he donated his body to science? >> i didn't think all of a sudden's tom's head, we'll sell his arm here we'll sell his skin here thanks for joining us i'm joie chen. it is the last gift any of us gan give and one of the most meaningful. thousands donate their body to science each year hoping their sacrifice will serve the greatest cause of medical research. the great intentions resulted in the rise of unintended lucrative and largely unregulated industry. for-profit body brokers with some bodies under investigation by the fbi and families in several states fearing the worst outcomes of loved ones last wishes. lori jane gliha investigates. >> he always wanted to make sure that his complete body was cremated, and that i would get the complete ashes back and i have absolutely no faith in that now. >> reporter: by the time linda hayes lost her husband tom, he had two kidney transplants and received a new pancreas. >> reporter: how old was he? >> he was 56 when he died. >> reporter: type 1 diabetes got the best of him. he hoped medical student could learn were his illness when he was gone. >> he said when he died he wanted to donate his body to science. because of his health issues he's gone through this this and this they could learn a lot from his body. >> lindaedda donated tom's body. it is a way for families to assist medical research and avoid cremation fees. unbeknownst to linda, her husband's body was about to become a lucrative industry the trade in cadaver parts, a single body can bring in as much as $10,000. linda eventually received tom's ashes in a modest wooden box. what specifically did you think would happen when he donated his body to science? >> i thought that after he was picked up they would take him to their facility and see who was looking for a certain thing, and okay we'll send him here. that's what i thought. i didn't think his head here we'll sell his arm here, and his skin here. i did not think that would happen. now i look at the box. it may as well be empty. i have no faith that their tom's ashes. >> reporter: you don't think it's tom's ashes? >> no. >> reporter: linda's alarm began when she saw a clip on the news. biological research center the company that took tom's body was under fbi investigation linked to raids in detroit and phoenix. it was not the first time the industry faced scrutiny. the fbi and local law enforcement prosecuted half-a-dozen body brokers. leader are accused of cutting up the bodies and selling them to a middle man. in one case the fbi ales the company received $500 for a head, and $750 for a pair of arms. >> i couldn't believe it. it was a slap in the face. and i was dazed for a few days. i can't believe this is happening. i was just sick to hear about something like that happening. i thought we were doing something good for the medical society and here are people turning it into i don't know what you call it. craziness. >> kathy is tom's sister. >> hey, how are you? >> good how are you? >> reporter: inspired by linda she decided to donate her own husband's body to bijock logical research center when he passed in december. >> i knew what he wanted to do. i respected what he wanted to do. >> reporter: she said her husband loved science and hoped someone could study his cancer and lung disease. >> i did not imagine them cutting his body apart, disposing it putting it where they wanted it. i didn't thip think is would be one part to one place, and another to another place. >> reporter: if you had known that would you have donated his body? >> no, not at all. i expected is to be intact used for medical research and his body cremated as i was told and i would get all his remains back. >> reporter: she, too, received a wooden box, supposedly with her husband's ashes. this fbi document reveals agents recovered her husband's remains at a company address during a search. how was it possible her husbands remains were in two places at once? >> i feel there's no closure. i don't know who they had, where my husband is i don't feel like things are resolved right now. >> representatives for biological research center of illinois would not appear on camera but say they have not done nothing illegal. an attorney provided us with garthy's consent form showing she was informed in writing that the body could be dissected. she admits that she signed the form but the information was not clear. there are others found by the fbi that feel mislead. >> i think people would say we had people signed consent form and it said the worth disarticulate in there. how well do you think the company united with you? >> not at all. >> would have said no. because he didn't want that. he wanted to stay together. and help something. not have someone make a profit from - off of his body. >> do you think there's a problem that there are groups making profit on this type of donation? >> i think it's a problem if they are not informing the donors. >> paul dude abbing runs the anatomical gift association of illinois. >> how many bodies do you have in the room? >> currently 230 235. we need to get up to about 370, 375 to meet the demand for all of our schools. >> unlike the biological resource center of illinois his is a non profit programme that mostly supplied embalmed cadd avers to medical school. >> we probably trained many. >> reporter: are people naive to think a body would remain fully intact when donating is this. >> i think some are. most understand that you know, at least for us the majority of our bodies go through anatopic dissection and study. >> what does it mean to have the body dissected. >> it's not a hack and cut process. when we do park a body maybe we'll send the legs to russia orthopaedics and the torso to north western for the breast reconstruction training programme. we may send the brain to the alzhiemer's programme at iola dudek says once medical research is complete he's transparent about where and how the remains are used. >> although organ and tissue transplants are regulated, there's little oversight when it comes to body parts not in use by humans. how easy would it be for people to use body parts for a reason that is unethical or not agreed pon. >> it would be fairly easy. >> reporter: in fact in a search warrant affidavit, the fbi alleges biological resource center of illinois and an earlier company owned by the same family called anatomical service incorporated engaged in criminal behaviour. run by father and sun, the companies which merged in 2012 are accused of taking body parts from people who take clear commands that they don't want their bodies donated. making statements by their families as to how and why families are used and selling body parts that have hepatitis, septemberize and -- septis and other matters. one doctor we spoke to said he would not have used the specimen had he known it was infected. >> reporter: under what circumstances would you send a body out? >> if it was a school acting specifically for h.i.v. or hep c donor. >> reporter: is there any reason you'd send out an h.i.v. >> none whatsoever. >> reporter: do you think it is appropriate? >> no. >> reporter: biological resource center of illinois supplied these documents, showing the customer was aware of infectious bodies, signing an agreement. the company declined to comment on dozens of cases distributed under a different company name. >> what things do you think needs to be put into place to make people feel secure with donations? >> buyer be ware. i would research the heck out of them to find out who they are, where they are and what they do. and make a decision. the fbi investigation into biological resource center of illinois continued for more than a year with no charges or answers for people like kathy and her standard linda hayes. >> i'd like know where they took his body and what happened from there. it's time for regulations in this industry and moralry they broke laws. >> if you were sitting with the head of biological resource center what would you say to him? >> i'd beat the crap out of him. that's how mad i am. i don't know what else to say. i think he's a jerk i think he treats life and death disrespectfully, and something better be done with that him and his organization. both distributed the ashes from wooden boxes, after all, they are not sure whose ashes they have "america tonight"s lori jane gliha is here. lj we are hearing from the nonprofit organization that there's a serious need for medical research to have the bodies. can you give us an idea how the remains are used. >> yes, a lot of people think the bodies go to a medical school. when you go to a for-profit company, it goes to company a, b, and body parts go across the country for various uses. they may be used for medical research testing of surgical devices or used to do training. i talked to a dentist that said he received a training in front of others using this head. if you are curious, ask before you do the donations. >> i thought it was illegal, frankly, to sell body parts, isn't it? >> there are different acts and rules in place. the national organ transplant acts which prevent the sale. unfortunately, there are different ways around that. what happens is some of these companies charge fees associated with taking some body parts. in these cases they charged fees. and that is how they get around not charging for specific parts and tissues. how can you be sure if you give your remains of your loved ones for all the best purposes and reasons, how can you be sure they are used in the way that your loved one intended and that you want? >> one of the best things to do is ask the questions. you have the right to say is my body going to this this and this. if they say no that may not be the place you want to go. you should know what a for profit place is. there's a group, the association of tissue banks, and they are trying to come up with standard they do a lengthy process and are talking about doing more things being informed consent. making sure you are clear about what could happen with the body. to empower yourself as a consumer, ask the questions, if you are not comfortable, don't do it. >> lori jane gliha, thanks the final shot - a search for justice for a man gunned down in a hail of bulletsar a police mistake. >> later - cleaning up the neighbourhood. how police in america's toughest city set out to make change within the community. >> hot on "america tonight" web sited. hot landing - the most expensive weapon system and have vermonters are trying to wave off the f-35. at aljazeera.com/americatonight in our fast-forward segment a look back at points - questionable actions by police officer. before baltimore or any other cases focussed tension on excessive force, a stunning case in cleveland, where officers fired 137 shots at one vehicle, based on what turned out to be a mistake. "america tonight"s christopher putzel explains. [ sirens ] >> reporter: it started with a car chase. more than 62 police cars went on a 22 minute chase, and police fired 132 shots into the car. the people inside tide of gunshot wounds. one was timothy russell, a dooekon at his family church. >> when i found out it was him, i was shocked. everything announced about the person fleeing from the police ramming the police car and this kind of stuff was totally out of character for him. police say that at the time they believed russell or his passenger melissa williams shot at police before leading officers on a chase. it turned out they mistook the car backfiring for a gunshot. >> it seemed the whole police department was chasing them - car after car after car following this one couple. and it was - it was crazy the case shook the city with many calling the incident racially motivated. michelle and her family were awarded a wrongful death suit awarded $1.5 million. >> he was a human being, i don't think anyone deserves to be treated like that. they did not give them an opportunity to go through the legal system. whatever they did, fleeing from the police it did not warrant a death sentence. >> one of 13 officers who shot at williams and russell was criminally charged fast-forward to the trial of that officer, michael brelo facing involuntary manslaughter. prosecutors said he alone fired 49 shots including the final 15. protesters have been keeping vigil as the judge blshts. >> next the toughest job in america's stuffest city. camden ners ci and the broken -- new jersey and the broken window approach to cleaning up crime. and a second chance at justice. wednesday on "america tonight", after 10 years of america's drug war, experts are reconsidering what victory means. >> the war on drugs is not a war on drugs, it's the war on people. thursday... $36. for this kind of money i really don't give a s**t. >> a real look at the american dream. only on al jazeera america. >> part of our month long look at working in america. "hard earned". so what do you do with a dubious distinction, the most dangerous city in america? camden new jersey faced the moniker, and "america tonight" turned its focus on efforts of reform beginning two weeks ago. now president obama touted camden as a model for other cities. let's make a difference from "america tonight"s adam may. >> reporter: a camden police officer confronted by a woman hiding in a shower with a 12 inch knife. for police station, the dangers of the job are very real. nothing like it used to be. >> shooting homicides in the alley up here - there was a homicide tlsks a shooting in the -- there was a shooting in the store behind us. >> there's a lot of crime rate. it's hard to imagine, it looks clean. >> it's different. >> officer christian jeffreys walks the beat in camden's fairview neighbourhood. >> all done for the summer? >> good. >> he's one of 400 officers on patrol in america's dangerous city. in 2013 camden dismantled its police department, bringing in blood. the orders - engage in real community policing. more boots on the ground. 8-hour patrol shifts on foot. making making arrests like this more common. how does walking this square decrease crime? >> if i was in a vehicle i wouldn't spend much time in it. like it's been done before prior to the camden police department changing over. >> reporter: since the reforms, crime plummeted in yorkshire square. >> we know who lives here, who doesn't. we see the same people in here playing with the kids. >> reporter: the city introduced a state of the art surveillance system. more than 100 live streaming cameras monitored 24 hours a day. we have something that the officers are doing, through a camera. >> reporter: orlando, the new assistant police chief, says the cameras are not only helping solve crimes hike this shooting in 2014 but police are using them to predict crimes. what is known as the broken window theory of policing. >> we look for those things that are indicative of crime. when we see people conduct themselves maybe in a way that would suggest they are about to fight. rather than waiting for a fight to break out. we want to be in front of it. where there's europating in public, there's other things creating a public safety nuisance, not just a crime, but a nuisance, we want to be out in front of it. >> if you attack the little things, it impacts the bigger things. if we use the camera for the needle in a haystack where we just waited for the one shooting. the impact would be minimal. >> you'd still have the shooting. >> absolutely. we want to be out in front of it. they are indicative of crime. >> the police are taking their extensive network of cameras to a new level, launching a virtual neighbourhood watch, allowing residents to tap into the cameras, a first of its kind programme in the nation. >> i can access a camera so i can watch the playground. if there's a group of individuals that are displays suspicious behaviour, we can zero in on that. >> reporter: brian morgan coaches little league it used to be a haven for prostitution and drug. now four surveillance cameras watch the children at play. >> he's playing baseball taking the first swing on a swing. what can be more natural. we attribute that to new surveillance. >> reporter: you can do it on the phone. >> that's the cool thing. those of us connected to the league and other community groups have the ability to log into the camera system a few residents, screened in advance, have been given access to the interactive community alert network, known as icann, tips on anonymous, and are able to use the cameras and zoom in. >> i very good police officer will never know the area as well as the residents themselves. they know all the relationships, they can put it into sense for us. >> reporter: since enact the changes, there has been reports of big drops in crime, homicides down almost 50% since 2012. overall crime down 18% compared to may last year. still, there are some detractors. >> reporter: the police call the strategy community policing. what do you call it? >> community terrorizing. it's pushing the community for voting them creating a hostile environment. >> this man is an activist in camden and lost trust in the local police force and said officers are under a lot of pressure to perform, so tactics are often heavy-handed. >> there's a lot of complaints against the police officer and their tactics and how they harass young people. we have a lawyer looking for people who have been stopped and frisked illegally and stuff like that. and challenging and pushing back that. they are stopping young people without a record and pushing them into trumped up stuff. it's a negative. >> one thing everyone agrees n, camden's crime problem is not just about law enforcement. jobs are scarce and poverty runs generations deep. >> he loves it. >> reporter: but there are signs of change. police interacting with people working together to make the city safer. >> camden was named most violent city in america. >> mm. >> reporter: you work here. what is it like to watch the change? >> personally, i think it's great to watch it. from when we came here until now, i see the difference. i hope it goes away for camden that game the ultimate test whether the new approach works - money. companies invested nearly $1 billion in camden over the last year lured by evidence that camden is becoming a safer place. tell us what you think at aljazeera.com/americatonight. talk to us on twitter or facebook. come back, we'll have more of "america tonight" tomorrow. i'm "ali velshi on target". blowing the whistle. a small town farmer taking on a big agro giant in an animal welfare war crusaders or criminals - the push to silence those threatening to expose where our food comes from americans are eating more meat paying less for it than at any other time in u.s. history. at what cost? animals raised in barns of the 1950s have given way to an industrial
sudden's tom's head, we'll sell his arm here, we'll sell his skin here thanks for joining us, i'm joie chen. it is the last gift any of us gan give, and one of the most meaningful. thousands donate their body to science each year, hoping their sacrifice will serve the greatest cause of medical research. the great intentions resulted in the rise of unintended lucrative and largely unregulated industry. for-profit body brokers with some bodies under investigation by the fbi and families in several states fearing the worst outcomes of loved ones last wishes. lori jane gliha investigates. >> he always wanted to make sure that his complete body was cremated, and that i would get the complete ashes back, and i have absolutely no now. >> reporter: by the time linda hayes lost her husband tom, he had two kidney transplants and received a new pancreas. >> reporter: how old was he? >> he was 56 when he died. >> reporter: type 1 diabetes got the best of him. he hoped medical student could learn were his illness when he was gone. >> he said when he died he wanted to donate his body to science. because of his health issues, he's gone through this, this and this they could learn a lot from his body. >> lindaeddadonatedtom's body. it is a way for families to assist medical research and avoid cremation fees. unbeknownst to linda, her husband's body was about to become a lucrative industry, the trade in cadaver parts, a single body can bring in as much as $10,000. linda eventually received tom's ashes in a modest wooden box. what specifically did you think would happen when he donated his body to science? >> i thought that after he was picked up, they would take him to their facility and see who was looking for a certain thing, and okay, we'll send him here. that's what i thought. i didn't think his head here, we'll sell his arm here, and his skin here. i did not think that would happen. now i look at the box. it may as well be empty. i have no faith that their tom's ashes. >> reporter: you don't think it's tom's ashes? >> no. >> reporter: linda's alarm began when she saw a clip on the news. biological research center, the company that took tom's body, was under fbi investigation linked to raids in detroit and phoenix. it was not the first time the industry faced scrutiny. the fbi and local law enforcement prosecuted half-a-dozen body brokers. leader are accused of cutting up the bodies and selling them to a middle man. in one case the fbi ales the company received $500 for a arms. >> i couldn't believe it. it was a slap in the face. and i was dazed for a few days. i can't believe this is happening. i was just sick to hear about something like that happening. i thought we were doing something good for the medical society and here are people turning it into i don't know what you call it. craziness. >> kathy is tom's sister. >> hey, how are you? >> good, how are you? >> reporter: inspired by linda she decided to donate her own husband's body to bijock logical research center when he passed in december. >> i knew what he wanted to do. do. >> reporter: she said her husband loved science and hoped someone could study his cancer and lung disease. >> i did not imagine them cutting his body apart, disposing it, putting it where they wanted it. i didn't thip think is would be one part to one place, and another to another place. >> reporter: if you had known body? >> no, not at all. i expected is to be intact, used for medical research, and his body cremated as i was told, and back. >> reporter: she, too, received a wooden box, supposedly with her husband's ashes. this fbi document reveals agents recovered her husband's remains at a company address during a search. how was it possible her husbands remains were in two places at once? >> i feel there's no closure. i don't know who they had, where my husband is, i don't feel like things are resolved right now. >> representatives for biological research center of illinois would not appear on camera, but say they have not done nothing illegal. an attorney provided us with garthy's consent form, showing she was informed in writing that the body could be dissected. she admits that she signed the form but the information was not clear. there are others found by the fbi that feel mislead. >> i think people would say we had people signed consent form, and it said the worth disarticulate in there. how well do you think the company united with you? >> not at all. >> would have said no. because he didn't want that. he wanted to stay together. and help something. not have someone make a profit from - off of his body. >> do you think there's a problem that there are groups making profit on this type donation? >> i think it's a problem if they are not informing the donors. >> paul dude abbing runs the anatomical gift illinois. >> how many bodies do you have in the room? >> currently 230, 235. we need to get up to about 370, 375 to meet the demand for all of our schools. >> unlike the biological resource center of illinois, his is a non profit programme that mostly supplied embalmed cadd avers to medical school. >> we probably trained many. >> reporter: are people naive to think a body would remain fully intact when donating is this. >> i think some are. most understand that, you know, at least for us the majority of our bodies go through anatopic dissection and study. >> what does it mean to have the body dissected. >> it's not a hack and cut process. when we do park a body, maybe we'll send the legs to russia orthopaedics and the torso to north western for the breast reconstruction training programme. we may send the brain to the alzhiemer's programme at iola dudek says once medical research is complete, he's transparent about where and how the remains are used. >> although organ and tissue transplants are regulated, there's little oversight when it comes to body parts not in use by humans. how easy would it be for people to use body parts for a reason that is pon. >> it would be fairly easy. >> reporter: in fact, in a search warrant affidavit, the fbi alleges biological resource center of illinois, and an earlier company owned by the same family called anatomical service incorporated engaged in criminal behaviour. run by father and sun, the companies which merged in 2012 are accused of taking body parts from people who take clear commands that they don't want their bodies donated. making statements by their families as to how and why families are used, and selling body parts that have hepatitis, septemberize and -- septis and other matters. one doctor we spoke to said he would not have used the specimen had he known it was infected. >> reporter: under what circumstances would you send a body out? >> if it was a school acting specifically for h.i.v., or hep c donor. >> reporter: is there any reason you'd send out an h.i.v. >> none whatsoever. appropriate? >> no. >> reporter: biological resource center of illinois supplied these documents, showing the customer was aware of infectious bodies, signing an agreement. the company declined to comment on dozens of cases distributed under a different company name. >> what things do you think needs to be put into place to donations? >> buyer be ware. i would research the heck out of them to find out who they are, where they are and what they do. and make a decision. the fbi investigation into biological resource center of illinois continued for more than a year, with no charges or answers for people like kathy and her standard linda hayes. >> i'd like know where they took his body, and what happened from there. it's time for regulations in this industry and moralry they broke laws. >> if you were sitting with the head of biological resource him? >> i'd beat the crap out of him. that's how mad i am. i don't know what else to say. i think he's a jerk, i think he treats life and death disrespectfully, and something better be done with that, him and his organization. both distributed the ashes from wooden boxes, after all, they are not sure whose ashes they have "america tonight"s lori jane gliha is here. lj, we are hearing from the nonprofit organization that there's a serious need for medical research to have the bodies. can you give us an idea how the remains are used. >> yes, a lot of people think the bodies go to a medical school. when you go to a for-profit company, it goes to company a, b, and body parts go across the country for various uses. they may be used for medical research, testing of surgical devices or used to do training. i talked to a dentist that said he received a training in front of others using this head. if you are curious, ask before you do the donations. >> i thought it was illegal, frankly, to sell body parts, isn't it? >> there are different acts and rules in place. the national organ transplant acts which prevent the sale. unfortunately, there are different ways around that. what happens is some of these companies charge fees associated with taking some body parts. in these cases they charged fees. and that is how they get around not charging for specific parts and tissues. how can you be sure if you give your remains of your loved ones for all the best purposes and reasons, how can you be sure they are used in the way that your loved one intended and that you want? >> one of the best things to do is ask the questions. you have the right to say is my body going to this, this and this. if they say no, that may not be the place you want to go. you should know what a for profit place is. there's a group, the association of tissue banks, and they are trying to come up with standard, they do a lengthy process and are talking about doing more things, being informed consent. making sure you are clear about what could happen with the body. to empower yourself as a consumer, ask the questions, if you are not comfortable, don't do it. >> lori jane gliha, thanks the final shot - a search for justice for a man gunned down in a hail of bulletsar a police mistake. >> later - cleaning up the neighbourhood. how police in america's toughest city set out to make change within the community. >> hot on "america tonight" web sited. hot landing - the most expensive weapon system and have vermonters are trying to wave off the f-35. at aljazeera.com/americatonight >> it's not looking pretty. i gotta pay my bills. >> you gotta do somethin', you know? try to keep your head above water. >> sunday... $38. thursday... $36. for this kind of money i really don't give a s**t. >> a real look at the american dream. only on al jazeera america. >> part of our month long look at working in america. "hard earned". >> being a musician, there's no demand... >> world renowned artist lang lang >> the moment you're on stage, it's timeless >> american schools falling flat... >> there are no music class in public schools... >> and his plan to bring music back... >> music makes people happier... >> every tuesday night. >> i lived that character. >> go one on one with america's movers and shakers. >> we will be able to see change. >> gripping. inspiring. entertaining. talk to al jazeera. only on al jazeera america. in our fast-forward segment a look back at points - questionable actions by police officer. before baltimore or any other cases focussed tension on excessive force, a stunning case in cleveland, where officers fired 137 shots at one vehicle, based on what turned out to be a mistake. "america tonight"s christopher putzel explains. [ sirens ] >> reporter: it started with a car chase. more than 62 police cars went on a 22 minute chase, and police fired 132 shots into the car. the people inside tide of gunshot wounds. one was timothy russell, a dooekon at his family church. >> when i found out it was him, i was shocked. everything announced about the person fleeing from the police, ramming the police car and this kind of stuff was totally out of character for him. police say that at the time they believed russell or his passenger melissa williams shot at police before leading officers on a chase. it turned out they mistook the car backfiring for a gunshot. >> it seemed the whole police department was chasing them - car after car after car following this one couple. and it was - it was crazy the case shook the city with many calling the incident racially motivated. michelle and her family were awarded a wrongful death suit, awarded $1.5 million. >> he was a human being, i don't think anyone deserves to be treated like that. they did not give them an opportunity to go through the legal system. whatever they did, fleeing from the police, it did not warrant a death sentence. >> one of 13 officers who shot at williams and russell was criminally charged fast-forward to the trial of that officer, michael brelo facing involuntary manslaughter. prosecutors said he alone fired 49 shots including the final 15. protesters have been keeping vigil as the judge blshts. >> next, the toughest job in america's stuffest city. camden ners ci, and the broken -- new jersey, and the broken window approach to cleaning up crime. and a second chance at justice. wednesday on "america tonight", after 10 years of america's drug war, experts are reconsidering what victory means. >> the war on drugs is not a war on drugs, it's the war on people. >> trafficked labor on the front lines? >> they're things, they're commodities... >> we go undercover... >> it isn't easy to talk at this base >> what's happing on u.s. bases? >> the tax payer directly pays the human trafficker >> fault lines al jazeera america's hard hitting... >> today they will be arrested... >> ground breaking... they're firing canisters of gas at us... emmy award winning investigative series... fault lines america's war workers only on al jazeera america so what do you do with a dubious distinction, the most dangerous city in america? camden new jersey faced the moniker, and "america tonight" turned its focus on efforts of reform beginning two weeks ago. now president obama touted camden as a model for other cities. let's make a difference from "america tonight"s adam may. >> reporter: a camden police officer confronted by a woman hiding in a shower with a 12 inch knife. for police station, the dangers of the job are very real. nothing like it used to be. >> shooting homicides in the alley up here - there was a homicide tlsks a shooting in the -- there was a shooting in the store behind us. >> there's a lot of crime rate. clean. >> it's different. >> officer christian jeffreys walks the beat in camden's fairview neighbourhood. >> all done for the summer? >> good. >> he's one of 400 officers on patrol in america's dangerous city. in 2013 camden dismantled its police department, bringing in blood. the orders - engage in real community policing. more boots on the ground. 8-hour patrol shifts on foot. making making arrests like this more common. how does walking this square decrease crime? >> if i was in a vehicle i wouldn't spend much time in it. like it's been done before, prior to the camden police department changing over. >> reporter: since the reforms, square. >> we know who lives here, who doesn't. we see the same people in here playing with the kids. >> reporter: the city introduced a state of the art surveillance system. more than 100 live streaming cameras monitored 24 hours a day. we have something that the camera. >> reporter: orlando, the new assistant police chief, says the cameras are not only helping solve crimes hike this shooting in 2014, but police are using them to predict crimes. what is known as the broken window theory of policing. >> we look for those things that are indicative of crime. when we see people conduct themselves maybe in a way that would suggest they are about to fight. rather than waiting for a fight to break out. we want to be in front of it. where there's europating in public, there's other things creating a public safety nuisance, not just a crime, but a nuisance, we want to be out in front of it. >> if you attack the little things, it impacts the bigger things. if we use the camera for the needle in a haystack, where we just waited for the one shooting. the impact would be minimal. shooting. >> absolutely. we want to be out in front of it. they are indicative of crime. >> the police are taking their extensive network of cameras to a new level, launching a virtual neighbourhood watch, allowing residents to tap into the cameras, a first of its kind programme in the nation. >> i can access a camera, so i can watch the playground. if there's a group of individuals that are displays suspicious behaviour, we can zero in on that. >> reporter: brian morgan coaches little league, it used to be a haven for prostitution and drug. now four surveillance cameras watch the children at play. >> he's playing baseball, taking the first swing on a swing. what can be more natural. surveillance. >> reporter: you can do it on the phone. >> that's the cool thing. those of us connected to the league and other community groups have the ability to log into the camera system a few residents, screened in advance, have been given access to the interactive community alert network, known as icann, tips on anonymous, and are able to use the cameras and zoom in. >> i very good police officer will never know the area as well as the residents themselves. they know all the relationships, they can put it us. >> reporter: since enact the changes, there has been reports of big drops in crime, homicides down almost 50% since 2012. overall crime down 18%, compared to may last year. still, there are some detractors. >> reporter: the police call the strategy community policing. what do you call it? >> community terrorizing. it's pushing the community for environment. >> this man is an activist in camden and lost trust in the local police force and said officers are under a lot of pressure to perform, so tactics are often heavy-handed. >> there's a lot of complaints against the police officer and their tactics and how they harass young people. we have a lawyer looking for people who have been stopped and frisked illegally and stuff like that. and challenging and pushing back that. they are stopping young people without a record and pushing them into trumped up stuff. it's a negative. >> one thing everyone agrees n, camden's crime problem is not just about law enforcement. jobs are scarce, and poverty runs generations deep. >> he loves it. >> reporter: but there are signs of change. police interacting with people, working together to make the city safer. >> camden was named most violent city in america. >> mm. >> reporter: you work here. change? >> personally, i think it's great to watch it. from when we came here until now, i see the difference. i hope it goes away for camden, that game the ultimate test whether the new approach works - money. companies invested nearly $1 billion in camden over the last year, lured by evidence that camden is becoming a safer place. tell us what you think at aljazeera.com/americatonight. talk to us on twitter or facebook. come back, we'll have more of "america tonight" tomorrow. >> the u.n. says nearly 1,000 migrants died trying to flee myanmar, as malaysia, indonesia and thailand tackle ways to handle the crisis. i'm darren jordon, here in doha. also ahead - face off in burundi, police crack down on defiant protesters, the president clings to power. iraqi troops join forces with shia militias to recapture the key city of ramadi we go inside aleppo in
his arm here, we'll sell his skin here thanks for joining us, i'm joie chen. it is the last gift any of us gan give, and one of the most meaningful. thousands donate their body to science each year, hoping their sacrifice will serve the greatest cause of medical research. the great intentions resulted in the rise of unintended lucrative and largely unregulated industry. for-profit body brokers with some bodies under investigation by the fbi and families in several states fearing the worst outcomes of loved ones last wishes. lori jane gliha investigates. >> he always wanted to make sure that his complete body was cremated, and that i would get the complete ashes back, and i have absolutely no now. >> reporter: by the time linda hayes lost her husband tom, he had two kidney transplants and received a new pancreas. >> reporter: how old was he? >> he was 56 when he died. >> reporter: type 1 diabetes got the best of him. he hoped medical student could learn were his illness when he was gone. >> he said when he died he wanted to donate his body to science. because of his health issues, he's gone through this, this and this they could learn a lot from his body. >> lindaeddadonatedtom's body. it is a way for families to assist medical research and avoid cremation fees. unbeknownst to linda, her husband's body was about to become a lucrative industry, the trade in cadaver parts, a single body can bring in as much as $10,000. linda eventually received tom's ashes in a modest wooden box. what specifically did you think would happen when he donated his body to science? >> i thought that after he was picked up, they would take him to their facility and see who was looking for a certain thing, and okay, we'll send him here. that's what i thought. i didn't think his head here, we'll sell his arm here, and his skin here. i did not think that would happen. now i look at the box. it may as well be empty. i have no faith that their tom's ashes. >> reporter: you don't think it's tom's ashes? >> no. >> reporter: linda's alarm began when she saw a clip on the news. biological research center, the company that took tom's body, was under fbi investigation linked to raids in detroit and phoenix. it was not the first time the industry faced scrutiny. the fbi and local law enforcement prosecuted half-a-dozen body brokers. leader are accused of cutting up the bodies and selling them to a middle man. in one case the fbi ales the company received $500 for a arms. >> i couldn't believe it. it was a slap in the face. and i was dazed for a few days. i can't believe this is happening. i was just sick to hear about something like that happening. i thought we were doing something good for the medical society and here are people turning it into i don't know what you call it. craziness. >> kathy is tom's sister. >> hey, how are you? >> good, how are you? >> reporter: inspired by linda she decided to donate her own husband's body to bijock logical research center when he passed in december. >> i knew what he wanted to do. do. >> reporter: she said her husband loved science and hoped someone could study his cancer and lung disease. >> i did not imagine them cutting his body apart, disposing it, putting it where they wanted it. i didn't thip think is would be one part to one place, and another to another place. >> reporter: if you had known body? >> no, not at all. i expected is to be intact, used for medical research, and his body cremated as i was told, and back. >> reporter: she, too, received a wooden box, supposedly with her husband's ashes. this fbi document reveals agents recovered her husband's remains at a company address during a search. how was it possible her husbands remains were in two places at once? >> i feel there's no closure. i don't know who they had, where my husband is, i don't feel like things are resolved right now. >> representatives for biological research center of illinois would not appear on camera, but say they have not done nothing illegal. an attorney provided us with garthy's consent form, showing she was informed in writing that the body could be dissected. she admits that she signed the form but the information was not clear. there are others found by the fbi that feel mislead. >> i think people would say we had people signed consent form, and it said the worth disarticulate in there. how well do you think the company united with you? >> not at all. >> would have said no. because he didn't want that. he wanted to stay together. and help something. not have someone make a profit from - off of his body. >> do you think there's a problem that there are groups making profit on this type donation? >> i think it's a problem if they are not informing the donors. >> paul dude abbing runs the anatomical gift illinois. >> how many bodies do you have in the room? >> currently 230, 235. we need to get up to about 370, 375 to meet the demand for all of our schools. >> unlike the biological resource center of illinois, his is a non profit programme that mostly supplied embalmed cadd avers to medical school. >> we probably trained many. >> reporter: are people naive to think a body would remain fully intact when donating is this. >> i think some are. most understand that, you know, at least for us the majority of our bodies go through anatopic dissection and study. >> what does it mean to have the body dissected. >> it's not a hack and cut process. when we do park a body, maybe we'll send the legs to russia orthopaedics and the torso to north western for the breast reconstruction training programme. we may send the brain to the alzhiemer's programme at iola dudek says once medical research is complete, he's transparent about where and how the remains are used. >> although organ and tissue transplants are regulated, there's little oversight when it comes to body parts not in use by humans. how easy would it be for people to use body parts for a reason that is pon. >> it would be fairly easy. >> reporter: in fact, in a search warrant affidavit, the fbi alleges biological resource center of illinois, and an earlier company owned by the same family called anatomical service incorporated engaged in criminal behaviour. run by father and sun, the companies which merged in 2012 are accused of taking body parts from people who take clear commands that they don't want their bodies donated. making statements by their families as to how and why families are used, and selling body parts that have hepatitis, septemberize and -- septis and other matters. one doctor we spoke to said he would not have used the specimen had he known it was infected. >> reporter: under what circumstances would you send a body out? >> if it was a school acting specifically for h.i.v., or hep c donor. >> reporter: is there any reason you'd send out an h.i.v. >> none whatsoever. appropriate? >> no. >> reporter: biological resource center of illinois supplied these