Newsroom. Poppy harlow joining you live in new york. We begin with breaking news from overseas. The number of people dead and injured in the hours since the huge earthquake that hit nepal is already staggering and expected to rise significantly. Heart of the disaster is the city of 3 Million People kathmandu. Almost 2,500 people are believed dead in nepal, alone. More fatalities in india, china. Even people on the side of mt. Everest were not safe. [ bleep ]. [ bleep ]. [ bleep ]. [ bleep ]. [ bleep ]. [ bleep ]. That is what it felt like to be inside of this. At least 17 climbers dead at the base camp when the earthquake triggered massive avalanches. It is the start of climbing season there. About 1,000 people were on the mountain when it started to shake. The initial earthquake was enormous. It measured a 7. 8 magnitude and throughout the night and today, survivors have reported feeling more very powerful aftershocks. Our team has just arrived in nepal. Were joined now from the capital of kathmandu where its before 4 00 in the morning. If you can hear me what are you seeing what are your First Impressions on the ground there . Reporter poppy, despair here. Outside the airport, there are so many people each with a very different story. Some are waiting for their luggage. Theyve been waiting for hours. Cant leave the airport because there are no taxis. They have no means to leave this air. Outside, further outside the airport, theres a makeshift shelter of sorts. The area where families come to meet. Arrive. This has been turned into a makeshift many surrounding villages completely lost their homes. They have nowhere else to go. We spoke to them they said they came here [ inaudible ] we just lost our sumnina udas on the ground. That gives you a sense of what its like there, even our cell phone connection to us was not Strong Enough to last. You can imagine what the search and rescue teams are going through. As soon as we get her reconnected well bring in more of her reporting on the ground. It is absolutely devastating. As i said, more than 2,500 people in nepal, alone, have lost they lives. That number expected to rise significantly. And one of those lost when a wall of snow buried the route to mt. Everest. Google executive dan fredonburg. He was an avid climber, selfdescribed edd add venturer. Earlier we spoke with his girlfriend and best friend. Just by making the choices that he made, i think it was always unintentional but he had this way of making people around him just feel special. Without even trying. And make people feel like they could accomplish anything that they wanted, and that, you know, they hadnt accomplished enough. That there was more that they could do and there was more that they could be because every Single Person around him was able to feel special and amazing and hes brought out the best version in me and id say hes brought out the best version in norm and everyone around him is just he constantly makes you want to be the best version of yourself and thats without trying. Thats just by the actions that he would take. The choices that he would make. So he truly lived by doing and by example. And its part of who he was. Its what made him happy. He wanted to be back there after the devastation of the year before and making those choices and saying i wanted the choices i make im making because these are the things that make me happy, make me feel complete. Thats truly inspiring. And truly contagious. I mean id say it is the one thing i will take away from knowing him is that just happiness is important and thats what he strived for. These are nepalese prayer scarves that dan gave us before he left and its part of a ceremony to give people safe passage on the mountain. And today were wearing them to honor dan. And his passage that hes going through right now. Id say to honor everybody in nepal thats experiencing loss and devastation. Our thoughts with them and all of the families who have lost people their love in this tragic earthquake. With me right now on cnn is john wood hes the founder of room to read focuses on educating kids around the world. Hes also a good friend of mine and ive worked with the organization. And the reason why i called you and wanted you to come on today is because i remember the story, 1998 you quit microsoft as an executive, you go to nepal with a sack of hundreds of books and that then becomes this global charity. Room to read. So this story of the essence of it is nepal. Yeah, we started in nepal. Were now working in almost 20,000 communities around the world to get kids literate make sure girls also go to school because girls are often left behind. Nepal is the country of our irt birth. Its a difficult day for us at room to read because we have over 100 employees in nepal. Some have left Family Members. Some of them are sleeping in their vehicles because theyre afraid to be back in their homes. So its been a tough 48 hours for our whole team own our hearts just go out to the people of nepal. 