when you have the fact that troy davis was treated in a different way when the eyewitnesss were beingotographs of the suspects. when you look at the vast majority of the evidence against troy davis, and you realize that there was no physical evidence presented against him, and that seven of the nine nonpolice eyewitnesss recant their testimony at a minimal, as a responsible american, you have to say, our country has no business putting that man to death. i don't believe that -- he is innocent, and i'm ashamed, ed, i'm ashamed of our country, because this is not what america is supposed to be about. and my heart goes out to troy davis' family and also to the macphail family, because the real killer is walking around, ed, and that's something that needs to be repeated over and over about this case, there's not justice for that family either. >> jeremy, how did the prosecutor get a conviction if the evidence is so overwhelming that he, in your opinion, is innocent? how did they get a conviction? >> if you actually go back and you look at the history of the trials and the appeals here, wh

this is to say nothing of the difficulty of relying on eyewitnesss to begin with, because we know memoryble, and to have humans running a system with such cruel finality when that system is racked with bias and error is inhumane. in a time when hundreds of convicted people have been exonerated, we must admit that the justice system is too human to have murder as an option. the troy davis case is filled with reasonable doubt and the possibility of putting a man to g death for a crime he did not commit should scare us to the bone. the other state-sanctioned murder of the week, concluded just hours before troy davis', and it took place in texas, which one could call the murder capital. this situation is more morally loaded. a white supremacist chained a black man to the back of his pickup truck by his ankles and dragged him for miles. he was decapitated. this killer said he had no regrets and would do it again. if any situation calls for the death penalty, it's this one. a vicious, hateful, dangerous, unrepentant man who cruelly and torturously murdered. this is the time to exact revenge, r

i mean, when you have intimidated witnesses recanting, eyewitnesss recanting their testimony.rt of, as you say, this rather abrupt last minute legal procedure which kind of suggests that the whole process has a chaotic quality even more we knew. so i think it's going to focus people's attention on an issue that actually once was a big issue in america and is now sort of, you know, in recent years faded to the back burner. or at least did until the republican debate where we had the, in my view, repellent, if not obscene spectacle of people cheering rick perry's record in terms of administering the death penalty in texas. >> you know, it was interesting, the night of that debate, i'm going to forget his name, forgive me. it was a surrogate for the perry campaign. a republican congressman asked about that moment in the debate. explained, you know, it may not have been the most seemly thing for that crowd to have done, but conservatives in america feel defensive and beleaguered over their support for the death penalty. they feel like they have been caricatured and made to feel ba

i had two alleged eyewitnesss to the crime that they say i committed.olly unworthy of belief. they gave false testimony. they had recanted numerous times. troy davis has seven witnesses to the crime and now they have already recanted. if that isn't reasonable doubt in this country, then reasonable doubt does not exist. >> it looks like from this point forward that he will die, that he will be put to death. what do you think this says about our system of justice? >> i believe our system of justice is intent on making someone pay. and as long as they have a body, after you've exhausted all your appeals and you have witnesses to the crime who have recanted sworn trial testimony. you, this needs to be investigated. troy davis deserves a commutation to life without parole. to let this be investigated. either these witnesses lied at trial or they're lying now. either way, they have lied. >> do you think -- >> how can you possibly sentence a man to death? >> do you think our system of justice is working? do you think it's broken? >> no. our system of justice h

>> we saw, there was eyewitnesss to this incident that were taken back to the crime scene, brought all together, a re-enactment was performed. one witness came in and told everyone else where they were, what she saw. the eyewitness evidence in this case, based on everything that you we know from the psychology and the hard data was fraught with risk. then, after that, there the subject of the latest appeal. now, it turns out that there was forensic evidence. a bullet that was recovered from officer mcfael. they both came from the same gun. the georgia bureau of investigation said that evidence is unreliable, there is no evidence that bullets came from the same gun. one of the jurors testified in front of the board saying she is a supporter of the death penalty, said she would never have voted to execute mr. davis, if she would have known they were fired from the same gun. you look at bill sessions, prodeath penalty, mark white, former governor of texas, executed 22 people. was an attorney general in that case. bob barr, from georgia. they say there is too much doubt in this case. shoul

