling move. >> judge jeanine: the truth is california i think it was gavin newsom who was talking about paying reparations. so they will need that money for people who are leaving to pay the reparations, won't they? >> gillan: have not seen the person calling mike draw the connection before you. i will say on the wealth gap you

cannot make me feel sorry for the world's billionaires and once living in california. the most poorly managed states in the united states where the wealth gap is staggering. you cannot get me to feel bad for the billionaires. i know you guys are worked up about it but i come back -- this is a very bernie sanders thing of me to say that you're all going to yell at me, but again in the country the three wealthiest americans have more wealth than the bottom 160 million people combined. i don't feel bad for them. >> jesse: if you leave california and you move to texas and you live in texas, why can california still tax you if you do not live there? >> gillan: i think it has to do with if you read the details of the proposal -- >> jesse: you don't read the details! >> gillan: it has something to do with property. if you are the wealth tax in california, it's like you're

still owning property there and whatever. it's not like you're picking up the whole family and moving and never coming back. >> jesse: wants a like a spot so it's like a vacation spot. there is a big wealth gap over here is and they are? >> judge jeanine: right here at the table. up next, america is hooked on drugs and joe biden's policies are making things much worse. ♪ ♪ mass general brigham -- when you need some of the brightest minds in medicine. this is a leading healthcare system with five nationally ranked hospitals, including two world-renowned academic medical centers. in boston, where biotech innovates daily and our doctors teach at harvard medical school and the physicians doing the world-changing research are the ones providing care. ♪

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sites help prevent the spread of disease. she says these signs only enable him. >> my son, he's basically in bondage because they gave him everything that he needs to stay addicted but they don't have the resources to help him get well. i do know dell might not want to see this multiplied across the united states. of >> jessica: known as an open air market, junkies or mixing drugs with animal tranquilizers which is having devastating effects. users act like zombies and it causes gruesome wounds can lead to amputation. i want to come to you first about this and obviously it's incredibly heart-wrenching to see a parent going through this. i was surprised to see that gavin newsom vetoed the injection sites. we've got the first one here in new york city and where you think the battle of the sites goes? >> judge jeanine: i was a narcotics charge for a year and i did nothing other than

narcotics. the first time i was a new judge at the time i said to a defendant who was a young kid, i'm going to send you -- i was going to send him to county jail, not state prison. send you to a jail for a year or go to a rehab program. he said i want to go to jail. he said to me i want to go to jail. they like drugs, they want to continue with drugs, the question is what are we going to do as a society for the individuals who are continuing in the bondage is as this mother calls her? we've got to make sure they go into programs that are six months long and many of them do not get prosecuted. i was a tough d.a. and i was tough. i made a decision that i would take a chance on a lot of felons and i said to them i'm going to take a chance on you. you're going for six months of treatment and if you screw up, you go to states prison for the max. they didn't screw up.

as long as they had the help, they can break the addiction. but we do not give them that. we allow them to be zombies, we accept it, the message to the youngest generation that it is okay. you have to step on them on the way to school over them. >> jessica: the judge touches on something important because we are not talking about junkies anymore in the 20s or 30s, we are talking about kids that are getting bad pills going on snaps and drug dealers contacting them through social media. there was a grandmother who is 12-year-old grandson thought he was getting a percocet online and ended up with fenton all and narcan could not save him. you've got young kids, do you talk to them about the things like this? >> jesse: they knew not to do drugs or drink alcohol or cigarettes. but when you got a drug injection site what you are doing is you are telling all the dealers where the addicts are.

all the dealers go to the drug injection site and deal where they know the addicts will be in and out of fear that not only do you make it easier for people to do drugs, you're making it easier for the dealers to deal drugs. it's the dumbest idea, california is spearheading it, thebill de blasio is spearheadig it. everybody's disgusted by it. we should ban these things right away and joe biden nationalizes this, he's going to pay a huge political price. we do not want opium dens that are taxpayer-funded popping up over every city. >> jessica: definitely. obviously the fentanyl is coming from china via mexico. from your pardon, where's the administration in terms of the crackdown coming across the border and what other plans are in place to make sure that we can do something to stop the

bleeding? >> gillan: there is a whole movement from national security officials current and former no to go after the mexican drug cartels that traffic fentanyl. judge would know this more than i do but a lot are saying that the biden administration should approach these people the way the bush administration and the cartels through the brush administration went after al qaeda after 9/11. greg abbott took steps in the direction to classify them, the drug cartels as foreign terrorist organizations so that the law can follow them as such. a couple other states are making moves in the direction. i want to make a quick point and reminded me of something talking about the safe injection site clinics. they create a situation where people have sanitary and sterile equipment and that it is safe. one of my best friend's a

clinical psychologist and when we graduated college, she worked with a clinic in manhattan. i saw it and i don't know that such a place exists. i don't know if it's not just a government policy that is dreamt out. these kinds of drugs corrupt everything they touch, everybody they touch, and a lot of the safe injection sites i fear if they're not already will become breeding grounds for more drug addicts and for the people who are addicted to be victimized. >> brian: when he one want hunter to be in there and hunter's life? i'm sure he would have been horrified if he found out hunter's going to a free clinic to get drugs so he is getting clean needles or the right injection sites. i find it hard to believe that the dad of an addict or anybody who has been part of the family would ever say that's a great idea and it's good to know my loved ones getting drugs the right way. number two mayor adams nailed

