this occurred with anthony baez several years ago. and from that point forward, chokeholds are illegal. and that was a chokehold. and something else that disturbs me and may come into play when talking about these other allegations that exist, is the lack of supervision. the lack of punishment. there's no penalty effective and quick penalty for when officers are committing offenses against civilians. that's problematic. you can't move forward without there being a penalty. has to be a carrot and then the stuck. someone has to be willing to use that stick. >> i'm out of time, but we talked there needs to be more transparency. all the officers were given immunity but pantaleo. >> we still don't know the raeb reason for that. >> that's unusual. >> all those officers stood by and some of them actually participated and the rest of them stood by. his supervisor was there. yrp they given immunity? especially now that this officer wasn't indicted with this evidence. >> i feel the system is broken. we need to fix it. faith jenkins, dr. lawrenc

anthony baez died after a police chokehold in 1994. here's part of a "today" show profile on that story from 1995. that ran on the "today" show. >> as tony and his brothers tossed the ball, two police cars pulled up with four officers inside. when the ball hit one of the cars, the baez brothers say they apologized, moved up the street and continued to play. >> they waved it off as to say, they accept our apology. >> the trouble began when the ball bounced off a police car again. at that point, the officer got out and confronted him. >> he went over to my you thing brother and said you're under arrest. anthony was telling him, he knows his rights. he said, i know what you're doing is wrong. and the officer, he grabbed tony -- >> henry, demonstrate for me what you saw the officer do to your brother. what i saw him do on the opposite side, i was on the sidewalk. i saw the officer come around and bring him back like this, taking him down. >> tony eventually was taken to the hospital. the city's medical examiner ruled his death a homicide,

. >> inmate baez assaulted king who was sitting at one table. we believe he was associating himself with the bloods. had his back sitting at another table. inmate baez removed the shank from his pocket, turned around, and stabbed inmate braith wait in the back. >> did we recover the weapon? >> yes, we did. it was a shoe support from a work boot that was sharpened. it went in three-quarters of an inch. at which time he removed the weapon from his back and stabbed inmate baez. >> so both inmates received puncture wounds? >> yes, sir. >> to combat such jail attacks corrections officials often prosecute the offenders with new charges in addition to the ones that landed them in jail. >> carlos baez, we're placing you under arrest for assault. put your hands behind your back. >> when he was put in the holding cell we were absolutely amazed that he actually confessed to us. >> i stabbed one of the bloods in the back. >> we were shocked that he would admit to us, on camera, that he actually stabbed another prisoner. >> and when he felt it he pulled it o

a young man named anthony baez. he was killed in the bronx by a police officer who choked him after a football he was playing with bounced off the officer's patrol car. in that case, a grand jury did decide that the officer should be put on trial for killing anthony baez by choking him to death. but at trial that officer was acquitted. then that same officer was brought up on charges again in federal court. and in federal court the officer was convicted and sentenced to seven years in prison. that's the last time a new york police officer was charged for choking someone. in the garner case, the police officer who put eric garner in a choke hold before he died is till on the police force. while the grand jury was investigating this case he was on desk duty and not carrying his gun. it's still to be seen if they'll keep him on the force or if he'll be disciplined in any way now that we know that local charges will be brought against that officer. it's unclear whether or not federal charges might be brought in this cas

una madre hispana dice que viviÓ en carne propia la tragedia, de la familia de eric gardner iris bÁezn se identifica en estos momentos con la familia de eric gardner es esta madre hispana, iris bÁez que encuentra varias similitudes de la forma como un policÍa matÓ a su hijo anthony hace 20 aÑos, recuerda que en 1080 94,3 dÍas antes de la navidad, la familia estaba reunida y sus hijos jugaban fÚtbol afuera de su vivienda en una calle de nueva york. el juegola pelota pegÓ contra el patrullero de el policÍa, el policía iracundo se le fue encima, le puso su brazo alrededor del cuello, hasta que lo asfixiÓ homo en el caso de eric gardner de nada valieron las sÚplicas del el padreal policÍa, le advirtiÓ que sufrÍa de asma pero no le importÓ ella dice que jamÁs perdonará al oficial. >> yo no puedo perdonarlo. >> anthony cayÓ inconciente con la cara contra el piso, los policÍas le pusieron las rodillas en la espalda y lo esposaron, estuvo tirado en el pavimento durante 15 minutos, nunca volviÓ a recobrar el sentido como sucediÓ en el caso de gardner. >> si Él sabÍa, que tenía asma como le vas

