. >>> attorney and legal analyst areva martin is in los angeles tonight. reva why did the supreme court take this case? >> just a few months ago the decision to stay a case takes five votes while the decision to stay a case pending review only takes four. while there's hope that the supreme court will act different than in the past it still needs five votes to really move and change the way oklahoma administers the death penalty. >> what's at issue the way the drugs are used or the way the drugs are used? >> in this case, oklahoma presents something interesting facts. there was a claim he suffered greatly during the execution. oklahoma uses a three drug cocktail. the first is to is he see sedate the person the second is to paralyze him. doesn't sufficiently prevent the pertinent from feeling pain and therefore the execution process is cruel and unusual punishment in violation of the constitution. this is a weird way to look at executions. >> isn't there some sort of -- couldn't there be some part of rule cruel and unusual in all forms of execution? >> absol

areva martin great to see you. thank you very much. >> thanks john. >> newly released video shows how a traffic stop in new jersey ended with a passenger shot and killed by press. >> the video was taken from a police car dashboard camera. showing jeremy reid stepping out of the car with hands up. within seconds, police opened fire. one of the officers said he saw a gun, and a weapon was recovered. both officers have been placed on administrative leave pending an investigation. >>> president obama arrived in kansas. his latest stop on a tour to promote his economic plan one laid out at the state unfortunate union. turning those proposals into reality may be a tough taftenght taftenght -- tough tausk. >> reporter: president obama on the road. many dismiss it his agenda as a pipe dream. >> for six years we rebuild the economy on a new foundation. thanks to your hard work and resilience, america is coming back. >> president obama seemed self-assured and defiant as he talked about turning the pages on bad economy. >> we

we are joined by a legal analyst and attorney areva martin in los angeles. hello. >> hi. >> thanks for being with us. how likely is it that our generalists will be released in the days ahead. >> we are getting mixed messages. we are hearing on one hand that the newly elected president is going to issue a pardon then we are hag that he has to -- hearing that he has to allow the legal process to stay out. the judges will not look at the facts or evidence, they'll look at the procedure. the arrest the conviction, and the prison terms given to the journalists. there's concern about what the panel of judges will do with respect to the journalists. >> given what we know about the trial, the evidence presented - i mean there was footage shown not taken by our journalists - really what by our standards would be considered practically farcical. will this be a rubber-stamp will the appeals court rule differently? >> there's a couple of options. definitely the charges can be thrown out and the journalist set free. the judges can determine a new trial should be granted

. >> let's talk about this case with attorney areva martin. thank you for joining us. >> thank you jonathan. first of all it's a mass murder and the defendant is still alive. in most mass murder shootings the defendant is killed by police or law enforcement or they take their own lives. now we have a young man who is actually going on trial has to face his victims and answer for the killing of 12 people and as you say the wounding of over 70 people. >> that young man james holmes has complete not guilty by reason of insanity. how strong a case does he have? >> i think it will be a unique challenge for him. colorado has a strange law that requires the prosecuting attorney to prove he was sane. we are talking about legal insanity. the definition of whether he knows right from wrong or whether he was impaired by reason of mental defect. was he legallily sane is going to be the question. >> reporter: how do prosecutors prove that, when a person commits these crimes for apparently no reason. clearly people will say he was insane. >> a clinical defi

. >> thank you, areva martin joins us. what are the target of these seizures? >> the police actually targeted those individuals more so than they did other citizens. and activists have been fighting for years to get the justice department to do something about these civil asset seizures, approximates eric holder as part of his legacy building took a very bold step in ending state and local police departments' dpens dependencepolice departments'dependence on these seizures. >> war on drugs. >> absolutely, profit out of crime so they targeted drug king pins and drug cartels and they took pack the assets, you know, the fruits of the ill-gotten gains, so cars and boats and airplanes were seized and eventually it was expanded to include cash. but local law enforcement agencies started using this asset seizure as a way to fund their local police departments and it incentivized them to stop people to do warrantless searches and to seize large amounts of cash. >> so if law enforcement -- if police departments can't keep the money? does it go? >> under the state law thi

go ahead, areva martin. >> i just wanted to add that you can't separate the cases from the overall issue >> thank you. rom the larger issue of the disparities in a criminal justice system. thanks, anderson. >> all right. areva, thanks, to neil as well. >>> ahead tonight on this broadcast, millions watch the patriots with the colts. was the patriots cheating every time they caught the ball? and cost poker players $10,000. police accused the money from tournaments and it was perfectly legal. we investigate ahead. and now, i'm back! aleve. two pills. all day strong, all day long. and now introducing aleve pm for a better am. the lightest or nothing. the smartest or nothing. the quietest or nothing. the sleekest... ...sexiest ...baddest ...safest, ...tightest, ...quickest... ...harshest... ...or nothing. at mercedes-benz, we do things one way or we don't do them at all. introducing the all-new c-class. see your authorized mercedes-benz dealer for exceptional offers through mercedes-benz financial services. ♪ music ♪ ...the getaway vehicle! for all the confidence you need. td ameritrade. you