Transcripts For CNNW At This Hour With Berman And Michaela 2

CNNW At This Hour With Berman And Michaela August 18, 2014

So thats why we were call. I must say when we were called, mr. Crump had said they had been trying to get the federal the fbi, the federal government involved without success at that time, and thats why they wanted me to come in and shortly after we started the autopsy whoops, channel five, im sorry after we started the autopsy, then it was announced that they were going to do another autopsy which is fine, because it shows the interest and the concern the federal government has in this kind of death, and you are here all here because many black men die of accident, of homicide, every day in this country, and rarely and never as far as i recall has the president of the United States gotten involved. The only time the president got involved i remember was charles man son did his thing and you guys werent born in those times and he was very upset about it. Not in a civil rights way. I think understanding whats happening, one thing i want to adhere, mary case is the chief medical examiner in st. Louis county and shes a very excellent forensic pathologist and im sure her work will turn out to be very excellent when its released, but again it hasnt been released yet, and the family wants to know certain simple questions that so far weve been able to answer. Shaun parcels has been instrumental in the autopsy evaluation. I dont know if you want to point out anything on the on the anatomy of the gunshot wounds that that beautiful drawing. First of all, im professor shaun parcels and i would like to thank everyone for bringing me into this case and were here for the family to answer questions about what happened to Michael Brown. And i want you guys to understand that when an autopsy is done, that we look at the body in an anatomical position. This is the anatomical position. This is not how we stand, how we walk, but medically speaking, we like to describe wounds this way. As you all know, dr. Baden and i concluded that he was shot at least six times. Weve got one to the very top of the head, the apex. Weve got one that entered just above the right eyebrow. Weve got one that entered the top part of the right arm. Weve got a graze wound, a superficial graze wound to the middle part of the right arm. Weve got a wound that entered the medial aspect of the right arm, and weve got a deep graze wound that produced a laceration to the palm of the right hand. Now, these two, where the xs are represent what dr. Baden and i feel are possible reentry wounds, so the wound that hit the forehead right above the right eyebrow actually came out right around the right eye and went back in and then it exited again right here in the jaw line and came out and went back in to the right shoulder. Thats from one bullet. We have to confer that with the first autopsy. This wound right here to the side of the chest is also a possible reentry wound. Now, which wound on the arm that correlates to, were not sure. We have to correlate all of this with the first autopsy, and the other critical point that i want everyone to be very clear on is that this wound to the medial aspect of the right arm, just generally speaking, happened right about here indicate okay. What dr. Baden and i feel that occurred and by the way this red mark is showing that same wound, this is not a separate wound. This is showing the same wound, in the same location in that arm, but you are looking at it from the back, and as the attorneys were saying, there was a witness statement that said that he was walking away and the gun goes off and he kind of jerks. So the question asked to us was could that wound occurred from him walking away and then he turns around . Its consistent with that. However, understand too that while the shot could have come from the back, because if im standing here walking along and get shot from that direction, you see i pull my arm up, its in that same general area, the arm is a very mobile part of your body, so it also could have occurred when he was putting his hands up. So i put my hands up and you see where that wound is at. It could have happened if he put his arms across in a defensive manner. We dont know and we still have to look at other aspects of this investigation before we can really start piecing things together. Dr. Baden. The attorneys behind me thought that there might be a question among you. Were here to see are any of these wounds inconsistent with the witness accounts that Michael Brown was shot while rushing the Police Officer . They could be consistent with his Going Forward or going backward, but they are from the front, if he was shot Going Forward, he would collapse right away. The problem yeah, so its possible. There are a number of different possibilities to that. Can you tell how far away . The question was how far away . Yes. We can tell certain distance. We can tell the distance from the muzzle of the gun to the body and the bodys clothing. If theres close to the weapon is to the body, the more powder residue there will be on the body and the skin and the clothing. In this instance, theres no gunshot residues on the skin surface, so that the muzzle of the gun was at least one to two feet away, the muzzle at the time of discharge. It could have been 30 feet away. It would be the same thing. But in order to be firm about that, we also have to look at the clothing, which we havent had the opportunity to look at because sometimes the clothing can filter out gunshot residues. Doctor, can you say how many times he was actually shot . You were talking about reentry wounds so there are six bullets struck, six bullets struck and two may have reentered and three bullets were recovered at the first autopsy. According to our report. There were the two head wounds and the bullet in the chest stayed in the body and were removed at the first autopsy from our examination of the body. One of the things thats going to be important for us to see is the xrays. The old black and white xrays that will show where the bullets were at before the autopsy was started, and thats documented in xrays taken before an autopsy in a gunshot wound case. We know those xrays exist . Yes. I