. >> you know, you heard eyewitnesss say that and, of course, none of us were there. so we can't really say. i think that will be up to the investigators to determine after looking at the photographic evidence, after looking at the videos to determine if, in fact, that occurred. you know, if there is a silver lining in all of this, of course, that would be in. and given the fact you have a very experienced pilot there, it's too early to determine whether that, in fact, happened. >> dan simon in reno, thank you this morning. we're just about four minutes past the hour now. >>> another major story we are monitoring and it is unfolding in iran. that is where two american hikers who have been jailed in tehran the past two years could be freed within hours. let me tell you what we know right now. a lawyer for josh fattal and shane bauer says he's very hopeful that the men might be released today. bail has been posted for each of them. the defense attorney says a judge needs to now sign the bail documents before the procedure can begin. fattal and bauer were arrested after

now, two of those eyewitnesss were supposed to show up in court today and they failed to appear. >> weold of internal documents from sea world describing each whale's history and his behavioral tendency. i want to show you part of tilikum's profile. all it says about the ins den that the resulted in dawn's death is 12 words, grabbed ponytail, pulled in water, held trainer under water, carried/towed trainer. it doesn't say anything about the fact that this animal killed her. >> it's not surprising. it's ridiculous, but not surprising. unfortunately those animal profiles that you see are sugarcoated. and given that information, that information is used to give to a trainer, to make a decision about what they're going to do in their interactions with a whale. and if that is all the information that they put in that document, how is a trainer to make an educated decision about what they want to do with a whale? >> this is a huge business for them. this is not just a question of, well, we believe these whales should be seen by the public so the public can learn about them. this is a huge mo

the seven of the nine eyewitnesss changed or recanted their testimony. tell us about that. tell us about that element of doubt, and how an execution can still take place when that exists? >> this is why this case drew so much attention in the united states and around the world. it's because the question of doubt, of whether in fact troy davis committed this murder in 1989, that was at the heart of the outrage over this case. it's important to emphasize that many, many judges have reviewed this case. including at least one judge who looked at the so-called rec recantations of the seven and nine witnesses. the recantations are either irrelevant or not believable. many judges over 20 years have looked at this case, and all of them have decided ultimately, including all nine supreme court justices today, have decided to allow this case to proceed. >> jeffrey, there was such overwhelming opposition to the execution of troy davis. do you think that the tide is turning toward the death penalty in the united states? >> well, those are two separate issues, i wouldn't characterize ov

but, of course, you had a lot of people with cameras, a lot of eyewitnesss. their testimony will be critical for investigators in trying to figure out what, in fact, happened. i want you to listen now to some of those witnesses who just scrambled in disbelief. >> the split second event. i thought, i'd better get out of the way and start running. there were pieces of air crash craft scenery. >> realizing, you know, you're in the middle of this, this very graphic. >> the pilot, 74-year-old jimmy leeward, set to be a very experienced pilot. he had been coming to these air races since 1975. so you're not dealing with a rookie pilot. you're also not dealing with a new airplane. this is a world war ii vintage airplane. you wonder whether or not the age of the aircraft had anything to do with what happened, but at this point, it's all speculation. this is a very dangerous sort. you can't really imagine anything that's more dangerous, sort of car races in the sky, if you will. and there have been 19 pilots who have died in these races since 1964. obviously, this is s

i think can we have a precedent where when you have the only level of evidence, the eyewitnesss and they say no, we were wrong or no we were coerced, it can cost your life. that is say threat to all americans. i am going to atlanta and we will be there all day. i was there over two years ago standing in the courtyard with his mother and they stopped it. we are praying for a miracle. maybe the da can withdraw. i don't know what can happen, but we intend to stand and raise this issue. >> you have also offered your thoughts and prayers to the family of mark mcfail and have not left them out of the equation. they believe the right man is behind bars and they are caught in the system as well. you mentioned family members in this. >> oh, no. they have lost a son and a brother. no one should be able to get anything but total sympathy and identify with them. they are clearly victims. i think this man should not be execute and compound the wrong that was done to their son and father. >> thank you so much. we will have much more on politics nation 6:00 only here on msnbc 6:00 eastern time. big dev

now, two of those eyewitnesss were supposed to show up in court today and they failed to appear. >> we internal documents from sea world describing each whale's history and his behavioral tendency. i want to show you part of tilikum's profile. all it says about the incident that the resulted in dawn's death is 12 words, grabbed ponytail, pulled in water, held trainer under water, carried/towed trainer. it doesn't say anything about the fact that this animal killed her. >> it's not surprising. it's ridiculous, but not surprising. unfortunately those animal profiles that you see are sugarcoated. and given that information, that information is used to give to a trainer, to make a decision about what they're going to do in their interactions with a whale. and if that is all the information that they put in that document, how is a trainer to make an educated decision about what they want to do with a whale? >> this is a huge business for them. this is not just a question of, well, we believe these whales should be seen by the public so the public can learn about them. this is a huge moneyma

