considered a factor in the final determination of the case. from the moment she was assigned this, miss corey noted she may not need a grand jury at this time. the investigation continues. meantime, the stirring images of student protesters outside of the sanford police department as well. it was an act of civil disobedience that forced the department to temporarily shut its doors. ♪ >> this group of about 50 students are gathered to demand that zimmerman be arrested and to criticize the police department for its handling of the case. nbc's kerry sanders is following the case. he joins us live from sanford. a lot of people are about the surprise direction when so many were anticipating a grand jury being convened. give me the tick tock of what happened here. >> reporter: that was the politically safe move, to go to the grand jury. because a. loe corey could have taken the evidence that has been

gathered by her, presented to it a grand jury and come back with whatever they came, whatever sort of decision they made. instead, she has decided that she will decide on her own and announce whether there need to be charges or whether charges are not warranted. i think perhaps the biggest surprise here is that angela corey made a moment in her day, which is no doubt a very busy day, to make a phone call down to the police department. which is just a short distance from here, where those dream defenders, those people that you just showed, were gathered and sitting in a civil disobedience, quietly protesting. she invited some of them in. they had an opportunity to talk to her on the phone where she told them to please be patient. take their time. understand that the process is indeed in full swing here. and that there will be some movement, but no mention of any sort of timetable. by taking this off of the grand jury and also, sort of leaves it a little bit loose in terms of a timetable, although it is

possible, if there is going to be an announcement, we could see something this week. we believe that because angela corey has been heavily involved as the special prosecutor with fdla agents trying to gather as much evidence. now that she has moved to the point she can decide, i'm not taking this to the grand jury. i can make a phone call down and speak to these protesters. she has moved into another phase where it is possible, the analysis and the team analysis, although ultimately the decision rests with her, the team analysis is in process and so now she is moving toward making a final decision. >> thank you very much. and now that there will not be a grand jury, the special prosecutor can decide, as you heard, either to file charges or drop the case altogether. joining me now, the nationally syndicated talk show host michael smerconish. as well as criminal defense attorney john burris. thank you for joining me, you

were based in florida, or i should say you are based in florida. let me get your response saying that this was the politically safe move in this case to not have this grand jury. >> well, i think the politically safer move would have been to have a grand jury say i presented the evidence. they decided charges. they decided no charges. that gives the prosecutor a little bit of cover. and said what she's decided she would do is make the decision herself. which means that there will be public reaction either way, strong public reaction. and i give her all the credit for it. at the end of the day, she is the special prosecutor appointed by the governor. she ought to make the decision. and it will be a controversial decision, whatever it is. at least she is not running for cover. >> could she have made this announcement before today? as we pointed out, a lot of people have been following this, expected a grand jury to convene. possibly tomorrow. >> well, she could have made a decision a week ago. i think what has happened, as

she has focused on the case, she is now getting very, very close to a decision on prosecution or not. one of the first things she had to decide was whether or not to go to grand jury. i think we're getting very, very close to the hour of decision. >> i want to play what ben crump, the martin family's attorney was on with andrea mitch aell a short time ago. >> we're anticipating that they were not going to do a grand jury because we really felt from the beginning, they had enough evidence to effect probable cause to do an arrest. not a conviction of george zimmerman who killed trayvon martin but an arrest. and this is a situation that we are hopeful that because she didn't do this grand jury, that there will be an arrest soon. >> so michael, ben crump also said from the beginning, he really did not want a grand jury

because he felt it was a private proceeding. that a grand jury would be bad for this case. what is your reaction to that, michael? >> i agree kendall. that the grand jury would have provided political cover. and i think she is bold in waiving that off and saying, no, she can make this determination without the grand jury. a second interpretation is that she might think that it is superfluous because perhaps the presumption is that zimmerman would take the fifth amendment and that witnesses don't need to be compelled to provide testimony to the grand jury because they're cooperating. and therefore, she has all the tools at her disposal that she would have had with or without a grand jury, so why go through that process? >> let me get you in on this. how concerned are you that the language of even political cover or cover is being used or even needed in this because of the attention, quite honestly. bum it is now a rt that a of deciding if she made the right or wrong call here. >> well, certainly, i think for

