walter madison, joey jackson and cedric alexander. ice department now probe. joey you first. we heard from athena. the justice department has already completed a two-year investigation looking into the practices of cleveland police. and now they will be looking into the testimony, the real path of this verdict today. how unusual is that or is that expected given that they had already investigated cleveland police? >> you know fredricka, this will be the new normal just based on the climate throughout the country concerning police activities and citizens. and really to restore some sense of public trust so that the public knows that law enforcement is really looking at these matters with a fine tooth comb. understand as you mention, the prior investigation from the civil rights division was based upon the pattern and practices of the department itself. this will be specific as to brelo's conduct and make no mistake about it what the standard is is very high. you would have to show in any civil rights prosecution, should that be the case

so joey jackson, we're not done on this topic. still going on. live for us. and that other story.he prosecution in colorado. in the movie theater shooting trial they are trying to paint james holmes as a monster, as witnesses describe the terrifying attack. >> it sounded from what i could determine that gunman was just walking back and forth in front of the screen just spraying. >> such emotional testimony live to colorado next. >>> what happened in theater nine on july 20th 20, 12, was horrific and this morning, more victims of the colorado movie theater shooting took the stand to describe that bloody scene. james holmes is on trial for the murder of 12 people, 70 other people were hurt, including dense niece axelrod, a newlywed who went to see the batman movie with her husband and friend and when she heard a pop and the first gunshot. >> my husband grabbed me firmly by the back of the neck and threw me to the ground and he tried to cover me with his body. my head was roughly in between his knees and he was covering the upper half of me. he told me don't scream. so i just tried t

joining me sarah sidner live in baltimore along with hln legal analyst joey jackson. we in this battle of words already? has it actually becomes battle of paperwork and is there a response from the prosecutor about this demand? >> there's no response yet. the prosecutor has been pretty clear in saying she does not want to try this case in the media. although she did read the charges out in her initial press conference when she announced that she was going to be charging these six officers with very serious charges including second-degree murder. what we have seen is a motion filed, 109 pages, by the attorneys for the six officers and really, what's listed in that, some of the main points have to do with conflicts of interests they see and are alleging, relationships she has, for example, with the attorney for freddie gray's family, relationships she may have with potential witnesses, the fact that her office went in and did its own investigation into the case separate from the police investigation. so there are some things that have come up. even the relationship with

joey jackson is back with us.there anything that can happen in the garner case now that this grand jury decided not to indict, is there anything that can happen? >> two things that could happen, victor. one the family and certainly the community continue to press for the district attorney to represent the case but unlyle the district attorney could would do that. it's their decision to make but the second issue if you get the federal government perhaps to level and move forward with the federal matter. now, it's a harder standard and we have talked about this before because from a federal perspective, you have to prove evilness, wickedness in respect to the civil right and not to use force against you. it's what the federal government wants to do in terms of moving forward in that case. >> let's talk about the movement of the freddie gray case from "the baltimore sun." they were granted exclusive access to the police department's investigation. they reported that the police department found that one of its officer

with me criminal defense attorney and hln legal analyst, joey jackson. officer, neill franklin. guys thanks for being here. as we hear the drums of the jubilant marching bands that have come to city hall certainly a change of what we've seen the past week. >> very talented by the way. >> very talented and good dancers as well. on a much more serious note look this is a community, many have risen up neill because they said former colleagues of yours, current baltimore police officers do not understand them are not there to help them. and the officers you know their job is to -- is to protect these communities. and frankly, there are a lot of good officers. so i'm wondering how you drudgebridge the gap. it's stunning to me to find there's no official survey that tracks officer-involved killings in this country. >> i did -- i started an online online -- a change.org petition for that. for the justice department to start tracking those killings around the country. because we have no idea of how many are occurring. but, again, that's after the fact. we have t

. >> i want to bring in cnn legal analyst, i should say hln legal analyst joey jackson. joey you watched this press conference and now what we're seeing is something that comes out of some criticism, and debate back and forth, over the last days. this issue of the knife that freddie gray was carrying when he was arrested. is it a legal knife? is it an ill leaf knifeegal knife? does it really matter. seems marilyn mosby going in the direction of you know what? whether that knife was legal or illegal or the arrest was legal or illegal, the concentration certainly rhetorically more on how he was treated once in custody? >> it appears so. good evening, brianna. absolutely. we should talk about what an indictment is all about. understand as defense lawyers love to point out, an indictment is an accusation. what it really means, there were 23 members assembled and we all should keep in mind the state's attorney is the one who delivered that evidence. in the grand jury they conduct the whole proceeding. there is no judge, no defense attorney. and there's no real cross-examinatio

