let's bring in cnn senior legal analyst jeffrey toobin. jeffrey, it's something of a mystery here. we have you hear the deputy commissioner just say that none of the officers described using force against mr. gray when he went into the van, he could talk and he was upset. when he was taken out of the van, he could not talk he could not breathe, but he doesn't know when the injury happened. whether it happened in the van or before the van, and i have to say, this happened a week ago. how is it that they could not know? >> it's eight days. it's a long time. by criminal justice standards, where you can do a thorough investigation. although one important piece of evidence is only being uncovered today, and that's the autopsy. it's clear that the autopsy -- that evidence is not yet available, but the key question here is -- how did he die? and did the officers play any role in his death? either through some sort of aggressive action, hitting him or by withholding medical treatment in some way? those questions, which are central to the issue of responsibility for his death, i think are a

our senior legal analyst jeffrey toobin joins us right now from san francisco and legal analyst marks is live in los angeles. good to have both of you. we've covered lots of trials where we have tried to get inside the head of jurors while they're at deliberations and wonder why they're taking so long. it's a terrible question to ask except in this case when his own attorney said he did it, what do you think could possibly be taking so long for jurors who have to click yes or no on the box? mark, i'll start with you. >> i think the jury verdict form, if you take a look at it, is 32 pages. it has subparts to it. it's as complicated a verdict form as you will see even in a civil case. and they're going through it and the way that it's worded, i think their questions today were spot-on because it just throws in there aiding and abetting and throws in there conspiracy in not exactly the best commonsensuous of the language. i think that is part of the issue and this portends well for the defense in the penalty phase because if they're focused on the aiding and abetting and the conspiracy

jeffrey toobin is with us our legal analyst. this group called the black it guerrilla family. >> a long-standing prison gang actually started in california but they took over the boston city correctional center. the bcdc the local jail and ran it for a period of about a year. many of the guards and many of the prisoners have since been arrested. it's indicative of a serious gang problem in baltimoresome time. the crips and bloods active but the black guerrilla family is the group that ran the jail. if i could emphasize something tom said. the idea that officer kowalcyzk that the baltimore police are doing their job simply disappears when stores are being looted that is not my idea or my understanding, of how the police are supposed to work and no one there is a demonstrator. no one there is is a protestors. these are criminals, looters, and i think that distinction is not just semantics. these are criminals preying on this city and the police should be out there doing something about it. >> i know that pamela bruin is with -- pa

we're back with harry houck from the nypd, sunny hostin, jeffrey toobin as well. as we continue to look at these images throughout the day, there's a real question about what happens as the night progresses? is this in fact, i mean, it seems like in some areas it has, you know, in this case, burned itself out, in the case of this senior center. but what does the night hold? when will national guard units actually arrive on the streets? >> i think it's anyone's guess. i'm just so saddened by this, as someone who's worked in baltimore, lived in baltimore. still have so many good friends in baltimore. this is not the city that i've grown to love. and the terrible thing is, it will take years -- years -- to rebuild these areas and these areas that were so desperate to begin with. i'm actually watching our own coverage in a state of shock and bottom line is, you know, what started out, i think, as peaceful protest, that message is lost, that message is gone. all anyone will now remember is the rioting, is the looting, is baltimore burning, and that is -- that saddens m

jeffrey toobin, the backlash has been swift and aggressive. thank you for being with us. >> okay. >>> the heir to the geddie oil fortune has been found dead. he was found tuesday afternoon at his home in los angeles. police say a female friend was at the home. she's cooperating with investigators. still, no official word on the cause of death. >> are we treat thing as a murder investigation? >> right now, it's being treated as an undetermined death investigation. so we'll determine whether it was a homicide or natural death or whatever means of death it was. >> henry getty's parents have confirmed the death and are asking for privacy. they say detail also be released when available. >>> we are going to take a quick break here on cnn. when we come back, militiamen have joined forces with iraqi troops to fight isis. ahead, we'll show you why one victory they claimed on the battlefield and the high price they paid. >>> and nigeria's president elect. he has a wealth of military experience and that might just come in handy. bring us your aching and