it, he brought up fentanyl in the state of the city address. it's sneaking up and killing us. the one time i went to see president biden who's great at getting angry, get angry at the cartels and the fentanyl and be determined to stop illegal drugs coming from china. he had no time to bring it up in mexico city, and he's not really been stern with the chinese leader. why does he direct his anger at those two guys and then he can come back to us. >> jessica: there is no national injection site policy. to be clear. >> brian: i'd speak out against him. >> jessica: coming up, grammar or be darned, the word police want you to stop saying no. ♪ ♪ i'd like to thank our sponsor liberty mutual. they customize your car insurance, so you only pay for what you need. contestants ready?

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♪ ♪ >> gillan: while the grammar police are coming for the word the, no seriously. recommending in the now deleted tweet avoiding labels like the poor, the mentally ill, the french cleaning it's dehumanizing.

it you can imagine folks on social media mock to the change. it includes the french embassy tweeting the picture of them changing the handle to embassy of french and us in the u.s. ap apologize for offending the french. jesse, what do you think the show should be renamed since it can no longer be called "the five." >> jesse: hosts of "the five." >> jessica: no, you cannot use "dog." what about it's 5:00 p.m. somewhere? that's perfect. that's good. >> b>> jesse: unlike dehumanizig the french and we need to do that. i had enough of them. the french on their high horse, they can use a little knockdown. >> gillan: on their high horse? tell us about their high horse. >> jesse: they are snobby and how clear do i have to be about the food, their culture, their arts, their language.

need i say more? >> judge jeanine: did they not see you at a table when you went to france? >> jesse: that's the problem i ate at mcdonald's. >> gillan: i heard that they had fancy mcdonald's. >> jessica: they do it better. us before it's same food? >> jessica: the food's delicious first of all. it's more than a hamburger appeared to >> gillan: to be have to get back on topic or no? >> jessica: this is the topic. may be. i'm there's a lot. >> judge jeanine: that something i would not -- >> brian: the handbook is such a great resource for a lot of organizations is not out. you don't have to lean on it, therefore this style handbook wants to get on t the show. it wants to be on our network and so they say something totally ridiculous and to become important again. do not want to have style. therefore we will not be the french, we will not be anything

that is dehumanizing, we will not characterize things that way. the mentally ill, they do not want to hear that. the style people say that the mentally ill do not want to hear that. >> gillan: one of them is weighing in. >> jesse: do not encourage her. i want to apologize, i like french culture, history, there are great ally and i take back every thing i said. >> judge jeanine: wait, did anybody come to me? i don't care what you think, i don't care what you want me to thing, it's none of your business what comes out of my mouth! that's the end of it! kind of! >> gillan: we have to go to commercial break now. >> judge jeanine: why, do you want to yell at me? >> brian: the control room is losing it. [overlapping talking]

>> gillan: the show formally known as "the five," is coming up next. ♪ ♪ hi. i'm charlie kirk. i started turning point usa to do the work to help save america. right now, the world economic forum and global elites are planning the great reset. this is why i want to send you my exclusive book for a gift of any amount. this book takes you behind closed doors to reveal their radical agenda and arms you to fight back for the future of our country. call or go to tpusa.com right away to get your copy, and let's stop the great reset.

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be released at 7:00 p.m. judge. >> i have to do some serious comments. this is just about a bear in colorado has gone viral and taking 400 selfies of himself o a wildlife camera. ranges find other selfies that they took. he takes selfies of himself or herself, he just did it for the open space in mountain parks an they wanted to know what the bears were doing and this bear air was happy to oblige. >> dignified. >> f got a great story about a little boy named teddy who love to learn so much so he taught himself to read and count by th age of two. now at 4:00 p.m. he's become th highest number of the iq score club. mensa only if except people tha have the top two. teddy scores 99.5 percentile fo

his age, cleo is going to have to catch up a g is not doing those things perigee's only 13 months. >> brian? >> i have to tell you great story. make a wish has great source of great cause great check out annual jackson, one of his goal was to go watch as seattle krack kracken even with the best players his brother got out there and then he signed poster afterwards, great cause. talk about great tonight. saturday night at 8:00 p.m., we have a great show. they will be amongst my gifts and that new special forces sho that she is still surviving in at 8:00 p.m. on saturday. >> are you sure? >> goalies? >> it also helps. you sure your short is on saturday? we need to fact check that for you? >> wow.

i expect this from you, judge frickey we don't really have time for my one more time picking because you were knocking his bare. >> i am very excited that he wa back yesterday, something very exciting that have been. he looked amazing, he sounded amazing great can't wait to hav him back here in person. gate that is it for us, we will see you back here on monday. have a great weekend, everybody. ♪ >> good evening and welcome to washington. i am palin baier great authorities in memphis and othe major cities are bracing for a possible trouble with his evening six affected release a video showing which officials say is the murder of a motorist by five now former police officers. that story is live from memphis incoming upgrade would begin tonight with our first look at video of last fall's attack on paul pelos