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tv   The Kelly File  FOX News  May 1, 2015 9:00pm-10:01pm PDT

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going on on the streets. we really appreciate the fact you're out there for fox news tonight. >> that will do it for us tonight. i'm juan williams. thank you for watching this breaking tonight a kelly file exclusive. police attack what they call a rush to judgment. after baltimore's top attorney files charges against all six police officers involved in the arrest of freddie gray. welcome to the kelly file everyone. it led to joyous celebration was antipolice protestors high fiving and supporters honking car horns some are suggesting protests had an impact in this case. >> to the people of baltimore, and demonstrators in america, i
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heard your call for no justice, no peace. your peace is sincerely needed as i work to deliver justice on behalf of this young man >> justice on behalf of this young man, not just justice. >> you'll hear tonight a baltimore police officer in his own words in our kelly file exclusive. he will tell us what the officers are saying and many in this department believe, he'll tell us why they're union attorney summed up their sentiment this afternoon. >> we believe actions today are an egregious rush to judgment and we have grave concerns about the prosecution. first, the status of the six officers. >> baltimore's top prosecutor
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faulted police conduct from the moment they came into contact with freddie gray. >> the findings coupled with the medical examiner's determination led us to believe we have probable cause to file criminal charges. >> she revealed during the fourth stop, the one where they picked up a second prisoner police knew freddie gray was unresponsive, and took no action. that would undermine
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>> officer got hit with a serious charge second degree depraved heart murder meaning prosecutors don't have to prove he intended to kill freddie gray. the attorney responded. >> we believe that these officers will be vindicated as they have done nothing wrong. i believe there rush to judgment. >> the union wants moseley to recuse herself from this case because of conflict of interest. that she was supportedly the lawyer for freddie gray's family and her city councilman husband who marched with protestors will
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have his political future impacted. >> there is a report that according to baltimore police department reporter with prosecute >> i have no knowledge of that. >> many baltimore residents applauded charges against police but one resident told the "new york times," quoting peace lost it's credibility. if it wasn't for the riot charges would not have been filed. now, the question is will it tip guilty verdicts to keep the peace? >> thank you. last night we promised you an interview with another source close to the officers now under arrest. one has been working with them
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for years. tonight on a kelly file exclusive, a baltimore cop tells us the officer's side of the story. he asked us to call him mike and we agreed for his safety to disguise his identity. >> mike thank you for being here. you know all six of the officers in this case. how do you know them? >> i work with all of them. >> how many have you spoken with since this incident with freddie gray? >> i have spoken with two of them. and i actually pretty lengthy conversations >> they related to you their take on what happened with freddie gray in that van? >> they did. >> let's start with whether they told you they believe he was injured outside of the van or inside of the van. >> they did not mention having knowledge he was injured until
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they got to the station you know freddie is where you go to arrest him on the streets he puts up a show and what not. so you know there wasn't anything out of the ordinary to them. and he was showing. >> baltimore pd is familiar with freddie gray. sounds like you have familiarity with him, too. >> i do. >> when you say he puts on a show what do you mean? >> so if he were in that van and shouting or jumping up and down would that have been unusual? >> absolutely not. >> so they -- you're telling me
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to get them to leave, they're telling you they believe he was fine until they found out there are four stop was the van, until the fifth was at the police station. they were there that fifth stop and realized he wasn't? >> that is correct. apparently they're saying he asked for an asthma pump relatively soon. and he made no indication. >> these are officers pursuing him or inside of the van? that were talking to you, explaining what happened? so these are the guys on the bikes right? >> that is correct. that is correct. >> were they -- did they have a
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knowledge of what happened inside of the van after closing the doors and one officer drove away with freddie? >> >> how did they know it was his head he was banging on the wall of the van opposed to his elbow. could they see him? >> and how did they describe
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it? >> why won't they put leg shackles on them from the beginning and, or buckle them in right from the beginning?
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>> when a passenger is being compliant you put the seat belt on. when they're not, you don't?
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>> so the -- those officers maintain when freddie gray went into that van he was walking of his own accord? i understand there had been a leaked medical examiner report that his injury that led to his death occurred inside of the van. some people on the streets rejected that based on limited snippets of video saying he wasn't using his legs before getting into the van. we've seen videotape where he was standing and appears to be stepping into the van, which would contradict that challenge. but who do the officers tell
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you? >> that is interesting and new information i have not yet heard. was -- according to these officers was there any altercation between them at all?