political cover purposes, she probably should have gone with the grand jury. i'm not offend that had she hasn't done so. it is not just probable cause here. if you're the prosecutor, you have to know that you can make more than probable cause and make the arrest. once you make that decision, you're on the line. so she needs to make sure, she wants to make sure she has more than probable cause but enough to get a conviction for whatever charge it will be. so making this decision was i think appropriate. i also think the investigation is something that is wrapping up as well. >> let me get to you follow up. earlier this morning on the "today" show, george zimmerman's attorneys were on. they pointed out that people are saying, they just want an arrest them want the process to go through with an arrest. and his attorneys are saying, that is be how the process works. that people believe they can watch "law and order" and maybe figure out the legal system but according to them is not the process. >> he's correct. i'm a former prosecutor as well as defense work. i know that the prosecutor is supposed to make a decision not

on probable cause but based on their belief they can get a conviction, based on reasonable doubt. that doesn't always happen but you need more than probable cause at this stage of the proceedings. i know the family would like for an arrest to occur but they'll be very, very disappointed if it turns out the prosecution just has probable cause. they will find that he'll be found not guilty. the prosecution needs more than that. >> let me bring you in. the reverend al sharpton and the network release ad statement saying to not have the grand jury vindicates the position they've taken all along. that you do not need a grand jury to make an arrest of george zimmerman on probable cause. >> correct. >> i think that it certainly is clear that you don't need a grand jury. in fact, most of the time you wouldn't be using a grand jury for these kinds of charges. in terms of what the standard is, i agree the comment just made. now that it's in the hands of a special prosecutor, the special prosecutor, of course, considers probable cause. but she's also to consider whether there is a sufficient

prospect of proving guilt beyond a reasonable doubt. as we know, that's a more demanding standard and that is part of the responsibility of angela corey at this hour. >> you have such a unother eek position. you talk to people all day from across the country on radio. but you're also an attorney. at this point, what are you hearing from, i hate to use the term, middle america, but you have these polls out that indicate there is a great divide in how blacks and whites are seeing the coverage. >> i'm so glad you asked me that. i just concluded an hour-long conversation about the case. what i'm stressing is that people are praying for a particular outcome. i think that's the wrong approach. i think what we should all be hoping for is that facts will be forthcoming and that intelligent decisions can be made by the judicial process. but i'm really troubled by people who are predisposed toward believing that they know what happened, whether it is a pro trayvon martin or a pro

zimmerman perspective. when at this juncture, none of us know. >> absolutely. but kendall, you know the law. you know how it works in your state. what is the next logical move here? >> well, i think we're going to get an announcement before anything in terms of more buzz, i think thing are getting very tight-lipped. precisely because we're getting close. and what i hope happens with the announcement, no way to say how it will be handled or presented. is that there is an explanation. because if she doesn't bring charges, we all want to know why. if she does bring charges, it has to be clear to those in america who think maybe she will be bringing charges in response to strong community pshs. prosecutors don't have to but i think she will give an explanation. >> you have some reports. no one, to kendall's point, knows for sure but you have some reports that claim there could be an arrest this week.

all of that, very premature given the surprise of the announcement today. what are you watching for to be the next move here? >> well, i think hoping for an announcement of some kind. obviously prosecutors don't have to explain. given the high visibility of this case, it will be important for her to be very definitive about the decision she makes. either pro or con, for or not. no matter what, she will catch a lot of emotional heat as a consequence from all sides of the spectrum. i agreed the earlier person who said i haven't been involved in one of these, oscar grant, a young man shot by police. people formed opinions based on how they think the outcome should come out. it will be up to the prosecutor based on the evidence. that's a difficult charge when you have all this emotion but hopefully she can do that. >> all right. thank you, john, michael, kendall.

