Transcripts For FOXNEWSW The Kelly File 20140821 : vimarsana

FOXNEWSW The Kelly File August 21, 2014

There was a violent confrontation between Michael Brown and officer Darren Wilson moments before the 18yearold was shot and killed. That source saying that Michael Brown nearly beat the officer unconscious. And that officer wilson suffered severe facial injuries. And thats not all. Trace gallagher picks up the story from there. Trace. Megyn, that source is very close to the Ferguson Police who tells foxnews. Coms holly mccay the confrontation began when officer Darren Wilson ordered Michael Brown and his friend Dorian Johnson to stop walking in the middle of the street because they were blocking traffic. When they ignored the officer, they started to get out of his patrol car but they shoved him right back in. Thats when brown leans in and starts beating officer wilson in the head and face. He was beaten very severely. The source tells us that brown fractured officer wilsons eye socket leaving him dazed and swollen. And now a man named michael t. Brady who lives near where the shooting took place has come forward with this account telling the New York Times, something was not right, it was some kind of altercation. I cant say whether he was punching the officer or whatever, but something was going on in that window. And it didnt look right. Our source goes onto say, there was then a struggle for wilsons gun and it went off. And that authorities have solid proof that brown actually touched the officers gun. Though the source wont say on the record what that proof is. But were told that Michael Brown then started to walk away prompting wilson to pull his gun and order brown to freeze. Brown then raised his hands, turned around and said what, youre going to shoot me, which is consistent with what officer wilsons friend josie said on the dana lash radio show. Listen. So he stands up and yells, freeze, michael. And turns around and michael starts telling him, oh, what you going to do about it, you know, youre not going to shoot me. Our source then says Michael Brown went at the officer who fired six shots including a final shot to the head. Were told officer Darren Wilson is terrified that the grand jury, which began hearing evidence today, will make some kind of example out of him and vote to indict, megyn. Trace, thank you. Joining me now with more, mark furhman, Fox News Contributor and former l. A. P. D. Detective. Mark, good to see you tonight. So does this make sense to you . This report is based on one source. I want to underscore that. Well, actually, this has been trickling out. And i visualized the events as weve heard from many people that have described at thirst contact. This isnt surprising at all. I expected that officer wilson was going to have some type of injuries to his face. And he took probably several blows while he was on that front seat. Its also not surprising that they have evidence that brown actually touched the firearm. And i want to go back to the autopsy. There is a laceration on the fatty portion below the thumb on the right hand of Michael Brown. I am wondering if that could have possibly been caused by grabbing the weapon at the time it discharged and the slide on an automatic would sometimes lacerate somebodys hand if they were trying to hold it. Its a possibility. But that could be the injury where the officer and the suspect were actually struggling over the weapon. What sense again does it make, however, to believe the account that Michael Brown had gotten away . That he had just had a fight with a cop where the gun went off that he determined it was time to exit the scene . That he then ran away from said cop with loaded revolver . That he then stopped because he was being fired at, turned around and started running toward the officer to attack him. I mean, thats the part of the story that doesnt make sense. Well, it doesnt make sense for people that havent worked on the street. I never really made sense of why people do things on the street, especially when theyre confronted with officers with weapons, different types of weapons including firearms. But they do do strange things. But Michael Brown from the onset of that day did a lot of things that didnt make any sense. He committed a robbery instead of fleeing he flaunts himself in front of a Law Enforcement officer walking down the middle of the street. I want you to know forgive me a quick interruption, the person who was with him in the commission of that robbery, his friend, Dorian Johnson, has now admitted to that crime. That they committed that robbery. Thats already now out there. Some people were disputing this. But go ahead. Right. So okay. We have that crime. But every point that Michael Brown has an opportunity to engage, he engages with the officer the first time before he gets out of the car. He could have ran then. He knows he committed a robbery. He knows he just committed a felony. The officer gets out, he attacks the officer. Once he attacks the officer, the gun depose off, he could have fled at that moment. And instead he turns around and charges the officer. This is a crucial, crucial moment in this whole situation. This officer almost lost consciousness. He had somebody try to disarm him and almost succeeded. The gun went off. And he knows and you can just look at officer wilson and look at the suspect in this case and the