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Reaction to Cleveland Police Officer's Acquital on Involuntary Manslaughter Charges; Protest in Cleveland After Officer's Acquittal; Justice Department to Investigate Cleveland Cop Case. Aired 12-1p ET

Aired May 23, 2015 - 12:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


FREDRICKA WHITFIELD, CNN: Here is his verdict.

(BEGIN VIDEO CLIP)

JUDGE JOHN P. O'DONNELL: I therefore find the defendant not guilty of counts 1 and 2 as indicted. The state did prove the lesser included offense of felonious assault on both counts by demonstrating beyond a reasonable doubt that the defendant knowingly caused serious physical harm to both victims, but the defendant proved by a preponderance of the evidence that he is legally excused from liability for those crimes.

Because he cause the serious physical harm of the victims in constitutionally reasonable effort to end an objectively reasonable perception that he and the others present were threatened by Russell and Williams with imminent serious bodily harm.

I therefore also find the defendant not guilty of felonious assault of the lesser included offense on both indicted counts and the defendant is discharged. Thank you.

(END VIDEO CLIP)

FREDRICKA WHITFIELD, CNN ANCHOR: All right, you see there Cleveland officer, Michael Brelo, tearfully relieved there as the judge said he is legally excused from liability, a verdict not sitting well with many people there in the Cleveland community.

That's why so many have taken to the streets. Many were rig outside the justice center and have now taken their protests in the streets.

Our Ryan Young is also there in Cleveland. Ryan will also be joined by a host of great legal minds here, Walter Madison, Joey Jackson, Avery Friedman in a moment.

But first set the stage for us. They're all poised and ready. Ryan, set the stage for us and give us an idea what people are saying and where they are taking their protests.

RYAN YOUNG, CNN CORRESPONDENT: Well, you know what, right now this protest is sort of muted itself. If you look behind me, you can see the small crowd that's left here. It was a lot larger about a half- hour ago. A lot more passionate with people in the street. We did see family members from both of the people who were shot in that car. One of them joined us live here on CNN to talk about how they have a mistrust for the police department.

But to set the scene and sit there in the courtroom as we were doing, I was watching Michael Brelo, most of the time his foot was tapping while the judge was talking. You could see how he was sort of nervous before this judgment was read.

Then the judge did something that we're seeing over and over now. Kind of a changing of the court system where you see the judge come from behind the bench and actually explain and talk about all the shots that were fired and went through that without a reasonable doubt that he could not show that Michael Brelo had fired shots that would have looked like they were going to cause involuntary manslaughter.

There were a lot of people in the courtroom who were paying attention to this because obviously when you see him going through that detailed description of what happened, you get an idea that this judge wanted to make sure the community understood his ruling.

In fact, he looked at the courtroom and said, he wanted to make sure that the mistrust that is in the black community for the courtroom is not something that spreads in terms of just this case.

He wanted this case to be looked at just as this one, not something attached that Ferguson, not something attached to Baltimore or Charleston. He mentioned these cities by name.

As I step out of the way here, this is also the jail facility. We can now hear people, inmates who were beating on the windows and people who are in this protest are screaming out loud.

But we tried to walk outside. There were people who were obviously wanting to have their voices heard. They started yelling. At one point they pressed towards the justice center. Officers standing by here came out and decided to flank the building.

They're still here. No one can go inside the justice center. It did remain peaceful. Throughout the city we haven't seen the large number of officers that you think you may see.

In fact, the chants and everybody who was marching before seemed to have sort of gone away for now. We're told later on there will be another march but not sure of that location just yet -- Fred.

WHITFIELD: So Ryan, what's interesting, too, is when the officers came out with their riot gear, they were met by protesters right outside the door. Then they retreated as if to say, we're here, we're not going to stand in the way of your protests or even show any signs of intimidation. But we're here.

Then they retreated inside so it seems that that is still the case right now. No presence of the heavily armored police officers right out there among the protesters, right? YOUNG: Well, you know, so far, so good. I'll just walk this way, and show you this. You have a police car is right here. You will see officers casually standing by. There's not that sort of back-and- forth in the officers' face, yelling at them.

This seems to be more of a concentrated effort where people are standing in the middle of the street. Officers are fine blocking the road here and allowing people to protest in the street here.

Once again I have heard people say they are going to take to the streets and try to block traffic in other places. So far that hasn't happened. We have heard there is a command center set up in case anything takes place this evening.

But everyone here seems to be not only peaceful but sort of like you can hear the tone has gone away. Chanting is not going on here, nobody being sprayed with pepper spray or no one being arrested so far -- Fred.

WHITFIELD: And then quickly, Ryan, is there a final destination for many of the protesters who have taken to the streets who are walking in these downtown streets?

[12:05:00] YOUNG: You know, we tried to ask that question. It doesn't seem like they are a coalition so no one seems to know what's happening next. Checking Twitter, seeing what people have been reacting to, to see if there's something planned for later.

