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tv   MSNBC Reports  MSNBC  January 27, 2023 8:00am-9:00am PST

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dangerous menace to national security. a double threat poised by a vicious transnational crime group operating from what it thought was the safe haven of a rogue nation. that rogue nation is the islamic republic of iran and all too far repeat violator of human rights. >> it began with iran's efforts to project power and to extend its tentacles of oppression to american shores, through the targeting of an iranian american journalist who has stood up to the brutal regime, shining a light on iran's abuse of human rights and women's rights. but this time, it was a newer actor who brought the campaign of violence to america. an eastern european criminal
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organization made up of self-described thieves who engaged in extortion, kidnapping and in this case murder for higher. >> we have been listening to officials talking about charges against the government of iran in relation to a plot here to assassinate on u.s. soil a journalist who was not named. we are going to continue to monitor the latest developments out of this. but we have a lot of news we want to get to. we are joining you from new york and this morning it's all about the video with the release of new police footage critical to three big stories we're watching. first, in memphis, that city, the entire country bracing for the video from the traffic stop that led to the death of 29-year-old tyree nichols. this evening video will be released showing the encounter. we're learning more about how chilling it could be.
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the police chief saying it will show, quote, acts that defy humanity. nbc news is learning tyree nichols can be heard in the footage calling out for his mother. overnight, his mother shared the message. >> it's going to be horrific, but i want each and every one of you to protest in peace. >> prosecutors have announced that all five former officers involved have been charged with several crimes including murder, assault and kidnapping. the district attorney detailed the weight of this moment. >> the world is watching us and we need to show the world what lessons we can learn from this tragedy. >> i'll talk with da mulroy live in moments about the case and the video's release. we'll be seeing another urgently anticipated video. the attack on nancy pelosi's husband paul in their san francisco home.
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what it could reveal about the harrowing moments after he came face to face with his accused attacker. plus, tears and dramatic system in a south carolina courtroom where alex murdaugh is on trial for the murders of his wife and son. the jury saw police body cam video from the crime scene, heard his 911 call, and presented with the weapon that prosecutors say was used in the killings. we're back in court following the proceedings including new evidence and new witnesses. we start in memphis as the community mourns the death of tyre nichols. with me, julia baker, criminal justice reporter. antonia, what details are we learning ahead of the release of this footage. >> reporter: good morning, lindsey. the entire community from residents up to the mayor is bracing right now and in some
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ways really preparing for the worst. there are some new details that we've learned coming out of our reporting all day yesterday. in particular, hearing from the chief of police davis from the memphis police department that we are not likely to see in this footage any evidence of the accusation of reckless driving which is what precipitated or supposed to precipitate what ended up happening to tyre nichols. we're expected to be a delay in care after a three-minute beating, a delay in care when people arrived on the scene and were supposed to administer him aid. when he said he was feeling short of breath. and so people are very nervous here. both in leadership and particularly black community members, of course, people who loved and knew him about how this is going to feel.
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they're glad that they took expedited action and it got under way so quickly, of course, now these officers are in custody and facing serious criminal charges, they're grateful for that, but they're terrified about what that means. that's not the typical experience that happens. they say they feel like they're begging and pleading for information. they are fighting to see the video. they are waiting for clarity and transparency and so they're worried since it happened so quickly this time, how serious is what we're about to see. take a listen to some of my conversation with the shelby county mayor. >> we're all bracing and there's nothing that is going to bring us back from that brink of what we will feel in terms of emotions when we see it. but we've got to go to this next piece of how do we make sure there is not the next video, the
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next group, the next tyre nichols and the next family of tyre nichols that has to go through this kind of tragedy. >> reporter: i also asked the mayor about the conversations, the statements that have come out even from president biden that have encouraged people to peacefully protest, that have, you know, shared some anxiety that there could be violence or riots here in memphis tonight and what i found interesting is that the mayor expressed a lot of confidence in his residents and a respect for their grief. and that respect that -- the sort of -- first the care for their emotions and how painful all of this is something that -- frankly in my conversations, i haven't heard from other people. and so his message right now is really focused on how people are doing as they see these traumatic images later tonight, and respect for how this
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community is going to grieve. he wanted people to know that he trusts that the people of memphis are going to process this and ask for justice, ask for reform in, you know, the ways in which they deserve to, lindsey. >> julia, feel free if you want to respond to what antonia just said. but authorities did confirm yesterday that officers from the scorpion unit were involved here in the beating. the police chief announced a review of the police department's specialized units including scorpion and it was to come at a rise in homicides. what can you tell us about that unit and the steps the city could be taking here? >> the unit was put in place to investigate violent crimes, auto thefts and gangs. that's one of a few units that chief davis implemented when she joined the police force in june 2021. and we have seen homicides go down, but what we're seeing in this case, we are seeing police
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brutality and there are concerns that specialized units such as these can increase the likelihood of police brutality in instances like this. >> thank you. joining me now is shelby county district attorney steve mulroy. thank you for being with us, sir. >> certainly. >> we just heard antonia saying that the chief of police told another network that camera footage could not substantiate the reckless driving claim. can you tell us more about that? >> there are certain details about the evidence and the investigation that is still ongoing. what i can say is this, that the video footage that we have and the video footage that you will see does not pick up early enough in the chronology to give us any definitive answer about what exactly led to the initial traffic stop.
