Setback in his attempt to delay his upcoming hearing in the january 6th case. The judge rejecting his legal teams request to push the hearing unless next week. Tonight, a defiant trump sounding off. Plus, Trench Warfare. Were going to take you to the front lines to see how one ukrainian soldier is risking his own life in order to bring comfort to the families of the fallen. It is a Special Report that you will see first here outfront. And the Suspected Gilgo BeachSerial Killer is now refusing to provide his dna to investigators. Why . The sheriff in the case will be outfront. Lets go outfront. Good evening, im erin burnett. Outfront tonight, rejection. Trump losing his effort to delay a Court Hearing in the january 6th case. The judge shutting down trumps efforts to move the hearing to next week, saying that it will happen this friday at 10 00 a. M. Eastern. Now, this puts trumps team in a Florida Court for a hearing in the maralago case thursday, and then friday in washington for a january 6th hearing. And even though trump himself doesnt have to be at these hearings, he is saying that his Court Calendar is blocking him from running his campaign for the white house. Im sorry, i wont be able to go to iowa today, i wont be able to go to New Hampshire today because im sitting in a courtroom on [ bleep ] because [ cheers and applause ] his Attorney General charged me with something. Now, again, hes not going to be sitting in a courtroom in these hearings so thats not true. But you heard him use the expletive. The crowd went on to chant it after trump said that. And of course even as trump is using these indictments to rile up these crowds, hes pumping his poll numbers. Legally the reality is that winning the 2024 election could be his best bet to avoid prison time. The frontrunner in the republican president ial field is currently facing 78 criminal charges in three separate criminal cases. And by the way, thats just those three, the possibility of a fourth indictment in georgia is looming any day. And as trumps indictments step by step move towards actual trials, the Special Counsel is not slowing down on more investigations, which involve trump. Today we know that the grand jury met for the First Time Since handing up that Election Indictment against trump in the january 6th case. The ct that theyre meeting, investigating raises questions about what theyre looking at, in part, about the six alleged coconspirators listed in that indictment that it dont appear to have been charged at this time. Perhaps they too could face federal charges. But it all comes as a defiant trump lashed out at the Special Counsel for trying to limit what trump can say about the 2020 January 6th case. This is all about election interference. But that isnt quite good enough. Crooked joe now wants the thug prosecutor, this deranged guy to file a court order, taking away my First Amendment right so that i cant speak. So listen to this. [ crowd reacts] we dont want you to speak about the case, the case is a ridiculous case, its a First Amendment case. But we dont want trump to speak. So, they want me they take away your rights on First Amendment. Now, the Special Counsel says the request to limit what trump can say is to, quote, Safeguard Witness Privacy and the integrity of those proceedings. Well, in english, what that means is to prevent trump when he gets the information in the aims of the people who spoke out against him from intimidating them from maybe naming them in those rallies where people are yelling bull, you know, and exposing them to the risk of violence. Jessica schneider is outfront live in washington to begin our coverage tonight. Jessica, what more are you learning about the judges response to trump tonight . Reporter yeah, tonight, erin, it really shows this judge is serious about moving this case along. Despite all those criticisms and even the calls for recusal that have come from trump and his legal team. Judge Tanya Chutkan has scheduled the first hearing in is. It will be friday morning at 10 00 a. M. , despite trumps lawyers saying they preferred a court date early next week. So trumps lawyers, they cited the fact that they have to be at that hearing in the classified Documents Ka Isin Florida On Thursday as part of the reason they wanted to push this to next week. But judge chutkan, she had made initially clear that she wanted this hearing scheduled by close of business on friday. So the judge really wants this hearing to happen quickly because it will determine what kind of protective order will be imposed on the evidence that prosecutors hand over to trump and his team. Erin, you mentioned it, meaning just how much of it will be kept out of public view. Trumps attorneys, theyre saying that in broad terms it will stifle trumps free speech if he cant talk freely about it. Prosecutors, though, saying that this is all a play from trump for pretrial publicity. This could be quite a fiery hearing that unfolds friday morning. Trump, though, will not actually be in the courtroom, his attorneys will. And its important to say that because he is saying