tv Larry King Live CNN March 16, 2010 9:00pm-10:00pm EDT
9:00 pm
worth of computer equipment for her little school in kenya. this was the kind of stuff that was happening all over the conference, connecting up people of means to these small projects that are really going to empower whole communities. >> well, good luck next year. i know you're going to do it again. >> i hope you're part of it again. >> absolutely. >> that's it for us tonight. "larry king live" starts right now. we'll see you tomorrow. tonight violent sex offenders found guilty, imprisoned and then released, only to rape, torture and kill again. we look at the case of registered sex offender john gardner, charged of the february rape/murder of chelsea king in san diego, and another attack in the same area weeks earlier. also suspected in the killing of young amber dubois. what about one-time dating game
9:01 pm
contestant rodney alcala? he did time for sexual assaults on an 8-year-old, and a teenager. now he faces execution for raping and butchering a schoolgirl and four other women. victims and their families are joining us, all next on "larry king live." >> larry: good evening. you have all heard the story of 17-year-old honor student chelsea king. went for a jog in a san diego area park, never came home. a 30-year-old registered sex offender named john gardner has been charged with her murder. chelsea king's parents, brent and kelly king are returning to this program, joining us tonight. we'll speak to them in a moment. but first, the man who allegedly killed their daughter has also been charged with the attack of a female jogger. just weeks earlier, that jogger, candace moncayo is with us tonight.
9:02 pm
i should mention because the case against john gardner is ongoing, candace cannot discuss specifics of the attack regarding him. so we can't jeopardize that investigation. of course, she can say whatever she wishes. where were you when you were attacked? >> i was at lake hodges. i was going for a run. and i was just about to finish it. >> larry: what time of day? >> in the morning, about 10:30. >> larry: do you live in the san diego area? >> i don't. my family does, and i was home for christmas break. >> larry: you're a student at colorado, right? >> yes, i go to the university of colorado. >> larry: you're going to be a teacher, right? >> yes, hopefully. >> larry: so what happened, dear? it's morning. light out. >> it was a beautiful day. i was passing people the entire time. and i was coming up to the end of the trail and was in sight of the houses. and i noticed a man who was walking towards me. and i noticed him because he was not dressed in workout clothes. but he was so close to the
9:03 pm
houses that i just assumed that he, you know, was a resident going for a walk because the day was so beautiful. and he waited until we were next to each other and then tackled me and threw me to the side of the trail. and he -- nobody around? >> nobody around, no. but the trail had been so populated that in my mind, i just kept thinking that i only needed to be -- i only needed to fight for a little while because the trail was so populace. >> larry: a bright day and a populated trail, he is taking a risk, right? >> he was, he was. >> larry: did you scream? >> like crazy, at the top of my lungs. he actually told me to shut up when i was screaming, and i told him no. >> larry: did he have a weapon? >> he didn't. >> larry: so by force of strength? >> yes, yes. he is -- the man who attack med is a very large man. very large. >> larry: did he fully rape me. >> no, he didn't. he didn't rape me at all.
