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On that testimonial we just heard from that baltimore police officer, which starkly contrasts from what we heard from the state's attorney today. >> well megan, i've dealt with a lot of these cases out here in california and what i call mike's testimony tonight is the houdini defense for the police department. in other words, a freddie gray is detained he perfectly fine we throw him in the van, after the first stop he's okay the second stop he's still chit chatting and then gee whiz all of a sudden we get to the police station and he's dead he's not breathing, we didn't do anything wrong. that...

The officer driving the van got hit with the most serious charge second degree depraved heart murder, depraved heart means they don't have to prove he intended to kill freddie gray. officers ed yard nero and garrett miller are charged with assault. the attorney for the baltimore police officer's union responded. >> we believe that these officers be vindicated as they have done nothing wrong. i believe the publicity in this face is driving a rush to judgment and causing this prosecution to move so quickly. >> the union wants marilyn mosby to remove herself from the case because of conflicts of ...

Involved in crime and getting arrested work with the police. so for him to -- for the media to release that this is what he said i think he's trying to say, wait a minute you know i wasn't working with the police this is what i said. you're misconstruing it. >> do you know mike is there any gps or video or anything attached to this van that might help authorities figure out for themselves what happened? >> so as far as my knowledge, there is no gps to any of our patrols vehicles. the van itself it was a newer model of the wagon that we use and there was originally when the vehicle was purchase...

Hear every day, you're only giving me attention because i'm black, you're always doing this. it's always -- it's an easy way out instead of taking responsibility. >> for the viewers who are out there now, mike thinking to themselves this is a clear cut of police brutality. the guy went into the van fine he emerged with a broken neck and then died. what do you want them to take away? >> you know i want them to before they you know give these officers the same rights that every other citizen has. you know they're not guilty until they're proven guilty. that's just i want them to wait till they k...

Distributing narcotics in that alley. >> was he known to do that in this particular area? >> oh yes. that's where he's been locked up numerous times in that exact alley. he's been locked up for distributing narcotics. >> when we come back i'll ask mike how can you be sure one of these officers did not hurt freddie. and what about that mystery stop on the way to the police station? and what is he hearing from the cop who was driving this van, the one now charged with second degree murder? all that when our kelly file exclusive continues right after this break.