nixon. the prosecutor in charge of the michael brown investigation is raising all kinds of questions from the community on whether he can deliver a fair investigation. this comes as things seem to be calming down in ferguson today. missouri governor jay nixon today ordered the state national guard to withdraw from the city. that after what captain ron johnson called a very good night in ferguson. but passions are still running high over whether the investigation into the michael brown shooting will be fair. right now, it's up to st. louis county prosecuting attorney bob mcculloch to bring charges against darren wilson, the officer that killed mr. michael brown. grand jury is hearing evidence, but many in the community are not confident in this prosecutor.

today, state senator jamil jamiljamila jamila nasheed delivered a petition for the prosecutor to recuse himself. >> i am here today to deliver 70,000 signatures. [ applause ] those signatures basically are coming from everywhere throughout this country. worldwide. people have made a statement. >> but when she went to deliver those petitions to the office, something unbelievable happened. >> we want to take them to the office subpoena. >> i -- i know. >> we have a few people here. >> i know. >> this is a public entity. this is our first amendment right. i'm an elected official. >> i know. >> for the senator for the state of missouri. >> yes, ma'am. >> how dare you tell me i can't go up? this is a public building.

>> ma'am. step over the line and you will get arrested. >> how can ferguson residents have confidence in police and other officials when they block a state senator from a public building? a few minutes later, she was brought inside and mr. mcculloch vowed to stay on the case saying, "i have no intention of walking away from the responsibilities and duties entrusted to me by the people of this community." he also said, "i have a responsibility to the family of michael brown and the declaration of emergency by governor nixon grants the governor the exclusive power to remove me. i do urge all seeking my removal the to express those demands to the governor." some have called on the governor to remove him. so far he's refused. even with relative peace on the streets of ferguson, there is

still a lot of controversy about how the case is moving forward. joining me now from ferguson, patricia bynes, democratic committee woman for ferguson township, and msnbc.com's tremaine lee. thank you for being here tonight. >> thank you. >> thank you for having me. >> you want a special prosecutor. bob mcculloch won't step down. what should the governor do? >> remove him. there is political grandstanding going on. neither one seems interested in having a special prosecutor here. bob mcculloch can step down. he said he's not doing it. the governor is showing he's not going to remove him. this is the answer. it's not the answer that the

community is looking for. this is not what we want. we wanted a special prosecutor to take on the case. what we see now is ridiculous. there is no transparency. when you try to get accountability and answers, they block you just like they did senator nasheed from trying to give the petitions. >> we have seen a lot of people question if bob mcculloch can be objective about this case. some have are raised the fact that his father was a police officer, killed in the line of duty by an african-american man. also in 2001, he didn't charge two officers who shot and killed two unarmed african-american suspects. and he referred to the two men killed as, "bums." how worried are residents of ferguson about this prosecutor? >> i think the residents of ferguson have long been concerned. while some of the viewerers and people outside of the community don't know who bob mcculloch is,

he's no stranger to the community. with the in-fighting, controversy and long history it does little more than fuel their concerns that they want a special prosecutor but they need a special prosecutor. so, again, as you mentioned some of the grandstanding, political maneuvering. the showdown shifted from are streets to the process. it's getting stickier. >> let me ask you this, ms. bynes. the attorney general, eric holder, visited the area yesterday in ferguson. today he talked about what he told residents and how the trip affected him personally. take a listen. >> our investigation will be fair. it will be thorough. it will be independent. on a personal note i have seen a lot in my time as attorney general. few things affected me as greatly as my visit to ferguson. i met with the family of michael brown. i spoke to them not just as

attorney general but as a father of a teenage son myself. they, like so many in ferguson, want answers. >> some thought that the attorney general's visit also served as a calming influence in ferguson. do you view it that way, ms. bynes? >> absolutely. the people are starting to feel this is being taken seriously. it's getting the attention that it deserves. we certainly preept the attorney general's visit. it's gone a long way trying to calm things down. but what's going on as far as the special prosecutor and the process now, this is the part that people are focusing on. now that we know the attention is here. >> te tremaine, there could be investigation into police practices as well in ferguson. in the last five years there have been 20 justice department investigations into police departments. more than twice as many in the