1,100 schools and libraries you have in nepal. Opened 1,100 schools in nepal and 3,700 libraries. A quarter of those schools and nearly half those libraries are in places in the quake zone. It will be difficult the next few weeks as we assess what happened. A lot of communities are off the grade we dont know whats happened. Thats a point you made earlier thats so important, the number of 2rkz,500 deaths in nepal, you dont think thats close because weve not heard from the rural parts. Nepal, its a country be most of the communities arent on a road a two or or three day walk down a donkey path or yak path. Even on a good Day Communications are lacking especially in the rural areas and a majority of the nepalese people live in the rural area. My gut feel is the numbers will get much worse over time. These communities from which there is no news, i dont think thats no news is good news. My fear is no news is bad news. Youve taken long trips to nepal, long extended periods of time where youve been working on the ground with your team there. What can you tell us about the infrastructure because i keep thinking back to haiti and the reason why so much collapsed is because of the way it was built. Yes. And nepal is somewhat similar in many ways. When people are poor living on a dollar a day or two dollars a day, when they build a house, they grab whatever Building Materials they can find. Might be boulders might be timber might be a tree branch. It might be just rocks. It might be some bricks they have lying around. They may not even have cement or high quality cement. So a lot of the construction in nepal unfortunately is suboptimal. Our schools we built, we have worked to make sure they are set up for reinforced concrete, that we work with groups that help us to figure out how do you make these structures earthquake proof . When earthquakes this strong hit never know. You nefver know. The fear is there will be rebuilding that needs to be done. What about your staff, your teams on the ground . Can you reach all of them . We reached some of them. Most are accounted for. Some lost very close Family Members. Our hearts go out to those staff members. Most are accounted for. They are ready for action. Our staff is already talking about going out to the rural areas once things stabilize to figure out whats happening. We know from the posttsunami experience in invy sri lanka, there will be rebuilding done. You work with the kids. What do the kids need the most once they have hopefully their parents with them once they have enough food and shelter . What do they need to get back to the sense of somewhat normalcy . Well as you remember when we talked about the tsunami when we worked invy vysri lanka, we stayed out of the way because theres a need to get immediate aid in. After that look at rebuilding redevelopment. For children to have a sense of normalcy, what does normalcy look like . They have a school with a functioning library, welltrained teachers who are showing up to welcome them. Some of the happiest moments i experienced posttsunami invy sri lanka, seeing schools rebuilt, hope returning. Our team is planning to go out and figure out what can we do to help to rebuild schools rebuild lives . We have some investors getting behind us to say theyll be with us as we go. We dont know what the situation is going to be. Yeah. I can tell you from having made several trips to nepal, theres going to be a lot of rebuilding and reconstruction not just on homes but schools and libraries so kids will have a return to better life. John wood. So sorry for the loss that your colleagues have felt losing some of their Family Members. I know. Thank you for talking to us. A difficult time for everyone. If you want to help go to roomtoread. Org nepalearthquake. Thats johns organization. Also go here cnn. Com impact. A lot of different ways you can help right there. You can help the victims of this tragic tragic earthquake. For the loved ones there are very few things worse than not knowing whether a Family Member is alive or dead. Coming up next were going to show you how companies are helping to reach out and helping to reunite people with their loved ones in this disaster zone. Thats next. I hate cleaning the gutters. Have you touched the stuff . Its evil. And ladders. Awwwwwww they have all those warnings on them. Might as well say, youre going to die, jeff. You hired someone to clean the gutters . Not just someone. Someone from angies list. But were not members. We dont have to be to use their new snapfix feature. Angies list helped me find a highly rated Service Provider to do the work at a fair price. Come see what the new angies list can do for you. The American Dream is terrifying. American history is the history of the scary thing being the exact thing we have to do. Cross that ocean. Walk on that moon. Fly. None of this makes rational sense. It only makes american sense. Here, the hard things show us who we are. Leaving your job to start your own thing. Having a kid, when you still feel like a kid. Signing a 30year mortgage on a home. Scary sure, but no match for our colossal self belief. Were supposed to do scary. Without scary, we dont get to be brave. The people of nepal are trying to cope with the devastation of a deadly earthquake and a series of avalanches that followed. But amongst the tragedy of more than 2,500 people who have died there are some stories of survival. Some miraculous stories of men, women, and children pulled alive from the rubble. Just like this young man. Countless others still trying to find their loved ones. Laurie siegel is with me from cnn money. A lot of Tech Companies here in the United States have been instrumental in terms of the