. >> defense attorney joey jackson is on the case.with residual mouth alcohol until today. so, explain to me how this really works. you take this powder, lots say you haven't had enough drinks to be drunk, but it still leaves something to you could fail a test, is that correct? >> it could. this is how it works, according to what i've learned as a former prosecutor and now doing this from a defense perspective. what happens is you want a reliable and accurate reading. there are machines which detect the presence of alcohol in your blood. it's a blood to alcohol content. they measure it by when you blow into a tube. so, the issue is, you want an accurate reading. oftentimes that reading is contaminated or could be by what's called residual mouth alcohol. what that is, brooke, it's alcohol which gets confined to see created in the oral cavity and could come from a number of things. that's why officers are trained to observe you for a period of time. often 15, 20 minutes, so that if you belch, it comes up from the stomach, can leave cont

so joining me now is defense attorney joey jackson. y. >> none whatsoever. >> so catherine jackson says she is fine. we heard her say. that but her own attorney told a judge this yesterday. i want to put it up so everybody can see it. the judge says, we have reason to believe that mrs. jackson has been held against her will. cad katherine jackson saying she may be prevented from acting as a guardian because of the act of third parties". so what i want to know is what would prompt a judge? what evidence to take custody away from her? >> family squabbles, how difficult they can be. what happens is that you need to insure that the children are safe. that they're secure and that they're provided for. if there is any indication otherwise, a judge is going to become concerned. when you have allegations that a person is missing, in another state, they're not being responsive, they're not taking phone calls from people who their parenting, upbringing, they're guiding, a judge gets very concerned on that and would seek to remove children until t

. >> defense attorney joey jackson is on the case. joey this crime is on video.aybe there will be a plea deal but will prosecutors consider that option given how heartless this crime is. a man is collecting cans to pay for a dress for his daughter. >> it's so tough. your heart goes out to the family. people going out and thinking for amusement purposes it's funny in order to harm somebody else. it's tragic by any means. at the same time the prosecutor not with standing the fact that it's on video and easy to prove may in light of their tender years and young age entertain plea discussions. that's going to be a matter of talking with the family and public attraction. >> when did it become okay for teenagers to think this was even remotely funny to go out and assault someone. the charge is first-degree. do you think the prosecutors will have a hard time proving that? with first-degree they have to prove intent. would it have been better to charge with manslaughter given the fact there is video posted on you tube. >> what's interesting is that under the law it is fi

joey jackson is a former prosecutor, pilar prinz is a criminal defense attorney. ome to both of you. >> thank you, good afternoon. happy independence day. >> happy fourth. arthel: joey i'm going to start with you. is this the case of the judge throwing the baby out with the bath water or in this case the bathtub? i mean the prosecution was calling the tub a murder weapon. how does this play out for the prosecution's case? >> ultimately they'll still be able to, that is the prosecution, they'll still be able to proceed and very effectively but they'll do it in a different way. here is why. what happened is, is help wanted the actual bathtub to be brought in to be evaluated, seen and inc inspected by the jury, the judge said no, it was overly prejudicial, did not want it lead. said it would be misleading without the context of the home. the better course of action was to allow the photographs. i believe, however that the jury should have had the right to review and evaluate that. trials are about a search for the truth. how do we get to the truth? we get to it by the

defense attorney joey jackson is on the case for us. s, these first accusations to surface makes it interesting but seems to blow a hole in the defense argument that he wouldn't have suddenly become a pedophile at 50. >> they really do. that's problematic for the defense that the client is being sentenced. the jury heard the argument and the jury rejected those arguments. why? because 45 and 48 counts getting convicted is a clear indication of what the jury believed. we remember the argument of a person not becoming a pedophile in their 50s. if these are correct, it blows a hole in that. the issue would be how credible they are and if the credibility is relied upon and if it they are credible accusations it represents further problems. there's no reason at this point to think that the judge is going to do anything other than sentence mr. sandusky to life in any event. >> we know the grand jury is investigating that led to sandusky's arrest. that is still going on. would you expect them to testify and if so, cleared of possible more charg

