mari newman, let's continue the conversation. let's see what the investigation yields.e been good if the family at that time had had an alternative pathologist look at it. that didn't happen, we've got to move forward from now. counselor, thank you very much. you're always welcome back on the show. >> thank you for having me. >> absolutely. please send our condolences to the family. just for the rest of you, suggesting that maybe it was mental illness is not a way of disparaging elijah mcclain. you can be nice, want to go home and have a mental illness. it's not an insult. i was offering an alternative theory of what officers could have reasonably perceived and not treated him as a criminal and not be physical. we've got to go away from this stigma that if there's something that is mental illness that there's something wrong with somebody, they're bad, let's get away from that. they could have handled it differently, period. >>> now, since the wave of protests swept the nation, we now have our clearest look at where voters in swing states are in this presidential race.

amy: mari newman, thank you for being with us, attorney for elijah mcclain's family.e will go to louisiana, where two environmental activists were charged with "terrorizing." we will find out why. stay with us. ♪ [music break] "my: "killing me softly performed byby violiniststs durg the justice for elijah mcclain proteststs over the weekekend, a violent vigil because he played the violin.. thisis is democracy now! i am amy goodman. as we had d to louisisiana, whwe two envivinmental acactivists fe up to 15 years in prison for leaving a box of plastic pellets found on the texas coast at the home of an oil and gas lobbyist in december. anne rolfes and kate mcintosh, members of the louisiana bucket brigade, turned themselves into the baton rouge police department thursday, facing "terrorizing" felony charges for the action, which was part of a campaign to raise awareness about plastic pollution. they both made $5,000 bail later that day and were released. the complaint against the activists claims they meant to cause fear when they left a box filled with plastic pellets,

elijah mcclain's killing, we go to denver, colorado, where e we're joined by his family's lawyer mari newmanher op-ed in the "denver post" is headlined, "colorado's police reform law will help rein in worst of law enforcement behavior." welcome to democracy now! it is good to have you with us, mari. if you can take us through once again what you understand and how it is possible that it is only almost a year later that the attorney general is now re-i-investigating this case and the officers are at work. what happened to him that night? >> you have given a great summary of whahat happened. you k know, it is really atrocis that it has taken almost a year for this case t to gain the kind of attenention that it should he gained immediately. back in november of last y year, we were standing on the stepspsf the menace of a building in aurora, colorado, demanding an independent ininvestigation, a all we heard w was crickets. of new mayorr was e elected aurora, mayor mike coffman, and even before he came intoo office he said his first order off busisiness would be to address this case. he did nothi

mari newman represents the family. >> don't you funding he really had grabbed someone's gun we wouldingerprints lifted from the gun? >> reporter: did you find any evidence that corroborates the officer who said he reached for the gun? >> i had no evidence to contradict that. >> reporter: mcclain's mother -- >> he wanted to help people. he was a massage therapist. he not only healed others but healed himself. he was able to accept love and give love in various forms. >> reporter: according to the district attorney's report, the medical examiner was unable to determine a cause of death. it is important to note that walking around with a ski mask is not illegal, and when you go back to the 911 call, the caller didn't say that eallegialijah i anything yell. the caller said, he might be a good guy, eartbreaking story. thank you. we'l who said that? the lady at the store. that is not a compliment. it's an ugly, nasty word. and you are gonna to hear it. nothing i can do about that. but you are not gonna let that word hurt you. you got your id? yeah. in case they stop you. now... ...when you