documents, showing the customer was aware of infectious bodies, signing an agreement. the company declined to comment on dozens of cases distributed under a different company name. >> what things do you think needs to be put into place to donations? >> buyer be ware. i would research the heck out of them to find out who they are, where they are and what they do. and make a decision. the fbi investigation into biological resource center of illinois continued for more than a year, with no charges or answers for people like kathy and her standard linda hayes. >> i'd like know where they took his body, and what happened from there. it's time for regulations in this industry and moralry they broke laws. >> if you were sitting with the head of biological resource him? >> i'd beat the crap out of him. that's how mad i am. i don't know what else to say. i think he's a jerk, i think he treats life and death disrespectfully, and something better be done with that, him and his organization. both distributed the ashes from wooden boxes, after all, they are not sure whose ashes they have "america tonight"s lori jane gliha is here. lj, we are hearing from the nonprofit organization that there's a serious need for medical research to have the bodies. can you give us an idea how the remains are used. >> yes, a lot of people think the bodies go to a medical school. when you go to a for-profit company, it goes to company a, b, and body parts go across the country for various uses. they may be used for medical research, testing of surgical devices or used to do training. i talked to a dentist that said he received a training in front of others using this head. if you are curious, ask before you do the donations. >> i thought it was illegal, frankly, to sell body parts, isn't it? >> there are different acts and rules in place. the national organ transplant acts which prevent the sale. unfortunately, there are different ways around that. what happens is some of these companies charge fees associated with taking some body parts. in these cases they charged fees. and that is how they get around not charging for specific parts and tissues. how can you be sure if you give your remains of your loved ones for all the best purposes and reasons, how can you be sure they are used in the way that your loved one intended and that you want? >> one of the best things to do is ask the questions. you have the right to say is my body going to this, this and this. if they say no, that may not be the place you want to go. you should know what a for profit place is. there's a group, the association of tissue banks, and they are trying to come up with standard, they do a lengthy process and are talking about doing more things, being informed consent. making sure you are clear about what could happen with the body. to empower yourself as a consumer, ask the questions, if you are not comfortable, don't do it. >> lori jane gliha, thanks the final shot - a search for justice for a man gunned down in a hail of bulletsar a police mistake. >> later - cleaning up the neighbourhood. how police in america's toughest city set out to make change within the community. >> hot on "america tonight" web sited. hot landing - the most expensive weapon system and have vermonters are trying to wave off the f-35. at aljazeera.com/americatonight in our fast-forward segment a look back at points - questionable actions by police officer. before baltimore or any other cases focussed tension on excessive force, a stunning case in cleveland, where officers fired 137 shots at one vehicle, based on what turned out to be a mistake. "america tonight"s christopher putzel explains. [ sirens ] >> reporter: it started with a car chase. more than 62 police cars went on a 22 minute chase, and police fired 132 shots into the car. the people inside tide of gunshot wounds. one was timothy russell, a dooekon at his family church. >> when i found out it was him, i was shocked. everything announced about the person fleeing from the police, ramming the police car and this kind of stuff was totally out of character for him. police say that at the time they believed russell or his passenger melissa williams shot at police before leading officers on a chase. it turned out they mistook the car backfiring for a gunshot. >> it seemed the whole police department was chasing them - car after car after car following this one couple. and it was - it was crazy the case shook the city with many calling the incident racially motivated. michelle and her family were awarded a wrongful death suit, awarded $1.5 million. >> he was a human being, i don't think anyone deserves to be treated like that. they did not give them an opportunity to go through the legal system. whatever they did, fleeing from the police, it did not warrant a death sentence. >> one of 13 officers who shot at williams and russell was criminally charged fast-forward to the trial of that officer, michael brelo facing involuntary manslaughter. prosecutors said he alone fired 49 shots including the final 15. protesters have been keeping vigil as the judge blshts. >> next, the toughest job in america's stuffest city. camden ners ci, and the broken -- new jersey, and the broken window approach to cleaning up crime. and a second chance at justice. wednesday on "america tonight", after 10 years of america's drug war, experts are reconsidering what victory means. >> the war on drugs is not a war on drugs, it's the war on people. >> trafficked labor on the front lines? >> they're things, they're commodities... >> we go undercover... >> it isn't easy to talk at this base >> what's happing on u.s. bases? >> the tax payer directly pays the human trafficker >> fault lines al jazeera america's hard hitting... >> today they will be arrested... >> ground breaking... they're firing canisters of gas at us... emmy award winning investigative series... fault lines america's war workers only on al jazeera america so what do you do with a dubious distinction, the most dangerous city in america? camden new jersey faced the moniker, and "america tonight" turned its focus on efforts of reform beginning two weeks ago. now president obama touted camden as a model for other cities. let's make a difference from "america tonight"s adam may. >> reporter: a camden police officer confronted by a woman hiding in a shower with a 12 inch knife. for police station, the dangers of the job are very real. nothing like it used to be. >> shooting homicides in the alley up here - there was a homicide tlsks a shooting in the -- there was a shooting in the store behind us. >> there's a lot of crime rate. clean. >> it's different. >> officer christian jeffreys walks the beat in camden's fairview neighbourhood. >> all done for the summer? >> good. >> he's one of 400 officers on patrol in america's dangerous city. in 2013 camden dismantled its police department, bringing in blood. the orders - engage in real community policing. more boots on the ground. 8-hour patrol shifts on foot. making making arrests like this more common. how does walking this square decrease crime? >> if i was in a vehicle i wouldn't spend much time in it. like it's been done before, prior to the camden police department changing over. >> reporter: since the reforms, square. >> we know who lives here, who doesn't. we see the same people in here playing with the kids. >> reporter: the city introduced a state of the art surveillance system. more than 100 live streaming cameras monitored 24 hours a day. we have something that the camera. >> reporter: orlando, the new assistant police chief, says the cameras are not only helping solve crimes hike this shooting in 2014, but police are using them to predict crimes. what is known as the broken window theory of policing. >> we look for those things that are indicative of crime. when we see people conduct themselves maybe in a way that would suggest they are about to fight. rather than waiting for a fight to break out. we want to be in front of it. where there's europating in public, there's other things creating a public safety nuisance, not just a crime, but a nuisance, we want to be out in front of it. >> if you attack the little things, it impacts the bigger things. if we use the camera for the needle in a haystack, where we just waited for the one shooting. the impact would be minimal. shooting. >> absolutely. we want to be out in front of it. they are indicative of crime. >> the police are taking their extensive network of cameras to a new level, launching a virtual neighbourhood watch, allowing residents to tap into the cameras, a first of its kind programme in the nation. >> i can access a camera, so i can watch the playground. if there's a group of individuals that are displays suspicious behaviour, we can zero in on that. >> reporter: brian morgan coaches little league, it used to be a haven for prostitution and drug. now four surveillance cameras watch the children at play. >> he's playing baseball, taking the first swing on a swing. what can be more natural. surveillance. >> reporter: you can do it on the phone. >> that's the cool thing. those of us connected to the league and other community groups have the ability to log into the camera system a few residents, screened in advance, have been given access to the interactive community alert network, known as icann, tips on anonymous, and are able to use the cameras and zoom in. >> i very good police officer will never know the area as well as the residents themselves. they know all the relationships, they can put it us. >> reporter: since enact the changes, there has been reports of big drops in crime, homicides down almost 50% since 2012. overall crime down 18%, compared to may last year. still, there are some detractors. >> reporter: the police call the strategy community policing. what do you call it? >> community terrorizing. it's pushing the community for environment. >> this man is an activist in camden and lost trust in the local police force and said officers are under a lot of pressure to perform, so tactics are often heavy-handed. >> there's a lot of complaints against the police officer and their tactics and how they harass young people. we have a lawyer looking for people who have been stopped and frisked illegally and stuff like that. and challenging and pushing back that. they are stopping young people without a record and pushing them into trumped up stuff. it's a negative. >> one thing everyone agrees n, camden's crime problem is not just about law enforcement. jobs are scarce, and poverty runs generations deep. >> he loves it. >> reporter: but there are signs of change. police interacting with people, working together to make the city safer. >> camden was named most violent city in america. >> mm. >> reporter: you work here. change? >> personally, i think it's great to watch it. from when we came here until now, i see the difference. i hope it goes away for camden, that game the ultimate test whether the new approach works - money. companies invested nearly $1 billion in camden over the last year, lured by evidence that camden is becoming a safer place. tell us what you think at aljazeera.com/americatonight. talk to us on twitter or facebook. come back, we'll have more of "america tonight" tomorrow. >> turned away. now there's hope indonesia and malaysia offer temporary shelter to thousands of desperate migrants. hello, welcome to al jazeera, i'm nick clark. also coming up on the programme - risking it all. protesters in burundi try to force the president to end his bid for a third time in office. the battle for ramadi. the u.s. president speeds up weapons supplies for sunni
the fact that she did brief reporters of the white house this weekend without wearing a mask. it is all of us moving forward here showing the dangers of this virus that many people are positive with this without showing any symptoms. this is not the first person of the white house to test positive, you have the preside president, the first lady, chris christie, kellyanne conway, senator mike lee, senator tom tell us, reverend john jenkins, hope hicks, ronna mcdaniel and the president's campaign manager bill stepian. officials say vice president mike pence and his wife tested negative this morning. the vice president is scheduled to arrive this evening in salt lake city, and after the debate the trump campaign says the vice president will travel to what they described as key states and will campaign in arizona and traveled to indiana where they will vote early and move on to other events of the campaign promises to announce. they canceled campaign rallies in florida and wisconsin among other places, and it's unclear whether the president will return to the campaign trail. it is some discussion and we are still waiting for the update from the doctors which we hope to get shortly. >> dana: let's bring in brian morgenstern in. you and the rest of the white house staff have been through the ringer this weekend that's for sure. let me just start by asking what it's like to be there of the white house. i'm sure you've worked all weekend, and not having a president there. >> thank you for the question, it's good to be with you. we are all vigilant and all working together whether it's by phone or in person, if that's possible. if we have meetings we need to attend in person, we are kind of experienced with this at this point, it's been a number of months during the pandemic and we know what to do when there are positive cases around, people who may be exposed and isolated and retake tests regularly so that we are able to do it identify cases quickly. things are cleaned on a very regular basis, so we are going about our jobs as best we can and installing calm and confidence with the american people, their government is working. the president is working and, i understand that there will be a briefing at 3:00 p.m. today which is when we might learn whether the president will be returning to the white house? >> i won't get in front of dr. conley or any announcements on where the president will spend tonight or be in future days. i know that the president has been very active and very energetic. we saw him tweeting with the caps lock button on quite a few times this morning andy how does national security briefing yesterday and he's been on the phone with other staff today. i know he is continuing to work and is eager to do so. resuming a more normal schedule. i'm sure that he wants to and he will also be consulting with his doctors and following their advice for sure. >> dana: i would say that we can communications with sub optimal. from the doctor and mark meado mark meadows, that could've been more clear to avoid the confusion that ensued. >> i think there were comments that were misconstrued quite a bit and i think there was panic on the part of the media that maybe wasn't justified. the doctor gave several on camera briefings himself and several memos and he released to the extent that there were points that needed to be clarified and i think we clarified them properly. there is no easy way to communicate in the middle of a pandemic and in in the election when the president is in the hospital. of course he released a couple of videos himself to talk to the american people so we've been very transparent and it is not an easy topic to communicate on, but we are working hard on it and working to inform the american people on a real-time basis. >> dana: so your boss, press secretary kayleigh mcenany that she has tested positive but she is feeling fine. two deputies also in the press office have tested positive. so i suppose you are holding down the fort. when she was briefing over the weekend, she did so without a mask. if you do any goggles going forward or come up with that change? >> we will wear a mask when we cannot socially distance but if you're outside and standing back from everyone it may be easier to hear if we don't wear one. if there is a situation where i need to be close to someone and i'm wearing my mask when i cannot distance if i'm in a meeting with someone and i can't step back or stand back, especially if we are indoors, i will definitely be wearing my mask. so just on contact tracing for people and the cdc to guidelines, if you are within 6 feet for more than 15 minutes you are considered close contact. i think what kayleigh mcenany was doing in terms of gargling, she was back more than 6 feet and outdoors. i think maybe some people are reacting a little bit harshly to that, i think she was behaving safely and she was outdoors and standing back from people. >> dana: and her statement she rode today, she definitively did not know about the hope hicks positive test. can you define, what does she mean by definitively? and they may have preferred to cancel it, she would not do that as well. >> the press office gets information that it needs, has a press office reached out to the chief of staff to circle out better here? >> we talk to the chief regularly and he is keeping us informed and keeping the american public informed and i know that we are working hard to get accurate up-to-date information out to the american people, and multiple briefings with the doctors, multiple briefings of the president himself, and the chief getting out there. if we need and to clarify anything we want to do that as promptly as possible. >> dana: so it appears that the supreme court nomination, sort of the rollout of amy coney barrett last saturday which seems to be aware a lot of this, the coronavirus will spread. there are a couple of senators that tested positive, and the plan right now is two things. and also the covid relief bill. the president tweeted about that on saturday, is he going to do some more and that there are some pretty desperate people out there in america that are looking for this relief. >> i want to note that the event last saturday, we seen a number of positive tests, but generally they say it's a 48 hour window from a positive test or symptom working backward. so really these positive tests that came out late in the week wouldn't really be traced back to the event, i think people were sort of jumping to conclusions there. so your question about supreme court nomination, there doesn't seem to be any reason to hold back. the judiciary committee has had numerous types of hearings and they've had oversight and nomination hearings and it proceeded with them in a hybrid basis where senators can participate virtually. there doesn't seem to be any reason to slow that down at this time. as for the stimulus question, it's a great one. the white house has been pushing regularly really over the last month or more for a relief for people who are unemployed through no part fault of their own, for small businesses and the ppp program, we want to keep people connected to their jobs. we want money for their schools to have ppe and testing so we can have parents back to work and not playing double dead don't make it duty. really the republicans have been supportive of this for quite some time. it's been held up really on the democrat side where we are hoping to make some movement there. with offered stand-alone bills for example in airlines, and other measures, a smaller package perhaps for small businesses, unemployment and schools. we put forth many different proposals, and they address really direct problems that people are facing right now on if we hope that democrats are coming around and we can reach an agreement. >> dana: brian morgan, you've been very generous with your time and i can't imagine how busy you are. thank you very much. joe biden says, the democratic nominees are making those comments before heading to the biggest battle ground of all and that's where we would find peter doocy. >> the biden campaign is trying to get the candidate to stick to strict health and safety protocols while he's out on the campaign trail but today it was not a specialist encouraging him to social distance, it was his wife. >> the doctors listen to the science. if the scientists say that it's safe, that the distance are safe, then i think that's fine. he has not tested every day for covid, just ahead of trips. and speaking off negative, a pledge to poll negative campaign that's a socially distance rally bernie sanders. >> which candidate for president has shown that he will be disciplined and he will be responsible in dealing with this pandemic. which candidate has made it clear that he will develop policies based on the advice of the best scientists in our country and the world? >> there are a handful of biden supporters, a small crowd that is growing a little bit. we expect him to be here in little haiti and then he's got to stop in little havana as well before town hall this evening. >> dana: is a lot to unpack from president trump's treatment, and we will ask an expert about all of it, next. veterans, record low mortgage rates have just dropped even lower. using their va benefits, veterans who refi at newday can now save $3000 dollars a year with the va streamline refi. at newday there's no income verification, no appraisal, and not a single dollar out of pocket. one call can save you $3000 a year. >> dana: president trump's doctors are expected to give an update in the next hour as we learn more about cases heading the white house. you've treated patients that have this disease, tell us what you think about this stage of the presidents journey with covid. >> so now that we are past the viral replication stage which he's been treated for by regeneron and run disappear which is to shorten the course of viral load, now we are on to the process. watching patients with this new kind of daisies as he can be happily hypoxic. the worst thing you can do is damage already inflamed lungs by intervening people. you can do that for a short portion of your time and not become fatigued. he's getting through this information process and recovering quite well. >> dana: how long does that inflammation process typically last? >> varies from patient to patient but because i cut on his viral load, and the hypoxia was fairly transient, it should be fairly quick especially with dexamethasone on board, it decreases the inflammation which thickens the lung tissue and decreases the durability to bring the oxygen into your bloodstream. >> dana: i see some speculate about possible side effects of these drugs that we know he's taking because his doctor has said, any guidance on that? >> it's an extremely safe drug and in phase three trials i found the placebo it affect was similar to the drug itself. colitis, no side effects are expected. >> dana: what about from the beginning of this pandemic to now, the types of therapeutics that doctors now have at their disposal, how quickly were we able to find things that treat covid-19? >> the progress has been incredible. especially vaccination things would come up with now. in the past, four years has actually been considered a fast vaccination and now we are at less than a year and we are coming up with multiple vaccinations for multiple companies because of the warp speed that they have done and also the mechanical treatments that we found out, you shouldn't be intimating people. it would drugs it had more than 60 different studies, probably more than a hundred studies on drugs that can help with this. that helps with the inflammation process and we are constantly making progress. that's still a novel virus. >> dana: and covid-19 viruses are on the rise across the country. jonathan serrie is live in atlanta home to the centers for disease control and prevention. put this into perspective for us. >> we are talking about new york once again, they made so much progress curbing the coronavirus but now local officials are concerned about flareups and nine new york city zip codes. today governor andrew cuomo announced that he will close public and private schools in those areas. take a listen. >> i am not going to recommend or allow any new york city family to send their child to a school that i wouldn't send my child to. they were closed schools in those areas tomorrow. >> governor cuomo says large religious gatherings in these neighborhoods have contributed to much of the spread and he plans to meet with orthodox jewish leaders tomorrow and said he will not hesitate to close temples, tort churches and mosques that refused to implement state social distancing guidelines. today, mayor bill de blasio attended a mass at st. patrick's cathedral. and it's a sobering reminder of the heavy told that that city paid during. up next, mike pence. he's taking the lead on the date campaign trail. >> dana: vice president mike pence taking the lead on the campaign trail this week and some key states as it gears up for its big debate against kamala harris. let's bring in charlie hurt and harold ford jr. because we could sort of see november 3rd at right in the near future. i want to show you this pole. this is an nbc "wall street journal" poll with biden and harris had 53 in the trump campaign at 39% and that of course is a national poll. let me first to go to you, and harold come and get your sense of how you think this is. >> first, thanks for having me on. when you have those kind of numbers national or state, it takes on a little more significance, although i would agree with probably charlie on this as well that the state-by-state -- particularly the six states are most important. i think the debate on wednesday goes without saying, it's very, very important. it's important to hear, harris asked vice president pence how he would have behaved differently if he were vice president. what you have handled the covid virus differently? i think a lot of america will be watching this with a keener eye on both of those candidates for all of the reasons that have been enumerated over the last several days. number three, i think we have a lot more to happen in this campaign. the polls are relevant and as you well know, we've got a little over four weeks left and it will be interesting to see in each of these states how this plays out. >> dana: it was over two weeks ago that ruth bader ginsburg passed away and now we already have a supreme court nominee, and a lot could happen. now to be the most important or most widely watched of the vice presidential debate ever. >> these are vice president of debates and it obviously takes on added importance with what's happening in the last week or the last three days. look, it's 2020. i think a lot could happen between now and any election day as we've seen over the last three days or the past three weeks for the past three months. i think that's another reason why, and i agree with what you are saying, harold, taking to this proposal with a grain of salt. i think you especially have to take it with a grain of salt especially with this momentum momentousness. another cautionary note is important to remember, and at this point in 2016 and of course there was national polls that put president trump at the exact same deficit as these polls suggest he has right now and of course go on with the combination of some goofy polling at the national level but also ignoring the state polling, they managed to get it all wrong. >> dana: i saw the binding campaign is putting some resources, they've put a lot of money into places like texas and ohio. obviously those two places went for trump last time. is that money well spent or is that fool's gold? >> defer to them. this concerns me that democrats have one more recently. even republic republican governor dewine, i think i've seen him commenting to those to that effect. so to just hone in on a point where i think he's absolutely right, the polling right now, democrats should not take any comfort in any of these numbers. it was i would have been four years ago and it certainly could happen again and one of the things that we are seeing, the trump supporter's in the biden supporters, it is astounding to me in so many ways, just the recognition of what happened to, even the divide i hear this morning. for that matter, early afternoon which is the a supporter of both sides. >> dana: it has been a remarkable 72 hours. fox has you covered as vice president pence and kamala harris meet face-to-face and salt lake city. the before the debate i will join brett and martha for a preview that begins at 6:00 p.m. eastern as well as after the main event which is all part of our very special prime time lineup. we will see you there. texas senator ted cruz is up next. and follow us on instagram at the daily briefing. be sure to check there and maybe we will throw in a jasper picture as well. let newday help you use your va benefits to save $250 a month, that's $3000 a year. one call is all it takes. içuxinflammation in your eye9qò7 might be to blame.ck, looks like a great day for achy, burning eyes over-the-counter eye drops typically work by lubricating your eyes and may provide temporary relief. ha! these drops probably won't touch me. xiidra works differently, targeting inflammation that can cause dry eye disease. what is that? xiidra, noooo! it can provide lasting relief. xiidra is the only fda approved treatment specifically for the signs and symptoms of dry eye disease. one drop in each eye, twice a day. don't use if you're allergic to xiidra. common side effects include eye irritation, discomfort or blurred vision when applied to the eye, and unusual taste sensation. don't touch container tip to your eye or any surface. after using xiidra, wait 15 minutes before reinserting contacts. got any room in your eye? talk to an eye doctor about twice-daily xiidra. i prefer you didn't! xiidra. not today, dry eye. >> dana: at bottom of the hour, time for some top headlines. of president trump's doctor is an update on the commander in chief's battle with coronavirus at the top of the hour. white house chief of staff mark meadows so they could make the decision on discharging the president from walter reed medical center as early as this afternoon. in the meantime, kayleigh mcenany is the latest white house senior's efforts to test positive for covid-19. place in seattle arrested more than a dozen protesters this weekend. saturday night, demonstrators graffiti buildings, smashed the windows of a starbucks and through what appeared to be us fireworks into the store. cops broke up the crowd with pepper spray. more than 20 fires are is still raging. senate majority leader mcconnell is postponing his return, and we are live on capitol hill. they basically put the senate on hiatus floor action, and they will forge ahead with the confirmation hearing for amy coney barrett and that is something that senate democrats don't like. listen. >> the idea of having virtual hearings where no one is with the witness for the highest court in the land, for a life appointment that would have such effect on people's lives makes no sense. >> the confirmation hearing for amy coney barrett, and concerns about health. senators did do have to have their vote on the senate floor later this month. there appears to be a maximum of 51 republicans who would support barrett's confirmation and that's why the health concerns for this confirmation is at the margins. >> as long as we have 51 votes and i am thrilled that we are going to move forward and we are going to move judge barrett who is so highly qualified and highly regarded by her colleagues on both the left and the right. we are going to move her forward and confirm her. >> there is no testing for senators or aides at the u.s. capitol and the capitol complex remains closed. >> dana: let's bring in a republican senator for texas, ted cruz who is a member of the senate judiciary committee and author of the new book one vote away. how a single supreme court seat can change history. senator, you have impeccable timing on a book about the supreme court. how do you make the case that the hearing should go forward? >> i think it's critical that it go forward and it's going to, no surprise. chuck schumer was opposing and he would oppose it before and would oppose any republican nominee but we have an obligation to fill this vacancy and this is why president trump was elected to nominate principled constitutionalist to the court and it's why the american people were elected republican majority in the senate, to confirm those principled constitutionalist. i'm confident that judge barrett will be confirmed and confirmed by the end of the month before election day so that we ensure we have a full nine just a supreme court available to resolve any election disputes that could come of this. >> dana: we do have some breaking news that just came in. president trump has just tweeted that he will be returning to the white house tonight at 6:30 p.m. his doctors will be giving a statement at 3:00 and the president again tweeting that he will return to the white house tonight at 6:30 p.m. no doubt senator that is welcome news to the family as well as people there in the white house. get a comment from you on that? >> that's terrific news and i'm glad the president is doing better and feeling better. i was texting a few minutes ago with his staff that's there with him at walter reed and they said he is healthy and back end working, so that's good for the country and i'm glad he's getting better. our prayers remain with him and milani and everyone right now is struggling with the virus. >> dana: were you at the supreme court rule out with amy coney barrett? >> you know i wasn't, although i am right now in quarantine. i'm here isolated because senator mike lee who was there, mike unfortunately has tested positive for covid and i spent a lot of time with mike. mike and i spent a lot of time together. so given that and given the consultations with physicians i went ahead and quarantined myself. i tested on friday but i'm negative but out of an abundance of caution i wanted to protect everyone else. >> dana: you are doing the right thing. so are you there in texas? >> i'm stuck in d.c., which is frustrating because i'm away from heidi and the girls which has me downright miserable. i facetime them and talk to them but i'm stuck here in d.c. >> dana: can i ask you about texas, because apparently they are putting more money into texas. you've raised the alarm a few times, but what's the state of the race right now? >> i think texas is a real battle ground and it has become a more purple state and that's true in a lot of states across the country. i think we will win texas and i think president trump will win texas, but it's a fight. and to win the fight we've got to make clear what the stakes are and i actually think the confirmation fight over justice. it is very helpful for winning texas. he mentioned my new book that came out last week, one vote away, i didn't know we have a spring court vacancy but i knew we had an election coming up in november. in my view nominating and confirming principled constitutionalist, nothing is more important than this presidential election and with the nomination of justice. it is an importance even more. that will turn out on an awful lot of voters come november. >> dana: are you concerned that the republicans have a slim majority that that could possibly go away or that the republicans could lose the majority of the senate? >> absolutely. this selection is volatile and it could go either way. if conservatives, libertarians, lovers of liberty, a common sense middle shows up in numbers, we could have a great election. the president could get reelected by a big margin, we could grow our majority in the senate or even take the house. but if people stay home, we know the hard left is going to show up in massive numbers. they hate the president. and we could see a devastating election, we could see democrats winning across the board and if we start january of next year with a biden-schumer-pelosi national government, i think the damage they will do in two years will exceed what obama didma din eight and i think they would end the filibuster and they would add two new states and i think ould pack the supreme court and i'm so glad that you are our guest today, and i hope that you will be watching the daily briefing. >> thank you. you can get the book on amazon or barnes & noble, right now it's the number one book on amazon. >> dana: president trump just tweeted that i will be leaving the walter reed medical center today at 6:30 p.m. we have developed under the trump administration some really great drugs and knowledge and i feel better than i did 20 years ago. let's bring in rich edson, his life at the white house. >> we are still waiting for more specifics on the president's condition and what he's been through for the last 24 hours, and that's when dr. sean connolly is scheduled to bring the briefing. the president's doctors and staff have needed to balance since he arrived at walter rita, how can you balance the president's care needs making sure it's safe enough for him to return to the white house and for him to ensure that he doesn't have to go back to walter reed after coming back here to the white house. those have been the ongoing conversations at walter reed with white house staff and the president's doctors. we should be getting more of an update in the next hour and all of this. the white house press secretary says she has no symptoms but has tested positive for covid-19 so there is a smaller white house staff footprint here already today. more people are teleworking according to the white house and more people aren't working in the west wing because of the spread, the potential for more spread. but the president is coming back to it and said he's leaving walter reed at next to mike at 6:30 p.m. and we will get more of an update on the specifics about his condition. >> dana: do you have any information, and apparently i got this from a news report, let to residential staff members at the white house have tested positive. >> we have not specifically confirmed that. the white house is telling us they are refusing to confirm cases citing privacy of those who work here. it's been those white house officials that have taken it upon themselves to reveal that information. the white house has not given us numbers of specifics on how many people they say have tested positive here and we do not have a sense of any other staffers that, beyond those that have declared on twitter that they have tested. and they have devils they tested positive. >> dana: i want to bring in dr. nicole saphier, it's great to have you. and that must be something that happened over the weekend. >> of the president is leaving the hospital and he's been cleared to go back to the hospital. the things that they look forward to, discharge a patient with covid and making sure they are not requiring oxygen anymore. they haven't spiked a fever and the blood work is trending in the right direction and the physicians yesterday indicated that with all occurring, they had swift intervention and were treating him aggressively. >> dana: so they tested positive and then been treated, do you still need to quarantine for a while? >> the cdc says they would like for you to self isolate, once you are positive, they self isolate at that point. they want you to isolate for ten days since the onset of symptoms and for president trump i believe that was reportedly last thursday when he reported some congestion and fatigue. they also want to make sure that the cdc recommends 24 hours without a fever, certain hospitals save 48-72 hours without a fever. but as long as you are symptom-free and ten days since symptoms started then he's cleared to leave isolation but not quite at this point. >> dana: clearly the president has a best medical care in the world but you said something interesting. but if there is something in your family, how important is how early treatment? >> that's the thing. it's not just covid but any medical condition. any early diagnosis and treatment is key to treating any illness, especially covid-19. especially if you've been in close contact with someone or you yourself suspect you have it. it's always good to check in with a vision and most people will not require hospitalization but you would like to at least establish a baseline so the physician is aware of how you are doing because they will check in on you. one thing the president did tweet, you can't be afraid of covid, don't let it stop your life, i agree to that to some extent but you have to remember that while we still don't have a vaccine, he was a given a wide array of treatment that's not necessarily available to everyone. so i want people to continue doing what they can to eliminate the spread of this illness. >> dana: thanks. let's bring in howie kurtz. we will talk about the weekend but now i think we need to talk about the news going forward. the president after three days and three nights, a wonderful place that he wa, but he wantedo be in his own bed tonight. he will be home at 6:30 p.m. just in time for the nightly news. >> absolutely terrific news. at the president feels well enough to go home and all americans should be grateful even those who don't support him politically. but it was on sunday on my show that dr. sean connolly admitted he had held back information about the president twice needing supplement oxygen and other details and he said he dated two transmit an upbeat attitude. there's a top white house official who everyone knows as mark meadows told the pool reporters a much more sober assessment. happily that all seems to be overcome that it undermined the briefing and it created an atmosphere of contradiction and confusion. >> dana: at the other thing from my perspective is, i feel the press office was undermined. she did not know about the positive test for hope hicks and she said that in her statement today. that's an important thing. as i say to any press secretary coming in, i was try to talk to them and say that most important thing you can have his clear information and that you have to make sure and we have situation where your timeline is not as tight as a drum and you will have a lot of problems. i think tightening that up would have helped them to make sure they could have not had any of that confusion. it's really not the press offi office. >> we sometimes blame the press people because if they don't get accurate information then those are the ones that take the fall and look bad. it was journalists who first reported on the diagnosis, it was journalists who first reported that the president was getting oxygen which dr. conley tried to dance around. and that will was the first quick test which came back positive and waited until he got the more thorough test before going public. you want to be out in front of these things and not having dribs and drabs coming out in the press. journalists are doing their job, i don't like the tone that some journalists and commentators are taking almost celebrating the fact of the present got this disease which is very different from raising legitimate questions about what we know and what we should know which is a fine line between projecting optimism, boosting the patient in chief. >> let's talk about that in terms of the media. obviously the president has a lot of feelings about the media and most of them are not good. so how do you think that that press conference went over the weekend. >> i think the reporters who did their jobs and try to ferret out the facts did a good job, in fact, in a way they've been vindicated because some of this stuff about having a high fever, it's now been confirmed about just about everyone. we had a lot of commentators including this former obama official tweeting "i hope he dies." that's morally reprehensible, thus putting the politics of personal hatred about the country. we all should refer the health of the president, even if you support joe biden. some are a little too enthusiastic saying, it's almost poetic justice because it wasn't always wearing a mask and we can debate those policy questions. but as americans we should all root for the president's health, no matter which president of which president it is. >> dana: i'm curious about this vice presidential debate, i think that will be very highly watched. >> there's actually no question about that. it's hard to think of the vip debate that had much impact on the election and obviously it ultimately will come down to joe biden. but given biden's age, kamala harris, there will be a lot of attention on her. even the president's health, i think that with the president not on the campaign trail, and this hurts him because he's quarantined but it also hurts him politically because covid-19 is at the top of the agenda and i think the vp debate will dominate the news for a couple of days and also will perhaps influence some voters who are on the fence about which ticket they want to support. >> dana: howie kurtz, great to have you. we will bear it back. is that a good idea? one of the ways i do that is to get them out of the home. you're looking for a grout brush, this is -- garth, did he ask for your help? -no, no. -no. we all see it. we all see it. he has blue hair. -okay. -blue. progressive can't protect you from becoming your parents, but we can protect your home and auto when you bundle with us. -keep it coming. -you don't know him. woi felt completely helpless.hed online. my entire career and business were in jeopardy. i called reputation defender. vo: take control of your online reputation. get your free reputation report card at reputationdefender.com. find out your online reputation today and let the experts help you repair it. woman: they were able to restore my good name. vo: visit reputationdefender.com or call 1-877-866-8555. now every bath fitter bathbath fis installed quickly, safely, and beautifully, with a lifetime warranty. go from old to new. from worn to wow. the beautiful bath you've always wanted, done right, installed by one expert technician, all in one day. we've been creating moments like these for 35 years, and we're here to help you get started. book your free virtual or in-home design consultation today. you get the freedom of what a 7-day return policy. this isn't some dealership test drive around the block. it's better. this is seven days to put your carvana car to the test and see if it fits your life. load it up with a week's worth of groceries. take the kiddos out for ice cream. check that it has enough wiggle room in your garage. you get the time to make sure you love it. and on the 6th day, we'll reach out and make sure everything's amazing. if so... excellent. if not, swap it out for another or return it for a refund. it's that simple. because at carvana, your car happiness is what makes us happy. arecord low mortgage rates have now fallen even lower. by refinancing, you can save $3000 a year with one call to newday usa. our team is standing by right now to take your call. and from start to finish, you can do it all without ever leaving the house. with our va streamline refi, there's no income verification. no appraisal. and no out of pocket costs. nobody works harder for veterans than my team at newday usa. balanced nutrition for strength and energy. whoo-hoo! great tasting ensure with 9 grams of protein, 27 vitamins and minerals, and nutrients to support immune health. >> dana: live look at walter reed and bethesda, maryland. doctors say the president will be leaving the hospital at 6:30 p.m. the evening. in the nfl dealing with the coronavirus outbreak. the league forced to reschedule two games from yesterday and also investigating possible violations for one of its teams. >> dana, the nfl is scrambling to contain its first real outbreak of the season just four weeks into it and at least 20 players and team personnel for the tennessee titans have tested positive for covid-19 and the league is investigating whether the titans violated safety protocols to put in place this kind of outbreak. and they try to subtract on the source of the outbreak. they could face hefty fines and as for the new england patriots, their sunday game was rescheduled for tonight after the patriot star quarterback cam newton tested positive. tests for the rest of the teams, that game will be fu played. that's about the outbreak which could jeopardize the season. the high numbers of positive test results as well come and a bit of good news this morning and the titans reported zero positive cases for the first time in a week which puts them on track to being able to play next sunday. dana? >> dana: that is good news indeed, everybody wants their football. garrett tenney, thanks so much. president tweeted during this hour that at 6:30 p.m. eastern tonight he will be leaving walter reed. there will be an update from his abductors in the next hour and then, i guess you will see during special report and probably into the story the president returning to the white house. thanks for joining us everybody, i'm dana perino. i will see you on "the five." bill, it's all you. >> bill: we will see you in two hours. happy monday. good afternoon. i'm bill hemmer and here we roll. roll. breaking news from the walter reed medical center, president trump tweeting that he will leave the hospital and he's feeling really good. any minute we will hear from the president's physician dr. song connolly on his current position. he received several treatments over the weekend but meanwhile the virus is still an issue for those working inside the west wing. press secretary and kayleigh mcenany saying she tested positive and will start her quarantine. the trump campaign spokesperson hogan gidley who has talk to the president, jim bide