we want to bring joey jackson into the conversation. of the things she said, is plea deal or going to a jury trial. when you look what we know about this case thus far, joey, what do you anticipate could happen? >> you know, it's always hard to predict, but i will say because of the underlying alleged misconduct, there may be some interest on the part of hastert's defense attorneys, and certainly the client, to avoid moving forward. obviously, in the event that they did have a trial, the lawyers would be arguing the past misconduct is not relevant to prove the crime charged. however, to the extent that it would attempt to explain why he was doing what he was doing, which, you know, look. the reality is this. it's your money, you can move the money. but if you require taking more than $10,000 out, there are certain reporting requirements that the bank has to engage in. the bigger issue is when he was taking 50 at a clip and the bank said you can't do this in july of 2002 or what are you doing and what is the basis of you doing it and if

joining us is joey jackson. at this, the first thing you think is, first of all, could she sue for discrimination and what would very to have compiled, what evidence would she need to get this case going? good morning to you. the reality it comes down to what your damages would be. absolutely, she can sue. then, of course a measure of how she was damaged and how she was affected and that will turn on the issue of humiliation. no one, of course, should be subjected to any type of discrimination. the country has taken great pains to really provide for people to exercise their religious freedom. you look at the first amendment. not only as it relates to freedom of speech but establish whatever religion you want and practice whatever religion you want. 14th amendment everybody is entitled to equal protection under the law. when you treat one person in a way you don't treat another person, it becomes problematic because we know, apparently according to the facts, a can of unopened beer was provided to another passeng

to talk to us more about this, now joining us is legal analyst joey jackson. so far. let's go through it. deputies say he had a blood alcohol level of .28. that's more than three times the legal level in new mexico, which is a .08. police made an audio recording of him. you heard part of it admitting to drinking beverages. he has a prior conviction in 1994. why hasn't he been charged with anything yet? >> it's a very good question. first, as to the evidence. it's very compelling. what happens is that when you get arrested for dwu, you blow into a tube. you could decide not to but you lose your license. when you blow into the tube and the machine, you mentioned over three times, .08 is the standard. that registered what you blew. you look at that in addition to the audiotape or the videotape where he's speaking. the speech appears to be very slurred. also, he's wearing the shirt drink triple, whatever it is. but it's certainly a shirt that indicates what's on his mind. in any event, in addition to that, you have this child that's now dead. what is also confusin

legal analyst joey jackson and danny cevallos are with me here. are there parallels?w there certainly are parallels. a, you see a group of officers pursuing in eric garner's case him and he ends up dead. in the freddie gray case officers pursue him, he's dead. both asking for medical assistance not provided and both are dead. there is a difference in political environments. i'm from new york. eric garner from staten island. it was presented to a staten island grand jury. they opted not to indict. there are remedies there. >> there is no option similar to this city where the state's attorney can make recommendations for charges then a grand jury can indict? in new york it's straight to a grand jury so there is no intermediary? >> the reality is the local district attorney the staten island district attorney made the decision to present the case to the grand jury which is how we do things in new york. the matter in which a prosecutor presents a case has a lot to do with it. i say that as a former prosecutor who has presented cases to the grand jury and defense attorney

let's bring in criminal defense attorney joey jackson who is joining us now.>> good morning, alison. good to be with us. >> reporter: thank you. good to see you. how common of a move is this? how expected was it? >> it's a power play. there is one or two routes that could have been taken. the first is just, listen. settle this quietly and move on. you're beginning your professional career. you certainly don't want it to impair your endorsements. i think what jameis winston and his attorneys are doubling down saying we did not do this and i did not do this and i'm so confident about that we are going to move forward and we are going to be on the offensive about it and in doing so, they are making clear that he was cleared at every step of the process. the prosecutor looked into it, no charges. prior to that, the police investigated it and didn't recommend any charges. following that, the university, of course, had a two-day hearing this past december. he was cleared there. so what they are doing, alison, is saying, listen. this person, miss kensman has been con

i have joey jackson, criminal defense attorney and hln legal analyst. and sunny hostin, cnn legal analyst and former federal prosecutor. welcome to all of you. martin let me begin with you. tell me what you know. >> well this is coming to us from the lake mary police department. it was about 12:45 it was reported this afternoon when george zimmerman and another man were apparently involved in some sort of altercation. now, the police chief there is insinuating this had been an ongoing dispute. in other words, these two men had words and some kind of exchange in the past. i think one of the witnesses you're going to talk to there was word that a gun was waved by the other man. apparently -- or apparently george zimmerman was waving the gun. george zimmerman was allegedly waving a gun in traffic, and it was at that point the other man fired. now, the bullet went through the windshield of zimmerman's vehicle, we are being told. however, zimmerman was not hit directly by the bullet. he was hit by glass and perhaps other debris inside the vehicle. minor inju

the last moment, joey jackson is with me now. this knife, one officer charged said it was a legal arrest of freddie gray because he was carrying an illegal knife. his lawyer wants to see that knife. the state's attorney so far isn't turning over a picture of in a knife. should she? >> eventually absolutely the knife will be turned over. >> why eventually? why not now? >> there's a process. it's called the discovery process. if you're going to represent someone's interests, you need all of the information the prosecutor has to do that competently and you can do that in a way that doesn't impair your client's rights. in accordance with that process, it's turned over in time and that in time is not often what we criminal defense attorneys want which is now or yesterday. >> when city officials come out and say we'll be totally transparent, shouldn't they be totally transparent right away? >> they should. it would go a long way if we're talking about community trust and community relations, then absolutely getting the information out