in the anthony baez case, the officer was found not guilty at trial.er that acquittal, the officer was then charged in federal court by federal prosecutors. and in the federal case, the officer was convicted and sentenced to seven years behind bars. now, in the eric garner case, nobody knows if federal charges will ultimately be brought against the officer in the eric garner case. but the federal prosecutor with jurisdiction for where this happened remarkably is this prosecutor. loretta lynch who has just been nominated by president obama to become the next attorney general of the united states. how does that factor into this decision? joining us, mr. butler, thank you for being with us. now that we've learned that they have launch ad formal investigation, what are they looking for? what do they need to find to make a decision to bring federal charges? >> the standard is whether the police officer willfully and purposefully violated mr. garner's rights under collar of state law. that's fangsy legal language. what it usually means is that the police had

tell me about these pictures. >> this is my son anthony baez. he was murderby officer lebote.nd this was nicholas takewell junior who was killed playing in the stairwell of the projects. today, there's no justice. we're talking about 20 years back. >> new york killed by police in cold blood. dating back 20 years you're telling me. >> yes. this man he had six children and he was in a restaurant cooking and then he heard a noise and he came out with a knife in his hand and they shot him. >> it's multiracial, tell me iris what happened to your sob. >> my son was playing in the front yard with a football. the football touched the patrol car. >> how old was your son? >> he was 29. it was a football, they setback so they wouldn't hit the patrol car. at the time that lavote got out and put my son in a choke hold he was being monitored by his sergeant. that lavote was not supposed to have any contact with the community. >> really, really? >> he had 15 prior complaints he abused the community yet he was allowed to continue. >> so there was plenty of information on the record about this

now the debit of eric garner is bringing back some painful memories for iris baez. officer fran levote was indicted but a judge acquitted him of the crime. earlier i spoke to iris baez about her reaction to the grand jury decision in the eric garner case. >> i wasn't surprised i knew it was going to happen. >> why? >> because the d.a. in that town everybody in that city has an uncle or father or brother who was a police officer. >> because they work together? >> they work together. i'm not asking for an independent prosecutor but not that has any ties with the police. he needs to be independent. >> maybe in the city, maybe in the state anywhere. >> anywhere. >> right right right, mayor deblasio says more training for cops are coming. do you have faith in mayor deblasio being able to carry this out? >> 20 years ago, pataki told us that the officers were going to get training, 20 years ago. there's going to be a major change, and even the d.a. said, heads are going to roll, whose head is going to roll? i'm still waiting for heads to roll. it has to be within. within t

felix baez spent 16 days in a hospital where he received experimental treatment.is free of the virus. he was one of 256 cuban doctors and nurses who traveled to west africa to help contain the outbreak people living in the capitol of the maldives will have to go without running water for at least another week. the city was only deal salination plants is being repaired after it was damaged by fire t nicole johnson reports from male. >> water has become the most precious commodity of all in male. it's the one thing everyone is talking about, how to get it, where to buy it, and the big question: when will it be available again? the army and police are handing out free bottles. three liters a day for everyone. >> we don't get enough water. we have to drive everywhere to collect it, and it's very difficult to carry. i live on the fourth floor. it's heavy to take up. we are living in very difficult times. >> every everyoafternoon long l form. some distribution points are open all day. the city needs 13,000 tongs of water every day, and it now has less than 10% of that.

. >> glide memorial church has the holiday gram back with giants including joan baez and charities include mo's kitchen which serves more than a million meals each year. leyla gulen for abc7 news. >>> still ahead, christmas is canceled for one family. >> mom and dad say santa will not be coming this year and the holiday lesson they hope the kids will it's about getting to the finish line. in life, it's how you get there that matters most. like when i found out i had a blood clot in my leg. my doctor said that it could travel to my lungs and become an even bigger problem. so he talked to me about xarelto®. >>xarelto® is the first oral prescription blood thinner proven to treat and help prevent dvt and pe that doesn't require regular blood monitoring or changes to your diet. for a prior dvt i took warfarin, which required routine blood testing and dietary restrictions. not this time. while i was taking xarelto®, i still had to stop racing, but i didn't have to deal with that blood monitoring routine. >>don't stop taking xarelto®, rivaroxaban, unless your doctor tells you to. while taking xar