that i cant be in the courtroom. That is false. You are getting another new filing from trumps team right now. Can you tell me what that is . Yeah, just minutes ago weve got this twopage motion where trumps legal team, theyre explaining theyre expecting to be extensive trial prep that will be needed for this case. And because of that extensive preparation, theyre making this motion to push back any start of a trial beyond the 70day window thats laid out in the speedy trial act. So theyre saying, look, this case is going to require Interviewing Hundreds of witnesses. They want to retain expert witnesses. They say theyre going to have to review terabytes of information. So, erin, with this filing tonight theyre once again signaling that theyre going to try to do all they can to delay any quick trial on this. Theyre saying they need to delay it because of the unprecedented nature of this case, and theyre expecting theyll need this drawnout time line. But weve already seen the judge in this case Tanya Chutkan moving very quickly. So well see how she ultimately responds to these calls to try to push the trial. All right, that is a crucial request. Thank you very much, jessica. I want to go to ryan goodman now, the former Special Counsel at the defense department, of course, and we also have the former head of the justice departments criminal division. He hired jack smith, and has remained in touch with him. So, let me just start with you on what trump did today, calling jack smith a deranged lunatic, attacking him on social media, as we all have seen, calls him a drug prosecutor, accuses him of acting at bidens request. How do you respond to these accusations . The president is just plain wrong. The truth is jack smith is a remarkable public servant. He has devoted decades of his life to fighting Violent Crime in new york, Public Corruption in new york, corrupt police officers, corrupt contractors and the like. Hes been a war crimes prosecutor to help people who have faced the greatest devastation and held War Criminals in kosovo to account. And now, once again, hes doing the work of the finest Public Servants in this nation. Jack smith is a man of tremendous integrity. Hes someone youd be proud to have as a friend, a brother, a son. Its outrageous to call him anything but what he really is, a man who has not cared about money, has time and again turned down making lots of money to serve the public year after year. So, ryan, what do you make of what jessicas just reporting, the filing they just said to try to delay this beyond the 70day window that you would have a speedy trial. Theyre saying hundreds of thousands of pages of documents, countless witnesses to interview. Do they have a point or not . I think they have something of a point that she might very well extend the amount of time. But not indefinitely. Its not that gigantic. So beyond 70 days but not not very much longer. I think that this trial can get on the ground pretty fast. And also because it sounds like the Department Of Justice is doing what theyre doing in the classified documents case. Theyre trying to give as much evidence to the defendant, former President Trump in this case, even ahead of what he has the right to get the evidence. Some evidence you only have the right to get it on the first day of trial. But they are giving a lot of it to them now. And what about this hearing . Here were talking days. But the thing being, well, one of the lawyers involved in the doj case for trump is also in the maralago case and theres a hearing on that thursday. And so he cant be ready friday. Do they have a point when they try to get these delays . Not on this one. Its actually an extraordinary document on their part that they sent in response to the judge. The judge said heres my order. The two sides should come together and give me times and days that you can make this work but just for a hearing wednesday, thursday, or friday. They reply back, well, we both want to be there, and we cant both be there on thursday, and friday is lost, no explanation and they ignore wednesday. Its highly disrespectful. I dont think thats unintentionally disrespectful in a certain sense. So she said you didnt say anything about friday so were going to do it friday at 10 00. I guess the point is its not a day off. But thats interesting to point that out. When you hear Trump Railing against smith, as you pointed out, hes been doing that frequently. Hes done this against other prosecutors who might still indict him. Fani willis calling her a young woman, a racist. Hes railed against mike pence. The list goes on and on. Mike pence is likely to be a witness. And i mentioned that very purposefully because my question to you is when you look at his behavior and what hes saying. His crowds are chanting bull, you know, to repeat him, when hes talking about this case. Can trump, will his words intimidate witnesses . Well, erin, i think they might. The president President Trump probably has the largest bully pulpit in the world. He has been aggressive in what he says. And for hes trying, i think, or the results of