previous five years. so today the attorney general was asked if he'd open a similar investigation in ferguson. listen to his response. >> you have been very forward-leaning on the issue of pattern or practice investigations. is that something that can be done? and where are you and your team on that? >> there is nothing i want to announce at this time with regard to that possibility. there are a number of tools that the justice department has with regard to examining police misconduct cases. >> a lot of tools is what the attorney general responded, tremaine. where is the community when they hear him saying that it is a possibility. he may deal with investigating his whole department. >> right. i spent time in neighboring kinlock, the oldest black incorporated town in missouri. a reverend that's been there a long time, he said when that man pulled the trigger he didn't

realize we would have help from washington. eric holder saying he'll watch what's going on here means a lot. again, almost to a person, they will tell you that there is such a long history here from are the daily harassment. look at the summon ses and fines and fees. delivering warrants, fining people. it's part of the machine that people on the ground have been part of and ground up in for a long time. it is reassuring that the attorney general assured them he'll be here with all those tools. >> i did a segment on fines last night. one of the things that's interesting to me is that with this now appearing that the attorney general and the justice department is watching very closely what's going on, so much so that an unprecedented visit by him personally there, it also puts the heat on the local prosecutor and the police and investigators that no matter

what happens with the federal government in an investigation, i they better watch their step in what they're doing. >> absolutely. absolutely. bob mcculloch has been the prosecutor for the past 24 years. so it seems there's been a culture in place. there's been a business as usual attitude in taking care of the business when it comes to prosecuting and law enforcement. so what we are seeing is a very ingrained culture. that's how we got to the point where we are today. but everything has to come to an end. everything done in the dark will come to the light. we'll see light shown in a couple of places here that people may not like. >> trymaine, do you feel that the peace we saw last night right after the attorney general's visit of things calming down, there was also bad weather. do you think that's a signal that things are calming down and shifting from the streets to the policy debates or was it some

thunderstorms in the attorney general? >> i really think it's the perfect combination of everything. you had torrential downpours and excessive heat along with the fact that people are tired, protesting for going on two weeks now. you have the attorney general bringing hope and things that the federal government is here. it's a perfect combination. also a shift in police strategy. they hadn't been as aggressive and violent are with protesters as they were the night before. we are at a tipping point and a turning point. we are, indeed, seeing a shift of the pressure back into the system. so moving forward, i'm not sure if we'll see the flare up of what we have seen before. if what we saw last night is an indication, i don't think we'll see what we have seen in the last week. >> we'll leave it there. thank you for your are time tonight. >> thank you. >> thank you, sir. coming up, inside the investigation. a new eyewitness comes forward. and new reports about what might

happen and what might have happened before shots were fired. plus, five years ago ferguson police allegedly beat an innocent man, then charged him for bleeding on their uniforms. you will not believe where that officer is today. it's an unbelievable story and it's ahead. and ferguson coming together. from nfl teams to highway patrol officers. stay with us. what if there was a credit card where the reward was that new car smell and the freedom of the open road? a card that gave you that "i'm 16 and just got my first car" feeling. presenting the buypower card from capital one. redeem earnings toward part or even all of a new chevrolet, buick, gmc or cadillac - with no limits. so every time you use it, you're not just shopping for goods. you're shopping for something great. learn more at buypowercard.com

my motheit's delicious. toffee in the world. so now we've turned her toffee into a business. my goal was to take an idea and make it happen. i'm janet long and i formed my toffee company through legalzoom. i never really thought i would make money doing what i love. we created legalzoom to help people start their business and launch their dreams. go to legalzoom.com today and make your business dream a reality. at legalzoom.com we put the law on your side.