. >> well, i mean, here's the difficulty: people have known since anthony baez, certainly if not before then, the plain logical deduction that if you cut off someone's air supply it tends to culminate in a fatality, or at least this is a possibility. so instead of this being a simple mistake, there were four or five officers atop mr. garner, and, so, what exactly would qualify? i was wondering if we could be clear about the parameters, what exactly is law enforcement not allowed to do? >> ifill: so does the training speak to that. >> i'm not sure the training does. if people were retrained and this maneuver was already banned but they don't follow the training and there's no consequences for failure to follow the training we've accomplished nothing. >> ifill: let me ask candace mccoy to weigh in on that. >> yes. let's remember that there was a medical examiner report here, and the medical examiner of the city of new york took very careful note of what had happened. there are two parts of that report and they seem to be forgetting the second part. the first was that there had been pressu

deep down what we really care about, what creates true happiness is that we are respected and honored baez those around us and we honor that truly and honestly. it is a very deep fought when you apply it to yourself and other people as well. you start to see how a lot of times the way we interact with people, influenced by that very natural human desire to be honored, respected, loved and praised. we also want to be lovely. if everyone said in a the chair the chair would not be there. is selfish and wrong to sit in the chair. no one will see me, i will get away with that. it is the wrong thing to do. if i want to be lovely, it is not just what other people see me do. if i want to be loved, be truly a good person, i have a desire even when no one was watching, i am watching and i know whether i was honorable or not so i didn't sit in that chair and if i did i wouldn't tell you because i want to be loved, right? i wish i had the video tape but i didn't sit in the chair. what smith is saying about being loved and lovely, he is trying to give us the origins of our conscience. he said something

felix baez spent 16 days in a hospital where he received experimental treatment.e was 1 of 256 cuban doctors and nurses who traveled to west africa to help contain the outbreak. the maldives said it will need $20 million to repair the desalination plant was a it wasdroid by a fire. it's the company's only facility with providing homes with running fresh water. now that it's out of action, people are relying on raut water flown in from overseas. >> it has become the most precious commodity at all in male. it's what everyone is talking about, how to get it, where to buy it, and the big question: when will it be available again office the army and police are handing out free bottles. three liters a day for everyone. >> we don't get enough water. we have to drive everywhere to collect it. and it's very difficult to carry. i live on the fourth floor. it's heavy to take up. we are living in very difficult times. >> every afternoon, long lines form. some distrib bucs points are now open all day. still, the city needs 13 ,000 tons of water every day. it now has less than

let me quote patricking a baez.he said if we can't stand up to the punks and thehud hood lumz giving the protest a bad name, not ready to stand up to the police, you throw a rock, hide behind a peaceful crowd crowd, you are a. >> this is a lot with respect. there is a good black person and that black person. all black lives matter no matter what kind of person you are. black people are affidavit by violence in different ways. this is not about like the good black person or bad black person. this is about how black people are perceived. not just all black pete matter but all people matter. >> no. not all people -- yes, all people matter. in the light of the system, black folks are more discriminatory, persecuted, har, profiled, terrorized by the states than other people. every 28 hours, a black person is killed by a police officer, is self-appointed vigilante or security guard. they are employees of the state. >> is state sanctioned violence being person pet waited odd black people every single day. >> i saw somebody

we've seen it in the case of anthony baez about 20 years ago as well where the department of justicentervene. find out his civil rights have been violated and that officer went to jail. there have been opportunities where the department of justice has intervened. that has resulted in justice for the victims. and i really, my heart goes out to the family. the garner family is one that we all suffer. and that family does not have him coming home at night. so for something that as you've been showing in the video over and over was just incredible to see happen before our eyes. >> i'm totally with you. thank you, madam speaker and michael steel. it's a tricky matter, but i think you were very clear. >>> when we come back, much more on the garner case and what law enforcement can be doing differently. this is "hardball," the place for politics. we needed 30 new hires for our call center. i'm spending too much time hiring and not enough time in my kitchen. need to hire fast? go to ziprecruiter.com and post your job to over 30 of the web's leading job boards with a single click; then simply

. >> remember the anthony baez case. he was killed by a chokehold in the bronx. the federal government stepped in. >> in new york. >> in new york and at least brought an indictment for assault. that's the most basic charge. simple assault. even a misdemeanor assault. give us something here. s in a whole range of charges they could have considered. the fact that they gave us nothing. >> outrageous. >> let me ask you, as you sit here and you stood last wednesday night, a week ago tonight you stood on the stage at nash action network with the family of michael brown jr. and this young lady who is the mother with the young man who was killed in the stairwell. kimberly in brooklyn. we're doing funeral friday night. he's not even buried yet. as you stand here, forget me. people know i'm a public figure. forget him. he's a lawyer. as a human being, tell people what it means to you to lose a husband to law enforcement and to watch that. and beyond the politics, what this means. i think people don't get the human side of this. >> it is so lonely. so sad. and then every da

