Transcripts For MSNBCW PoliticsNation 20140822 : vimarsana.c

Transcripts For MSNBCW PoliticsNation 20140822

Than thebarest bones, the time, date, location, the name Michael Brown and the word homicide. Almost Everything Else is blank. For that reason its raising new questions. Time magazine writes about the incident report today. The glaring lack of detail is leekly to increase widespread criticism that the Law Enforcement community is closing ranks around Darren Wilson. The big question tonight is there a good explanation for this lack of detail . Joining me now are msnbc analyst and retired atf analyst Jim Cavanaugh and prosecutor and legal analyst paul henderson. Thank you for being here. Thanks for having us, rev. Thanks, reverend. Jim, whats your reaction to the lack of detail in these documents . I dont understand why there is no narrative in the st. Louis county incident report. I think thats pretty lacking, reverend. When an officer is involved in a shooting a lot of times the officer doesnt prepare an incident report because they have been involved in a violent act. Theyre stressed, uh set, could be wounded, injured. Maybe the sergeant will write it. Then that officer will be interviewed the next day, usually by homicide or something. I can understand the process. I dont think thats unusual. The offer no doubt, at least i hope he was interviewed by st. Louis county Homicide Bureau detectives within a day. That would be normal. For the county report to be just lack of all narrative not that they had to put if the officer statement. But Michael Brown was a victim of gunshot wounds, found at this location. It has nothing. It breaks trust with the people. Paul, when you think of what we are hearing here, you had Michael Brown killed. You had some saying the officer was injured. I mean, there is a lot that would have had to happen if the officer went to the hospital or the police there. No the report of any of this . Right. How could there be no documentation of anything . Im sure there is documentation of many of the things you are talking about. Also whats missing, whats lacking and what was turned over are witness statements that were collected at the time. Evidence. Heres why the evidence is important. Where did you collect gun shells. If there were gun shells where were they picked up . Near the car, on the street, in a line that would indicate where and how he was shot. Any of the gunshot residue, if that was collected. Any of the information that could be turned over has not been turned over. You know, these are things that are part of the problem and why there is a lot of distrust about what the process is. On top of that, paul, there is no synopsis, no narrative. Right. Even if you had the particulars, and you dont, its according to what narrative . Right. Understand, reverend, that narrative probably exists. I cant imagine a circumstance that the narrative doesnt exist. Whats going on is that because there are concurrent investigations going on right now and a grand jury thats going on right now, thatter in tif is in use. That information is in use. But, jim, the narrative may be in use. But when you do an incident report, as you just said that dayer or the day after, no one knows a grand jury, no one knows nobody knows any of thats coming. Where is the incident report . You would want someone in the investigation to say this is what they said immediately. This is what they said while they were picking up shells. This is what they said if the officer did go to the hospital. You cant say we knew in our crystal ball that the attorney general would call a parallel investigation, jim. So where is the immediate incident report that has no incidents . I totally agree with that, reverend al. Paul is correct. Hes speaking from the grand jury aspect and the legal aspect. Police chiefs, commanders have to deal also from the aspect of how the Community Reacts and what they see. If citizens think that Law Enforcement is hiding the ball, you know, they lose trust. Right. Trust is absolutely essential to policing in democracy. Sometimes you dont get a report or its not made or cant be given out because its grand jury material. Over the years i have had a lot of success with bombings, arson, murder, shootings, and letting people know this is what i got. This is what im telling you. This is what i can want tell you. The reason i cant is this. Make it clear to the citizens and theyll understand. Along those lines, paul, we dont know much from the st. Louis county incident report. But we do know that it took ten days before it was revieweded internally. Ten days. It wasnt reviewed until august 19th this past tuesday. Now you have the trust of the Community Already waned. Now youre going to ten days later mark an incident report that doesnt have an incident in it . P thats unusual. Just as you brought up the point about trust from the community, one of the big concerns is, as you are editing out, making decisions about what you will release to the public, one of the concerns that the community has is you are leaking out or releasing information thats denigrating the victim. You are denigrating the person that was shot. While you cant release the narrative, you can release this video that supposedly shows Michael Brown engaged in some sort of crime, while you dont release witness statements you can leak out or give out information indicating that there may have been marijuana in Michael Browns system. While you are not saying what residue may have been taken in or evaluated, you can have all the conversations that denigrate Michael Brown. All im saying here is these things are all a problem lack of trust is just growing broader and broader here. And the days that it took for the report to be filed and reviewed, thats another problem. One of the things at least for me that makes me feel more comfortable is that the federal government