I know a lot of people were worried about their professional games tomorrow. There is eastern conference finals with the NBA. I think the Indians are playing. There was talk maybe people would go protest outside those games.

Now I want to tell you that community leaders here have been working with weeks for people to make sure this was calmed down, to make sure people remain peaceful.

Everyone had even been saying they don't want this to be the next Ferguson. They don't want this to be the next Baltimore. So those words have been said throughout the community.

You can there's been a lot of effort put in place to make sure things are really buttoned up here especially with the judge taking all that time to explain this. People are not happy about this, ones who are here.

But you can obviously understand it is a divided community when it comes to this decision because there are going to be some people are going to side with the officers who were involved in this case.

WHITFIELD: All right, Ryan Young, thanks so much. We'll check back with you.

Joining us right now is Democratic Congresswoman Marcia Fudge on the phone with us. Congresswoman, give me your response to this verdict and what you think is next. REPRESENTATIVE MARCIA FUDGE (D), OHIO (via telephone): Well, first off, thank you for having me. Let me just say that certainly I'm disappointed by the verdict. Being an attorney, I understand how the judicial system works and I listened to the way that the judge detailed it, and I respect his opinion, I just happen to disagree with it.

Clearly, I think that as we talk about his determination that there had not been proof beyond a reasonable doubt. I think that's probably right. But what happens in our community is that some people get the benefit of the doubt and others do not.

I mean, we have an officer who received the benefit of the doubt where too often people in the African-American community do not so we are treated very, very differently by the judicial system.

And it is unfortunate that we are at a time in this country when these racial tensions are so high and when we can have a court verdict that once again holds no one accountable for the death of two unarmed African-American people.

I think what happens going forward is that there will be those who will express their disappointment and their anger. I hope that they do it in a very productive and peaceful way.

I want to hear what they have to say and I would hope that our communities, our police officers, our mayors, would want to hear what these people have to say as well because they are all people we represent.

I want to hear their voices. I just want them to do it in a constructive and productive way.

WHITFIELD: And speaking of the mayor, we understand the mayor will be speaking at 1:00 so we will take that live. Meantime, just to reiterate the sentiment that you just expressed here live, earlier you released a statement and saying this in written word.

"The verdict is another chilling reminder of a broken relationship between the Cleveland Police Department and the community it serves today. We have been told yet again our lives have no value.

By any measure, firing of more than 100 rounds of ammunition by the Cleveland Police Department toward two unarmed citizens was extreme, excessive and unnecessary."

While you say you do respect the opinion of the judge, you say you are disappointed and you talk about that benefit of the doubt. So moving forward in your view, do you see a real push for reform so that, as you see it, the benefit of the doubt is extended not just to police officers but to citizens?

FUDGE: Absolutely have to see that -- you know, we have to hope that we can make a change. Any time a community -- weeks ago our community said he would get off. I mean, there is so little confidence in the judicial system in this country as it relates to color and people who are poor.

That if we don't find a way to build some confidence, we are going to have more and more of these situations, and then I think that we will see more and more anger.

We have to find a way to reform the system. We talk about criminal justice reform all the time in Washington. We have to make it happen and we need police officers as well as the citizens to come together to try to make it happen.

WHITFIELD: All right, Congresswoman Marcia Fudge, thank you so much for your time. Appreciate it.

FUDGE: Thank you.

WHITFIELD: We'll have much more on this breaking news right after this.

(COMMERCIAL BREAK)

WHITFIELD: All right, welcome back. Breaking news right now, while in Cleveland, some people have taken to the streets expressing their outrage, their disappointment, in a judge's decision of a not guilty verdict for Cleveland Police Officer Michael Brelo in the shooting deaths of two unarmed people in their vehicle, we also have some analysis right now of the case and why the judge rendered this decision, the justification that he made.

Walter Madison is an attorney in Cleveland. He happens to represent the Tamir Rice family. He's with us now here in the Atlanta studio, Joey Jackson in New York, our CNN legal analyst, and Avery Friedman also in Cleveland joining us now, and momentarily will also be met by CNN law enforcement analyst, Cedric Alexander.

So let me begin with you, Avery, because we heard from the congresswoman, who said, Marcia Fudge, just moments ago. She said there is a benefit of the doubt extended to police officers customarily in so many police related shootings.

But the same does not go for the victims who are mostly black in communities -- in black communities where circumstances are very similar to what we saw here in the Michael Brelo case.

Does she make a good point in that reform has to come not just within the police department, but community as a whole, municipalities, in state, in law enforcement as a whole?

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Well, she's right conceptually. I think what a lot of the politicians have been missing is there will shortly be a plan in place in dealing with excessive force, coming out of that 55-page Justice Department report.