people being able to know whether their loved one is alive. At a time like this Everyone Wants to know are you okay, not okay . Everyone needs nsks. Information. There are a couple tools the tech company launched. Facebook launched safety check, a really interesting one. If youre in the area, in nepal, youll get a facebook alert. It will say, are you okay . Check in and say, im safe or not safe. Or dont check in. Knows youre there from the gio location. I went to this and i was look at it and i saw three of my friends were actually in the area and had checked in as safe. I was like i didnt know they were there. So its such a powerful tool. It shows the power of social media during times like this. Another one, google has Just Announced google their google Crisis Response team. They announced something called people finder. This is kind of this crowd sourcing tool. An emergency worker going on the ground can say i have information about someone, they can say, you know, i am looking for certain information about how do they get to that page . All you have to do, its very, very easy. Find it pretty easily on google. Type it in. Person finder. It will take you right there. Put in your name see if theres any information about them. Its a way for you to say, hey, i know that somethings happened. Another app called viber, a lot of International Folks use viber a lot just like they would use they actually announced theyre planning to announce theyll have free inbound calls to nepal but allowing quake victims to get Free International calls right now. You really see in times like this a lot of Tech Companies saying hey, we have a responsibility to help in any way we possibly can because right now, its so difficult for people on the ground to communicate, poppy. I know earlier we spoke with you know two, a young man who lost his best friend Dan Fredinburg and Dan Fredinburgs girlfriend were on last hour. Google is stepping up donating what, 1 million . Theyre donating money and asking people to match this. Look these Tech Companies, these are the guys that have the money right now. So for them to kind of take a step forward and put themselves out there and say, hey, please donate, thats always a good thing. Even you know as dans girlfriend was saying they even put up a crowd funding page and theyre asking people to fund. So you know at a time like this every cent counts and also being able to communicate in any way you can is so so important. Laurie thank you so much. Did a remarkable interview with those two individuals. Go to cnnmoney. Com. Its there on the home page now. Go to cnn. Com impact to find out other ways you can help. Thanks, i appreciate it. Rescuing the victims of this disaster has been a huge challenge. A huge challenge for the search teams on the ground. The weather there now is making it even harder. Were going to have more on the disaster and whether survives are vulnerable to more earthquakes. Next. People are switching to tmobile. Even verizon customers are jumping to americas fastest 4g lte network. From the bay area to the big apple. Ready, set, switch. To the data strong network. I am totally blind. And sometimes i struggle to sleep at night, and stay awake during the day. This is called non24. Learn more by calling 8448242424. Or visit your24info. Com. The real question that needs to be asked is what is it that we can do that is impactful . What the cloud enables is computing to empower cancer researchers. 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Its a brighter day in detroit. Kids are feeling safer while they walk to school. 40 of the lights were out but theyre not out for long. Theyre coming back. [ male announcer ] after John Huntsman was diagnosed with cancer, he founded huntsman cancer institute. To fight cancer in new and different ways like combining 300 years of family histories with Health Records to treat, predict and in many cases, prevent, cancer. With the vital understanding that cancer moves fast. And we have to move faster. To learn more or support the cause, go to huntsmancancer. Org. Anthony bourdain is back with a new episode of parts unknown. First stop 9 00 p. M. Eastern on cnn. South korea. Before that 7 00 eastern, see which episode your fellow voters chose as their favorite. That all starts tonight right here on cnn. Now to our top, back to our top story. Powerful aftershocks continuing to frighten people in nepal following the countrys worst earthquake in 80 years. Crews driging through the rubble of collapsed buildings for survivors will have to continue in really really rough weather. The forecast is calling for heavy rain and lightning. Cnn meteorologist tom seder is standing by for us. Tom, how bad is it going to get . Weatherwise, its about 4 00 in the morning and its clear right now, but last evening it came down heavy with the lightning and theres more on the way. We know from the past though poppy, sometimes if there are victims that are trapped some rain can sustain their life if they have some air. Thats where the teams from around the world now are heading in that direction to try to do what they can with search dogs and search crews. If you look at what were watching now, hundreds of thousands are out in the kathmandu valley, that means in the elements. They grabbed what they can. These tarps are not going to sustain winds that