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>> we've heard from the family's attorney that tyre nichols asked what did i do and called for his mother in this video. what else are we going to hear and see? >> again, i'm -- i need to be careful as the prosecutor in this case where there's a pending case to characterize the video. but i can say this, people will be able to see tonight the first initial encounter and then after mr. nichols fled on foot the second encounter in pretty good detail and pretty comprehensively so that they can judge for themselves. it was that second encounter that mr. nichols sustained the serious injuries that let to his death. >> is there a period of time before the ambulance was called? talk about whether there was a lengthy delay and also we know that two fire department employees were relieved of their duty. are charges being considered
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against them or anyone else at the scene? >> so two things, again, i need to be careful about characterizing the video as a prosecutor in an ongoing case. but i can say that there is a period of elapsed time between the end of the officer -- i'll say dealing with mr. nichols and then the time in which emt personnel arrived and other elapsed time before nichols is taken away in an ambulance and asked about the length and appropriateness, people can judge for themselves. with respect to the fire department persons, nothing we did yesterday concludes additional charges for being filed later on against other individuals. but as to the likelihood of that or, you know, whether we're looking at that, those are the kinds of details that i really can't talk about with respect to an ongoing investigation. >> can you talk -- if you can't characterize the period of elapsed time, can you tell us how many minutes lapsed between
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when injuries were apparent with tyre nichols and officers on scene called for an ambulance or a period of elapsed time before the ambulance got there. can you tell us in a matter of minutes. >> i hesitate to give numbers, but there were multiple minutes between each of those things, and a few short hours, people will be able to find out exactly. >> we know all five officers have now bonded out of jail. only four had done so previously. these are very serious charges, obviously, second-degree murder, aggravated kidnapping. can you help the public understand these particular charges and why they were levied? >> yes, absolutely. second-degree murder in tennessee is the knowing killing of another and knowing with respect to a result like death means that the person knew there was a reasonable certainty that
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death would result at the time that they acted. it doesn't require an intent to kill. under tennessee law, if you confine someone against their will to interfere with their liberty, that's kidnapping. it's our contention that whatever the decision is made about the legality of the initial stop, at some point, the detention became unlawful. and at that point, since bodily injury resulted and weapons were possessed, those are two factors that make regular kidnapping become aggravated kidnapping. and then finally aggravated assault i think is pretty obvious. i think it speaks for itself. >> da mulroy, if you can, if we can show the charges once more there. can you confirm that these charges you believe are a result of the second encounter, the second confrontation in which you believe this became
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criminal? >> interesting question. certainly the second encounter is -- the one that, you know, people will probably focus on the most. but i really wouldn't rule anything out. i think there's relevant and probative evidence from the entire course of events. >> nbc news has learned one of the officers was accused in 2016 of participating in a prison assault that left an inmate unconscious. that's according to the inmate in a lawsuit filed. do any of the officers to your knowledge have prior discipline or alarming past behavior? >> so to our knowledge, there's no criminal history for the officers and, no, aside from what you mentioned, the only disciplinary proceeding that i was aware of was that there were two instances that -- involving a failure to fill out a report form regarding a use of force.