and also joining us criminal defense attorney and hln analyst joey jackson. walt let me start with you, do you know anything about the judge presiding over the case? and what has been the, i guess feel in the community about this particular case? >> well you know the judge has been a fair judge all that i've known. and there's nothing to suggest that he has done or will do anything other than follow the law. the real question is -- what case or matters presented before him for him to make the decision and there's a lot of questions surrounding why only one officer was prosecuted or selected to be indicted. and the particular charge. because there's a serious question about causation. and how, how does any one person know that mr. brelo's bullets were the actual cause of death? or did he actually shoot a dead person? >> that's a good point. i was reading that the defense is arguing this is about 2.6 seconds. that the 2.6 seconds were when he jumped on to the car and the defense claims by that time both were already dead. that's according to a forensic patholog

with me now you joey jackson, hln's legal analyst and criminal defense attorney. also with me here in baltimore. criminal defense attorney mark o'mara who represented trayvon martin in the george zimmerman case. he's joining us in london and with me is sheryl dorsey. a retired los angeles police sergeant and a member of the national coalition of law enforcement officers for justice. joey let me begin with you first, because i mention there's both relief as well as there is some research. there are many people that we heard from the city who are excited about the idea that there have been charges brought. but there's reserve because anything can happen between now and potential trial. what do you see as the road ahead, as it pertains to these charges? >> sure fredricka. just breaking it down remember it's an indictment. what an indictment is an accusation that says two things one, there's probable cause to believe that a crime was committed and b, that the officers committed it. with it being an accusation it's part of due process, what does due process mean? notic

, might just impact what the jury decides, cnn legal analyst paul callan and hln legal analyst joey jacksonays astounded and amazed when we get to hear a defendant's voice in court because so often they will not take the stand and be questioned live. when you have tapes like this how much of an impact does someone who seems somewhat cat ta tonic have when the question, joey jackson, is about your sanity? i think it has an enormous impact. generally a defense attorney may advise their client not to testify for a variety of reasons. this is testimony and testimony being provided to the jury. obviously it's not the type of testimony he's on the witness stand but it's more telling than that because he's in a room and a psychologist is asking him questions. i would be asking if i'm a juror does he seem rationale, lucid, responsive, know the question posed and giving an explanation as to what question is. clearly there he appears to be quite sane. keep in mind, ashleigh, the question is, the ultimate question, were you sane at the time you engaged in this activity. and that's what the defense is

if they're not guilty, a jury will say so. >> joey jackson, tom fuentes, neil franklin thank you guys>>> coming up much more of our special coverage from baltimore. but also this news as it develops. an nyu student detained in north korea. what happened? we'll take you there live for the details, next. if you suffer from a dry mouth then you'll know how uncomfortable it can be. but did you know that the lack of saliva can also lead to tooth decay and bad breath? well, there is biotene specially formulated with moisturizers and lubricants... biotene can provide soothing relief and it helps keep your mouth healthy too. biotene, for people who suffer from a dry mouth. doug, we have the results, but first, we have a very special guest. come on out, flo! [house band playing] you have anything to say to flo? nah, i'll just let the results do the talking. [crowd booing] well, he can do that. we show our progressive direct rate and the rates of our competitors even if progressive isn't the lowest. it looks like progressive is not the lowest! ohhhh! when we return we'll find out whether doug i

for that i want to bring in hln legal analyst joey jackson and criminal defense attorney brian claypoolh of you. >> good morning, carol. >> joey i want to start with you because we were talking briefly in the commercial break about how dangerous routine traffic stops can be. >> you know interestingly enough carol, from my earliest days as a prosecutor when the officer would sit across from me and we would write up the charge i would say, so it was a routine traffic stop? and they would remind me that there's nothing at all that's routine about a traffic stop. and even you know it's a bad habit i might say it now and i'm reminded again, but unfortunately, you're reminded through cases like this. where you see it's anything but routine. an officer stops someone, apparently noted something was amiss, because they called for backup and now you have two people dead. so certainly a very dangerous job. and you know now it will move forward where there will be an accountability process and that accountability process starts today in terms of the court appearance when they're brought before the

tom few when tease, joey jackson, thanks so much. gentlemen, fantastic. >>> all right, we will have much more from baltimore. it is very quiet now because, again this is an interfaith rally taking place here on the plaza outside city hall and there is prayer on this sunday. we will be right back. s doing. so when i finally told my doctor, he said humira is for adults like me who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. and that in clinical studies the majority of patients on humira saw significant symptom relief. and many achieved remission. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common and if you've had tb hepatitis b, are prone to