And it is through the United States Attorney's Office, through the Department of Justice, Civil Rights Division. Ultimately there will be a consent order in which there will be oversight over the department and it will address community policing. It will address relations between the police and the community. And on top of that, Fredricka, there are going to be thousands of greater Clevelanders shortly downtown, if not within a day, within a day or two representing black and white churches and community organizations rallying for peace.

So both in terms of the community itself and the federal government, Justice Department, U.S. attorney, we are going to see some changes so something like Michael Brelo will never happen again at a community like this.

WHITFIELD: Joey, in New York, here you have this decision after a two-year investigation from the Justice Department, and then just days later you would have a decision that we saw this morning.

[12:15:05] Clearly the Justice Department study did not impact or in any way influence this judge. The judge said especially based on the medical examiner's testimony and report it was difficult to discern from whom's bullets caused the fatal blow to these two people.

JOEY JACKSON, CRIMINAL DEFENSE ATTORNEY: That's right, Fredricka. Of course, the other part of this decision -- it was really in three parts. The first part in saying not guilty as to the manslaughter was saying there is a causation issue.

To the extent that I don't know that Brelo fired the fatal blow I find him not guilty, and then of course the second part saying, you know what? The people have established, that is the prosecutor, beyond a reasonable doubt that he engaged in felonious assault.

That is the intended to seriously injure, but the third part I find that he was justified in doing so. So I think that's what causes the real community concern.

And that is, you know, if an officer is at risk for his life, can he shoot. There is an awful lot of discretion officers have in patrolling the street. That's where I think the broader discussion needs to lead to.

How should that discretion be used? Certainly police officers keep us safe, they fear for their lives, but those split second judgments can take lives of unarmed people.

So when you foster a dialogue, Fredricka, between the community, between the police, between clergy, between elected officials, if you can bridge the gap of trust, if you can have officers do community policing, respecting the police, absolutely, but police respecting the community.

I think it can go a long way at preventing instances like there from happening moving forward.

WHITFIELD: So CNN law enforcement analyst, Cedric Alexander, is now joining us in the conversation as well. When you hear the judge -- good to see you, when you hear the judge say that he was legally excused from liability and also underscoring that when an officer's life is in jeopardy, force may happen. And in this case it did.

But what do you suppose a verdict like this especially when you are talking about two unarmed citizens in their vehicle, a judgment like this. How does it impact the relationship between the community and police not just in Cleveland but now nationwide?

CEDRIC ALEXANDER, CNN LAW ENFORCEMENT ANALYST: Well, I think it is going to be hard for the general public to understand exactly what that means.

WHITFIELD: How do you interpret it?

ALEXANDER: And how do they interpret it you should the circumstances. Well, quite frankly, not being a legal analyst, but being able to say from a law enforcement perspective I think in some ways I get it.

But the laws vary from state to state of course. But in this particular set of circumstances, I think that what we're going to need to do, Fredricka, is make sure that people in the public understands what this means.

WHITFIELD: There are protesters in the streets, these citizens saying we don't understand this. How do you justify -- how do you listen to testimony and hear the evidence that an officer, 1 of 13, gets on the hood of a car and unloads and in the end 137 bullets fired, two people unarmed.

ALEXANDER: What you just asked is very loaded. It is loaded in this sense. If you look at the circumstances of this case, the high drama of it, number of shots that was fired, police officer jumping on top of a car, firing shots directly into the car with these subjects in it.

And at the same time as well, too, now here we are with a not guilty verdict. That is what the court has deemed. We must respect that, whether we like it or not. We have to respect it. It went through the judicial process. There was due process in this case.

Whatever is to be argued afterward will be argued. But to your question though, I think it is very important that every community, particularly in Cleveland at this very moment, is that community leaders and those that are attached to that community help community folks to understand, here is what the law means as stated by the judge.

People have to get on the ground in that community in Cleveland and again articulate and help people understand what happened here this morning in this case.

WHITFIELD: Does it go much further back? When you talk about as we heard from the congresswoman, Marcia Fudge, who said police officers are typically given the benefit of the doubt and so there is already this standard of going into this case, well, they must have been protecting their lives.

Whereas the two victims in this case, the two people who were in that vehicle who were victims of the shooting, who consequently lost their lives, they weren't given that benefit of the doubt.

And so the congresswoman says a message is being sent oftentimes when you have police related cases like this. Then there results an acquittal, the message is sent that some lives matter more than others. There is a certain protection that police officers have.

WALTER MADISON, ATTORNEY FOR TAMIR RICE'S FAMILY: Fredricka, I disagree, Cedric. You know, perception is very important. And quoting Justice Felix Frankfurter, he said justice must match the perception of justice for the people.

[12:20:02] What you see, people do not perceive that they're receiving justice. So much so that our governor has signed executive order developing a commission to bridge the gap between African-Americans and law enforcement.

And it's necessary because we just don't perceive that we're getting the benefit of the doubt or a full justice. Now you take this situation. What people don't understand are the histrionics that go into it.

