let's go to joey jackson and ask you the question. we also know that police officers are human beings and if you think your life is in danger and you fire off one shot, your adrenalin is going and maybe do you shoot multiple times. i don't know. >> not an excuse. not an excuse at all. i've been on the prosecutor side where i was a prosecutor in man that the an, on the defense side. police are human beings, we respect them and trust them we think they are there to protect and preserve and for the most part they do but this conduct is imexcusable. lethal force is the final alternative, not the last alternative, not the first option. second carle o, the proportional threat, the force you use has to be proportionate to the threat posed. if you're in a defensive position as a person breaking away, attempting to go, where is the threat? where is the eminent danger to your life, such that you have to -- somebody else's and so finally if it there is eminent danger, where is it, explain how and in the event that there is no eminent danger at a

i want to bring back our panel, don lemon, pamela brown, joey jackson and carissa mcgraw.hanks to all of you. >> i can tell you why it's being delayed if if you want to know. >> okay. >> i spoke with him on "new day" a little bit earlier and he said first he was doing interviews but he said before he put the name out there, he's going to do it shortly after 8:00 central time, 9:00 eastern. he wanted to consult with his attorneys, with legal counsel before releasing the name because they wanted to do it as gingerly and carefully as possible and didn't want the officer to receive any retaliation what have you and to make sure they were well within their legal rights with what they were releasing, probably why it's been delayed a bit. >> joey, tell us how those conversations might go. >> sure, what happens is, obviously you want to dot every "i" and cross every "t." it's a balancing test. there are rights of the officer to be protected and not to be harmed but there's the rights of the victim and the family and michael brown and what about him and so in balancing that, you ha

let's discuss this with hln legal analyst joey jackson and senior media correspondent brian stelter. the media has become a huge player in the protests, you capture the scene and sometimes become part of the story. we know the two journalists that were arrested this week in a mcdonald's, they're not facing charges as we understand it, but how do incidents like this and the coverage shape a viewer's understanding of the story? >> well, as always, the reporters are our eyes and ears there, and they're supplemented by citizen journalists, people on twitter and facebook, posting their own video answer photos sometimes angles reporters can't get to. last night some reporters were over in a specific area, the police allowed them to be in, they couldn't be as close to the area where there were protesters, for example, so we need both perspectives. we need professional reporters as well as citizen journalists so to speak on the ground and what the media says and does in these cases is so important because we're talk being a potentially incendiary situation. if you use the word riot for examp

. >> so i have hln legal analyst joey jackson with he moo. don lemon, you originally broke the audio on cnn tonight. now, don, let me just begin with you. talk to me about this apps authentication, this time stamp you are learning about. >> the app is called glide. they authenticated it around the time of that shooting on august 9th, which was 12:01 central. we had been reporting it happened right afternoon. they believe it is authentic. the fbi has the information and they are checking into it as well. >> joey jackson, how does this change things? >> it es an important development, brook. in order for anything to be admission i believe in court, it has to be authenticated. there are two real criteria. one is that it is relevant. we certainly know and believe this is relevant. the other is that it is authentic. we could rely upon. we know it could be relied upon and could go into court. how it is used, brook, is always the open question. >> audio experts have said, take a listen to this audio. it is quick, a pause between the first six shots

let's bring in our legal analyst and criminal defense attorney joey jackson and joined by cnn legal analyst and criminal defense attorney paul callan and also a prosecutor, which is also helpful had in this situation. joey, how can you are he lie on eyewitness accounts when there are different versions that contradict one another? >> good morning, carol and paul. paul i'm sure will agree with this, generally what happens different witnesses see different things and come into event at different times so whether you're a prosecutor or defense attorney, it is not uncommon at all, in fact it's likely that different witnesses will tell different versions. now, in taking that into consideration, and paul will appreciate it, i tried a case last month in brooklyn, paul you were a homicide prosecutor there, four different witnesses seeing four different things. your job as defense attorney is to exploit that. from a prosecution's perspective you'll reconcile that briefly. in the event you look in michael brown's case and says a witness i didn't see his hands up at the shot. it could be the witness w

