See that justice is done. Allow people to express themselves, thats what we do in the United States. Good to have you with us. Earlier today attorney generic holder arrived in ferguson. He was briefed on the situation of the Justice Departments federal civil rights investigation into the death of Michael Brown. The attorney general met with Community Leaders elected officials and federal prosecutors. Earlier in the day attorney general met with missouri Highway Patrol captain johnson and they talked about letting peaceful protest while getting rid of the criminal element. He said holders visit is to important to the people of ferguson. Show the people of ferguson and people of st. Louis of our nation that their voices are heard and the highest office in this land, listen to their voices and to the incident that happened. The attorney general wrote a message to people of ferguson and st. Louis post dispatch, wrote, this is my pledge to the people of ferguson, our investigation into this matter will be full. It will be fair and it will be independent in a Statement Released on monday, holder expressed concern with the case saying the selective release of Sensitive Information that we have seen in this case so far it troubling to me. Meanwhile, a st. Louis grand jury met today and began hearing evidence in the case presenting evidence could take up to a week. Earlier today, protesters gathered outside the st. Louis courthouse where the jury and grand jury convened. The protesters were peaceful shouting hands up, dont shoot. Many in the community have concerns over the county prosecutor in this case. Robert mcculloch, who said there are no plans to meet with attorney general eric holder while in town. Hes with a family that has deep roots to Law Enforcement and the community of the his father was a Police Officer that was killed in the line of duty by an africanamerican suspect. Critics have raised questions about his impartiality. On tuesday, Missouri State senator nashad said the judgment will be blocked by his background. He doesnt have the fortitude to do the right thing when it comes to prosecuting Police Officers. His cousin is a Police Officer. His mother works for the Police Department. His uncle is a Police Officer. And again, we think that his judgment will be clogged as a result of all of those occurrences. She has gathered 26,000 signatures to remove mcculloch from the case. Earl yerl today he has no plans to step down. I understand theres some that legitimately or honestly believe i should say that they dont think im best suited for this case. Thats fine, i understand that. Nobody is not everybody is always happy with whats going on. So but what im trying to convoy va to them, i have that responsibility and not walking away from it. Jay nixon has the power to remove him from the case but no plans to do so. The decision to charge officer wilson could take weeks. The United StatesJustice Department civil rights probe could take months. For more let me bring in brown family attorney darrel parks. Mr. Parks, good to have you with us tonight here on the ed show. A lot of questions about the prosecutor. Do you think, mr. Mcculloch can do his job and be impartial and present what has to be presented to the grand jury and do this case . Well, at this point, ed, all we have is mr. Mcculloch so we have to go with him. Some of the comments deeply concerns the family. Given that case and since the governor is not going to remove him, he will be the state prosecutor. Its important in this case because most of the criminal charges that can result from this rest within the state. Although we do have the federal possibility of those charges. The state has a far wide variety of charges that could apply in this case. Have you asked for an independent prosecutor on this or for mr. Mcculloch to be released . Where does the family stand on this. The family has serious concerns whether or not this prosecutor can be fair. Mainly because of comments he has made as relates to the governor and when the situation first occurred. He commented about the governors intervention in the situation in general. I think he obviously has sentiments already rashding the case and family has serious concerns about his ability to be fair and impartial. But they have not officially asked for a change, have they . We want to clarify that. They are tax paying citizens. Not done it officially. Do you think they should . You know, its something they probably should really think hard about. I think that for a case this high profile and for him to make comments early on, it raises question as to whether he can be fair. As you know in most judicial situations, any time theres a question of your ability to be fair whether this prosecutor decides to do that. As of now he decided not to. Do you think the governor has any concerns about this prosecutor but because of the democratically elected situation that hes in and egs the elected prosecutor that doesnt want to make that change, thinking the people have already spoken . I think the governor kind of did it in a subtle way, i guess the prosecutor will have to decide that for himself, meaning obviously theres a situation there. Hell have to make that call himself and see if he does the right thing. You as an attorney representing the brown family, you certainly want justice, no question about it. District attorneys have a way of getting in front of the grand jury with a tremendous amount tena city to get this to trial. Do you think this prosecutor is going to do that . I think we have serious concerns about it. Obviously the fact that this prosecutor is working closely with this Police Department, obviously weve heard the comments he made about the interaction between that same department and the county police and what the governor did. I mean, it draws a lot of concerns given the politics weve seen thus far in