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that's all that i'm aware of at the moment. >> is there any message to share with the people watching. >> right, well a couple of things. obviously, things like this undermine public confidence in the integrity in the system and it's my hope that calling in the tbi immediately for an independent investigation and by assigning the decision about whether to bring charges, criminal charges against the officers, by assigning that and this case and all similar cases to the independent justice review unit, which operates independently from law enforcement and the rest of my staff, to do an objective analysis on precisely these kind of cases, i'm hoping that will help restore public confidence in this case. and the second and final thing i say, i really hope that the discussion and the analysis does not end with the tyre nichols case. what i'm hoping is that this tragedy might serve as a
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springboard to have a larger conversation about the need for police reform both in memphis and around the country nationally. >> da mulroy, do you worry that because all five officers have bonded out, you and many officials have been urging calm. do you have any fear that that could impact what we could see in a community or even around the nation tonight? >> i certainly hope not. our officer recommended rather large amounts of bonds in all of these cases. you know, the defendants aveiled themselves of their rights to bond themselves out. they have ties to the community. i'm hopeful that this doesn't really impact public reaction at all and i will say this, that i'm cautiously optimistic that public reaction will, in fact, be peaceful. i'm proud of memphis. memphis has a long track rate of peaceful protests. when george floyd came out, when we had another case here locally
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involving darius stuart, we were peaceful. at one point, protestors took over a key bridge in memphis to show the depth of their feeling, but even that was peaceful. and so i have faith that the residents will be peaceful tonight and over the next couple of days as well. >> january 7th was the traffic stop, january 10th, tyre nichols died and yesterday charges were levied. some of pointed to the fact that this did appear rather swift compared to past cases, particularly involving police officers or former police officers, is that because of the severity of the situation? >> yes, it's because of the severity of the situation and also the extraordinary nature of the case. i mean, the great public concern, the very real public safety concerns about, you know, public unrest if the office --
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the city and the office generally didn't show transparency in releasing the video and also the idea that if it were possible to do a thorough enough investigation to make some decisions about charging prior to the release of the video, that might also help from a public safety perspective regarding calming the public response. but i want to emphasis that we would not have gone forward unless we were very confident that we could prove beyond a reasonable doubt every element of every offense that was charged in the indictment. i want to commend my staff for doing a very swift but also very thorough and fair evaluation of the evidence to the point where we were very comfortable in bringing forth the charges that we did. >> district attorney steve mulroy, thank you for joining us. >> and merrick garland is addressing the tyre nichols case. >> that is, of course, is what the justice department urges as well. >> anything you can detail more
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about this eastern european criminal organization in iran? taking him out as the leader, does that effectively decapitate the organization or is this something you expect to see more criminal activity from them? and then on a second question, yesterday from the podium you spoke about how you expect special counsels -- >> they are pivoting again to the case we were initially talking about at the top of the hour, not the case of tyre nichols. let's bring in paul butler. paul, talk to me about what you heard from district attorney mulroy? what should we take away from that? >> great interview, lindsey. the da is doing well on accountability. these five officers were swiftly charged with the most serious homicide charge that the evidence warranted. i would have liked to have seen more transparency from the da in answering your first question, why was mr. nichols pulled over in the first place?
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originally we heard it was for reckless driving, but the police chief said she didn't see evidence of that in the videotape. we know that these officers were members of a task force that was supposed to be focused on violent crime. they typically wouldn't make a traffic stop unless it was an excuse to pull mr. nichols over so they could question him about something else. when cops make those pretextual stops, that leads to lots of innocent people being stopped for driving while black. >> what about the charges, second-degree murder, aggravated kidnapping, obviously we haven't seen the video, the district attorney did not want to lay out the complete case. we don't know the complete timeline. we don't know how much time elapsed from the first encounter, second encounter and the ambulance coming. what can we infer so far from these harsh charges? >> from the video, i'll be looking to see what happened to spark this violence from the police. we know that the defense in these cases and typically to