joey jackson, mark o'mara, thank you, gentlemen. really appreciate you being here. >>> remember the original headline, leaders say justice will heal. what i would have written, key question now, what would a reasonable cop have done? congressman paul ryan says isis is a huge threat to u.s. security. he says the u.s. has to confront the terrorists where they are so it won't have to confront them on american soil. the wisconsin republican sits down with me. ♪ ♪ ♪ trouble makers. ♪ dreamer of dreamers. ♪ ♪ we are the y-a-o! ♪ (chinese singing) ♪ oh... oh... oh... oh... ♪ so nice, so ni-i-i-ce ♪ sweet, sweet st. thomas nice ♪ so nice, so ni-i-i-ce ♪ st. croix, full of pure vibes ♪ ♪ so nice, so ni-i-i-ce ♪ st. john, a real paradise ♪ so nice, so ni-i-i-ce ♪ proud to be from the virgin islands ♪ ♪ and the whole place nice to experience your virgin islands nice, book one of our summer packages today. dunk,eady to crack, virgin islands nice, book one dip... it's crabfest at red lobster! the year's largest variety of crab! like new! crab lo

hln legal analyst joey jackson is here in new york city and criminal defense attorney mark o'mara joinse from florida. it is interesting, but frankly irrelevant details in the case. what is the narrow issue that is confronted by the grand jury? >> whether or not this officer was in reasonable fear of great bodily injury when he decided to use deadly force against michael brown. that sentence is the only thing that is really relevant in this case. >> what does reasonable mean in that circumstance? reason to us? reasonable to him? >> it is sort of a reasonable person's standard. it is an objective standard. it is not what is looked at in the light of day or looked at a videotape and crush it by every second. it is what the officer is going through or any person going through at the moment they decide to use that force. you have to look at that it happens in literally a second. his decision processing was shorter than that. if you want to look at what he was considering, if there was a violent event at the car, that is relevant. when someone takes off and they are supposed to be apprehende

"hln" legal analyst and criminal defense attorney, joey jackson. two go because this is awesome. but first before i get to rick perry, how is this woman still actually practicing and sitting in office? >> joey jackson, how many times have you stopped by dui court and you see a lawyer buddy who practices civil, and you say hey, what are you doing here? and they're all sheepish. >> they're reluctant to tell you. then their lawyer comes in and goes aha, that's what's going on. more people have duis than you could ever imagine. they keep it quiet. and lawyers are not immune to this. however, prosecutors do have a heightened duty in that they take an office, whether they're elected or an assistant district attorney to take that office that prosecute -- there's clearly a conflict of interest issue here. in different jurisdictions, i've seen different things. some stay on the job. others resign. others have an attorney general take over the prosecution. it's all over the board. >> so this d.a. was caught on tape saying to those officers processing here, y

and joey jackson. own family, of course this is the family that everyone's concerned about t center of this what's happening here. is the family, they are getting that independent autopsy, is that the right thing to do? >> good morning, victor. i absolutely believe it is. here's why. it's all about the integrity of the investigation. having information that is reliable so the family can be clear as to what happened. so i think a step in retaining an independent expert and michael baden obviously he's renowned, very skilled at what he does, he is efficient. i know him well. i think you know, bringing in a person like that would be a good step in terms of getting fresh information that the family can rely upon as opposed to relying upon what they are told, victor. >> tom, our twitter followers have been sending in questions about ferguson and what's happening here. they are using the hash tag ferguson qs. one, were forensics, et cetera, done on the police suv? >> yes. that would be absolutely normal proce

i want to bring in joey jackson. an, you stick around. >> joey, why doesn't the governor say, you know, maybe it is time for a special prosecutor, because we don't want any controversy surrounding these grand jury proceedings. why take the chance? >> good morning, carol, jean. it's certainly within the governor's prerogative to step in. when you look at a case like this, it has so much to do with public confidence and with the public wanting and needing justice, whatever that is. so the concern, when it comes to a grand jury is that there are secretive proceedings and it's built that way and designed to protect the integrity of it. therein lies the problem. the people want it to be public. why is he pursuing a grand jury as opposed to a criminal complaint where you would then have a court preliminary hearing to determine if there's probable cause for the arrest. if it went that way, carol, what would happen is that the evidence would be made public, it would be challenged in public, and it would be for everyone to see

cnn legal analyst joey jackson joins me now.e had this forensic expert analyze the tape and he heard ten gunshots in nine seconds. what does that tell you anything about the shooting? >> it could be spun different ways, carol. let's start here. when the grand jury examines this, it's going to come down whether it was necessary and necessary in order for darren wilson to take these steps against michael brown? you have to assess the threat, what was the immediacy of the threat, and what's the proportionality of the threat. the prosecution will spin it one way. they will say it was excessive. overkill. certainly in the sense you are firing against someone who is unarmed. the defense will say it was necessary and proper and appropriate for him to discharge his firearm. why? because michael brown was coming toward him. you have to analyze this in conjunction with all the other evidence. >> everybody says there's a little gap after six shots and four more shots. everyone says that gap is the most important thing you hear in this tape