fox news contributor mark fuhrman, criminal defense attorney, arthur idol la, joey jackson and forensic thatgist. gentlemen thanks for being with us. doctor, i'm going to start with you. you believe this is a homicide. why is kathleen savio's death a homicide and not an accident? >> first of all judge this is a young, healthy person who dies in a bathtub, rare. the mechanisms to hit her head, become unconscious and drowned, not there. there's not enough room to fall, hit the back of her head and die by drowning. >> judge jeanine: what do you mean the mechanism? >> enough force applied to the head or brain and make her slip a die. there's not enough space for a 5'5 person to fall she is going to hit the wall and slide down absorbing some of that force. >> judge jeanine: mark what doo you think? >> i believed it was a homicide from the onset, first time i read the autopsy. it is pretty clear. everything what the doctor said then reinforce it, no towels by the tub. bottles of shampoo weren't disturbed, no clothes in the room. >> judge jeanine: the defense is gonna say that the fact that th

anyway, lawyers joey jackson and jeffrey gold and psychiatrist from harvard, dr. john sharp. got to tee this one up for you. the nine-year-old is caught on tape beating the babies. the grandfather said he told the teacher he had been scratched by the toddler and they didn't do nothing so the provirginiaave provirginia teched him that day and do something like that. the aunt said he bad he fight but don't fight little babies but he has a problem he takes medicine he is just a normal kid. >> are they saying that the kid was provoked? >> so going to go and drop kick people and do all this. >> they are not even people they are babies. >> it is learned behavior. what is he going to be like as a teenager are adult? shoot and kill people. this is unacceptable? it might have been learned before. where did he learn how to do this. i'm concerned about the whole family system and his need for medical and psychiatric evaluation. >> this kid did not just walk in there one day and do this. you see him look the other way so that and then when the -- when it calmed down he starts patting the

the defense attorney we want to touch on with this is joey jackson. with this one. i'll begin with this child endangerment times two. >> there's a couple of problems. you're endangering the welfare of a child. there's a statute that deals with that issue and in the event that you endanger the child, it can rise to the level not only of a misdemeaner which is punishable by a year but a felon that goes far in excess. >> why isn't it a felony to start with? >> it could be. that's not to be ruled out. her second problem forgetting about the criminal problem and that's the family unit. social services is going to investigate this and say are you really fit to be a parent. shouldn't we be encouraging kids to read and write instead of cursing and fighting. >> or stopping them from being hurt. >> that's true. you have an obligation to protect your children. when you're encouraging this type of behavior and the foundation. this is foundational. if these kids are doing this and this is what we're learning and molding them into when they are just out of diapers,

defense attorney joey jackson is on the case.tick. ain't no how, and it will. >> it will. >> why? >> she consented to it. she said you're being reasonable. what can the judge have done. judge could have said you're going to spend double that time in jail. the judge said we can work this out. people need religion in their lives. i want you to read the old testament, the book of job. you're going to spend eight years in jail, which is a tempered sentence this takes into effect the victims as well as the defendant. >> i don't know you're an attorney, but you also have to be a biblical scholar. why book of job? >> it's about the righteousness and why do the righteous suffer. here is job and he has everything in the universe. he's got seven daughters and three son. he owns the world. it's burned and taken away from him. he would wimper, but he stands tall. it's a great book. >> clearly. better than shades of grey. >> from what i hear, it couldn't be better than that. >> you know what i'm saying. is this recommended from prosecutors in

let's talk to defense attorney joey jackson. explain this for me.explain what exactly is depraved indifference and why does it mean someone can be charged twice for the very same crime. >> what happens is that murder is what we call a specific intent crime. in order to establish it, you have to intend to prosecution has to demonstrate that you intended the death. you intended to commit murder. however, under depraved indifference, the argument becomes different. it becomes not what you intended to do but what your actions caused. you acted with such moral bankruptcy, you acted with such depravity and inhumaneness and as the result of those actions it caused a death. it's a big difference. the prosecution is allowed to charge multiple theories and different theories for the same crime. dui accident, you blow into a tube, if you reach a certain limit, you're drunk. if the tube is not working, they can also get you and find you guilty because they see science of your drunkenness. same kind of concept. the prosecutor is allowed to pursue multiple theori