. >> let's talk about this with hln legal analyst joey jackson right now. ey, i want to make something very, very clear here, this indictment against hardest has nothing to do with any alleged sexual misconduct. he's only being charged with evading the irs. let's focus on those three things we know for certain right now, what is the penalty here, and what do you think they have, based on what you've heard enough to prove it? >> sure, christi, good morning. and absolutely, that's an important distinction to point out. we don't know the specific knit of any alleged misconduct as it related to children. certainly, if they were minors at the time, certainly there would be statute of limitation issues that would be associated with those allegations, so what the fbi did, apparently according to this, we understand he was taking out $50,000 withdrawals from accounts that he owned and controlled. it was his own money. however, hour reporting requirements the statute provides if you take out as an individual, over $10,000, the bank has an obligation to report. appare

joined now by hln's joey jackson, cleveland attorney walter madison, who represents the tamir rice family out of cleveland and cnn law enforcement analyst cedric alexander. both cedric and walter are here with me in atlanta. let's talk more about the what's next here, joey, because the city says that they are looking into more administrative charges. but is it also likely that the families could pursue some sort of civil suits, given that the family members have expressed their very much disappointed in this. they even allege that the officers lied about the circumstances surrounding the shooting. >> sure, absolutely, fredricka. what will happen is this. we've already heard from the prosecutor, of course, during his press conference in relation to other charges that are forthcoming. apparently we understand that the grand jury has indicted five additional officers, not relating to the shooting but related to the chase and the indictment according to the prosecutor earlier was for dereliction of duty. should that chase have proceeded so there was an actual shooting later on. so there will

let's bring in hln legal analyst joey jackson. also with me a former police officer himself, also former fbi assistant director and cnn law enforcement analyst tom fuentes. joey let me begin with you. are you -- just your reaction to hearing what the attorney for the officer had to say there. >> i mean listen these trials are always hard-fought battles and i get that but the judge could have went either way. you can do the most fabulous lawyering in the universe and lose a case. you can do the worst lawyering and win a case. it comes down to this poppy. whenever you have a bench trial, remember that the judge is operating as the trier of fact and the concluder of law. so the judge is putting himself in the position of a jury and the judge is processing those facts. as the judge evaluated and went through the opinion, in giving the opinion, remember he discredited some expert testimony. that was very critical because it was expert testimony which would tending to show that the fatal shot was indeed fired by brelo. if you come to the

. >> joining me to talk about this legal analyst, joey jackson. >> good morning, carol. not surprised we are talking about this, are you? >> no because george zimmerman has been in a lot of trouble as of late. >> yes, he has. he has brushes with the law before and i have them here september 2013 domestic incident with ex-wife, and all the stuff you see on the screen here. the issue is going to be if he is charged could it be used in the case? here is a point. the person is judged by what you did today. character evidence is not admissible and you have to prove on the merits that i did what i did. the important points is not those old cases, but what will be important is what happened here? was there a background? was there a past? that's important because it goes to the issue of state of mind. in the event this other person fired a shot we want to know why? did he feel he was in fear? if we have a past history, it may show that i was in imminent fear. >> he is saying zimmerman waved a gun? couldn't he use stand your ground as a defense, which would be totally ironic? >>

justice reporter evan perez, our senior legal analyst, jeffrey toobin and the hln legal analyst, joey jacksoners charged in freddie gray's death do they have a case? >> i don't think they have a case. in the ferguson matter the death of michael brown. everyone was outraged that the prosecutor mr. mccullough, had a conflict of interest because he was on the same side as the cops. i think these prosecutors, they are elected, it is understood under certain circumstances that they will prosecute the police. they get campaign contributions from lawyers who have practices before before them. that's just how our system is set up. based on the facts that are available now, i don't see any conflict of interest that would justify taking her off the case. >> much more to discuss, we'll take a quick break and be right back. if you're running a business legalzoom has your back. over the last 10 years we've helped one million business owners get started. visit legalzoom today for the legal help you need to start and run your business. legalzoom. legal help is here. i have type 2 diabetes. i started with pi

the legal view, i want to bring in paul callon and former prosecutor and defense attorney joey jackson. guys, i think what we need to do here is that the viewers know what the task is like for these people who are in the jury room is actually show them what all these factors are. they need to think through. there are a lot of them. start with the statutory aggravating factors. death or injury resulting in death that occurred during the kmifgs a crime. he knowingly created grave risk or death to one or more persons. that he committed offense in heinous cruel and depraved manner. he intentionally killed and attempted to kill more than one person. and then this is the little child, killed martin richard, who was particularly vulnerable due to youth. those are the statutories. i want to go through the nonstatutory. we have aggravators. we have a long list to consider. >> he suggested others would be justified in committing acts of violence and terror against the united states. that he caused injury, harm and loss to crystal campbell, martin richard, lindsey liu and officer sean collier, he