family, for the community. >> reporter: but deputy eric goalhouse's lawyer, terry leone, says it doesn't minimize the threat her client faced that day. >> an ak-47 with no markings that it was a replica gun, that was pointed in his direction, those weapons, they pierce body armor, they pierce -- they go right through patrol vehicles and this was a residential neighborhood, with homes all around. deputy goalhouse ordered one or two times for mr. lopez to drop his gun. >> reporter: santa rosa police are heading the investigation of the shooting. they now say it was only ten seconds between the time goalhouse radioed the dispatcher and the time he fired the shots. goalhouse told his lawyer he fired when the boy turned when the barrel of the toy rifle raised toward the deputies. >> so once the lethal threat was posed, once deputy goalhouse felt in fear of his life, for his safety. he had no other option but to use his firearm. >> reporter: a police accountability expert says the investigation by santa rosa police and the district attorney is not enough. >> in every single department, there should be some oversight of that department. there should be independent investigations of misconduct issues. there should be a way for the community to have input. >> reporter: now the fbi is also conducting its own investigation. the sonoma county sheriff's office is also investigating a complaint by a motorist who claims goalhouse pulled his gun on him during a traffic stop two months ago. now, goalhouse's lawyer says she could not comment because it was a pending personnel investigation r but leone did tell us he would only draw his weapon if there was a need for it based on his training and expertise. vic lee, abc7 news. >> all right, vick, thank you. police are searching for the owner of two pitbull dogs that attacked four people. it happened in antioch on larksburg drive. one of the animals was shot and killed by authorities. abc7 news reporter alan wong is on the story. >> these were mean, nasty dogs. >> reporter: the two pitbull dogs bit through brian morgan's jacket on both arms and ripped two gashes in his hand. >> the bad one is here, the one they had to stitch up. >> reporter: he was walking his two dogs on this path in antioch around 8:30 last night when the pitbull attacked two dogs. >> i hit it on the back of the head and that didn't have any affect except it upset the other pitbull who then came after me. >> reporter: morgue answers 5-year-old weimer a runner has severe bite wounds. his 13-year-old dog ran away and was later found. morgan said if it weren't for the neighbors, they would be in much bad shape. >> i guess it protected me. i was ender my brother's car. >> reporter: he hit the dog with the lawn tool but he fell and started getting mauled by the larger male dog. the younger brother watched it happened. >> he built his face, he clamped on and then my brother, like, kicked the little red one and then punched the big run and it ripped. >> reporter: the boy's older brother, who was also burnt, kicked it away and jumped on the father's car and turned on him. >> he kicked the dog off the car. he saved my dad. >> reporter: the battle went on for at least 10 to 15 minutes before antioch police arrived and shot the female twice with a shotgun. the male ran off but was later captured and taken here to the pound with the puppy. police say the absent dog owner isn't facing any criminal charges, just a fine and a challenge of convincing authorities the surviving dog is not vicious. if no one claims it within ten days, it will be euthanized. in antioch, alan wong, abc7 news. a san jose man is under arrest after police say he left his children alone in a car overnight. julio reyes was taken into custody late last night. milpitas police say an 8-year-old boy and 10-year-old girl were left inside this car on north hill view drive for 14 hours. he called police to report his car and his children missing. the chp has issued a traffic alert for next tuesday, november 5th in rohnert park because a lot of cars are expected for the opening of the grayson resort and casino. as many as 10,000 additional cars are expected on highway 101 during peak hours. the chp is asking drivers to give themselves plenty of time, therefore, as they travel in that area and to be familiar with alternate route. major changes coming for transit workers that should make the rails safer. the state public utilities commission approved a set of emergency safety rules following the death of two b.a.r.t. workers killed on the tracks earlier this month. here is abc7 news transportation reporter, heather i shall marrow, with more on this for us. heather? >> reporter: the cpuc has been developing new safety rules since the 2008 b.a.r.t. fatality. it was just getting ready to approve those new rules when the latest accident happened and it realized it needed to make some adjustments. today, it left open the possibility of more adjustments once the ntsb investigation is completed. when two men doing b.a.r.t. track maintenance were killed by a train in walnut creek two weeks ago, b.a.r.t. and the cpuc realized they had inadequate safety rules. >> to me, it's just unbelievable that that accident occurred the way it did. and that that kind of work practice could go on. >> reporter: in response to that accident, the cpuc today ordered new emergency safety rules for all 12 transit agencies that regulate. >> unfortunately too often takes a tragedy for us to realize where the gaps are. >> reporter: the b.a.r.t. workers who died october 19th were on the tracks with what's called simple approval, where workers are basically responsible for their own safety. b.a.r.t. has already done away with that process. the new cpuc rules include three-way communications between central control, the train and workers on the tracks. new safety training program and standardized personal protective clothing. b.a.r.t. says it's fully supportive of the new rule. atu and seiu are reviewing the rules. those unions had said that was a top priority in contract negotiations, a point not lost on san francisco transport workers union president, erik williams, when he heard about the b.a.r.t. accident. >> sad, because the unions spoke on safety and nobody really want to hear that. >> reporter: he came to the cpuc today to tell them muni workers have been desperate for training. >> like any other profession, we should be trained, updated yearly, not biyearly, not just sitting in a classroom for eight hours and talk about war stories, it is about actual getting back out on the platform and actual training on any mode that you're working currently. >> reporter: muni says it will comply with the new regulations. all agencies have to give project reports to the cpuc in a year. heather i shall marrow, abc7 news. >> b.a.r.t.'s two unions spoke tomorrow on the deal that ended their most recent strike. that new contract would give workers a 15.4% raise over four years. they will pay $129 a month for health care coverage, that's up from $29 and also start contributing to their pensions. voting ends at 10 tomorrow night. we should have the rules for you on abc7 news at 11:00. as they are voting, an or ribbon da city councilman voting to ban future b.a.r.t. strikes will turn in petitions with 20,000 signatures. as he put it the petition is longer than a ten-car b.a.r.t. train. former 49er bubba paris could spend the next year in federal prison for not paying his tax. paris played nine years for the niners and won three super bowl rings in the process. since 1985, he has been the ceo of his own business, paris enterprises, yes does motivational speaking and sell photographs but according to the u.s. attorney, he failed to pay tax on $182,000 of income from 2006 through 2008. paris, whose real name is william h. paris jr. pleaded guilty to three misdemeanor counts and will be sentenced in federal court in february. well, small group of protesters held what they call a trick or treat protest in oakland today. they claim congress is tricking low-income families by cutting their food stamp benefits. abc7 news reporter carolyn tyler has the story. >> reporter: some dressed in costumes for halloween, but say the real trick comes tomorrow for more than 47 million americans. a temporary hike in food stamp benefits put in place in 2009 during the recession goes away. in california, more than 4 million people will be affected. 67% will be house hordes with children. a maximum monthly food benefit for a family of four will be cut by about $36. for a single person, it will be $10 to $11 a month. here's john wilson's plan to cope. >> well, i can probably fasts for two days. $11, that's about two, three days of food stamps. >> reporter: congress is curr t currently debating a new farm bill that includes even deeper cuts and more eligibility restrictions for food stamps. the house republicans are backing it. the vice chair of the california gop says she is sympathetic to those who need the benefits but blames the president for what she considers misplaced economic priorities. >> see leadership from the president what is he willing to cut to make sure there's more money in this program, not an endless system of writing checks. >> the drop-in benefits will likely put the squeeze on food pantries like this one, the south hayward parish. ralph morales expects more people will show up needs to make up for what they can't buy. >> a tight stretch. the worst case would be instead of giving people food for three days per week, we might only be able to give them for two days per week. >> reporter: nationwide, one in seven americans relies on food stamps. carolyn tyler, abc7 news. >> and we want to thank the south hayward food -- parish food bank for their help on our story. they alerted to it at an abc7 listens meeting hosted by laura anthony and the management team. we hope to learn about the issues facing bay area communities. your organization like to host one go to and 7 news.com and click on our community page. valuable resource for all of us. >> we hope to hear from you. still ahead on abc7 news, can silicon valley correct the obama care website's problems? coming up, the people about to trial. a major milestone tonight for tesla. now you can drive their all-electric cars the entire length of the pacific coast. i'm spencer christian, following a sunny and mild halloween day, we have more sunny and mild weather coming our watch i will have the accuweather forecast in a moment. >> thanks, spencer. th ♪ at kaiser permanente we've reduced serious heart attacks by 62%, which makes days with grandpa jack 100% more possible. join us at kp.org and thrive. the obama administration has recruited software experts from two bay area tech giants to help fix its troubled health care website. one of those engineers, mikey dickerson is a site reliability engineer on leave from google. he is now working directly with the general contractor hired to upgrade healthcare.gov. the website was down for the second time yesterday because of technical problems. it's been plagued with glitches ever since it launched. oracle ceo larry ellison spoke about his company's efforts to fix the site at today's shareholders meeting. >> we think it's our responsibility as a technology provider and technology industry to serve all of our customers and the federal government is one of our customers. we are helping them in every way we can. >> also today, republican congressman darrell issa of southern california subpoenaed health and human services secretary kathleen sebelius, demanding couples to and information related to the website. the bay area's own tesla motors just gave drivers of its high-end electric car an extension cord, of sorts it is a key network of its new super charging stations built especially for road trips. abc7 news reporter jonathan bloom, has the story. >> get the charge cord. plugged in right there. >> reporter: since dawn gordon wylie got a tesla model s, there's one place she hasn't been in a while do you miss gas stations at all? >> not one bit. >> reporter: the highest end model s can go 265 miles on a charge. that's about from here to san luis obispo and yet, there's a pair of tesla sedans making a trip longer than that. >> driving from san diego to vancouver using our recently opened network of super chargers. >> reporter: super chargers what tesla calls the big contraptions that charge up the car's battery at super speed. you can get three hours of driving time by plugging in 20 minutes. >> our chargers are way faster than anything else out there. >> reporter: it means you can charge your car. >> you pull into a charging station. you plug into the car. and go have lunch, have a cup of coffee. >> reporter: keep right on going. >> yesterday, we start downed in san diego. >> reporter: the super charges are listed on the car's built-in google maps 100 miles apart from mexico to canada. >> demonstrating the ease at which you can charge at tesla super chargerers and take free road trip in model s. >> reporter: free if you happen to own one of these $70 to $80,000 cars. it is an investment for tesla, eliminating the reason people hesitate to buy an electric car. ranging an anxiety. >> the lowest we got is 13 rated miles left, about as low as you want to go >> i have gotten home to my own charging station with 14 miles left and breathed a little sigh of relief. >> reporter: have you ever gotten caught short? >> not yet. >> reporter: teslas don't need a super charger, they can charge other outlet, a good thing, here in san francisco, there isn't a super charger. the nearest someone fremont near tesla's factory. the free chargers at chrissy field take several hours to charge a tesla. see a super charger here at chrissy field? >> think about it, that is probably good idea. >> reporter: first, tesla wants to finish the route from new york to l.a., then boston to miami. [ horn honking ] in san francisco, jonathan bloom, abc7 news. >> the tesla is becoming as popular as it is pricey is in affluent areas. according to edmonds.com, the tesla is the number one selling car in these bay area cities. it is no coincidence these are among the most affluent places in the country. keep in mind, tesla is the number one selling car in norway. another vision of tesla ceo elon musk has taken a big step forward tonight. musk has proposed building what he calls the hyper loop, which would shoot you through a tube in an air conditioned capsule between san francisco and los angeles in half an hour. sounds crazy, but a group of engineers, designers and entrepreneurs has signed on to this idea and they have now formed a business called hyper loop transportation technologies inc. the company said today that several high-tech firms and the ucla school of architecture have been enlisted to help with this project. trick or treaters hit the streets early today in san jose to get a head start on halloween. pirates, princesses and, of course, super heroes head out to the willow low glenn shopping district for this event. businesses on lincoln avenue handed out candy in front of their stores. one stop, kids were able to pick out a free book instead of loading up on even more candy. weather is perfect for them tonight. >> absolutely. perfect companies in the afternoon. nice and sunny and mild. as it gets dark it will take a while for it to get chilly outside. trick or treating weather left. here is a look outside. you can see on our radar image, we have clear skies across the bay area, than way all night. here is great view of the western sky from mount tam. the skies are clear and temperature readings right now, 60 in san francisco, 63, oakland, upper 60s, san carlos, san jose, 57, half moon bay. emeryville, golden gate, also clear skies, nice new 67, santa rosa, mid-60s, napa. novato, 67. upper 60s, concord and livermore. one more live view from the east bay hills camera. looking over at mount diablo, eastward, the sky is still bright. the forecast features, clear and cool for trick or treaters around anyone else who is around tonight, some chilly spots during the overnight hours, especially in the north bay valleys, mild tomorrow, milder than today, as a matter of fact, but it will be a little bit cooler over the weekend. our satellite radar composite image shows a large, expansive area of high pressure that will be the dominant pitch earth next several days, dry pattern we have now will extend into next week. it will get cooler. what a dry october we have had. dry octobers in san francisco this month, no measurable rainfall at all. 4 1 4th occurrence of a completely dry october in san francisco since 1849. the last was in 1980, no indicator of what kind of rainy season we are going to have. some of our rainiest rainy seasons, some of the driest rainy seasons following dry octobers. interesting information though. ghosts will disappear overnight and we will have clear skies, chilly conditions up in the north bay, lows dropping into the upper 30s, low temperatures most other locations, mid to upper 40s, tomorrow, sunny skies again and even milder than today. in the south bay, see highs ranging from 74, san jose, 76, los gatos, 77, gilroy. the peninsula, highs, 72, san mateo, 73, palo alto, 73, redwood city. 68, half moon bay. the coast, mid to upper 60s, downtown san francisco, 67 in the sunset district, 75, santa rosa. east bay you highs of 72, oakland, 74, free moment. inland east bay, 76 at fairfield, antioch and livermore. here is the accuweather seven-day forecast. a little cooling down on saturday, not much, it will be very pleasant. set the clocks back saturday night, sunday morning, fall back to standard time. cooler weather on sunday and monday, still dry, turns milder again on tuesday and wednesday. not going to have much change over the next seven days. >> nice, perfect. coming up next, how google's mysterious barge in the bay is quickly becoming a tourist attraction. >> what are they doing out there? tonight at 11:00, a bay area politician who had a very public meltdown is finally telling the whole story only to abc7 news i team. a sex tape, a drug addiction and her famous husband's surprising response. dan noise has the exclusive interview tonight, only to thosuffered in silence... hoped... and lived in a state of fear... welcome to a new state... of health. welcome to covered california. the place to find quality, affordable coverage. financial help for those in need. and nobody can be denied because of a pre-existing condition. enroll now at coveredca.com or call 800-675-2607. so delicious, they won't even know it's chicken. 50% less fat... 100% johnsonville taste. federal authorities discovered a tunnel used to smuggle drugs between the u.s. and mexico complete with a rail st. the tunnel stretches from tijuana all the way to san diego's otay mesa industrial area. we have video to show you inside the tunnel. it runs about a third of a mile at a depth of 35 feet. authorities seized more than eight tons of marijuana, 325 pounds of cocaine in connection with this discovery. >> in flight, you can feel it kind of shimmy and making noise. i kind of dozed off in between. >> we apologize. that is the wrong sound but we were hoping to bring one of the agents describing that tunnel. more than 75 of them have been found on the u.s./mexico border since 2008. the tunnels primarily connect to arizona and california. google's mysterious barge in san francisco bay is becoming a tourist attraction. tonight, that barge is holding white storage containers wrapped in construction mesh. there are fences all around it and security guards on the pier. dpoogle will not admit to building the barge, but does say it will let us know what it is when it's finished with t google has patent application for a floating platform-mounted computer data center so we are guessing what could be at work here. >> the meantime august lot of publicity and interest about this. >> oh, yes. coming up next on abc7 news at 6:00, the new rules for electronics on airplanes. pretty soon, you won't have to shut off your iphone or your kindle but there will be some exceptions. also tonight, new revelations on an fbi bribery sting against california state senator with hollywood aspirations. plus -- >> get your home's interior designed for at kaiser permanente we've reduced serious heart attacks by 62%, which makes days with grandpa jack 100% more possible. join us at kp.org and thrive. when ifor your business..curity tyco integrated security. we'll do a security review of your business to understand your needs, customize an integrated solution that meets your specific challenges. and deliver it all with responsive local service, and a personal passion to help you protect your business. we'll even give you the power to manage it all... right from the palm of your hand. call us for a free security review. the next time you fly, you may notice a very big change. you know how irritating it can be to turn off your ipad or other gadgets for takeoffs and landings. today, the federal aviation administration lifted those restrictions. abc7 news business and technology reporter david louie takes a look at the change. ♪ >> reporter: burlingame-based virgin america just released this new safety video but the admonition to turn off devices soon will be moot. tablets, e-readers and mobile phones can stay on before takeoff and landing as long as they are in airplane mode, making cell phone voice calls still will be banned. we asked industry analysts why it took so long for the faa to change the rules >> the faa is a very conservative organization. safety always comes first. but we are now at the point where the devices are safer. the technology on the airplanes are safer and the way the airplanes are built make this more possible. >> reporter: each airline must submit its device plan for faa certification so the rollout of the policy may not be instantaneous. an estimated two-thirds of passengers carry mobile phones or smartphones on board. 40% have tablets. what the faa didn't make clear is whether video calls are allowed when using wifi allowed on some airlines. >> some of the airplane's wifi systems can't support video chat, whether it is face time or other video services. so, if you use that, you slow down the experience for everybody and on some systems, you may even be booted off. >> reporter: one passenger wound officers even more devices will be carried on board. >> who knows what the next thing for kids is gonna be. could be a little bit noisy around the plane after a while. >> reporter: there are two exceptions to the new rule, laptops need to be turned off before takeoff and landing and in low-visibility situations, the crew may ask for all devices to be shut off. in san jose, david lieu which, abc7 news. we now know a lot more about the fbi's case against a powerful california lawmaker. in june, acts raided the capital office of state senator ron calderon, an fbi affidavit reveals the raid came after 14 months of investigation and alleges that he accept a accepted more than $60,000 in bribes from an fbi agent pretending to be a hollywood producer. here is our reporter, john meyers. >> they were all over us. they fed us tips, information. >> reporter: they are b-list movies co-produced by a company seemingly run by this man, an undercover fbi agent who posted this twitter photo with his target, state senator ron calderon. >> my intention at this point is to do my job that i was elected to do. >> reporter: that was calderon in june, hours after fbi agents raided his capital office. this sealed affidavit leaked to the cable news network, al jazeera america lace out several damaging fbi allegations. it includes that ron calderon took money in exchange for legislation to change california movie production tax credits. calderon says the fbi document has a film called movie executive funnel some 27,000 bucks to his daughter for a job that didn't exist. any help you could do for my kids, calderon is quoted as saying, that's diamonds for me. and the tax credit legislation, calderon, i can make that play. but the capital play failed, the bill went nowhere. even so, ron calderon's relationship with the agent pretending to be a movie boss continued. a relationship the affidavit suggests the senator knew was trouble. we cannot have a conversation we just had, calderon is quoted as saying to the agent. we cannot a have a quid pro quo conversation. the alleged exchange of money and favors continues. a $4,000 vip table at this concert last halloween at the bellagio in las vegas, way beyond the legal gift limit calderon could accept. then this past winter, the affidavit says calderon gave a legislative staff john to the movie is producers a girlfriend who also was an undercover fbi agent. al jazeera america confronted calderon at a golf course, not surprisingly, the senator wouldn't talk. the sealed document includeds even more allegations. calderon, working with his brother, former assembly man caldercal der accused of taking money from a health care executive to help a new business avoid set it regulations. we have been keep him in business four years he confides to the undercover agent. then $25,000 donated by the undercover agent to a plight al action committee, then transferred to a non-profit organization controlled by the calderons. the goal of funneling money to the non-profit alleges the affidavit, we can pay ourselves, it says ron calderon confided, all of this while unproved legally has a much worse impact for everyone under the capital dome. >> what that is going to do among other things is make voters think even less of politics and politicians than they already do. >> reporter: in sacramento, john meyers for abc7 news. just ahead here tonight on abc7 news at 6:00, it has been called a cool new way too help athletes and others recover quickly from uncle go one,two,one,two,one [uncle]thistwo,one.cotch,okay? [niece]okay! [uncle]okay? [niece]one,two three,four,five,six,seven,eight! [uncle laughing] okay,we go the other way,okay? [niece]one,two,three,four,five, six,seven! [uncle laughs]there's ten spaces,you want to try again? [uncle]yeah? some athletes are turning down the thermostat to help them recover from their workouts, using a technology called full body cryotherapy which applies ultracold to affect the body. it may look like a sauna, but it is actual the reverse, a super cold treatment known as cryotherapy. >> it is like an ice pack or ice pack. >> reporter: the treatment originated in japan in the 1970s for rheumatoid arthritis. clients spend two to three inconsistency a cryosauna that takes skin temperature down to 30 degrees fahrenheit, so cold, clients wear protective clothing. >> go out, underwear, a ear muffs. like standing outside in the snow with shorts and a tank top on. >> reporter: runner mckenzie hill says it helped her get back to competition after a torn hamstring while mare yin clayton says it helped her return to exercise despite arthritis. >> i'm able to do my water aerobics. my yoga. >> reporter: in fact, cold has back hot topic in sports medicine. some experts now believe that lowering an athlete's body temperature immediately after exercise can alleviate inflammation in muscles that have been pushed to their limits, speeding recovery and lessening the pain often associated with exercise. but the biology was complicated and debates how different methods of cooling affect the body. physical therapist andrew pritikin has worked with the cryotherapy chamber and says he has seen results. >> we really want to get all that inflammatory process going and getting it moving along and getting it out. with this cold, it really does that. >> reporter: others are more cautious. stanford biologist craig heller helped develop a device that trains heat from the palms of athletes' hands called core control blood, now commercialized. ice baths can accomplish some of the same benefits but he is skeptical of the short exposure to cold used in the cryosauna. >> just a few minutes in very cold air or gas is not going to do much to lower your body temperature. >> reporter: he does believe the reaction to the short bursts of cold will undoubtedly produce a shock to the system and supporters believe the body's reaction to that stimulus alone also produces the benefit. >> body interprets that as pain. so in order to counteract the pain, the body will release endorphins. >> reporter: according to the company web site, the cryosauna has not been evaluated by the fda and the agency doesn't offer advice on its use or effecti effectiveness. -- number of sessions purchased. well, just ahead here, home design without paying a dime. >> it's great to have the design professional, if you can get it for free, too, why not? >> yeah, why not? seven on your side's michael finney on the free new service being offered by some popular retailers. and it's throwback thursday around since it's halloween, we are posting photos of members of the abc7 news team in their childhood halloween costumes. facebook, twitter around instagram, go to our pages to make your guests. to those who'v to those whoworried...... poked and prodded... taken risks... and lived in a state of "what if?"... welcome to a new state... of health. welcome to covered california. the place to find quality, affordable coverage. financial help for those in need. and nobody can be denied because of a pre-existing condition. enroll now at coveredca.com or call 1-800-752-6631. all right, if you are planning a remodeling job at home, ways to get remodeling ideas go on online home sites or flip through magazines. >> that may be okay for do-it-yourselfe do-it-yourselfers. michael finney has ways to get them on a budget. >> bookmarking sites is a good place to start your home, wouldn't it be better if you had a professional designing your home for three? well, now there may be a way. lisa quinn on live well network with fueling many people's fashion for a well-designed home. not everyone can afford a high-priced interior design. amanda hippie of san francisco was shopping in emeryville for a couch when she was enticed to do more when she was offered a free in-home design. >> it always helps to have a extra kind of professional eye there. i mean, i feel like i have pretty good aesthetics, but it's great to have a design professional, if you can get it for free, too, why not? >> reporter: the good news is that many furniture stores now offer free in-home design with no minimum or purchase required. grace mann works as a design. >> we assist our clients, whether they are looking for decorating ideas, simple party planning, even like a whole new home project. >> reporter: ethan allen, lazy boy, pat pottery barn and eq 3 are a few of the stores that offer a free in-home design service. not all stores have design consultants. lesle uses trained designers and employees who know the merchandise and have good design sense. ethan allen says they only hire professional trained in-home designers. megan kearney works in their corte madeira store. >> i am an interior designer. i did go to college for interior design. >> reporter: all the stores include design elements in their plan beyond furniture, like accessories and wall color suggestions. many suggest items from other stores. >> if there's something that we don't carry, we absolutely would direct them to another store. >> reporter: the manager of lazy boy in emeryville says lazy boy has more than recliners and can design all the rooms in a house. both stores have partnerships and sister stores. west elm's parent company is williams sonoma >> we can design with west elm, pottery barn, rejuvenation. >> reporter: all the stores have send out designers to take measurements and get a sense of their customer's styles and needs. >> what i like to do first is get into the home, interview the client and then set up my floor plan and do some measurements. >> reporter: at the end of the process, clients end up with a floor plan with furniture and accessory suggestions and where to place them. all these services are free. now, of course, the stores would like to you buy their furniture, but you have no obligation. >> that is a great tip. >> could you buy a few things. a little awkward, isn't it? >> a little bit. let's get another check on the forecast. perfect for trick or treaters. >> spencer christian is back. >> could not ask for a better day for trick or treating. clear skies. no clouds around the bay area. take a look at our drought monitor. we showed you this a couple weeks ago, the state of california is covered mostly in orange indicating severe drought for most of the state. and one area of red is down here in the south central part of the state indicating extreme drought, so we desperately need rainfall here, none in sight the next few days tomorrow. sunny and warm across virtually all of california and the bay area will be mild to warm tomorrow as well, with highs ranging from mid to upper 60s on the coast to mid-70s some locations around the bays to mid to upper 70s inland. here is the accuweather seven-day forecast, we will cool down a few degrees on saturday but still nice and mild, set your clocks back saturday night or sunday morning, we fall took standard time, the cooling will occur on sunday and monday, start getting milder weather on tuesday and wednesday. temperature variations pretty sharp one way or the other. >> sounds good, thank you, spencer. we are ready to reveal the answer too this throwback thursday halloween riddle. we showed you this childhood photo a few minutes ago and posted it on facebook, twitter around instagram. >> did you guess it, abc7 news reporter heather i shall marrow dressed as fortune term. you can see the before and after here side by side. >> how much fun is that? >> now we love to see your halloween photos, throw back thursday or maybe this year. make a face like that. you reported kgo-tv.com or share them on facebook, twitter or instagram with hashtag abc7 halloween a lot of fun. >> make that face all the time. >> often. jim harbaugh is smiling like that jack-o-lantern. aldon smith back on the roster. the i want you to be kind.ff i want you to be smart. super smart. i want one thing in a doctor. i want you to be handsome. i want you to be awesome. i don't want you to look at the chart before you say hi...david. i want you to return my emails. i want you to keep me doing this for another sixty years. at kaiser permanente, we want you to choose the doctor that's right for you. find your perfect match at kp.org and thrive. to those who've encountered welcome to covered california. new, affordable health plans so you can be ready for whatever comes your way. enroll today at coveredca.com. alden smift is back. the all pro linebacker activated to the 53-man roster, figures to be back on the field next game. a bye this week, play november 10th against carolina. smith has a couple of very large legal issues looming here. dui charges and a felony weapons case stemming from an incident back in 2012. the 24-year-old smith had been on the non-football injury list, even though he has missed the past five games, aldon smith still leads the niners in sacks. season total, four and a half. the nfl, at some point, likely propose a u.s. is pen ises on smith, but typically waits until it place out before ruling on smith. conceivably, maybe play for the rest of the season for the 49ers. the raiders hosting the eagles sunday at the coliseum, phillies ten points, problems at quarterback. offensively struggling, despite the second best rushing attack in the league. dennis ellis said philly may be 3-5 but still quite dangerous. >> i look at the whole body of work, not just the last couple of weeks. i mean, this is a -- this is a -- an explosive offensive football team that can gain a lot of yards and put a lot of points on the board so we got to understand what we are dealing with. >> got to to guard desean jackson. first game at the 49ers levi's stadium will not be football. soccer, a match between the earthquake and sounders, august 2, 2014 just prior to the start of the 49ers preseason schedule. the quakes beyond excited for the opportunity to kristen the new stadium in santa clara. >> we think is a great spring board into our new stadium which is going to open in 2015, a great way for people to experience in a world cup year a great competitive soccer match. the rivalry between seattle and the bay area a pretty big one. you see it with the niners and seahawks, with the sounders and the quakes and this is a great way to carry that forward. the warriors looked very impressive in last night's season-opening win against the lakers. quick turn around tonight squaring off against the other team from so cal, the clippers. seth curry only 10 points, didn't have to score, clay thompson was lighting it up against the a depleted lakers squad that looked like a d-league team. play went off for a career high 38. >> there's no secret that clay thompson is phenomenal shooter. and i don't think enough credit is given to them. and he is a heck of a basketball player. not only did he shoot the lights out, but he defended. >> you know, when he is feeling it, getting good shots, so, ride that wave as long as you can and that's pretty awesome. it is a two-man race on the champions tour, kenny perry and bernhard langer, the only two that can win the charles schwab cup championship, comes down to this final tournament at tpc harding park in san francisco. seen on the right here, just needs to finish in the top five to win the schwab and the million bucks that comes with t here is perry, tied for 8 at three under. the pressure on langer needs to win, perry tied for fifth or worse, this is a fantastic putt on 13, langer, 4 under 67, tied for fifth. four back of the leader, peter senior. abc7 sports report brought to you by orchard sun ply hardware. >> good golf weather out there. what a great golf course >> nice and mild for sure. >> larry, thanks. tonight at 9:00 on coffee tv 20, the proposal that turned into a lawsuit. why can neigh west and kim kardashian are going after one of the founders of youtube. at 11:00, a bay area politician tells the story of a very public melt down, a sex tape, drug addiction and a famous husband's surprising response from dan noise, with an exclusive interview tonight at 11:00. our primetime lineup here on abc7 starts with the classic halloween special, "it's the great pumpkin, charlie brown" followed by gray's anat mir, scandal and see you at 11:00. >> that does it for this edition of abc7 news. our coverage of breaking news continues right now on twitter at abc7 news bay area. thanks for joining us. i'm carolyn johnson. >> i'm dan ashley. for all of us here, thank you for watching. we appreciate your time. have a good night. in a pwow!ct world every man would look like johwow!amos. and in a perfect world, what's delicious would be healthy too. wish granted. dannon oikos greek nonfat yogurt. sounds too good to be true... it's thick, creamy but 0% fat and twice the protein. huh..! where did stamos go? he's here, the oikos are on him. this really is too good to be true! dannon oikos greek nonfat yogurt. too delicious to be so nutritious. ♪ dannon. so yso you can happily let the grlife get in the way, while planning for tomorrow. so you can finish the great american novel banking for the life you have investing for the life you want chase. so you can this is "jeopardy!" today's contestants are -- a program manager from brooklyn, new york... an administrative assistant from marysville, washington... and our returning champion, a public librarian from maryville, tennessee... and now here is the host of "jeopardy!" -- alex trebek! [ cheers and applause ] thank you, johnny. hi, everyone. nice to have you with us again today. they gave me a choice -- come out as the great pumpkin or as nathan detroit. eh, not a great choice. rhea and jermaine, welcome aboard. good to have you here. jennifer, nice to see you again. here we go. jeopardy! round. and these are the categories. we'll give you the business. you tell us what state it's headquartered in. the independence seaport museum -- a trip through u.s. maritime history in this most important port of the colonial era. alex: and, jennifer, you get to start us. i have to go with the world of dr. seuss for $200, please. jermaine. who is the grinch? yeah. state your business for $200, please. jennifer. what is michigan? that's the state. dr. seuss for $400, please.