defense attorney joey jackson is on the case. oh, yes, it is. >> 150 grand to a million? >> absolutely. >> has his flight risk gone up at all? >> well, here's the problem. there's a lot that's gone up, and here's why, ashleigh. this is good and pad news for the defense. why? because it's good news that he gets bail at all, right? he has the opportunity to post that bail, and when he does post it, and we expect he will, he'll be released from jail. the bad news is, look at the language you just cited to, talking about manipulation. if you further read the decision, it talks about how he flouted the decision, how he was not this confused, young adult that this defense attorney pointed him out to be. he was a person who knew very well what he was doing. why is that relevant? because there's something called a stand your ground hearing, an immunity hearing at some point which he's going to say, i acted in self-defense, your honor. and that judge has to assess his credibility. >> and just the judge. it's a bench trial. you're not tryi

megyn: joining me again, david wohl and joey jackson.looks at the reasonableness of the deadly force, right? was it reasonable under the circumstances. >> yes. megyn: according to the law it will look whether he was attempting to evade arrest. whether he was immediate threat to the safety of officers and the others. but the legal standard, david, says, was the deadly force necessary to prevent the escape of a sus ebb ised felon? not saying suspected felon in general. there has to be a new suspected felony underway, correct? >> absolutely, megyn. while i suppose it is argueable that fleeing from the police is felony evading under those circumstances it is police policy everywhere across the country if he does not have a deadly weapon and you're not being attacked with that deadly weapon, then you don't use deadly force to gun him down. again my experience with these cases when a weapon is found, megyn, that is the first thing the police officers at a press conference indicate. we found a weapon. we recovered one and the officer believed i

joey jackson is on the case. let me get this straight.alking about 17 other murders that he committed hoping that the police, the jail would intercept them, turn them over to the police. the police would come to his cell and say let's talk. >> kind of bizarre. >> and let's barter. do they barter food for info? >> you'd be surprised. you want them to be comfortable. you want them to be calm. you want them to give you information. you say can i give you something to drink. are you hungry? in that context, you do. he was hoping based upon them attempting to solve various crimes that they would believe this to be true. there will be an investigation. if it is true, we'll see what happens, but we don't think so. >> i don't know if it was harebrained or not, he was thinking he could get a request, soda and a dozen oysters with hot sauce. >> he forgot the lobster and steak. this guy has tried to commit suicide several times. he's come close. >> once during the trial and some before that. he was saying he was hoping he got shot at the time. in th

. >> let's go to defense attorney joey jackson. he's on the case for us today.n situations like this make a prisoner talk or is that just stuff we see in the movies? >> don, it's stuff we see in the movies. normally speaking there may be some inducement to get someone to speak. you say i'llessen your jail term. i won't prosecute you. when you have a person like this that is serving a life sentence there's nothing to get the person to speak and nothing under the law which compels them to speak. it's just the opposite. you can't be forced to say anything. one interesting twist is not only that is you can have a person that confesses in this country and if there's not independent corroboration on a confession then they can't be convicted or prosecuted. the constitution is very strong in that regard. >> the law, the law, the law. the dna that links the killings and the car. it's not the type that singles out one person. i talked to the prosecutor about that. how could it impact the trial physical if it leads to that? >> you have this dna which is like a direct natch