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blame the victim to say that he started the fight and the police response was reasonable. based on the murder charge, i expect that the video will not show that mr. nichols posed a significant danger to the police and certainly nothing that justified their use of deadly force which is what kicking somebody in the body and chest is. so these are the most serious charges short of first-degree premeditated murder. for the second-degree charge, premeditation is not intended. i don't want to think about how horrific this video must be that it led to these unprecedented murder charges against these five police officers. the law doesn't require proof that each defendant actually delivered the death blow. the officers shouldn't be able
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to get off by saying, all i did was to kick mr. nichols, but i'm not responsible -- >> paul, i'm sorry, we'll have to leave it there because the fbi district chris wray is talking about this case. >> there's a right way and a wrong way in this country to express being upset or angry about something. we need to make sure that if there is that sentiment expressed here, it's done in the right away. >> thank you. >> thank you. >> do we still have paul? are you still there? >> yes. >> paul, this is something that we keep hearing, we heard it from wray, we heard the tail end with merrick garland, the president, shelby county officials calm, urging calm. what do you make of the fact that they are being first of all just really warning the public here of how horrific this is going to be and they keep urging calm so much? >> the video is apparently going to be traumatic, not just for
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the family and friends of mr. nichols, but for the entire world, for any sentient-feeling human being to watch and that context, i'm a little put off by these constant cries for peace. of course people should respond peacefully. but the family said protest. they said protest peacefully. this should not be happening in a free country. when someone is pulled over for what's allegedly a traffic infraction, they shouldn't end that by being beat up brutally by the police. so i want to focus on protests to be nonviolent, but throughout the history of racial justice struggles in the united states, it's nonviolent protests people taking it to the streets that have created change. and i think that's what's necessary in cases like this to
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prevent these horrific acts. >> while we were talking earlier, christopher wray said he was appalled by what he saw. paul, thanks for being with us. coming up in the next hour, the 911 call and body camera footage from the night former house speaker nancy pelosi's husband paul was attacked in their home. it's going to be released to the public. what we could learn. will republicans ditch their current party chair and trump mcdaniel. jurors are listening to testimony in the alex murdaugh double murder trial. >> did you ever see him -- any tears, any physical tears? >> i did not. tears, any physica? >> i did not ooh, we're firing up the chewy app. can't say no to these prices! hmm, clumping litter? resounding yes! salmon paté? love that for me! essentials? check! ooh, we have enough to splurge on catnip toys!
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i can do better, too! see how easy it is to save hundreds a year on your wireless bill over t-mobile, verizon, and at&t. talk to our switch squad at your local xfinity store today. we're back with a live look inside the courtroom where south carolina attorney alex murdaugh is standing trial accused in the double murders of his wife and
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son. right now jurors are hearing testimony from a detective who responded to the scene the night of the murders. yesterday, murdaugh appeared emotional as the jury was shown body camera footage and heard from other first responders describing what they observed when they arrived. catie beck is outside the courthouse with the latest, also joining me an msnbc legal analyst. what new details are we learning in court this morning? >> reporter: well, one primary focus that has been a focus for both the defense and the prosecution is the blood on alex murdaugh clothing and on his person. the defense initially in opening statements said he had no blood on him, this is evidence he couldn't have done it. if he had done it, he would have been covered in blood from head to toe. now the prosecution is zeroing in on that. they said if alex murdaugh checked for signs of life on these victims as he said he did and he actually would have had
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to turn his son paul over to get to his wrist, he fell on his hands, he would have had some amount of blood on him. he was completely clean from head to foot. so now prosecutors are saying that's a bit suspicious too. they've asked repeated witnesses over and over again, if you check for signs of life, if you check for a pulse, would you get blood on you. here's some of that questioning from the stand. >> if you were to check the pulse of his hands, how would you do it. >> you would have to try to lift him up and get his arms out from under him. >> how would you describe the defendant's hands when you saw when you were interviewing. >> they were clean, clean. >> how would you describe his arms. >> they were clean. >> how would you describe his t-shirt. >> clean. >> how would you describe his shorts. >> clean. >> how would you describe his shoes. >> they were clean. >> so as you can see there, they are making a point of the fact
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that there was absolutely to blood and it's just interesting both sides using this same bit of evidence to sort of prove a different point, that the prosecution obviously has their witnesses up first. so we're hearing a lot of that line of questioning going on right now in the courtroom. we expect to hear from several more people who had those early conversations with alex murdaugh at the scene and their observations. they all say that they did not see tears, they say he was distraught and they all agree that there was absolutely no blood on him or on his hands, on his clothes when they arrived. >> so, danny, i want to talk to you about that and how crucial this is going to be. is this something we're going to see today and not hear again until closing arguments? >> first, talking about the remorse or how upset he was at the crime scene. not a big fan of this evidence. everybody reacts differently to trauma and stress. so i think that's an example of the prosecution sort of piling