The decision was made to prosecute one individual for involuntary manslaughter in the state of Ohio although there were many others who, as the judge indicated himself, may have actually set this chain of events which is the death into motion.

But they're not here to stand liability. So based upon what the judge has to consider, he made the decision to acquit. That's understandable. But what the people are being failed in this respect of what charges are being -- all of the officers are being held responsible for.

There could have been other charges brought, other officers to stand trial. Moreover, there were three witnesses, officers who exercised the Fifth Amendment, they took the fifth. State could have given them immunity.

WHITFIELD: Right. So I wonder, Senator, if you can respond to that. It goes back to the prosecutor and they decided there was one person but does that send a message instead of a dozen officers who were involved, one officer.

If that one officer is the last officer on the scene and is facing these charges, that it likely, A, sends a message about the culpability or the involvement of the others or the lack thereof, or it says that this will create a likelihood that this officer will not be found guilty.

ALEXANDER: Well, here's the -- here is real dilemma we're in, we are trying to take this one particular case in Cleveland, which is a grave concern to all of us. I get it. I understand that. But we're ado looking -- we talk about perception.

We're looking at everything that's occurred particularly over the last year following the Michael Brown shooting and so we're looking through this lens of just bad police behavior period. But you really have to look at each case individually. I cannot speak legally to the process itself.

WHITFIELD: Well, the judge brought up all the other cases but really the citizens of Cleveland when they are protesting. They are only talking about this one --

ALEXANDER: Yes and no because they're not immune to the other cases that have occurred across the country, shall or to their shooting there in Cleveland or after. But I think the important thing here now, go back to this again and you're right.

Perception is everything, but perception is in the eye of the beholder so I may perceive it one way, you may perceive it another, a lot of that is based on the community you live in, what's your demographic or what your experience may happen to be.

That's what determines a perception so not to save an argument because I'm not going to argue about this. My point is very clear here, is that what we have in Cleveland at this very moment is a community that must be talk to by its local leadership so that people have an opportunity to better understand what happened in that judicial process there in Cleveland.

WHITFIELD: OK, I want to bring in Avery and Joey. They are still part of this conversation too, Avery in Cleveland, Joey in New York. So Avery, based on what you're hearing in this conversation, is there problem that is systemic? Is it a problem of perception in your view or is it something else?

FRIEDMAN: Well, I think perception is a critical part of it and actually, that's part of the 55-page civil rights Justice Department report. Unless there is community understanding, police are not going to be effective.

The focus in the report in terms of what is on the horizon is better police -- community policing and a number of mechanisms that will connect up and an understanding to try to neutralize a negative perception.

Look, there are bad cops, there are bad lawyers, there are bad everything. But the bottom line here is that there has to be a plan. And as I mentioned to you, the greater Cleveland congregations churches, they will all be downtown addressing a rally of peace.

And more importantly, in terms of solving the problem, the fact that the U.S. attorney and the Justice Department are essentially going to hold on to the police department and bring about those changes will have lot to do with changing perception.

WHITFIELD: So Joey, you know, all of these words are great. There are, as Cedric put it, there are so many different ways in which to look at it. But the bottom line when you hear from those protesters in the street, the interpretation is here we go again, another police involved shooting, unarmed people, dead, police officer walks.

JACKSON: That's right. And that's what's really fuelling the larger debate and larger discussion about policing, about community, about bridging the gap, about what the congresswoman said about the issue of trust.

[12:25:10] We know he's going to get off because that's how the community fells and so when you get to that level you know something is amiss. But, Fredricka, whenever you talk about the issue of perception, the problem is that in the law perception is reality.

Why, because it comes down to an officer's judgment on that street. Do you perceive there to be a threat? Well, if you perceive there to be a threat, that is your reality and then as your response proportionate to that threat.

And so it comes down to training. It comes down to knowing the community. It comes down to community respecting the police and the police respecting the community.

WHITFIELD: Well, how in the world does any of that going to be corrected or fixed? I mean, that just seems -- that's just colossal. We are talking about what people are conditioned to believe or see, when they see someone, Avery, and just as Cedric put it, it varies as -- personalities vary. People vary. Everyone going to see someone differently and interpret it -- OK, go ahead.

ALEXANDER: I think we're at still at a starting place in this country is that we're going to have to find that beginning because very simply, police needs, community needs police. So, yes, it seems like one big heavy lift of all this that continues to come one right behind the other.

Today in the minds of many people, certainly this is not going to reflect that law enforcement as a community is moving forward. It is a challenge that we have to overcome, but reality of it is that we have to move towards that.

The whole idea, quite frankly, behind the whole 21st Century task force, if you were to look at that document, and I encourage people in law enforcement across this country to go to that website on the Department of Justice, pull that document down, and read it.

Because in there is a road map to help us get in this country where we need to be. It is not the end all, the be all, but it is a jumping- off point.