coming up, inside the investigation. a new eyewitness and many, many more questions. our legal panel is ahead. and even piano tuners were just as simple? thanks to angie's list, now it is. we've made hiring anyone from a handyman to a dog walker as simple as a few clicks. buy their services directly at angieslist.com

no more calling around. no more hassles. start shopping from a list of top-rated providers today. angie's list is revolutionizing local service again. visit angieslist.com today. in the nation, the safest feature in your car is you. add vanishing deductible from nationwide insurance and get $100 off for every year of safe driving. which for you, shouldn't be a problem. just another way we put members first, because we don't have shareholders. join the nation. nationwide is on your side.

the fatal shooting of michael brown is putting the use of deadly force by police in the national spotlight. today a new video from a separate and unrelated shooting in the st. louis area is raising more question s. the st. louis police released this cell phone video from two days ago. they were called to the scene after a 25-year-old man allegedly stole two energy drinks and a donut are from a convenience store. they say he threatened them with a knife, causing them to open fire and kill him. it's graphic. so msnbc has decided to freeze the video just before the man is shot. i should note we enlarged the

video to give viewers a more clear picture. >> within 21 feet a subject can close the distance before an officer has time to respond. this individual is clearly within 21 feet of the officers, clearly moving toward the officers in an aggressive manner after erratic behavior. >> the st. louis city police chief said right after that, 12 shots were fired. he was dead. but the police appeared to be following protocol. the chief -- the chief talked about that. but today many are questioning if their training needs to change. joining me now are mark claxton from the black alliance and former police officer and prosecutor and legal analyst paul henderson. thank you for being here. >> thank you.

>> thank you, rev. >> mark, police seem to be following protocol here. what's your reaction to the video? >> it's very disturbing, the video itself. it really has impact on anyone who see it is complete video. and see it is numbs the number . you can see some options perhaps the police officers have. too often police officers escalate to the highest form of force, using deadly physical force when there are many nonlethal tactics that could be used as well as other alternatives. training is vitally important in police agencies. >> paul, there's been a lot of opinion columns written today about the new video. here's one from vanity fair. "few would argue that the latter detail that powell was carrying a knife might justify some use of police force, but the officers in the video appear

wholly uninterested in taking powell down, disarming or taking him into custody. generally speaking, does there need to be a shift in emphasis on how police are trained many in the use of deadly force, paul? >> well, it's difficult to assess all of that just from the video. because there are so many things going on in addition to the fact that he may have stolen something that was incidental. it's been reported that the cops received information that he did have a deadly weapon on him. and so, you know, typically when they use deadly force, the standard is if there is imminent danger of significant injury or death either to the officers themselves or someone else, the deadly force is justified and their training is to respond and react and obviously you heard the comments earlier when they were talking about the zone being within 21 feet, the thing

to keep in mind is that when you have a weapon and a knife or something that can be thrown across a distance, that's something that's factored into, too. let me tell you, it's always a are very dangerous thing when you have someone either with a mental illness, or someone who is inebriated or under the influence that has a weapon with police officers involved. that's a problem. >> there was the contention that the person here, mr. powell, was mentally challenged. let me run the tape again. i want you to look at exactly what happened. at first, police said powell had the knife raised up. but later acknowledged that wasn't accurate. so watch the rest of this. >> drop the knife.

>> oh, [ bleep ]. >> drop the knife. >> oh [ bleep ]. >> now the fact that it was caught on camera helped to clarify what happened. does this speak to the need for things like body cameras on officers, mark? >> all of that would be helpful, rev. additional training and even tactical training in a case such as that where you are talking about -- officers are trained across the nation about covering concealment, increasing your zone when a person encroaches upon it. use are of nonlethal weapon and the more progressive agencies incorporate some psychological training. if you are on the scene and confronted with a person who is obviously psychologically unstable, there are tactics and things you should do and things you shouldn't do to avoid exacerbating the situation that could then lead to a lethal encounter. often times what we have seen is