9:04 pm
>> larry: what did he do? >> no. he threw me down on to the ground, and he pin med to the ground, and like i said, i was screaming. and he said shut up, and i said no. and he told me to shut up again, and i said no. and then i said well you're going to have to kill me first because i thought he was trying to rape me. and he said that can be arranged. and there was this small moment of silence, and then there was intervening conversation that i'm not comfortable discussing. and at one point he picked me up by my shoulders and he started shaking me the way you're not supposed to shake a child. and i managed to get one hand on the ground, my left hand. and i took my right elbow and i bashed him in the nose. and he grabbed his face and turn wade from me. and yelled some things. and i got up and i ran faster than i think i've ever run in my
9:05 pm
life. >> larry: did you come up on someone? >> no, i hadded to run to a house. >> larry: and there was someone home at the house? >> there was. they were very kind. >> where did the person who attacked you go? >> he -- i looked back over my shoulder once. he had left the trail and was kind of heading over a small hill that was to the left of the trail from the position that i was taking. >> larry: in your mind, was he going to rape you? >> at the time, that was my first thought. >> larry: did you report it right away? >> absolutely. i called the police from the people's house that i knocked on the door at. >> larry: and then when you saw what happened to chelsea king, you had to immediately react to that, right? >> you know, i actually didn't see it. i'm kind of embarrassed. it was on television, but i don't have cable. i know. so i found out through my family that something had happened. and to be honest, my first response was one of great fear
9:06 pm
and great anxiety. and at the same time, great hope that they were not connected. >> larry: why do you think you weren't raped? >> i think i wasn't raped for a couple of reasons. one, because i fought back. two, because i come from a background that has prepared me in some ways for that kind of a situation. >> larry: how so? >> three, the grace of god. >> larry: background how? >> my father is actually a five-time world champion kick boxer. so i've been in martial arts for most of my life. while i can't claim that any kind of training was responsible for it. >> larry: you got that thing in the nose. >> i did get him in the nose. more than that, thing is an awareness that comes with those kinds of things. >> larry: the conversation you won't reveal, we're not going to ask you to go near it, i imagine was crude? >> yes. not -- yeah, i suppose that would be a good way to put it. >> larry: were the authority versus cooperative? >> they were wonderful.
9:07 pm
i didn't meet a single police officer who was anything less than kind and helpful and took everything very seriously. >> larry: what mark has this left on you? >> a deep one. it's something i think i'll be dealing with for the rest of my life. just the other week i was running and i had to pass a gentleman on the trails. and he was going for a hike. he had to stop and let me pass, so i had to come close to him. i burst into tears and i think ruined his run. i'm ashamed than. >> larry: i'm amazed you go out running. >> i went out the next day. >> larry: the next day? >> with my sister's boyfriend's pit bull. but the next day. i felt if i didn't get back on the horse right away that i never would. >> larry: if you have kick boxing training, and you're out with a pit bull, i wouldn't go near you. chelsea king's parents will weigh in on what we just heard when we come back. so many arthritis pain relievers --
9:09 pm
i just want fewer pills and relief that lasts all day. take 2 extra strength tylenol every 4 to 6 hours?!? taking 8 pills a day... and if i take it for 10 days -- that's 80 pills. just 2 aleve can last all day. perfect. chptse aleve and you can be taking four times... fewer pills than extra strength tylenol. just 2 aleve have the strength to relieve arthritis pain all day.
9:10 pm
you never realize that as a parent, you also sign up for pain. the pain all of us are experiencing today is only measured by the depth of our love we have for chelsea. >> now is the time to harness all the love and compassion we've been shown through this horrible time and turn it into the driving force of change. >> larry: we're back with candace moncayo. also joining us chelsea king's parents, brents and kelly king. a return visit for them. they're in san diego.
9:11 pm
with them is california assemblyman nathan fletcher, republican of san diego. he is working with the king parents to enact legal reforms to protect children from violent sexual predators. brent, what did you think of the story you just heard from candace? >> by the grace of god, i'm so glad that she was able to fight him off and survive. it's very painful to listen to, though. >> larry: what was it like for you, kelly? >> yeah, i have to agree with my husband. to hear, you know, what a victim has to go through when they attacked like this, it's extremely difficult, and even, you know, it's just multiplied a thousand times when it's your own daughter that has been through it as well. >> larry: was your daughter taken in broad daylight too? >> yes. >> yeah. >> larry: it's amazing that they can get away with it like this. candace, you will testify in a
9:12 pm
case against the accused? >> yes. >> larry: well, the parents -- you won't have to testify at his trial, right, because you're not a witness, right, brett? >> that's right. >> larry: but i would imagine you'll be there? >> i'll be there every day, larry. >> larry: all right. assemblyman fletcher, you're working to enact legal reforms to protect children from violent offenders. protect them how? >> one of the responsibilities of government is public safety. it's clear in this case that the system failed. you had a known sex offender who a psychological report says he will reoffend. he is a danger to society. he is callous. he violated his parole seven times, and yet he was still let out. i think it's imperative that we do everything possible to change this. this is every parent's worst nightmare. thing is an obligation to make sure that the first priority is public safety.
