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I think you put your common sense hat on and you think was that kind of force necessary? a chokehold? there seems to be one officer in particular, the one with the green shirt with the number on the back, that seem to be acting in an excessive way. if i were a prosecutor looking at this tape, that would be my assessment. >> tom fuentes, the new york city police department prohibits that chokehold. what do you think? >> for a while police departments were teaching that as a nonviolent way to get somebody to be subdued and discovered that it is very easy to accidentally kill someone. it is suppo...

They get back into the jury room, wolf, and they put their common sense hat on and their mother hat on they're not going to go there. maybe they won't find this ill will, spite, hatred, though i think there is evidence of that quite frankly. but i can't imagine they won't find him culpable of something. >> as far as that manslaughter lesser charge as opposed to second degree murder, jeffrey, how significant is that decision by the judge to allow the jurors to consider the lesser charge? >> it's enormous because the jury can think to itself, oh, well, we're not going all the way but we're compr...

>> reporter: those passengers will get a three-day credit plus 50% over the next cruise. >> harris: part of positive, everybody has something nice to sai about recruit and industry seems to be resilient. >> reporter: that is right. the tragedy last month, triumph was out in the gulf of mexico stranded with more than 4,000 people in tough conditions. despite headlines, analysts say the industry has shown extremely resilient. >> 60% are repeaters and 40-50% that are first timers. they'll tell you they are not concerned about this because we have to put our common sense hat on and realize these a...