and the audience's reaction, according to all of the eyewitnesss who were in the audience and who weren twitter later, those two individuals who stood up and showed everyone their iq, they were taken apart by the crowd. and in fact, there's probably some stuff that was yelled that i've heard that you can't say on air towards these two men. >> it might be the same two guys who cheered on the death question last time. >> who knows? >> that was in the wolf blitzer debate. and that was sort of stunning, too. saying, you know, somebody who goes into an emergency room who doesn't have any medical care, let him die, somebody said, i believe. >> even then, it was two or three people, and giving everyone a bad name, those two or three people. maybe we've got some debate groupies who are going around doing that. >> erick, if you're already sick of these debates, we've got a long season ahead of us. appreciate you all being on, dana, gloria, erick, thanks. >>> coming up, amanda knox's appeal is in its final phase in italy. she was convicted of killing her roommate and sentenced to 26 years in pri

jim, let me just -- i know you have been listening in both to the eyewitnesss, the three eyewitnesses have talked to, actually four eyewitnesses at this point. tell us about your interpretation base old what they said they saw happening with this aircraft. >> well, from what those two canadian pilots were saying, anderson, it sounds a lot like it was a high-speed stall. most people think of a stall as being just going too slowly for the airplane to maintain altitude, but there is such a thing as a high-speed stall that is to say you are asking more of the aerodynamics of the design of the airplane and its aerodynamically capable of performing, so, it literally loses its ability to fly as an airplane, literally becomes something that is out of control. you tighten up your turn a little bit too much, a little bit hot, a little bit fast and it doesn't take much at that point to lose it. it sounds like once they said that he was trying to catch up with other aircraft, that he was pushing all he could push, pro probably this is speculation, absolutely, it sounds like he looked up and saw t

jim, let me just -- i know you have been listening in both to the eyewitnesss, the three eyewitnesseses at this point. tell us about your interpretation base old what they said they saw happening with this aircraft. >> well, from what those two canadian pilots were saying, anderson, it sounds a lot like it was a high-speed stall. most people think of a stall as being just going too slowly for the airplane to maintain altitude, but there is such a thing as a high-speed stall that is to say you are asking more of the aerodynamics of the design of the airplane and its aerodynamically capable of performing, so, it literally loses its ability to fly as an airplane, literally becomes something that is out of control. you tighten up your turn a little bit too much, a little bit hot, a little bit fast and it doesn't take much at that point to lose it. it sounds like once they said that he was trying to catch up with other aircraft, that he was pushing all he could push, pro probably this is speculation, absolutely, it sounds like he looked up and saw that the planes were right there now he ha

and the audience's reaction, according to all of the eyewitnesss who were in the audience and who werelater, those two individuals who stood up and showed everyone their iq, they were taken apart by the crowd. and in fact, there's probably some stuff that was yelled that i've heard that you can't say on air towards these two men. >> it might be the same two guys who cheered on the death question last time. >> who knows? >> that was in the wolf blitzer debate. and that was sort of stunning, too. saying, you know, somebody who goes into an emergency room who doesn't have any medical care, let him die, somebody said, i believe. >> even then, it was two or three people, and giving everyone a bad name, those two or three people. maybe we've got some debate groupies who are going around doing that. >> erick, if you're already sick of these debates, we've got a long season ahead of us. appreciate you all being on, dana, gloria, erick, thanks. >>> coming up, amanda knox's appeal is in its final phase in italy. she was convicted of killing her roommate and sentenced to 26 years in prison. knox'

and the audience's reaction, according to all of the eyewitnesss who were in the audience and who weren twitter later, those two individuals who stood up and showed everyone their iq, they were taken apart by the crowd. and in fact, there's probably some stuff that was yelled that i've heard that you can't say on air towards these two men. >> it might be the same two guys who cheered on the death question last time. >> who knows? >> that was in the wolf blitzer debate. and that was sort of stunning, too. saying, you know, somebody who goes into an emergency room who doesn't have any medical care, let him die, somebody said, i believe. >> even then, it was two or three people, and giving everyone a bad name, those two or three people. maybe we've got some debate groupies who are going around doing that. >> erick, if you're already sick of these debates, we've got a long season ahead of us. appreciate you all being on, dana, gloria, erick, thanks. >>> coming up, amanda knox's appeal is in its final phase in italy. she was convicted of killing her roommate and sentenced to 26 years in pri

you cannot say when there's been recanted testimony and the testimony of the eyewitnesss, martin, was the only evidence this man was convicted on. there was no physical evidence. there was no dna. there was no recovery of a weapon. since the only thing you had was the eyewitness testimonies, and that's been recanted, you can't say there is not reasonable doubt there to stop an execution. now, if you recanted but there was physical efs dense, dna evidence or other evidence, you can say that doesn't mean anything. when that's the only thing that was used and now when you have jurors in the trial come forward and said, i wouldn't have voted to convict him if i knew the ballistic evidence did not lead to where they said it was, that is a whole lot to overlook and say i'm going to take a man's life. there is huge reasonable doubt here. >> reverend al, a remarkable insight. it's great to have you on this network because your perspective oz a civil rights activist, relationships with some of the members of mr. davis' family and your prospective as a broadcaster, we're grateful to you for the