9:13 pm
in so many instances, these violent predators that prey on children, i don't believe you can rehabilitate them. so we have to have a real conversation about the length of time they serve. >> larry: do you have a specific concept in mind? do you want them to go to jail for life? what do you want to do? >> so what we're doing, we're working with brent and kelly and with crime victims groups and law enforcement experts to do a full review of all the laws on the books and figure out what are the sentencing guidelines that need to be, how do we do gps monitoring, how do we take all the laws on the books, megan's laws, jessica's law and others and really enact real reforms. because we owe to it the memory of chelsea king and others to make sure we do everything possible so that no family has to go through what the king family is going through right now. >> larry: very well said. candace, do you have some thoughts on what to do about predators? >> you know, i don't, because i don't feel i know enough about the system at this point to really offer any kind of an informed opinion. >> larry: do you wonder how they get out?
9:14 pm
>> i do wonder how they get out, knowing what i've heard about this case, i wonder about it quite a bit. but i would definitely agree that there needs to be some changes that are made. >> larry: brent, do you have any specific thoughts as to what to do about sexual predators? >> you know, right now we're just trying to educate ourselves. we're doing exactly what chelsea would ask us to do, and that's to learn as much as we possibly can before we position it. and when we position it, it's going to be very strong and very powerful, and we're going to need everybody to help us. >> larry: kelly, do you have any thoughts? >> we're in a position that every parent would never expect they would be in. we have an incredibly steep learning curve to go through. you know, we're in the process now of not only trying to grieve and start the healing process, but to become very educated very quickly so that we can get these changes rolling.
9:15 pm
>> larry: well, all three, will be back along with senator boxer in a while. candace, thank you so much for coming. it wasn't easy. we appreciate it. a parents' heartbreak. we're joined by the parents of 14-year-old amber dubois whose body was found earlier this month after she went miss mortgage than a year ago. that's when we come back.
9:18 pm
>> larry: we're now joined by carrie mcgonagle. her daughter, 14-year-old amber dubois went missing on the way to school february last year. amber's remains were found earlier this month in northern san diego county. police say that john gardner, the same man charged with killing chelsea king is a focus in amber's death investigation. also joining us robin saks, the former l.a. sex crimes prosecutor who has been working with carrie and is co-founder of "justice interrupted." carrie was on this show on march 3rd. at that time you were still holding out hope. just a few days later -- how did you get the news? that. >> called me and asked me to come in about 7:00 p.m. on a saturday night. >> did you know then what it was? >> i had a feeling, yeah. and marissa and i went down there and walked into a room full of strangers, and they told us they had found amber that friday. >> larry: even though it was
9:19 pm
year was it kind of -- what was the reaction? >> denial at first, you know. i really didn't say much. i just sat there and listened and just wanted to get out of that room. >> larry: how are you holding up now? >> it's a huge weight lifted off my shoulders now that i -- closure. >> yeah, closure. not all the way, but some closure. >> larry: robin, you told me you met with the district attorney today on this case? >> i did, i did. carrie and i and and rebecca went. >> larry: mo and rebecca? >> mo is amber's dad and rebecca is mo's girlfriend. and we joined the huge amount of law enforcement that was there to just kind of get the status of the case. and there really isn't an update at this point. >> larry: obviously none of you are witnesses to it. >> none of us are witnesses. we would have expected by now and hoped by now that there would have been some definitive answer whether or not john gardner is responsible for the death of amber. >> larry: for this murder.
