[ APPLAUSE ]
>>> GOOD MORNING, EVERYBODY. GOOD MORNING, EVERYONE.BODY.
GOOD MORNING, EVERYONE. WELCOME TO THE PROGRAM.
IM MEGYN KELLY.
WE BEGIN THIS MORNING WITH A NEW
DOCUMENTARY SERIES, SHINING A LIGHT ON FATAL MRILS ENE ALAL PO
ENCOUNTERS.
ENCOUNTERS.
ENCOUNTERS THAT HAVE SPARKED NUMEROUS PROTESTS AND CHANGE
AROUND THIS COUNTRY.
THE OBJECTIVE, THE FILMMAKERS
SAY, IS TO CHANGE THE
CONVERSATION.
THE FIRST FOCUSES ON THE DEATH OF ERIC GARNER.ES ON THE DEATH
OF ERIC GARNER. YOU MAY FIND SOME OF THIS VIDEO
DISTURBING.
DISTURBING.
>> I CANT BREATHE.
>> Reporter: THOSE WERE ERIC
GARNERS LAST WORDS, REPEATED 11
TIMES, AS HE WAS PLACED IN WHAT
THE MEDICAL EXAMINER SAID WAS A
CHOKE HOLD.
CHOKE HOLD. ON JULY 17th, 2017, POLICE SAY
THEY APPROACHED THE 43-YEAR-OLD
ON STATEN ISLAND, FOR ALLEGEDLY
SELLING LOOSE, UNTAXED
CIGARETTES.
GARNER DENIED THE ALLEGATION AND
REFUSED TO BE DETAINED. >> I DIDNT SELL ANYTHING.
>> Reporter: LATER THAT DAY,
GARNER WAS PRONOUNCED DEAD AT
THE HOSPITAL.
THE HOSPITAL. SHOCKING EYEWITNESS CELL PHONE
VIDEO OF THE INCIDENT WENT
VIRAL.
AND GARNERS NAME WAS SYNONYMOUS WITH A NATIONWIDE MOVEMENT.MOUS
WITH A NATIONWIDE MOVEMENT. >> NO JUSTICE.
NO PEACE.
NO PEACE. >> Reporter: PROTESTERS
QUESTIONED THE TACTIC USED TO
PHYSICALLY RESTRAIN GARNER.
CHOKE HOLDS ARE WIDELY SEEN AS
EXCESSIVE AND HAVE BEEN BANNED
BY THE NYPD SINCE 1993.
BUT THE PRESIDENT OF THE NYPD
SERGEANTS UNION SAYS THE OFFICER
DID NOT PERFORM A CHOKE HOLD.
>> HE APPEARED TO TRIED TO GET
TO HAPPEN, IS A SEAT BELT
MANEUVER.
MANEUVER.
THE SEAT BELT MANEUVER IS
SIMILAR BUT DOES NOT BLOCK THE CAROTID ARTERY.S NOT BLOCK THE
CAROTID ARTERY. >> Reporter: HE DIED FROM
COMPRESSION OF THE NECK.
A GRAND JURY DENIED TO BRING
CHARGES AGAINST THE OFFICER, WHO
SAID HE NEVER INTENDED TO HARM
GARNER.
GARNER.
THE OFFICER LATER ISSUED AN
APOLOGY FOR HIS DEATH.
GARNERS WIFE TOLD "TODAY" -- >> THE TIME FOR CONDOLENCE WOULD
HAVE BEEN WHEN MY HUSBAND WAS
GASPING FOR AIR, ASKING THEM TO
LET HIM BREATHE.
>> TWO SIDES LOOKS AT FOUR
HIGH-PROFILE CASES FROM THE
PERSPECTIVE OF THE VICTIMS
FAMILY AND LAW ENFORCEMENT.
WITH ME NOW IN THE STUDIO, ERIC
GARNERS MOM, GWEN CARR, ALONG
WITH THE EXECUTIVE PRODUCER OF
"TWO SIDES."
"TWO SIDES." WELCOME TO YOU BOTH.
>> THANK YOU.
>> I WANT TO START WITH THIS.
I WATCHED THE EPISODE ON ERIC
GARNER. JULIUS, WELL DONE.
WHEN YOU SAY TWO SIDES, YOU MEAN
IT.
IT.
IT WAS FAIR, IT GAVE BOTH PERSPECTIVES AND REALLY MADE YOU
FEEL SOMETHING, UNDERSTAND THE
PAIN THAT YOU WENT THROUGH AND
HOW THESE KINDS OF CASES CAN
SPIN SO QUICKLY OUT OF CONTROL.
LET ME ASK YOU, FIRST, TELL US
ABOUT ERIC.
ABOUT ERIC.
TELL US ABOUT ERIC, WHAT KIND OF
GUY HE WAS. >> MY SON, HE WAS A VERY, VERY
GENTLE, VERY CARING PERSON.