we're following another developing story out of tulsa, oklahoma. investigators are trying to determine whether a deadly shooting spree there was a hate crime. right now, federal officials say they don't expect to file charges in the shooting rampage that left three people dead. two others were wounded. both suspects in the case are now being held on $10 million bail after appearing in court this morning on multiple charges of murder and attempted murder. police and the tulsa d.a. are now reviewing other evidence to see if the killings may have been fueled by both racism and revenge. >> this is presenting the evidence. if we can figure out what the motivation was behind these killings, and it sufficiently meets the evidence of hate crime, we'll file a hate crime. if it doesn't, we'll look at the evidence and file what can be supported by the evidence. >> nbc's gabe gutierrez has the latest for us. >> reporter: good afternoon. that initial court appearance wrapped up a few hours ago and a judge ordered both suspects to

be held on almost $10 million bail. they are both charged with three count of first-degree murder, two counts of shooting with intent to kill and one count of possessing a firearm while committing a felony. both suspects are due back in court on april 16th. now something that wasn't mentioned at today's hearing was whether this crime would be classified as a hate crime. in fact, police have been very reluctant to call it that. only saying that they're at all the evidence. among that evidence is a facebook post from someone who appears to be the younger suspect. 19-year-old jake england. that facebook page has since been taken down but hours before the shooting spree, someone who appears to be england wrote about the two-year anniversary of his father's death. he referred to the kill we are a racial sure. another entry posted friday says in rt that a, if something happens tonight, be ready for another funeral later. police are trying to sort out what exactly that means but

friends are also reporting that england may have been dealing with the loss of his girlfriend who reportedly took her own life several months ago. again, it is unclear what any of this has to do with the shooting spree early friday morning. police are looking into that. all we know for sure now is that both suspects are being held on almost $10 million bail. back to you. >> all right. thank you. moving on, mitt romney pulls his negative ads against rick santorum in pennsylvania while santorum spends time with his daughter bella who was hospitalized. we have santorum's reaction to the romney gesture. plus big developing news. u.s. officials are responding to reports that north korea is planning a nuclear test. meanwhi in today's news nation gut check, oh beast people, overweight people, you need not apply. a texas hospital is refusing to

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we're back with the breaking news on the trayvon martin shooting investigation. the breaking news at this hour, many people are reacting to, the special prosecutor announcing late this morning she will not have a grand jury decide whether to bring charges on george zimmerman. let me bring in joe-ann reid. you said as early as last week, this special prosecutor has indicated that she was never going to have a grand jury here. >> the feeling that we've been getting on the ground and the telegraphing that has come from

the specific prosecutor, including a piece in the "miami herald" that talked about this, we had the feeling that there would not be a grand jury in this case. what people need to understand sprks the april 10th grand jury date was a product of the previous prosecutor. when norman wolfinger recused himself from the case, technically everything did he went away and that included the april 10th date that he set for the grand jury. fact is it was never her deadline. >> it was never her deadline and she was not bound by it. >> by releasing this official statement, this is why this is flaring up. another fact or fiction, george zimmerman's attorneys were on the "today" show this saturday talking with lester holt regarding what they believe is one of the rumors or, less than factual story lines that is out there. let me play what they say. >> they show up a 5-year-old picture of a young man when he is with 12 years old and a picture of mr. zimmerman in what looks like jail house orange.

put those juxtaposed next to each other instead of letting everyone know, he is over six feet tall. five inches taller than george. when people say i think it was the larger guy doing the hitting yeah, the larger guy by what? the five pounds difference? he is chopping away at whatever is out there that they can to prove to be wrong before it even goes to a jury. >> what they're trying to react against is the initial stories portrayed. trayvon martin is this young kid with skittles and iced take versus george zimmerman that has had an arrest in the past. they're trying to reframe the narrative with trayvon martin as the heavy. the guy who was the frightening one and george zimmerman as the guy who has been painted wrongly. this is what they're doing to get their narrative out. >> regarding the self-defense claim, to their point, if you look at the initial pictures that were released, it was of trayvon when he was five years younger than at the time he was