are 60 or 70 Miles Per Hour with thunderstorms in the forecast the next couple of days. Here is the satellite picture. If you notice were going to get in a little bit closer. We have fatalities in china, we have them in northern india, bangladesh as well. Most have been right here in the kathmandu valley. Notice mt. Everest, another complete story. The weather there is bad. This is going to be an unfolding tragedy as there are hundreds on the mountain there. Again, it looks like its clear. Weve got a window. At midnight hour last night once the thunderstorm ended, we were able to see the first of five flights land with aid. But the window is going itto close during the afternoon. Looks like during the morning hours, unfortunately at night when its dark thats our best chance to actually get in. Of course they have no power, no running water. 95 of kathmandu is without water. Airport as well. Limited air traffic control. They didnt want to land at night without power with a rorm. Ain storm. Thats what weve been watching. Another side of the story, weve had 50 aftershocks and they have been pretty strong. Two at a 6. 0. One at a 6. 7 which was in the last 24 hours. This girl you see here is on a thirdstory building. Theyre going in when they can, but the fear obviously is with them that more aftershocks are going to happen. Thats the mystery, poppy. Were not sure how much energy is still locked into the earth under the earths crust. Will we have another . And thats a big factor right now. Not only kathmandu, but whats going on and what will unveil itself on mt. Everest . And thats why 50 you know as you said there have been 50 aftershocks, tom, thats why so many of these people are literally sleeping outside because they dont want to be in unstable structures if theres another aftershock. Tom, thank you so fuchl formuch on the reporting. Keep us posted on what you hear as it develops there. Also how difficult is it to carry out search and rescue operations in the middle of a disaster like this . 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Were talking about mt. Everest. Where about 1,000 climbers were at various base camps when the earthquake hit and triggered enormous avalanches. At least 17 people we know thus far have been killed on mt. Everest. In nepal, time is of the essence. Every single hour that passes is another hour gone for these search and rescue teams to try to find people alive in the rubble. Let me bring in Lieutenant Colonel james reese, also our cnn Global Affairs in analyst. Thank you, poppy. Thanks for being with me. Youve been through search and rescue efforts in tragedy zones just like this one. We just heard from our tom sater there have been 50 aftershocks. Right. 95 of kathmandu is without power. How much harder does that make it when you dont have power . Yeah makes it a lot more difficult without the power. Really does. But these search and rescue teams will come in theyll have you know generators coming in. The u. S. Army has got or the military has got a c17 flying with a usaid team. Theyll have portable generators that will be able to bring power. The problem is then is how some type of equipment to get those larger generators to the where it needs to be. Where its going to be. We know some of the regions that were struck because this was so widespread i mean people 200 miles away in india, china felt this and there were deaths in india and china. There arent even roads access accessing some of these communities. Theyre completely cut off. Correct. Thats why the nepal government is asking for if youll see, theyre asking for a lot of heavy equipment. So india is trying to get a lot of heavy equipment in there to help clear these roads, take up you know pick up some of these mass elements of concrete. Once they lift those pieces up, a lot of times these pockets of safety that people were able to hold in and stay. Thats so you dont want to call the search and rescue too early because people will be there. Do you think anything has been learned from what. Happened in haiti in terms of the International Aid went to haiti, where it was effective, where it wasnt effective . Yeah one thing you always have to have theres got to be what we call unity of command, unity of effort. One person in charge making sure all this coordinations coming in. Look for our viewers, look at this photo. This came to us today. This is a photo of a man completely buried in the rubble. Search and rescue teams able to find him alive and pull him out. That shows what were dealing with and how just close life and death are at that moment. It is. Thats intestineal fortitude. That man wants to live and going to live and those people are out there trying to find him. A warning to people who want to help. What can they do from afar . Sure. The best thing to anyone you and i, can get online tonight when we go home and give some type of cash donation to help all these agencies because they need the money. They dont do this for free. The great volunteers that are out there. But stay away from these instant popups you see. Go to the basics. Go the american red cross. Go to samaritans purse. Go to unicef. You know theyve been around for years. Stay away from the boseposers because youll lose your money. You see in the wake of tragedy you have frauds that pop up. Its unfortunate, but it does. Colonel