bought knot been released, flight 6573, which is operated by skywest airlines, landed at sky harbor airport in phoenix, where passengers were evacuated from the plane. >> police are now combing that aircraft as they investigate this threat. officials say even though you could see the plane sitting on the tarmac it is not delaying other flights. airport operations continue. the passengers are all being rebooked to san antonio right now. and good evening, i'm dan ashley. >> i'm carolyn johnson. we have new information tonight about the sheriff deputy who shot and kill addison nome ma county teenager. his lawyer spoke with abc7 news today. 13-year-old andy lopez was carrying a toy gun that looked real when the officer opened fire. deputy eric goalhouse's lawyer says he feels terrible about the loss of the young man but he believes he had no other option but to fire his weapon. vic lee in the newsroom with more for us. vick? >> reporter: abc7 news has learned that andy lopez's family has filed claim against sonoma county and the sheriff's office. here it s it was just filed today. now, the county has six months to either accept it or reject it. if that happens, the family would most likely file a lawsuit. the claimant is andy lopez mother. the claim says the 13-year-old was killed unjustifiably and charges that the sheriff's office failed to develop adequate training policies for the use of lethal force. it does not specify an amount for damages. deputy goalhouse has been placed on paid administrative leave during the investigation. >> we feel for the loss of this young man's life. he feels for the loss for the family, for the community. >> reporter: but deputy eric goalhouse's lawyer, terry leone, says it doesn't minimize the threat her client faced that day. >> an ak-47 with no markings that it was a replica gun, that was pointed in his direction, those weapons, they pierce body armor, they pierce -- they go right through patrol vehicles and this was a residential neighborhood, with homes all around. deputy goalhouse ordered one or two times for mr. lopez to drop his gun. >> reporter: santa rosa police are heading the investigation of the shooting. they now say it was only ten seconds between the time goalhouse radioed the dispatcher and the time he fired the shots. goalhouse told his lawyer he fired when the boy turned when the barrel of the toy rifle raised toward the deputies. >> so once the lethal threat was posed, once deputy goalhouse felt in fear of his life, for his safety. he had no other option but to use his firearm. >> reporter: a police accountability expert says the investigation by santa rosa police and the district attorney is not enough. >> in every single department, there should be some oversight of that department. there should be independent investigations of misconduct issues. there should be a way for the community to have input. >> reporter: now the fbi is also conducting its own investigation. the sonoma county sheriff's office is also investigating a complaint by a motorist who claims goalhouse pulled his gun on him during a traffic stop two months ago. now, goalhouse's lawyer says she could not comment because it was a pending personnel investigation r but leone did tell us he would only draw his weapon if there was a need for it based on his training and expertise. vic lee, abc7 news. >> all right, vick, thank you. police are searching for the owner of two pitbull dogs that attacked four people. it happened in antioch on larksburg drive. one of the animals was shot and killed by authorities. abc7 news reporter alan wong is on the story. >> these were mean, nasty dogs. >> reporter: the two pitbull dogs bit through brian morgan's jacket on both arms and ripped two gashes in his hand. >> the bad one is here, the one they had to stitch up. >> reporter: he was walkhis two dogs on this path in antioch around 8:30 last night when the pitbull attacked two dogs. >> i hit it on the back of the head and that didn't have any affect except it upset the other pitbull who then came after me. >> reporter: morgue answers 5-year-old weimer a runner has severe bite wounds. his 13-year-old dog ran away and was later found. morgan said if it weren't for the neighbors, they would be in much bad shape. >> i guess it protected me. i was ender my brother's car. >> reporter: he hit the dog with the lawn tool but he fell and started getting mauled by the larger male dog. the younger brother watched it happened. >> he built his face, he clamped on and then my brother, like, kicked the little red one and then punched the big run and it ripped. >> reporter: the boy's older brother, who was also burnt, kicked it away and jumped on the father's car and turned on him. >> he kicked the dog off the car. he saved my dad. >> reporter: the battle went on for at least 10 to 15 minutes before antioch police arrived and shot the female twice with a shotgun. the male ran off but was later captured and taken here to the pound with the puppy. police say the absent dog owner isn't facing any criminal charges, just a fine and a challenge of convincing authorities the surviving dog is not vicious. if no one claims it within ten days, it will be euthanized. in antioch, alan wong, abc7 news. a san jose man is under arrest after police say he left his children alone in a car overnight. julio reyes was taken into custody late last night. milpitas police say an 8-year-old boy and 10-year-old girl were left inside this car on north hill view drive for 14 hours. he called police to report his car and his children missing. the chp has issued a traffic alert for next tuesday, november 5th in rohnert park because a lot of cars are expected for the opening of the grayson resort and casino. as many as 10,000 additional cars are expected on highway 101 during peak hours. the chp is asking drivers to give themselves plenty of time, therefore, as they travel in that area and to be familiar with alternate route. major changes coming for transit workers that should make the rails safer. the state public utilities commission approved a set of emergency safety rules following the death of two b.a.r.t. workers killed on the tracks earlier this month. here is abc7 news transportation reporter, heather i shall marrow, with more on this for us. heather? >> reporter: the cpuc has been developing new safety rules since the 2008 b.a.r.t. fatality. it was just getting ready to approve those new rules when the latest accident happened and it realized it needed to make some adjustments. today, it left open the possibility of more adjustments once the ntsb investigation is completed. when two men doing b.a.r.t. track maintenance were killed by a train in walnut creek two weeks ago, b.a.r.t. and the cpuc realized they had inadequate safety rules. >> to me, it's just unbelievable that that accident occurred the way it did. and that that kind of work practice could go on. >> reporter: in response to that accident, the cpuc today ordered new emergency safety rules for all 12 transit agencies that regulate. >> unfortunately too often takes a tragedy for us to realize where the gaps are. >> reporter: the b.a.r.t. workers who died october 19th were on the tracks with what's called simple approval, where workers are basically responsible for their own safety. b.a.r.t. has already done away with that process. the new cpuc rules include three-way communications between central control, the train and workers on the tracks. new safety training program and standardized personal protective clothing. b.a.r.t. says it's fully supportive of the new rule. atu and seiu are reviewing the rules. those unions had said that was a top priority in contract negotiations, a point not lost on san francisco transport workers union president, erik williams, when he heard about the b.a.r.t. accident. >> sad, because the unions spoke on safety and nobody really want to hear that. >> reporter: he came to the cpuc today to tell them muni workers have been desperate for training. >> like any other profession, we should be trained, updated yearly, not biyearly, not just sitting in a classroom for eight hours and talk about war stories, it is about actual getting back out on the platform and actual training on any mode that you're working currently. >> reporter: muni says it will comply with the new regulations. all agencies have to give project reports to the cpuc in a year. heather i shall marrow, abc7 news. >> b.a.r.t.'s two unions spoke tomorrow on the deal that ended their most recent strike. that new contract would give workers a 15.4% raise over four years. they will pay $129 a month for health care coverage, that's up from $29 and also start contributing to their pensions. voting ends at 10 tomorrow night. we should have the rules for you on abc7 news at 11:00. as they are voting, an or ribbon da city councilman voting to ban future b.a.r.t. strikes will turn in petitions with 20,000 signatures. as he put it the petition is longer than a ten-car b.a.r.t. train. former 49er bubba paris could spend the next year in federal prison for not paying his tax. paris played nine years for the niners and won three super bowl rings in the process. since 1985, he has been the ceo of his own business, paris enterprises, yes does motivational speaking and sell photographs but according to the u.s. attorney, he failed to pay tax on $182,000 of income from 2006 through 2008. paris, whose real name is william h. paris jr. pleaded guilty to three misdemeanor counts and will be sentenced in federal court in february. well, small group of protesters held what they call a trick or treat protest in oakland today. they claim congress is tricking low-income families by cutting their food stamp benefits. abc7 news reporter carolyn tyler has the story. >> reporter: some dressed in costumes for halloween, but say the real trick comes tomorrow for more than 47 million americans. a temporary hike in food stamp benefits put in place in 2009 during the recession goes away. in california, more than 4 million people will be affected. 67% will be house hordes with children. a maximum monthly food benefit for a family of four will be cut by about $36. for a single person, it will be $10 to $11 a month. here's john wilson's plan to cope. >> well, i can probably fasts for two days. $11, that's about two, three days of food stamps. >> reporter: congress is curr t currently debating a new farm bill that includes even deeper cuts and more eligibility restrictions for food stamps. the house republicans are backing it. the vice chair of the california gop says she is sympathetic to those who need the benefits but blames the president for what she considers misplaced economic priorities. >> see leadership from the president what is he willing to cut to make sure there's more money in this program, not an endless system of writing checks. >> the drop-in benefits will likely put the squeeze on food pantries like this one, the south hayward parish. ralph morales expects more people will show up needs to make up for what they can't buy. >> a tight stretch. the worst case would be instead of giving people food for three days per week, we might only be able to give them for two days per week. >> reporter: nationwide, one in seven americans relies on food stamps. carolyn tyler, abc7 news. >> and we want to thank the south hayward food -- parish food bank for their help on our story. they alerted to it at an abc7 listens meeting hosted by laura anthony and the management team. we hope to learn about the issues facing bay area communities. your organization like to host one go to and 7 news.com and click on our community page. valuable resource for all of us. >> we hope to hear from you. still ahead on abc7 news, can silicon valley correct the obama care website's problems? coming up, the people about to trial. a major milestone tonight for tesla. now you can drive their all-electric cars the entire length of the pacific coast. i'm spencer christian, following a sunny and mild halloween day, we have more sunny and mild weather coming our watch i will have the accuweather forecast in a moment. >> thanks, spencer. the first game played in the 49ers new stadiuiuiuiu [son] all right,she has no idea. [man] no one told her,right? [son]hi! [mom screams] the obama administration has recruited software experts from two bay area tech giants to help fix its troubled health care website. one of those engineers, mikey dickerson is a site reliability engineer on leave from google. he is now working directly with the general contractor hired to upgrade healthcare.gov. the website was down for the second time yesterday because of technical problems. it's been plagued with glitches ever since it launched. oracle ceo larry ellison spoke about his company's efforts to fix the site at today's shareholders meeting. >> we think it's our responsibility as a technology provider and technology industry to serve all of our customers and the federal government is one of our customers. we are helping them in every way we can. >> also today, republican congressman darrell issa of southern california subpoenaed health and human services secretary kathleen sebelius, demanding couples to and information related to the website. the bay area's own tesla motors just gave drivers of its high-end electric car an extension cord, of sorts it is a key network of its new super charging stations built especially for road trips. abc7 news reporter jonathan bloom, has the story. >> get the charge cord. plugged in right there. >> reporter: since dawn gordon wylie got a tesla model s, there's one place she hasn't been in a while do you miss gas stations at all? >> not one bit. >> reporter: the highest end model s can go 265 miles on a charge. that's about from here to san luis obispo and yet, there's a pair of tesla sedans making a trip longer than that. >> driving from san diego to vancouver using our recently opened network of super chargers. >> reporter: super chargers what tesla calls the big contraptions that charge up the car's battery at super speed. you can get three hours of driving time by plugging in 20 minutes. >> our chargers are way faster than anything else out there. >> reporter: it means you can charge your car. >> you pull into a charging station. you plug into the car. and go have lunch, have a cup of coffee. >> reporter: keep right on going. >> yesterday, we start downed in san diego. >> reporter: the super charges are listed on the car's built-in google maps 100 miles apart from mexico to canada. >> demonstrating the ease at which you can charge at tesla super chargerers and take free road trip in model s. >> reporter: free if you happen to own one of these $70 to $80,000 cars. it is an investment for tesla, eliminating the reason people hesitate to buy an electric car. ranging an anxiety. >> the lowest we got is 13 rated miles left, about as low as you want to go >> i have gotten home to my own charging station with 14 miles left and breathed a little sigh of relief. >> reporter: have you ever gotten caught short? >> not yet. >> reporter: teslas don't need a super charger, they can charge other outlet, a good thing, here in san francisco, there isn't a super charger. the nearest someone fremont near tesla's factory. the free chargers at chrissy field take several hours to charge a tesla. see a super charger here at chrissy field? >> think about it, that is probably good idea. >> reporter: first, tesla wants to finish the route from new york to l.a., then boston to miami. [ horn honking ] in san francisco, jonathan bloom, abc7 news. >> the tesla is becoming as popular as it is pricey is in affluent areas. according to edmonds.com, the tesla is the number one selling car in these bay area cities. it is no coincidence these are among the most affluent places in the country. keep in mind, tesla is the number one selling car in norway. another vision of tesla ceo elon musk has taken a big step forward tonight. musk has proposed building what he calls the hyper loop, which would shoot you through a tube in an air conditioned capsule between san francisco and los angeles in half an hour. sounds crazy, but a group of engineers, designers and entrepreneurs has signed on to this idea and they have now formed a business called hyper loop transportation technologies inc. the company said today that several high-tech firms and the ucla school of architecture have been enlisted to help with this project. trick or treaters hit the streets early today in san jose to get a head start on halloween. pirates, princesses and, of course, super heroes head out to the willow low glenn shopping district for this event. businesses on lincoln avenue handed out candy in front of their stores. one stop, kids were able to pick out a free book instead of loading up on even more candy. weather is perfect for them tonight. >> absolutely. perfect companies in the afternoon. nice and sunny and mild. as it gets dark it will take a while for it to get chilly outside. trick or treating weather left. here is a look outside. you can see on our radar image, we have clear skies across the bay area, than way all night. here is great view of the western sky from mount tam. the skies are clear and temperature readings right now, 60 in san francisco, 63, oakland, upper 60s, san carlos, san jose, 57, half moon bay. emeryville, golden gate, also clear skies, nice new 67, santa rosa, mid-60s, napa. novato, 67. upper 60s, concord and livermore. one more live view from the east bay hills camera. looking over at mount diablo, eastward, the sky is still bright. the forecast features, clear and cool for trick or treaters around anyone else who is around tonight, some chilly spots during the overnight hours, especially in the north bay valleys, mild tomorrow, milder than today, as a matter of fact, but it will be a little bit cooler over the weekend. our satellite radar composite image shows a large, expansive area of high pressure that will be the dominant pitch earth next several days, dry pattern we have now will extend into next week. it will get cooler. what a dry october we have had. dry octobers in san francisco this month, no measurable rainfall at all. 4 1 4th occurrence of a completely dry october in san francisco since 1849. the last was in 1980, no indicator of what kind of rainy season we are going to have. some of our rainiest rainy seasons, some of the driest rainy seasons following dry octobers. interesting information though. ghosts will disappear overnight and we will have clear skies, chilly conditions up in the north bay, lows dropping into the upper 30s, low temperatures most other locations, mid to upper 40s, tomorrow, sunny skies again and even milder than today. in the south bay, see highs ranging from 74, san jose, 76, los gatos, 77, gilroy. the peninsula, highs, 72, san mateo, 73, palo alto, 73, redwood city. 68, half moon bay. the coast, mid to upper 60s, downtown san francisco, 67 in the sunset district, 75, santa rosa. east bay you highs of 72, oakland, 74, free moment. inland east bay, 76 at fairfield, antioch and livermore. here is the accuweather seven-day forecast. a little cooling down on saturday, not much, it will be very pleasant. set the clocks back saturday night, sunday morning, fall back to standard time. cooler weather on sunday and monday, still dry, turns milder again on tuesday and wednesday. not going to have much change over the next seven days. >> nice, perfect. coming up next, how google's mysterious barge in the bay is quickly becoming a tourist attraction. >> what are they doing out there? tonight at 11:00, a bay area politi who had a very public meltdown is finally telling the whole story only to abc7 news i team. a sex tape, a drug addiction and her famous husband's surprising response. dan noise has the exclusive interview tonight, only on abc7 news at 11:00, but we will be news at 11:00, but we will be you got to love the weekend. it's like everyone came to, "if it's good, let's save it for the weekend." so here's to the kfc ten buck weekend bucket. ten pieces, ten bucks. any recipe. just ten bucks every saturday and sunday. today tastes so good. federal authorities discovered a tunnel used to smuggle drugs between the u.s. and mexico complete with a rail st. the tunnel stretches from tijuana all the way to san diego's otay mesa industrial area. we have video to show you inside the tunnel. it runs about a third of a mile at a depth of 35 feet. authorities seized more than eight tons of marijuana, 325 pounds of cocaine in connection with this discovery. >> in flight, you can feel it kind of shimmy and making noise. i kind of dozed off in between. >> we apologize. that is the wrong sound but we were hoping to bring one of the agents describing that tunnel. more than 75 of them have been found on the u.s./mexico border since 2008. the tunnels primarily connect to arizona and california. google's mysterious barge in san francisco bay is becoming a tourist attraction. tonight, that barge is holding white storage containers wrapped in construction mesh. there are fences all around it and security guards on the pier. dpoogle will not admit to building the barge, but does say it will let us know what it is when it's finished with t google has patent application for a floating platform-mounted computer data center so we are guessing what could be at work here. >> the meantime august lot of publicity and interest about this. >> oh, yes. coming up next on abc7 news at 6:00, the new rules for electronics on airplanes. pretty soon, you won't have to shut off your iphone or your kindle but there will be some exceptions. also tonight, new revelations on an fbi bribery sting against california state senator with hollywood aspirations. plus -- >> get your home's interior designed for free. i'm michael finney. the next time you fly, you may notice a very big change. you know how irritating it can be to turn off your ipad or other gadgets for takeoffs and landings. today, the federal aviation administration lifted those restrictions. abc7 news business and technology reporter d takes a look at the change. ♪ >> reporter: burlingame-based virgin america just released this new safety video but the admonition to turn off devices soon will be moot. tablets, e-readers and mobile phones can stay on before takeoff and landing as long as they are in airplane mode, making cell phone voice calls still will be banned. we asked industry analysts why it took so long for the faa to change the rules >> the faa is a very conservative organization. safety always comes first. but we are now at the point where the devices are safer. the technology on the airplanes are safer and the way the airplanes are built make this more possible. >> reporter: each airline must submit its device plan for faa certification so the rollout of the policy may not be instantaneous. an estimated two-thirds of passengers carry mobile phones or smartphones on board. 40% have tablets. what the faa didn't make clear is whether video calls are allowed when using wifi allowed on some airlines. >> some of the airplane's wifi systems can't support video chat, whether it is face time or other video services. so, if you use that, you slow down the experience for everybody and on some systems, you may even be booted off. >> reporter: one passenger wound officers even more devices will be carried on board. >> who knows what the next thing for kids is gonna be. could be a little bit noisy around the plane after a while. >> reporter: there are two exceptions to the new rule, laptops need to be turned off before takeoff and landing and in low-visibility situations, the crew may ask for all devices to be shut off. in san jose, david lieu which, abc7 news. we now know a lot more about the fbi's case against a powerful california lawmaker. in june, acts raided the capital office of state senator ron calderon, an fbi affidavit reveals the raid came after 14 months of investigation and alleges that he accept a accepted more than $60,000 in bribes from an fbi agent pretending to be a hollywood producer. here is our reporter, john meyers. >> they were all over us. they fed us tips, information. >> reporter: they are b-list movies co-produced by a company seemingly run by this man, an undercover fbi agent who posted this twitter photo with his target, state senator ron calderon. >> my intention at this point is to do my job that i was elected to do. >> reporter: that was calderon in june, hours after fbi agents raided his capital office. this sealed affidavit leaked to the cable news network, al jazeera america lace out several damaging fbi allegations. it includes that ron calderon took money in exchange for legislation to change california movie production tax credits. calderon says the fbi document has a film called mvie executive funnel some 27,000 bucks to his daughter for a job that didn't exist. any help you could do for my kids, calderon is quoted as saying, that's diamonds for me. and the tax credit legislation, calderon, i can make that play. but the capital play failed, the bill went nowhere. even so, ron calderon's relationship with the agent pretending to be a movie boss continued. a relationship the affidavit suggests the senator knew was trouble. we cannot have a conversation we just had, calderon is quoted as saying to the agent. we cannot a have a quid pro quo conversation. the alleged exchange of money and favors continues. a $4,000 vip table at this concert last halloween at the bellagio in las vegas, way beyond the legal gift limit calderon could accept. then this past winter, the affidavit says calderon gave a legislative staff john to the movie is producers a girlfriend who also was an undercover fbi agent. al jazeera america confronted calderon at a golf course, not surprisingly, the senator wouldn't talk. the sealed document includeds even more allegations. calderon, working with his brother, former assembly man caldercal der accused of taking money from a health care executive to help a new business avoid set it regulations. we have been keep him in business four years he confides to the undercover agent. then $25,000 donated by the undercover agent to a plight al action committee, then transferred to a non-profit organization controlled by the calderons. the goal of funneling money to the non-profit alleges the affidavit, we can pay ourselves, it says ron calderon confided, all of this while unproved legally has a much worse impact for everyone under the capital dome. >> what that is going to do among other things is make voters think even less of politics and politicians than they already do. >> reporter: in sacramento, john meyers for abc7 news. just ahead here tonight on abc7 news at 6:00, it has been called a cool new way too help athletes and others recover quickly from injury. >> some are giving it a frosty it's great having at&t u-verse high speed internet. walter likes to download fix-it videos... and watch "boardwalk empire." it helps sam with math... [ beeping ] ...and online gaming. and suze loves her smartphone for "social" studies... like video-chatting with sara. hi, ms. kelly. hi, sara. [ male announcer ] call to get the fastest internet for the price -- $14.95 a month for 12 months with a 1-year price guarantee. on our newly expanded advanced digital network, get more connectivity, reliability and speed options -- now up to 45 megs. we have our own private wi-fi hot spot -- right here. getting connected is no problem -- even all at the same time. it's fast. it's reliable. and it's affordable. [ male announcer ] call to get u-verse high speed internet for $14.95 a month for 12 months with a 1-year price guarantee. with a wireless gateway, connect all your devices and save on tablet and smartphone data usage at home. now i can do the things i want to do, like email my mother-in-law. or check celebrity gossip. [ male announcer ] at&t brings it all together. ♪ some athletes are turning down the thermostat to help them recover from their workouts, using a technology called full body cryotherapy which applies ultracold to affect the body. it may look like a sauna, but it is actual the reverse, a super cold treatment known as cryotherapy. >> it is like an ice pack or ice pack. >> reporter: the treatment originated in japan in the 1970s for rheumatoid arthritis. clients spend two to three inconsistency a cryosauna that takes skin temperature down to 30 degrees fahrenheit, so cold, clients wear protective clothing. >> go out, underwear, a ear muffs. like standing outside in the snow with shorts and a tank top on. >> reporter: runner mckenzie hill says it helped her get back to competition after a torn hamstring while mare yin clayton says it helped her return to exercise despite arthritis. >> i'm able to do my water aerobics. my yoga. >> reporter: in fact, cold has back hot topic in sports medicine. some experts now believe that lowering an athlete's body temperature immediately after exercise can alleviate inflammation in muscles that have been pushed to their limits, speeding recovery and lessening the pain often associated with exercise. but the biology was complicated and debates how different methods of cooling affect the body. physical therapist andrew pritikin has worked with the cryotherapy chamber and says he has seen results. >> we really want to get all that inflammatory process going and getting it moving along and getting it out. with this cold, it really does that. >> reporter: others are more cautious. stanford biologist craig heller helped develop a device that trains heat from the palms of athletes' hands called core control blood, now commercialized. ice baths can accomplish some of the same benefits but he is skeptical of the short exposure to cold used in the cryosauna. >> just a few minutes in very cold air or gas is not going to do much to lower your body temperature. >> reporter: he does believe the reaction to the short bursts of cold will undoubtedly produce a shock to the system and supporters believe the body's reaction to that stimulus alone also produces the benefit. >> body interprets that as pain. so in order to counteract the pain, the body will release endorphins. >> reporter: according to the company web site, the cryosauna has not been evaluated by the fda and the agency doesn't offer advice on its use or effecti effectiveness. -- number of sessions purchased. well, just ahead here, home design without paying a dime. >> it's great to have the design professional, if you can get it for free, too, why not? >> yeah, why not? seven on your side's michael finney on the free new service being offered by some popular retailers. and it's throwback thursday around since it's halloween, we are posting photos of members of the abc7 news team in their childhood halloween costumes. facebook, twitter around instagram, go to our pages to make your guests. make your guests. we will reveal the name of this [ laughter ] he loves me. he loves me not. he loves me. he loves me not. ♪ he loves me! that's right. [ mom ] warm and flaky in 15, everyone loves pillsbury grands! [ girl ] make dinner pop! so i should probably get the last roll... yeah but i practiced my bassoon. [ mom ] and i listened. [ brother ] i can do this. [ imitates robot ] everyone deserves ooey, gooey, pillsbury cinnamon rolls. make the weekend pop. all right, if you are planning a remodeling job at home, ways to get remodeling ideas go on online home sites or flip through magazines. >> that may be okay for do-it-yourselfe do-it-yourselfers. michael finney has ways to get them on a budget. >> bookmarking sites is a good place to start your home, wouldn't it be better if you had a professional designing your home for three? well, now there may be a way. lisa quinn on live well network with fueling many people's fashion for a well-designed home. not everyone can afford a high-priced interior design. amanda hippie of san francisco was shopping in emeryville for a couch when she was enticed to do more when she was offered a free in-home design. >> it always helps to have a extra kind of professional eye there. i mean, i feel like i have pretty good aesthetics, but it's great to have a design professional, if you can get it for free, too, why not? >> reporter: the good news is that many furniture stores now offer free in-home design with no minimum or purchase required. grace mann works as a design. >> we assist our clients, whether they are looking for decorating ideas, simple party planning, even like a whole new home project. >> reporter: ethan allen, lazy boy, pat pottery barn and eq 3 are a few of the stores that offer a free in-home design service. not all stores have design consultants. lesle uses trained designers and employees who know the merchandise and have good design sense. ethan allen says they only hire professional trained in-home designers. megan kearney works in their corte madeira store. >> i am an interior designer. i did go to college for interior design. >> reporter: all the stores include design elements in their plan beyond furniture, like accessories and wall color suggestions. many suggest items from other stores. >> if there's something that we don't carry, we absolutely would direct them to another store. >> reporter: the manager of lazy boy in emeryville says lazy boy has more than recliners and can design all the rooms in a house. both stores have partnerships and sister stores. west elm's parent company is williams sonoma >> we can design with west elm, pottery barn, rejuvenation. >> reporter: all the stores have send out designers to take measurements and get a sense of their customer's styles and needs. >> what i like to do first is get into the home, interview the client and then set up my floor plan and do some measurements. >> reporter: at the end of the process, clients end up with a floor plan with furniture and accessory suggestions and where to place them. all these services are free. now, of course, the stores would like to you buy their furniture, but you have no obligation. >> that is a great tip. >> could you buy a few things. a little awkward, isn't it? >> a little bit. let's get another check on the forecast. perfect for trick or treaters. >> spencer christian is back. >> could not ask for a better day for trick or treating. clear skies. no clouds around the bay area. take a look at our drought monitor. we showed you this a couple weeks ago, the state of california is covered mostly in orange indicating severe drought for most of the state. and one area of red is down here in the south central part of the state indicating extreme drought, so we desperately need rainfall here, none in sight the next few days tomorrow. sunny and warm across virtually all of california and the bay area will be mild to warm tomorrow as well, with highs ranging from mid to upper 60s on the coast to mid-70s some locations around the bays to mid to upper 70s inland. here is the accuweather seven-day forecast, we will cool down a few degrees on saturday but still nice and mild, set aturday night or sunday morning, we fall took standard time, the cooling will occur on sunday and monday, start getting milder weather on tuesday and wednesday. temperature variations pretty sharp one way or the other. >> sounds good, thank you, spencer. we are ready to reveal the answer too this throwback thursday halloween riddle. we showed you this childhood photo a few minutes ago and posted it on facebook, twitter around instagram. >> did you guess it, abc7 news reporter heather i shall marrow dressed as fortune term. you can see the before and after here side by side. >> how much fun is that? >> now we love to see your halloween photos, throw back thursday or maybe this year. make a face like that. you reported kgo-tv.com or share them on facebook, twitter or instagram with hashtag abc7 halloween a lot of fun. >> make that face all the time. >> often. jim harbaugh is smiling like that jack-o-lantern. aldon smith back on the roster. the question, when will he suit we all have our little tricks. mom swaps one of my snacks for a yoplait. i don't mind, i mean it's orange crème. and when mom said bobby was too edgy... 'sup girl. i just swapped him out for tyler. 'sup girl. mom never questioned bobby again. two can play at this game. [ female announcer ] swap one snack a week for a yoplait. and everybody wins. yoplait. it is so good. alden smift is back. the all pro linebacker activated to the 53-man roster, figures to be back on the field next game. a bye this week, play november 10th against carolina. smith has a couple of very large legal issues looming here. dui charges and a felony weapons case stemming from an incident back in 2012. the 24-year-old smith had been on the non-football injury list, even though he has missed the past five games, aldon smith still leads the niners in sacks. season total, four and a half. the nfl, at some point, likely propose a u.s. is pen ises on smith, but typically waits until it place out before ruling on smith. conceivably, maybe play for the rest of the season for the 49ers. the raiders hosting the eagles sunday at the coliseum, phillies ten points, problems at quarterback. offensively struggling, despite the second best rushing attack in the league. dennis ellis said philly may be 3-5 but still quite dangerous. >> i look at the whole body of work, not just the last couple of weeks. i mean, this is a -- this is a -- an explosive offensive football team that can gain a lot of yards and put a lot of points on the board so we got to understand what we are dealing with. >> got to to guard desean jackson. first game at the 49ers levi's stadium will not be football. soccer, a match between the earthquake and sounders, august 2, 2014 just prior to the start of the 49ers preseason schedule. the quakes beyond excited for the opportunity to kristen the new stadium in santa clara. >> we think is a great spring board into our new stadium which is going to open in 2015, a great way for people to experience in a world cup year a great competitive soccer match. the rivalry between seattle and the bay area a pretty big one. you see it with the niners and seahawks, with the sounders and the quakes and this is a great way to carry that forward. the warriors looked very impressive in last night's season-opening win against the lakers. quick turn around tonight squaring off against the other team from so cal, the clippers. seth curry only 10 points, didn't have to score, clay thompson was lighting it up against the a depleted lakers squad that looked like a d-league team. play went off for a career high 38. >> there's no secret that clay thompson is phenomenal shooter. and i don't think enough credit is given to them. and he is a heck of a basketball player. not only did he shoot the lights out, but he defended. >> you know, when he is feeling it, getting good shots, so, ride that wave as long as you can and that's pretty awesome. it is a two-man race on the champions tour, kenny perry and bernhard langer, the only two that can win the charles schwab cup championship, comes down to this final tournament at tpc harding park in san francisco. seen on the right here, just needs to finish in the top five to win the schwab and the million bucks that comes with t here is perry, tied for 8 at three under. the pressure on langer needs to win, perry tied for fifth or worse, this is a fantastic putt on 13, langer, 4 under 67, tied for fifth. four back of the leader, peter senior. abc7 sports report brought to you by orchard sun ply hardware. >> good golf weather out there. what a great golf course >> nice and mild for sure. >> larry, thanks. tonight at 9:00 on coffee tv 20, the proposal that turned into a lawsuit. why can neigh west and kim kardashian are going after one of the founders of youtube. at 11:00, a bay area politician tells the story of a very public melt down, a sex tape, drug addiction and a famous husband's surprising response from dan noise, with an exclusive interview tonight at 11:00. our primetime lineup here on abc7 starts with the classic halloween special, "it's the great pumpkin, charlie brown" followed by gray's anat mir, scandal and see you at 11:00. >> that does it for this edition of abc7 news. our coverage of breaking news continues right now on twitter at abc7 news bay area. thanks for joining us. i'm carolyn johnson. >> i'm dan ashley. for all of us here, thank you for watching. we appreciate your time. have a good night. you got to love the weekend. it's like everyone came to, "if it's good, let's save it for the weekend." so here's to the kfc ten buck weekend bucket. ten pieces, ten bucks. any recipe. just ten bucks every saturday and sunday. today tastes so good. ♪ - all right, lemon, you got me. yes, this is the same flashy night tie i was wearing when i left work yesterday. my hair is a disaster. i am indeed on a walk of shame.
