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Mistrial declared for Officer charged in Freddie Gray death

This is a RUSH transcript from "The O'Reilly Factor," December 17, 2015. This copy may not be in its final form and may be updated.
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O'REILLY: "Impact" segment tonight. As you may know, a jury in Baltimore could not reach a verdict in the trial of William Porter. Baltimore police officer charged with a number of crimes in the death of 25-year-old Freddie Gray. Mr. Gray, a drug involved individual was taken into custody by police on April 12th and died after sustaining injuries. Last night, protesters marched because a jury of five black women, three black men, three white women and one white man could not reach a verdict in the case.

Joining us now from Baltimore, the attorney for Freddie Gray's family Billy Murphy. First of all, Mr. Murphy --

BILLY MURPHY, ATTORNEY FOR FREDDIE GRAY'S FAMILY: How are you doing?

O'REILLY: I'm fine. I'm fine, sir. Was it a fair trial in your opinion?

MURPHY: Yes. I think that both sides got an adequate opportunity to present their cases and the jury selection appeared to be fair. It was a representative jury of a cross section of the Baltimore community and a black judge who was experienced in police misconduct.

O'REILLY: All right. So, you don't have any beef about --

MURPHY: What more you can ask?

O'REILLY: Right. You don't have any beef about how the trial was conducted. Now, in a hung jury, we don't know what the polling of the jury was. Like how many people wanted to convict and how many people wanted to acquit, is that correct? You don't know that?

MURPHY: That's correct. We don't know.

O'REILLY: All right.

MURPHY: But we do know that the prosecution was able to convince some of the jurors that there was proof beyond a reasonable doubt of some of the crimes that were committed and we do know that the defense was able to convince some of the jurors that Officer Porter was innocent.

O'REILLY: Okay. Now, in cases like these, they will have to be retried and then the prosecution has an advantage, I understand 69 percent of retrials end in convictions, is that correct?

MURPHY: I would be a little bit more cautious than that I would say majority of the time that when prosecutors retry these cases they win --

O'REILLY: Yes, because they know that the defense was going to throw up and it's not as dramatic. Okay. So, let's not try this on TV it's not fair. Let's get to the protests. You've been in Baltimore, you know the area pretty well. You're very experience down there. It disturbs me that people get out there demanding a conviction. When they are not on the jury, they don't go to the trial. They don't know what they are talking about. I certainly don't know whether Officer Porter is guilty or not. And I'm following this as a journalist. And I have no blanking clue whether the man is guilty. Is this immoral? Are these protesters immoral for demanding a conviction in a case they really don't know anything about?

MURPHY: Well, first of all, before I answer that Bill, I'm sure you are equally disturbed that the police union and other members of the white community have demanded that these charges be dropped because they take the exact opposite position that Porter is innocent.

O'REILLY: All right. Listen. But that's what a union is in business to do. So, they are not out on the streets disrupting.

MURPHY: Not just the union, Bill. It's not just the union.

O'REILLY: But I think there is a difference. I don't think you can make a comparison. These protesters are saying the country is bad, the system is bad. Everything is corrupt. The union is not doing that. The union are saying, our guy is innocent. They always do that. So, I don't think it's the same comparison. But let's address the protesters on the streets of Baltimore last night. Are they immoral for demanding conviction in a case they really don't know what happened in?

MURPHY: Immoral is too strong a word. And let me tell you what I have been saying and what the family has been saying. And that is we have a representative body called the jury that is going to be the only group except for a few people in the courtroom who hear all of the evidence and get a chance to hear all of the witnesses and hear all of the legal arguments only when you have that ability, do you have the right to have an opinion about whether or not these officers are guilty or not guilty.

O'REILLY: Good for you. Good for you. Because, you know, when I heard the OJ Simpson verdict and I covered that like in a micro thing, I mean, I was just disgusted. But I didn't go out in the street and start yelling and screaming or anything like that. But now if there is an acquittal in this case and the other officers in Baltimore there is a serious concern the city will be burned down. And you know, to me, that's just flat out wrong. No matter what it goes, we have to accept the jury verdict. Correct?

MURPHY: Well, on the other hand, this is a free speech society and people are --

(CROSSTALK)

Bill, let me finish.

O'REILLY: Distraction and speech are two different things.

MURPHY: No, let me finish my thought. These young people last night who came out and protested were well within their rights to say whatever they said as long as don't cry fire in a crowded theater. And nothing close to that happened last night. And the citizens of Baltimore should be commended for the peaceful way that they comported themselves and the Gray family in particular deserve a lot of credit because they said to the public if we're not upset you shouldn't be upset.

O'REILLY: And I applaud that.

MURPHY: If we are calm, you should be calm. And I think that had a lot to do with what didn't happen last night.

O'REILLY: We agree on 90 percent. Counsel, we agree on 90 percent of this. But I will tell you this, anyone using their freedom of speech to convict someone of a crime that they don't know what happened is abusing their freedom of speech in my opinion. Last word?

MURPHY: Well, I think we agree.

O'REILLY: All right. Good.

MURPHY: I think that when people demand anybody's head without hearing the first witness or looking at the first piece of evidence, ought not to be saying such things because they wouldn't want that to happen to them if they were in the dock.

O'REILLY: That's right. That's right.

MURPHY: And, likewise, people on the other side ought not to be saying these police officers are innocent and this prosecution is unfair without likewise hearing the first piece of evidence on the first witness.

O'REILLY: Okay. We'll agree on that. All right, Counselor. We appreciate your time very much tonight.

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