killed. >> right. we've seen various images that have been released from the family. preferring the baby pictures which we've had on the grio all the way to his age when he died. what they're saying, he was the larger one. what we understand now is that trayvon martin maybe weighed between 20 and 40 pounds less than george zimmerman. george zimmerman is big aer person width wide but trayvon martin would have been taller. according to the death report, best six feet tall. >> another thing that carey sanders pointed out, it was a 7:50 investigation. according to 1e6r8 veteran homicide detectives interviewed by nbc news, they believe that that timetable appears unusually quick. >> and that is i think the crux of this case. what has caused this case to become such a sensation, the seeming swiftness with which police in sanford decided there was no case here and they released george zimmerman. one of the elements we've seen that's out there that is almost a fact or fiction is the idea

that george zimmerman's wounds that he suffered in the fight, that the attorneys say was this life and death struggle. and then we see him in that police surveillance tape not really injured them say that was four hours later. his wounds had healed. the time stamp shows it was about 36 minutes. >> something that does not necessarily have to do with the investigation but one of the heart details, you've pointed this out. there have been reports that there was a three-day wait for police to identify trayvon martin's body. >> initially a lot of of the outrage, would you hear people, particularly in the african-american communicate saying this poor child was left a john doe for three days. his father filed a missing persons report the very next day after didn't come home. the police put it together. and it was the following day that the father learned that his son was dead. there is paperwork that has to be filed that may have made it take a couple days more for the body to be released. >> thank you very much. appreciate your information. a starting new study out today links autism with obesity during pregnancy.

the report shows the chance of an obese woman having a child with autism is 1 in 53. also, secretary of state hillary clinton is skipping the democratic national convention. the reason why? it is in things we thought you should know. plus -- >> whatever happens in life, good or bad, whether you're the hero or the goat, whether you like it or not, you know that someone has a plan for your life. >> here's one way to get people to show up to church even on easter sunday which is when most people would go any way. 15,000 to 20,000 people came to see tim tebow speak. what else did he have to say to that enormous crowd coming up? first in today's money minute. sony is reportedly planning to cut about 10,000 jobs worldwide over the next year. a japanese newspaper said sony is slashing 6% of its work force because of weak television sales and big losses. sony's spokesperson would not confirm the reports.

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student protesters shut down the police department in the trayvon martin case. and announcements from bill cosby on this case. plus, questions over the u.s. amid rising he knows the with iran. we'll have a live report from the pentagon on what's going on. and you probably recognize his face. actor josh is getting involved in the presidential campaign. we'll tell you what he has to say. and gut check. a hospital is refusing to hire people who are obese or overweight. what is behind the decision? here's a behind. image they say might be everything. we begin this half-hour with politics. tax fairness or tax hike. the debate over the two heating up in time for that day we all

love, i am a 15th. our first read team points out the obama team is starting the week emphasizing tax fairness and the buffett rule demanding mitt romney explain why he is opposed to wealthy americans paying a lower tax rate than the middle class. by the way, president obama will deliver a speech tomorrow in florida on the buffett rule. meanwhile, republicans are reacting. in fact, communication aide to minority leader mitch mcconnell said how many jobs will the buffett tax create and how it will ease the tax at the pump? how it will change the trajectory of the massive federal debt? a lot of questions there. let's get some answers. amy stoddard from the hill and steve, thank you both for joining us. we're starting off with the buffett rule. the 1-2 punch, if you will. the campaign going after mitt romney on this issue of tax fairness as it is scribbled by democrats. then tomorrow we'll hear from

the president. what are we to make of starting the week this way? >> the obama campaign is sort of launching the opening salvo in this long debate that's going to head up into the elections about the expiration of the bush tax cuts. if they were all to expire on december 31 and not be extended, we would have a lot of deficit reduction but a serious problem in the economy. the republicans will volley back that tax fairness is a tax hike. in this economy, we can't afford it. there will be no more job creation if there are too many new taxes. that will be the volley between the two parties all year long. it is an issue that polls well for president obama. there was an associated press poll out in february that showed that 65% of respondents preferred this buffett rule, that anyone earning over $1 million pay a rate of 30%. this polled well consistently for years. the republican there's try to frame this as a way of destroying the economy and