what he says could very well and likely intimidate witnesses and we know its happened in the past. Everything about the dynamic from the outside is that smith and his team want to go to court, are ready to go to court, have brought the indictment in remarkable time, and want to be before a judge and a jury. And everything it sounds like from President Trump and his team is they dont want to be anywhere near the courtroom, they want to continue to demonize people, not talk about the facts, and label people so that the crowds that you were playing before just get more and more upset and arent spending any time thinking about what are the real facts, what is the real law, and what should really happen in a courtroom. All right, thank you very much. And, next, a major leadership shakeup. Ron desantis replacing his Campaign Manager in an effort to reboot his campaign. Turmoil continuing there. The question is, has anyone ever been successful in a reset when theyre nearly 40 points behind . Plus, ukraines president tonight acknowledging the counteroffensive is difficult and slower than many had hoped. Were going to take you to the trenches literally inside those trenches on the front lines to see what ukraines forces are up against now. And troubling details emerging tonight about what was taking place just moments before that Black City Worker was attacked by a group of white boaters. How can you sleep on such a firm setting . Gab, mine is almost the same as yours. Almost is just another word for not as good as mine. Save 50 on e sleep Number Limited Edition smart bed. Plus, 36 month financing on select smart beds. Shop now only at sleep number. Works hard at hour one and twice as hard when you take it again the next day. So betty can be the. Barcode beat conductor. Lets be more than our allergies and for fast, allergy relief with a powerful decongestant, try zyrtecd. 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Dont cha wish your phone looked more like this . dont cha wish your phone could flex like this . dont cha wish your phone could fit in here . Dont cha . get a free storage upgrade when you preorder at verizon. Tonight, ron desantis making yet another major shakeup to his campaign, this time at the very top, the Florida Governor replacing his Campaign Manager with his longtime chief of staff, who is governor. This latest shakeup coming just two weeks after desantis fired a third of his Campaign Staff as he is struggling to gain ground against the threetimes indicted donald trump. So harry enten joins me now. The Desantis Campaign obviously is trying to reset. Yeah. And i guess lets look at it this way. Hes way behind, not gaining traction. But then again theres nobody else really nipping at his heels so he sort of can see it if i can turn this around, im still the next one in line. Okay, has anyone been successful resetting their be at this stage, with this big of a gap . A lot of people make the comparison with john mccain. He. And Rudy Giuliani also. Connecting the first and the second segment. John mccain was down by ju 14 points. Ron desantis is down by 38 points in the National Polls. You can go back and back and back. There is just no historical analogy that matches with someone as far back as desantis is right now coming back and actually winning a nomination. All right. So its interesting because tim scott, will hurd, one thing theyre all saying is you, gop, nominate trump, we lose to biden. Theyre all saying it to try to say pick somebody else. Desantis is obviously making that argument that, you know, you pick him in the primary, he wont win in the general. Is that true . I dont believe its true looking at the polling data. We always say, oh, trump manages to survive these indictments and still is leading the republican primary polls. But look at the National Polls against joe biden. Hes right now tied with joe biden. We just had a New York TimesSiena College po that came out last week. He was trailing last year. He gained three points on the margin relive to biden since the indictments happened. So this idea that donald trump cant win a General Election against joe biden, in my mind, is total fantasy looking at these National Polls right now. So, Ron Brownstein wrote an article saying how could it still be tied like that, how could it still be 4343 when you look at a threetimes indicted expresident. And still this country is split evenly. Cbs news d a fascinating Poll Question that says what is more concerning to you about the trump indictments, either a that theyre politically motivated or that trued to overturn the 2020 president ial election result. 