joining us the criminal defense attorney and hln legal analyst joey jackson the president of the nationalcement executives. the cnn law enforcement analyst don lemon and cnn senior analyst jeffrey toobin. let me go around and get all of your reaction. don, first to you. what did you think? >> i think right now i -- my heart goes out to the family because i know they're grieving you know and one can only imagine that you're going to get something from this event to try to make it better some salve, some something. and then nothing comes of it. so first of all, i just want to say that my heart goes out to the family. and i think any human being regardless of what you think about what happened to tony robinson, you can't help but deal with that. but i would not want to be ishmail ozane right now. i know you said quickly. this is why i wouldn't want to be him. he said that right now, he said i would not- basically said it's not going to change anything when it comes to racial disparities or to the justice system. he said that it was based on facts and not based on emotion. and so he is walkin

let's talk to cnn legal analyst mel robins and hln legal analyst joey jackson about this.rowing projectiles at trains, apparently, we have been told is common. so much so it has a nickname "getting rocked." yak tram train might be one of three trains hit by somebody before this crash. we still don't know what caused the derailment obviously. looking at what we know up to this point, what does this mean for the engineer's liability? >> reporter: it's a great question. this is going to be a puzzle that all of these agencies are going to be needing to figure out. you know, the thing that is interesting to me about this and you got the fbi involved, while it does sound, at first watch, like it could be something that is common, you know, that projectiles are being hurled at trains all time, i think the fbi is involved because they are concerned it might be something more nefarious than simply a kid chucking rah rock outside of philadelphia at a train, given the convergence of other trains, that had had the same thing happened in the same vicinity around the same time. so they

this cnn law enforcement analyst harry houck and hln legal analyst and criminal defense attorney joey jacksonmorning. >> nice to see you here. so i'll start with you, joey. at least seven police officers who were involved in this incident invoked their fifth amendment rights. they refused to testify. there were no civilian witnesses. just dozens of police officers who were there on the scene. the cleveland prosecutors blamed the police union for their lack of testimony, and likened these police officers' silence to the actions of quote, an organized crime syndicate. >> ouch. >> that's harsh. >> it is harsh. but carol, that notwithstanding and that's rhetoric and i get that tensions flame high and the prosecutor wants conviction and the defense attorney wants an acquittal. ultimately the judge had a number of a lot of factual information to base the decision upon. let's start understanding that this was a bench trial. what that means is there's no jury and a judge acts as the finder of fact and puts himself in a position of a jury. it's also important to understand that based upon the judge's

joey jackson is here with former prosecutor dan shore. okay. former prosecutor dan shore, i've been talking about these cell phones like crazy because every time i see that video from the helicopter of all of them bikers texting away, waiting for their zip ties and waiting to be processed and taken off, i'm thinking who are you texting? what are you saying? and more importantly what did you say yesterday? >> exactly. because the theory of the prosecution there are so many people but there's a large criminal organization, so it doesn't necessarily matter what actions each took as long as they were communicating with other people, acting with other people and engaging in this wild -- >> conspiring, planning. >> any communication with other people before that were meeting up, we're going to have this conflict or i'm part of this biker gang that as the sergeant said is a criminal organization, that's all very important evidence for the prosecution. >> joey, no one is expecting that someone says on his cell phone, i am going to likely capitally murd

defense attorney joey jackson and cnn analyst dan yny sevelas. whenever you see the pictures, it looks like a big brightly lit clean glossy strict prison but it's a lot more. >> danny and i were speaking about this and in visiting our clients in prison, whether it's a super max or not, i mean, you know, it's not a place certainly that you want to be. now, you compound that with going to a jail like this where you had people who are the worst of the worst. you described who those people were. terrorists, traitors. and it's really designed, really, to make you mentally nuts. you're in a room all by yourself 23 hours a day. one day out. you have a window, four inches, you know, where you look outside. concrete desk, concrete chair. so certainly a place -- >> and neighbors like that. >> a place you wouldn't want to be. >> this comes from a lawsuit that's been filed by some inmates who i'm sure very few people have sympathy for, but i want you to read what some of them have been sort of -- i want to say -- the solid, the solitude has led them to do. o

and also joining us is joey jackson and tom fuentes.alter, we do anticipate a decision soon in the tamir rice case. how does the judge's verdict in this case in cleveland yesterday affect your thinking about what is going to happen with the tamir rice case? >> it's discouraging. you heard the county prosecutor argue to the judge the training, the behavior of this officer are the reasons why they felt he should have been convict of a crime. what we have on video, a complete deviation from training protocol and anything reason to drive upon a suspect that they believe to have had a gun. listening to their own words. and if we have yet to have an arrest and yet for them to conclude this investigation after six long months, then i don't believe there's much hope. >> now, this case that was decided yesterday, in fact, there are five other police supervisors who have been charged with dereliction of duty. there is a chance for more legal exposure involving the cleveland police and the case yesterday. >> but those are low level charges. those