let's talk about this with jeffrey toobin. r batts suggesting that they don't want to disclose too much ap this point because they might be prosecuting some of the police officers also the deposit any commissioner with the first admissions that the police did something wrong. he said quote very frankly he should have gotten medical attention at the site of the arrest and he wasn't strond in as he should have been. >> i think those are significant. that is clear acknowledgment that freddie gray was not treated properly. he should have gotten medical treatment and should have been strapped into the transport wagon. now the big question that is still outstanding is was this negligence was this ined a very tans a mistake on the part of the officers were some kind of aggressive mistreatment? was it more like a crime, an assault? that question is not answered but certainly an advance in the investigation to say that freddie gray was treated in a wrong way. >> very different tone very different words from commissioner batts than what

. >>> let's bring in jeffrey toobin right now, our senior legal analyst. ess of a justice department investigation. do you think it will be real? because this could go on and on and on. >> remember there are three investigations now going on or planned. you have the police investigation, which is going to make its report to the prosecuting attorney next week. you have an independent investigation that has been promised by the mayor and now you have the justice department investigation. i do think that in light of all those investigations we will learn a great deal more than we know now. but i think it is important to recognize how little we know now about why freddie gray was arrested. was were the circumstances of his arrest and, most importantly, how did he sustain these terrible injuries? none of those answers are clear. but i do think that with those three investigations we will know the answers. >> hopefully we will. stand by i want to bring don lemon in. don, i want it step away from what is going on in baltimore. as you know you're in new york. the l

oftentimes and i think jeffrey toobin will agree, you could have a battle of the experts.rious experts with various opinions. therefore you want to consult more than one. i could see them consult up to three. in the event they con sult two if they have different interpretationings of how the injury occurred. that's what's critical for the following reason. it will answer what was the nature of the injury and how would this injury be sustained in a normal cause. what type of pressure would need to be applied, could it have been accident. . is it consistent with intentional. it would be dependent upon when the experts are available to evaluate the case and give their report and recommendation. >> we know the family wants their own independent autopsy now that they have the body. how often potentially could the results of that autopsy be from the police autopsy? >> well i think the first difference, to be clear, is that when the initial autopsy happens, that's when the body is fresh and that's when the body is initially examined. that's very important, gathering the notes fro

. >> let's bring in our senior legal analyst jeffrey toobin.sory to 300,000 murders at auschwitz as the cam's bookkeeper is there a precedence for convicting him in a war crimes trial of this nature? >> this is an interesting story because the nature of the legal proceedings against those who were involved in the holocaust has changed since world war ii. in the original prosecutions and the nuremburg trials and elsewhere, the theory was, the only people who could be prosecuted are those who actually gave the orders or carried them out. in later years, as the number of prosecutions has declined there have been a small handful of cases like this one where it's based on a more general sense of responsibility a bookkeeper can be a bookkeeper can be prosecuted as in this case for participating in the activities of a concentration camp even if he never gave any orders or killed anyone personally. that's when this case is about. >> why did they decide to do it now, 70 years after the war? >> well, mr. groening basically called attention to himself. he

joining us now, jeffrey toobin and joining us representative bob ballenger of the arkansas house of representatives. he proposed the bill. why is your bill necessary? what specific threats to religious freedom can you cite because a lot of people say bills like yours are simply a reaction to the growing legalization of same-sex marriage across the country. >> we've heard that over and over again. i really believe it's a bit of a mischaracterization. you look at it and bill clinton signed the original and voted on by all of congress. the first state illinois voted on by president barack obama who at that time was state senator and i think you look at it got kind of a bad name. lumped in with something that's a debate that really never should have been included? >> there's a half century of federal precedent that said can't discriminate for a wide range of reasons gender, race religion. here's the question. should gay and lesbian citizens of the united states receive that same protection? >> i think that's something should be bedebated. i think that's a different piece of legislation. there's no prot

