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Communicating after you have this kind of nonindictment, as we're reporting today. >> first of all, i think that's a wonderful statement and gesture for him to make those remarks. it certainly shows the sort of sympathy that we hope police have and it is possible the grand jury accepted that as his view f he said something like that to the grand jury, this was an accident and he deeply regrets it. that certainly does distinguish it from what happened in ferguson and the officer's subsequent characterization of what happened in ferguson. it may well be he made those statements against the advic...

I'm sure, when she assumes office, if she assumes office. >> ann, one thing we talked a lot about with ferguson was the process that the grand jury operated under, the length of time that they took to weigh the ef evidence, the fact they did weigh every piece of evidence in the case of michael brown and officer darren wilson. talk to us about the process of this grand jury. they began hearing evidence in late september, obviously, coming back today with the decision of no indictment. is that a typical length of time? did this process unfold in a typical way or an atypical way? >> well, it's fa...

Not a grand jury, but a jury that's public, a six-person jury. there's a lawyer for the family, a lawyer for the officer, which i've been many times a prosecutor and a judge. they decide the who, what, when, where how of the case. they go to the prosecutor and the prosecutor decides whether or not to charge in the state system. also, there's the pocket of federal civil rights, and d.o.j. pattern or practice type of case in this case. >> ann, caleb and clay, thank you very much. stay with us. we'll have more ongoing coverage here of this breaking news. no indictment in the eric garner case. the...

Did or in any way -- in any way other than emotionally very upset and not wanting to have done it and feeling very empathetic to the family of those involved. >> ann, earlier you said something interesting, you said it's rare to see an indictment in these chokehold cases and you've been involved in a number of them. why is that? is that because of the way the law is written, it gives police officers broad latitude or because of the general sympathy that grand juries have for police officers. >> i think it's both. of course, under new york policy, chokeholds are disallowed, as they are many pla...

They haven't been nasty or back biting. they are young and attractive and yes, a good face for my party. >> there is a new face heading potentially to the u.s. senate, because i can reveal breaking news from new jersey and the special u.s. senate elections. c, th cnn is projecting tonight corey booker is the winner. the nominee will take his place in the u.s. senate and a rising star for democrats and tonight a key victory for him. once again, cnn projects corey booker is the winner in the new jersey special u.s. senate election. you must be thrilled, ann. >> i can't say i'm surprised. everybo...