HE WOULD ALWAYS TRY TO HELP
SOMEONE.
SOMEONE.
NO MATTER WHO THEY WERE.
I KNOW HE WAS ALSO A LOVER OF CHRISTMAS, WHICH THAT PROBABLY
COMES FROM ME.
WHEN MY CHILDREN WERE YOUNG, I USED TO GO ALL-OUT FORYOUNG, I
USED TO GO ALL-OUT FOR CHRISTMAS.
CHRISTMAS.
THAT GREW UP IN HIM.
WE ALWAYS HAD FAMILY OVER. OR WE WENT OVER TO FAMILYS
HOUSE.
HOUSE.
IT WAS JUST SUCH A GREAT TIME
FOR ME.
>> WHAT THE DOCUMENTARY SETS UP
WELL, BECAUSE THOSE OF US
WATCHING THIS, DIDNT REALIZE THE HISTORY BEFORE THAT MOMENT.
ERIC HAD BEEN ARRESTED BEFORE.
BUT THE POLICE HAD BEEN REALLY
TARGETING HIM.
TARGETING HIM.
>> YES. >> TAKING MONEY FROM HIM, JUST
ON THE STREETS SAYING HOW MUCH
MONEY YOU HAVE AND TAKING IT.
THIS IS WHAT IS ALLEGED IN THE
PIECE.
PIECE.
THERE WAS A BACK STORY TO THE TENSION THAT PRECEDED -- YOUE
TENSION THAT PRECEDED -- YOU COULD SEE HOW FED UP HE WAS WHEN
THEY STOPPED HIM.
I WASNT DOING ANYTHING.
I WASNT SELLING CIGARETTES HERE.NT SELLING CIGARETTES
HERE.
THEY SAY, WELL, EITHER WAY, YOU
CANT -- YOU HAVE TO SUBMIT WHEN
WE COME AND SLAP THE CUFFS ON
YOU.
WHAT DO YOU SAY TO THAT, GWEN? >> THAT DAY, HE WASNT DOINGEN?
>> THAT DAY, HE WASNT DOING ANYTHING WRONG.
ANYTHING WRONG. HE HAD JUST BROKEN UP A FIGHT,
AND THEY BYPASS THAT TO COME AND
HARASSMENT.
HARASSMENT.
HE WAS JUST FED UP THAT DAY.
THEY HAD BEEN TARGETING HIM ALL
THE WHILE, AS HE WALKED DOWN THE STREET.LE, AS HE WALKED DOWN THE
STREET.
THEY WOULD PAT HIM DOWN. THEY WERE COMMITTING A CRIME BUT
THEY ARE NOT ACCOUNTABLE FOR
THAT.
THAT.
>> YOU TALK ABOUT THAT ON THE PIECE AND HOW THERE WEREN THE
PIECE AND HOW THERE WERE COMPLAINTS ABOUT IT.
AND MAYOR DE BLASIO IS UNDER
FIRE, AS WELL.
THE COPS IN THE PIECE SAID NONE
OF US ARE PROUD.
BUT WE WERE OUT THERE GIVING HIM
A HARD TIME ABOUT SELLING LOOSE
CIGARETTES BECAUSE THATS WHAT
THE MAYOR TOLD US TO DO.
WHAT DO YOU MAKE OF THAT,
JULIUS?
>> LISTEN, IT BECAME A LAW.
IT WAS WHAT IT WAS.
BUT THAT DAY, ERIC WASNT DOING
ANYTHING.
HE WASNT SELLING CIGARETTES.
HE WASNT.
BUT THE FACT HE HAD BEEN
TARGETED, OBVIOUSLY, MADE THEM
GET MORE ON A HYPERALERT BECAUSE
HE WAS IN THAT AREA GN.AGAIN. DID THAT GIVE THEM THE RIGHT TO
TAKE THEM DOWN LIKE THAT?
I DONT THINK SO.
>> WE OUTLINED IN THE SETUP
PIECE, THERE WAS A DISPUTE OVER
WHETHER IT WAS A CHOKE HOLD OR
IT WAS A SEAT BELT.
DOES ANY OF IT MATTER?
DOES IT MATTER WHAT THE NAME OF
THE HOLD WAS?
>> NO, IT DOESNT.
MY SON IS JUST AS DEAD.
IT WAS A CHOKE HOLD.
IT WAS RULED A HOMICIDE BYXAMINE
>> WE HAD A MEDICAL POLICE
EXAMINER THAT RULED IT HOMICIDE.
I DONT SEE WHY THERE WAS NO
INDICTMENT.
INDICTMENT.
>> THE OFFICER WENT AND DEFENDED
HIMSELF BEFORE THE GRAND JURY.
HE TESTIFIED, WHICH IS DICEY FOR
A COP TO DO.