joining me, our legal panel, joey jackson, a former prosecutor and robert shaw, a defense attorney and also prosecutor. great to have you here. >> good morning. >> jamie: i am disappointed, not for me, but for the victims. some are in court, some are in the hospital and they would like to see the alleged shooter. they would like to be a part of this. if they can't, they won't. is that fair? >> you know what, it isn't. but it is evaluated on who it is fair to. the judge is overly broad, really. i am hopeful by the time the trial is retracted and we are table to see the totality of the case. i think what the judge is concerned about is the fairness to the defendant because you know our judicial system. this is going to be a death penalty prosecution, it is expected that that will be the case. you know, jamie, bob, the reality is that they are going to be appeals aplenty in a death penalty prosecution. so to the extent that you can limit the appeals, in that sense, it protects the defendant's constitutional liberties. >> jamie: at this point, the gag order was expanded because there was r

joey jackson with me now.or the stalking element but for how the stalking element is playing into his custody case. >> exactly. >> what is happening? >> it's in the best interest of the child to have parent who cares and love and supports them. what the wife wants to do is say this puts my children two boys in danger. one four, one three. she is claiming that if a stalker can ultimately go up and knock on the door, then how much in danger are my children and if they are, should the court take that into account in chmaking a child custody determination. >> his ex-wife wants to use this stalking case against her ex-husband to get the children to come with her suggesting it's too dangerous. doesn't that victimize him twice? >> it does. one is the one you mentioned. first i'm victimize because i have a stalker. >> i didn't have for this. >> the second way is now the court is going to hold that against me such as they will take the children away. that's also a third. how many celebrities have stalkers and how many

and joey jackson, former prosecutor criminal defense attorney, he does it all. >> how are you, jamie. good to see both of you. thank you. let me ask you what the medical records tell about the case, i believe there's a new twist. there could always be a twist and this could be spun how many different ways, right? that's what lawyers do, we spin. but any type of evidence of injury is significant, it's significant because the defense can now argue right with clarity that listen, my client here, mr. zimmerman was in eminent fear of his life and black eye, broken nose, and in terms of the head trauma, that's more of a medical term. if you have gashes in the head we can logically conclude that they have some trauma. whether it raises to the definition of medical trauma is another story. the defense will spin it suggesting that this is why he acted in the way he did. in a fatal way because he thought he was going to die. and the prosecution of course will spin it quite differently, as we know. >> i'm going to spin it, tell me if we're right or wrong. we heard him in the video that was relea

fox news analyst arthur aidala and joey jackson.o argue for the obese for obvious reasons. i'm kidding. you look good eric fite sue as company because they withdrew a temporary conditional hire because his weight posed significant health and safety risks associated with extreme obesity. why should the obese be a protected class, arthur? because, first of all, vu got to define owe he would he say city. i would like to think you were making a joke but i think i'm 20 pounds. i'm not joking i'm 20 pounds over my ideal weight. weighed 205 pounds. technically that's obese. do i think i should be protected? no. people who have a real problem. in other words, there are people who it doesn't matter what they eat. they just -- they are huge. those people need help the same way someone born without hand needs help. something you can't help. by pass operations and stern steps can you take. you can't force people to have an operation so they can go get a job. common sense has to dictate. >> however, let's be clear about. this distinction between

joey jackson, always good to see you. >> a pleasure. >>> coming up -- top of the hour, everybody. i'm ashleigh banfield sitting in for brooke baldwin today. president obama kicking off a two-state bus tour, ohio and pennsylvania. kicking that off early this morning, as well. two critical states towards his re-election as well. let's tick there through again, shall we? ohio, 20 electoral votes. that's a lot. barack obama carried ohio back in '08, roughly 52% of the vote back then. and he did even better in pennsylvania, ticked up by two there. he carried pennsylvania with 54% of the vote and pennsylvania another swing state with 21 electoral votes. cnn's dan lothian with us now from sandusky, ohio. you are off the bus, officially, and now we can see your smiling face. >> that's right. i'm on firm ground. >> good to know, terafirma. so give me the lay of the land. this is stop number two of four in ohio? >> reporter: right. this is stop number two, and the president will be arriving here about, i'd say, within the hour, we should be hearing from the president. it's also a big ice cr