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on. but what the defense is developing and what i expected they would develop since the beginning. there's a name, it's called soddi, it stands for some other dude did it. they can point to another person who did this or sit back and say, look, they didn't secure the crime scene, all of that means that the real bad guy might still be out there and what the government did here, the prosecution did, law enforcement, they zeroed in early on on my client and let the real bad guy go. i suspected early on that this would be their strategy because there's a lot of bad circumstantial evidence for the defense. >> they just have to poke holes of reasonable doubt. but one thing we heard from the defense yesterday, they're trying to maybe make a case that these first responders, people who showed up to the scene, the investigators were not careful
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with the crime scene. for example, they didn't take photos of tire impressions in the grass. they walked through the crime scene. is that a strong argument? >> all of those facts are in service of the shoddy investigation and really there's only one conclusion, if they conducted a shoddy investigation, then there's somebody else out there, because this wasn't obviously an accident. the other thing that the defense is probably going to capitalize on is that there were two different kinds of gunshot wounds. the prosecution is going to take that same piece of evidence and say, the defendant is an accomplished attorney. he knows how to create reasonable doubt. sure, he's a civil attorney, but he knows if he uses two different firearms, it will create the impression that there were two doers. and that will service the defense that there's some other dude out here that did all the stuff and the government ignored that when they tunnel-visioned in on the defendant. it's going to be some variation of that. >> what do you make of what the
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jury heard yesterday, and that is that alex murdaugh he kept pointing to this boating accident that his son was implicated in and prosecutors maybe trying to say, look, he had this pretty ready. >> yeah, it's all part of the soddi defense, by saying, we had this accident, i think a lot of people in the community have a reason to do wrong to me. he's creating a record right there, he knows there are body camera videos reporting him and officers who will later testify to what he said. again, this is a classic piece of evidence that the defense will use in their favor and the prosecution will use it. with the defense saying, hey, he knew there were other bad guys out there that might harm his family and the prosecution is going to say, this is all part of his setup. he's a smart man. he did a number of different things to send law enforcement off on a wild goose chase. you have the same piece of evidence that either side uses to their advantage. >> wow.
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all right. thank you so much. we want to turn back to the death of tyre nichols and we are expecting to get the police footage of the traffic stop today. moments ago, nbc's tom llamas spoke to the memphis police chief. let's listen. >> we're joined now by the chief of police here in memphis. chief, thank you so much for joining us. and also thank you for being so transparent and open throughout this process. i know it's been difficult personally and for the defendant. i want to start with the video, the nation waiting for this video. talk to me about why you decided to release it after 6:00 p.m. central and you're going to release it on youtube. >> absolutely. individuals that would like to actually watch the video can also access it through the city's website too. but, yeah, the timing was really important for us too. we know the response sometimes
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from videos that have a tendency to incite emotion and anger. we wanted to think in terms of, you know, the impact it will have on the community, the impact it will have on business and the impact it will have on rush hour. our school system. so we thought friday afternoon, friday evening will be a good time to release it to try to get people home, try to have our children safe, and have a means of being able to manage any type of response that we see. >> any fear that it's going to be released as the sun is going down, it's going to be dark in memphis, it's going to be the weekend. was there any concern about that? >> we've thought about all of that and we're prepared to monitor and short of, you know, manage the area. we don't want to overreact, but the reality is, is that they're individuals that may want to exercise their first amendment right and come out and protest and we think that with the contingency of staffing that we have and the means of being able
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to monitor such, you know, groups and our downtown space, i think we'll be fine. >> roughly how long will the video be that's going to be released. >> so the video is segmented into three different streams. it's three different sources. body-worn camera, an actual source from the scene where the most physical abuse occurred and then two other body-worn cameras from the officers at that same scene. it's for -- it's about an hour long. >> an hour long will be released tonight. >> yes. >> will sections be redacted. >> we've had some sections redacted. vehicles that have nothing to do with this incident, their tag numbers are redacted out, an individual that might be in the neighborhood that's out, we wanted to make sure we protect their identity. so that's the level of