that police officers, many times, not necessarily in this case, but many times create the environment for a fatal encounter with them. that's what training comes into play. that's where sensitivity comes into play. this is a professional stand. police officers across the nation are professionals. with it has to be professional training and standards. >> the key is training, standards and accountability. >> absolutely. >> paul, let me show you this. a police officer pointed a semi-automatic rifle at a protester and threatened to kill him. take a look at this. >> my hands are up. >> hands up. >> [ bleep ] raise. >> hands up. >> i will [ bleep ] kill you. get back. >> did he just threaten to kill him? >> get back. >> what's your name, sir? >> [ bleep ]. now this is the other night

during the protest. tense situation, several days of violence. here is an officer holding a semi-automatic weapon at a protester. now contrary to what people think, i don't jump in every situation. some i think is gray area, i stay out. when you look at something as blatant as that and there is no accountability or do you have to force accountability, that's what bothers and troubles people. >> i agree. he has been suspended, for the record. >> he has been suspended. what you see there is a peaceful protest. you see people that are unarmed, standing there with a weapon being pointed directly at their faces. >> that could go off. >> that's a huge problem in a situation that's tense, uncertain, rapidly evolving. so these are the kinds of thing that is the community is very frustrated aboutme.

it's only exacerbated by the fact they don't see face that is look like theirs on the other side of the law enforcement angle that is supposed to be protecting them. >> also, rev -- >> go ahead. jump in. >> i'm sorry. i didn't mean to interrupt are y -- you. on the accountability what's interesting about that particular interaction is the police officer was suspended, not for pointing the weapon at the civilians, but for the language. based on the statements by the police agency. he wasn't even suspended for the most egregious and dangerous act. that's what i'm talking about. often times police officers -- >> that's the point, marq and paul, i have been trying to make. i'm not anti-police. >> never been. >> i don't think anyone should minimize the danger they have engaging their lives every day, every night. but you've got to protect citizens and good police for

people to go over the line. otherwise we will never bring this tension down to where we have a society solving problems. that's something that i'm willing to take flak for. marq claxton and paul henderson, thank you. >> thank you. >> thank you, rev. ahead, a new eyewitness comes forward in the michael brown case. he's raising new questions about the investigation. later, this man was allegedly beaten by ferguson police. so why was he charged for bleeding on their uniforms? his attorney joins us ahead. stay with us. vo: this is the summer.

the summer that summers from here on will be compared to. so get out there, and get the best price guaranteed. find it for less and we'll match it

and give you $50 toward your next trip. expedia. find yours. if energy could come from anything?. or if power could go anywhere? or if light could seek out the dark? what would happen if that happens? anything. having a perfectly nice day, when out of nowhere a pick-up truck slams into your brand new car. one second it wasn't there and the next second... boom! you've had your first accident. now you have to make your first claim. so you talk to your insurance company and... boom! you're blindsided for a second time. they won't give you enough money to replace your brand new car. don't those people know you're already shaken up?

liberty mutual's new car replacement will pay for the entire value of your car plus depreciation. call and for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. switch to liberty mutual insurance and you could save up to $423 dollars. call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance. despite over a week of confusion and turbulence in ferguson, every day we are seeing some acts of kindness. people coming together to support their community and set an example for their children. early this morning, captain ron

johnson told the story of three highway patrol officers who found a way to pitch if in. >> today on elson drive, much of the conflict, there were three missouri state troopers who noticed a basketball hoop without a net. there was no basketball. the troopers wanted to do something for the kids in the neighborhood. they used their own money to buy a net and basketball. as they installed the net, some neighbor children came out of their homes and asked what the troopers were doing. they told the kids they wanted them to have a net and a basketball. as those troopers drove off, the children were playing basketball. that's the true meaning of community policing. >> that story stands in contrast to some of the images we saw a week ago. i applaud the officers behind this generous act. i hope those kids get out and play.

in another part of town since schools still haven't opened. the st. louis rams invited three ferguson-area high schools to use their practice facilities this week with. rams' head coach jeff fischer talked about what it meant to the team. >> we are fortunate that we could provide an opportunity for these young high school athletes to get away, i imagine they were trying to get ready for games this week practicing in the park, not at their high school facilities. high school football is -- there is no better game than high school football. we didn't want them to be denied this opportunity. >> the students got to watch practice and spend time with the rams players. they even got a chance to join in an authentic nfl huddle. >> ferguson on three. one, two, three. >> ferguson! >> let's go!