. >> and gabriel baez, going down tomorrow to honor his uncle eric garner. >>> and now the criminal professor of justice david is here with me as well as c.j. anderson. and so now gabriel will be there and eric garner's family and thousands of other americans. and you heard gabriel talk about, a poignant point, if an african-american in a hoodie is walking down the street, he is no good. but a caucasian, he is going to play ball. do you think fair that the police make about those kids and about police brutality. >> i think so. i think people need to shift the thought process. i think the previous point that your first guest made, about increasing the bond, that is what we need to work towards. and i think there is misunderstanding across the divide and a awful lot of commonality and one of the things people are missing is they are seeing this through the lense of race and it is not, but it is police officers not doing things in the best fashion regardless of race. one thing i've been pointing out regarding the situation in cleveland and the michael brown shooting, the officers got too close t

>> in that case, the baez case, he was over weight and subdued by a police officer in the bronx who useda chokehold and he died as a result. he was indicted and tried before a judge in the bronx and the bronx judge found him not guilty. the federal government indicted for civil rights violations, his name was officer laugh otty and so -- >> and so you think this is -- >> and this was directly on point. and a civil suit of $3 million was awarded to the family of the suit. and bear in mind, i don't know all of the facts of the case and nobody in this room knows because the grand jury heard the case for three months. we saw the film, which is about a 30-second film, a one-had the fi -- a one-minute film and i don't know if we've heard from the d.a., donovan, yet. and he is a straight shooting guy and we need to hear more from him about the grand jury. >> and when you watch the video, you say is there anything more you need to see. the grand jury did. they were looking at this for months. >>> next, we are standing by for the family of eric garner, the unarmed man killed in the chokehold and

in 1994, anthony baez was killed when a police officer employed a choke hold following an altercation after a induststray football hit a police car. the medical examiner concluded that his asthma was a contributing factor. the officer was later indicted and charged. two years later he was acquitted by a bronx judge. in a separate federal trial, he was sentenced to 7 1/2 years in prison after being found guilty of violation of civil rights. we do not have access to all the evidence because those proceedings are secret. but we have all seen the video, and a whole lot of people across the political spectrum are finding it difficult to understand how the police officer was not indicted. you have been litigating with police in new york for decades, 50 years combined between the two. how surprised were you by today's decision? >> as a lawyer, i was shocked. as a human being i was saddened. as a black human being, i'm angry about it. >> i wasn't shocked. the process is secret, it's not adversarial. we should abolish the grand juries when we have these kinds of cases and go to an open adversa

and then we think we're in baez because we have a free application. do you think there is anything that is free? if it's free, you're the product, right? they want your information to sell. if you're a criminal, they want your information also to steal. this is the income distribution worldwide. it will be where the blue it and it's unfortunately here and where i come from. look at the development. at any given sunt, opportunity this is going on at the internet. while we're eating our roast beef sand which, this is the every day attacks. i told that you africa was not really utilized on the internet right now. but you'll see now that it will change. look at the activity in i guess it is nigeria. and you will see that there are lots of cyber criminals already moved to africa. why? because they have good infrastructure and very week government infrastructure, that will help them in their ability to do crime. >> so -- this is the area that i'm in and this is a bit below here. this is below surface eastern this is the dark net and deep net. the deep net c

it was the anthony baez case, officer cleared by a state judge, the feds came in on civil rights. they will receive a large settlement, financial settlement from the city of new york, there's no doubt about that. the trend is, the city has been settling these cases rapidly, but they want some type of justice from the criminal justice system. >> just the fact that you had that laundry list of cases, all of them unarmed black men, in some cases unarmed black children have been killed by police. what does that say that new york city is dealing with the same problem acknowledge very diverse community that they're dealing with in ferguson, missouri. >> i wish i had the million dollar answer to this question to stop all of this. it's troubling as a journalist. thirty years i've been covering these cases and it's almost always the same outcome. there's something that hasn't been talked about a lot. we are just excusing and saying the grand jury rules. that is accurate, but you have to look at where this case was held. that's extremely important. stanton island is a community that consist

in 1994, nypd officer was acquitted on state charges in the death of anthony baez who died in an altercation in federal court of vi lating civil rights. in both cases the officers had faced state charges. in the case with pantaleo and wilson, in ferguson, a grand jury opted not to indict or bring a case in the first place. what might happen this time? paul butler, now a professor at georgetown law joins us now. paul, let me give you my reaction. i'm not a legal expert or anything, you are. my reaction as a layman watching the response on wednesday night when the decision came down from the grand jury and that eric holder is out there very quickly -- the fact it's the attorney general of the united states out there on national television making this statement told me compared to ferguson, there's something more specific they are looking at and thinking of doing here. >> the justice department steps in when it perceives there has been a breakdown at the state level, something that rises to the level of a miscarriage of justice. unfortunately there's tragic history back in the '60s and '50s whe