for the legal view, i want to bring in hln legal analyst and defense attorney joey jackson and cnn legalnalyst and former federal prosecutor sunny hostin. joey, from a defense perspective, you listen to these shots, okay, how do you defend what it is you're hearing on that audio recording on behalf of the police officer? >> sure, here's what's going to happen, when you evaluate this evidence, there's really a three-step process it the first thing was, was their threats being posed at the time there was fire. if the answer is yes, you look tb the immediacy of that threat. then you look at the proportionality of it. so a good prosecutor is going to turn that another way. i know you'll get to sunny shortly for that point of view. from a defense perspective, what you're going to say is the officer was under attack at the time. there was a ness safety to fire based upon him feeling that he was subject to immediate attack. he was subject to fear. he was subject to harm. that's what the defense will say. you look to the issue of the pause. why was that necessary? because police are trained to s

let me bring in cnn commentator, elsie, joey jackson and aisha salton.elcome to all of you. >> thank you, carol. good morning into good morning. >> good morning. aisha, i want to start with you. aisha is not here? okay. so i'll start with l.c. aisha will join us shortly. l.z., this massive show of force, the tear gas, rubber bullets, riot gear, was it too much? >> well, we've been seeing over the past five to ten years a slow growing militarization of local authorities to begin with that has been, you know, slowly raising the concerns of some people who have been paying attention and now we have all these videos and images to see much larger portion of the country has become alarmed by this. when you start giving police officers the type of military equipment they have, without the proper training, without proper racial training, it's a recipe for disaster. yes, that's too much but this isn't just the only town suffering from this sort of overuse of police authority. >> all right. we'll get into that in just a minute. i want to ask a question of aisha, s

i want to bring in legal analyst danny and hln analyst joey jackson. danny, start with you here.because we just downloaded a bunch of information right there. >> that's a lot. >> people want to know about this case is, did the jury decide for the defendant simply because they felt bad for him and felt that if he did, in fact, kill this man, he had a right to? couple things going on and one is probably what joey is thinking. jury nullification. juries have the power but never told they have this power, to issue -- ultimately when they go in the room they can decide on whatever verdict they want. they have the power even if a conviction should be had to acquit a defendant and may have exercised that although we as attorneys can never let them know they have that power. the other thing to add is this, this case is amazing because the jury clearly made some kind of credibility judgment on the two passengers in the victim's car because logically there's an inescapable conclusion here. they must have believed, the jury, those two guys in the car are the kind of guys who potentially cou

i'm joined by criminal defense attorneys, joey jackson and mark o'mara.now about the grand jury. we now know the makeup of that grand jury, six white men, three white women, two black women, one black man. if i could start with you, mark, does the racial makeup of the jury, in your experience, particularly in cases like this where race is clearly a factor, does it make a difference? >> i think it makes a difference because of the perception. as far as a legal side of it, as long as the pool from which the grand jury was picked is not infected with a racial bias, than even had there been 12 white people, it would have been a proper grand jury, but i have to say, i'm very glad that we have a grand jury that mirrors the community in that county because it's going to be a lot easier for whatever they do to be accepted because we can't be ignorant that racial component is a huge part of the michael brown case. >> joey, do you agree, even with the 9-3 split, i see an twiter of number people responding, why isn't it 9-3 the other way in light of people involved?

let's bring in hln legal analyst joey jackson. good morning. >> good morning. >> you, too, joey. right out of the gate here. how dot facts about the robbery relate to a shooting from a legal standpoint? >> you know what happens is, is that many people are questioning, christi, of course, the timing of the release of that and whether or not it's even relevant to it. now, you can argue that it it would be relevant, if the officer, darren wilson when he approached michael brown at the time, if he had any knowledge to that robbery, was pursuing that robbery, was looking for suspects from that robbery, if that were the case and it appears to be from tom jackson, the police chief, it was not. but it goes to darren wilson's state of mine as to whether or not he thought he might be armed or whether he thought he might be dangerous. there being no connection apparently from what darren wilson was doing. saying he was jay walking and stopped. it has nothing at all to do with the ultimate incident which was the taking of his life. the final point on that issue, christi. th