WHITFIELD: Hold it right there, because we're going to take a short break. I want to pick it up just right there when we come right back right after this.

(COMMERCIAL BREAK)

[12:30:55]

WHITFIELD: Welcome back. Reaction is pouring in now to the not guilty verdict rendered for this Cleveland police officer right here, Michael Brelo. You'll see in a matter of moments he will be reduced to tears when the judge issued not guilty on two counts of voluntary manslaughter in the deaths of Timothy Russell and Melissa Williams back in November 29th of 2012. They were in their vehicle when more than 130 shots were fired by 13 police officers in all killing those two who were unarmed. But in the end, it was one police officer, Michael Brelo, who faced two counts of voluntary manslaughter and the judge said not guilty.

Now we have reaction from Timothy Russell's sister, Michelle. This is what she said moments ago.

(BEGIN VIDEOTAPE)

MICHELLE RUSSELL, SISTER OF SHOOTING VICTIM TIMOTHY RUSSELL: So all of that then the police has drummed up a story about the gun, about using the car as a weapon, that is not true. I know that 100 percent is not true.

And for the judge and for the court and the police to keep relying strictly on the story from the officers is not fair. It is not fair to my family. It's not fair to Tim and Melissa because there is another side to this story which never came out.

We're only looking at what the officers have said. It's never dawned on anybody in the courtroom or the judge that maybe these officers aren't being honest. Maybe they're not being forthcoming. Maybe their story is not true.

And I just -- I mean, that really hurts me because when he got up there, it made it sound like Officer Brelo did everything that he was supposed to do and he did it right.

But I know that he couldn't have. He didn't. I feel like they were chasing after Tim and Melissa that night. They were angry. You can't tell me that those officers were not angry at the fact that Tim and Melissa did not pull over.

Now whatever reason they didn't pull over, we don't know. But what I can say is that it -- they did not deserve to die for fleeing and eluding. That's not a death sentence. So we don't know why they didn't pull over, but I can tell you what I do know.

I know that those officers were upset. Adrenalin was flowing. By the time they reached, caught up to Tim and Melissa in that parking lot, they simply let them have it.

And that's why you see 65 cars chasing after two -- just one with two people, one car. You got 65 officers involved. That makes no sense. The reason being is because they had mob mentality.

They were after them with a vengeance and once they caught up to them, that's -- you heard an officer make a comment, it's cowboy and Indians now. Why would you say that if you don't have malice or intent in your heart to do harm?

They knew that night that once they caught up to Tim and Melissa that they were going to let them have it and that's exactly what happened. There was no pause or warning, put your hands up, get out the car, get on the ground. They didn't offer any of that. They simply got out and started shooting. That's what happened.

(END VIDEOTAPE)

WHITFIELD: All right. Emphatic there, Michelle Russell, the sister of Timothy Russell. He and -- Timothy Russell and Melissa Williams were in that vehicle unarmed and they were shot to death. But the judge this morning said it was difficult to discern, which bullets caused the fatality of these two.

And thereby helping to justify that Michael Brelo, the Cleveland police officers, the only one of 13 police officers, who fired shots, he was found not guilty of voluntary manslaughter. The judge saying he was legally excused from liability.

But you're hearing from Michelle Russell there who says -- we were talking about it earlier with our panel of experts -- the benefit of the doubt. The officers had their version of accounts but those two people, who died weren't able to articulate their version of events.

So back with me now, an incredible panel we have with us. Walter Madison, a Cleveland attorney, he also happens to represent the family of Tamir Rice, Joey Jackson in New York, our CNN legal analyst, and Avery Friedman, also in Cleveland, and with us now, CNN law enforcement analyst, Cedric Alexander.

[12:35:12] So if we can kind of pick up where we left off because perhaps it's a perfect segue way into perception. She talks about the perception of the police officers saying it is like cowboys and Indians.

There is a perception with that along with the benefit of the doubt. She underscored that point that you two were about to have an exchange of words on, which is the officers have their account.

Michelle Russell says they were not honest. And it was not fair. Pick up from where we left us, Cedric. You were making the point about perception and what it is to be an officer in a situation like this, split-second decisions.

Then Walter, I want you to pick up from where you were about to pick up earlier.

ALEXANDER: Well, clearly, one of the issues that's been long standing in Cleveland and many cities across America, but in this case Cleveland this morning, this afternoon, Fredricka, is this -- is that there has been a lot of discontent and separation and not a relationship between that community and that police department.

That has been long standing. As you may well know, they've been under watchful eye of the Justice Department for a number of years now. So there is a lot of work in Cleveland that's going to have to be done moving forward.

Because with a statement such as cowboys versus Indians is made, that is just not the type of statement you make in the day of the 21st Century in any regard. WHITFIELD: Hold it right there. Walter, again, just when you are about to express yourself, this is the prosecutor of the county who imposed these charges had this to say.