this case. Hes got relatives in the Police Department. Isnt that i mean, this is small town stuff, isnt it . I mean it is, without question. Just given the fact that most local prosecutors and local Prosecution Office work directly with Law Enforcement agencies locally and that alone creates a situation. Given the fact of this particular department being a department that he works with, that creates certain reason for any family to be concerned as to whether they can really investigate an officer and given the fact this department has chosen to stand by that officer. Those points alone draw serious concerns as to whether or not there can really be a fair and impartial investigation of the conduct of this officer. What do you hear about eric holders visit . I mean, what kind of impact. He has no power over the governor. He cant make a change of venue or effect the grand jury but can go down the road of the civil rights investigation which is taking place. But his presence there, isnt this somewhat of a message to the community that this is a high priority . I think that alone, but from the family standpoint, we met with the Justice Department mid week last week as to express to this family they have a concern and they will launch their investigation. We have the Eastern District of Attorney Office and United States department of Justice Civil Rights Division represented there along with the fbi. Once they made that decision, this mother also met with the fbi agents as part of their official investigation. So justice has been very involved in this investigation now for almost a week. Were glad the attorney general was able to come to town and show hes seriously involved. Weve seen firsthand already a week ago that the department of justice is very serious about this investigation. Well, mr. Holder called the selective relief release of evidence very troubling. Which leads me to believe he has no confidence in this prosecutor or the process. Does that signal anything different to you . No, i mean, and we all should be suspicious. Ill give an example. Just yesterday there was an alleged story that someone in the media reported there were 12 witnesses that backed up the testimony of what excuse me, the 12 witnesses backed up the version that the officer was saying, that story was recanted at a certain point. That story also said that there was someone within the official state investigation who confirmed that that was the case. You should never have leaks like that. I can tell you and we have met with the fbi, they wont tell us the number of witnesses, who they talked to, when they talked to them or anything. Thats how you do a real criminal investigation. There shouldnt be leaks of any type coming out of those investigations. That was the point that the attorney general was making, that we totally agree with him. Mr. Parks, stay with us here. I want to bring in ring of fire radio host, Mike Papantonio, former president of the National Trial lawyers association. Do you think eric holder has any faith in the st. Louis county process and prosecutor to be able to get this done . Ed, typically the u. S. Justice department doesnt make a move until the investigators have completed their investigation but holder is seeing the same thing we observed, Bob Mcculloch, the prosecutor has incredibly strong ties, uncle, mother, brother, cousins and father all worked for the Police Department. Add to the fact that jay nixon has not had the good sense to replace mcculloch. Heres where things really get ugly. This prosecutor will have the ability to heavily load and manipulate his presentations of evidence to in grand jury without that grand jury, ever understanding whats happening. For example, if he feels that officer wilson is on his way to a Second Degree murder charge, he tweaks that presentation with a witness or selective forensic evidence that reduces that possibility. Worse yet, lets imagine the grand jury does indict, all along the way the presentation of this trial anybody with the slightest bit of cynicism is wondering whether mcculloch is the trojan horse, passively or actively to under mine this case. And add to that, real world concerns, ed, this is not just imagination. This goes on throughout the country. Mr. Parks will tell you he has seen it in his practice. Ive seen it in my practice. These are real concerns. Mike, with all of this evidence against wilson as the public thinks, if its presented correctly, what are the chances of a conviction . If its not if its not presented correctly, how much of an opening is it for the defense . Well, the truth is even at this early stage there are many experienced defense lawyers who would tell you that officer wilsons case is winnable. Mark omara is a good friend of mip, the one that handled the zimmerman case. We were talking about the case and had exactly the same thoughts. That is proximity is something that youll see the defense use, the closer you put officer wilson to a 64, 300pound Michael Brown who appears to be moving forward with his arms extended, the better changs the defense has to sell reasonable use of force. Reasonable mistake, panic. That removes the criminal intent. But theres so many other things that are so easily sold by a defense. Hyperage tags mr. Parks, i want to bring you back into this discussion. Heres Mike Papantonio saying he has spoken with other attorneys and they are of mind alike that this case is winnable for the defense. And when you i want your reaction to that but doesnt that prevent the professional case for you to say you know what, weve got to get a different prosecutor in here . I want to give you time to address both of those things. Well, first of all, any case is winnable as pap and i both know. I think that how you present the case and i think pap was talking about strategy even before the grand jury, but same strategy in terms of the regular