reese, thanks so much. Also go to cnn. Com impact. Theres a whole list of ways there that you can help. Were going to take a quick break. Well be back in just a minute. Ortho home defense gives you year long control of all these household bugs roaches, ants, and spiders. Spectracide gives you year long control. Of just roaches. Their label says so. Got more than roaches moving in . Get home defense. The label tells the story. Ortho bug b gon gives you seasonlong control of all these types of bugs. Spectracide gives you seasonlong control. Of just ants. Their label says so. Bugged by more than ants . Get ortho bug b gon. The label tells the story. In baltimore, 25yearold freddie gray will be laid to rest tomorrow but the city itself is far from restful. At least 35 people were arrested. Six officers were injured saturday. When a peaceful protest march suddenly turned into something very different. It turned ugly. Baseball fans at nearby camden yards were warned to stay in the stadium as downtown streets teemed with unrest and looting. The turmoil is over grays death one week ago. His family says his voicebox was crushed, neck broken while in police custody. Exactly how that happened is the subject of an internal police investigation. Our Miguel Marquez has been on this story from the beginning and has this report. Reporter protests became violent some two weeks after freddie gray was arrested in this west baltimore neighborhood. The worst of it came after the official protests on saturday. That evening, focusing on camden yards. The baseball stadium. We were at the gates with protesters as they moved from city hall con fronting police who gathered there behind barricades. Several Police Officers and their cars got stuck in a large throng of protesters who were yelling at them. They were becoming more and more aggressive toward the police. The police then backed off, pulling their cars out and finally begin to get reinforcements in there. Thats when the scuffles really got under way. Once police and the protesters were separated there on Howard Street right near pratts there were several police cars parked along Howard Street that the protesters just had their way with busting out windows, the lights opening the trunks. At one point one of the protesters picked up a police hat from out of the patrol car, put it on his head, standing on the patrol car and the crowd went wild. It was after that incident that things got really tense. The Police Officers coming at the protesters very rapidly at first, all the way up Howard Street and then they formed up a line all in their riot gear backed up by horses as well. The police in helmets and shields and batons and they would then force the crowd back in small bits. Saying move back. Move back. It was about as tense as it got. Earlier in the day, several thousand protesters may have been angry, but they were peaceful. They were chanting they will fight for freddie gray. They shut down streets around town. The feeling in this neighborhood since saturday night and that violence has changed. Everybody here wants to disassociate themselves with that violence. I did for a record see some of the individuals i know from the neighborhood putting themselves between more angry protesters and Police Telling the protesters to go home stop this is is not what freddie wanted. It didnt quite work out that way. People say it could have been worse which certainly it could have been. But people feel differently about it in the neighborhood right now. I think its taken on a greater seriousness for this neighborhood and for baltimore. Right now they just want to bury freddie gray get on with their lives and hope there is justice down the road. Miguel marquez, thank you for that. Miguel is going to stay on that story for us in baltimore. Were going to talk more about it now and where everything stands with our legal panel, attorney and cnn legal analyst mel robins in boston. With me in new york joey jackson. Also cnn legal analyst and criminal defense attorney danny cevalos. Thanks for being here. I appreciate it. Mel, let me start with you. Look we dont know a lot about the six officers who arrested freddie gray and put him in the back of the transport van. Five have given statements. The sixth has invoked his right not to give a statement. How significant do you think that is . Well you know, i think it is very significant. One of the things thats interesting about this is that you know its very important that everybody not rush to conclusions as we saw happen in the Michael Brown incident. And, you know, ultimately the grand jury determined the officer was justified. Look we have freddie grays Memorial Service tomorrow. Clearly something horrible went wrong here. And the question is and i think what were going to see everybody focus on is youre going to see everyone focus on the stop and go rideabout in the van. Were also waiting, poppy, remember for more videotapes to come out so i am certain that the police are probably circling the wagons theyre making sure that theyre not putting too much out there yet until the investigation is complete because we have seen time and time again that officers say one thing immediately following. They might say another thing, poppy, when they fill out their reports about the incidents and then later on we see videotape come out like we