>> good luck tomorrow, boys. we'll be rooting for you.

you know what i love america? fine barbecue, good times and zero heartburn. ♪ and that's why i take prilosec otc each morning for my frequent heartburn. because it gives me... zero heartburn! prilosec otc. the number 1 doctor-recommended frequent heartburn medicine for 9 straight years. >>you can't beat zero heartburn. prilosec otc. one pill each morning. 24 hours. zero heartburn. and cialis for daily use helps you be ready anytime the moment is right. cialis is also the only daily ed tablet approved to treat symptoms of bph, like needing to go frequently. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision,

or any allergic reactions like rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a free 30-tablet trial. ask your doctor about cialis for daily use you owned your car for four you named it brad. you loved brad. and then you totaled him. you two had been through everything together. two boyfriends. three jobs. you're like "nothing can replace brad!" then liberty mutual calls. and you break into your happy dance. if you sign up for better car replacement, we'll pay for a car that's a model year newer with 15,000 fewer miles than your old one. see car insurance in a whole new light. liberty mutual insurance.

now we go inside the investigation. the grand jury has started reviewing evidence surrounding the shooting of michael brown. today another eyewitness is coming forward. michael t. brady said he saw officer wilson open fire on michael brown from his window. >> by the time i get outside, he's already turned around, facing the officer. he's balled up -- he had his arms under his stomach. he was like halfway down like he was going down. the officer lets out about three or four shots at him. he went down. he was already like this. he took one or two steps going towards the officer. he let go about three or four more shots at him. >> did you see him returning toward the officer in any way.

>> not after he was running away. no. not at all. >> that account closely mirrors what three other witnesses said they saw. so what will a grand jury do with all of this evidence and where is the investigation going? joining me now are attorney and radio host midwin charles and criminal defense attorney and legal analyst seema ire. thanks for being here. >> thanks, rev. >> seema, with the evidence we know so far, is there probable cause for an arrest? >> of course there is, rev. let me tell you this. if i was to -- god forbid -- shoot midwin i would have been arrested right away. even if i had wounds to crab rate self-defense i would have to go into the grand jury and give my story. that would be the first opportunity for a dismissal. i would be arrested, put through the system. >> so if people are clear, you

do not need an indictment for arrest. you can be arrested and later indicted. >> happens all the time. happens all the time. >> that's what's supposed to happen. >> why hasn't there been an arrest? >> that's the question. that's why people are marching in the streets of ferguson, missouri, for ten days. it is just unusual. what's happening here is we are starting to see a different set of rules when it comes to criminal law and criminal procedure when it comes to police officers versus regular citizens. that's a dangerous path to go through. >> yeah. >> there are no separate criminal laws for police officers. no separate criminal procedure for police officers. if any human being kills another, it's considered a crime. that person should be arrested. >> even if you had injuries, the police chief has said this officer had minor injuries. >> right. >> others say more. >> right. >> yet we have not been able to

verify to what degree. does that change the story are from a legal point of view? >> it corroborates a possible self-defense claim by the officer. but again my point is if he was a civilian he would still be put through the system. because he's a law officer and he has that qualified immunity. he has that protection. >> but with self-defense does he need a life extenuating circumstance for self-defense or just they were in a scuffle? >> the way it works with self-defense is you have a fear that you are about to be killed or you are about to be injured. it has to be a reasonable fear. >> yeah. >> right? reasonable is how reasonable is your fear after bullet one? after bull debt let two, after bullet three, four, five? >> let's watch what the witness said. listen to michael brady describe what he saw.