is evaluating all of these things. These are smart people. They know what they are doing. They are evaluating this at the same time and asking these same questions that you are raising at the same time to figure out whether or not there could be civil rights charges against this very department, exactly for how the case is being handled. But jim. Yeah. We in no way know if there is anything wrong here. It raises questions. Right. They may be completely right in the end. But it looks very, very funny when you can put out someones video at a store where there is some shoplifting but then you come out hours later saying, but it had nothing to do with the shooting. You can put out that he may have had something in his blood system but weve got incomplete incident report. Its a matter of trust. It may all end up being explained but how do you explain how you shrek tyly dribble out what you want . Without feeling like you are trying to paint a narrative. It builds on issues like trayvon martin. He wasnt arrested that night when the detective at the Sanford Police wanted to arrest him. He being zimmerman who shot trayvon martin. When you say he. Right. So the detective wanted to arrest him. He didnt that night because his superiors wouldnt let him. There is no justice, no action, nothing moving. Cases like this build on the past. The recent past. Eric garner in new york. It builds on those cases. People want to see justice. They dont want oh to beg for justice or have to protest for justice. Every time they want justice, you have to march, make signs, get civil rights leaders and elected officials. Thats not right. We shouldnt have to do that for jut. We all deserve to have justice. Thats an issue for the attorney general. I think they are going to move the department will move and the indication to me is 40 fbi agents, the attorney general going to ferguson. I think they are looking real hard, real independent. They can move without the state, reverend al, as you know as a dual sovereign the United States can move. If they see probable cause and it looks like a case can be won in a trial they can make an independent decision without the state to prefer a charge if they want to. You think the federal government may come in and take the case . Yes. My read on whats happened with the 40 fbi agents, the attorney general going in there, they are looking hard at a color of law case under the civil i rights statute where Excessive Force by an authority figure, a Police Officer is a violation of civil rights. Paul knows what im talking about. I think they will talk about moving on that independently. They like the states to do it. Yeah. In this case, i think well see some action. You have a lot of experience, jim. Do you think there is probable cause for an arrest of this officer . I do. Paul, do you think there is probable cause for an arrest of this sa this officer . I do. I want to make a distinction that there are different standards for an arrest versus conviction versus a grand jury. I got that. There are three different legal standards used. Certainly for an arrest there is more than enough, based on what we know. This is the problem that we dont have the narrative to make full evaluations and, yet, we do have hearsay information from the community. We have some conversations over here. Counters it either. Thats correct. Let me stop with you agreeing about probable cause. Thank you for your time tonight. Thank you, reverend. Coming up up inside the grand jury hearing, the Darren Wilson case. Tonight we know the makeup of the jury. And the question surrounding the prosecutor continues from ferguson from the Ferguson Community as a whole. But the governor has made his decision. And a powerful and emotional words from journalist james foleys parents. Remembering their son after being murdered by terrorists. Stay with us. He was just so committed to people suffering. He was trying to humanize. Humanize. He wanted the world to know how people were suffering. Wouldnt it be great if hiring plumbers, carpenters and even piano tuners were just as simple . Thanks to angies list, now it is. Start shopping online from a list of toprated providers. Visit angieslist. Com today. Can i get my experian Credit Report. Eport card thing. Like, the one the bank sees. Sheesh, i feel like im being interrogated over here. Shes onto us. Dump her. phone ringing . Hello . Oh, man. That never gets old. No it does not. Not all Credit Report sites are equal. Experian. Com members get personalized help and an experian Credit Report. Join now at experian. Com with enrollment in experian credit tracker sm. The summer that summers from here on will be compared to. So get out there, and get the best price guaranteed. Find it for less and well match it and give you 50 toward your next trip. Expedia. Find yours. Social Media Community has been active on the release of the incident reports in the Michael Brown shooting. Patricia wrote, having Police Investigate themselves is inherently flawed. Ray said a detailed report shouldnt be released while an investigation is under way. It taints possible additional witnesses at the very least. Richard post eed he officer Darren Wilson should have been fired for not following procedures in filling out a report. Just so many things wrong. What are they hiding . Coming up, new details on the makeup of the grand jury and new questions tr for the prosecutor. First, keep the conversation going on our Facebook Page and tweet us politicsnation. Everything life throws my way. Except for frown lines. Those im throwing back. Olay total effects nourishing vitamins and seven beautiful benefits in one. For youngerlooking skin. Olay. Your best beautiful. I will never choose between uv protection and beauty again. New olay total effects now with spf 30. Uva uvb protection and antiaging in one. Youthful skin with a mission. Olay. Your best