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December 5, 2014
Livoti deprived anthony baez of a federal constitutional right. the right to be secure in your persons, the right to have -- >> what makes it more difficult, you have to prove that the police officer acted with the intent to use excessive force, not just to use any force, because a police officer under certain circumstances is authorized to use necessary force, but that he intentionally used more force than was necessary to accomplish his purpose. because in using more force than necessary, in d...
December 5, 2014
Secretary clinton were consistent with that. so we are optimistic. >> i appreciate your time tonight. thanks so much. there are others who were thinking about running for president on the democratic ticket who absolutely have no problem whatsoever saying theyre against keystone. why cant hillary clinton? thats "the ed show." "politicsnation" with reverend al sharpton starts right now. good evening, rev. >> good evening, ed, and thanks to you for tuning in. tonights lead, the grand jurors were pl...
December 5, 2014
Overwhelming. both men were put in police chokeholds. both died from compression to the neck and chest and suffered from asthma. and both deaths were ruled homicides. in the baez case, the officer was indicted and went to trial, but heres how that first trial ended up in 1996. >> in a tense courtroom, officer francis showed no emotion as the judge reluctantly cleared the veteran new york city policeman of homicide. >> i do not find that the defendant is innocent. i do find, based on the quality ...
December 5, 2014
They put the video on. people was on their phones. people were having conversations. >> really? >> it was a regular day to them. like it was no big-time case to them. >> its a startling claim. playing on their cell phones! otto also claims the prosecutor asked more questions about erirk garners conduct than the officers. he said grand jurors already had their minds made up and that after just ten minutes, prosecutors stopped his testimony and sent him home. we called the das office about these a...
December 5, 2014
Theyll be reviewing that and determining what additional investigation has to be done in order to support federal charges and when theyre prepared to do so, theyll submit a case to the grand jury. >> now, in the case of abner la weema and baez, it was excessive force that was established, is that correct? >> correct. >> now, do you need race involved to establish excessive force? because i think thats a misconception a lot of people have. >> that is a misconception. race is not necessarily an is...
December 5, 2014
Believe -- and its not a belief anymore. it happens. how difficult is it to hold a police officer accountable for the death of an unarmed civilian? >> its not happening. >> and if a case like this happens, with it being on video, what is the message that you send? what evidence do you need at this point to prove excessive force? and what goodwill body cameras do if a case like this is on video and you cant even meet the threshold level of probable cause to move forward with a trial? what message...
December 5, 2014
Oath. and federal prosecutors filed similar rights charges. more than three years after the assault, the officer was convicted and sentenced to seven and a half years in prison. so will we see similar charges in garners case? and how could a federal case be made? joining me now is zachary carter. corporation counsel of the city of new york and former u.s. attorney. thank you for being here. zachary, your office investigated if there was a pattern of misconduct in the nypd after the baez and la w...
December 4, 2014
From their comrades, their teammates, a lot of institutional pressure to be very reelectrluctant to pull th trigger an cases. they would much rather the u.s. attorneys office be dealing with it than a local elected prosecutor who has to work every day with the men and women in the police force. >> susan, we were talking about the anthony baez case that you represented. so many similarities between that case and eric garners. i want to play a part of the "today" show from 1995 when his family was...
December 4, 2014
Charges will be brought against that officer. its unclear whether or not federal charges might be brought in this case as well like they were years ago in the baez case. the just department has opened a federal probe into the death of eric garner. if the local federal prosecutor, local u.s. attorney does decide to bring charges, its worth noting the local u.s. prosecutor here is this woman. shes named loretta lynch. and she has just been nominated by president obama to succeed eric holder as the...
December 4, 2014
Enough to convince a grand jury that there was any need for a trial in this case. when the widow of eric garner was first told of the grand jurys decision today, the decision to not charge anyone in the death of her husband, her first words in response were, oh, my god, are you serious? she then said you can see in the video that the police officer was dead wrong. esaw garner is her name. shes eric garners widow. she told the new york daily news right after she heard of the grand jury announceme...