THEY DO IT BECAUSE IT HELPS THEM, NINE TIMES OUT OF TEN.
AND HE POSITION WAS, THERE WAS
NO INTENT TO HARM.
>> I REALLY THINK IT WAS THE
D.A. WHO SABOTAGED THE GRAND
JURY.
JURY. IT WAS SAID FIRST OF ALL, IT WAS
A SECRET GRAND JURY.
WE HAD NO IDEA WHEN IT WAS HELD,
WHEN THEY CONVENED.
IT WAS OVERWITH AND THEY SAID
THERE WAS NO INDICTMENT.
I KNOW MY BROTHER-IN-LAW, HE WAS
ASKED TO TESTIFY IN FRONT OF THE
GRAND JURY.
GRAND JURY.
AND FROM WHAT HE TOLD US, HE WAS IN THERE ALL THE FIVE MINUTESWAS
IN THERE ALL THE FIVE MINUTES AND THE GRAND JURY, LIKE THEY
WASNT SUPPOSED TO HAVE THEIR
CELL PHONES OR READING A PAPER.
HE HAD PEOPLE THAT WAS JUST
LIKE, UNATTENTIVE TO WHAT HE WAS
SAYING.
SAYING.
IT WAS TWO PEOPLE I MET THAT WAS ON THAT GRAND JURY WHO SAYS, WAS
ON THAT GRAND JURY WHO SAYS, THEY HAD ALREADY HAD THEIR MIND
MADE UP, I GUESS, ACCORDING TO
WHAT THE D.A. HAD TOLD THEM OR
CONVEYED TO THEM.
>> TWO WAYS THIS PLAYED OUT,
CRIMINALLY AND THE UFS ROFFICERS
NOT INDICTED.
NOT INDICTED. AND YOU RECEIVED A WRONGFUL
DEATH SETTLEMENT FROM THE CITY.
>> I DIDNT.
>> THE FAMILY.
>> HIS WIFE AND HIS KIDS DID.
I DIDNT RECEIVE ANYTHING.
>> YOUR THOUGHTS ON, THAT STRUCK
ME AS IRONIC.
THE MAYOR TRYING TO CRACK DOWN
ON THE SALES BECAUSE THEY WANT
THE TAX MONEY.
HOW MUCH MONEY WOULD HAVE THAT
MADE ON THE TAXES FROM THE
CIGARETTES, RIGHT?
CIGARETTES, RIGHT?
NOW, THEY HAVE TO SHELL OUT $4
MILLION.
FROM A BUSINESS PERSPECTIVE,
DOES IT MAKE SENSE?
THATS HOW THE POLITICIANS THINK, RIGHT? POLITICIANS
THINK, RIGHT? DOES IT MAKE SENSE FOR ME FROM A
BUSINESS OR A POLITICAL
STANDPOINT
STANDPOINT STANDPOINT.
STANDPOINT. ON EVERY LEVEL, THIS IS
CONTROVERSIAL.
CONTROVERSIAL.
>> IT MAKES NO SENSE ALSO
BECAUSE THEY ARE TALKING ABOUT UNTAXED CIGARETTES.LKING ABOUT
UNTAXED CIGARETTES. THE CIGARETTES WERE TAXED.
AND THE STATES HE BOUGHT THEM
IN, HE PAID TAX ON THE
CIGARETTES.
CIGARETTES.
WHEN HE WENT TO VIRGINIA AND
DELAWARE AND BOUGHT THE
CIGARETTES, THEY WERE TAXED.
>> HOW ARE YOU DOING NOW?
THE EPISODE WAS DEDICATED TO THE
MEMORY OF ERICS DAUGHTER, ERICA, AN ACTIVIST HERSELF.
SHE DIED IN DECEMBER OF A HEART
ATTACK.
ATTACK.
HOW IS THE FAMILY COPING WITH
THAT?
>> IM STILL IN DISBELIEF FOR
HER TO GO AT SUCH AN EARLY AGE, I JUST THINK IM GOING TO WAKEE,
I JUST THINK IM GOING TO WAKE UP BECAUSE IT JUST DOESNT SEEM
REAL TO ME.
YOU KNOW. JUST DOESNT.
JUST DOESNT. >> I WANT TO TELL THE AUDIENCE,
WE REACHED OUT TO NYPD FOR A
STATEMENT.
STATEMENT.
THEY GAVE US THIS.
THE NYPDS INTERNAL DISCIPLINARY PROCESS HAS BEEN PLACED ON HOLD
AT THE REQUEST OF THE DEPARTMENT
OF JUSTICE.
OF JUSTICE.
AND THATS BECAUSE THE D.O.J. WAS SUPPOSED TO BE LOOKING INTO
THIS CASE.
THIS CASE.
THERES A QUESTION ABOUT WHERE
THAT STANDS NOW UNDER ATTORNEY