enforcement analyst and former fbi assistant director and also noted criminal defense attorneys joey jacksonanny cevalcevall cevallo let's talk about what is next for the investigation. is there more work to be done? this is really just the beginning, right, joey? >> absolutely is. certainly there's work to be done but of course the state attorney has been doing the work because she's conducted an independent investigation. it's interesting, don, each of the charges apparently are very specific to each officer in terms of the conduct that she's alleged to have engaged in. for example the false imprisonment charges. she's adam ant she feels there was not any probable cause for the arrest in the first instance. that's why you see the false imprisonment charges as to the officers involved in apprehending freddie gray and also don if you look at the depraved heart murder, second-degree murder, depraved indifference she's saying that driver knowing that freddie gray was ailing that he was asking for an inhaler, he was not buckled up, he went, ignored that and picked up another driver instead, so

. >> so this things know my lawyers right here, hln legal analyst joey jackson and legal analyst phillip holloway and safety analyst and former faa safety inspector. i need to go to you right off the back. what the attorney said had me wondering about how you stop a train from going 106 miles an hour. that lawyer told george that the last thing his client remembered was quote, trying to reduce the speed. but then when pressed by george, he said he doesn't remember hitting the emergency brake. so, with your knowledge of investigating this kind of an accident, how would an engineer possibly try to reduce speed before say perhaps hitting an emergency brake? >> well, the only thing he could do is reduce the throttle, pull the throttles back which is recorded on the train event recorder. and they will know that later, in fact he did reduce the throttles or when the throttles were put forward, when they were put back. so they'll have a direct reading on to when he actually reduced power versus when he pulled the emergency brake. >> david, if he did that, if he tried to reduce the speed by pull

hln's legal analyst joey jackson back with me as well.u first to ask you, what is that odd to see indictments different from the charges? >> no, not necessarily. i think this is certainly a big move towards the prosecution and here's why. with the false imprisonment charge it becomes about the knife because if the knife was legal, then the police say, i didn't falsely imprison anyone. i had a right under a united states supreme court case in 2000 that said if somebody is in a high crime area and flee because it's suggestive of guilt not indixtive, you can chase them pat and frisk them. in order to arrest them they have to have done something of a criminal variety. in the event the knife is legal what did they do as a crime. this takes out that equation because from the prosecution's theory and perspective it is not about the knife it is about the conduct as to freddie gray. how did he end up dead and that's what the charges are about and that's what prosecution is going to be seeking to prove. >> let me -- you make perfect sense as you al

. >> cnn legal analyst, hln legal analyst joey jackson with us. you have helen prejean on the stand saying dzhokhar tsarnaev is remorseful. the defense would not put dzhokhar tsarnaev on the stand. >> it is him testifying through a nun so that's powerful. as deb says, very limited testimony. it was a major victory for the defense in as much as you have a nun vouching as to the character. he was remorseful. he was approachable. talking about discussions she had with him. at the same time, it was big for the prosecution not allowing the nun to get into the death penalty. the moral underpinnings of the death penalty and why it lacked social value and why we should not impose it. she couldn't get into that. to the extent he was able to redeem him and show remorse for him has to impact the jury. >> the defense has been trying to do that. that's the entire point in the sentencing phase. they called relatives, classmates, people who have known tsarnaev trying to say that he was brainwashed and there are redeeming qualities. do you think the nun, do you t

joey jackson, danny cevallos both here. we are talking about six officers.e white, one woman here. the severity of the charges really do range. let's talk first about the van driver. he is facing the most serious of charnles. charges. >> he is facing depraved hard murder. we think of murder as an intentional killing. i wanted to kill so and so. there are categories of murder acknowledged not to be an intentional killing. sometimes if you act with such a wanton reckless disregard for human life the example i got in law school was you take a loaded gun and fire into a crowd of people. you do that maybe not intending to hit anyone but it's so likely that you will hit somebody that under the law we say we will still charge you with murder if someone is hit with a bullet and dies. that's the level of intent involved in depraved hard murder. high degree of recklessness. >> the prosecutor said i can't reveal all the evidence but they must have video showing the driving was so erratic that the people being carried were shuffled around so much to help support this no

legal analyst joey jackson here as well as cnn law enforcement analyst and president of the national ation of black law enforcement executives cedric alexander joining us from atlanta. thank you, both. joey, first to you, i know his attorney says that it's not about the number of shots fired, but when you take these facts into account, 137 shots, 49 shots total coming from officer brelo. >> right. >> 15, at least 15 of those shots coming from him standing on the hood of the car shooting directly into the windshield. >> that's right. >> how is this not manhattslaug. >> understand this which is very important, the judge was the trier of fact. the defendant waived a jury trial which is his right to have the case heard in front of a judge. what that means logically is that a jury could have concluded differently and another judge could have concluded differently on the issue of manslaughter, clearly someone died here, of course, two people died here, and the -- >> they were unarmed. >> absolutely. and some would argue that car served as a weapon. just to be clear, the judge based it upon