jury and that you have to be forceful and find a way to make the case compelling case. I will tell you theres some compelling evidence in this case. The most compelling evidence in this case is there are two shots to the head that once the public gets a real chance to see how this kid was shot in his head, its pretty much going to be a case for the prosecution. Now, presented right we think they win with that evidence but well see what happens once we get into it. Mike, your thoughts . The family has one of the best attorneys they could have ever hired. Im so glad to see him working on this case. Hell do a great job. All im saying, if the prosecution doesnt do what they are supposed to to do, it arms the defense, that brown was in a hyper aj stated state of mind, weve already heard it. It helps the defense. Add to that the possibility of them finding a blood spray pattern in the patrol car consistent with browns dna, go a step further, put browns dna on the officers firearm. If that occurs, this is a difficult case for the prosecution. More importantly, the reason this prosecutor should not be handling this case, is it should not there should never be a question. The defense is going to work to make the witness testimony into a dead draw and the forensics are going to offer so much contradictory material for the prosecution that the impact could be nullified by capable defense attorney but the truth is this community deserves a prosecutor from out of this town at a grand jury from out of this town to come in where they dont have questions. Listen, we havent seen gotten into the idea of the blood spray pattern. Was there blood spray pattern inside the automobile . Thats very important on what occurred there. Was there brown dna on the gun . So a prosecutor whos looking over everything needs to defend, needs to defend this Michael Browns familys right to have a case presented where nobody asked questions about him. In the end if this prosecutor stays on with this grand jury, i just think it creates too much signs of i am propriety, whether this is a well meaning prosecutor or not. Finally, mr. Parks, if these pro tests had not taken place, would we be where we are today . I dont think we would, ed, i think these protests have proven to be a important part of our system where you draw greater scrutiny to a situation. We see every day in america cases where a young black men are killed and quite often shoddy investigations and shoddy prosecutions and no federal oversight. It serves a real purpose to make sure that we have a thorough process of justice and thats what i believe were going to get in missouri given the presence of the department of justice now. Daryl parks, Mike Papantonio, thanks for the discussion tonight. Coming up, president obama calls for International Cooperation in the wake of terrorism. First, the Ferguson Community continues to call for justice. Maria chapelle nadal joins me. Stay with us. . A card that gave you that im 16 and just got my first car feeling. Presenting the buypower card from capital one. Redeem earnings toward part or even all of a new chevrolet, buick, gmc or cadillac with no limits. So every time you use it, youre not just shopping for goods. Youre shopping for something great. Learn more at buypowercard. Com you knowfine barbecue,merica . Good times and zero heartburn. And thats why i take prilosec otc each morning for my frequent heartburn. Because it gives me. Zero heartburn prilosec otc. The number 1 doctorrecommended frequent heartburn medicine for 9 straight years. You cant beat zero heartburn. Prilosec otc. One pill each morning. 24 hours. Zero heartburn. Welcome back. Thanks for watching tonight, tuesday night marked the 11th night of protest in ferguson, missouri, but the tone on the streets was different from previous nights. While monday night saw officers firing tear gas at protesters who throw molotov cocktails and fired shots at them, last night the crowd was smaller and calmer. In fact, protesters linked arms to keepage taters away from police. Missouri Highway Patrol captain ron johnson applauded them for keeping the crowd in order. Tonight the elders in this community, volunteers and activists and clergy came out in large numbers. They walked. They talked with people. They urged order, calm and peace. That had a common influence on the younger people. There were reports of bottles thrown at officers causing them to move into the crowd and make arrests. 47 arrests were reported overnight. So far less than 78 reported after mondays protest. Police also confiscated three hand guns from the people in the crowd. Captain johnson said people listening to Police Departments request to protest early helped make the difference. Those citizens who took heed to what we talked about last night, not allowing criminals to mass themself in peaceful protest. They protested early and went home early and allowed us a better visual look of those criminals and agitators roaming the streets. Joining me now, marie chapellenadal. I appreciate your time. I want to talk about captain johnson. He seems to have really evolved over the last week as a focal point of calm and really the voice of authority. What role do you think he has played in mending this community and directing all of this in a positive direction for the community to have a better night of protest last night . Well, i have to tell you that captain johnson is exactly what this community needed. We needed to temper down the crowd. We needed to relax some of the personalities that were in the crowd. More importantly, we needed to identify some of those people in the crowd who were deterring attention to other places. Its very important to have people in this community who are focused on justice, but we did have an element in this community that was quite negative. And as captain johnson showed extreme restraint especially in the