. >> anderson sunny hostin, jeffrey toobin thank you so much.ck lost in the mayhem of last night is the reason these protests started more than a week ago. freddie gray's mysterious death while in the custody of baltimore police. we're look at the new details of this investigation into what happened to freddie gray next. so if i gave you a bud light are you up for whatever happens next? yeah! check it out. the perfect beer for stepping outside for some old school fun. my goodness... aaaahhhhhh! pac-maaaaaaaan! goooo! ♪ ♪ no! yeah, riley! ♪ ♪ we have a winner! what is going on?!?! will you help us find a house for you and your brother? ♪ ♪ ♪ ♪ woooooah you're not just looking for a house. you're looking for a place for your life to happen. zillow >>> we're back with live pictures from baltimore from our affiliate wjd. you see protesters on the ground chanting justice for freddie gray. right now a city on edge baltimore, fueled by the death of the 25-year-old freddie gray all ignited by cell phone video. the images showing officers pulling freddie

joining us is franktownsend who serves on the dhs and cia boards and jeffrey toobin and former hostage david road who had been in touch with members of the weinstein family and cnn security analyst peter burgen. and it is a complicated situation, but how do they get something like this wrong? >> the administration said they had hundreds of hours of persistent surveillance and they had a target there in farouk a bad guy, an american and there is process for a target to kill a drone strike of an american and they would have had the persistent surveillance to make sure they knew where in the compound not to hit women and children. but there is no way, if they hide the hostages as they did, short of having an asset inside of al qaeda, inside of that compound there is no way to avoid this. and so while it is a tragedy, it may not have been a mistake in terms of the guidelines as they were followed. >> and david when you were being held hostage by the taliban, held seven months before being able to escape how worried were you of being killed in a drone air strike? >> the drones were around a

i'm going to bring in jeffrey toobin. first i want to let you know we have reporting out of the courthouse in boston that the jury is brought into the courtroom. we know that this verdict we are about to hear it very soon. it will be rendered very soon the verdict in the case of the boston bombing. i want to bring in jeff toobin now. let's talk about this jeff. tell us how this is going to play out. this key phase is certainly not the last phase of this case. >> well it could be the last if it was somehow an acquittal. i don't think anyone believes there's any chance he will be acquitted of these counts. on the assumption he's convicted of at least one of 17 death penalty counts there will be a move to a new trial. the same jury will begin -- will hear evidence on both sides. the prosecution will put on evidence of what's known as aggravateing factors and then the defense will put on evidence of so called mitigating factor factors that a argue against the death penalty. the jury will then deliberate again. there's a big d

i want to bring in our senior legal analyst jeffrey toobin who is standing by.eff, you're a former federal prosecutor. what if anything do you think we're going to hear about this report on friday? will details be released or leaked out or will the prosecutor want to keep it close to the vest if she builds a potential case? >> you know i think that's a really tough call. there are a lot of competing pressures. under ordinary circumstances, you wouldn't hear much because this is preliminary and usually this begins a process of give-and-take with the prosecutors where the prosecutors say, look i need you to interview the following three or four more witnesses, i want to get the following tests done. preliminary means preliminary. here of course there's tremendous demand. i would anticipate that the family of freddie gray would be brought in and informed at least somewhat about the information that's been gathered. but as you pointed out just a couple of minutes ago, there is a lot that remains mysterious about how freddie gray died and what caused it. and it's goi

joining us now to discuss, cnn political, vann jones, jeffrey toobin cnn senior legal analyst, and two new york police detectives tom bernie and harry howell. it's the all-boys club here this evening. let's talk about this. i want to look at the arrest of freddie gray and i want you to hear that he is screaming here. then questions for you. take a look at this. [ screams ] [ bleep ] [ screams ] >> so when i hear that i think this man is in terrible pain. it does not sound fake to me. it sounds real to me. police are not reacting harry, why is that? >> well i can't tell you why they're not reacting. >> should they be? >> they should be. it does sound like he's in real main. a lot of times pretend they're hurt or injured all the time. you pick them up and put them in the van. but here it definitely sounds like the man is injured. and when they're taking him away he can hardly walk but when he's going in the van, it looks like he's standing. >> well -- >> it's pretty close -- when he's going into the van, that he was standing to get inside the van. so i don't know pip mean the whole thing