spoke with dr. Mary case, and they did all the proper xrays, photographs, and they should be available at some time. Whether today or whether three or four months from now often depends on what the prosecutor wants to do. That is mary case could have told you everything im telling you on day one but often in an investigation like this, its not uncommon for prosecutors not to want information released, but i think in my experience, when that happens, it only gets the community more upset. I have a question. Maam, are you a member of the media . I am not. Only the media. Only the media. Can we get access to the clothing . Are there any signs i didnt hear. Access to the clothing, are there any signs of any struggle. Two things. Accession to the clothing, at think at some point, the defense should have access to the clothing. That depends largely, the clothing is now in dr. Cases advice in the los angeles st. Louis county Police Agency normally. They are going to be looking at it. Its up to them when the defense not defense, the familys will have access to it, so at some time there will be access to it and the results. As far as the other part of the question was were there any signs of struggle . Any signs of struggle . There werent signs of a struggle. In talking about a struggle, one of the things that the attorneys have also asked for is the medical examination of the officer who was in a struggle, so signs of injury to the officer, to Michael Brown, are both needed. One thing is that there are abrasions around the right side of mr. Browns face, rubbing against the ground, which happened as best as we can tell when after the gunshot wounds, he fell flat down, unprotected and got those abrasions. Otherwise, no evidence of a struggle and it will be important in evaluation of the case for the medical examiner, for the fbi for the defense not defense, the family to see what happened to the officer. Doctor, doctor over here for a second. Our autopsy that we did, the first autopsy at the county medical examiner, sceked one was at the second one was at the funeral home where the body was delivered for bural and we did that in the office, and it was about three, fourhour reautopsy. How do your findings resemble or differ from the county autopsy results . We cant that until we see the county. My impression having done this some 50 years or so is they are going to be very similar. Do you expect that to happen . I think they are available now. The autopsy records are available now. When its going to be released is probably up to the prosecutor. Right here. Excuse me. Right here. The autopsy itself, consistent with police or witnesses, there are many different witness testimonies. Many of them seem to line up in one direction, some in another direction. Right now, till we get more information, till we get from a Forensic Science point of view cant distinguish cant make a definite judgment. Now, the lawyers who have interviewed witnesses, we havent interviewed, we dont interview witnesses, may be impressed with some witnesses who seem more more trustworthy than others and as the police are doing too. This is what jurys are supposed to do. Juries are supposed to look at the witnesses and tell who is telling the truth and who isnt, but lawyers do that all the time, and so they have more information than we have, but right now from the science point of view, we cant determine which witness and there are all different kinds of observations made, is most consistent with all of the forensic findings. In the green. Doctor, you mentioned transparency. You mentioned scientific information, and you mentioned was there any investigative reason, any scientific reason why this information could not have been released after day one . Is there any well, this is a judgment based on and this is one of the things that the family was concerned about. Even though we know what an autopsy is done, when any autopsy is done that you guys go to, 95 of the information is available right away. Stab wounds, gunshot wounds. Things like microscopic slides and toxicology, which may be of value, but dont determine the cause of death, whether or not a decedent has cocaine on board may be on value to see why an incident happened, but it has nothing to do with the cause of death. So i think my impression is that the like in most medical examin examiners offices when an autopsy is completed, the medical examiner can release it immediately or most of it pending the prosecutors wishes, because the Prosecutor Says that thats going to interfere with our investigation, then medical examiners hold up and the families may not know for weeks or months the kind of questions were talking about. Two more. Two more. Can you scplat on what order the wounds occurred . I dont think we can we cannot speculate exact order of gunshot wounds. Forensically thats impossible. However, we do feel that because of the two gunshot wounds to the head indicating that mr. Brown was bending over as they were coming down, those two shots were most likely the last two to occur to him. Thats about as far as we can go. How about toxicology . The toxicology results have to be done by the medical examiner at the first autopsy. They get the blood and everything out. Second autopsy, no more blood and theres been em bombing embalming fluids. We have to wait for the medical examiner and it depends how quickly they are rushed. The toxicology should be able to be done in a week or two but oftentimes it gets on the end of the line of all the other cases that they are dealing with and may take months, but that should be available, especially with your concern and the president s concern, it should be available very soon. We got a feeling that that toxicology report, like other things, will be released to you sooner than later. There was one question from a nonpress person. Yes, maam. Thank you. My question is the four shots that entered the body first, im assuming that he was survived . Yes, he could have i should have mentioned something. All of these gunshot wounds were survivable except for the one through the top of the head, that went through the brain. With that being said and all of us here know what happened to michael, why hasnt mr. The officer wilson