danny cevallos and legal analyst joey jackson. both of you when i think about organized crime, i think rico and what else can you throw at that many people in that big a me lay, effectively what will they do to get some of these charges to stick so? >> they're going to look at and we saw a little bit of it, some cell phone video. who knows that was cell phone video after the fact. who knows what exists what was happening during. what you have to do in charging people, pin specific factual activity to them. was there cell phone, surveillance. in addition they will look to forensic evidence, anything recovered it will be tested for prints, tested for dna, it will be tracked, specifically, to see were there bullets fired, who discharged the bullet, eyewitnesses who are obviously interviewed although you may have concerns because people are fearful in terms of intimidation and -- >> thank you for bringing that up. that was one of the first things i wondered about. talking about bike gangs, already about retribution and then these litt

weigh-in attorney and radio host mel ivory and hln legal analyst and criminal defense attorney joey jackson george zimmerman in the news? >> i was not surprised at all. certainly he's been in the spotlight. he continues to be in the spotlight. apparently he likes the spotlight. and as a result was just another day in paradise. but here's the issue. the issue really is not so much he's been embroiled in past instances because every case has to be judged on the merits of that case. >> absolutely. >> so what the attorneys will say in the event he was braugtd forward even though he was the one shot at but in the oechbt he was waving that gun and menacing that other person leading that other person to believe they needed to let off a round before he let off a round on him, these past instances of his misconduct may never see a light of day in the courtroom because of the fact they go to bad character, propensity and -- >> bad character and propensity. mo i want you to listen how zimmerman's lawyer described the confrontation. play the sound and i want your reaction. >> this fellow was taunting a

assistant director of the fbi and our law enforcement analyst and attorney and legal commentator here, joey jackson joined me as well. let's get back to the pictures and what's going on here in baltimore and get out to our correspondents. we want to get to ryan young, where we're hearing that police are videotaping these arrests and that's very important. ryan, talk to us about that. >> yes, sir. hey, don, i've seen this happen before during the occupy movement. but the officers obviously dealing with a lot of people complaining about how they are treated. have decided to use their own video equipment to film each person who is being arrested. there's a gentleman there with a white hat on, it looks like from here, and he has a small hand camera. every time the officers get ready to load someone in the back of this vn, he takes a video picture, looks like, of their face, as you see right there, backing up, and he takes a full body shot, and they are basically cataloguing each person as they're being put in the van. i'm sure they're doing this so they can show the custody and the fact that no one was

but i want to bring in hln legal analyst and criminal defense attorney joey jackson. ed to all of that evidence, all of the things they've got against him, joey, how is this guy not in some sort of custody or facing some form charge at some point? >> sure, christi, good morning. it's horrifying when you listen to interviews of his patients when they refer to his office as a torture chamber it gives you a semblance of what you're dealing with. in addition to that, in addition to having other patients coming forward as witnesses, you have former employees coming forward, et cetera. so understand there's two parallel things we can look to here. the first of course is the criminal investigation undertaken by the state attorney general's office, office of medicaid fraud. were whenever you're billing for unnecessary procedures or engaging into pat dispenses that's problematic and that, of course, is the investigation. oftentimes, the medicaid fraud and accusations, people accused of such thing, you would see either a criminal prosecution to the extent of jail time. or you ca

we want to discuss this further with former hln analyst joey jackson and mel robbins. t, why is an automatic appeal sentence in cases such as this? >> good morning, christi, and good morning, mel. the death penalty is the appellate process. even before you get there, what you're going to see is you're going to see a flurry of post trial motions by the attorneys. what does that mean? the first thing is inside baseball. there may be a number of technical things that went on in that courtroom that are not so much exposed to the public and for us. but attorneys for him feel are problematic enough to get the judge to perhaps vacate the sentence some in some way. certainly that's a hail mary, but it's something they're going to do. another thing they're going to do in the way of appeals, remember, the defense wanted that case moved out of boston. felt it was too close to home. couldn't get a fair trial there. they expressed upon that. the judge ruled the case, the judge said no went to the appellate court, said we're struggle here. i think you'll see appeals predicated on the

as much as i agree with joey jackson in theory, in fact these defendants are going to call experts to always complain of medical injuries. and again, joey yes, if there was some obvious need of medical attention. but what was that? and can they articulate that any reasonable person would have said this individual arrestee needs medical attention and needs it immediately. as to each of these officers individually. >> that shouldn't be a cop's determination. it should be a medical determination. >> i said last word. >> we could go all day. >> joey -- >> turn off his mic. >> i have a lot of questions. but i just sat back and watched you guys do your thing. impressive. thanks gentlemen. >> thank you. >> y'all are in trouble. you made her tear up her notes. that is not good fellas. >>> all right, isis continuing its push through syria and making major gains in iraq. now that the terror group has control of ramadi is baghdad next? we'll discuss that ahead. (music) i'm supposed to tell you how it feels when you book the perfect family vacation on hotels.com. but i think he's kinda nailing it