30 said it was more cceing that the indictment was more politically motivated. That is whats going on. 24 both. To really just add another 12 to each. Its dead even on this. Its incredible. What an incredible moment. A hinge of history. Thanks very much, harry enten. So Joanna Goldberg is with me, along with the former Executive Director of the New York State democratic party. So, jonah, here we are, whatever moment were living in, its split, its split right down the middle. So, in this moment, youve got Trump Lashing out against everybody that loses. Mike pence, nancy pelosi, that was a real doozie. People can go look it up. The u. S. Womens socce found a way to slam them, and then i was struck by a line in the atlantic today that reads the former preside public behavior since Special Counsel jack smith indicted him lastk suggests a man feeling cornered. His handling of the case suggests a man rattled in a way he seldom has been before. Jonah, i dont know if you agree with that, but it is interesting that even if that is the case, the poll numbers simply do not show him being hurt at all. Yeah, so i agree with it a little bit. If you look at that Rally Footage of him, he does look like he ate a big bowl of bad clams. Hes sweating, hes flustered, looks like he may be in gastrointestinal distress. But who knows. Hes also a guy who always lives in the moment. I think picking up on stuff that harry enten was saying, one way to think about this is that both of these guys, both biden and trump basically have poll numbers like very weak incumbent president s. Bidens the actual incumbent president. But about half of democrats want somebody else. And donald trump lost the last election, but a bunch of republicans wrongly think that he didnt. And he has close to about half of the Republican Party in his column as well. If you had normally historically go back to lbj, an incumbent president without half the party is in a very weak position. But we seem poised to do what we did in 2016, which is to nominate two candidates so unpopular that they have a chance to lose to the other one. Theres a logical conundrum for you. So, let me play for you some of what trump said today about the d. A. Fani willis. And i mentioned this earlier. He called her a racist. This is in fulton county, georgia, where he is facing possibly another indictment. Heres what he said. I probably have another one, they say theres a young woman a young racist in atlanta. And this is a person that wants to indict me. Shes got a lot of problems. But she wants to indict me to try and run for some other office. There, of course, was the insult young woman. A young racist, a racist. Right. Remember, weve heard this before. Go back to 2016 in his primary election. He would often denigrate judges. And, remember, he would do that with the nations generals also. So he has a history of really going after institutions, and the Public Servants that serve these institutions. So, i do think, to sort of the tease at the beginning of the segment, that there is this sense that hes acting like a cornered animal. But the reality is thats sort of his permanent posture. And the challenge therefore is that he in, denigrating and in diminishing the institutions, it gins up his base. The concern that i have is that and i work with a lot of students, a lot of young people, and democrats really need them in 2024, that have similar concerns about this nations institutions. Theyre concerned about the lead errors on the right but also on the left in terms of their, are they telling us the truth, are they real and going to support us. So while donald trump is doing this to motivate and mobilize his base, i think the burden on democrats is to make sure and i think joe biden has done this as president is to make sure that our core constituencies, young people, African Americans in particular, are aware that its these institutions that have been a source of political social and economic power. Certainly seeing the proxy of that in ohio with this vote on an issue like reproductive rights that is a mobilizing factor for so many democrats. So, its a play that donald trump always goes to, but democrats, i believe, have an opportunity to push back. I want to ask you more about that because we do of course have this Special Election in ohio tonight. But ron desantis first. Obviously he has failed thus far to challenge trump successfully. Although hes done better than anybody else in the National Polls. But the messenger, he reports that this was sort of interesting that the new Campaign Manager, desantis new Campaign Manager refuses to call the shakeup a reboot. Instead, theyre calling it a reload. Sorry, you made me laugh twice tonight, jonah. Okay. I am a believer that words matter, but sometimes it is not a sign of strength. What do you make of this . I think he is smart to shake up the campaign again, whatever verb were going to apply to it. I think that the problem the problem is that desantis came out of the bloc with the wrong theory about the gop electorate. He basically came out with a theory that he was going to run to be the ted cruz of 2024 and come in a really strong second by not challenging donald trump, by not trying to peel away Donald Trumps voters for a very long period of time. And now hes starting from a real disadvantage because hes burned through a lot of money, and he has to sort of reinvent his theory of the electorate. So i think its smart to sort of shake things up. But its going to be hard. You mentioned the ohio Special Election. Obviously, it is a hugely