jim, let me just -- i know you have been listening in both to the eyewitnesss, the three eyewitnessesve talked to, actually four eyewitnesses at this point. tell us about your interpretation base old what they said they saw happening with this aircraft. >> well, from what those two canadian pilots were saying, anderson, it sounds a lot like it was a high-speed stall. most people think of a stall as being just going too slowly for the airplane to maintain altitude, but there is such a thing as a high-speed stall that is to say you are asking more of the aerodynamics of the design of the airplane and its aerodynamically capable of performing, so, it literally loses its ability to fly as an airplane, literally becomes something that is out of control. you tighten up your turn a little bit too much, a little bit hot, a little bit fast and it doesn't take much at that point to lose it. it sounds like once they said that he was trying to catch up with other aircraft, that he was pushing all he could push, pro probably this is speculation, absolutely, it sounds like he looked up and saw that

seven of nine eyewitnesss have said recanted, changed their stories, some say originally pressured byer and over that i didn't see this happen. they put what they want to put in that statement. >> reporter: others have come forward, implicating another man. one juror who convicted davis questions her decision. >> if i knew then what i know now, troy davis would not be on death row. >> reporter: with only a week to his execution, critics of the case against davis include 51 members of congress, the vatican, and former president jimmy carter. >> we believe that in this particular case there's enough evidence to the contrary to prevent this execution taking place. >> reporter: an online petition supporting clemency for davis exceeded 200,000 signatures in five days, but state and federal courts have all upheld davis' conviction. the former d.a. who prosecuted davis says the courts got it right. >> i'm just disappointed that so many people have been led to believe that nobody has paid attention to these recantations. it is as i explained earlier simply not the case. it's just not the case

>> reporter: randi, earlier in the day activists and eyewitnesss in sanaa and other cities were saying, were concerned that the country -- fierce fighting. a cease-fire has been called amongst the warring parties. while i spoke to a yemeni government official who believes the factions are all in a gentlemen's agreement and the clashes have stopped for the most part, the residents i'm speaking to don't quite believe a cease-fire is in attack. they're still hearing shelling, loud explosions, not as fierce as earlier, but they worry it will pick up later this evening and get back in the overnight hours. >> who exactly is involved in this fighting? has this come down to rival tribes? >> reporter: well, randi, we have had situations in the yemen the past few months where rifle tribes have clashed. this particular round of fight ing different military units. you have the republican guard, an elite military unit, they're fighting with military units loyal to a general who defected from the ranks of the president join the revolutionary movement a few months ago. his forces, the forces loyal to

seven of nine eyewitnesss have recanted, changed their stories, some say they were originally pressuredold them over and over this is -- i didn't see this happen, they -- they wanted to put in their statement. >> reporter: others wanted to come forwardismly indicating another man, one juror questions her decision. >> if i knew then what i know now, troy davis would not be on death row. >> reporter: with only a week to his execution, critics of the case against davis include 51 members of congress, the vatican, and former president jimmy carter. >> we believe that in this particular case there's enough evidence to the contrary to prevent this execution taking place. >> reporter: an online petition supporting clemency for davis exceeded 200,000 signatures in 5 days. but state and federal courts have all upheld davis' conviction. the former d.a., who prosecuted davis said the courts got it right. >> i'm disappointed so many people have been led to believe nobody has paid attention to recantati recantations. it is as i explained simply not the case. it's not the case. on what ground are the

one person i do trust to take charge of my financial future. [ bell dinging ] >>> more and more eyewitnesssring that mass shooting in a nevada ihop, and the first 911 calls received are being released. five people died, three of them were members of the national guard. i'm going to play one of the calls for you and listen. because half way through you'll hear the gun shots in the background. >> 911, what's your emergency? >> it's ihop, there's a shooting going on, multiple shooting. >> where? >> in the ihop. >> in the ihop? >> in the ihop, automatic weapons. get there right now. automatic weapons. >> how many? >> i don't know. one guy going in, now he's coming back out with a gun. he's shooting people in the parking lot. it's an automatic weapon. >> we're on the way. no! he he's shooting at us now! he's shooting at us. automatic weapon. >> automatic weapon like longs weapons? >> he's shooting everybody. >> white, black, hispanic? >> i don't know. he's got a red shirt. he's shooting in a restaurant. >> we're on the way, all right? >> before the shooting stopped, we mentioned five people died