>> when i heard the altercation, i looks out the window and i see somebody at ferguson police window. some kind of tussle going on here. >> you saw somebody at the window of the police car. >> yes. >> the police officer was in the vehicle. >> yeah, inside the vehicle. there was some kind of tussle going on. exactly at the window, may have looked like he was trying the to get away. >> you couldn't tell exactly. >> i seen some kind of tussle going through the window. >> asumming the witness is accurate, he saw a tussle going on. he said maybe the guy assumed is michael brown trying to get away. he would have to establish then that the threat -- since you brought up self-defense -- was real even after the first shot and he got out of the car and went down the block. each shot. >> that's a good point. going back to what midwin said,

it's the time period. that immediate threat of death or great bodily harm has to be prolonged. okay? you have the to keep the threat going after the first shot, the second, the third. if you collapse that period of time and you don't have the threat, you don't have self-defense. >> now dorian johnson also says things that jibe with brady's story. he claimed officer wilson stuck his arm out the window and grabbed michael brown by the throat. michael brown tried to break away. this is dorian who was with him. tiffany mitchell said she saw the officer trying to pull michael brown into thor car, but michael brown was pushing, trying to get away from him. all the stories seem to match up. how will this influence the grand jury? >> i think the grand jury will be looking at all of the statements, but they will also be looking at forensic evidence. they will look at the autopsy.

they're going to be looking at, hopefully, information from the car. the car is a very, very critical piece of information in terms of whether or not, in fact, a bullet went off. are there fibers in the ground. michael brown, any dna on the car. they will look at everything from the totality. >> also looking for dna on the gun. >> right. but as a prosecutor, they have wide latitude in terms of what they present before the grand jury. >> or not present. >> exactly. >> or not present. >> part of the tension with mcculloch. >> right. they don't have to present exculpatory evidence that can make it look good for the police officer or not. he has very wide latitude. it's called are prosecutorial discretion. >> in terms of autopsy, we know there are two autopsies in addition to the autopsy performed by the family. is it likely to be any conflicting information in the autopsies? >> of course there are.

already when i read the different reports there are going to be conflicting because there are six bullet wounds to the body. so it's possible that each of the pathologists are going to have a different opinion looking at the forensic evidence, are where the body was placed, where everybody was positioned as to what caused the wound. it's important because some people are saying now that if the first four shots were to michael brown's arm, that corroborate that is the police officer didn't intend to kill but intended to stop michael brown. he wasn't trying to kill him. he was trying to injure him because michael brown was running away. >> but if he was trying to injure him or kill him, we still are have to deal with the fact he's using deadly force, mid win. and whether he was still fearing that he was in imminent danger of bodily harm or death at the point of every shot. is that right? >> that's right.

the fear has to be reasonable. it can't be random. so i think -- i mean, if all of us run the facts through our heads, it seems unlikely that after three bullets -- one bullet, two, three or four -- that michael brown would continue to go after this police officer who is armed, who was trained, who was ten years older than him. it are just doesn't make sense. >> when we hear this about -- two-part question and i have to go. that he was injured, hurt. >> right. >> but does that have bearing on how hurt he was that he could walk down the block shooting? >> with zimmerman, he wasn't that injured and everybody believed. >> that was one shot. >> that's true. right. that's a good point. >> the other point is with all the voices out there we understand the fbi interviewed 200 people. >> right. >> how do you go through all of the evidence, all the witnesses? how do you make -- >> the prosecutor interviews all of them. my opinion is the more

witnesses, the more inconsistencies. >> that's what we love as defense attorneys. the more the better for the defense. >> midwin charles and seema iye r, thank you for your time. >> thanks, rev. five years ago ferguson police officers allegedly beat a man, then charged him for bleeding on their uniforms. the man's attorney joins us next. and we'll all need a smile this week. thank you, mone davis. the 13-year-old little league star is inspiring a nation. ♪ [ male announcer ] when you see everyone in america almost every day, you notice a few things. like the fact that you're pretty attached to these. ok, really attached. and that's alright. because we'll text you when your package is on the way. we're even expanding sunday package delivery. yes, sunday.

at the u.s. postal service, our priority is...was... and always will be...you. our priority is...was... moderate to severe is tough, but i've managed. i got to be pretty good at managing my symptoms, except that managing my symptoms was all i was doing. when i finally told my doctor, he said my crohn's was not under control. he said humira is for adults like me who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. and that in clinical studies, the majority of patients on humira saw significant symptom relief. and many achieved remission. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb.

tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. if you're still just managing your symptoms, ask your gastroenterologist about humira. with humira, remission is possible. surrender to the power of accomodation grooveland ♪ booking.com booking.yeah! my motheit's delicious. toffee in the world. so now we've turned her toffee into a business. my goal was to take an idea and make it happen. i'm janet long and i formed my toffee company through legalzoom. i never really thought i would make money doing what i love. we created legalzoom to help people start their business and launch their dreams. go to legalzoom.com today

and make your business dream a reality. at legalzoom.com we put the law on your side. ♪ ♪ [ male announcer ] during the cadillac summer's best event, lease this all-new 2014 cts for around $459 a month or purchase with 0% apr. hurry in -- this exceptional offer ends soon.

attorney general eric holder is reportedly weighing whether to open broaderer civil rights investigations into the ferguson police department. one of the cases the justice department is looking into happened in 2009. the ferguson police left an innocent man beaten, suffering from a concussion with the ludicrous charge for bleeding on police uniforms. on the night of september 20, 2009, police officers in ferguson arrested a man named henry davis, suspecting him of driving under the influence. they took him to jail where the four officers allegedly beat

him. one of the officers, kim tihan, allegedly struck him in his head with a closed fist and hit him in the head with handcuffs. davis testified, quote, they started hitting me. i was getting hit. and i just covered up. davis insisted he be photographed to document the beating. a warning, the photo is graphic. davis said another officer ki kicked him in the head at which point he suffered a concussion and almost passed out. davis had been arrested for an outstanding warrant, but the police had the wrong suspect, one with a different middle name and social security number. davis was held several days before being charged with four counts of property damage for bleeding on the police officers' uniforms. he filed a civil suit.

in december, the claim was thrown out. his lawyer is appealing the ruling. joining me now is henry davis's lawyer. james shuttle is preparing an appeal on his behalf. thank you for being here. >> no problem. thank you for having me, al. >> his first civil suit was thrown out. what do you think mr. davis's chances are of winning the appeal? >> the rulings by judge baker, we felt the judge completely erred, particularly on the excessive force claim. she held that mr. davis's injuries were diminimus or minor. there is no ruling whether a concussion is a minor injury. we feel it is not a minor injury. and that the case should not have been dismissed on that count. mr. davis testified that he had

a concussion from being beat in the head and kicked this the head. to this day he suffers headaches from that injury. >> attorney, concussion or not, what about the ludicrous notion of beating a man who was the wrong man and you charge him with bleeding on your uniforms while you were beating him? what about the fact they shouldn't have been beating him at all? concussion notwithstanding, what about that? >> well, we agree. you know, in the civil rights cases they are very difficult. you have to overcome the hurdle of what's called qualified immunity where officers, you know, can use force on people yet they are entitled to qualified immunity. it's a long line of legal cases. >> let me get this right. an officer has the legal right to assault me, beat me, charge me with bleeding on them from a

beating they gave me and as long as i don't rise to a certain level of hurt like a concussion, there is nothing i can do about it. >> that's true, based upon this case of chambers is what it's called. if the injuries are minor, an officer can be entitled to qualified immunity. now those charges and them being false that we alleged, and actually had significant evidence that they were false, that's a separate issue. that's a due process violation where the law is clear that an officer, if he creates false evidence or makes false statements to create the charges against someone and that person either pleads guilty or is found guilty that that's a due process right to a fair criminal proceeding. that count is also on appeal. >> how do they explain the blootd on the uniform? how do they explain how he was

bloodied? >> actually, a couple of the officers in their sworn deposition testimony said they didn't have blood on their uniforms that night. we don't even think the accusation of the blood on the uniform is true. >> wait a minute. they charged him with blood on the uniform as the property daniel. but they said they didn't have the blood they charged him about. >> that's correct. that was their deposition testimony presented. >> how do you explain that? >> that's a good question. they had no explanation even at trial. you know, we were shocked that even halfway through the trial the judge said the actions of the officer didn't shock the conscien conscience. i think that's a shocking thing to have an officer tack on or pile on charges based upon false statements. >> were they charged with perjury? >> they were not.