consequential Special Election. Its on changes to the states constitution. Widely viewed, as you mentioned, as a proxy vote on Abortion Rights in the state. Ohio is a crucial state. It used to be that you couldnt get to the white house without it, it has become more and more a red state. What do you think about the outcome tonight, how significant could it be . Well, i think it can be very significant, not just because of ohios Historic Place in General Elections, but i think it is an additional opportunity for those who support reproductive rights, those who have been pushing back against the Supreme Court decision, and those that do care about the mobilization of democrats or even independents in advance of a General Election, that this matters significantly. Whether its ohio, we could be talking about pennsylvania. Michigan has had other ballot measures. Theres another in mississippi. Its an opportunity to continue to mobilize the base. And to that point, any opportunity that you can to have sort of democrats and independents going out there and voting in line with the biden administration, thats always a plus. All right, thank you both very much. I appreciate it. And those polls in ohio are closing in just a few moments, 7 30 p. M. Eastern. Were going to be following those results and bring you the updates as those votes come in. Meantime next, the exclusive access that we have to video from a ukrainian soldier actually going into the trenches, having to dodge russian strikes. And it is a story you will see first here outfront. Plus, police are now revealing new details about the moments leading up to that massive brawl between a black man and a group of white boaters in montgomery, alabama. What . Its the inspire implant he got. Hes not struggling with cpap anymore. All that rest is working wonders for him. And for me. Gotta go. Naughty girl. Hi sweetie ah scream here comes the choochoo train of love inspire. Sleep apnea innovation. Learn more and view Important Safety Information at inspiresleep. Com. The minute you drive off the lot. Or more. Thats why farmers new Car Replacement pays to replace it with a new one of the same make and model. Get a whole lot of something with farmers policy perks. Farmers mnemonic youre watching football wrong what do you call a guy in face paint that cant get the game . A clown sorry, what app was it again . No, no. Just give me a second. Amateurs. Ohhh sorry everybody. Directv sports central gives you access to every game. So you never have to compromise on gameday. Was that necessary . I was just illustrating a point. Oh. Get in the redzone with sports pack. Call 1800directv wow, you get to watch all your favorite stuff. Its to die for. And its all right here. Streaming was never this easy, you know. This is the way. You really went all out didnt you . Um, its called commitment. Could you turn down the volume . Here, you can try. Get way more into what your into when you stream on the xfinity 10g network. Tonight, ukraine says its advancing in the south, but heavily mined russian defenses continue to hamper progress. This comes as president zelenskyy continues to acknowledge that ukraines counteroffensive is difficult. On the Eastern Front line, which ukraines military calls the epicenter of the fighting, we have new video tonight, this into outfront, showing ukrainian soldiers clearing out russian positions. Thats what youre looking at here. A Chechen Fighter lifting his head out of the trench, quickly trying to hide. The ukrainians do open fire on him. Well, those trenches are deadly. And tonight we have exclusive access inside a trench through footage shared by the Ukraine Military with our nick paton walsh, who is there, and it is a report that you will see first outfront. I do want to warn you, though. What youre about to see tonight is graphic. Reporter even saving the dead can be lethal work. It is dawn and freshly overrun russian positions on the Southern Front where the assault is on Trench Networks spread out in the open. This is rare footage letting us see the Point Of View of a ukrainian soldier and body collector. His unit tasked with bringing back the fallen, their own, but also russian dead. This ukrainian body seeming to have almost melted into the ground. The heat speeding up decay. Another factor in this grim, grueling work where they are often guided to their targets by the smell from which the masks arent protection enough. Reporter russian drones see them, and they watch them back. Antidrone rifles, a modern twist in Trench Warfare from the last century. It is exhausting work, while troops here focus on survival and taking cover, he and his team must carry these heavy but vital burdens all the way back to the road where they can then bring closure to the grieving, the chance of burial and a goodbye. A week earlier in another part of the trenches where the fight has clearly been ferocious, they past Western Supplied armor that has been torn apart. Ukrainian remains found, but the shelling is constant. Reporter the search, however, in these captured russian positions, is cautious, probing