[Sciutto:] Welcome back. There are new details this morning in the death of Freddie Gray in Baltimore. It could undermine the prosecution of police officers charged in Gray's death last April. The news, Gray suffered a spinal cord injury, as you know, and later died. Now police report says Gray may have previously hurt his back, but prosecutors kept that information from defense attorneys. Our Miguel Marquez has the latest. Miguel, do we know how serious this previous back injury was?
[Miguel Marquez, Cnn Correspondent:] Well, that's the very big question, whether it was an injury at all. This is all little curious the way this has come out. Defense lawyers have filed documents saying that they want access to all of Gray's medical records because on March 31st last year, a few weeks before he was arrested, an officer says Mr. Gray was giving them information about a robbery and complained that he had hurt his back or that his back hurt. On April 12th, Mr. Gray was arrested. On April 19th, Mr. Gray died. On April 27th, after a week of protests, Baltimore exploded. And then only on May 1st did that same officer say with all the press about Freddie Gray his memory was jogged, and he filed this unsolicited report that they remember him complaining about a bad back that day when they talked to him March 31st. Defense lawyers say this is their a-ha moment, that the prosecution didn't turn this over and we should have access to all medical records. The judge in this case has denied that in the Porter case, for instance. We will find out whether or not he will allow it in this case. Defense lawyers have asked for all of his incarceration records because they heard some anonymous tip that Mr. Gray may have tried to harm himself while in police lockup in Baltimore's central corrections facility. All of that the judge has to decide on the state, filing its own document, saying they shouldn't have anything, it's all irrelevant. Even if he did have a bad back, it was his neck and a blunt force trauma that killed Mr. Gray. So, none of this should be relevant. The judge should decide on this, we believe, this coming Thursday and then the trial of Officer Goodson is set to begin on the 11th Jim.
[Sciutto:] Understood, Miguel Marquez. Good analysis on this. Thank you. Let's get some legal analysis with trial attorney Eric Guster and criminal defense attorney Darren Kavinoky. So, police van driver Goodson, he's going to go on trial January 11th. I mean, let's get the exact weight of this new information. First of all, Miguel raises a point. Does it, Darren, have any effect on the relevance of this, the fact that the police officer wrote this report after the fact, in other words, after he died, after he died and after the riots?
[Darren Kavinoky, Criminal Defense Attorney:] Well, it's a curious bit of timing that this only this report would have been authored after the officer's memory was jogged, and not at a time con tem contemporaneous. It opens up this other issue about Freddie being a police informant, that he's providing information about other robberies. It really does send us down this whole other area of inquiry about what was his relationship? I think the real problem, though, when we're talking about this legal ruling is that here we are, the judge is a gatekeeper designed to make sure that only relevant information gets in front of that jury. And at this point where the central issue in the case is how did Freddie Gray become injured, fatally injured, anything that tends to that's at all relevant to that inquiry I think should be in the hands of the defense otherwise you risk doing a trial twice. It's a ripe appellate issue if they don't turn that info over.
[Sciutto:] That's right, Eric. I mean, there are especially two questions here. One is what is the actual relevance and weight of this information? I mean, for instance, my back hurts sometimes. It doesn't mean, you know, eventually, I'm going to break my neck, right? So, that's the question. But on the flipside, I imagine, you know, by withholding something, in a way you make it a bigger deal than it was, right? What's your view?
[Eric Guster, Criminal & Civil Trial Attorney:] It's actually a very huge deal. The defense should be allowed to see any potential information that could help their client because in our justice system, the defense has had should have rights to everything. If this young man had any type of back issues, any type of medical issues, they should be given that information. Now, the judge can rule that that information cannot be given in front of a jury, cannot be presented. If it appears that the prosecution is hiding this information or keeping it from the defense, that's a problem. Just like what Darren just said. They do not want to try this case again if there's a convictions. So, if they don't give up that information and provide it to the defense, they're asking for this case to be retried because that's clearly a case of ethical rules and they should give that information to the defense. Whether used or not, that's used in front of the judge and the judge's decision.
[Sciutto:] Yes, and we already have a hung jury in the first case to go through on this. Eric and Darren, I want you to stand by because we're going to talk Bill Cosby in a moment. But, first, I want to get to more breaking news. We're getting word that a driver tried ramming his car into a group of French soldiers who were guarding a mosque in France. Police say the soldiers then open fire on that car, wounding the driver. No details on his condition at this moment. Also no clearance as to what this driver was trying to do. A soldier and person passing by were also hurt in this. We'll give you updates on this story as we get them. Let's now go to live pictures from Dubai. This is the hotel skyscraper that was burning. You'll remember last night on New Year's Eve and tonight, a day later, 24 hours later, it is still smoldering, still smoking into the sky night there. Pieces of the building are reportedly passing to the ground. Are we getting the whole story here? And more on our breaking news. A gunman opens fire near a pub in Tel Aviv Israel. At least two people are dead. A manhunt is now under way. Stay with us.