did in the tamir rice case like we did in the eric garner case, like we did in the South Carolina shooting that seemed to conflict with what the officers are saying. Im not surprised that one is lawyered up and others are being sparse with what theyre saying. One thing that we had heard is that on friday the police chief, danny, came out and said yeah we made a mistake and a big mistake was not giving freddie gray the medical attention that he asked for. Were going to address that in just a moment. Now, please listen in to a press Conference Held by the baltimore mayor, Stephanie Rawlings blaik rawlings blake. Offered their leadership and support during this difficult time. I want to thank or host for this evening, reverend dr. Frank, i have to say your full name, Frank Madison reid iii. I want to thank bishop and angel nunez, bilingual church new harvest ministries reverend dr. Todd Douglas Memorial Church Bishop Michael mcdermott life source international. Howard henderson, baltimore urban league. Tessa hill aston, baltimore naacp. I want to thank Community Leader, mark washington, from the homestead montebello community. I also want to thank other elected officials who i know are here. I know congressman Elijah Cummings will speak after me but i also want to thank senator Catherine Pew who is here. This is her district. Sorry. Try to get better. State senator as well as delegate antonio hayes. I want to thank Jerome Stevens for being here on behalf of senator cardin. I also want to say i spoke to senator mikulski shortly before coming here to this event who sends her regrets and also sends her support. At this difficult time. I want to take a moment to thank our Baltimore City Police Department as well as Law Enforcement officers from partner agentcyies around the state for their professionalism as they work to keep order in the city and facilitate a peaceful demonstration. Id like to speak briefly about what we experienced yesterday. Last night, we saw a small group of agitators turning what was otherwise a peaceful demonstration into violent disruptions downtown. And in west baltimore. Ultimately about 34 people were arrested and unfortunately, six baltimore officers suffered minor injuries. Meanwhile, we saw multiple store fronts vandalized while other property was damaged along the downtown area. As i said last night, this is something that is unacceptable to me and it is something that is unacceptable to everyone who lives in and loves our city. I got so many calls and messages last night, this morning, from people who certainly express their frustrations and their grief about the tragic death of mr. Freddie gray but they wanted to also explain how heartbroken they were that our city was being vandalized by a small group of individuals who, as i said turned what was, what has been all week a peaceful demonstration. I have and i will continue to support the vast majority of the demonstrators who are exercising their right to peaceful protest. But we cannot and will not let a minority of incendiary individuals exploit the honorable intentions of those trying to exercise their rights. And i will not let those individuals put their own agenda ahead of our communities. This is our city. These have been challenging days, and i know that well have more challenging days ahead. We will continue to work through a very public process, but i want to reiterate my commitment to our residents. To reiterate my commitment and to encourage our residents who wish to voice their opinion, their concerns their frustration, even their anger, to remain peaceful. From the days of our nations earliest civil rights sitins, baltimore has a long tradition of peaceful and respectful demonstrations. Earlier today, i released a statement with leaders of different faiths from our community, to call on our citizens to honor that history. In my conversations with leaders from neighborhoods across the city, i have heard the exact same thing. And i know all of those who are gathered with us this evening echo those sentiments because at the end of the day, we are one baltimore. We need to support Peaceful Demonstrations and continue to enforce in our communities that rioting, violence and looting will not be tolerated in our city. Together we can be one baltimore and seek answers. As we seek justice. And as we seek peace. Thank you, and before we open up to a few questions, i would like to turn it over for, to a few of the leaders who are here with us this evening. First we will hear from congressman Elijah Cummings. Then we will hear from Community Leader mark washington. Then we will hear from naacp baltimore president tessa hill aston. Then we will hear from Bishop Clifford johnson and close it out with our host reverend reid. Youve just been listening to a press conference from baltimores mayor, Stephanie Rawlingsblake. Joined by congressman Elijah Cummings as well as the state senator from maryland as well as a lot of faithbased Leaders Within the city. Condemning the violence that we saw take place last night. Noting it was just a minority of people. As you know we saw thousands of Peaceful Protesters fill the streets of baltimore yesterday and last night there were some that turned it violent. She reiterated there were 34 arrests made six Police Officers that had minor injuries and she had that is quote, unacceptable