TIMOTHY MCGINTY, CUYAHOGA COUNTY, OHIO PROSECUTOR: -- whether there is a confrontation. Police now are the ones forced to deal with the mentally ill and disturbed and out of control daily. Exhaustive specialized training protocols and additional police officers are need.

Recent cases and lawsuits in this city alone have shown us that there is a need to improve our performance and capability there. It will be cost-effective in a long run when we look at our lawsuits that have been paid out, the -- just the confidence, and just the fairness, and just the humanity of it, in not killing the mentally ill when it is avoidable and recognizable, and when the hints and the signs are there.

In the aftermath of this incident, Mayor Jackson wisely invited the Department of Justice back to Cleveland to evaluate its divisional place. These discussions and negotiations continue.

But the end results should be a better trained police force that looks to de-escalate dangerous situations, build bridges to the community and embrace a new culture of accountability.

Let me say at this point that no one appreciates or loves the police more than prosecutors. Every time I drive through the graveyard I think of the burials I have been to and the friends I have lost and the people who have dedicated their lives to the city.

Sometimes lost their lives in the line of duty. Do not mistake this for some antipolice prosecution. This is a pro-police prosecution, pro-citizen prosecution, and I appreciate are the support that I have received from the great number of police, on the job and retired, throughout this effort, who recognize that this will make a better police department if we had better discipline.

If we have better supervision, better training and more number numbers as they are seriously understand. Cleveland has agreed to have an independent police agency handle future use of deadly force investigations.

This office encourages all cities in this county to do likewise. We are looking at patterns across the country. We have patterned from taking cities in the southwest as our actual pattern. We've already done it successfully.

The Cuyahoga County sheriff has agreed to assume this important responsibility for Cleveland and a task force has been formed to handle this use of deadly force investigations. We appreciate the funding of Cuyahoga County and the executive boost this has provided this.

This is an expense to the country and a great expense to form this task force and to do these independent these investigations. You have seen from this trial and others that it takes a great deal of time and investigation to do the scientific and other investigation necessary to examine a case.

The city of Cleveland agreed to use the Ohio Bureau Criminal Investigation to independently investigate this heritage middle school case. The Bureau of Criminal investigation did a tremendous job at great time and expense.

[12:40:02] At times there were 25 to 40 individual detectives working on this case. I want to personally thank attorney General Mike Dewine and his commitment to justice. It is greatly appreciated.

He has shown a commitment to justice throughout this state. He's been a great attorney general. He has shown his commitment to -- he's been like no other attorney general in my lifetime.

And he has demonstrated money, commitment, time and manpower to prosecute whether it be deadly force cases or the rape kit cases which he's made Ohio the leader in the nation in solving these untested rape kits.

Lesson number nine. Better laws can discourage felony high speed failure to comply chases and their subsequent violent endings by proposing higher and mandatory penalties on offenders.

We also need laws that mandate safer and we have done in the past, I've led a law in the late '90s that made some mandatory penalties. That's since been reduced. We are seeking to have the higher penalty re-imposed.

We also need laws that mandate safer policies and more accountability from police departments in high-speed chases. It creates accountability and incentive. These laws will reduce the dangers to innocent motorists and to other police officers.

Nearly a person dies a day in America from these high speed chase and we've never seen a high-speed chase like this before. Lesson number ten, the final lesson I'll cite today that we appreciate, strong leadership and sound decision making within the police department by those sergeants and lieutenants who are actually in the field and have responsibility to call off unduly dangerous pursuits is absolutely essential.

They have to have control. These supervisors must carefully weigh the risk to the public versus the real danger imposed by a fleeing suspect. Can police identify the offender by other means via license plates?

Is this a traffic ticket or a murder he's fleeing? Is it day or night, light or heavy traffic? The distance covered, the speeds, et cetera. Most important, is the offense or offender being chase worth the real risk of killing innocent civilians or other police.

These are difficult decisions that must be made in the field. That's why there's rules and regulations regarding numbers of officers that can be involved and how closely they should be monitored. Each individual police officers can call off his or her own chase. In this case many officers did and we appreciate the fact and it should be noted that police officers and leaders in the first, fourth and fifth districts refused to allow its own cars to join this massive chase that grew out of control on November 29th.

Going forward, the policy this office will continue to be all use of deadly force cases by police in Cuyahoga County will be reviewed and decided by the grand jury, as was this case.

After a complete and thorough investigation, the results will be presented to the grand jury and any additional evidence from the grand jury -- grand jury's desire to have additional evidence will be obtained and presented to them as requested.

If they, that grand jury, believes that the civilian death at the hands of the police was not a justifiable use of deadly force under Ohio law, and the guidelines created by the Supreme Court of the United States, then the grand jury will bring charges against those involved and we will prosecute.

This ultimately in all cases -- or thus ultimately in all cases, the decision will go back to the people. It is also the policy of this office to make public the independent investigations of police actions. We did so in this case with the BCI investigation, a voluminous accounting of the investigation.