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for other than placing the suspect under arrest? did they hit him? >> absolutely not. you know they told me that you know they chased him because he ran. >> did they say why they arrested him in the first place? they have come under criticism saying they looked at him, he looked at them then he ran. there is no crime for doing
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that. >> right so what is he being charged with here? >> charged with a switch blade. my personal guess is that he was committing some -- distributing
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narcotics in that alley. >> was he known to do that in this area? >> when we come back i'll ask mike how can you be sure one of the officers did not hurt freddie? and what about that mystery stop? what is he hearing from the cop driving this van? that when our kelly file exclusive continues right after the break. i knew instaly that this! it's crest hd. it's amazing. new crest hd gives you a 6x healthier mouth and 6x whiter teeth in just one week. it gets practically every detail.
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breaking tonight we're back with a exclusive interview a baltimore police officer who worked for years with the six officers in this case and has spoken with the officers now charged with the death. watch. >> want to talk to you about what may have happened to freddie in that van the he mernling theory by some is that he did this to himself. something happened inside of the van he this to himself. whether intentional or not others say really? he receivered his own spinal
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cord? do you believe that is possible? >> how can you be sure? >> why do you think he didn't disclose that second stop about the van stopped a few times but
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didn't disclose a second stop only determined when reviewing surveillance video and saw it. they saw that freddie gray was alert and talking on that at that second stop. why would he not have disclosed it? many find that suspicious. >> was there any altercation between the driver of the van or any other officer and freddie gray on stops according to the cops? >> so when they saw him was he injured? was it just a shock to open at the police station and see he was catastrophically
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injured? >> do you believe that well first how do you know this? if you've only spoken to two cops on the bicycles and didn't go with the van how did they know there is no altercation that happened at any stop? and what condition freddie was in along the stops? they maintain he was fine on all stops, then it wasn't until they got to the police station they saw he was so badly injured?
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>> that is correct. >> that is stunning. the second prisoner came out and said well that washington post report that suggested i heard him banging his head and i thought he was trying to intentionally injure himself. washington post said in a police affidavit in support of that. he said that is not true i just heard some banging. i didn't know what it was. what do you make of that attempted you know walking back of the washington post report by the second prisoner?
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is there a gps or video that is attached to the van that might help authorities figure out what happened?
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>> nobody was with the officer driving the van, right? he was alone. did another officer meet him at any one of the stops? there are reports 1, or 2, may have. >> and did any of them ever enter the van to your knowledge? do you know if the second prisoner was seat belted in? what how did they describe the condition of freddie gray at the
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police station? they realized he had been hurt? >> did they describe their reaction at that moment? >> what are they going through
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now? >> do they have families? >> do you feel that? do they feel the department hung them out to dry? >> the answer to that when we come back and mike with strong words for the mayor. plus who he blames for the riots and what is likely to happen next that the baltimore police department deals with the fallout we watch protests tonight in baltimore new york city and beyond. right after the break.
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has hung them out to dry? >> when you say command help those of us who are not in baltimore tv. do you mean commissioner batts?
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>> who do you mean? >> commissioner batts and deputy commissioner rodriguez. >> how about the mayor? what do you make of her reaction to this?
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>> you're saying you believe she knows these cops did nothing wrong yet she's going out there saying we're going to get justice for freddie gray. presuming that he is the wronged party, the victim here? the only victim here? #
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>> let's talk about the response in baltimore. what were your instructions monday night? were you surprised the mayor did not institute a curfew on monday night? we'd seen protests all day?
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>> who said that? >> do you go out there? having anything thrown at you? seeing crimes committed? >> what were you guys saying to one another? watching it live people were throwing cement bricks at the police and firefighters there to
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try to protect the community. you know? several officers wound up getting injured. what were you saying
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to one another? >> what do you make of the mayor coming out? she, the police commissioner called these people rioting thugs. and then the mayor got pressure because she came out and said she took it back and said really they're just misguided young people who need our support. your thoughts on that?
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>> do you feel like you're getting support? >>
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right. >> has anyone taken that into consideration? it's been a white officer and black defendant we've been told that is the problem. that police forces are too white and too trigger happy when going after black
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defendants. >> so for viewers out there now, mike thinking this is a clear cut police brutality, the guy went into the van fine emerged from the van with a broken neck then died what do you want them to take away? >> do you have any beef with the department? do you have a sort of -- have
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you been disciplined? >> you have a clean record? describe what it is like to be a police officer in baltimore under stress we've seen this
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week. mike stay safe. and all the best to you. >> thank you. >> six officers have been charged in the death of freddie gray. will the charges stick? our legal panel weighs in, next. we were below the 88th southern parallel.