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redacting. but the video is in its rawest form. >> if i could ask you to go back to the first time you saw that video. if you can describe in one word, what was it like? >> horrific. alarming. disappointing. sad. >> did you have a visceral reaction -- >> absolutely. >> when you were watching this, were you thinking, how did my officers do this? >> yeah. i was literally in this room. and this incident occurred 8:00 p.m. the previous night, i got a call around 4:00 in the morning that mr. nichols was in the hospital and just the information just made me wonder, how did the traffic stop end up with a driver in the hospital. and so one of my staff members,
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one of our executive team members said, well, i can pull a video, chief, and we can take a look at it because we have a sky cop camera in that community. >> explain that to our viewers. that's a pole cam. >> we have a camera network throughout the city. and our camera network throughout the city is an operation through our real-time crime center on a regular basis. and there was a camera that was actually situated right over that intersection area. >> and you tapped into that camera. >> we were able to -- we were able to get video footage that captured that particular location where most of the physical abuse occurred. >> and you've said before you don't think there was enough evidence or cause to even pull over tyre nichols? >> we have not been able to substantiate the cause of the stop, the violation, the only thing that we have right now is the officer saying that
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mr. nichols was driving recklessly. initially on the wrong side of the road. and so naturally as a police department, we want to be thorough in our investigation. we just don't -- this turned out to be a tragic situation. so my staff -- i asked them to pull all of the video that they can find in that area, you know, the thoroughfares blocks away to see if we saw something or someone had camera footage that could help support whatever this was. and we were unable to find that and we were unable to get that captured on body-worn camera as well from the initial officer. >> how would you describe the energy of the officers that pulled over tyre nichols. >> on a scale of one to ten, they were at a ten. >> is that not police protocol. >> no, it's not police protocol. i've been in this business for
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36 years and a lot of the aggression and, you know, the approach was over the top and i think that's sort of what, you know, we're trying to figure out. they're still ambiguous to us -- >> from the get-go. >> yes. >> and it escalates from there. >> it escalates from there. first scene, things went wrong as far as trying to handcuff, mr. nichols and two, three officers attempting to get the handcuffs around him and then also the use of oc spray. the use of, you know, the taser. the means in which the officers attempted to get mr. nichols under control, it was still what i consider over the top especially when we're speaking of a misdemeanor. >> do you understand why they would do that? do you have any understanding
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why they would do that? >> i do not. and i think as we discussed the incident, we all are trying to figure out what took them to ten at the very beginning of the stop. and because we don't have video footage, it doesn't mean that something didn't happen. but it does -- i don't care what happened. the stop should not have started at a ten. >> from the get-go, the protocol wasn't followed. talk to me about what happens next. because the family has described their son being kicked like a football. we have heard comparisons to rodney king, and when you hear attorneys for the family, they talk about just a brutal beatdown. >> absolutely. >> is that all true. >> yes, it is. it is true. and as i said before, it's hurtful. i had an opportunity to speak with the family and this was
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right before they viewed the video and i wanted to let them know ahead of time that this video is going to be hurtful, it's going to be painful for you to see this. and it may not answer your questions. it just may cause you to ask why? >> did you have to apologize to tyre nichols' family? how do you have that conversation. >> you naturally say i am so sorry. you know, and that wasn't just from a police chief, that was from someone who felt her pain, who felt her loss and, you know, words can be empty sometimes. that's why it was important for me not just to deliver condolences or apologies or i'm sorry, what i wanted to deliver for this family, at least was that first step of justice for them, to quickly deal with these officers within the scope of my power and to help facilitate this movement to the da's office
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as well. it was obvious to me that what i saw was beyond the scope of what is condoned in this police department, any department i have ever worked in before. and something that was not a proud moment. >> is it true -- and we've heard this from the family's attorneys -- that he actually cries out for his mother. >> at some point, one of the body camera videos he does. he mentioned -- he mentions calling out for his mother. and i can't quite quote it, but it was something to the effect that he called out for mom. >> to think that a 29-year-old man would do that, the type of condition he has to be in, we're talking about something that is completely next level. >> that's right. completely next level. >> completely outside of, you know, humanity. i'm not even going to say training. i mean humanity.