. >> joey jackson, on the case. nice to see you. thanks so much.s over to my pal, wolf blitzer, who's in "the situation room." >> ashleigh, thanks very much. happening now the battle for the white house becomes the battle of the buses. president obama kicks off a major campaign tour in a critical battleground state. with the romney campaign hot on his trail. we'll explain. >>> and romney weighing in on the chances her husband will pick a woman to be his running mate. what she's now saying in a candid new interview. and the d.c. fire department puts medical emergencies and reports of dangling electrical wires on hold. guess why? to fill up a swimming pool right in the aftermath of friday's devastating storm. what happened? i'm wolf blitzer. you're in "the situation room." >>> all right. look at this. this was then pf president obama us bus last august making its way through the midwest. look a this. this is now president obama's bus with a seemingly new accessory front and center. we're talking about a presidential seal. it's a bold reminder as he k

joining me now joey jackson and mercedes colwin. move to strike. >> unbelievable. ave you ever found yourself on the receiving end of that, joey? >> once or twice. he clear had a meltdown. he was wrong and the reverend was wrong. i'm not saying two wrongs make a right. i'm saying that to make every one understand what we all know. as humans we have bad days an had a tipping point. i just hope his conduct is evaluated on balance. on this day he stepped over the bounds a little. does he deserve to lose his job over it? absolutely not. megyn: that he could have conceivably done. he was upset and if this man did leak his own home -- he hadn't paid his homeowner's association dues according to the defendant and the judge suspected the defendant of leaking that to the local paper. the wife is at home, she is disabled. the judge is not happy. does that justify the judge saying things like number two. sound bite number two. stand by. >> please understand that i will personally see to it that you never see a free day in your life. you understand that? you are going to jail.

joey jackson and mercedes.mething i haven't thought of which is why i'm going to go to you. is this legal? >> you have to consummate the marriage, in order to show that the marriage, there has to be consummated. the teen is living in the father's pent house living the life and housekeeper's daughter is living back in miami in a separate location. put them under oath and ask them this question and find out. >> gregg: there are a lot of husbands and wives that don't live together and a lot that do that probably shouldn't. >> that is great point. have a hearing and find out. the judge jumped to conclusions. is the marriage legitimate? under nevada law it appears to be lawful. why? because of the fact if you are 16 you have one parent's consent it's good. as a result of that they were married, he become emancipated and doesn't have to go to the boarding school but with the judge jumping to conclusion without making that determination, that troubles me. >> i didn't think it existed any more in the 50 states but it d

joey johnson is joey jackson is on the case. i can never talk enough about these cases.does not at all. can you imagine being on that plane that day when you have someone freaking out like that who is supposed to be the cap pain? in any defense, insanity defenses are infrequently used. less than 1% of the time is it raised and less than 1% of the time is it successful when it is raised. i think it's like .26%. what ends up happening is you don't just get set free. you go to a institution. you're evaluated, but then if a judge determines at some later point that you're capable and don't pose a threat or danger to society then ultimately, you're released. >> the judge is not alone. this is with the prosecutors and the victims have the right to have some input as well. it's really team of doctors that have to give you a clean bill of mental health before you get out. >> no question about it. ultimately, and you see these trial, doctors disagree, lawyers disagree. you're not going to have everyone in unison making the same decision. you want panel of people to evaluate. you

let's ask joey jackson and former prosecutor mercedes.l, google along with cal tech developing these automobiles. that means that google arguably would be able to track the use of those vehicles collect the data and then pass that along to marketers and advertisers, does that infringe on the privacy of those car owners? >> full disclosure, google is client to the firm. but having said that it doesn't change my analysis. there is no reasonable expectation to privacy when it comes to the issue. you have the individuals that purchase the item. they are going to be out on the streets. their names will be known, it has to be on the license. if there is an issue with respect to driving them. there are so many markers. there is no expectation for privacy. >> gregg: supreme court said she is right there. is no expectation of privacy in public place. there are cameras everywhere. how is this any different than the cameras that follow people? >> i think it's significantly different. when you talk about the expansion technology. we need to be protec