to me. She also said we are one baltimore and she said we cannot allow a minority of incendiary individuals to put their own agenda ahead of our city. Back with me my legal panel, mel robbins, danny cevalos, joey jackson. Danny, to you, your reaction to how this mayor, this leader is handling this situation . Weve seen it before. I mean its important to let the people know that this is a minority of people that are causing the problems and that the important thing is that the first amendment, the right to protest should be preserved. I just have to go back to you were talking about the potential liability before we went to the break. Just reiterate for our viewers if youre just joining us, the blisspolice chief came out on friday and said yes, we made mistakes one big mistake was not giving 25yearold freddie gray the medical attention he needed in a timely manner. We know his spine was crushed and he died. What does that do to the police force . This a huge constitutional issue especially in maryland. Its important to know its better for the police from a light standpoint if freddie grays injuries occur only after hes in the paddy wagon and not before as hes being arrested. Heres why. The Fourth Amendment search and sez year seizure only allows up to and before the arrest. The actions must be unreasonable. A lesser burden. A lesser standard for a plaintiff. Once youre arrested however, then constitutionally for some reason it shifts into the 14th amendment. Im not getting too wonky, but once you need to know once someones arrested and theyre an arrestee the plaintiff has to show the cops were malicious, sadistic. Really . They went way beyond mere unreasonableness. So understand going forward, the police want these injuries to have happened from a liability standpoint after hes being transported and not before as hes being arrested. From a criminal perspective, it doesnt make a difference though. A couple of things to note. First of all, its so unfst unfortunate. Withdrew see the mayor speak out wanting peace and calm in the community. To have images like that of people being destructive, it tee tach detaches from the message. The real message. Unfortunately, thats what youre going to see more of. Splutabsolutely. Than the two weeks of peaceful protests. Its a shame, look people are concerned obviously because you want to be out there. You want to exercise your rights to first amendment. Freedom of speech. You dont want it to generate into that. In any event, in terms of what danny was speaking about, from a criminal perspective, in the event the officers at all, well find out, mishandled him, had a rough ride with him, did any of that and we dont know but from a criminal prosecution perspective, it doesnt matter when they engaged in any criminality as to him, theyll be prosecuted for it. Now, in terms of a civil rights violation, certainly it matters, poppy, because you have to dem demonstrate wickedness. There has to be a reason for the police to violate his civil rights. After hes an arrestee. Not before. Good point. I want to bring mel back in here. Mel, joey brought up the issue of a rough ride. What is that . Thats a case where someone was purposefully given a rough ride jostled around not buckled in as he should have been. Im not saying this happened in this case. We dont know. This has happened in baltimore before. Two people have successfully sued the city and won because they say they were paralyzed as a result of rough rides in the city of baltimore. But isnt this a case of the officers word . Because freddie gray isnt here to tell his story and there were no cameras in the back of that paddy wagon . Zblel, not necessarily, poppy. And im not sure this is a case of a rough ride. He doesnt have a concussion. He has a crushed vocal box and a spinal cord injury that killed him. And i think one of the very critical moments in this case is going to be what happened at 8 46 a. M. . Because remember you have the initial stop you have the chase, you then have the afsrrest. We see the video of that arrest where hes being dragged into the van. The police say he was speaking at that point in time but calling for medical attention. However, almost four minutes later, the van is stopped and he is pulled out of that van. He is put in leg shackles. And there are several witnesses that are speaking to the press that say they witnessed him being beaten with batons at that second stop poppy. So you know it goes more beyond a rough ride. There were several stops, second one where he was taken out and actually handled and so i think theres more video to come. Theres certainly a lot more eyewitnesss and its not just the polices word in this one because youve got multiple witnesses at multiple scenes poppy. In addition to the autopsy report in addition to spinal experts, that will evaluate his injuries poppy, and those injuries will have to look, either it happened with intent and force and power, or it happened because he was butchmped around the van. We dont know. The experts are going to be critical. Whatever Police Officers say has to be corroborated by the physical evidence. We know the family is doing their own autopsy as well. They wanted their own independent one as well. Thanks very much. Stick around. Were going to talk about another big case next. Defense attorneys in colorado are trying to make the case their client should not die. Were talking about james holmes and the 2012 mass shooting in aurora colorado where 12 people were killed. More than 70 injured. Well talk about it next. Bring us your baffling. Bring us your audacious. We want your sticky notes, sketchbooks, and scribbles. Lets pin em to the wall. Kick em around. Kick em around, see what happens. Because were in the howdoigetthisstartup offtheground business. The takingyourbusiness globalbusiness. Were in the problemsolving business. 