i think they should be investigated for it. >> i'm running out of time, but i want the viewers to know one of the former officers kim tihan who hit mr. davis with handcuffs has been -- allegedly hit him, i should say -- has been elected to the ferguson city council and is now serving a three-year term as one of the five whites on the city council in ferguson. does that make your job more difficult to prove the case that you're dealing with a city council member? >> no. it really doesn't have any bearing on our case. what's going to be looked at in our case, and i just learned officer kim tihan was on the city council. i had no idea. what will be looked as is the events on september 20, 2009, and how that police department was operating because we also did sue the city of ferguson

with respect to how they were reporting use of force reports, how they were keeping track of civil rights complaints. and that issue is also on appeal before the 8th circuit. >> please keep us informed on how this proceeds. i can see why this should catch the justice department's interest because it certainly caught mine. thank you for your time tonight. please keep us posted. >> will do. thank you, al. >> coming up, the story that's made the country smile. that 13-year-old pitching phenom, the phenomenal mone davis. two pills. afternoon arrives and feeling good, but her knee pain returns... that's two more pills. the evening's event brings laughter, joy, and more pain... when jamie says... what's that like six pills today? yeah... i can take 2 aleve for all day relief. really, and... and that's it.

this is kathleen... for my arthritis pain, i now choose aleve. get all day arthritis pain relief with an easy-open cap.

far away from ferguson, missouri, is a 13-year-old girl who has inspired the nation by playing america's past time. she's little leaguerer mone davis, playing for philadelphia. the best itch pitcher on the team she's already thrown a shut out in the little league world series. last night the team took on nevada with 34,000 fans in the stands. many lining up nine hours before she took the mound just to get tickets. it was the highest rated little league telecast ever on espn. mone's team fell short but that hasn't stopped the buzz.

this week she was the first little leaguer ever on the national sports illustrated cover. professional athletes are taking notice, too. nba superstar kevin durant tweeted this youngster is striking everybody out and she's a girl. i love it. # it's a new day. major league baseball all star mike trout tweeted mone davis is straight dominating. fun to watch. a baseball reportedly signed by mone popped up on ebay late last week and has sold for just over $500 yesterday. most remarkable about this 13-year-old, with all the recent fame she still handled herself with poise. >> i never thought that at the age of 13 i would be a role model. but now it's real.

so always wanted to be a basketball role model. but being a baseball role model is are really cool. hopefully more girls will play little league. >> her philadelphia team plays tonight in an elimination game against chicago's jackie robinson team. good luck. vo: this is the summer.

the summer that summers from here on will be compared to. so get out there, and get the best price guaranteed. find it for less and we'll match it and give you $50 toward your next trip. expedia. find yours.

yeah? then how'd i get this... [ voice of dennis ] ...safe driving bonus check? every six months without an accident, allstate sends a check. silence. are you in good hands? as we approach the end of the week we can be thankful there is much more quiet in ferguson, missouri. calmer heads are prevailing. monday is the funeral for michael brown. his family asked me to come to ferguson after his death and i will deliver his eulogy. in this case and the other high profile cases now like the choke hold case in staten island, we are not prejudging the process. we just want a fair and impartial investigation. maybe not surprisingly, that has caused hysteria from some

quarters. one guy has an issue with my point that when it comes to police overreach, enough is enough. what's the guy's point? there should be more over-the-line policing? we need to keep cussed. most of the noise is just that -- an intemperate response from those who don't want change to occur. we cannot be deterred in the cause of justice. thanks for watching. i'm al sharpton. "hardball" starts now. bad guys. let's play "hardball." good evening. i'm chris matthews in washington. let me start with the latest danger from are the islamic terrorists. the readiness of thousands born and raised in the west to join their jihadist