there in the street and the number of times you can hear mr. floyd say he couldn't breathe. he died in police hands. that started what we are seeing tonight. officials held a news conference today, including the trump-appointed u.s. attorney for the district of minnesota, including the local attorney for hennepin county, minnesota. but they didn't have enough to say to stop what we're seeing unfold. right before the top of the hour, i asked ali velshi to count up the number of actively burning fired around him. his answer was four. we have the now famous third precinct minneapolis police station on fire. we have a -- what appears to be a family-owned smoke shop on fire. we had several large engulfed structure fires earlier tonight. and let's not hesitate to mention we call minneapolis part of the twin cities. st. paul, minnesota, had their hands full tonight and we're waiting for an update from there. the mayor of st. paul. this is videotape from earlier tonight. the mayor of st. paul sent out a rather urgent call for the national guard. we know that 500 members of the minnesota national guard have been authorized and ordered to report. and just because this is human life in the middle of a pandemic, let's pause just to remind everybody these are 500 men and women who were, as of yesterday, at home with their families, doing the right thing during a pandemic. and now quite the opposite of social distancing, they will pile into vehicles and work together. it's the nature of the job. and they'll go where they're assigns and do the job that the governor and the mayor have decided to assign to them. correspondent morgan chesky is among our folks who have been in the crowd and around these various fires have been burning. morgan, have you moved your location since we last checked in with you? >> reporter: brian, we absolutely did because about five minutes ago, we heard a succession of gunfire from what sounded to be inside the third precinct, which is just beyond this parking lot here. i looked to my security team. i said, is that what i thought it was? that sounds like an assault rifle. and at that point we left the rear of the building where we were and came back to this intersection where we're standing now. we haven't heard a repeat of that, but right now i'm listening to glass being broken because about 20 yards behind me, if we can just flip the camera around, an arby's that had been boarded up in hopes of protecting that business is now being broken into as dozens of people swoarm that entrance there. that is the scene block by block in this part of the city now, brian, because going on about an hour, i have yet to see any police presence of any kind. i had seen some cruisers in the distance about a half hour ago, expecting them to roll into this area and set up a perimeter. but they have yet to do that. and just a quick look down this street we're standing on right now, you'll see that flames stretch across the entire width of it. that is how typically would come into the rear parking lot of their own station. but right now that fence is up. that fire is burning, and that is making it almost impossible really for any sort of response to come to this area. so the tension is certainly rising here, brian. we have not heard that gunfire come yet again. we do know that about three blocks behind me is where that liquor store continues to burn and at this point in time, we have to fear it's going to be basically a carbon copy repeat of what we saw last night, where about a ten-block square area was laid waste by hundreds and hundreds of people trying to do as they would say, send a message, but overshadowing what so many people we spoke to today said they came out for, and that was to pay tribute to the man who died monday. brian? >> thank you very much for that. it's haunting that the reason you had to move, morgan, is the sounds of rounds going off. ali velshi is back at his location. both of our correspondents are kind of around the same corner. ali, go ahead. >> reporter: yeah, morgan and i are sort of crisscrossing each:the liquor store fire he was talking about was over that way. this is the other liquor stores and the folks behind me. there's the police station fire over there. a lot of activity now. it's become -- it's the center of activity in front of the police station. the crowd has now moved over there. at this point that seems to be the sflcenter of what's going o. let me just give you a sense of it. what morgan said was interesting. for most of the day today, it looked a lot calmer than yesterday looked. and that's what happened yesterday. it picked up later in the evening. the crowds gathered here, and the standoff with the police looked very different last night. police had lined up. there were no barricad-- overni put up fences and barricades so that people couldn't get there. that's what broke through. so it caused a new center of focus for the protesters. the idea that they would then try and take that police station from the police. again, we were very surprised to find out that there were police actually in that building, but there were. there were about five police who came out. they had their weapons with them that fired the gas canisters, and it dispersed the crowd, which then came this way and started this activity and a fire that occurred over there. so, again, there are fires as you mentioned at the top of the show. there are at least four fires that i can see, and that's just in this small radius that morgan and i are in. obviously some of them are very active. this one has very obviously spread to the buildings on either side of it, the liquor store and the shop to the left. but there's no ability -- and i just think we have to remember this. the national guard has been activated. they are not here. the police are not here. the police have been evacuated. the fire engines can't get in here. there's no ability to bring anybody in here to solve this problem. i want to be clear on how i characterize this. this is mostly a protest. it is not generally speaking unruly. but fires have been started, and there's a crowd that is relishing that. there is a deep sense of grievance and complaint here, and that is the thing. when you discount people who are doing things to public property that they shouldn't be doing, it does have to be understood that this city has got, for the last several years, an issue with police, and it's got a real sense of the deep sense of grievance of inequality. you mentioned earlier before we had video, how did we know about these things? now we have video. we have three angles of this thing, and the people who are talking to me, not an investigator and i don't have access to the information that investigators have. but they're saying what more do you need? you've got three angles of video. why haven't there been arrests? and the fbi and the minneapolis bureau of apprehensions and the hennepin county attorney, all of whom are proceeding, are proceeding very carefully. this crowd is not looking for careful right now. they are looking for something that feels like justice, and they don't seem to be getting it. >> ali velshi, a question that there may be no answer to as far as our reporting. if you're the governor, where are you watching this right now. >> if you're the mayor, if you're the member of congress whose district this is, two u.s. senators, what are they thinking? where are they watching because right now, for now, minneapolis does not control the area where you are. they have nothing to do with it. it's being run by another authority. >> reporter: and there have been various protests in various parts of the city, right? so there was one at city hall that was more organized. there was one at hennepin county courthouse where people knelt in protest. those seemed to be the ones where people are trying to get the attention of the politicians. this has a more visceral feel to it. this protest is not about the politicians. this protest is about the police. this protest is about people who feel that police brutality is not something that is dealt with fairly in this country. this is not about politicians. there are not politicians even in baltimore where we saw riots or in ferguson where you saw that, you saw politicians, aldermen coming to the area. that's not happening right now. this seven-block area that morgan and i are in right now, is out of control. it's not in the control of authorities. it's not in control of the police. it's not in control of the government and the national guard. for all those people that are hearing the national guard has been activated in minneapolis and in minnesota, that is not happening right now. right now, no government authority, no authority whatsoever has control over this area. the people have control over this area, and this is what's happening right now. there's a lot of venting going on. there are definitely people who have come up to me. they're not happy about the way this is unfolding. they're not happy about the damage to public property. but, boy, the anger. i can't -- i mean your pictures show it, brian, but the anger is visceral here. >> i get it. ali velshi, thank you very much. and to our viewers, something we neglected to say at the start of our coverage. obviously we're overhearing language that most adults can handle. we apologize for being the venue for it. and i note we've received several one-finger salutes since being on the air tonight. it's an overheated environment. that should go without saying. back with us again tonight is maya wiley, former assistant u.s. attorney for the southern district of new york, a veteran of the new york city mayor's office who is now with the new school in new york. maya, i just need to hear your reaction to this horrendous, horrendous scene we are seeing in one of america's finest cities that is absent one of its residents. somebody needs to answer for george floyd. >> you're absolutely right, brian, and i think what we're seeing is the community demanding an answer and demanding an answer that includes the word "justice" in it. you know, you have to wonder when you see these images that we're seeing tonight -- and i think that ali so carefully and responsibly reported to us, you know, this is really about anger. and underneath that anger is about pain. but not about violence although there is obviously some fire-setting and some things to be concerned about. but you have to wonder if the images we would be seeing tonight would be different if what we had heard from prosecutors were that they were taking the officers in, arresting them, and that charges were coming. we did not hear that despite the videotape, and part of what we are seeing and part of what we have to understand is that this is a community, like communities all over the country -- and that's why we're seeing protests around the country -- that have felt for too long that no matter how much evidence there is of wrongdoing, the answer seems to be don't believe your lying eyes rather than we are going to take this evidence. you know, we heard that there is evidence that may suggest it wasn't a crime. i would really like to hear what that evidence is. it's very hard for me to understand, seeing that videotape, why even if there is some argument on another side, there's always a way to mount a defense, but why a prosecutor isn't saying, you know, we're going to make it very clear that we're coming, and we're coming hard. we can't predict the outcome, but we're going to do our job. >> can you tell me a matter of the law that people have asked me, and without having your legal training, i have not had the answer for. how it be possible that four police officers fall short of the standard required to serve on the police department of minneapolis, yet would not immediately qualify for arrest and charging given the kaleidoscopic video and audio that we have of this action. >> i wish i had an answer for you, brian that, i thought was satisfactory, and i don't. what i will say is that it's certainly true that in general, prosecutors try to be careful, try to ensure they have all the evidence and information before they make a decision. i think the problem here is -- and i served, as you know, as chair of the civilian complaint review board, doing police oversight of civilian cases. and i have to tell you this is the kind of video that made us cringe and that you would hope that the police department, as we saw, did the unusual step for police departments of saying, you're gone, you're fired immediately and actually calling in for a federal investigation. so the idea, though, that there's not enough here is quite challenging, and i think the other thing that we're hearing from communities that we have to understand is most of us don't get the benefit of that doubt. we're just arrested. and so the answer becomes, well, why aren't these police officers, whether we have ten minutes of video of a man who is handcuffed, not his hands loose, surrounded by police officers. there's no indication in this video that he is fighting the officers, and he is begging, begging for his life. and that we hear bystanders standing around and quite reasonably and respectfully raising very serious concerns about whether or not he is able to breathe. what that tells any lawyer is, i have video evidence that average, rational people looked on this scene and saw a man in serious trouble, medical trouble. that tells you that the police should have seen it too, and i don't see any evidence on this videotape that there is a reason why they needed to do exactly what the training would have suggested they not do. once someone is subdued, the idea that you have a knee for a prolonged period on someone's windpipe, their ability to breathe, is exactly the kind of thing officers are trained on in their training, and you can't defend yourself if you have violated your training, and you cannot defend yourself if the person you have arrested is under your control. if you don't have a danger to yourself or to the public. i can't show you in this video where there is any indication of that defense. >> there's also a difference between a violent and nonviolent crime, and the various ways to arrest and detain someone depending on what it is you suspect they have done in most civilized societies. maya, i found it interesting that somebody at that press conference today -- perhaps it was the hennepin county attorney -- invoked freddie gray as a kind of glancing example of perhaps prosecutorial overreach. it was invoked at least to say, let's be cautious here and not move too fast because we know what can happen. >> i heard that as well. i think this is the point i was trying to make more clearly, that certainly prosecutors try to be careful and collect all the evidence. there's always a defense, and prosecutors want to know and understand what that defense might be before they make the decision whether to bring charges. i think the thing here is prosecutors also make decisions about whether or not it's really important to vindicate the public trust, the sense of accountability. the fact that even if you don't know you're going to win the trial, you feel absolutely committed that it's important that you bring the case. and prosecutors make those decisions all the time too, where you say, this one matters. i might lose it. i don't know, but this matters. and unless there is accountability for police officers who violate their training, who show a disregard for the safety of residents when they are doing their jobs, when they are supposed to be following the law, when they are supposed to be following their training, when they're supposed to be protecting the constitutional rights of every resident, then, then we must have some accountability that says when you cross that line, you too must pay. you too must see a judge. you too must have to confront your accusers, and in this case it's the people. and that's really what protesters are asking for. you know, brian, unfortunately we've seen that in all of the arrests of police officers, a very small percentage, sometimes as low as 30%, are ever charged. and then we see an even smaller percentage of that are convicted, and that is a frustration. but it is equally frustrating to not feel that a part of the criminal justice system is going to fly into action when it's very hard to see why it isn't. >> we had a number of questions, as you can tell, to put before a lawyer tonight. we are so fortunate to have a lawyer the quality of maya wiley as part of our coverage. maya, my friend, thank you very much for being a part of it. i understand back in minneapolis, correspondent morgan chesky is down the road a little bit from tonight's activity to what was the location of last night's story, the target store where i see a fresh fire burning, morgan. >> reporter: yeah, brian, you're exactly right. and we have a crowd running towards thus right now. i'm going to step out of the way here. we don't know what they're running from now, but i can tell you we decided to put more distance between us and the police precinct. so we started walking two to three blocks down the road, and that's when i saw that glow, that telltale glow of flame that's popping up all over this part of the city tonight, brian. and when we walked to the rear of the building -- and you can hear that now. the fireworks are going off. someone has set fire to two tractor trailers that were directly behind this target store that has really been continually looted throughout the day. in fact, just a few minutes ago, as we were walking this way, i witnessed a group of people run out and one man ride out of the building on a motorcycle. so that's kind of the scene that's playing out right now. i will say that in the past 15 minutes, we have seen some of the crowd start to disperse. more than anything at this point in time, people are just -- if they are showing up, they just want to see what's happening here. i mean it's a very unfortunate sight to behold, but this fire certainly a fresh one. as i look towards where the alley is located, i can still see the glow where that liquor store fire is continuing to burn. amidst all of this mess tonight, i have yet to see a police officer in uniform, a police cruiser of any kind, a member of the national guard. and it's been that way now for at least the past hour, hour and a half or so. i keep waiting to see some sort of perimeter being set up, and that may just not be the case tonight, brian. >> morgan, an observation more than anything else, and then i'll let you go reposition. that is that often in protests, we see people's faces covered. and often where gas has been deployed, we see people wearing masks. how often do you remind yourself over the course of your coverage, oh, yeah, we're also in the midst of a pandemic? >> reporter: you know, i'm going to be honest with you. in the midst of all of this, i think that question has been the first time in the past hour or so that, you know, that reality has really sunk in. so much for social distancing on a night like this with people running from police earlier in the day, and now people just congregating, simply watching minneapolis burn, one building after another, brian. >> all right. morgan chesky. thank you. stay safe. watch your back. we are happy to have with us ben jealous, former chairman of the naacp, and a frequent on-air guest of ours. ben, thank you for finding the time and working late tonight. >> thanks, brian. >> can you join me in starting with a very important point i tried to make at the start of our coverage. it would be unfair and inaccurate if people came away from the coverage thinking this is a black crowd. >> right. >> these are black protesters. as i tried to point out, minneapolis is a very diverse city. >> yes. >> in a state 7% african-american by the last census and, more than that and importantly, this crowd is incredibly diverse. what they have in common is anger over the death of george floyd. >> no, that's exactly right. i was just there a few weeks ago to bring an app called citizen to the city that we think frankly helps to discourage police brutality when it's used. it frankly helps keep all of us safer from the bad guys, even bad cops. and when you walk through the city, it's incredibly diverse. it's incredibly beautiful. but let's be clear. the fight against police brutality has been a multi-racial fight from the very beginning of this country. you can go all the way back to the boston massacre and, you know, paul revere painted the first person killed an abolitionist. more than a century later or i guess about half a century later, rather, painted him back in. but, you know, the first person killed in the boston massacre was a young black man killed amidst a crowd of protesters that were mostly white. and so in our country, the opposition to police brutality runs deep amongst all of us. and when you're in that city, and i spent a lot of time there when i was president of the naacp. it really -- the racial inequity smacks you right in the face. you know, the depth of the recessi recession, there were two states in the country where black unemployment was three times white no matter what education you had, whether you had a ph.d. or no high school degree. that was mississippi and minnesota. so while minnesota is nice, it's also like mississippi with snow. and what you have to understand is every time that you see a situation like this, buildings are burning, people are protesting, the spark is always an act of police brutality. but the tinder is always joblessness and housing and in this covid crisis, both of those tensions are way up. and frankly, the attitude of leaders counts. you know, the freddie gray situation here, with all due respect to their prosecutor here in baltimore, was a much more complex situation. freddie gray was killed in a van, and there was no video. this man was killed on the street, and there was plenty of video. and one of the ways that we brought the city to peace was our prosecutor, ms. mosby, stepped forward and said that the officers would be prosecuted. and if they want to bring peace to the streets and quickly, that's the best thing that they can do. and let's be clear. the leadership will have to come from the county, will have to come from the state because donald trump, our president, who still believes that the central park five are guilty and says so proudly even though dna has exonerated them, well, no one has faith that his justice department would actually do the right thing. >> talk to me briefly about where's the governor? where's the mayor? where's the attorney general? where's the local member of congress? should they be more visible or, in plain english, is this energy that needs to be expended as we sit here and not only mourn the loss of george floyd. this is somebody's livelihood in flames, right next door to somebody else's livelihood in flames, and so on and so on. >> you know, if i was the governor, if i was the mayor, i would be listening to the attorney general, keith ellison, and i would be listening to his successor in congress, ms. omar. and i would be listening to the leadership of the local naacp. that town is the home of roy wilkins, one of the early and great presidents of the naacp. and quite frankly those are the folks i would be listening too. those are the folks that understand in their gut that as maya said -- and i've got to thank her. she trained me when i was 18 years old. as maya said, there is only one solution here, and it is justice. justice is our first civil right. it's the first purpose of the u.s. constitution, and justice has been denied in minnesota in mind-boggling ways in recent years. i mean this is like the third of three big strikes. you have philando castile. you have the young white woman who was killed by a black officer. now you have this black man with his, you know, being choked to death by an officer's knee despite the fact that he's handcuffed. there's nobody in this city who should feel safe. there's nobody. and the only way to make them feel safe is to be clear that justice will be sought and justice will prevail. >> ben jealous, first of all, this is not an endorsement. i do have the citizen app on my phone, and i use it, so thank you for that. secondly, thank you for reminding our evidence that our mutual friend maya has the dna of the struggle in her veins and in her family history. so we'll go down as being mutual admiration society for that. a quick recap here. during some of our segments, i've been trying to listen with one ear to minneapolis fire frequency and have heard nothing that would indicate a push, the impossible push to listen to ali velshi's coverage, which has been spot-on, to get in here to save any of these structures or, dare i say, a city block or two because the fear is that once the fire gets a run on those family-owned businesses behind where ali velshi's camera position was, we could endanger a great deal of real estate and, god forbid, residential property. so we're looking for that, but the situation in minneapolis, as you've seen play out live tonight, we hope that morgan chesky's last report about the crowd starting to disperse, starting to thin, is accurate. a whole lot of civic officials, state, city, local, probably have a whole lot of explaining to do, and we'll leave this to the taxpayers of minneapolis and the people who are displaying their grieving for george floyd as to why they have ceded this ground, because i think it's correct to point out what we did earlier. the city of minneapolis no longer controls this area of real estate we've watched burn tonight. the people do, and you have to assume that was a civic decision on their part. i am happy to turn over our live coverage, which will continue into the night, to my friend chris jansing, who is standing by. chris? brian, thank you so much. good evening. i am chris jansing, and tonight the eyes of america are on minnesota. we've been looking at live pictures of the protest going on right now in minneapolis. parts of the city, as we have been seeing, are still on fire. there you see the smoke and the flames in the background. one of the places burning, one of the precincts of the minneapolis police department. this is the third night of protests in minneapolis. it is a city that has been reeling from the death on monday of an unarmed 46-year-old african-american man, george floyd, who died in police custody. george floyd was seen on tape repeatedly pleading that he could not breathe as an officer pinned him to the ground with his knee jammed into george floyd's neck. of course no charges have been filed yet, and it was earlier today at a news conference this afternoon when we heard from federal and state prosecutors. a lot of people in that city hoping for word that there would be charges leveled against those officers, but prosecutors brought no new details about the case. last hour, the minnesota national guard said it had activated more than 500 soldiers to minneapolis, to its sister city st. paul, and surrounding communities to, quote, protect life, preserve property, and the right to peacefully demonstrate. here's a small sample of those demonstrations from just a short time ago. [ crowd chanting "what's his name, george floyd ] >> well, tonight nbc news has obtained new video showing another angle of george floyd being restrained by police. we're going to show you that video. it lasts about 18 seconds, and on it we see more officers crouching down around george floyd as he continues to say "i can't breathe." but we do want to warn you this footage is disturbing. here's that video. >> i can't breathe, man. please. please, man. i can't breathe. >> ali velshi was live on the scene as the unrest escalated tonight. he joins us again live from near the third police precinct. ali, tell us a little about what you're seeing and hearing right now. >> reporter: let me give you a bit of a picture of what's going on. we've got a city block here that is burning. it's on fire. there are two places completely engulfed and then a couple of others. but across the road, that's the police station. that's the third precinct police station where the four police officers who were involved in the death of george floyd were based. now, at just after 11:00 eastern, police confirmed they evacuated that building. we were on the air with brian at that point and we could see a surge of people into the parking lot. they set something on fire in the back. we weren't quite sure what precipitated that because they had broken the barriers to the building probably within the hour prior to that. so we weren't quite sure what precipitated it, but the bottom line is the protesters are now in control of that building. they've set it on fire. they are inside the building. the police are gone from there. now, we have not seen any activity or any police there. there was a lot of police activity last night on this block, but the police had largely left and put barricades around the third precinct. what ended up happening is there were some police after they broke the bare kiricades this evening, there were some police who went onto the roof of that building and fired tear gas canisters and noise guns, flash bangs, lights that make a lot of noise and disperse the crowd. the crowd then continually tried to move around. a fire was set over there. there was a fire burning over there, and then they set fire to this building, the police station. the police are now gone. we have heard that the national guard is active in minneapolis, but there are no police here. there are no national guard. there are no firefighters. a little earlier a block over there, there was a fire, and the fire department did show up. but as morgan chesky reports, they were not able to get to the fire until the crowd dispersed, and at that point the building was largely destroyed. there's no authority here, no police, no fire, no national guard at all, and frankly i think that's a strategic position because this crowd is worked up. they are full of grievance about george floyd. you constantly hear the chants "say his name," "i can't breathe," his name, george floyd, and this is a much more dynamic situation than it was three hours ago. >> do you have a sense -- and i understand that it's dark, and i understand it's spread out and i understand people are in different parts of that neighborhood, but how is the crowd? has the crowd diminished significantly? what are you seeing both in terms of numbers and in terms of the mood there over just the last 20 minutes or so? >> reporter: so i will say this. there's a bunch of protests going on in different parts of the city, and people have culminated in this area. so the crowd has become a little bit larger in the last few hours, and it's angry. there is a lot of grievance in this crowd. it's visceral. every couple moments somebody will come around to me and ask me as you just heard somebody say, do black lives matter to you? are you telling people about the police? there was one video. then there was a second video of the arrested george floyd. now there's been a third video. the police were fired quickly, but no charges have been laid. the hennepin county attorney, the fbi is involved. people have called for charges to be laid, but this crowd is wondering what does it take? back before there was video, they could understand that. now they can't. people are calling it a lynching. so there's a lot of anger in this crowd, and i would say it's not dissipating. the crowd in certain parts is thinning out. the anger is not, chris. >> you know, there's a sense that something changed. obviously there was a lot of anticipation, a lot of people waiting to hear a press conference that was two hours late, and then when it finally happened, there was a lot of commentary about how they're going to be very specific. they want to be very careful, and yet nothing about a time line, when might a decision be made. i'm wondering what you're hearing from people in the crowd and what that moment meant, what that press conference meant today without drawing, you know, too many conclusions about what led to exactly what we saw tonight, which is these various places ablaze. >> it's important to note there were various protests around the city. one of them was -- hang on a second. we're just going to get out of the way. there's traffic coming down the street now. there were a number of protests today. one was at the hennepin county building, and that was sort of a more organized peaceful protest. people took their knee. there was another one at city hall. it was very heavily occupied. so we're just on the move, chris, because there's stuff going on here. this one was about the police. this wasn't about -- this isn't about the attorney general and about politicians. this one is about the fact that four police were there when george floyd died, and these people want justice. they've taken the police station. that's symbolic. there were no police in it. ultimately the police left. there were five or six police. we don't know how many. and they left. but symbolically, this crowd is angry at the police, and what they are looking for is justice as it relates to the police. chris, we're going to just reposition. i'm going to come back to you in a few minutes, all right? >> all right. thank you so much. you take care out there, you and your crew. we thank you for that, ali velshi. joining us on the phone is andrea jenkins who is vice president of the minneapolis city council. we appreciate you taking the time to talk to us, and i just have to ask you as you watch the night unfold, as you see these pictures, as you see parts of your beloved city on fire, what goes through your mind? >> i'm -- i'm really heartbroken, chris. you know, i think it's really interesting that right across the street from where ali is standing, there's a restaurant called nuevo rodeo. george floyd worked at that restaurant. so did officer chauvin. they were both bouncers at that restaurant for 17 years. so officer chauvin, he knew george. they were co-workers for a very long time. the question that i think you asked ali about, the press conference earlier, the fbi and the bca and the county attorney's office, i will say i believe that that absolutely played a role in the unrest that we are seeing tonight. it really -- it seemed as if none of these three agencies that are doing the investigation have really seen all the -- have seen the same things that we have been watching. in fact, they say they need more eviden evidence. they're asking for witnesses. i was flabbergasted by that press conference or non-press conference because they really didn't say anything. they didn't -- they didn't say when we're going to hear about a decision, what the process is going to be. how long does it take to get the medical autopsy report back? nothing. so i think it played a very significant role in this heartbreaking scene that is playing on your air right now. >> the thing that everyone at that press conference reiterated is that they wanted to take this slowly. they wanted to make sure that they had a case. the hennepin county attorney said that the video is graphic, it's horrific, it's terrible. but he said his job in the end is to prove that a criminal statute was violated. what should have been done in your mind at that press conference today? >> i believe that they should have announced that we need to bring these individuals into custody while we investigate and build our case. you know, i think there's a certain amount of time before you need to have charges, and i don't know of any other case where you witness murder, and then you say, oh, i got to wait to find more evidence to arrest somebody. that doesn't happen, chris. this is -- it doesn't -- that's what i thought should have happened at that press conference. maybe they couldn't charge. maybe they feel like they don't have enough evidence to charge, but certainly there's enough evidence to arrest and detain. and they are no longer police officers. we did our job. we fired those officers for wrongdoing, for committing a criminal act. and so now all these other agencies, they can't do their jobs? >> understanding the reaction, just the basic human reaction that anybody would have seeing these videos, the new video that came out tonight that we saw multiple police officers kneeling either on or by what would be the body of george floyd completely understand that reaction. i'm also struck by his girlfriend of the past three years, who said that waking up to see his city on fire would devastate him. he loved it here. he came from texas. he stayed because he liked the people. he had opportunities. she called him, as many people have, a gentle giant. she said he was about love. he was about peace. how do you sort of square that with what you're seeing tonight, again understanding the frustration not just of what happened to him but what has happened so many times over and over and over again to black men in america? >> to black men and women. let's be real clear. >> yes. >> we absolutely see many, many unarmed black men murdered in all sorts of situations by the state. and i am completely devastated by it. you know, i didn't know george floyd, but i've seen him around the city, and i've interacted with him. he was a very kind -- very seemingly kind man, and i'm sure he would be devastated by this because everybody should be devastated by watching this. this is not the kind of reaction that is going to elicit the goals that we want to talk about, and that is equity. that is equality for everybody. that is fairness and justice and equal access to all of the things that makes life livable in this country. and this takes us five steps backwards. so we're going to pursue justice for george and bring this back to where it belongs, where is about george floyd and the utter lack of respect for human life that was displayed by those former minneapolis police officers. >> we have just learned, andrea, that the city of minneapolis is warning protesters there to evacuate the area because of the explosive material in the area, and there are some reports gas lines may have reportedly been cut. we have ali develvelshi and mor chesky on the ground. they're moving to safer ground. what is your message to protesters right now? >> please go home right now. we are -- the only reason why we have not intervened in this, we're trying to preserve human life, and they are endangering human life. they're endangering their own lives, and we are in the middle of a pandemic. and so not only are they endangering the people that live in this area. they're also endangering their family members when they go back home because i can guarantee you based on the fact that coronavirus is on every inch of the entire planet, you don't think it's out there with those people? >> how worried are you for your city right now? >> i'm extremely worried. i just texted both my senators. i asked them to please intervene with mike freeman and bring these officers to justice. i'm deeply concerned about my city right now. >> andrea jenkins, vice president of the minneapolis city council, thank you so much. we do appreciate the time tonight. i want to bring in now marx claxton, retired new york city police detective, as well as jim cavanaugh, former atf special agent in charge and an msnbc contributor. mark, let me start with you and just get your take on the fact that now they're asking people to get out of there. they believe that there is potentially explosive -- literally explosive situation as well as figuratively explosive situation. but our correspondents on the ground for a couple of hours have seen no sign of national guard, seen no sign of police. your assessment of what you're seeing right now. >> well, i think it's obvious just based on the video that's being transmitted from the location that the level of the threat of danger to human life has increased exponentially in the past several hours, and that is, you know, the whole tone and tenor of demonstrations in general are changed when darkness sets in. and then you add into it the visceral reaction of those individuals who perhaps want to come out and merely voice their protest. you mix that in with individuals who have alternate agendas perhaps, who are there. some people are professional provocateurs. some people are amateur provocateurs. you have a mix of anarchists, et cetera. i was on the phone not too long ago with a couple of my associates who are on the ground at the location there. and what they told me is that they have been at several demonstrations related to police abuse, to police killings of unarmed individuals in the past. they told me -- and these are experienced advocates. they told me that the whole tone and tenor on the ground there is something like they've never experienced. so it is really a scary time, and the video really supports that. and it seems as if the government has decided to make some additional steps, which could be bringing in some additional police and law enforcement resources, which may agitate or aggravate the situation further. >> marq, did they elaborate on that? in what way was the tone and tenor different than anything they had experienced before? >> one of my associates indicated that there was clearly a larger group of individuals who they believe -- who she believed were anarchists, who were pretty much spurring on a lot of the activity there. they were much more physical and much more involved in engaging or trying to engage with law enforcement there on the scene. she also indicated that there wasn't a large law enforcement presence on the scene, but there is a lot of activity. there is a lot of individuals there who appear to be really more provocateurs than anything else. like i said, once it gets dark and you have this mix of protesters, individuals who are perhaps anarchists, you have these professional or amateur provocateurs involved, really the danger level is increasingly high, and individuals who are still there, who remain there -- that includes even this msnbc correspondent ali velshi -- really have to take precautions now because it really is escalating and getting to a point that, you know, it's really a threat to human life there. >> do you agree with what appears to be a deliberate decision in minneapolis to either have no police presence or at least minimal police presence, so little that we have not been able -- our folks on the ground have not been able to see it? >> well, i trust that the law enforcement professionals there on the ground are making some sound tactical decisions just based on the available manpower and their positioning. you don't want -- they're already having the police facility has been compromised, and there are fires of course. wh you have to make professionals are down there to maintain order, and manpower is strategically moved according to the circumstances. things are happening and changing rapidly there. you can see it. since it got dark, it's a totally different vibe, a totally different tenor, and there is an increased level of danger. so the police have to move based on the manpower they have and the tactical situation that will be better for them. >> jim cavanaugh, as we have seen this escalation throughout the course of the evening after darkness fell, as marq claxton pointed out, which is often kind of a trigger for things, what should be happening now? what would you anticipate is happening now in terms of law enforcement? >> well, they're going to have to make some strategic moves here, chris, because, you know, fires like these -- and i've investigated many fires and arsons and bombings and large ones like this. you know, they can get into a firestorm where they throw embers, you know, blocks away, miles away, and you can get structures start to burn from external heat. i'm sure the fire chief and the battalion chiefs in minneapolis are watching all this from the air, and they're making those strategic decisions. they're seeing which buildings can burn out and they don't have to go to, but other parts they do have to go to. they have been fighting some of those fires. i saw it on the feed. i've been watching it all night. most of the demonstrators, you know, peaceful signs, yelling, worked up, but there's a few very strategic arsonists here. and just to build on what marq said, and i agree with what he said. early on, i saw the strategic arson. they lit fires on each side of that police precinct. they were trying to get that police precinct to burn. eventually they did. that was very strategic. so with arsonists, it doesn't take very many to really wreak havoc in a city. so the police department is going to have to get a handle on that, and it's not going to be able to lay back. they laid back tonight, hoping for a peaceful assembly and maybe some minor incidents. but now they're starting to get multiple arson, and you can't let that happen every night in the city, or you won't have a city, and you will have, you know, death and injury. so they're going to have to, you know, change their tactics. they're going to have to use restraint. they're going to have to do it correctly. they don't need to be too strong and too much militarization, but you have to have the police. they can't allow, you know, people to burn down the city. i think there's a small group of an,isarchists that are leading s activity. look at the destruction in causes. chris, i think you're 1,000% right on that conference today. i've handled many press conferences over my 36 years. i've been in many. there was no news in that press conference at all. there shouldn't have been a press conference. you know, that officer who was on the neck of mr. floyd, he should have been arrested. she have already been arrested. that's caused a lot of angst there. i think the county attorney is being very careful. but, look, maybe he's waiting on an autopsy report, a toxicology report. maybe he wants the specific cause of death. we can all understand that as investigators. but even that, this is a first-degree assault or an aggravated assault, and those penalties carry up to 20 years. and that, you can see on the video, and you could arrest him for the first-degree assault that's intended to cause great bodily harm and injury that's intended or could cause death to his neck. co-have be he could have been charged with that, and the prosecutors could have told the judge, we're awaiting the toxicology because we think if it's the cause of death, we're going to up this to a homicide charge. just be plainspoken, take it right in. you can't not act on these things. it's justice delayed, and that's justice denied. >> i think we saw, marq, and you obviously agree with jim cavanaugh that you have this probably small handful of people who are arsonists, who are anarchists, who may be instigators, whatever term you want to use, but who are inciting potentially a lot of this. but you did see that moment, and ali develvelshi reported it so earlier, when the third precinct actually caught fire. he said the mood there changed, and they started shouting "what's his name, george floyd." there is a symbolic importance to that one moment that is a lot of a pent-up feeling that even goes beyond what we've seen just since monday, marq. >> yeah, and i know it was quoted earlier, and there's this famous martin luther king jr. quote about the riot being the language of the unheard. and the chants are basically individuals there demanding to be heard on some level. listen, let's be prank and honest, and jim touched on this. the press conference that really shouldn't have been a press conference because it was about nothing. it was like a seinfeld episode. it was a press conference about nothing. it really did nothing but aggravate or incite a little bit more than it should have. and people are aware of it, and they feel very strongly that they're not being heard, that their demands are not being respected. that what they expect and demand from professional law enforcement is being ignored. so if you don't hear me then, can you hear me now is what some of the protesters are involved and what they're trying to communicate. so we ought to be paying attention, and the idea behind the initial protest is to gain attention, to gain some focus, to force the world to listen to the cries of a community that feels they're under siege, who feel that black men and women are threatened by law enforcement on a daily basis unnecessarily. too many deaths. they want everyone to hear too many deaths. they're demanding to be heard. and unfortunately, oftentimes this destruction of property, these injuries, these type of things draw the attention. it's negative attention but it's attention nonetheless. so until they feel that there is a move toward justice we're going to continue to have this circumstance and get exponentially worse. >> mark claxton, jim cavanaugh, thank you both, gentlemen, for your expertise and your thoughts as both of you understand very well what's going on, and particularly mark for your sources on the ground. we do appreciate it. it is 1:00 a.m. here on the west coast. it is midnight in minneapolis. hello, i'm chris