whatever growth we've had in the recovery thus far. that will be the argument all year. >> let me bring you in on this. you've got american cross roads. we know they are quite conservative and their research shows the president's campaign to a.b.'s point is picking up or gaining some traction among critical swing voters by arguing that the republicans, including mitt romney, are not giving the middle class here a fair deal. that when romney is being pushed by the obama campaign to answer the question, why shouldn't the wealthiest in this country pay more, that they don't have a valid pushback on this. you're a conservative but no fan of mitt romney of he seems to be the nominee here. how does he fight back on this one? >> well, it's tough. he walked right into a punch here. from the very beginning, the "wall street journal" criticized mitt romney's tax plan for being timid. he accepted a lot of he's the attacks from the left will he was even arguing for the same

kind of tax cuts that democrats typically argue for. instead of let's have a major philosophical discussion with the country. if this is what they wanted. another four years of what they just had, so be it. again and again you see from mitt romney he is unwilling to have this conversation about the premise of the argument. and he just wants to fight political gorilla warfare. i would fire back -- >> why do you believe -- >> i think because first you're talking about a man with very little political conviction. he is an ultimate utilitarian first and foremost. i don't think as he movement conservative on any level. i think it is just winning for the sake of winning. this is a simple question. i would like to ask everybody in your audience. how many poor people have ever given them a job. a real low number. all my joks have come from rich people. the idea that you're going to grow jobs by penalizing the people that produce them is just insane. >> but obviously, the democrats and many people in this country don't see it as penalizing. you've got this article, steve,

that was in the new york times. the executive pay, a rich game of thrones. they asked the question. what ceo is worth a million dollars a day. is a ceo, steve, worth a million dollars a day? we continue to see the data that shows the richest in this country continue to get richer, and the middle class people are falling behind. >> well, i might be the wrong person to ask that question because i actually believe in free market economic capitalism. not crony capitalism. i don't really trust big business anymore i trust big government. i don't trust human nature i find, thomas jefferson was correct. whenever you concentrate power in the hands of a few, regardless of the belief system, human history is rebleet examples of abuse. the problem with mitt romney he comes out of this corporate culture. he is not a grassroots movement conservative that can have these really integral or important philosophical debates with the president. he come from frankly, a lot of

the same kind of cultural mindsets and elitism that he is often attacking like last week when he attacked the president for going to his alma mater how many ridiculous can that be. >> let me switch real quick. i want to get to chuck grassley's tweet. he referred to the president as stupid. when about this poetus versus scotus debate. >> i was really surprised by senator grassley's tweet. he is sort of sweet and charming guy. i think this absolutely breaks the level of decorum that we expect from senators. just as i believe that president obama should not be attacking mitt romney with tweets under his own name. this is something his campaign can do. it is unpresidential. i think people on both sides of the aisle are guilty of cut-throat politics that are going too far over the line these days. >> but it also distracts, if

there is a legitimate criticism here, you distract from it. you've got david axelrod responding. he said i think a 6-year-old hijacked your account just to embarrass you. smackdown, i would say. nonetheless, steve, i heard a lot of this from conservatives yesterday on the radio as well as on television who threw up the fact that here you have this professor who should know the constitution and how dare the president who has this academic background come out against the supreme court. when we know that conservatives have also gone after what they refer to as activist judges when things have not gone their way. i did think it was an intriguing talking point all weekend long over this notion. well, look, he is supposed to be a professor and he doesn't get it. >> i think a.b. is 100% correct. this is what partisan rancor does. it creates enough hypocrisy to go around on both sides. if charles grassley wants to

have an argument about what's stupid, how about his vote for the t.a.r.p. program. which as it was pointed out last week, the most single unpopular, the single most unpopular piece of legislation in recent american history. and charles grassley voted for that. and me as a conservative, i think that was a pretty stupid vote. >> you may not have a conservative friend in the country after that. thank you. >> start asking me about conservatives. you're not asking me. >> like mitt romney, don't make the mistake, you said is not a conservative. thank you very much. we'll see you later. a quick programming note tomorrow morning on the "today" show. you can see the exclusive interview with republican congressman paul ryan. a new autism study tops the news. obesity during pregnancy may increase charges for a child to be diagnosed as autistic. that is according to a new university of davis study. researchers say it does not