each spot for mines. For the men holding their position day and night, the body collectors are welcome relief, taking away the reminders of how close death is. The russians still looking for targets here among the men rescuing russian corpses. It is the work nobody ever wanted to do, out exposed in the open, as Ukraine Prays for a breakthrough. Now, we finally see his face in the moment when they know theyve survived another day. The relief they feel here, nothing compared to the families who may feel some less agony and closure from the cargo they return home. Nick paton walsh, cnn, zaporizhzhia, ukraine. The cargo, of course, is human bodies. And now retired Army Lieutenant general ben hodges joins me. You just heard ukrainian soldiers in that piece, wondering why the russians fire on them when theyre recovering the remains of fallen soldiers, many of whom are russian. They say that russia knows this, russians firing on them know that they are in there recovering the bodies of dead russians. They choose to fire on them anyway. What do you make of that . So, erin, thank you. The u. S. Army also has what we call a Graves Registration team. And these are professional soldiers who are out there to help recover remains of our soldiers who have been killed in combat. This is an important part of how we do things. Soldiers know that if they fall on the battlefield, that there is a whole system that will bring them back. And this is the important part of the moral component of warfare. And what you just showed in this excellent report by nick, how the russians view their soldiers versus how ukrainians treat their soldiers. I dont know if you could find a starker difference than what we just watched. The horror of it too, they see something and they say i can smell it, that theres something here. Just viscerally bring it to all of us. General, the Ukrainian News Outlet is quoting the German Defense minister saying he opposes sending Cruise Missiles to the military. And he points out that the United States has not sent those Cruise Missiles to ukraine either. Weve talked about them a lot, the atacms. Why do you think this is such a major mistake at this time . So, i was very disappointed when i saw that the minister had said there was no need. But hes also right. The United States has also failed to make the decision to provide this longrange capability to ukrainian forces. Look, the key to success here is the liberation of crimea. And the way that happens is by Making Crimea Untenable where the russians cant sit there and use the port of sevastopol, which is inside the range of atacms missiles. So i dont understand how anybody, especially after watching the report you just showed, how anybody can say that there is no need to provide ukraine with the ability to strike longrange with precision against russian bases, against russian artillery, against russian headquarters. Thats how you neutralize the only advantage that the russians have. So, to say theres no need is terribly poor judgment. But this goes back to the administrations either failure or unwillingness to say we want ukraine to win. When they say that, then all these excuses will fall away. I saw a pretty incredible chart today. It was the Chief Economist at the institute of international finance. He showed that while german exports to russia are down significantly since the war began, all these sanctions in place, that the german exports to kazakhstan have more than doubled. And german exports to central asia, places like kyrgyzstan and belarus have nearly doubled. The whole point is that thats how russia is getting what it needs. Its coming in these other ways. How much do you think this is helping putins war effort . Well, i think its helping in two ways. First, theres a practical way where actual material and funds are coming in to russia so that they can continue this fight. And, by the way, theyre getting equipment and material through north korea that are actually coming from china as well. So this helps keep them in the fight. But it also helps russia in another way. It shows that we are not 100 committed. If we were 100 committed, we would be doing what Vice President harris said 18 months ago, sanctions like you have never seen before. All right. General hodges, thank you very much. I always appreciate your time. And, next, the three people charged tonight after a black man was attacked by a group of white vboaters. Were learning what led to the violent brawl. Plus, the Suspected Gilgo BeachSerial Killer is now refusing to cooperate with investigators. The sheriff in the case will be outfronont. Start your day with nature made. The 1 Pharmacist Recocommended vitamin and supplement brand. Youre watching football wrong what do you call a guy in face paint that cant get the game . A clown sorr what app was it again . No, no. Just givme a second. Amateurs. Ohhh soy everybody. Directv sports central gives you access to every game. So you never have to compromise on gameday. Was that necessary . I was just illustrating a point. Oh. Get in the redzone with sports pack. Call 1800directv im saving with liberty mutual, mom. They customize your Car Insurance so you only pay for what you need. You could save 700 dollars just by switching. Ooooh, let me put a reminder on my phone. On the top of the pile oh. Only pay for what you need. Liberty. Liberty. Liberty. Liberty. My relationship with my credit cards wasnt good. 