not just in police hands but in forcible custody, broad daylight, on his stomach in the street on video with his neck under the knee of an officer. this is a new angle that has surfaced late today. and what's notable about it is the audio it contains. it's the number of police officers you see detaining him there in the street and the number of times you can hear mr. floyd say he couldn't breathe. he died in police hands. that started what we are seeing tonight. officials held a news conference today including the trump appointed u.s. attorney for the district of minnesota including the local attorney for hennepin county, minnesota. but they didn't have enough to say to stop what we're seeing unfold. right before the top of the hour, i asked ally velshi to count up the the number of actively burning fires around him. his answer was four. we have the now famous third precinct, minneapolis police station on fire. we have what appears to be a family-owned smoke shop on fire. we had several large engulfed structure fires earlier tonight. and let's not hesitate to mention we called minneapolis part of the twin cities. st. paul, minnesota, had their hands full tonight, and we're waiting for an update from there. the mayor of st. paul, this is video tape from earlier tonight. the mayor of st. paul sent out a rather urgent call for the national guard. we faux hknow that 500 members minnesota national guard have been authorized and ordered to report. and just because this is human life in the middle of a pandemic, let's pause just to remind everybody these are 500 men and women who were as of yesterday at home with their families doing the right thing during a pandemic. and now quite the opposite of social distancing. they will pile into vehicles and work together, the nature of the job. and they'll go where they're assigned and do the job that the governor and the mayor have decided to assign to them. correspondent morgan chesky is among our folks who have been in the crowd and around these various fires that have been burning. morgan, have you moved your location since we last checked in with you? >> brian, we absolutely did because about five minutes ago we heard succession of gunfire from what sounded to be inside the third precinct which is just beyond this parking lot here. i looked to my security team. i said is that what i thought it was. it sounded like an assault rifle. at that point we left the building where we were and we're standing at the intersection now. we haven't heard a repeat of that. right now i'm listening to glass being broken. about 20 yards behind me, an arby's that had been boarded up in hopes of protecting that bids is now being broken into as dozens of people kind of swarm that entrance there. and that is really the scene block by block in this part of the city right now, brian, because now for going on about an hour i have yet to see any police presence of any kind. i had seen some cruisers in the distance about a half hour ago, expecting them to roll into this area and set up a perimeter. but they have yet to do that. and just a quick look down this street we're standing on right now, you'll see that a flame stretches across the entire width of it. that is how typically police would come into the rear parking lot of their own station. but right now that fence is up. that fire is burning. and that is making it almost impossible, really, for any sort of response to come to this area. so, the tension is certainly rising here, brian. we have not heard that gunfire come yet again. we do know that about three blocks behind me is where that liquor store continues to burn. and at this point in time we have to fear it is going to be basically a carbon copy repeat of what we saw last night where about a ten-block square area was laid waste by hundreds and hundreds of people trying to do, as they would say, send a message, but overshadowing what so many people came out today for and that was to pay tribute to the man who died monday. brian. >> thank you very much for that. it's haunting that the reason you had to move, morgan, is the sounds of rounds going off. ali velshi is back at his location. both of our correspondents are kind of around the same corner. ali, go ahead. >> that guy's on a motorcycle. >> yeah, morgan and i are crisscrossing each other. the liquor store fire he was talking about is over that way. this is the other liquor store. there's the police station fire over there. a lot of activity now. it's become one of the center of activity in front of the police station. the crowd has now moved over there. at this point that seems to be the center of what's going on. let me just give you a sense of it. what morgan said was interesting. for most of the day today it looked a lot calmer than yesterday looked and that's what happened yesterday. it picked up later in the evening. the crowds gathered here. and the stand off with the police looked very different last night. police had lined up. there were barricades outside the police station. police lined up around it and were preventing protesters from getting close. then they put up, overnight they put up fences and barricades so people couldn't get there and that's what broke through. so, it caused a new center of focus for the protesters, the idea that they would then try and take that police station from the police. again, we were very surprised to find out that there were police actually in that building, but there were. there were about five police who came out. they had their weapons with them, fired the gas canisters, and dispersed the crowd which then came this way and started this activity and a fire that occurred over there. so, again, there are fires as you mentioned at the top of the show. there are at least four fires i can see and that's just in this small range that morgan and i are in. obviously some are very active. this one is very obviously spread to the buildings on either side of it, the liquor store and the shop to the left. but there's no ability -- and i just think we have to remember this. the national guard has been activated. they are not here. the police are not here. the police have been evacuated. the fire engines can't get in here. there's no ability to bring anybody in here to solve this problem. so, i want to be clear how i characterize this. this is mostly a protest. it is not generally speaking unruly. t but fires have been started and there's a crowd relishing that. there's a deep sense of grievance and complaint here. that is the thing. when you discount people who are doing things to public property that they shouldn't be doing, it does have to be understood that this city has got for the last several years an issue with police and a deep sense of grievance of inequality. you mentioned earlier before we had video how did we know about these things? now we have video. we have three angles of this. the people telling me, they are saying what more do you need? three angles of video. why haven't there been arrests. and the fbi and the minneapolis bureau of apprehensions and the hennepin county attorney all of whom are proceeding very carefully, this crowd is not looking for careful right now. they're looking for something that feels like justice and they don't seem to be getting it. >> ali velshi, a question there may be no answer to as far as your reporting. if you're the governor, where are you watching this right now? if you're the mayor, if you're the member of congress whose district this is, two u.s. senators, what are they thinking? where are they watching because right now for now minneapolis does not control the area where you are. they have nothing to do with it. it's being run by another authority. >> and there have been various protests in various parts of the city. there was one at city hall that was more organized. there was one at hennepin county courthouse where people knelt in protest. those seem to be the ones where people are trying to get the attention of politicians. this has a more visceral feel to it. this protest is not about the politicians. this protest is about the police. this protest is for people who feel police brutality is not dealt with fairly in this country. even in baltimore where we saw riots or ferguson, you saw politicians, generally coming to the area. that's not what's happening right now. this several-block area that morgan and i are in right now is out of control. it is not under control of the authorities, it's not under control of the police, it's not under control of the government and not the national guard. for all the people hearing that the national guard has been activated in minneapolis and minnesota, that is not happening right now. no government authority has control over this. the people have control over this area and this is what's happening now. there's a lot of venting going on. they're not happy about the way this is unfolding. they're not happy about the damage to public property. but the anger, i can't -- your pictures show it, brian, but the anger is visceral here. >> i get it. ali velshi, thank you very much. and to our viewer, something we neglected to say at the start of our coverage, obviously we're overhearing language that most adults can handle. we apologize for being the venue for it. and i know we've received several one finger salutes since being on the air tonight. it's a -- it's an overheated environment. that should go without saying. back with us again tonight is maya wiley, former assistant u.s. attorney for the southern district of new york, veteran of the new york city mayor's office who is now with the news school in new york. maya, i just need to your hear your reaction to this horrendous, horrendous scene we are seeing in one of america's finest cities that is absent one of its residents. somebody needs to answer for george floyd. >> you're absolutely right, brian. and i think what we're seeing is the community demanding an answer and demanding an answer that includes the word "justice" in it. you know, you have to wonder when you see these images that we're seeing tonight, and i think that ali so carefully and responsibly reported to us, you know, really about anger and underneath that anger is pain. but not about violence although there is obviously some fire setting and some things to be concerned about. but you have to wonder if the images we would be seeing tonight would be different if what we had heard from prosecutors were that they were taking the officers in, arresting them, and that charges were coming. we did not hear that despite the video tape. and part of what we are seeing and part of what we have to understand is that this is the community like communities all over the country, and that's why we're seeing protests around the country that have felt for too long that no matter how much evidence there is of wrong doing, the answer seems to be don't believe your lying eyes rather than we are going to take this evidence. you know, we heard that there is evidence that may suggest it wasn't a crime. i would really like to hear what that evidence is. it's very hard for me to understand seeing that video tape why, even if there is some argument on another side. there's always a way to mount a defense. but why a prosecutor isn't saying, you know, we're going to make it very clear that we're coming and we're coming hard. we can't predict the outcome, but we're going to do our job. >> can you tell me a matter of the law, that people have asked me and without having your legal training i have not had the answer for. how would it be possible that four police officers fall short of the standard required to serve on the police department of minneapolis, yet would not immediately qualify for arrest and charges given the kaleidoscopic coverage of video and audio that we have of this action. >> i wish i had an answer for you, brian, that i thought was satisfactory, and i don't. what i will say is it's certainly true that in general prosecutors try to be careful, try to ensure they all the evidence and information before they make a decision. i think the problem here is -- and i served, as you know, as chair of the civilian complaint review board, and i have to tell you this is the kind of video that made us cringe and that you would hope that the police department, as we saw, did the unusual step for police departments of saying you're gone, you're fired immediately and actually calling in for federal investigation. so, the idea though that there's not enough here is quite challenging. and i think the other thing that we're hearing from communities and that we have to understand is most of us don't get the benefit of that. we're just arrested. the answer becomes why aren't these police officers, when we have ten minutes of video of a man who is handcuffed, not his hands loose, surrounded by police officers not -- there's no indication in this video that he is fighting the officers, and he is begging, begging, for his life and that we hear bystanders standing around and quite reasonably and respectfully raising very serious concerns about whether or not he is able to breathe, what that tells any lawyer is i have video evidence that average rational people looked on this scene and saw a man in serious trouble, medical trouble. that tells you that the police should have seen it too, and i don't see any evidence on this video tape that there is a reason why they needed to do exactly what the training would have suggested they not do. once someone is subdued, the idea that you have a knee for a prolonged period on someone's windpipe, their ability to breathe, exactly the kind of thing officers are trained on in their training, and you can't defend yourself if you have violated your training. and you cannot defend yourself if the person you have arrested is under your control. if you don't have a danger to yourself or to the public. i can't show you in this video where there is any indication of that defense. >> there's also a dichbs between a violent and non-violent crime. and the various ways to arrest and detain someone depending on what it is you suspect they have done in most civilized societies. maya, i found it interesting that somebody at that press conference today, perhaps it was the hennepin county attorney, invoked freddy gray as a kind of glancing example of perhaps prosecutorial overreach. it was invoked at least to say let's be cautious here and not move too fast because we know what can happen. >> i heard that as well. i think this is the point i was trying to make more clearly, that certainly prosecutors try to be careful and collect all the evidence. there's always a defense. and prosecutors want to know and understand what that defense might be before they make the decision whether to bring charges. i think the thing here is prosecutors also make decisions about whether or not it's really important to vindicate the public trust, the sense of accountability, the fact that even if you don't know if you're going to win the trial you feel absolutely committed that it's important that you bring the case. and prosecutors make those decisions all the time too where you say this one matters. i might lose it. i don't know. but this matters. and unless there is accountability for police officers who violate their training, who show a disregard for the safety of residents when they are doing their jobs, when they are supposed to be following the law, when they are supposed to be following their training, when they are supposed to be protecting the constitutional rights of every resident, then -- then -- we must have some accountability that says when you cross that line, you too must pay. you too must see a judge. you too must have to confront your accusers. and in this case, it's the people. and that's really what protesters are asking for. you know, brian, unfortunately we've seen that all of the arrests of police officers, a very small percentage, sometimes as low as 30%, are ever charged. and then we see an even smaller percentage of that are convicted. and that is a frustration. but it is equally frustrating to not feel that the part of the criminal justice system is going to fly into action when it's very hard to see why it isn't. >> we had a number of questions as you can tell to put before a lawyer tonight. we are so fortunate to have a lawyer the quality of maya wiley as part of our coverage. maya, my friend, thank you very much for being part of it. i understand back in minneapolis, correspondent morgan chesky is down the road a little bit from tonight's activity to what was the location of last night's story, the target store where i see a fresh fire burning, morgan. >> reporter: yeah, brian. you're exactly right. and we have a crowd running towards us right now. i'm going to step out of the way here. we don't know what they're running from now, but i can tell you that we wanted to -- us and the police precinct so we started walking two to three blocks down the road and that's when i saw that glow, that flame that's popping up all over this part of the city tonight, brian. and when we walk to the rear of the building we saw -- you can hear that popping now. the fireworks are going off. someone has set fire to two tractor-trailers that were directly behind this target store that has really been continually looted throughout the day. just a few minutes ago as we were walking the this way i witnessed a group of people run out and one man ride out of the building on a motorcycle. so, that's kind of the scene that's playing out right now. i will say that in the past 15 minutes we have seen. so crowd start to disperse. more than anything at this point in time, people are just -- if they are showing up, they want to see what's happening here. it's a very unfortunate sight to behold. but -- if they want to do -- if they do want to come, brian, this fire certainly a fresh one. as i look toward where ali is located, i can still see the glow from where that liquor store continues to burn. amidst all this tonight i have yet to see a police officer in uniform, a police cruiser of any kind, a member of the national guard and it's been that way for at least the past hour, hour and a half or so. i keep waiting to see some sort of perimeter being set up and that may just not be the case tonight, brian. >> morgan, an observation more than anything else and then i'll let you go reposition. that is that often in protests we see peoples' faces covered and often where gasz has been deployed we see people wearing masks. how often do you remind yourself over the course of your coverage, oh yeah, we're also in the midst of a pandemic? >> i'm going to be honest with you, in the midst of all of this i think that question has been the first time in the past hour or so that, you know, that reality has really sunk in. so much for social distancing on a night like this with people running from police earlier in the day and now people just congregating simply watching minneapolis burn. >> no justice, no peace! >> one building after another, brian. >> all right. morgan chesky. thank you. stay safe. watch your back. we are happy to have with us ben jealous, former chairman of the naacp and frequent on air guest of ours. can you join me in starting with a very important point i tried to make at the start of our coverage. it would be unfair and inaccurate if people came away from the coverage thinking this is a black crowd, these are black protesters. as i tried to point out, minneapolis is a very diverse city in a state 7% african-american by the last census. and more than that, and importantly, this crowd is incredibly diverse. what they have in common is anger over the death of george floyd. >> you know, that's exactly right. i was just there a few weeks ago to bring an app called citizen to the city that we think frankly helps to discourage police brutality when it's used. it frankly helps keep all of us safer from the bad guys, even bad cops. and when you walk through the city, it's incredibly diverse, it's incredibly beautiful. let's be clear, the fight against police brutality has been a multiracial fight from the very beginning of this country. we can go all the way back to the boston massacre. paul revere painted al chris pus the first person killed, an abolitionist, about half a century later painted him back in. but the first person killed in the boston massacre was a young black man killed amidst a crowd of protesters that were mostly white. and so in our country, the opposition to police brutality runs deep amongst all of us. and when you're in that city, and i spent a lot of time there when i was president of the naacp. it really -- the racial inequity smacks you right in the face. the depth of the recession, there were two states in the country where black unemployment was three times white no matter what education you have whether you have a phd or no high school degree. that was mississippi and minnesota. while minnesota is nice, it's also like mississippi with snow. and what we have to understand is that every time you see a situation like this -- >> this is david curry is new york. the mayor of minneapolis, jacob frey delivering remarks after a third night of unrest in minneapolis/st. paul. let's listen in. >> it became clear that there were imminent threats to both officers and public and the danger was -- the danger became necessary, and i made the decision to evacuate the third precinct. the symbolism of a building cannot outweigh the importance of life of our officers or the public. we could not risk serious injury to anyone. and we will continue to patrol the third precinct entirely. we will continue to do our jobs in that area. and, you know, brick and mortar is not as important as life. happy to answer any questions on this topic. >> mayor, what did you hear that people -- did you hear reports earlier in the day that people might be interested in protesting or going into the third precinct? >> we have received reports regarding many attempting to get into the third precinct on numerous occasions, yes. >> what's your response to president trump's tweets saying that looters should be shot? have you seen the president's tweets? >> no, i have not. can you -- >> i would have to bring it up here to quote it exactly. did anybody -- >> mayor, what's the plan here? what are we doing? >> with regard to? >> clearing the streets. a lot of businesses have been burned down. a lot of livelihoods have been hurt. we have not seen -- we've seen very little police out there just in general at the third and throughout. and i'm just wondering what is the plan and who is in charge right now in this city? >> there is a lot of pain and anger right now in our city. i understand that our entire city recognizes that. what we have seen over the past several hours and the past couple of nights in terms of looting is unacceptable. our communities cannot and will not tolerate it. these are businesses. these are community institutions that we need. these are banks that people rely on to get cash, grocery stores that people rely on to get food. these are pharmacies that people rely on to get medicine. they are essential to our community, and we need to make sure that they are protected. and so we are working with our officers right now. we are working, of course, with resources provided by the state. we've authorized mutual aid and a unified strategy so that we can work with different jurisdictions in the area. you know, it was clear as of last night that we needed additional help. and we got that additional help, some from the state, and we are expecting more as well. i'll say this. we additionally need help from our community. we need to make sure that -- we need to make sure that people are looking out for our city right now. it's not just enough to do the right thing yourself. we need to be making sure that all of us are held accountable to make sure that we're holding up the highest ideals that we stand by. >> mr. mayor, there are people out there tonight saying things like where are the police right now? where are the firefighters right now? where's the national guard right now? those are all fair questions. where are the police, firefighters, and national guard to protect that third precinct and protect that neighborhood? >> as you already know, there were more than a few fires that our firefighters had to put out. there were more than a few incidents of looting that our officers had to attend to. we are doing absolutely everything that we can to keep the peace. we have officers that are stationed around the city in several different locations. we have in many instances assistance from the state to prevent looting at some of these community institutions that we know will be necessary to get through this pandemic. you know, this is one of the most difficult situations that our city has been through. i'm not going to stand up in here and tell you that there are easy answers to it because there are not. what i can tell you is that through this pandemic, chief arredondo has my 100% support. the fire department has my 100% support. we're going to be united as a city. >> so where is the national guard and how is it being deployed? who's got that control? who's making the calls? >> many of these questions you're going to want to direct to our chief who has been working consistently with harington. and many of the national guard, as i mentioned, were stationed and are being stationed in locations to help prevent some of the looting that we've seen. >> like what? like what stations? >> banks, grocery stores, pharmacies. >> mayor, the -- i have the president's tweet he sent out two just in the last couple of hours, one personally attacking you. the second one -- >> can you read it. >> just spoke to governor tim walz and i told him the military is with him all the way. any difficulty and we will control. when the looting starts, the shooting starts. this is the president of the united states tweeting just a little bit ago. what's your reaction to that? >> what was the other tweet? >> there was an earlier one calling you a radical leftist and a weak mayor and to get things under control. i have it here. i can't stand back and watch this happen to i great american city, a total lack of leadership says the president, even the radical left mayor jacob frey get his city under control or i will send in the national guard and get the job done right. that was the first of two tweets from the president. >> well, let me say this. weakness is refusing to take responsibility for your own actions. weakness is pointing your finger at somebody else during a time of crisis. donald trump knows nothing about the strength of minneapolis. we are strong as hell. is this a difficult time period? yes. but you better be damn sure that we're going to get through this. >> mayor, some people have questioned whether you made a conscious decision to let people go into the third precinct and offer it up as one of these healing spots you referenced earlier in the day. is that how you were approaching it? >> no. no. the decision i made was for the safety of our officers and the safety of the public. the symbolism of a building cannot outweigh the importance of life. it's a decision that i did not take lightly. i understand the importance of a precinct, but we are able to regroup and continue providing the same service to the third precinct as the geography. >> mayor, what point did you make that decision? i don't remember the exact time. >> was it earlier in the afternoon or just a couple hours before the statement? >> as situations started to escalate more and more, as we saw more and more people breach the perimeter, as we noted we have to have our officers at many locations throughout the city to prevent looting and crime. it became obvious to me that safety was at risk, and it became obvious to me that we could take a different route that would better assist both the public as well as the safety of our police officers. >> major, do you know how many officers were in that building when it was breached? >> you would have to talk to the chief. >> two, was there a calculus in terms of property versus engaging protesters or being more overt with force? is there a decision making process in terms of building versus engagement? >> i don't understand your question. >> i mean, you have a decision to make whether the building, the third precinct in general, one of those businesses on that corner, should just be let go. you have no police responding to it. or do you engage the protesters and clear them off the streets by, you know, any means necessary, the tools that are at your disposal in terms of a -- having a tooled urban police force, i would imagine having the tools to clear the streets. >> i'm still not following. the decision comes down to public safety, period. i'm going to take one more question. >> so, what do you tell the public in that community that doesn't have that precinct to work from to help protect the other homes or other businesses. >> the resources that we will offer to the people of the third precinct will continue, period. the building is just bricks and mortar. it's a building. >> what if it does get worse? you talked about the community needs to help. what if they don't? what is that plan to address that? >> i've been in touch with governor walz at the state. again, we have expressed the need for resources. we are appreciative already of the assistance that we've gotten in the form of state patrols. and as you know, we've requested the the national guard as well. and, you know, we anticipate that those resources will be increasing as well. >> mr. mayor -- >> thank you, everybody. thank you, everybody. >> that's jacob frey, the mayor of the city of minneapolis taking questions from reporters after a night of protests and unrest in his city in minneapolis. a lot of that was centered on the third police presipgt, a building building, fires were started inside. as we heard from the mayor, a decision was made by the 345i yor himself to evacuate that building no. police remained on site, no firefighters as well. that building engulfed in flame. the mayor said he's reaching out to the city for help. we need help from the community, he said, the mayor maintaining we are dog absolutely all that we can to keep the peace in the city of minneapolis. startling exchange with a reporter asking the mayor what's the plan. the mayor saying in reply for what? a lot of questions tonight about what happens once the sun rises tomorrow at about 5:30 in the morning minneapolis time and the nights to come. during that news conference, the mayor asked about a pair of tweets from the president of the united states, the president tweeting just after midnight tonight attacking the the mayor saying he had spoken with the governor of the state of minnesota saying he's prepared to call in the national guard. the mayor admitting he hadn't seen those tweets before the news conference and the reporter reading them aloud to the mayor, the mayor saying donald trump knows nothing about the strength of minneapolis, went on to say you better be damn sure we're going to get through this. for the latest in minneapolis i'm going to turn it to ali velshi. ali, i want to start with what the mayor had to say about the resources he has martialed. it sounds like there was a k la of it, there weren't police you could see surrounding that building. >> that's correct. we saw a few police, david whrks the barricades to the police precinct came down and somebody, one of the protesters got into it. police immediately appeared oen the roof of the building. and then over the course of the next 90 minutes or so moved their way down to the ground. there was never more than a handful of them. but there are no police anywhere else in the neighborhood and there are fires burning. i do want to introduce a little context to this. there is a very small area around the police precinct, probably aboutal two or three blocks in every direction in which there is zero police presence. at one point, fire engines pulled up to a fire. they didn't do anything. they couldn't -- just couldn't operate in that area. once you get beyond the residential areas and you can drive through some parts of minneapolis tonight. it's fraught with tension but not know what's going on. you can't see fires all over the city. i could see four from where i was. so, to some degree when the mayor says we can continue to offer policing services to the third precinct without there being police in that building, that's not entirely true. there's no way to bring police or fire engines or national guard into that crowd i was in. i was on with brian williams when the building was set on fire and we were talking about how can you have a police precinct set on fire and not have the fire department respond. i was saying there's zero chance that the fire department is going to be able to respond to this because they need the national guard to bring them in to escort them and that would set a bad situation off even worse. so, the mayor's not got a handle on what's happening in the immediate vicinity of the third precinct police station. and the interesting thing about that is it's not relevant except in its symbolic nature because george floyd was killed quite a distance from there actually but the four police officers were based out of that building. so, symbolically the protesters wanted to overcome that precinct and they did. one other piece of context. the mayor was on with rachel in the 9:00 hour. it was right when they finished talking that i reported that the protesters just breached the police station. and by 11:00 the police had been evacuated and the protesters had taken the the building. so, that's how fast this happened. so, i -- the mayor looked tired. he looked frustrated. but this has gotten away from everybody tonight. and i think they've got about 24 hours or less really by sundown tomorrow to get a handle on this situation. if we go into friday sundown without a charge and without authority over an area of south minneapolis, i think it's going to be more serious than it was tonight. >> appreciate what you're saying there and the mayor making that point as he sees it, lives are more important than bricks and mortar. i'm paraphrasing what he had to say there. i was struck by what you said to chris jansing earlier this evening. once that building went up in flames, the complexion of the evening changed. help us understand that more if you would. >> in the moments after the building started to burn, the mood turned celebratory. music was coming from cars. people were somber, but it felt like same bollic victory had been obtained. then a lot of froesers left. it got really late. they realized as in many cases, as things get later, they get more intense. by the time i left the scene, a good hour and a half or two hours after that, it had taken on a slightly more sinister feel to it. that's not to say the people are state pris state prison administer. it's just there was much for anger than there was protest. there was much more grievance than there was protest. there were speeches earlier today, people walking around offering water to people. that was that sort of mood. by after midnight it had turned into something that felt much more dangerous. there was much more looting, more stores being broken into. there was a sense that the protesters had left and something else was left behind. and there is an element of a city not being able to get control of itself that is something that is important and very out of kashcharacter for minneapolis. i think between the mayor and the governor and the attorney general and the hennepin county attorney and everybody else and the fbi, they're going to have meetings right now and have decisions about what they do tomorrow to not have tomorrow look like tonight and the night before. >> talking to ali velshi on the ground in minneapolis on the heels of a press conference. you talk about danger. there was, to an extent is, concern about the building. we're hearing unconfirmed reports that gas lines to the third precinct have been cut and other explosive materials are in the building. talk about how you left it. we see this here. these are images from earlier this evening. what happened over the course of the evening. >> so, you know, as i left, i heard that conversation about gas lines and obviously that creates a whole different danger when there's fire and dgas line. and we did see people leaving the police station with police gear, police equipment. i didn't see weaponry, but i saw other police gear. i wondered if they've got the weapons locked up somewhere else. so, it definitely had that sense of, you know, the protesters stood in front of that building with the fire burning up on pedestals with the fire behind them in silhouette in a picture that i think we're going to remember for years to come. something happened tonight that i don't think anybody planned. the difference between tonight and 24 hours ago is 24 hours ago the police were lined up in front of the police station and they were holding protesters off with tear gas and flash bangs. they then today during the the day when things were calm, they put in steel and fence and concrete barriers around the police station. you couldn't get there. that's what held until the protesters actually penetrated those. so, it became much, much rougher tonight. and i -- i don't know what they do about this. if things aren't calmer in the morning, we did see in the distance what may have been police vehicles or national guard vehicles, vehicles with lights and sirens, but nobody came close to the area. i suspect as things calm down overnight and in the morning they're going to have make a decision. what do they do to protect the neighborhood where property is being burned down. we've watched several shops burn down in front of us and that's something that even people who are understandably very frustrated by what has happened and the lack of charges against the police are having trouble with. it's like this to some people is a bridge too far. >> ali, the mayor during his remarks said police are going to continue to patrol the third precinct. there's a moment he says he has 100% confidence in the police chief and the fire chief as well. in light of what you've been reporting, how significant was that to hear from the mayor tonight after what's transpired over the last few nights and of course what happened over memorial day, what happened to george floyd. >> the mayor has been out front in his concern and i think he's shared the concern -- a lot of americans have. a lot of people have shared that video, a lot of police chiefs and politicians. he seems to be on the side of the whales of justice need b to turning. i think there's a fine line to walk right now because the city is dividing. the police are dividing from the population. and the mayor had to sort of come out and sort of walk that fine line between being angry and being on the side of the protesters which is largely what he sounded like in the last few days, and sort of being the chief executive of the city that has a fire department and the police department. the police department has been troubled for more than five years and they've got a new police chief who needs the support of the mayor. and the poor firefighters who are just trying to put out fires and can't get to them because there's no chance they can get there without being symbols of authority that walk into possibly hostile crowds. so, i think the mayor -- i have to say the way i read it is the mayor was under some pressure to say you're the boss of this, you're the chief executive, you can't let the police and fire department hang out to dry in a moment like this. you're going have to cosomething that looks like leadership. i think that's what he was attempt og the do today. it didn't look like his heart was totally in it. but he had 100% support. i don't think it was hard to say about the fire chief but i think they enjoy a good relationship. but the police right now are nowhere to be seen at least in the part of the third precinct i was in. >> we have a 24 hour bookended with press conference. there was this one at the conclusion of tonight's events and the press conference with the county attorney and u.s. attorney as well. i guess the last question as we wrap this up after the mayor's press conference is where do things stand as the sun rises tomorrow. few hours away for that. e you have prosecutors begging the community for patience. they have to assemble a case. we're hearing that from the medical examiner as well. patience is running thin. what's going to happen tomorrow? >> let alone the rest of the country. we didn't cover st. paul as much tonight. there's still fires burning in st. paul. there's national guard at the courthouse. someone's going to have to come up with something that sounds like an explanation about what's happening. the idea that the fbi is involved in this, the minneapolis bureau of apprehension, the county attorney as you said, the local police, nobody seems to be able to take all of this evidence that has come together in three videos at a minimum but there are more when you look at all the surveillance video. there's a lot of story there. and someone's got to explain what's going on. i don't think that what i saw tonight was a -- it was a powder keg. and i don't think it can withstand another full day of non-answers. and that earlier press conference today was remarkably unsatisfying for people. again i don't know what us j tis looks like. i'm not an investigator and i don't know whether murder charges are appropriate but something has to lookic loo it's happening when the country sees a video of a man who was in the word of a man on the chris jansing show narrating his own death on video. something has to happen and the clock is ticking. >> ali velshi on the ground in minneapolis tonight where there was another night of unrest centered around the third precinct. we just heard from the may r i don't of the city of minneapolis talking about what transpired tonight, talking about the degree of the cooperation with the governor afterstate. our coverage continues right here on msnbc. >> activity they were much more physical, much more involved and engaging or trying to engage with law enforcement. she also indicated there wasn't a large law enforcement presence on the scene, but there is a lot of activity. there's a lot of individuals there who appear to be really more provocateurs than anything else. like i said, once it gets dark and you have this mix of protesters, individuals who are, perhaps anarchists, you have these protesch nal or amateur provocateurs involved, really the danger level is increasingly high and individuals who are still there, who remain there, that includes even this msnbc and correspondent ali velshi really have to take precautions now because it really is escalating and getting to the point that, you know, it's really a threat to human life there. >> do you agree with what appears to be a deliberate decision in minneapolis to either have no police presence or at least minimal police presence, so little that we have not been able -- our folks on the ground have not been able to see it? >> well, i trust the law enformts professionals there on the ground are making sound tactical decisions just based on the available manpower from their position. there are avenues of law enforcement. you have to make sure you can maintain order and strategically move according to the circumstances. and things are happening and changing rapidly. you can see it. there's a totally different vibe, totally different turn, and there's uncreased level of danger. so, the police have to move based on the manpower they have. >> jim kavanaugh, we have seen this escalation throughout the course of the evening after darkness fell as mark claxton pointed out which is often a kind of trigger for things. what should be happening now? what would you anticipate is happening now in terms of law enforcement? >> well, they're going to have to make some strategic moves here, chris, because, you know, fires like these -- and i've investigated many fires and arsons and bombings and large ones like this -- you know, they can get into a fire storm where they throw embers blocks away, miles away, and you can get structures start to burn from external heat. i'm sure the fire chief and battalion chiefs in minneapolis are watching all this from the air and they're making those strategic decisions. they're seeing which buildings can burn out and they don't have to go to but other parts they do have to go to. they have been fighting some of those fires. i saw it on the feed. i've been watching it all night. most of the demonstrators, peaceful signs, yelling, worked up. but there's a few very stra teenlic arsonists here. and just to build on what mashlg said, and i agree with what he said, early on i saw the stra teenl strategic arson. they lit fires on either side of that police precinct. they were trying to get that police precinct to burn. they eventually did. with arsonists, it doesn't take very many to wreak havoc nay city. so the police department is going to have to get a handle on that, and it's not going to be able to lay back. they laid back tonight hoping for a peaceful assembly and maybe some minor incidents. but now they're starting to get multiple arson and you can't let that happen every night in the city or you won't have a city and you will have, you know, death and injury. so, they're going to have to change their tactics, they're going to have to use restraint. they're going to have to do it correctly. they can't be too strong, too much mill ter zags. i think people on the ground are right. there's a small group of an ark u.s.s maybe that are leading this kind of activity. but nevertheless look at the destruction it causes. and chris, just as a last comment, i think your 1,000% right on that press con trefere. i've handled many press conferences over my years. there was no news in that press conference at all. shouldn't have been a press conference. that officer was on the neck of mr. floyd, he should have been arrested. he should have already been arrested. that's caused a lot of angst there. i think the county attorney is being very careful. but look, maybe he's waiting on an autopsy report, a toxicology report. maybe he wants the specific cause of death. we can all understand that as investigators. but even that, this is a first degree assault or an aggravated assault. and those penalties carry up to 20 years. and that, you can see on the video. and you can arrest them for the first degree assault that's intended to cause great bodily harm, an injury that's intended or could cause death to his neck. he could have been charged with that. and the prosecutors could have told the judge and judge we're awaiting the toxicology because we think if it's the cause of death we're going to up this to a homicide charge. just be plain spoken, take it right in. you can't not act on these things. it's justice delayed and that's justice denied. >> i think we saw, mark, and you obviously agree with jim kavanaugh that you have this probably small handful of people who are arsonists, who are anarchists, who may be instigators, whatever term you want to use, but who are inciting potentially a lot of this. you did see that moment, and ali velshi shorted it earlier when the third precinct actually caught fire. he said the mood there changed. and he started shouting, what's his name, george floyd. there is a symbolic importance to that one moment that is a lot of pent up feeling that even goes beyond what we've seen just since monday, mark. >> yeah, and i know it was kwoetd earli quoted earlier and there's this famous martin luther king, jr. quote about the riot being delayed of the unheard. and the chants are basically individuals demanding to be heard on some level. listen, let's be frank and honest. and jim touched on this. the press conference that really shouldn't have been a press conference because it was like nothing. it was like a "seinfeld" episode. it was a press conference about nothing. really did nothing but ago rah gait or incite a little bit more than it should have. people are feeling strongly that they're not being heard, that their demands are not being president ared, that what they expect and demand from professional law enforcement is being ignored. so, if you don't hear me then, can you hear me now is what some of the protesters are involved in and what they're trying to communicate. protestors are inv in and what they're trying to communicate. so we ought to be paying attention and the idea behind the initial protest is to gain attention, to gain some focus, to force the world to listen to the cries oh of a community that feels that they're under siege, who feel the black men and women are threatened by law enforcement on a daily basis unnecessarily. too many deaths. they want everyone to hear them. they demand to be heard. and unfortunately, often times, this destruction of property, these injuries, these type of things draw the attention. it's negative attention, but it's attention nonetheless. so until they feel that there