400,000 people ready to help you solve problems while theyre still called opportunities. From figuring it out to getting it done were here to help. New york state is reinventing how we do business by leading the way on tax cuts. We cut the rates on personal income taxes. We enacted the lowest Corporate Tax rate since 1968. We eliminated the income tax on manufacturers altogether. With startupny, qualified businesses that start, expand or relocate to new york state pay no taxes for 10 years. All to grow our economy and create jobs. See how new york can give your business the opportunity to grow at ny. Gov business after years of delays, the trial for the gunman in the aurora colorado Movie Theater massacre will get under way tomorrow. James holmes admits that he gunned down 12 people and injured 70 others back in 2012. This case though is really about was he insane or not at the time . That is his defense strategy. Lets bring in our legal panel to talk about it. Mel, to you, when you look at all of the factors here when you look at the fact that he went out and purchased the guns, that he went from the Movie Theater back out to his car to get them back in that he booby trapped, rigged his apartment with explosives how hard is it going to be for them prove insanity . Well you know this is an interesting thing, poppy, and one of the things i want to point out to all the viewers, a lot of people dont realize colorado has a different Legal Standard than most states. In most states its up to the defense to put up the proof. Usually by clear and convincing evidence or by compelling evidence that you were legally insane. So in colorado, however, its the prosecutor that has to prove beyond a reasonable doubt that you were sane. I do believe in this case poppy, based on all the reasons that you just listed that they will be able to prove that he knew what he was doing was wrong and that makes him sane poppy. And to you, danny, they have the Death Penalty. They do. So it raises the question insanity becomes a really important factor. Maybe the only factor. And in colorado mel is absolutely right, the prosecution has the burden of proving sanity not the other way around. Its not an affirmative defense in the sense that the defendant must prove his insanity he must prove in colorado for example, that he lacked the culpable mental state or didnt know right from wrong. Its important when we talk about insanity knowing right from wrong is not whether you personally think something that you do is right or wrong. Its about being aware aware. That society deems your conduct to be wrong. Again, in colorado the prosecution has the burden. So it leaves us wondering should the prosecution maybe have made a deal to take the Death Penalty off the table if insanity is a possibility . Heres the problem with the Death Penalty in colorado. Twofold. Number one, no one has been executed in colorado in two decades, and since 1977 theyve only executed 1 person. Number two, poppy, thats this. From a very practical perspective in terms of the Death Penalty, the Supreme Court has said if you have a mental illness, you cant be executed. I suspect if he doesnt establish his insanity even there will be appeals based upon his mental state that may get him into the view from the Supreme Court he shouldnt be put to death. We know the prosecution said hey, were not entering a plea deal with you, hes being held accountable. The practical effect of putting him to death may be very difficult. Mel, final word. I think joey and danny are exactly right. You know its an interesting twist, hes going to be found guilty on all counts, but because he does have a diagnosis, a severe one, it may have not allowed him to know right from wrong. And hell be convicted. However, i agree with joey it might just cause enough of a reason to have these jurors not vote for the Death Penalty. All right, guys thank you very much. Again, this trial gets under way tomorrow morning after years and years of delays the selection from about 9,000 potential jurors. Well have full coverage for you here right on cnn. Thanks so much for being with me tonight. We have a lot lined up on cnn after this. At 10 00 eastern, cnns newest series high profits takes a look at the budding Recreational Marijuana industry in colorado. And the complications that come with trying to grow that business. Before that parts unknown returns with an all new episode from south korea. That is at 9 00 eastern. And right now, we ask you to vote on your favorite Anthony Bourdain parts unknown episode. What was it . We have a winner. It was parts unknown iran which begins right now. Captions by vitac www. Vitac. Com he places, of all the countries, all the years of traveling, its here in iran that i am greeted most warmly by total strangers
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