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the mind-set, you know, and the reason why i think there is an analogy to rodney king here is that there was this -- there was this sort of element of group think in this instance. no one stepped outside to say stop or, you know, we can get the -- him handcuffed a different kind of way. it was as if this was sort of, you know, one mind-set. >> on that point, i've spoken with one of the defense attorneys, and, you know, showed them the picture in the hospital. and he admits something went wrong here. some officers crossed the line. but he claims not all of the officers crossed the line. he hasn't seen the video. five officers charged with second-degree murder. in your opinion, they're all liable? >> it's hard to separate, you know, the other officers that may not have been responsible
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for district blow or physical -- but you're just as culpable when you don't stop it. we went through police reform, you know, a couple of years ago on the heels of george floyd. i testified before the senate on police reform. duty to intervene, duty to render aide, duty to report, no choke holds, no body pressure on top of individuals. and these are all of the things and all of the elements and guideline that is we teach our officers. and this was a failing. you know, there is a failure to supervise. we didn't see a supervisor respond when they were supposed to respond, and that's what supervision is for in a police department, to intercept and keep officers from, you know, going too far. >> is it true there were some first responders who were walking around smoking
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cigarettes? >> you know, i don't know -- just in my recollection i don't know if they were smoking cigarettes, but i know there were first responders there. and along with the other individuals, you know, our officers are trained in first aid. all of them are trained in first aid. but, you know, my expectation is when the other officials come that are experts in that particular area that there is immediate care and there was a delay in immediate care. >> the families described him of being put up and he slumps down again, slides down, slumps down, yell curse words at him, did you witness all of this? was tyre nichols beaten to a pulp? >> well, now i'm going with recollection. there were times when he was laying, there were times when he was -- sat up, there were times when he was mumbling and saying
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words, but it was obvious that he was not in control of his physical self -- >> and there was no sense of urgency to get this man help. >> in my mind, there was not. there was not. >> the team has been known as the scorpion team which targets auto theft, gang violence. has the name scorpion to intimidate criminals. did this unit have a reputation for being too tough, for being jump out of the car, take down suspects? were they too aggressive and did they have that reputation? >> the unit didn't have that reputation. the scorpion union stands for street crimes operations to restore peace in our neighborhoods. those units were stood up out of an outcry there all of the gang violence and gunfire in certain communities. instead of our patrol officers having to respond to all of these different incidents, this unit was set up with three teams, three different teams,
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trained to address repeat violent offenders, robberies, auto thefts and add an extra visibility. this group of individuals was off the rails. we typically pull all of these officers off the street every eight weeks so they can have downtime, so they can have retraining and so on. i have seen, you know, street crimes operations such as this work successfully around the country in many agencies. they were able last year to help us reduce our crime. unfortunately this incident sort of clouds, you know, all of what has happened and some of the good work that the other officers have done within the scope of their responsibility, within the scope of policy. >> i'm sure. and tarnished, unfortunately, your entire department. >> yes. >> there are cities all across the country, city police
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departments that are on standby because of what happened in memphis. if you could right now, because people are watching this all over the country, address the camera, what's your message to americans who are upset and when they watch this video they're going to be even more upset. >> well, and i've been in conversation with chiefs around the country. we have had several virtual calls and they all want to give our community members space to protest. this video will cause, you know, emotion, it will cause anger and i would say a response that is aggressive to some degree. but what we do want is to make sure that other citizens are safe and that businesses are safe. and i think that's what they're concern is. most police departments have a bandwidth to manage these types of situations. sometimes they can get out of control. so we've been in communication
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and so have some of the other chiefs in identifying and talking to leaders that are leading these various protests so that they can help us manage the protests. >> okay. >> chief davis, thank you for your time. we appreciate it. >> thank you. >> send it back to you guys in the studio. >> that was tom llamas speaking the cj davis. i want to bring in van turner, naacp memphis branch president and memphis city council chairman. councilman, first off, some of the details we just heard police chief davis talk about, even more disturbing than we knew prior. you have not seen the video, correct? >> no, i have not. no, i have not seen the video. >> thank you. i did hear that. we just heard the chief talk about these officers from the outset, they were at a ten.
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it only escalated from there. she was it was horrific, appalling, disappointing. she mentioned the physicality that tyre nichols was in at one point, sitting up, laying down, not in control of his own faculties and there was a delay in immediate care. >> you know, i'm at a loss for words. this is inhumane treatment. this is unacceptable for people who are professionals at their job. i'm just glad that the district attorney's office has brought charges against these individuals and we are dealing with this in such an expeditious manner. >> van turner, the police chief mentioned, again to repeat the words, outside humanity, not even training, and there was an element of group think. this makes me think that it's bigger than just this department. >> yeah. i think so.