hour, i asked alley velshi to count up the number of actively burning fires around him. his answer was four. we have the now famous third precinct, minneapolis police station on fire. we have what appears to be a family-owned smoke shop on fire. we had several large engulfed structure fires earlier tonight. and let's not hesitate to mention we called minneapolis part of the twin cities. st. paul, minnesota, had their hands full tonight, and we're waiting for an update from there. the mayor of st. paul, this is video tape from earlier tonight. the mayor of st. paul sent out a rather urgent call for the national guard. we know that 500 members of the minnesota national guard have been authorized and ordered to report. and just because this is human life in the middle of a pandemic, let's pause just to remind everybody these are 500 men and women who were as of yesterday at home with their families doing the right thing during a pandemic. and now quite the opposite of social distancing. they will pile into vehicles and work together, the nature of the job. and they'll go where they're assigned and do the job that the governor and the mayor have decided to assign to them. correspondent morgan chesky is among our folks who have been in the crowd and around these various fires that have been burning. morgan, have you moved your location since we last checked in with you? >> brian, we absolutely did because about five minutes ago we heard succession of gunfire from what sounded to be inside the third precinct which is just beyond this parking lot here. i looked to my security team. i said is that what i thought it was. it sounded like an assault rifle. at that point we left the building where we were and we're standing at the intersection now. we haven't heard a repeat of that. right now i'm listening to glass being broken. about 20 yards behind me, an arby's that had been boarded up in hopes of protecting that bids is now being broken into as dozens of people kind of swarm that entrance there. and that is really the scene block by block in this part of the city right now, brian, because now for going on about an hour i have yet to see any police presence of any kind. i had seen some cruisers in the distance about a half hour ago, expecting them to roll into this area and set up a perimeter. but they have yet to do that. and just a quick look down this street we're standing on right now, you'll see that a flame stretches across the entire width of it. that is how typically police would come into the rear parking lot of their own station. but right now that fence is up. that fire is burning. and that is making it almost impossible, really, for any sort of response to come to this area. so, the tension is certainly rising here, brian. we have not heard that gunfire come yet again. we do know that about three blocks behind me is where that liquor store continues to burn. and at this point in time we have to fear it is going to be basically a carbon copy repeat of what we saw last night where about a ten-block square area was laid waste by hundreds and hundreds of people trying to do, as they would say, send a message, but overshadowing what so many people came out today for and that was to pay tribute to the man who died monday. brian. >> thank you very much for that. it's haunting that the reason you had to move, morgan, is the sounds of rounds going off. ali velshi is back at his location. both of our correspondents are kind of around the same corner. ali, go ahead. >> that guy's on a motorcycle. >> yeah, morgan and i are crisscrossing each other. the liquor store fire he was talking about is over that way. this is the other liquor store. there's the police station fire over there. a lot of activity now. it's become one of the center of activity in front of the police station. the crowd has now moved over there. at this point that seems to be the center of what's going on. let me just give you a sense of it. what morgan said was interesting. for most of the day today it looked a lot calmer than yesterday looked and that's what happened yesterday. it picked up later in the evening. the crowds gathered here. and the stand off with the police looked very different last night. police had lined up. there were barricades outside the police station. police lined up around it and were preventing protesters from getting close. then they put up, overnight they put up fences and barricades so people couldn't get there and that's what broke through. so, it caused a new center of focus for the protesters, the idea that they would then try and take that police station from the police. again, we were very surprised to find out that there were police actually in that building, but there were. there were about five police who came out. they had their weapons with them, fired the gas canisters, and dispersed the crowd which then came this way and started this activity and a fire that occurred over there. so, again, there are fires as you mentioned at the top of the show. there are at least four fires i can see and that's just in this small range that morgan and i are in. obviously some are very active. this one is very obviously spread to the buildings on either side of it, the liquor store and the shop to the left. but there's no ability -- and i just think we have to remember this. the national guard has been activated. they are not here. the police are not here. the police have been evacuated. the fire engines can't get in here. there's no ability to bring anybody in here to solve this problem. so, i want to be clear how i characterize this. this is mostly a protest. it is not generally speaking unruly. but fires have been started and there's a crowd relishing that. there's a deep sense of grievance and complaint here. that is the thing. when you discount people who are doing things to public property that they shouldn't be doing, it does have to be understood that this city has got for the last several years an issue with police and a deep sense of grievance of inequality. you mentioned earlier before we had video how did we know about these things? now we have video. we have three angles of this. the people telling me, they are saying what more do you need? three angles of video. why haven't there been arrests. and the fbi and the minneapolis bureau of apprehensions and the hennepin county attorney all of whom are proceeding very carefully, this crowd is not looking for careful right now. they're looking for something that feels like justice and they don't seem to be getting it. >> ali velshi, a question there may be no answer to as far as your reporting. if you're the governor, where are you watching this right now? if you're the mayor, if you're the member of congress whose district this is, two u.s. senators, what are they thinking? where are they watching because right now for now minneapolis does not control the area where you are. they have nothing to do with it. it's being run by another authority. >> and there have been various protests in various parts of the city. there was one at city hall that was more organized. there was one at hennepin county courthouse where people knelt in protest. those seem to be the ones where people are trying to get the attention of politicians. this has a more visceral feel to it. this protest is not about the politicians. this protest is about the police. this protest is for people who feel police brutality is not dealt with fairly in this country. even in baltimore where we saw riots or ferguson, you saw politicians, generally coming to the area. that's not what's happening right now. this several-block area that morgan and i are in right now is out of control. it is not under control of the authorities, it's not under control of the police, it's not under control of the government and not the national guard. for all the people hearing that the national guard has been activated in minneapolis and minnesota, that is not happening right now. no government authority has control over this. the people have control over this area and this is what's happening now. there's a lot of venting going on. they're not happy about the way this is unfolding. they're not happy about the damage to public property. but the anger, i can't -- your pictures show it, brian, but the anger is visceral here. >> i get it. ali velshi, thank you very much. and to our viewer, something we neglected to say at the start of our coverage, obviously we're overhearing language that most adults can handle. we apologize for being the venue for it. and i know we've received several one finger salutes since being on the air tonight. it's a -- it's an overheated environment. that should go without saying. back with us again tonight is maya wiley, former assistant u.s. attorney for the southern district of new york, veteran of the new york city mayor's office who is now with the news school in new york. maya, i just need to your hear your reaction to this horrendous, horrendous scene we are seeing in one of america's finest cities that is absent one of its residents. somebody needs to answer for george floyd. >> you're absolutely right, brian. and i think what we're seeing is the community demanding an answer and demanding an answer that includes the word "justice" in it. you know, you have to wonder when you see these images that we're seeing tonight, and i think that ali so carefully and responsibly reported to us, you know, really about anger and underneath that anger is pain. but not about violence although there is obviously some fire setting and some things to be concerned about. but you have to wonder if the images we would be seeing tonight would be different if what we had heard from prosecutors were that they were taking the officers in, arresting them, and that charges were coming. we did not hear that despite the video tape. and part of what we are seeing and part of what we have to understand is that this is the community like communities all over the country, and that's why we're seeing protests around the country that have felt for too long that no matter how much evidence there is of wrong doing, the answer seems to be don't believe your lying eyes rather than we are going to take this evidence. you know, we heard that there is evidence that may suggest it wasn't a crime. i would really like to hear what that evidence is. it's very hard for me to understand seeing that video tape why, even if there is some argument on another side. there's always a way to mount a defense. but why a prosecutor isn't saying, you know, we're going to make it very clear that we're coming and we're coming hard. we can't predict the outcome, but we're going to do our job. >> can you tell me a matter of the law, that people have asked me and without having your legal training i have not had the answer for. how would it be possible that four police officers fall short of the standard required to serve on the police department of minneapolis, yet would not immediately qualify for arrest and charges given the kaleidoscopic coverage of video and audio that we have of this action. >> i wish i had an answer for you, brian, that i thought was satisfactory, and i don't. what i will say is it's certainly true that in general prosecutors try to be careful, try to ensure they all the evidence and information before they make a decision. i think the problem here is -- and i served, as you know, as chair of the civilian complaint review board, and i have to tell you this is the kind of video that made us cringe and that you would hope that the police department, as we saw, did the unusual step for police departments of saying you're gone, you're fired immediately and actually calling in for federal investigation. so, the idea though that there's not enough here is quite challenging. and i think the other thing that we're hearing from communities and that we have to understand is most of us don't get the benefit of that. we're just arrested. the answer becomes why aren't these police officers, when we have ten minutes of video of a man who is handcuffed, not his hands loose, surrounded by police officers not -- there's no indication in this video that he is fighting the officers, and he is begging, begging, for his life and that we hear bystanders standing around and quite reasonably and respectfully raising very serious concerns about whether or not he is able to breathe, what that tells any lawyer is i have video evidence that average rational people looked on this scene and saw a man in serious trouble, medical trouble. that tells you that the police should have seen it too, and i don't see any evidence on this video tape that there is a reason why they needed to do exactly what the training would have suggested they not do. once someone is subdued, the idea that you have a knee for a prolonged period on someone's windpipe, their ability to breathe, exactly the kind of thing officers are trained on in their training, and you can't defend yourself if you have violated your training. and you cannot defend yourself if the person you have arrested is under your control. if you don't have a danger to yourself or to the public. i can't show you in this video where there is any indication of that defense. >> there's also a dichbs between a violent and non-violent crime. and the various ways to arrest and detain someone depending on what it is you suspect they have done in most civilized societies. maya, i found it interesting that somebody at that press conference today, perhaps it was the hennepin county attorney, invoked freddy gray as a kind of glancing example of perhaps prosecutorial overreach. it was invoked at least to say let's be cautious here and not move too fast because we know what can happen. >> i heard that as well. i think this is the point i was trying to make more clearly, that certainly prosecutors try to be careful and collect all the evidence. there's always a defense. and prosecutors want to know and understand what that defense might be before they make the decision whether to bring charges. i think the thing here is prosecutors also make decisions about whether or not it's really important to vindicate the public trust, the sense of accountability, the fact that even if you don't know if you're going to win the trial you feel absolutely committed that it's important that you bring the case. and prosecutors make those decisions all the time too where you say this one matters. i might lose it. i don't know. but this matters. and unless there is accountability for police officers who violate their training, who show a disregard for the safety of residents when they are doing their jobs, when they are supposed to be following the law, when they are supposed to be following their training, when they are supposed to be protecting the constitutional rights of every resident, then -- then -- we must have some accountability that says when you cross that line, you too must pay. you too must see a judge. you too must have to confront your accusers. and in this case, it's the people. and that's really what protesters are asking for. you know, brian, unfortunately we've seen that all of the arrests of police officers, a very small percentage, sometimes as low as 30%, are ever charged. and then we see an even smaller percentage of that are convicted. and that is a frustration. but it is equally frustrating to not feel that the part of the criminal justice system is going to fly into action when it's very hard to see why it isn't. >> we had a number of questions as you can tell to put before a lawyer tonight. we are so fortunate to have a lawyer the quality of maya wiley as part of our coverage. maya, my friend, thank you very much for being part of it. i understand back in minneapolis, correspondent morgan chesky is down the road a little bit from tonight's activity to what was the location of last night's story, the target store where i see a fresh fire burning, morgan. >> reporter: yeah, brian. you're exactly right. and we have a crowd running towards us right now. i'm going to step out of the way here. we don't know what they're running from now, but i can tell you that we wanted to -- us and the police precinct so we started walking two to three blocks down the road and that's when i saw that glow, that flame that's popping up all over this part of the city tonight, brian. and when we walk to the rear of the building we saw -- you can hear that popping now. the fireworks are going off. someone has set fire to two tractor-trailers that were directly behind this target store that has really been continually looted throughout the day. just a few minutes ago as we were walking the this way i witnessed a group of people run out and one man ride out of the building on a motorcycle. so, that's kind of the scene that's playing out right now. i will say that in the past 15 minutes we have seen. so crowd start to disperse. more than anything at this point in time, people are just -- if they are showing up, they want to see what's happening here. it's a very unfortunate sight to behold. but -- if they want to do -- if they do want to come, brian, this fire certainly a fresh one. as i look toward where ali is located, i can still see the glow from where that liquor store continues to burn. amidst all this tonight i have yet to see a police officer in uniform, a police cruiser of any kind, a member of the national guard and it's been that way for at least the past hour, hour and a half or so. i keep waiting to see some sort of perimeter being set up and that may just not be the case tonight, brian. >> morgan, an observation more than anything else and then i'll let you go reposition. that is that often in protests we see peoples' faces covered and often where gas has been deployed we see people wearing masks. how often do you remind yourself over the course of your coverage, oh yeah, we're also in the midst of a pandemic? >> i'm going to be honest with you, in the midst of all of this i think that question has been the first time in the past hour or so that, you know, that reality has really sunk in. so much for social distancing on a night like this with people running from police earlier in the day and now people just congregating simply watching minneapolis burn. >> no justice, no peace! >> one building after another, brian. >> all right. morgan chesky. thank you. stay safe. watch your back. we are happy to have with us ben jealous, former chairman of the naacp and frequent on air guest of ours. can you join me in starting with a very important point i tried to make at the start of our coverage. it would be unfair and inaccurate if people came away from the coverage thinking this is a black crowd, these are black protesters. as i tried to point out, minneapolis is a very diverse city in a state 7% african-american by the last census. and more than that, and importantly, this crowd is incredibly diverse. what they have in common is anger over the death of george floyd. >> you know, that's exactly right. i was just there a few weeks ago to bring an app called citizen to the city that we think frankly helps to discourage police brutality when it's used. it frankly helps keep all of us safer from the bad guys, even bad cops. and when you walk through the city, it's incredibly diverse, it's incredibly beautiful. let's be clear, the fight against police brutality has been a multiracial fight from the very beginning of this country. we can go all the way back to the boston massacre. paul revere painted al chris pus the first person killed, an abolitionist, about half a century later painted him back in. but the first person killed in the boston massacre was a young black man killed amidst a crowd of protesters that were mostly white. and so in our country, the opposition to police brutality runs deep amongst all of us. and when you're in that city, and i spent a lot of time there when i was president of the naacp. it really -- the racial inequity smacks you right in the face. the depth of the recession, there were two states in the country where black unemployment was three times white no matter what education you have whether you have a phd or no high school degree. that was mississippi and minnesota. while minnesota is nice, it's also like mississippi with snow. and what we have to understand is that every time you see a situation like this -- >> this is david curry is new york. the mayor of minneapolis, jacob frey delivering remarks after a third night of unrest in minneapolis/st. paul. let's listen in. >> it became clear that there were imminent threats to both officers and public and the danger was -- the danger became necessary, and i made the decision to evacuate the third precinct. the symbolism of a building cannot outweigh the importance of life of our officers or the public. we could not risk serious injury to anyone. and we will continue to patrol the third precinct entirely. we will continue to do our jobs in that area. and, you know, brick and mortar is not as important as life. happy to answer any questions on this topic. >> talk to me briefly about where's the governor? where's the mayor? where's the attorney general? where's the local member of congress? should they be more visible or, in plain english, is this energy that needs to be expended as we sit here and not only mourn the loss of george floyd. this is somebody's livelihood in flames, right next door to somebody else's livelihood in flames, and so on and so on. >> you know, if i was the governor, if i was the mayor, i would be listening to the attorney general, keith ellison, and i would be listening to his successor in congress, ms. omar. and i would be listening to the leadership of the local naacp. that town is the home of roy wilkins, one of the early and great presidents of the naacp. and quite frankly those are the folks i would be listening too. those are the folks that understand in their gut that as maya said -- and i've got to thank her. she trained me when i was 18 years old. as maya said, there is only one solution here, and it is justice. justice is our first civil right. it's the first purpose of the u.s. constitution, and justice has been denied in minnesota in mind-boggling ways in recent years. i mean this is like the third of three big strikes. you have philando castile. you have the young white woman who was killed by a black officer. now you have this black man with his, you know, being choked to death by an officer's knee despite the fact that he's handcuffed. there's nobody in this city who should feel safe. there's nobody. and the only way to make them feel safe is to be clear that justice will be sought and justice will prevail. >> ben jealous, first of all, this is not an endorsement. i do have the citizen app on my phone, and i use it, so thank you for that. secondly, thank you for reminding our evidence that our mutual friend maya has the dna of the struggle in her veins and in her family history. so we'll go down as being mutual admiration society for that. a quick recap here. during some of our segments, i've been trying to listen with one ear to minneapolis fire frequency and have heard nothing that would indicate a push, the impossible push to listen to ali velshi's coverage, which has been spot-on, to get in here to save any of these structures or, dare i say, a city block or two because the fear is that once the fire gets a run on those family-owned businesses behind where ali velshi's camera position was, we could endanger a great deal of real estate and, god forbid, residential property. so we're looking for that, but the situation in minneapolis, as you've seen play out live tonight, we hope that morgan chesky's last report about the crowd starting to disperse, starting to thin, is accurate. a whole lot of civic officials, state, city, local, probably have a whole lot of explaining to do, and we'll leave this to the taxpayers of minneapolis and the people who are displaying their grieving for george floyd as to why they have ceded this ground, because i think it's correct to point out what we did earlier. the city of minneapolis no longer controls this area of real estate we've watched burn tonight. the people do, and you have to assume that was a civic decision on their part. i am happy to turn over our live coverage, which will continue into the night, to my friend chris jansing, who is standing by. chris? brian, thank you so much. good evening. i am chris jansing, and tonight the eyes of america are on minnesota. we've been looking at live pictures of the protest going on right now in minneapolis. parts of the city, as we have been seeing, are still on fire. there you see the smoke and the flames in the background. one of the places burning, one of the precincts of the minneapolis police department. this is the third night of protests in minneapolis. it is a city that has been reeling from the death on monday of an unarmed 46-year-old african-american man, george floyd, who died in police custody. george floyd was seen on tape repeatedly pleading that he could not breathe as an officer pinned him to the ground with his knee jammed into george floyd's neck. of course no charges have been filed yet, and it was earlier today at a news conference this afternoon when we heard from federal and state prosecutors. a lot of people in that city hoping for word that there would be charges leveled against those officers, but prosecutors brought no new details about the case. last hour, the minnesota national guard said it had activated more than 500 soldiers to minneapolis, to its sister city st. paul, and surrounding communities to, quote, protect life, preserve property, and the right to peacefully demonstrate. here's a small sample of those demonstrations from just a short time ago. [ crowd chanting "what's his name, george floyd ] >> well, tonight nbc news has obtained new video showing another angle of george floyd being restrained by police. we're going to show you that video. it lasts about 18 seconds, and on it we see more officers crouching down around george floyd as he continues to say "i can't breathe." but we do want to warn you this footage is disturbing. here's that video. >> i can't breathe, man. please. please, man. i can't breathe. >> ali velshi was live on the scene as the unrest escalated tonight. he joins us again live from near the third police precinct. ali, tell us a little about what you're seeing and hearing right now. >> reporter: let me give you a bit of a picture of what's going on. we've got a city block here that is burning. it's on fire. there are two places completely engulfed and then a couple of others. but across the road, that's the police station. that's the third precinct police station where the four police officers who were involved in the death of george floyd were based. they set something on fire in the back. we weren't quite sure what precipitated that because they had broken the barriers to the building probably within the hour prior to that. so we weren't quite sure what precipitated it, but the bottom line is the protesters are now in control of that building. they've set it on fire. they are inside the building. the police are gone from there. now, we have not seen any activity or any police there. there was a lot of police activity last night on this block, but the police had largely left and put barricades around the third precinct. what ended up happening is there were some police after they broke the barricades this evening, there were some police who went onto the roof of that building and fired tear gas canisters and noise guns, flash bangs, lights that make a lot of noise and disperse the crowd. the crowd then continually tried to move around. a fire was set over there. there was a fire burning over there, and then they set fire to this building, the police station. the police are now gone. we have heard that the national guard is active in minneapolis, but there are no police here. there are no national guard. there are no firefighters. a little earlier a block over there, there was a fire, and the fire department did show up. but as morgan chesky reports, they were not able to get to the fire until the crowd dispersed, and at that point the building was largely destroyed. there's no authority here, no police, no fire, no national guard at all, and frankly i think that's a strategic position because this crowd is worked up. they are full of grievance about george floyd. you constantly hear the chants "say his name," "i can't breathe," his name, george floyd, and this is a much more dynamic situation than it was three hours ago. >> do you have a sense -- and i understand that it's dark, and i understand it's spread out and i understand people are in different parts of that neighborhood, but how is the crowd? has the crowd diminished significantly? what are you seeing both in terms of numbers and in terms of the mood there over just the last 20 minutes or so? >> reporter: so i will say this. there's a bunch of protests going on in different parts of the city, and people have culminated in this area. so the crowd has become a little bit larger in the last few hours, and it's angry. there is a lot of grievance in this crowd. it's visceral. every couple moments somebody will come around to me and ask me as you just heard somebody say, do black lives matter to you? are you telling people about the police? there was one video. then there was a second video of the arrested george floyd. now there's been a third video. the police were fired quickly, but no charges have been laid. the hennepin county attorney, the fbi is involved. people have called for charges to be laid, but this crowd is wondering what does it take? back before there was video, they could understand that. now they can't. people are calling it a lynching. so there's a lot of anger in this crowd, and i would say it's not dissipating. the crowd in certain parts is thinning out. the anger is not, chris. >> you know, there's a sense that something changed. obviously there was a lot of anticipation, a lot of people waiting to hear a press conference that was two hours late, and then when it finally happened, there was a lot of commentary about how they're going to be very specific. they want to be very careful, and yet nothing about a time line, when might a decision be made. i'm wondering what you're hearing from people in the crowd and what that moment meant, what that press conference meant today without drawing, you know, too many conclusions about what led to exactly what we saw tonight, which is these various places ablaze. >> it's important to note there were various protests around the city. one of them was -- hang on a second. we're just going to get out of the way. there's traffic coming down the street now. there were a number of protests today. one was at the hennepin county building, and that was sort of a more organized peaceful protest. people took their knee. there was another one at city hall. it was very heavily occupied. so we're just on the move, chris, because there's stuff going on here. this one was about the police. this wasn't about -- this isn't about the attorney general and about politicians. this one is about the fact that four police were there when george floyd died, and these people want justice. they've taken the police station. that's symbolic. there were no police in it. ultimately the police left. there were five or six police. we don't know how many. and they left. but symbolically, this crowd is angry at the police, and what they are looking for is justice as it relates to the police. chris, we're going to just reposition. i'm going to come back to you in a few minutes, all right? >> all right. thank you so much. you take care out there, you and your crew. we thank you for that, ali velshi. joining us on the phone is andrea jenkins who is vice president of the minneapolis city council. we appreciate you taking the time to talk to us, and i just have to ask you as you watch the night unfold, as you see these pictures, as you see parts of your beloved city on fire, what goes through your mind? >> i'm -- i'm really heartbroken, chris. you know, i think it's really interesting that right across the street from where ali is standing, there's a restaurant called nuevo rodeo. george floyd worked at that restaurant. so did officer chauvin. they were both bouncers at that restaurant for 17 years. so officer chauvin, he knew george. they were co-workers for a very long time. the question that i think you asked ali about, the press conference earlier, the fbi and the bca and the county attorney's office, i will say i believe that that absolutely played a role in the unrest that we are seeing tonight. it really -- it seemed as if none of these three agencies that are doing the investigation have really seen all the -- have seen the same things that we have been watching. in fact, they say they need more evidence. they're asking for witnesses. i was flabbergasted by that press conference or non-press conference because they really didn't say anything. they didn't -- they didn't say when we're going to hear about a decision, what the process is going to be. how long does it take to get the medical autopsy report back? nothing. so i think it played a very significant role in this heartbreaking scene that is playing on your air right now. >> the thing that everyone at that press conference reiterated is that they wanted to take this slowly. they wanted to make sure that they had a case. the hennepin county attorney said that the video is graphic, it's horrific, it's terrible. but he said his job in the end is to prove that a criminal statute was violated. what should have been done in your mind at that press conference today? >> i believe that they should have announced that we need to bring these individuals into custody while we investigate and build our case. you know, i think there's a certain amount of time before you need to have charges, and i don't know of any other case where you witness murder, and then you say, oh, i got to wait to find more evidence to arrest somebody. that doesn't happen, chris. this is -- it doesn't -- that's what i thought should have happened at that press conference. maybe they couldn't charge. maybe they feel like they don't have enough evidence to charge, but certainly there's enough evidence to arrest and detain. and they are no longer police officers. we did our job. we fired those officers for wrongdoing, for committing a criminal act. and so now all these other agencies, they can't do their jobs? >> understanding the reaction, just the basic human reaction that anybody would have seeing these videos, the new video that came out tonight that we saw multiple police officers kneeling either on or by what would be the body of george floyd completely understand that reaction. i'm also struck by his girlfriend of the past three years, who said that waking up to see his city on fire would devastate him. he loved it here. he came from texas. he stayed because he liked the people. he had opportunities. she called him, as many people have, a gentle giant. she said he was about love. he was about peace. how do you sort of square that with what you're seeing tonight, again, understanding the frustration not just of what happened to him but what has happened so many times over and over and over again to black men in america? >> to black men and women. let's be real clear. >> yes. >> we absolutely see many, many unarmed black men murdered in all sorts of situations by the state. and i am completely devastated by it. you know, i didn't know george floyd, but i've seen him around the city, and i've interacted with him. he was a very kind -- very seemingly kind man, and i'm sure he would be devastated by this because everybody should be devastated by watching this. this is not the kind of reaction that is going to elicit the goals that we want to talk about, and that is equity. that is equality for everybody. that is fairness and justice and equal access to all of the things that makes life livable in this country. and this takes us five steps backwards. so we're going to pursue justice for george and bring this back to where it belongs, where is about george floyd and the utter lack of respect for human life that was displayed by those former minneapolis police officers. >> we have just learned, andrea, that the city of minneapolis is warning protesters there to evacuate the area because of the explosive material in the area, and there are some reports gas lines may have reportedly been cut. we have ali velshi and morgan chesky on the ground. they're moving to safer ground. what is your message to protesters right now? >> please go home right now. we are -- the only reason why we have not intervened in this, we're trying to preserve human life, and they are endangering human life. they're endangering their own lives, and we are in the middle of a pandemic. and so not only are they endangering the people that live in this area. they're also endangering their family members when they go back home because i can guarantee you based on the fact that coronavirus is on every inch of the entire planet, you don't think it's out there with those people? >> how worried are you for your city right now? >> i'm extremely worried. i just texted both my senators. i asked them to please intervene with mike freeman and bring these officers to justice. i'm deeply concerned about my city right now. >> andrea jenkins, vice president of the minneapolis city council, thank you so much. we do appreciate the time tonight. i want to bring in now marx claxton, retired new york city police detective, as well as jim cavanaugh, former atf special agent in charge and an msnbc contributor. mark, let me start with you and just get your take on the fact that now they're asking people to get out of there. they believe that there is potentially explosive -- literally explosive situation as well as figuratively explosive situation. but our correspondents on the ground for a couple of hours have seen no sign of national guard, seen no sign of police. your assessment of what you're seeing right now. >> well, i think it's obvious just based on the video that's being transmitted from the location that the level of the threat of danger to human life has increased exponentially in the past several hours, and that is, you know, the whole tone and tenor of demonstrations in general are changed when darkness sets in. and then you add into it the visceral reaction of those individuals who perhaps want to come out and merely voice their protest. you mix that in with individuals who have alternate agendas perhaps, who are there. some people are professional provocateurs. some people are amateur provocateurs. you have a mix of anarchists, et cetera. i was on the phone not too long ago with a couple of my associates who are on the ground at the location there. and what they told me is that they have been at several demonstrations related to police abuse, to police killings of unarmed individuals in the past. they told me -- and these are experienced advocates. they told me that the whole tone and tenor on the ground there is something like they've never experienced. so it is really a scary time, and the video really supports that. and it seems as if the government has decided to make some additional steps, which could be bringing in some additional police and law enforcement resources, which may agitate or aggravate the situation further. >> marq, did they elaborate on that? in what way was the tone and tenor different than anything they had experienced before? >> one of my associates indicated that there was clearly a larger group of individuals who they believe -- who she believed were anarchists, who were pretty much spurring on a lot of the activity there. they were much more physical and much more involved in engaging or trying to engage with law enforcement there on the scene. she also indicated that there wasn't a large law enforcement presence on the scene, but there is a lot of activity. there is a lot of individuals there who appear to be really more provocateurs than anything else. like i said, once it gets dark and you have this mix of protesters, individuals who are perhaps anarchists, you have these professional or amateur provocateurs involved, really the danger level is increasingly high, and individuals who are still there, who remain there -- that includes even this msnbc correspondent ali velshi -- really have to take precautions now because it really is escalating and getting to a point that, you know, it's really a threat to human life there. >> do you agree with what appears to be a deliberate decision in minneapolis to either have no police presence or at least minimal police presence, so little that we have not been able -- our folks on the ground have not been able to see it? >> well, i trust that the law enforcement professionals there on the ground are making some sound tactical decisions just based on the available manpower and their positioning. you don't want -- they're already having the police facility has been compromised, and there are fires of course. you have to make professionals are down there to maintain order, and manpower is strategically moved according to the circumstances. things are happening and changing rapidly there. you can see it. since it got dark, it's a totally different vibe, a totally different tenor, and there is an increased level of danger. so the police have to move based on the manpower they have and the tactical situation that will be better for them. >> jim cavanaugh, as we have seen this escalation throughout the course of the evening after darkness fell, as marq claxton pointed out, which is often kind of a trigger for things, what should be happening now? what would you anticipate is happening now in terms of law enforcement? >> well, they're going to have to make some strategic moves here, chris, because, you know, fires like these -- and i've investigated many fires and arsons and bombings and large ones like this. you know, they can get into a firestorm where they throw embers, you know, blocks away, miles away, and you can get structures start to burn from external heat. i'm sure the fire chief and the battalion chiefs in minneapolis are watching all this from the air, and they're making those strategic decisions. they're seeing which buildings can burn out and they don't have to go to, but other parts they do have to go to. they have been fighting some of those fires. i saw it on the feed. i've been watching it all night. most of the demonstrators, you know, peaceful signs, yelling, worked up, but there's a few very strategic arsonists here. and just to build on what marq said, and i agree with what he said. early on, i saw the strategic arson. they lit fires on each side of that police precinct. they were trying to get that police precinct to burn. eventually they did. that was very strategic. so with arsonists, it doesn't take very many to really wreak havoc in a city. so the police department is going to have to get a handle on that, and it's not going to be able to lay back. they laid back tonight, hoping for a peaceful assembly and maybe some minor incidents. but now they're starting to get multiple arson, and you can't let that happen every night in the city, or you won't have a city, and you will have, you know, death and injury. so they're going to have to, you know, change their tactics. they're going to have to use restraint. they're going to have to do it correctly. they don't need to be too strong and too much militarization, but you have to have the police. they can't allow, you know, people to burn down the city. i think there's a small group of anarchists that are leading this activity. look at the destruction in causes. chris, i think you're 1,000% right on that conference today. i've handled many press conferences over my 36 years. i've been in many. there was no news in that press conference at all. there shouldn't have been a press conference. you know, that officer who was on the neck of mr. floyd, he should have been arrested. she have already been arrested. that's caused a lot of angst there. i think the county attorney is being very careful. but, look, maybe he's waiting on an autopsy report, a toxicology report. maybe he wants the specific cause of death. we can all understand that as investigators. but even that, this is a first-degree assault or an aggravated assault, and those penalties carry up to 20 years. and that, you can see on the video, and you could arrest him for the first-degree assault that's intended to cause great bodily harm and injury that's intended or could cause death to his neck. he could have been charged with that, and the prosecutors could have told the judge, we're awaiting the toxicology because we think if it's the cause of death, we're going to up this to a homicide charge. just be plainspoken, take it right in. you can't not act on these things. it's justice delayed, and that's justice denied. >> i think we saw, marq, and you obviously agree with jim cavanaugh that you have this probably small handful of people who are arsonists, who are anarchists, who may be instigators, whatever term you want to use, but who are inciting potentially a lot of this. but you did see that moment, and ali velshi reported it so well earlier, when the third precinct actually caught fire. he said the mood there changed, and they started shouting "what's his name, george floyd." there is a symbolic importance to that one moment that is a lot of a pent-up feeling that even goes beyond what we've seen just since monday, marq. >> yeah, and i know it was quoted earlier, and there's this famous martin luther king jr. quote about the riot being the language of the unheard. and the chants are basically individuals there demanding to be heard on some level. listen, let's be prank and honest, and jim touched on this. the press conference that really shouldn't have been a press conference because it was about nothing. it was like a seinfeld episode. it was a press conference about nothing. it really did nothing but aggravate or incite a little bit more than it should have. and people are aware of it, and they feel very strongly that they're not being heard, that their demands are not being respected. that what they expect and demand from professional law enforcement is being ignored. so if you don't hear me then, can you hear me now is what some of the protesters are involved and what they're trying to communicate. so we ought to be paying attention, and the idea behind the initial protest is to gain attention, to gain some focus, to force the world to listen to the cries of a community that feels they're under siege, who feel that black men and women are threatened by law enforcement on a daily basis unnecessarily. too many deaths. they want everyone to hear them. they're demanding to be heard, and unfortunately oftentimes this destruction of property, these injuries, these type of things draw their attention. it's negative attention, but it's attention nonetheless. so until they fear there is a move towards justice, they're going to continue to have these circumstances and get exponentially worse 37. >> thank you, both, gentlemen, for your thoughts as both of you understand what is going on and particularly, marq, for your sources on the ground. we do appreciate it. good morning, everybody. it is friday, may 29th. i'm yasmin vossoughian. a lot of developments over the last 24 hours or so. we want to begin with that breaking news from minneapolis. violent protests raging for a second straight night following the death of george floyd after being arrested by a minneapolis police officer. last night, protesters turned their attention to the city's third police precinct, the base of the four officers who were fired in connection with floyd's death. a police spokesman says officers evacuated the building shortly after 10:00 p.m. local time after officers