joining us criminal defense attorney hln legal analyst joey jackson along with the former assistant degreerfbi, joe fuentes. what's your reaction to what the police commissioner anthony batts just told our own evan perez. >> i'm not surprised at all for the following reasons that he wouldn't be given a bigger heads up in being notified about the charges. it's very important that the state's attorney be viewed as independent. and it's important that she allows the community to know that she works for them. she works for the state. she does not work for the commissioner. number two, it's important that she not be seen as incahoots in any way, as having consulted him in any way. and number three, in order to maintain the public trust and integrity of her office, she needed to move forward and she needed to really pursue this investigation in a way that didn't entangle the police department in it. in terms of the commissioner being surprised by the charges, that's a little surprising to me in that clearly, you know i believe he would have known something was forthcoming with regard to the event

joining us the former fbi assistant director tom fuentes, joey jackson and jeffrey toobin.ime has speck since tensions erupted after freddie gray's dead. eight homicides since last tuesday alone according to the "baltimore sun". the bottom line question baltimore is not out of the woods yet, is it? >> no it's not out of the wood yet, wolf. not at all. in there being this past weekend was inspired by the people and what they were doing. i think what they certainly appear to be doing is attempting to move forward and get matters together. and i think that there was some real sense of hope in their efforts at least from the county attorney in taking the first step in seeing whether or not these officers should be held accountable for what they did. i think that will go a long way in terms of the pursuit in the event there's an indictment and in the event there's a trial to sort of convey to the community that there's a real concern about them about what happens to them and any injustice whether by the police or those police be black, white, hispanic or anyone else or whether c

joining us is defense attorney joey jackson and cnn legal analyst and criminal defense attorney dannycriminal rather than just a terrible unfortunate malfunction? >> well that will depend upon ultimately whether they turned up. they being the u.s. attorney's office in manhattan with their investigators. they interviewed former employees and oftentimes they will give you queen for a day status. what does that mean alisyn? you as a former employee you come in you talk to me about what you do and when you do it. you get a limited immunity. >> when you say limited immunity then you can't be prosecuted ever or at that moment? >> it depends upon the nature you tell them how forthcoming you are, what you know. usually what happens is they can still prosecute you in the event you change your story from what you said that day. it can't be used in their case in chief against you, should you testify and you tell something different from that it becomes problematic. there was a lot gleend from that remember the melakos report a former federal prosecutor who put together a 375 page report and gave

let's talk about this with joey jackson and paul callan former new york city homicide prosecutor. s. >> good morning, alisyn. >> so the state's attorney can bypass a grand jury, why is that joey? >> there's a procedure set up and the procedure calls for either a preliminary hearing whereby you go in front of a judge and just establish your honor we have enough probable cause to move this matter forward. the judge having heard the evidence of course that they would lay out in such a preliminary hearing would make that decision. and usually, again, it's just a prima facie case just enough to show that these charges are warranted in accordance with the facts. that's one way. >> could they have done that in ferguson missouri and in new york city with eric garner and skipped the grand jury not indicting in all of the chaos that ensued? >> absolutely. everything that applied in ferguson applies under baltimore law. the prosecutor had a choice in ferguson. grand jury probable cause hearing. he got heavily criticized for going with the, quote, secret grand jury we'll see if this applies. s

let's ask our analyst and criminal defense attorney joey jackson and commentator.after mother's day, let us talk about this. what's the concern about her testimony? why is it causing so much controversy? >> well good morning, the reason why there is concern about this nun testifying is because in the language of a death penalty case this jury is what we call death qualified and it means that all 12 members of this jury have taken an oath. they say they are not quote morally opposed to the death penalty, mikaela. >> that they could under the appropriate circumstances impose the death penalty. what the defense wants to do is to put this nun on the stand who has spent decades counseling death row inmates. she is morally opposed to the death penalty. certainly what the prosecution is worried about you have a jury who can impose the penalty. now you will put on the leading anti-death penalty advocate no no no mikaela. >> so joey you select jurors that are not morally opposed and then you bring in someone who speaks from a moral center. it was you, would you ask? >> afte

by skype, gail saltz, author of "the psychology of living a lie" and hln legal analyst, joey jackson.does it show about holmes' frame of mind ahead of the killings would you say? >> what it shows to me is that there's areally significant leakage in terms of his homicidal i'dation and it goes back into time according to what he's writing, and he talks in parts in a logical way, as he lays out what's a good venue, what's not a good venue. this is leakage, though. and what's important is that this writing is not dynamic. so the next step the most logical step you have to sit down and talk to the person and determine, do you know the difference between right and wrong? did you understand the consequences of your behavior? so his journal is a tremendous jumping off point, but you have to go further than that. >> and, just talking about some of the things in the journal, a desire to kill violent thoughts obsession with killing, do the contents of that notebook notebook tell you whether or not holmes could meet the legal standard of insanity in this case? >> they don't tell you one way or th