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Andrew alperstein baltimore defense attorney joining us this morning. what do you make of the situation? first of all, unusual to have the police and prosecutor at odds over a case. but what do you think this means going forward? >> well chris, everything about this case is unusual. we can agree on that right? >> yep. >> so going forward this week we've seen the lawyer for nero file a motion to inspect the evidence. he lays out in great detail that he wants to see this knife and why. and he hit some pretty hard with an allegation. it's interesting to hear the reactions from the government. wha...

This case is highly -- this is case is a problem because the statewide law, that is the spring- -- the switchblade law, is -- was not violated. that's what they charge these police officers with. they don't talk about the city code provision that the charging officers charge mr. gray with. so it's really a very inconsistent explanation by the state. state does not allege when they charge these officers the right thing. >> now, does the issue of whether or not -- how do they even know he had a knife when they first started chasing him if it was concealed? is that relevant? >> well, yes and no. ...

I looked at his charge papers from the last arrest. it says the police were in covert position watching him sell drugs. this is what it said. >> right. >> it said that when they ran down on him and caught him, they couldn't catch nobody he sold- nobody, he had 300 bucks in his pocket. they asked a half hour of scouring the neighborhood. came back with a potato chip bag saying it was his heroin. so i guess the second time he seen the cops he didn't make out too good the first time. >> do you believe he was set up by the cops or do you believe the long history of narcotics is accurate? >> i thin...

Statement. you have good people there. you have homeowners. you have people that have been there five or six generations, okay. but the war on drugs is not doing anything. the little kids just like freddie gray -- >> quentin, would you want to legalize heroin? come on. you see what heroin does to people. you see what crack does to people. >> no no. i never would like to want to legalize heroin. i'm talking about the war on drugs. the war on drugs is also a war on people. >> well but i mean if somebody is in the neighborhood selling drugs to the kids in the neighborhood and the adults in the ne...

>> but i mean if somebody's in the neighborhood selling drugs to the kids in the neighborhood and adults in the neighborhood they're contributing to the demise aren't they? >> they sure is. but everybody in that neighborhood has rights. when you strip them people of their rights you make them very paranoid. >> yeah. >> okay? just like freddie. he ran this time. he came in my office let me explain something to you. he came in my office and said i want you to look at my charge. i said okay. i look at his charge papers from the last arrest. it said the police were in covert position watching him ...