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but can they make the case? brian, let's me start with you on that testimonial we just heard from that baltimore police officer, which starkly contrasts from what we heard from the state's attorney today. >> well megan, i've dealt with a lot of these cases out here in california and what i call mike's testimony tonight is the houdini defense for the police department. in other >> a freddie gray is detained. he's perfectly fine. we throw him in the van. after the first stop he's okay. the second stop he's still chitchatting. and then gee whiz all of a sudden we get to the police station, and he's dead. he's not breathing. we didn't do anything wrong. that's going to be their defense in this case megyn. but i'll tell you where there's going to be a problem. in this case it's almost like that deduction we learned in law school where you go to bed, the streets are dry. you wake up in the morning, the streets are wet. what does that mean? it rained. here freddie gray was perfectly healthy, megyn, before the
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police officers detained him. and i don't think a jury is going to believe that this happened in the van. because he had three severed vertebrae. >> i think everything he said mark makes sense. something happened. how did he wind up dead. how did they get to in particular second-degree murder? that there was an intention, an intentional -- that that cop acted intentionally to cause his death? >> megyn, i share the concern there. let's say the jurors say, what you guys did was negligent. you should have buckled him in you shouldn't have treated him that way, it's negligent. that gets you money damages in civil court. what's needed for the manslaughter is culpable nellie jens gross negligence. that moves up the ladder of culpability. what's required for second-degree murder is a willful and wanton disregard of human life. i thought for sure when i heard the driver was charged, they must have evidence that the guy took sharp corners, and said we're going to get this guy, or
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somehow used force against him. that was absent. so i don't think this is a slam-dunk has many have alleged. >> moreover the charges, the manslaughter charges against the people who were present seem to be based, brian, on the fact that they're claiming that freddie gray was asking for medical help and none was provided. that's something the officers are going to deny. her information has got to come from the cops does it not? how would she know this if it were not from the cops? >> well megyn, whether these police officers believe that freddie needed medical help is not a subjective standard in the criminal trial. it's going to be a reasonable officer standard. and i think that you're going to get jurors out there, that simply aren't going to believe, megyn, the fact that how can freddie be thrown into this van, and -- by the way, he's screaming in that video. >> they said it wasn't unusual. they say that's not unusual for freddie. they say a lot of defendants to do that to try to get the cops
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to back off. >> i've been on numerous ride-alongs. these guys constantly i've seen myself when i was a prosecutor a lot of these guys will say, i need help you hurt me they're banging their own heads -- all that. break. don't go there's some facts about seaworld we'd like you to know. we don't collect killer whales from the wild. and haven't for 35 years. with the hightest standard of animal care in the world, our whales are healthy. they're thriving. i wouldn't work here if they weren't. and government research shows they live just as long as whales in the wild. caring for these whales, we have a great responsibility to get that right. and we take it very seriously. because we love them. and we know you love them too.
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legal panel. mark is this a show trial as allen dershowitz said today? he said there is no way they will get a conviction here. >> look at the climate. i think they'll need metal detectors to make sure they're not able to bring pitch forks into jury duty. the police department is not on trial. each individual defendant is. we've got to find out what each person did or didn't do. >> brian, the prosecutor the d.a. is already coming under fire for saying too much when she laid out her case today. did she reveal too much? >> i don't think so megyn. i think she had to lay out, not only the charges against the officers but the basis for those charges. if i might add, megyn, second-degree depraved murder in maryland doesn't require intent. it requires the officer to act in conscious disregard and he did that. >> i don't know about that. >> thank you, guys. we'll be right back. don't go away.
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to the vaccine or its ingredients if you have a weakened immune system, you may have a lower response to the vaccine. common side effects were pain, redness, or swelling at the injection site. limited arm movement, fatigue, head ache muscle or joint pain less appetite, chills, or rash. even if you've already been vaccinated with another pneumonia vaccine, prevnar 13® may help provide additional protection. get this one done. ask your healthcare professional about prevnar 13® today. we're taking your thoughts on our interview with mike. go to kelly file. legal me know what you think. thank you for watching everyone. i'm megyn kelly. this is "the kelly file." and here's sean, live. this is a fox news alert. i'm patricia stark. a fourth night of a citywide curfew is in effect in baltimore. riot police moving in swiftly, shortly after the 10:00 p.m. to
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5:00 a.m. curfew went into effect. the mood had been mostly celebratory with many cheering the state attorney's decision to charge the officers. freddie gray's stepfather is pleased with the decision. >> it's an important step in getting justice for freddie. and we ask that whoever comes to our city a city that we love a city that we live in come in peace. >> a lawyer for the police union says the officers did nothing wrong. and that the charges are, quote, an erroneous rush to judgment. the six officers have all been released on bond. i'm patricia stark. "hannity" starts now. thanks megyn. we have an exclusive interview with a colleague of the six officers who were charged in the death of freddie gray. in just a moment we'll have new insider information about what happened when freddie gray was