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Kelly File

Brown family attorney reacts to new autopsy report

This is a rush transcript from "The Kelly File," October 22, 2014. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Joining me now with more on this new bombshell report, Mark Fuhrman who is a former L.A. police homicide detective and Fox News contributor, and Benjamin Crump who is an attorney for the Michael Brown family.

We begin with Mr. Crump. Your reaction to this, sir, that they now are concluding that Michael Brown did not have his hands up as the eyewitnesses, some of them, suggested.

MICHAEL CRUMP, MICHAEL BROWN FAMILY ATTORNEY: Well, I don't know if that's the conclusion they've drawn at all, Megyn. I think this leaked information has suggested they don't know. But you have.

(CROSSTALK)

KELLY: No, let me just -- let's not mislead the audience.

(CROSSTALK)

CRUMP: I don't want to mislead anybody.

KELLY: No, I just want to make sure, because what the autopsy says is not in dispute. And what Judy Melinik, the forensic pathologist said is that one of the officer's shot his Brown's forearm and traveled from the back of the arm to the inner arm, which means Brown's palms could not have been facing Wilson. That trajectory shows that Brown probably was not taking a standard surrender position, she said.

CRUMP: Well, I will let Dr. Baden handle that, to have the police version against several eyewitnesses. I really wish -- and the family really wishes -- this wouldn't be a secret to grand jury, and that it has been leaked out. We wish it was transparent, so all the evidence could be vetted by the prosecutor for the police officer as well as Mr. Brown's family, the unarmed dead teenager. That's what due process is.

KELLY: I get that. I get that.

(CROSSTALK)

CRUMP: You're a lawyer. You understand the due process. It is. And it's so unfair to the family who only wants to say, "Let all the evidence play out. Let everybody see it, so we can get to the truth, and our child's death won't be in vain."

(CROSSTALK)

KELLY: I know. A lot of people think this is laying the foundation for what is likely to be a grand jury decision not to indict, that maybe these leaks are coming out to lay that foundation.

But I want to ask you this, Mr. Crump, because the other thing the autopsy confirms is that Michael Brown appears to have struggled with Officer Wilson and supports -- this is quote, "supports the fact that Michael Brown was reaching for the gun," if he had that gun powder particulate in the wound, that he was reaching for the officer's gun. Because they had a struggle in the car before Michael Brown ran. And that is apparently how Michael Brown took the first bullet in his hand while he was struggling with Officer Wilson. Many people would say that's ball game. You fight with a cop over his gun, what happens thereafter is on you, not him.

CRUMP: Well, you know, it's very interesting. That's why again you want it to be transparent to come out, because the witnesses say -- you have Dorian Johnson there and the witness who was right behind him -- says the police, there was a brief encounter. Dorian said the police tried to grab him after detaining him, he struggled to get away and that's when there were two shots. He didn't know if Michael Brown was shot, but they ran. And they were fleeing and the question that everybody has asked is well, "Why did he keep shooting and then when he put his hands in the air, why did he keep shooting?" Because you have seven witnesses who gave eyewitness testimony. And then you have the police version. That's why it should be in a courtroom where people can vet the witnesses and vet the police account. But right now, we don't have that. That's what his family has been begging for.

(CROSSTALK)

KELLY: Well, it's happening. We don't have it. I mean, it's happening. The grand jury is hearing it.

CRUMP: No, we don't have that. The grand jury -- the prosecutor is saying that they're not even presenting anything, they're just putting all their evidence out there. In a traditional case, based on our constitution, you have a right to trial by jury and you have a right to face the evidence.

(CROSSTALK)

KELLY: You make it sound like a grand jury proceeding is bias against Michael Brown. Typically, it's bias in favor of an indictment. The officer chose to testify in front of the grand jury and he didn't have to do that --

(CROSSTALK)

CRUMP: Typically, Megyn, typically. This prosecutor's doing it differently than any other prosecutor. And you're a lawyer, you know prosecutors normally come to a grand jury with their theory and they suggest what the evidence is -- this prosecutor isn't doing that. He's not trying to get a prosecution.

KELLY: How do you know that?

CRUMP: And that's what is troubling.

KELLY: You don't know that. You don't know that.

CRUMP: Because he said it. He said he's not going to recommend charges.

(CROSSTALK)

KELLY: Why should he recommend charges if he doesn't think charges are appropriate? He's presenting the evidence and the eyewitness testimonials that you referenced, and the grand jury will decide to indict or not.

CRUMP: Yeah, you know, Megyn, traditionally, a prosecutor, if they have any conflict they'll step aside. They'll let a special prosecutor do it so it can be done in the traditional way, so people can have faith in the system and say it works equal for everybody.

(CROSSTALK)

KELLY: The autopsy is not done by a partisan person. This is done by somebody with no stake whatsoever.

(CROSSTALK)

CRUMP: We have Michael Baden, he's done an autopsy and he wants to get that evidence.

(CROSSTALK)

KELLY: And this person says that Michael Brown reached for the gun. I got to go, Mr. Crump.

(CROSSTALK)

KELLY: Great to see you. Thank you for being here. As always.

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