beautiful. So factors like diet can negatively impact good bacteria . Even if youre healthy and active. Phillips Digestive Health support is a duoprobiotic that helps supplement good bacteria found in two parts of your digestive tract. Im doubly impressed phillips Digestive Health. A daily probiotic. Amidst growing calls to remove st. Louis county prosecutor Bob Mcculloch from the Michael Brown case governor jay nixon says no. When you have challenges you want the to have transparency and checking. We have a local elected prosecutor. No, im not going to take him off the case. Youre saying that now. You are not going to appoint a special prosecutor are. Right. No. Im not. So the case moves forward with mcculloch at the helm. Its a controversial decision. It could take a while for all the details of the case to be released is there confidence in the community that mcculloch can be fair and impartial . Joining me now is Missouri State representative Courtney Alan curtis. His district includes 60 of the town of ferguson. And liz brown, attorney and columnist for the st. Louis american. Thank you for being here. Thank you. Thank you. Lizz brown, you have litigated against mr. Mccullochs office. Do you think he can be fair in this case . Let me put it this way. Say there was a trial and the prosecutor was picking a jury during the voir dire and the credibility of the Police Officer was the issue to be determined in the trial. The prosecutor would ask this africanamerican person would you be able to be fair and impartial. He says my best friend was killed by a Police Officer. So the prosecutor would then strike that person from the jury and nobody and no judge would refuse to allow him to be stricken. If Bob Mccullochs father was killed by an africanamerican and hes a Police Officer in the line of duty he would be stricken from any jury in america from serving, despite what he would say about i can be fair and imspar sha spaimpartia. Of course he didnt do that. Representative curtis, do you agree . I do agree. But this is a show or tell moment. Well see if the system works or if it doesnt. This is the situation we are in. If it doesnt work thats why the department of justice is here to make sure we get justice on the other side. Other changes afterwards will be indicative of the impartialness of mr. Mcculloch. Tell me the reaction in the community. Mcculloch was elected, the governor said. There was an election recently. How is the feeling of the community about mcculloch beyond your own feelings . Lizz . I wrote a column about it for the american this week. The community is very are clear. Irrespective of what anybody else says this community spent a lifetime dealing with the repercussions or actions of this office. Time after time what africanamerican people have seen, what this community has seen, what this region has seen is a prosecutor that has a different set of justice based upon the color of your skin. Its something that the community is aware of. Curtis, is that what your constituents are telling you . What have you heard since its been p said mcculloch wont step aside . What are your constituents saying to you . Im hearing the same sentiments and that people wish they had taken part in the el t electoral process. If we voted we may not be in this situation. A lot of people are actually remorseful for not having taken part in the system. Let me go to another issue, lizz. Today we learned the makeup of the grand jury as far as race is concerned. Mmhmm. Nine white, three black. The racial break down tracks closely with the countys demographics. The agenda of the grand jury is made up of five women, seven men. What do you make of of the race and gender of the grand jury . I think that this entire issue of what their race and gender is a distraction. At the end of the day, it matters not. The jury, the grand jury will do what they are directed to do by the prosecuting attorneys office. They will base their decision based on the evidence that he presents to them. So it doesnt matter what color they are. It doesnt matter what gender they are. Theyre going to have are to make a decision on what Bob Mcculloch chooses to put in front of them. We cant be distracted about the issue of, well, there is an africanamerican prosecutor and a white prosecutor thats in front of the grand jury. Because they are not going to make a decision. Theyre not going to refuse to indict or indict based upon what Bob Mcculloch says. If Bob Mcculloch tells the prosecutors, i want an indictment, hell get one. If he says, i dont want an indictment, he wont have it. Sounds like you dont think hell instruct them to get an indictment if the evidence is there. Absolutely not. What do you think, courtney . Do you think the makeup of the jury gender and race is material . And do you think mcculloch will be, as clearly lizz brown is saying, saying no, i dont are want an indictment meaning certain things may never go in front of the grand jury because only the prosecutor presents . Right. I definitely believe it ises a tried and true system of justice and injustice. Unfortunately we have seen it happen in a number of situation where is we havent gotten what we were looking for. Thats why its important that the department of justice is on this so we can make sure we get justice. There are multiple plaiflavors justice. Im sure well see that the system does or doesnt work. It is important to keep the focus on making sure Michael Brown gets justice and ultimately making changes afterwards. I think the system is broke aren. I think we already know it is. We have had enough evidence to be able to predict with confidence that justice will not be rendered in this case. If a prosecutor and a grand jury case, as the prosecutor can, can present hearsay information to the jury. They can bring in anybody they want to. They hav

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