cause autism but pregnant women who are obese are 67% more likely to have autistic children. tim tebow. a big draw on easter sun. a crowd of about 15,000. some reports say there were up to 30,000 gathered in the small town of georgetown, texas, to hear the jets quarterback speak at an outdoor service. he told the congregation, it is okay to be outspoken about your faith and his faith has helped him on and off the field. >> whatever happens in life, good or bad, whether you're the hero or the goat, whether you like it or not, you know that someone has a plan for your life. >> listen to this. last month was the hottest march on record in this country. temperatures were nearly nape degrees above normal, 9 degrees above normal for the month. meteorologists blame an unusual mix of weather patterns for the warm start to the year. and developing now on msnbc, there are serious questions that the u.s. key employed a second aircraft carrier to the persian

gulf region amid rising tensions with iran. joining me now, chief pentagon correspondent jim miklaszewski. people are finding out whammed. you have more information from the pentagon on this one. >> frankly, that story may have been overwritten just slightly. the u.s. military, the u.s. navy almost always has two aircraft carriers in that region. don't forget that some of those aircraft from the u.s. aircraft carriers are still could not ops over afghanistan being launched from the north arabian sea and occasionally you'll have an aircraft carrier go through the straight of hormuz. and when we were there, the admiral fox out of bahrain, when asked about it, he said look at the neighborhood we live in. his words exactly. and they're always ready for a potential outbreak of some kind of activity regarding iran. but in terms of these two aircraft carriers, this is

pretty much routine, attempt robb. >> okay. and news out of afghanistan. there has been a change in the night raids. >> the night raids are when special operations forces will go into a village and quite frankly, knock down doors and grab up militants or enemy or taliban, whoever they're after. they were quite successful in iraq and really routing al qaeda. and they've been pretty successful in rounding up taliban operatives and also militant there's in afghanistan. but you know, it became an issue of sovereignty for the afghan government. they demanded some control over those night raids. on paper it says that the government of afghanistan will not only be in charge of those operations but has to approve them with a warrant. and that is all well and good. but we're assured here by pentagon officials that the u.s.

military, when they need to, will still have the freedom they need to operate to go after the bad guys. >> it is interesting. we know that karzai had blamed civilian casualties and repeatedly, as you pointed out, called for an end to knees nighttime raids. so is this or is it not a change here? >> no, it is a change. on the surface, they will have more control over the night raids. but again, i will emphasize here that senior officials here say when it is needed, the u.s. military, particularly special operations forces, will have the ability to operate and do the things they need to do. after all, the u.s. military is not about to turn over control of their special operations or any other military forces to another government. it is just not going to happen. >> thank you for clarity on both those stories. we certainly appreciate it. and tributes are pouring in today for mike wallace. what people are saying the most

memorable moments from this legendary journalist. first there is a lot going on today. here are some things we thought you should know. secretary of state hillary clinton won't attend this summer's democratic national convention in north carolina citing her job. the clinton spokesperson said that decision was made for her the moment she was sworn in as secretary of state. actor josh hartnett will host a student summit at the university of minnesota on fright. and first lady michelle obama kicked off the 134th annual white house easter egg roll with a warning for her husband not to be too competitive. >> we're going to be over there doing a little egg roll. i think the president will try to beat a 3-year-old which he highway patrol he does not. i want you to grow big! if you grow for me, you'll get cookies for free. nothing worked. ♪ but we started using miracle-gro garden soil. you just mix it with your backyard soil...

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trayvon martin. no grand jury. what does it mean and what's next for george zimmerman? plus, r-e-s-p-e-c-t. and mitt romney in a wet suit? as dry as dust. more heartfelt notes of respect are flooding in today to honor award winning tv journalist icon mike wallace. the iconic broadcaster died sunday. today he was paid tribute to the his legacy. using social media, twitter specifically. larry king called wallace a dear and wonderful friend. not just a great broadcaster but a great guy. we will never see his likes again. back to the developing news in the trayvon martin case. the special prosecutor announced within the last few hours that she will not use a grand jury to decide whether george zimmerman will be charged with killing the teenager. many people have opinions in the case and many are falling along

racial political lines. joining me, professor, thank you for your time. let me get your thoughts. you were saying a lot of people you've been talking to since this news broke, people are out because they don't know how to pros this is move by the special prosecutor. >> people are saying it's not going to the grand jury and saw it aas avoiding justice. i don't think a woman will single handedly not put on charges. also, this is her normal style. she never takes anything to grand jury so it is a very normal circumstance. i think we'll get justice here. >> the attorneys for the martin family indicates they see this as a positive move. they did not want private proceedings to take place, as they describe the grand jury. the washington time pointed out that mr. cosby said when you carry a gun, you mean to harm somebody, kill somebody. without a gun, i don't see mr.