joining me now, mark o'meara, mark geragos, joey jackson and jean casarez here live on the set with me. mark geragos, first to you, what don lemon reported, these according to the community are separate incidents, the incident reports released, and then ultimately the confrontation and shooting of mike brown, separate, shouldn't be considered part of the same thing, and yet how can they not be? you read through the report. >> they're clearly related. i do agree with the community who thinks it looks fishy. because they purposely released the officer's name the same day they released this stuff. they're hoping from a public relations standpoint that you're going to trump that by doing a little character assassination first. >> is that deflection or context? >> that's deflection. >> releasing those two things together. >> they waited. they had this, as you know, they had the tape as early as the following day and claimed they couldn't open it because their computer system didn't work. so part of the keystone cops nature of this whole investigation. >> i'd like you to weigh in. >> sure, a

we have with us legal analyst and defense attorney joey jackson. the grand jury process. there's a lot we will not know about them because of the inherent secrecy of the process. we know that the 12-member panel consists of three black members, nine white members. is there -- i'll tell you there is a concern but is there a warranted concern, a valid concern because of the racial makeup of the grand jury? >> well, you know what happens, good morning. ultimately the grand jury as we know will be presented with all of the evidence in the case and they have to make a decision. now, understanding of course that of the 12 members of the grand jury, nine of them have to vote an indictment. indictment would be accusation, it doesn't establish guilt, it doesn't say you are automatically as a result of it culpable for anything. let the trial process continue. so by virtue of the grand jury process the first thing that we have to understand is that they are merely there to determine whether there is probable cause to believe that a crime was committed and tha

with us this morning, joey jackson, hln legal analyst and criminal defense attorney and paul callan,ork city homicide prosecutor. paul, start with you. sta start with not what we know but about to know. we're about to know the name of the officer who fired that gun. what do you think that does to the kmurchlt or just community, legal jeopardy is this officer in? >> we know remarkably little about the facts of the case considering the level of violence going on in ferguson, missouri. usually in these shootings, the investigation is a lot more open and transparent. the reason, to give the public confidence that law enforcement authorities are doing what they're supposed to do. instead, in this case, the officer's name was kept secret, and that's very unusual, because it creates the impression that there's a cover-up going on, and it increases this conspiracy theory in the community, and i think that's been a major problem in the investigation. >> so that comes out today and at least that conspiracy part of it, perhaps, will subside a little bit. joey, the case itself, we heard interest

joey jackson thanks so much.his new development, so you can join chris cuomo at 11:00 a.m. eastern on our facebook page for a chat about what happens next, as you know, chris has been covering this from the beginning. it's facebook.com/newday and tweet all of us, find m me @alisyncamerota. >>> in the middle east, palestinian officials say new israeli air strikes destroyed one of ngata zha's tallest apartment and official buildings. israel says the building was the hamas command center. palestinian officials say nine people were killed. all of this while egypt is reportedly trying to revive cease-fire talks that continue. >>> ukraine says it captured ten russian soldiers who crossed the border into the donetsk region. russian media says the soldiers likely crossed over by mistake, this as ukraine now says a russian helicopter opened fire on a border post monday, killing four ukrainian soldiers. russia, for its part, has denied involvement. today ukrainian president petro poroshenko is expected to meet with russian

about that and more with cnn law enforcement and lest tom fuentes as well as hln legal analyst, joey jackson situation where tensions are all right heightened, you have people at the boiling point. you have people expressing their views as is their constitutional right to do so. and you would certainly expect that everybody behaves accordingly, certainly protesters doing their part to act in accord are dance with the law. so when f you see law enforcement who's trained for stressful situations, and i get the fact that they're out there and understand that they are very tense situations. but you don't want it to be exacerbated. you don't want fuel to be flame to the fire. it's already combustible. so when you see this happening -- rightfully and appropriately this officer has abrntly been disciplined or apparently at this point he's not on the street which is where he does not belong. >> yeah, i believe he is suspended at this point. tom, you're watching this. from a law enforcement perspective, how dangerous is it to have someone, an officer with that weapon losing his cool? >> very dangerou

bring in joey jackson, hln legal analyst and a cnn political commentator. good to have you goethe, gentlemen start with you, you tweeted yesterday you spoke with an eyewitness of the shooting. what did you hear from this eyewitness? >> i spoke to her a few days ago, and she talked about her vantage point during the shooting which was down stare dn the apartment complex. she described that michael brown was running. that he was shot with ace hands in the air and that once he was shot the first time he dropped to his knees and was hit again several times and hit again before hitting the ground. the idea being he was not charges towards the officer but instead was about -- she said about 25 feet away with his hands in the air. i asked her repeatedly, you know, was there any chance hi behavior could be viewed as aggressive? no way. he was literally running for his life. >> an fbi source tells cnn the fbi interviewed 200 people, knocked on 400 doors so that federal investigation, of course, continues. what's happening here locally, though. joey, we've learned ab