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David its a more innovative, holistic approach. Grant in addition to academic services, we look at serving the whole family. Narrator wellness centers, food pantries, and parental education. Jessie theyre already making a difference. David californias Community Schools reimagining public education. Breaking news just into outfront. We are getting the first results from a Special Election in ohio. An election that could have serious implications on Abortion Rights. The people in ohio tonight are voting on a Ballot Initiative and what it would do would be to raise the threshold of votes needed to amend the State Constitution. And it would raise it from a simple majority up to 60 . Why does this matter . It matters because its a republicanbacked proposal that would make it more difficult to Enshrine Abortion Rights into the State Constitution this fall. You need to have 60 of the votes to do that as opposed to a simple majority. And this fall is when voters will be casting their ballots on an amendment that guarantees womens access to abortion. So obviously this is a crucial vote tonight. 3 of the vote in, thats all we have right now. But it is, obviously, 3 . Let me emphasize. But 85 or 86 of people right now are voting against raising that threshold to 60 . 14 have voted in favor for it, so obviously dramatically against the republican proposal right now with 3 of the vote in. Well continue to monitor those results as they come in throughout the tonight. Also we are learning about what led to that massive brawl in alabama. A group of white men attacking the black cocaptain of a river boat trying to dock. Today three men have been charged. More charges, we understand, are coming. I want to warn you that the video youre about to see is disturbing. Ryan young, once again, is outfront. You see stuff like that on the tv. But to see it live and being a person of color, you have those stories from your grandmother about how it used to be and how wrong it was. So, it was hurtful. Reporter Clayton Thomas was witnessed the fight that took place between a group of white boaters and a black employee that escalated on a Riverside Dock in montgomery, alabama, on saturday. The incident occurred after the riverboats cocaptain Damien Pickett tried to clear the dock space where the riverside cruiser normally docks. The Montgomery Police chief Darryl Albert announced that three men have been charged with their involvement in the incident. Were also asking for mr. Reggie gray, the black male, 42 years old, who was seen to contact the Montgomery Police department for further interview. Reporter the chief also identified the other victim today, a 60yearold white male whose mother signed an arrest warrant. The river cruiser idled for about 40 minutes while the captain was prevented from docking and first attempted to contact the pontoons owners. The cocaptain was then picked up by a separate vessel and brought to the pier in an attempt to have a conversation with the private boat owners and or have those boats moved so that the harriott could dock. A confrontation ensued between the cocaptain and mr. Pickett being attacked by several members of the private boat. Everybody was yelling, hey and the captain, everybody is cringing because hes getting stomped and kicked. Reporter while it appeared to be largely split across racial lines, the police chief said at this time, there is not enough evidence to meet the criteria to charge for a hate crime or inciting a riot. Knowing montgomerys history, knowing all the civil rights things that we went through here the city of montgomery and what that means to the nation. We were very amped up to get this right. Well continue to do all that we need to, to ensure that we get it right. Reporter montgomerys mayor says the investigation isnt over yet. You cant allow your emotions or your initial thoughts to get out in front of what the facts tell you. And, so, while this is an ongoing investigation, so far, the facts are kind of, you know, separating themselves from what was fiction. Reporter erin, right there you see the boat behind me, the harriott ii, as it sits here. There are some new signs to show where people can and cannot park. But theres a lot of questions about how this investigation will move forward. Were also waiting to hear from police about the three arrests. We know one persons in custody. But we believe two others will be brought into arrest in selma, alabama, and then transferred here to montgomery. So still a lot of questions, but obviously a community thats trying to heal. Ryan, thank you very much. Next, the Suspected Gilgo BeachSerial Killer now reportedly refusing to provide investigators dna, direct dna, which could be