been arrested . [ applause ] you know, who gets arrested, you know, is a political District Attorney decision and its not a Forensic Science decision for good or for bad. Thank you. Thank you. Welcome to this hour, im michaela pereira. Were taking a look at the ongoing press conference. Were in new york. Weve just wrapped up a press Conference Held at the Greater Saint Mark Missionary Baptist Church where we heard from Benjamin Crump the family attorney along with darrel gates, cocounsel. The forensic pathologist hired by the family, dr. Michael baden. Hes a preeminent polings pathologist and has been key in this case and because the family wanted to have their own independent pathology exam and autopsy. Ive got the best in the business right now. Lets listen in for one second and well talk with some of our guests. We can only tell that the direct its going in, but that direction could be up or or kneeling or down and that depends on other factors which the lawyers know more than we know. You want to point out what the last shot yes. This is the last shot and this is the only shot that is not treatable. What does that mean . Well, it went in the top and it went slightly to the front, from the middle of the brain to sort of the right side of the brain. Yes, it stayed in and was recovered at slightly forward. Okay. Thank you. Could this have come from behind . Only if he was double jointed and could its more likely to be consistent with neither kneeling or bending forward. As attorney parks said no more questions. Lets go. Lets go. No more questions. Well answer your question. Thank you all. Thank you. All right. It looks as though the press conference has just wrapped up there. That last comment was from doctor Michael Baden who was talking about that shot to the head. We know that Michael Brown was shot at least six times. There could be more. This was a preliminary autopsy report. One done at the familys behest by dr. Michael baden and professor parcells. All of the wounds were survivable except for the one at the top of the head. We have a lot to wade through. We have George Howell in ferguson, don lemon is also in ferguson. Joe johns joins us with more on the investigation and i have to say this is a great get for us. Leading forensic pathologist sarah wex. Here is with me with danny cevalos. The first thing we have to talk about, the first thing that we heard was that the mother of Michael Brown wanted to know three things. Wanted to know how many times her son was shot, heart breakingly she wanted to know if her son had felt any pain, and then lastly she said what else do we need to give them to arrest the killer of my child. What kind of reaction are you hearing and what do you sense you are going to get on the ground there in ferguson . Listen, weve gotten tons of reaction. Some people listened here on loud speakers when they hold these press conferences, people here just in the last couple of minutes, before i answer your questions, people have been told here that they are allowed to protest but they have to keep moving. They cannot assemble. They cannot stop and so that has caused a little consternation. You can see the Police Presence here for the folk who have gathered here. You remember these big meeting points no longer a big meeting point. You have to keep moving. One thing she wanted to know was her son suffer. No. How many shots . At least six shots. What else do we have to do to get the officer arrested and thats interesting because they are very vehemently called for an arrest of this officer, there is some concern about that, especially people who are here, we dont want to push for an arrest when its too fast and then it ends up with George Zimmerman where the outcome is not what they wanted. Those are the three things that you asked me and those are the three aanswers that i can give you. That press conference, whats happening here where i am, the people are being told that they cant congregate and the National Guard, its going to were going to have to see how all of this plays out in the coming moments, michaela. Don, actually, if we can, if we still have time later this hour, i would love to talk to you more about that because there is a concern about what all of this information what effect thats going to have on the ground there in ferguson. Stick with me for a second. I want to bring in our forensic pathologist. I think were really lucky to have dr. Sarah whect with us. What did you make of what we heard at the press conference, sir . It confirms what had been reported earlier. I would point out as i have already done so in previous discussions, that it was premature to have stated, as i read in the National Newspapers this morning, that the shots were all from the front because the arm can move in dirn directions and when someone is running, then you may be struck in the back and when you look at the body as the professor pointed out in a supine position, the anatomic position, then it would appear that shots were fired from the front. With regard to conscious pain and suffering, i disagree. The shots to the arm which i think came first, that did produce some pain, obviously. And then furthermore, if the shot that entered around the eye came before the shot that went into the brain, then there was pain there. The shot to the brain, then was t there was no pain thereafter. Im pointing out some things that have to be considered. Sure. The point that i have made too is regrettable about this third autopsy. That should have been worked out before. The institute of pathology should have been there. Remember when you do an autopsy, you are dissecting the body. You are going through structures that have been traversed and damaged. Number two, the second autopsy, you have to do further dissection, so now you have the third autopsy, and things are significantly obfuscated. With regard to clothing, theres no clothing on the head and if the young man was wearing a tshirt, then except maybe for the top wound on the right arm, the other wounds would not have been covered. I do not know what that garment was, and then a very important point is that this boy, 63 with a shot coming around the eye and

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