weight and size differential is huge. He knows that he will not be able to withstand another attack. He knows that. The suspect is charging him. And he knows the suspect wants to take his firearm. He believed that he would die in this confrontation if he allowed that suspect to close that distance and get ahold of him. That is the facts in this case. Cant be disputed. Well, they can be disputed. I understand thats your interpretation. And theres eyewitness testimony and other testimony to support that version. But theres another version that the grand jurys likely going to hear some of and certainly if this case proceeds the jury will hear more of. Mark, thank you. Joining me for the other side, civil rights attorney and childrens advocate. There is another side because while it seems both sides are agreeing there was a confrontation at the police car, the gun went off in the police car, Michael Brown ran away. What happened in the moments after that remains unclear. Well, we have many witnesses that tell us what happened after that. We have witnesses, one that was across the street, one that was nearby witnessing from her porch, one that was on the scene and involved with what happened. We have Dorian Johnson, we have ms. Mitchell, we have ms. Crenshaw, we have eugene who treat tweeted about the events as they happened. You cant outrun bullets so at some point he decided to stop. And officer did not stop shooting at him, shot him in the arm, shot him in the head. We looked at the autopsy and what it showed. And it showed something that cannot be disputed. What you cannot dispute is that where the gunshot went through was through his arm. And thats either like this or like this. Or he shot from the back. Also, the gunshot goes through his eye socket and the top of his head which indicates as the independent examiner said he was either already vensurrendered o bowing his head no, no, lets stop there. Thats not true. Because i spoke directly with dr. Baden who said that he could not i have right here let me finish what im saying. He said he could not tell from the autopsy whether Michael Brown was aggressing on the officer, attacking him, or surrendering at the time. From the position of the gunshot that goes from up to down, its not possible that someone could be bended all the way over while theyre running towards someone. Youd fall over and lose your balance. No one is saying that. Thats fine. You can make whatever your argument and theyre going to make these arguments. I just dont want viewers to be confused. What dr. Baden said, dr. Baden, the world expert, the guy who did the autopsy, said you cannot tell from the autopsy results whether Michael Brown was surrendering or attacking when he was killed by these shots. So the autopsy basically is inconclusive. And we have to look to the eyewitness testimony. But let me ask you this i have a different derpgs. I get it. But i dont want to keep going over the same ground. Lets advance the story. I understand. Same with mark, i have to ask you the same question. Its hard to understand why a teen who had just had a violent confrontation with a cop where a gun went off would run away and then turn around and decide to come back to attack the cop more. That is difficult to make sense of. However, its also i dont believe thats what happened. Okay. Right. I know. Thats why im pressing him. Because hes saying thats what happened. Now i want to press you on the other theory, which is that certainly. That this cop may have gotten attacked in his own squad car by two guys who didnt want to be harassed by him for walking in the middle of the street. Two guys that just committed a robbery. They had no business getting in a confrontation with a cop. You dont have a fistfight with a cop certainly when hes got his gun. The gun went off in the car and Michael Brown runs away. Why would the cop for no reason if he didnt feel under threat fire six shots at this guy . Well, number one, id like to correct a few things. Most of the counts, whether you believe them or not, they say there was a struggle only involving Michael Brown and that it appeared the cop was trying to pull his arm into the vehicle and he was trying to pull away. Most of them did not say that. Theres conflicting reports on both sides. There were two people struggling with this officer. Ive never heard that from anyone. Second of all, this what we keep calling a robbery is misleading because people that viewed that video say they see people paying for stuff and putting stuff back. So we dont know youre not up to speed on the case. Dorian johnson we dont know that. Yeah, we do know that. Because mr. Johnson in the New York Times yesterday, in his interview with the fbi and the st. Louis county Police Last Week for nearly four hours mr. Johnson, dorian john, with Michael Brown at the time admitted he and mr. Brown had stolen cigarillos. Allegedly stealing is not an executable offense. Okay. I agree. But youre now making a different point. Youre trying to tell me thats not been disputed. Why would that officer get out the car and continue to fire shots in him . There was some type of struggle people say happened, but after that Michael Brown ran away, he was getting shots fired at him, you cant outrun bullets, he turns around and stops. Maybe that officer was mad because he wanted to stop in the street and the kid said something that upset