jeffrey toobin you've done a lot of reporting from baltimore on these gangs here. we're hearing -- you just heard in don lemon's report that these gang members saying they weren't causing this violence. they were trying to prevent the violence. they were trying to stop the looting. they didn't need the looting to go on. they have their own sources of income. >> wolf allow me to express some skepticism about the benevolence of the crips and the bloods and the black guerrilla family. these are killers. they are drug dealers. these are people who are not going to save baltimore. the black guerrilla family in particular the story i wrote about them in the new yorker illustrate how'd they took over the main jail in baltimore, the baltimore city detention center. they controlled it. they brought in drugs. they brought in cell phones. they made money off of it. the idea that these gangs are doing anything for the public good or anything other than continuing their reign of terror over the city is laughable to me. and i think to the extent the city is trusting them or rely

>> i agree with jeffrey toobin on this.eality is it's a difficult situation to put a witness your client the defendant on the stand for the following reason. when ever you put the defendant on the stand, you risk everything you created, and there's a measure in lack of control you have over him. the whole theory of judy clark and defense team has been to spare his life. what if he gets on the stand and goes rogue, i want to die, want to be a martyr jealous of my brother, put me to death. that may be the fear. does he really want to die, does he not? we don't know. when you put him on the stand, it becomes risky. there's a mitigation specialist. there's a person who has looked into the family his, who is he where's he from what has he done to his life? that will give compelling testimonies or investigated facts and circumstances to allow others to give testimony which he could otherwise give. why allow him to get on the stand to do something so many other people can do on his behalf? >> let's not forget three people were kil

of baltimore, also friends with baltimore's mayor and cnn legal analyst and federal prosecutor jeffrey toobint's interesting, what this officer is claiming or at least what this friend of this officer is claiming the officer has said the injuries occurred before the freddie gray was put in the paddy wagon. >> i think that is very significant. because we do have video, and we have all seen it now, of freddie gray screaming and what appeared to be agony as he was dragged sort of like a rag doll to the police van. now, a lot of people are saying he was standing on the police van, on top of the police van when he was entering which means that he must have been okay and -- >> standing on a bumper. >> so he must have been okay because the injuries must have been sustained inside. i didn't see that. i saw someone standing on one foot while assisting by other officers still in agony, still in pain. so what we're hearing now from this person in my mind anderson really supports what my eyes saw all along, from that video that has gone viral, really. >> jeff toobin, what do you make of what you heard? a

joining us the naacp president, jeffrey toobin, president of the national organization of black law enforcementttorney, had hln legal analyst joey jackson. i want your reaction to what we just saw. it is pretty awful the video, the screaming, the guy being dragged in, took 30 minutes to apparently call an ambulance. >> wolf it's absolutely heartbreaking. the fact of the matter we have a young man who encounters the police. it's not clear why he was arrested and he ends up with three broken vertebrae, a spinal cord that's nearly severed, and in a coma. now there's much we don't know but what weigh don't know here makes us all the more anxious about what we do know which is all across the country we seem to be in the midst of this unrelenting series of tragedies at the hands of police. we don't know all the facts here but it's enough to be very troubling, very troubling. >> cedric what's your reaction when you heard joe johns' report, when you see that video? i don't know if you had a chance to listen to the mayor and the police chief earlier in the day at the live news conference. >> well, i tel

our cnn law enforcement analyst, don lemon, jeffrey toobin and joey skrakson. so joining us the president and ceo of the national urban lead. jeffrey, quickly to you first. the legal aspects, what's wrong with the police in baltimore conducting an investigation before releasing all the details? we heard benjamin crump say earlier the family has a right to know what they know right now. >> i don't think anything is wrong with it but remember there are now three investigations either under way or planned. the police investigation, which will make its report in about ten days. then the mayor has said there's going to be an independent investigation run out of baltimore, and now today, we learn that the united states justice department is investigating. so it does seem like this will be a thoroughly investigated matter. and frankly, it's appropriate, i do think, to withhold judgment for a while until these authorities can figure out what happened. >> you have a problem with that mark? >> you know i think that confidence in the investigation would be enhanced if info