Our pursuit of justice for Timothy Russell and Melissa Williams is not over. Five Cleveland police supervisors have been charged with dereliction of duty by the grand jury and will be prosecuted by this office for failing to control the reckless and potentially deadly police chase that ensued in this case.

We look forward to presenting another vigorous prosecution on behalf of the state of Ohio, the people of Cuyahoga County and the victims' families.

Today's verdict is part of a sea of change that began over two years ago with this case and others across the nation. This case prompted the United States Department of Justice and Governor John Kasich and the Attorney General Mike Dewine to investigate the patterns and practices of police departments including Cleveland's around the state.

These investigations have highlighted areas where help is needed or deficiencies exist, including training, accountability and transparency although not fully implemented, changes for the better have already begun.

[12:45:02] This is a different country than it was 2-1/2 years ago on November 29th. The Department of Justice investigation continues and we are confident practices will improve and benefit the city of Cleveland from whatever the results of their findings and agreement is.

Our goal is to improve the quality of justice that our citizens receive. This tragic experience has already forced a culture change within the division of police and a needed reexamination the use of deadly force.

The end result will be less secrecy, additional transparency and accountability. Citizens and police themselves will be the safer for it. This was a challenging case, no doubt. But I would not hesitate to do it again if the facts and the law demand it.

I was proud of our effort to seek justice in this case and we will continue to seek justice on behalf of the people. I am -- I do not want to answer questions that are sought to inflame the situation.

So I will entertain questions through e-mails. And if anybody has an e-mail, we will carefully respond to it. I thank you for covering this case. Joe Frolic will give you the e-mail address to send it to. And I thank you very much and conclude this press conference.

WHITFIELD: Interesting. That from the Cuyahoga County, Ohio Prosecutor Timothy McGinty, who said today's verdict from the judge rendering a not guilty verdict of voluntary manslaughter for the Cleveland Police Officer Michael Brelo, he says, this represents a sea change.

And he says that there have been changes for the better that have already begun in Cleveland especially as a result of the Justice Department's investigation. However, he was not going to entertain any questions. He says any questions have to come to him via e-mail.

And then there will be follow-up. We'll follow up with a healthy discussion with my legal and law enforcement analysts right after we take this short break.

(COMMERCIAL BREAK)

WHITFIELD: All right, welcome back. Breaking news we're following. A not guilty verdict for a Cleveland police officer involved in the shooting deaths of two unarmed passengers of a vehicle.

Now you are looking at the set-up of a press conference that will get under way 10 minutes from now involving the mayor of Cleveland, Frank Jackson.

We just heard momentarily from -- actually you're seeing live pictures again. These are protesters who are taking to the streets who are expressing their dislike.

They are upset about this not guilty verdict found today expressed by the judge in the case. Michael Brelo waived his right to a jury trial and instead said judge only, and the judge rendered his not guilty verdict today.

This on the heels of the Justice Department investigation, a two-year investigation looking into the practices of Cleveland police saying a lot of work needs to be done.

You heard from the prosecutor of Cuyahoga County who said today's verdict and this case represent a sea change. Following that Justice Department investigation and now we are also hearing the Justice Department will review the testimony and the judgment of this case.

And for that let's go to Washington, D.C. where Athena Jones is on that. Athena, tell us more about what will happen from that review.

ATHENA JONES, CNN CORRESPONDENT: Hi, Fredricka. We haven't yet heard a comment from the White House here, but as you mentioned we did hear from Benita Gupta, who was the head of the Justice Department's Civil Rights Division.

Here's part of what she has to say. "We will now review the testimony and evidence presented in the state trial. We will continue our assessment, review all available legal options and will collaboratively determine what if any additional steps are available and appropriate given the requirements and limitations of the applicable laws in the federal judicial system."

So that tells us that they are certainly looking at this. We also note from that same statement that the U.S. attorney's office, the FBI and the Civil Rights Division of the Justice Department have been following this case, monitoring this investigation since it began after those events back in November of 2012.

One thing I want to add that you mentioned, Fredricka, is that we already know late last year that a two-year investigation into the Cleveland Police Department by the Justice Department found a pattern of excessive force. This is all coming in that context.

That's part of the reason you are seeing some of the protests. This is of course an issue that's really come to the forefront in recent weeks and months, years really, when it comes to a series of events, whether in Baltimore or Ferguson, Staten Island, New York.

And now here issues over accusations of use of excessive force by the police. A lot of distrust of the justice system when it comes to dealing with that -- Fredricka.

WHITFIELD: And so Athena, is that the feeling? This is not customary that the Justice Department would investigate a case following a verdict all of the time. But is it doing so particularly because there was already the Justice Department probe of Cleveland police.

JONES: Well, it's unclear right now what all of the reasons are, but we do know that this department was under scrutiny. So it is not entirely surprising that the DOJ would say, look, we're going to review this.