him. Has that occurred to anyone that people do crazy things when upset. Both of these men are experiencing this fight or flight instinct and make you do things out of character on both sides. Good to see you tonight. Thank you, megyn. Michael t. Brady also quoted in the trace report you just heard and the New York Times report also added that the Police Officer started firing on Michael Brown as he fled. So that adds something to the investigation. However they also quote the Ferguson Police as saying that actually mr. Brown when he doubled back had lowered his arms. He didnt have his arms up, as he moved toward the officer. Why do we tell you all of this . To show you there are two conflicting sides. There are two sides to this story. And many in the Mainstream Media wont tell you that. And many of these politicians wont tell you that. But there are. And this process will play out now in front of a grand jury and perhaps beyond. The attorney general of the United States eric holder is in ferguson right now overseeing an investigation involving a group of doj staffers who have seen some controversy of their own. Wait until you hear this next. Plus, missouris governor now wants to clarify his remarks after he earlier stood by them. After he took a lot of heat, including on the kelly file last night saying this Police Officer needs to be prosecuted immediately. Wait until you see what he was really trying to say. And now for the eleventh night we are watching the streets of ferguson and live on the scene with an update moments away. Every styles a showstopper with fabrics that flatter and prints to go wild for. Legs look longer, you look leaner. Any way you wear them. Chicos leggings. Were famous for our legs. At chicos and chicos. Com. Youre thinking beneful. 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Viagra Home Delivery. A convenient way to have prescription viagra shipped straight to you. Go to viagra. Com to get started. Chances are were already there. Or what you want to do, 12 brands. More hotels than anyone else in the world. Like super 8, where every destination is super. For a chance to win one million dollars, visit wyndhamrewards. Com [ male announcer ] since we began, mercedesbenz has pioneered many breakthroughs. Breakthroughs in design. Breakthroughs in safety. In engineering. And technology. And now our latest creation breaks one more barrier. Presenting the cla. Starting at 29,900. Breaking tonight, the nations top Law Enforcement official attorney general eric holder is in ferguson, missouri. Here are live pictures from the streets of the city tonight. Earlier the attorney general met with Law Enforcement officials including Highway Patrol officer ron johnson who was in charge of coordinating the response to the violent protest. Hes also meeting with Michael Browns family. Jay Christian Adams a former doj attorney and legal editor. Chris, good to see you. Were learning more about the resources eric holder is devoting to this case. And hes already suggesting that the witnesses are talking to the feds now because they wont speak with the local investigators, which is quite a showing of support by the attorney general for the local Law Enforcement. But in any event, what do we know about the doj attorneys who are likely looking into the Michael Brown case . Well, this investigation will be conducted by whats called the criminal section of the Civil Rights Division. I used to work at the Civil Rights Division of the justice department. One of the things pj media has done over the last couple of years is to monitor the hiring practices of the criminal section. We actually had to sue in federal court to get the resumes of the lawyers. And, megyn, one after another every single one of these new hires are far left ied logs, people who have a long history of fighting police departments, people who come from far leftwing activist causes. Is that surprising . I mean, under president george w. Bush wouldnt we have conservative leaning attorneys hired for these post sns. Absolutely not. I was there. I saw who they hired. It was an utter balance between different ideologies, different people. Its completely different under obama, under holder. Is there any evidence that while they may have fought against police misconduct, nothing wrong with fighting police misconduct, that they have some sort of bias against police . Absolutely, megyn. Just listen to the federal judge in new orleans, judge curt eng lhard who issued a 129page opinion in a case brought by the same lawyers, the same unit of justice thats now in ferguson, and he found that they engaged in grotesque grotesque prosecutorial misconduct, and this wasnt just fudging some facts. This was actually the lawyers blogging at the Times Picayune website anonymously during the trial, this was the lawyers denying to the federal judge they were doing this behavior. Its even worse. This was the lawyers who were in charge of protecting the Constitutional Rights of the accused Police Officers, were leaking secret grand jury information on blogs. I mean, its totally outrageous. Heres the worst part, megyn, they still work at the justice department. These lawyers were never reprimanded by holder. They may still be involved. They might even be involved in ferguson. That case is unbelievable because in that case they we

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