zimmerman approaching trayvon by himself. the power of the gun mentality had he been unafraid to confront someone, even calling police for back-up in similar situations. bill cosby one of the voices coming into this. do you believe people will have patience to watch this pros he? the family's attorney saying, if trayvon's parents can be patient association can the public. >> the public should be patient. if we want justice, we have to expect to it take its normal processing time. that's not what happens. we live in a cable news era where everything happens fast. we're getting breaking developments all the time and people want answers quickly. people are already chomping at the bit to find out what's next. they're ready to protest before there's anything to protest. i urge people to stay patient and see what happens. >> i think when the attorney says, this family, they lost their child. if they are standing by patiently to see the process, they're not being passive. but you don't have to mistake the two. you don't have to be passive but

you can exhibit patience. >> we need to be persistent and stay on the ground, keep a public spotlight. i encourage all television shows and media to keep a spotlight on this. we need to exercise some patience. you're on a college campus and you talk on students. we saw students protesting in front of the sanford police department to the point they had to close down the police department. there is always community college. they're expecting some of their students, many or most of them, african-americans around 2:00 p.m. eastern time which is 50 minutes ago, to start another protest. a lot of involvement on the college level here. is that because they can identify with the age of trayvon martin? or is it the social media aspect of the story? >> it's all of those things. they identify with him because of the age thing. maybe students of color feel like they're just as vulnerable and just as subject to this type of thing but also a sense of outrage. forle students, at least college sophomores and freshmen, this is

their first media access to a crisis where they see justice denied. they're like how could this happen in a nation like this? it has opened their eyes. i hope they link to their to social policy, to legislation, to racial injustice, to all the things that we care about. >> thank you so much. marc lamont hill. thank you. up next, in today's news nation gut check. a hospital, listen to this. refusing to hire people who are, quote/unquote, obese or overweight. is this fair? wait until you hear the reason. it is not about health. zap tech. departure. hertz gold plus rewards also offers ereturn-- our fastest way to return your car. just note your mileage and zap ! you're outta there ! we'll e-mail your receipt in a flash, too. it's just another way you'll be traveling at the speed of hertz. at e-trade, our free online tools and retirement specialists can help you build a personalized plan and execute it with a wide range of low cost investments. get a great plan and low cost investments

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this literally hits in the gut. the hospital has a policy of refusing to hire anyone with a body mass index of 35. your bmi is calculated on your height and weight.

so anything over 30 is considered obese. that means a man who is 5'10" who weighs 240 pounds would not make the cut at this hospital. a woman who is 5'2", her cut-off would be at 195 pounds. now according to the texas tribune, the hospital policy reads, an employee's physique should fit with a representational image or a specific mental projection of the job of health care professional. including in appearance. free from distraction for hospital patients. as for the big question of whether this is medical, earlier today my colleague richard spoke with a discrimination attorney on the legal issues surrounding such a policy. >> it is not technically illegal but it probably should be and it is dangerously close. the reason for that is that this policy is not rationally related to any legitimate reason the hospital could assert and doesn't relate to any essential job function. >> so some employers claim these types of policies are needed because of medical nch could for

overweight people them say it costs a bundle. some firms even impose penalties on work here's are unhealthy. in the case of this hospital, their policy surrounds image. if you're a health care worker in their eyes, you should appear then healthy. so what does your gut tell you? does the hospital's policy seem like a good idea? go to facebook.com/newsnation to cast your vote. that does it for this edition of "news nation." tomorrow i'll have an opportunity to talk with the star and order svu about the show's 13 season and actually some special projects that she has underway. ♪

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