>> well, it is anybody's guess because we are here in the senate but know they are going to be convening, the chaplin saying the prayer right now, they are coming into session, gaveling in. in an hour the republican conference is going to be meeting, so senate majority leader mitch mcconnell will meet with his caucus, his party and talk about a way forward, talk about a plan to try to get this done. but here's the bottom line i should tell you, even if they are able to do a procedural vote that allows them to move on to one of the bills that didn't pass last week like the usa freedom act, the bill that passed the house with an overwhelming bipartisan support, even if they are able to get on that bill today, we don't necessarily expect a final vote on that today. it is more than likely that these provisions are going to expire tonight. what's unclear is how quickly the senate will be able to come together on something over the next couple of days. all right, athena jones, thanks very much. we continue to look at these live pictures from capitol hill. tell, the nsa and other security agencies say our nation's security could be put at risk if the senate doesn't act quickly. we just got this statement from house speaker john boehner saying "anyone who is satisfied with letting this critical intelligence capability go dark isn't taking the terrorist threat seriously. i'd urge the senate to pass the bipartisan usa freedom act and do so expeditiously." justice correspondent pamela brown, joining me now live from washington. pamela is there some hype per bolly here in what the government is saying? aren't there other ways for the government to accomplish these same goal s?s? . there are tools they use, surveillance fisa for monitoring e-mails, house searches that kind of thing, what i'm told talking to counterterrorism officials, randi, three provisions specialized tools, we are in a time right now the threat is higher than ever the terrorism threat. officials are saying why take away these tools that could help stop terrorist attacks in the future and that have helped? we heard john brennan, the cia director say today on cbs that these tools, these provisions have helped. now, it's tough to say that either any one of them will handily stop terrorist attacks because officials take a comprehensive approach and use a lot of different tools to stop terrorist attacks but brennan saying yes, these tools have helped. we are in a time of high threat. so why taking any away? who is comfortable with taking these tools away during this time randy? >> pamela what would be the net impact if those three components of the act expired? i'm talking, of course about the bulk data, the phone bulk data collection the wire taps and lone wolf tracking? what if they are not renewed by the senate? >> what i'm told by officials, these tools are critical there is a concern if they go away this could contribute to as will of coverage of potential terrorist -- terrorists. i'm told counterterrorism efforts in the u.s. will still proceed. like i mentioned before, a number of important tools that will be available to officials but that this could contribute to as will of coverage and that is what i think they are most concerned about, randi, is that there will be gaps now for officials to monitor certain people and therefore, that could contribute to a problem down the road. as one official i spoke to said it's difficult to quantify potential problems in the future, we don't know what the few. thurl threat landscape is going to look like i think that's big reason why they want to have these tools readily available. randi? >> let me ask you specifically about the lone wolf provision, which lets the government track a potential terrorist unaffiliated with a terror group. that reportedly has never been used. so why is it so important? why keep it? >> i asked that question to a counterterrorism official just recently. what i'm told is look like i was saying we don't know what the threat landscape is going to look like a year from now, two years from now. so why take a tool away that isn't hurting anyone? that's what this official said i spoke to why take something away we don't know what the future holds? i think that is the key point the counterterrorism officials, fbi trying to get out there, even though we have never used this lone wolf provision, why take it away now? >> all right, pamela brown, thanks so much appreciate it. and joining me now is cedric leighton the former deputy director of training for the nsa and a former member of the joint chiefs of staff. cedric good to see you. so, what happens exactly, now that the nsa is starting the process of shutting down the data collection program, happened about just six minutes ago that began? >> right, randi. so what's going to happen here is each one of the collection efforts that are ongoing right now and particularly those that deal with lone wolves and also the idea of in essence following a person instead of their mobile device or their telephone calls, that is going to be adversely affected more than anything else that we are dealing with right now. so when that happens, what you're going to see is in a basic shutdown of those collection effort, doesn't mean they are going to stop collection as you correctly pointed out, but what will happen is those investigative leads that you get in each of these areas, they are going to be either stopped or hurt because those critical pieces of information are going to disappear, at least for the period in which we don't have anything governing this kind of collection effort. >> how much does this concern you? i mean does this put the country at risk? >> well, most certainly, because everybody is moving toward an online presence. the virtual worlds and the physical worlds are, in essence, becoming one in the same, so when you track criminals or terrorists, you also have to track their device and them using their devices. in order to do that effectively, you have got to in essence, follow the person just as much as you follow the device. and that's really where the significant difference is. as pamela brown pointed out in her report as we move to the future of everything being connected, whether a smartphone or a tablet or even you know more physical things all being connected to the internet it's going to be really essential that law enforcement understand you know what these people are up to and the one way to go that is to somehow connect to each of their systems, each of the things they are using, so you can follow what they are doing. you don't want to do that for everybody, because that would be not only highly ineffective but also incredibly intrusive, but for those who are targets of surveillance and who are potentially bad actors as we call them that becomes a critical critical issue and so i am quite concerned that we are, in essence, throwing everything out before we are really picking the pieces that we need in order to conduct effective electronic surveillance in this age. >> and let me ask you what your reaction is to this claim by the white house. an official there saying that not extending the patriot act is like playing russian roulette with national security. do you believe that? would you go that far? >> i think it's partly true. i think that you know one of the things that you have to look at is you never know where that next piece of information is coming from and when you're in a situation like this, you may get a piece from this kind of surveillance. you may not. or you may get corroborating evidence and sometimes, the corroborating evidence is as important as the actual collection that you're doing or the actual surveillance in a physical sense that you may be conducting. so it is in essence, playing a degree of russian roulette maybe not quite as dramatic as the white house would have us believe, but it is still very important, very critical and something that law enforcement professionals and intelligence agents don't want to do away with especially this juncture. >> nine minutes since the system started shutting down. how fast can these systems be restarted if congress does extend the patriot act? >> probably takes around four or five hours before the systems come back online and then there are other things that have to happen in order to make that work but, you know, conservative estimate is at least four or five hours, some people say even longer than that but basically my experience lead mess to say it is about four or five hours before this can be brought back online unless there's something else that you know is caused by -- a delay caused by another technical glitch or something like that always a risk of that. >> and four to five hours is that a reasonable amount of time do you think, for a terrorist or wannabe terrorist to take action? is that a concerning amount of time in your opinion? >> absolutely. absolutely randi. it is a concerning amount of time because if these people are, you know somewhat -- even somewhat effective, they will have already laid their plans. they will already have decided what their targets are. and they can act very quickly. within that four or five-hour time period they can cause a considerable amount of damage if they chose to do so. >> so what will you be listening for on the senate floor? what do you hope to hear? >> what i hope to hear is some degree of compcompromise? >> the patriot act in my view will not pass the senate what we have seen the past few weeks. but i believe at least the provisions that allow for the following of a person through multiple devices, i think those -- that provision is very important. i also think the lone wolf provision is extremely important because people are going to act just basically like they do in the physical world, in the virtual world as well. and so we need at least that tool in order to follow them should they be you know planning something bad. and to have that opportunity to take a look at their traffic, in essence, their data. so i would say that these are the situations that we could be up against and i think that in this particular case we have to be very prepared. we have to make sure that our law enforcement and intelligence agencies are looking at every other possible means to see if there's anything going on and if there's any chatter, as they call it in the terrorist ranks among known lone wolves to make sure that they can capture that before systems went down and hopefully, this dough did that before 4 p.m. today >> certainly, a heightened sense of awareness, no question. cedric leighton thank you so much for your insight. appreciate it >> you bet, randi. absolutely. and we will be right back with much more coverage of the patriot act showdown. ♪virgin islands nice♪ ♪so nice♪ ♪so nice, so nice♪ book five nights to get one free. and $500 toward activities shopping and dining. that's virgin islands nice. ♪so nice, so nice♪ i'm caridee. i've had moderate to severe plaque psoriasis most of my life. but that hasn't stopped me from modeling. my doctor told me about stelara® it helps keep my skin clearer. with only 4 doses a year after 2 starter doses... ...stelara® helps me be in season. stelara® may lower your ability to fight infections and increase your risk of infections. some serious infections require hospitalization. before starting stelara® your doctor should test for tuberculosis. stelara® may increase your risk of cancer. always tell your doctor if you have any sign of infection have had cancer, or if you develop any new skin growths. do not take stelara® if you are allergic to stelara® or any of its ingredients. alert your doctor of new or worsening problems including headaches, seizures, confusion and vision problems. these may be signs of a rare potentially fatal brain condition. serious allergic reactions can occur. tell your doctor if you or anyone in your house needs or has recently received a vaccine. in a medical study most stelara® patients saw at least 75% clearer skin and the majority were rated as cleared or minimal at 12 weeks. stelara® helps keep my skin clearer. ask your doctor about stelara®. you are looking live now at the senate floor, where debate is resuming on the deadline for the patriot act. senators began by offering their condolences to the biden family. the president visited the biden home earlier today to offer his sympathies as well. the vice president remembered his son, beau "as the finest man many of us have ever known." the 46-year-old passed away yesterday following a battle with brain cancer. joe johns looks back now at the life of beau biden. >> good evening. i'm about eau bind andbeau biden and joe is my dad. >> reporter: born in wilmington in 1969, his childhood was marred by a tragic car accident. >> my mom took us to go buy a christmas tree. on the way home we were in an automobile accident. my mom and my sister were killed. my brother, hunter and i, were seriously injured and hospitalized for weeks. i was just short of 4 years old. one of my earliest memories was being in that hospital. my dad always at our side. >> reporter: biden and his father would remain close, even as the elder biden became vice president. >> i went out saturday night with my family to a parent/teacher thing saturday night and my mom and dad baby sat. they baby sat the weekend before. >> reporter: as delaware's a g beaued by.put a special focus on prosecuting crimes against children and took his talent for the law into the military serving for a year in iraq as part of the judge advocate general corps. >> today, i come as you prepare to deploy as a father a father who got some sage advice from his son this morning. dad, keep it short, we're in formation. >> reporter: biden had announced his intention to run for governor in delaware in 200616 but had recurring health troubles suffering a mild stroke in 2010 and admitted to a cancer hospital for a brain lesion. >> biden was evaluated at a hospital. this is after what is being called an episode of disorientation and weakness. >> reporter: bind 46 leaves a wife and two children. wife and two children. making sure you pay the right price for a new car just got a whole lot easier. introducing the kelley blue book price advisor. the powerful tool that shows you what should pay. it gives you a fair purchase price that's based on what others recently for the same car and kelley blue book's trusted pricing expertise. it all adds up to the confidence that you'll get a great deal. that's just another way kbb.com helps you make a smart new car decision. female announcer: sleep train challenged its manufacturers to offer even lower prices. but the mattress price wars ends sunday. now it's posturepedic vs. beautyrest with big savings of up to $400 off. serta icomfort and tempur-pedic go head-to-head with three years interest-free financing. plus, free same day delivery set-up and removal of your old set. when brands compete, you save! mattress price wars ends sunday at sleep train. ♪ your ticket to a better night's sleep ♪ take a look her, a live look at the senate floor, lawmakers have begun debating key provision of the patriot act. vermont senator patrick leahy there speaking now. we will monitor throughout the afternoon and bring you any updates as they warrant. four americans have been taken prisoner by how the think rebels in yemen. that is cited by u.s. officials. the u.s. is working feverishly on the case. >> trying to get these americans out because the hout thinks are now in power in yemen and they are looking for intermediaries to make contact with them. >> the "washington post" also says none of the four americans are government employees. the state department says it is aware of the reports and is working to get the prisoners released. officials say that due to privacy concerns they can can't release any specific information about the americans but added that the protection of american citizens abroad is a top priority. the rebels reportedly had planned to let one of the americans go but have since reversed that decision. meanwhile, another american sharif mobley seen right there, is also in hout think custody, held for more than five years on terrorism charges brought by the previous government. i want to bring you up to date on this developing story. secretary of state john kerry was flown to a geneva switzerland, hospital earlier today after the he was injured in an accident while biking in the french alps. doctors say kerry has broken his leg and will be taken on a medical transport flight back to boston this evening for further treatment. kerry, as you may know is an avid cyclist and often takes his bike with him when he is traveling. cnn's nic robertson is in geneva and he is tracking the story for us. >> reporter: secretary kerry sustained this injury we were told he was negotiating a curve, on his bicycle 30 miles outside of geneva early sunday morning. he was in france. he was taken by medical helicopter to this hospital in geneva geneva geneva. back in switzerland, the university hospital of geneva has been treated by doctors throughout the afternoon. the fracture that was detected in his femur is close to a previous operation where we had hip replacement surgery his right femur and secretary kerry decide it had would be better to go back to boston to be treated by his doctor there who did that hip replacement surgery. but he has been in the hands of doctors here in geneva throughout the afternoon here and clearly the determination has been made that it is better for him to allow his staff to travel back on his own plane while he will wait a medically quipped aircraft that state department officials say has been made available to him. so, he is using that aircraft to fly become to boston. how will this impact the important iranian negotiations that are under way right now that have a deadline of the 30th of june? the reason secretary kerry was injured? secretary kerry has a lot of experts on his team but his own personal relationship with the iranian foreign minister that has been key and critical in talks up until now. so for a man of secretary kerry's age, of an injury of this type in the femur, recovery is often slow. secretary kerry has said that he will not be going to madrid obviously, not going to those important isis talks in paris on tuesday, but he does attend -- he does hope to attend them remotely is what the state department is saying. the iranian talks, that's another question. randi? >> nic robertson, thank you very much. as nic mentioned, is he can tarier can very a key figure in nuclear talks with iran. how could his injury possibly affect those talks? let me bring in aaron david miller, a vice president at the woodrow wilson center and a well-known middle east analyst who has advised several secretaries of state on international negotiations. he joins me now via skype from new york. let me ask you this, let me start with how important john kerry or any one person can be to talk at this level, to talks at this level. is he truly pivotal because he is close to his iranian counterpart? >> there's no question that in any negotiation, personality, particularly personalities that have bonded over time. and remember this process is now getting on to be two, even three years old. it is critically important. but in the end, it's interests that are going to drive the negotiations. i feel bad for secretary kerry, no pun intended this was clearly a bad break but isn't going to fundamentally affect the outcome of these talks. >> you also have said that a deal is coming because both the u.s. and iran want it but it will take longer than june 30th. will his broken leg, in this case actually turn out to be justification in some way to buy more time? >> i think that's one of the unintended consequences i think of his injury. the truth is the negotiators may need more time. and frankly from the perspective of washington it's not good to be in a position where you're perceived to be rushing or desperate to do a deal. so in effect if negotiations do last beyond june 30th and i suspect they will it will be clear to cite the secretary's absence and his injury, particularly if you need surgery as the prospects for justification for why the negotiators need more time. i don't want to minimize kerry's impact here but the reality is this deal is coming. no one thought secret negotiations with the owe mannys would work they did. nobody thought the interim agreement signed in november a year-plus ago would not only be conclude bud implemented. it was. so, we have been underestimating the willfulness of both the president of the united states and the iranians to see this deal happen. that's why no single individual is going to be critical to the success of these talks or to the prospective break down. >> obviously, the terms of the deal are key, but john kerry's personality, do you think, has some weight here? >> this's no question that that's the case and particularly in the end game where, in fact some measure of trust and confidence create negotiators is absolutely enmental. i remember jim bakker's relationships, however confrontational they were with prime minister it was critically important came down to defining the term of the end games on madrid madrid peace conference. personalities are important, important in relationships between nations but far more important is the real that if in fact both washington and tehran perceive this agreement gives them something they want and need there is going to be. aaron david miller thanks so much for weighing in. and we will be right back. ♪ color is a beautiful thing ♪ if you feel it, you can find it. all new color by behr. i have type 2 diabetes. i started with pills. and now i take a long-acting insulin at night. i take mine in the morning. i was trying to eat right, stay active. but i wasn't reaching my a1c goal anymore. man: my doctor says diabetes changes over time. it gets harder to control blood sugar spikes after i eat and get to goal. my doctor added novolog® at mealtime for additional control. now i know. novolog® is a fast-acting, injectable insulin and it works together with my long-acting insulin. proven effective. the mealtime insulin doctors prescribe most. available in flexpen®. vo: novolog® is used to control high blood sugar in adults and children with diabetes. take novolog® as directed. eat a meal within 5 to 10 minutes after injection. check your blood sugar levels. do not take novolog® if your blood sugar is too low or you're allergic to any of its ingredients. tell your doctor about all medical conditions and medicines you take. ask your doctor about alcohol use, operating machinery, or driving. the most common side effect is low blood sugar. symptoms may include dizziness, sweating, confusion, and headache. severe low blood sugar can be life-threatening. other common side effects include low potassium in your blood and injection site reactions. get medical help right away if you experience trouble with breathing serious allergic reactions like swelling of your face tongue, or throat, sweating, extreme drowsiness dizziness, or confusion. now i know about novolog®. taken by millions since 2001. vo: ask your health care provider about adding novolog®. it can help provide the additional control you may need. ♪ ♪virgin islands nice♪ ♪so nice♪ ♪so nice, so nice♪ book five nights to get one free. and $500 toward activities shopping and dining. that's virgin islands nice. ♪so nice, so nice♪ hello, everyone thanks for joining me i'm randi kaye in for fredricka whitfield. you are looking live now at the senate floor where lawmakers are holding a rare sunday session to try to decide just what to do about key parts of the patriot act, which, by the way, expires at midnight tonight. some senators want to keep the act as is while others like rand paul want it scabbed all together. the white house has said if no deal is reached, it has no plan b and national security could suffer. cnn's sun lynn serfaty joining me from the white house with more on the debate going on in washington. sun lynn what's the latest from there? >> the white house continues to say they believe the only viable option for the senate to do now is to take up and pass the house-passed compromise bill. according to administration officials, we are now at the point where some wheels are already turning and in motion toward parts of this nsa surveillance program being shut down. information phone companies and shutting down servers on their end. if the senate is able to pass this house-passed bill before 8 p.m. and it's signed into law by president obama by 8 p.m. tonight, it would be at the point they could reverse those changes, but it does not seem likely at this point the senate is going to be able to do that. president obama himself really got into the mix this weekend in his weekly address, really calling out a few senators for, in his words, standing in the way. >> we shouldn't surrender the tools that help keep us safe. it would be irresponsible. it would be reckless. we shouldn't allow it to happen. >> and that's just one of warning after warning that the white house has been giving lean leading up to this session, they call it dangerous interruptions in their ability to track terrorists the latest warning coming from cia director john brennan. >> do you think terrorist elements will take advance of this? >> think they have been paying attention to what happens in the united states. they are looking for the seams to operate within and this is something we can't afford to do right now because if you look at the horrific terrorist attacks and violence that's being perpetrated around the globe, we need to keep our country safe and our oceans are not keeping us safe the way they did a century ago. >> and the white house continues to say that there really is no plan b from their perspective, randi, really putting the onus on the senate. >> absolutely. sunlen serfaty. thank you very much. let's talk about the politics of this situation now. joining me is republican political strategist brian morgan stern and news day columnist, ellis hen can. let me start with you, ellis. rand paul threatening to filibuster. is part of this showboating for his presidential campaign or what's really going on here? >> showboating or being political. what we expect for those running from president. he is betting big on it. when rand began the presidential race he was showing a more moderate side. he wasn't going to be his father ron paul but now he does seem to be betting heavily on the privacy issue, out there standing up by himself and frankly, kind of where he wants it from his own point of view. >> brian, republicans can't agree on this issue, even within their own ranks is this hurting an already fractured party, do you think? >> i don't. because it's highlighting an issue that many republicans agree is important and that's getting back to the fundamentals of the constitution. what has been mentioned but not clearly articulated in this debate it is really about the text of the fourth amendment which requires the government to conduct searches with probable cause and particularity with respect to where, who and what they are searching it is hard to reconcile this bulk data collection by the nsa with that constitutional language. that's why senators lee and leahied in the senate why the house judiciary leadership crafted this usa freedom act they are debating now in order to both keep the data available, keep the government's ability to conduct the searches available and respect the constitution and this is a debate that really does highlight the republicans' commitment to the constitution. and so i don't think it's necessarily bad for the party. >> ellis, let me ask you, because it seems neither side is really willing to budge on the issue, are they posturing and could this backfire on them? >> randi it is washington of course they are posturing. that's what we do with this. the part i think interesting, did you notice the tone of those administration comments from the president and brennan and others? they want to play the somber grownups here just concerned about the security of the nation amid this political squabbling by the other side. that's exactly the tone the dems and as and as minute station want to put forward. they are not the ones who can't agree. >> brian, you want to weigh in there? >> the white house always wants to seem above politics. the fact is the release of this information about the sort of bulk data collection has highlighted the sort of big brother idea of the big government democrats. i disagree we willy, i think this high rights that sort of point of view and i think now what we are going to see is i think a bit of a win for both parties because the political reality is that the usa freedom act passed the house with 383 votes. it has now got the support of 58 senators. so i think it's just a matter of senator paul's procedural clock running out and i think this bill is going to be the law and i think both parties will be able to claim victory from it. >> ellis, do you agree in the usa freedom act was supposed to be a bipartisan agreement, it was a bipartisan agreement, what is the issue? >> skating right toward its adoption until this internal political squabble inside the republican caucus derailed at the last minute. you know you got to blame mitch mcconnell the speaker for some of this stuff. he just miscalculated and decided to push this to the very end and the clock ran out on him and so you know but here we are, maybe exaggerating the damage but it's real. >> all right. we will leave it there. ellis henican, brian morgan stern, appreciate you both. thank you. >> thanks randi. >> good to see you. coming up just hours away from the travel ban being lifted for the so-called taliban five the men released from gitmo in exchange for bowe bergdahl. cot ban be extended at the last minute? that's next. but it doesn't hold me back. i go through periods where it's hard to sleep at night and stay awake during the day. non-24 is a circadian rhythm disorder that affects up to 70% of people who are totally blind. talk to your doctor about your symptoms and learn more by calling 844-844-2424. or visit my24info.com. with xfinity from comcast you can manage your account anytime, anywhere on any device. just sign into my account to pay bills manage service appointments and find answers to your questions. you can even check your connection status on your phone. now it's easier than ever to manage your account. get started at xfinity.com/myaccount ♪ ♪ one day a rider made a decision. the decision to ride on and save money. he decided to save money by switching his motorcycle insurance to geico. there's no shame in saving money. ride on, ride proud. geico motorcycle great rates for great rides. hey pal? you ready? can you pick me up at 6:30? ah... (boy) i'm here! i'm here! (cop) too late. i was gone for five minutes! ugh! move it. you're killing me. you know what, dad? i'm good. (dad) it may be quite a while before he's ready, but our subaru legacy will be waiting for him. (vo) the longest-lasting midsize sedan in its class. the twenty-fifteen subaru legacy. it's not just a sedan. it's a subaru. art has a power to let children discover who they are. every child needs to have space for them to create. when i moved to new york city i noticed that access to our education was lacking. i decided we need to be the ones to put it in the hands of kids. we opened art classes in public libraries that are near the schools that need us most. >> i'm drawing. >> our goal is not to create artists. our goal is to let kids discover themselves. >> i use art as an exachl i do look forward to coming here every week. on most occasions, i persuade them to let us stay longer. >> see where it can take you, right? >> after the we bring art into their lives, they become more confident. the changes are quite remarkable. every semester, we showcase a student's artwork in contemporary art galleries in the new york art district. >> make it darker for the water. >> when i saw my artwork in a real gallery i feel proud of myself. >> jada that's amazing! i hope it sets a spark that it's okay to choose after the your dreams. go after it wholly and fearlessly and anything is possible. let me call your attention now to this live look at the senate floor, right there, where lawmakers have begun debating key provisions of the patriot act. right there indiana republican senator dan coates has the floor. >> when the tsarnaev brothers' phone was accessed and it was run against the numbers, there was some suspicion that additional terrorist activity of woke place in new york and that wasn't the case there weren't the connections made. >> so far, senator rand paul threatening to force the patriot act to expire has not spoken. we will monitor this throughout the afternoon and bring you updates. five taliban militants released by the u.s. last year in exchange for u.s. army sergeant bowe bergdahl could be free to travel within hours. ever since their release from guantanamo bay last may, they have been living in cater under surveillance but their one-year travel ban is to about expire. the worry for the u.s. of course they could return to the battlefield in afghanistan. cnn's nick valencia is here with more on this. so the talks about this have been ongoing all weekend. according to senior administration officials, this he have been talking all weekend with the governments of afghanistan and qatar to try to reach an extension on this agreement. on friday, cnn was told by some diplomatic sources there was going to be a decisive talk on saturday between americans and qatar ries the details have not been made public just yesterday. that has not stopped the criticism, especially towards the obama administration. on face the nation earlier today, john brennan, the ci a director talks about what he wants to see happen next to the taliban five. >> i have talked personally to senior qatary officials about monitoring these officials in qatar the last year and looking at what are the arrangements that could be put in police and what is going to be the disposition of these individual whether sent back to afghanistan or able to stay in doha. this is continuing part of the ongoing process of discussing with our qatary partners what's in the best interest of national security. i want to make sure that they are not going to be allowed to return to the fight. i think this is part of a rehabilitation process as well as a monitoring and observing process. so arrangements that could be worked out with the qatar ries with the afghans, i think we are trying to still look at what are the possibilities here. >> these five individuals who were relinquished by the united states in order to secure the freedom of sergeant bowe bergdahl they were accused of a variety of things and were according to the united states made to high-level officials in the taliban. we will start with faisal the chief army staff under the taliban regime accused of war crimes during afghanistan's civil war in the '90s. another individual nouri, denied his role and importance and level of access to taliban officials. wa seek another one of the taliban five also an al qaeda intelligence member. he has also denied links to any terror groups and contends he was actually detained while trying to help united states locate senior taliban leaders. another, omari, said to be a minor taliban official and the taliban's chief of communications and perhaps the most high-profile of them all, this man that you are looking at here was said to be an early member of the taliban with direct ties to osama bin laden. so the fear as we have been talking about all day, is that these individuals will return to the taliban, help strengthen that group. but of course some critic says they have been out of the loop for a long time may not have that authority to make much of a change. >> that same influence they once h nick valencia appreciate the update. thank you. and we will be right back. a nick valencia, appreciate the update. thank you. and we will be right back. d nick valencia, appreciate the update. thank you. and we will be right back. . nick valencia, appreciate the update. thank you. and we will be right back. nick valencia, appreciate the update. thank you. and we will be right back. nick valencia, appreciate the update. thank you. and we will be right back. verizon say neversettle. t-mobile agrees. never settle for verizon's overpriced gimmicks. try the un-carrier risk-free for 14 days you'll love it, or we'll pay for you to go back. photos are great... ...for capturing your world. and now they can transform it with the new angie's list app you can you can get projects done in a snap. take a photo of your project or just tell us what you need done... ...and angie's list will find a top-rated provider to do the job. start your project for free today. life begins with a howl, we scream, shout shriek with joy. until, inhibition creeps in, our world gets smaller quieter, but life should be loud. sing loud, play loud, love loud. dentures shouldn't keep you quiet life should be ringing in your ears. live loud, super poligrip. a series of mysterious shootings in northern colorado has had the regions on edge for week bus fears of a serial sniper rachd up following the shooting death of john jacobi cycling when he was killed. the attack follows other incidents along a highway, one that injured 20-year-old corey romero. police were not officially connecting the shoots but now they are. erin mclaughlin is following the story for us. what can you tell us? >> reporter: authorities working furiously to solve this mystery. the fbi has been brought in to help. jacoby jacoby's death marks the first homicide the small colorado town has seen in some eight years and now that the shootings are linked people say they are scared. two random shootings, authorities now say are linked and fears in colorado there's a sniper on the loose. >> be vigilant. be aware of surroundings. see what's going on. >> reporter: the warping came friday as police revealed there's new evidence connecting the fatal shooting of 48-year-old john jacoby to the shooting of 20-year-old corey romero. police won't say how they are linked but appear the victims appear arbitrary. >> is there any indication the victims knew each other? >> no indication of that at all. >> reporter: jacoby was shot while riding his bike and a month earlier and five miles away romero was shot while driving. >> 911. what is the access of your emergency? >> i'm on the highway right now and somebody just hit me and i'm bleeding from my neck and i'm scared. >> reporter: the fbi are involved offering a $10,000 reward. so far nobody has been identified. adding to the mystery two dozen reports of shattered car windows. >> i knee a lot of broken windows on i-25 car windows. those have not been linked to this event. if is not that they have been discounted either. >> reporter: the news has this rural town on edge. >> it makes you stop and think. it just yeah it's scary. >> reporter: the police chief says it's impossible to determine just how concerned people should be about another shooting. authorities at the moment not commenting on what if any, additional security precautions are being taken, but they are leaning on the public for help asking anyone with information to come forward. randi? >> all right, thanks very much erin mclauck listen i want to talk more about this with cnn law enforcement analyst, tom fuentes. all right, tom, now that the police have linked these shootings, what happens next to actually try and track down the shooter? >> i think a big part of that, randi is what is the exact link? what is the nature of it, a forensic link with the bullets that were fired or bullet casings that were found and then try to track that down through gun shops in the area or knowing the caliber of the rifle, let's say, that was used to be able to track down gun sales, but that could be extremely difficult as well. usually in a case like, this the link you're talking about is some type of forensic link. unless there's something else going on there's social media, some psychopathic person is out there posting he did it and bragging about it and maybe there's a link that way that maybe connects the two. i think at this point, it is probably having to do with the firearm and the bullets that were used. >> the possible serial shooter in the area what exactly should police be looking for in terms of just their vigilance and awareness? >> yeah that's going to be next to impossible. this is colorado. these are people you know, people are out hunting and carrying firearms and have them in their pickup trucks and so to be looking for somebody this is not down town manhattan, where it's going to be unusual to see somebody walking around with a hunting rifle. out in colorado it's not going to be so unusual. it will be more difficult to try to track this down track somebody down. >> what's your gut? does this sound like sort of a d.c. sniper in the making here? >> i think so. i think it sounds very similar to that to me that somebody is out having fun, using human targets riding down the street either on a bicycle or in a car and, you know for their own personal satisfaction shooting at people hunting people. >> yeah. and they haven't linked the shootings with the nearly two dozen broken car windows that we mentioned. what's your sense on this? a coincidence or you think they are probably related? >> i don't know. that's good question. and i think the police might not know either but that's something else to be looked into. >> what about the fact that the shootings, they certainly have spooked the people there, the residents there, partly because they are so random as you mentioned. but now that they are linked, is there anything that the residents can be doing or they can be watching for? >> i don't think the linkage makes a difference with that. they can try to be vigilant if they -- if they see somebody maybe on a highway overpass with a high-power weapon and again, you know we are talking about an area where it's common to see weapons. i think that they can make the reports to the police and to the sheriff's office to the state police but it's still going to be difficult. the hope, i think for the authorities, will always be that someone will be in communication with someone else either that they are involved together in it or just bragging about it like we see in other cases, such as terrorism cases and if they can make that type of a link ableage, that will lead back to who is doing. this. >> because of your law enforcement background watching this nsa debate as much as i have you, the senators now considering what to do about the patriot act on the house floor, on the senate floor, i should say what is your take on it? if it does expire which could happen at midnight tonight, they have already started shutting down some of the program, which allows the government to track phone calls with possible terrorists or any of us here. what's your concern? is it a risky move? >> i don't know. i think in some ways, the risk has a little bit been overstated, but the other hand it is very important to have these program. they have a reason why they were put in this act. almost all the discussion has been on the meta data the storage of phone records and a huge misconception that somehow the government is spying invading your privacy, listening to your phone calls, they know who you're talking to if you're having an affair with someone, you're gonna get caught that's all ridiculous. just storing old phone bills, basically, but that could be important after an event especially to put a linkage together is was during an event, the first question that comes up in a major terror attack is this just the only part of this? if we find a car leaking fumes in times square are there going to be other cars in downtown washington or chicago or somewhere else? we always want to know if there's more to the plot and that will be harder to put together if you don't have the phone records to go back a longer period of time than what the phone companies will and the fact that there's 3,000 phone companies now in this country because of voiceover internet not going to be able to issue 3,000 subpoenas. >> tom fuentes, appreciate you weighing in as always. thank you. >> thank you. >> we will be right back. and when leftovers are done... there's always stuff left over. new dawn platinum power clean calls dibs on those. it powers through tough, dried-on messes in seconds. even 48 hour stuck-on food. so go ahead, triple that recipe! a drop of dawn and grease is gone. life begins with a howl, we scream shout, shriek with joy. until, inhibition creeps in our world gets smaller quieter, but life should be loud. sing loud, play loud, love loud. dentures shouldn't keep you quiet, life should be ringing in your ears. live loud, polident. the network that monitors her health. the secure cloud services that store her genetic data the servers and software on a mission to find the perfect match. and the mom who gets to hear her daughter's heart beat once again. we're helping organizations transform the way they work so they can transform the lives of the people they serve. thanks for watching everyone i'm randi kaye much more ahead in the newsroom with poppy harlow. it all starts right now.