very important for the prosecution. The sheriff in the case is next. And more reports of possible sharks tonight after the first attack at a new york city beach in 70 years. When i was diagnosed with hiv, i didnt know who i would be. But here i am. Being me. Keep being you. And ask your Healthcare Provider about the number one prescribed hiv treatment, biktarvy. Biktarvy is a complete, onepill, onceaday treatment used for hiv in many people whether youre 18 or 80. With one small pill, biktarvy fights hiv to help you get to undetectable and stay there whether youre just starting or replacing your current treatment. Research shows that taking hiv treatment as prescribed and getting to and staying undetectable prevents transmitting hiv through sex. Serious side effects can occur, including Kidney Problems and kidney failure. Rare, lifethreatening side effects include a buildup of lactic acid and liver problems. Do not take biktarvy if you take dofetilide or rifampin. Tell your Healthcare Provider about all the medicines and supplements you take, if you are pregnant or breastfeeding, or if you have kidney or liver problems, including hepatitis. If you have hepatitis b do not stop taking biktarvy without talking to your Healthcare Provider. Common side effects were diarrhea, nausea, and headache. No matter where life takes you, biktarvy can go with you. Talk to your Healthcare Provider today. Tonight, suspected Serial KillerRex Heuermann refusing to provide his dna to investigators. News day obtaining documents where heuermanns lawyer is trying to block a Cheek Swab Arguing that prosecutors have not shown probable cause in the three murders hes accused of committing. Joining me now, the Suffolk County sheriff. Im glad to speak to you again. Probable cause in the case of a possible Serial Killer seems a strange thing, but thats the argument thats being made. The d. A. Wants heuermanns dna. Currently they have might oh kond reial dna from Pizza Crust Heuermann allegedly discarded in manhattan that prosecutors say matched a hair sample found on burlap that was used to transport the remains of one of heuermanns alleged victims. But in these court documents, theyre saying without a direct sample of his dna, prosecutors might never be able to get this beyond any kind of a doubt. They might not be able to get total proof. How important is this dna, and do you think theyll be able to get it . First, thank you for having me on. Gathering his dna is extremely important to this case. You know, clearly its left in the hands of the judge to decide whether to go forward and get a dna swab or not. So thats where we have to wait and see whats going to happen with the judges decision. Do you have any doubt at this point that heuermann is the person behind these murders . From what the task force has gathered and what we have disc discussed, i have no doubt that he is the person that killed those three women. So, sheriff, hes been in your jail now for 27 days, and you and i have talked a few times. Hes obviously in solitary, but hes been able to have his walks alone in the jail yard. He was able to make some phone calls, able to receive mail. How is he spending his time now . Hes spending his time alone. Hes not in solitary. Hes just in a housing area by himself with two corrections officers. But more importantly, hes making phone calls. He is reading some books. Hes participating in recreation. So, you know, hes acclimating to jail life. Any theme of the books hes reading . The best i can tell you is that theyre fiction. You know, hes read or reading a couple books that he has inside of his cell. I visited him a few times. The last time was late last week. He seems very comfortable. All right. Youre there. Im sorry. You said very comfortable. One last question, i know his family has not visited him. We do know, sheriff, from his wife that hes had conversations with her. And i know youve told me you dont monitor those calls. But are you able to tell us any sense of how often theyre speaking . I know his children, at least as we understand, his adult children, have not spoken to him. But he and his wife, how often are they speaking . Any sense of his demeanor or the topic of those calls . My staff has informed me when he makes the phone calls, theyre just very casual conversations. Of course, we wouldnt monitor any phone calls between a husband and wife or between an attorney and those that are incarcerated. But he seems very comfortable with making various phone calls. All right. Sheriff, i appreciate your time. I always do. Thank you. Thank you. Next, a popular new york city beach closed after a shark attack. 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At this hour, the beach remains closed and the nypd is scouring the area with drones, looking for sharks. Thanks so much for joining us. Well see you back here tomorrow night. Ac 360 with anderson begins right now. Tonight on 360, trump sweating, swearing and ranting in New Hampshire, issues a darkly familiar warning about what hell do in 2024. The future of abortion on the ballot in ohio tonight. Results