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obviously, it's a problem that has to be resolved throughout the nation. legislation was passed. however, we have to look at correct implementation. chief davis talked about a duty to intervene, to render aid, all these things were in place, yet they were not followed. we do have to address the culture. we do have to address implementation of these policies. and you still have the george floyd act which would memorialize some of these things from a federal standpoint and is yet to pass congress. there's still much work to be done. we sit here today having to deal with an issue that we saw back in 2020. and we thought we put in legislation and policies to prevent these kinds of things have happening again, and yet they continue to happen. so there's still a lot of work to do. that's why protesting is
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appropriate. but we want to do is peacefully. but there's still much, much work to do around this issue here of policing the right way. >> chairman jones, you said at a recent council meeting to the public that the council has no say in how the police department is communicating to the public. what do you make of what feels like almost a media blitz from leaders to the community, talking to the media, prefacing the video? why not just release the video now? >> like i said, council has no control over when the video is released. i felt we should have provided some type of commentary, provided updates from time to time, particularly after the officers were fired based upon -- and also after the press conference that took place. i know the fact that the charges were just handed down on yesterday, that could have been part of it. and i'm delighted that that has taken place. but i still think there should have been a greater narrative
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along the way to keep the public informed of what's going on behind closed doors. >> what changes will you be pushing for? >> one of the things that i feel -- general legislation from a council standpoint is written quite broadly. that allows for some leeway when it comes to departmental policies and procedures. what i'm hopeful of is that the council will say, if the police department through their policies and procedures do not go far enough, that the council will be willing to place ordinances that have a stronger standing than policies and practices to address what would be some of the concerns. i'm not a law enforcement expert. i'm willing to have the town hall meetings, to have the listening sessions to see what are some of the best practices across the country for us to implement. >> van, i spoke with former federal prosecutor paul butler at the top of the hour. he said he was actually off put
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by the fact so many are urging people to keep it peaceful. what do you say to that? >> i think that's the correct thing to do. why should we destroy and tear up our city in order to get a point across? it makes no sense. there should be protests. we should demonstrate. we should make our voices be known. but there's no reason to destroy and burn down our city in order to get the point across. that's not where the fight is. the fight is in better implementation of these policies. the fight is in congress. the fight is in making sure that the training, which is there, and that there's psychological support for these officers who are on these squads. i heard chief davis say every eight weeks or so they are set down because of all of what they go through in this type of
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operation. so we need to double-check what's going on with our officers and give them more support. i think one officer had been in trouble for an assault in the correction system. then he had come over to this particular squad. i think there's a lot that we can work on and we need to work on. tearing up the city and burning down the city is not going to be a productive or helpful way to get that done. we have work to do, and there's a way to be constructive about it and to do it in progress of what we're trying to do. >> thank you for joining us. in the next hour, san francisco police are expected to release footage and a 911 recording from the attack of nancy pelosi's husband paul. josh lederman joins me with more. what can we expect to learn once
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this is released? >> reporter: we expect to see exactly what those two officers saw when they end the pelosi home. that bodycam footage expects to -- it will show him hitting paul pelosi fracturing his skull. we will hear the 911 tape. according to court documents, paul pelosi is trying at the same time to avoid antagonizing his intruder, but also to signal to 911 that he needs help and something is amiss, using phrases like, he is telling me to get the hell off the phone, and he says everything is fine but i've got a problem. the defense and prosecution had raised concerns about this evidence being released to the public. but a group of media
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organizations, including nbc news, asked the court to release it, making the point that a lot of this was played in a public court hearing. we didn't get to see it, but it was part of the evidence introduced at that hearing. the judge has agreed, and we expect in 15 minutes that will start to be distributed to the media. nancy pelosi, the former house speaker, she says she's unsure whether she's going to have the ability to see it herself, given how traumatic that could be. but she does say her husband is continuing to make progress in his recovery, although she says it could be another three months until he has made a full recovery. >> josh lederman, thank you. does that it for me this hour. "andrea mitchell reports" starts next. tchell reports" starts next you can make it even smarter. now ports can know where every piece of cargo is. and where it's going. (dock worker) right on time. (vo) robots can predict breakdowns and order their own replacement parts. (foreman) nice work. (vo) and retailers can get ahead of the fashion trend of the day with a new line tomorrow.
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right now on "andrea mitchell reports," breaking news in tennessee. memphis and the nation brace for tonight's release of footage showing what a top state investigator is calling the absolute appalling police beating of 29-year-old tyre nichols, leading to his death. san francisco video court is making video and audio of the attack on paul pelosi available to the media. good day. i'm andrea mitchell in washington. moments from now we will hear from the civil rights attorney and the president of the naacp

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