That review may not result in further action, but they know that this is an issue that needs a lot of attention. You mentioned this was after the verdict. Of course, we saw recently in Baltimore that even before any trial has taken place the mayor there asked for the Department of Justice to get involved in investigating that city's police department.

So this is an issue that is very much on the minds of not only folks here at the White House, but also of course, at the Justice Department and in the cities where these problems are taking place -- Fredricka.

WHITFIELD: OK, Athena Jones, thank you so much. Again, we've been hearing from people, relatives of the two unarmed people who were in that vehicle. We've been hearing from them all morning long after the judge rendered that decision. Here more is now of an interview with one of the family members.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: No violence, no hate. You know, accept the verdict that Judge O'Donnell said. But you know, just keep violence down and if you want to march or whatever, protest, do that, but no violence. Please.

I know that's something my brother would want because he used to get on me sometimes saying, don't do that, don't do that. I used to be the hard-headed one and the rough one in the family.

[12:55:02] They used to always come to me when there was a fight or anything. Tim the one got me to go church. He changed me inside. So -- and I see. God said if you only let me come into your life and change your ways, you know, you'll be a better person.

I've done that because I've been a lot of stuff, also. Dealing with the police and running from them on my motorcycle, doing all kind of things. But after that I gave myself to God and he really is the light of my life.

(END VIDEO CLIP)

WHITFIELD: This family is distraught. That's the brother of Timothy Russell. He and Melissa Williams were the unarmed people in that Chevy Malibu vehicle which ended up bring target practice -- that's the description that Michelle Russell actually gave, the sister of Timothy Russell, on that November 24th.

And today the judge rendered a not guilty verdict for voluntary manslaughter in the deaths of those two unarmed people. We want to continue our conversation now about what next, how the judge came about this decision, the legal road ahead.

Back with me now, a very sizable panel. We may have to interrupt because about 4 minutes from now we understand the mayor of Cleveland will be taking to the microphones. At least that's the schedule of events.

Walter Madison, attorney in Cleveland, back with me now here on the set, a CNN law enforcement analyst, Cedric Alexander also with me here with me on set and then in Cleveland, Civil Rights Attorney Avery Friedman, a usual face here -- no, Avery, I'm sorry. OK, Joey Jackson in New York with us. Will criminal defense attorney, Richard Herman be with us? He's no longer with us.

We've got three incredible minds with me now, Walter Madison, Joey Jackson and Cedric Alexander. Let's talk about first this Justice Department now probe, Joey, you first. We heard from Athena. The Justice Department has already completed a two-year investigation looking into the practices of Cleveland police. And now they will be looking into the testimony, the real path of this verdict today.

How unusual is that or is that expected given that they had already investigated Cleveland police?

JACKSON: You know, Fredricka, I think this will be the new normal just based on the climate throughout the country concerning police activities and citizens. And really to restore some sense of public trust so that the public knows that law enforcement is really looking at these matters with a fine tooth comb.

Understand, as you mention, the prior investigation from the civil rights division was based upon the pattern and practices of the department itself. This will be specific as to Brelo's conduct and make no mistake about it, what the standard is, is very high.

You would have to show in any civil rights prosecution, should that be the case after the investigation, Fredricka, that there was an intentional deprivation of a civil right. Certainly we have the civil right not to be having used of force that are excessive imposed against you as a citizen.

So they'll be identifying was this use of force appropriate. If it was not appropriate, was it predicated upon some act that was intentional, willful and malicious? That will be the standard and we'll have to wait and see how that investigation unfolds in the months and maybe even longer that lie ahead.

WHITFIELD: Cedric, what are the implications in your view that this probe, this second now probe involving Cleveland police would happen at this juncture after a verdict?

ALEXANDER: Well, it is unfortunate for Cleveland, but they continue to seem to find themselves in this position. I think it goes back to what we heard earlier presented by the prosecutor there and which I've been saying for are a number of months.

We got to better train our police officers, we got to do a better job in our selection process. We can't continue to close the barn door after the horse has already gotten out. We got to fix some of these issues.

WHITFIELD: It doesn't sound like a Cleveland problem then. You talked about the 21st Century Task Force. That's nationwide. How is it, why is it that so many police departments across the country need new training, need updated training? How is it the case that so many would have so many questions surrounding whether they're doing the right thing?

MADISON: It's disingenuous, Fredricka. If I may, I challenged our county prosecutor on his own words, transparency, less secrecy and reform. Well, I wonder if there will be a release of the grand jury transcript. But in terms of reform, the secrecy of this grand jury process has to change. We have a video --

WHITFIELD: It might be to the Justice Department, but you're saying that it wouldn't be released to the general public.

MADISON: He can do that if he chooses. The judge can do that. We have a video in this Tamir Rice case. He died today six months ago.

WHITFIELD: You are representing the family.

MADISON: That's correct.