9:20 pm
and the authorities do not know? >> they haven't given us any indication at all. there has been no indication. not only that, even when amber died, how she died, how long, if she suffered, all of the questions that are making it so difficult. >> larry: why aren't they telling? >> they're claiming at that point that it's part of the investigative process. and while i totally appreciate and want and so does the family want a perfectly solid investigation to maximize prosecution, there are rights that the victims have in terms of status of the case. >> larry: what do they tell you? you have your rights, but you're eventually going learn them? >> pretty much. we went in there. it was more like an introduction to the people. that's all we got. >> larry: so you were a prosecutor. you to understand that. why can't they tell her, though? how would it hamper the investigation to tell her how her daughter died? >> i don't think it would at this point. i understand there is concern about media leaks or information that there would only -- only the kill worry know in terms of investigation. but there is an amount of dignity and closure that you have to balance.
9:21 pm
and without even being direct about the evidence, it would be nice to say, you know, we've excluded x number of people, or we are only looking at two people. >> larry: they haven't said anything about the suspect or anything? >> nothing. >> larry: is this pretty much standard? >> no, actually. not only it is not standard from my experience, but i actually got off the phone with marc klaas today and said have you ever seen a situation in your experience where abducted family members have not known anything about the status of the case or the investigation whatsoever? and frankly, it's even really different in terms of how the san diego d.a.'s office and the police handled chelsea king's abduction and murder. >> larry: do you know how they found amber? >> no. we have the reward out there. and you know if it's someone that deserves the reward -- you don't know how they got a lead or anything? that. >> said in time you'll find out. >> larry: where was she found? >> she was found outside the pala indian reservation on a very remote area. >> larry: was that far away from where she was taken?
9:22 pm
>> 25 miles. >> larry: carrie, thank you. when we know more, we'll have you back. robin, you'll be with us later. a one-time contestant on the dating game has just been convicted of five counts of first-degree murder. he previously served time for attacking two girls. we're going to talk to one of his victims, when we come back.
9:25 pm
we the jury in the above entitled action determine that the penalty to be imposed upon defendant rodney james alcala to be death. [ applause ] >> larry: one-time "dating game" contestant rodney alcala is facing execution for raping and murdering a schoolgirl and four other women. he previously served time for the sexual assaults of an 8-year-old girl and a teenager. joining us to talk about his recent conviction is tally shapiro. she was kidnapped, brutally beaten and assaulted by alcala in 1968. she was just 8. also here is robert samsoe. his 12-year-old sister robin was kidnapped and murdered by alcala in 1979. alcala was just convicted for her murder and four others. i know, robert, twice before he
9:26 pm
had convictions overturned, right? >> yes, we did. >> larry: were you beginning to give up hope? >> actually, after the second one, the trial came -- or the first one, the trial came pretty quick. after the second one, we actually went for 20 years of the death sentence being there, and then it got overturned. >> larry: so he will face death now? >> he will die in prison, yes. >> larry: not death penalty? >> well, you know how california is soft on the death penalty. >> larry: how did your sister die? >> she was kidnapped, raped, and tortured. a violent death. he took her up to the mountains and did some very bad things. >> larry: was he caught right away? >> he was under suspicion right away. he was caught within a month of robin's disappearance. >> larry: she was 12. >> she was 12. >> larry: how long ago? >> this is 31 years now. >> larry: tally, how long ago for you? >> 42 years. >> larry: 42 years? >> uh-huh. >> larry: this guy was free all this time? >> no, no. he was out.
9:27 pm
he did not get caught immediately for what he did to me. he was out for three years on the run. >> larry: what do you remember? you were 8. >> walking to school, getting stopped. and him offering me a ride to school. me saying i wasn't supposed to talk to strangers. and he said oh, i know your parents. we were living at the chateau marmont at the time because our house had burned down. so i wasn't going to my regular school. i was going to a different school. and i didn't have my regular school bus. >> larry: and you got in the car. >> i got in the car. i got in the car. >> larry: has it fade from memory? >> i remember that part. i remember him asking me what time school started. and because i walked to school, i was supposed to take the public bus. but because i didn't like to, i walked to school. and the moment he found out that i had an hour to spare, he said he wanted to show me a poster. and that's when i wanted to jump out of the car.
9:28 pm
>> larry: do you remember details of it? i'm not going to ask you. >> no. i remember seeing a poster -- no, because i was hit over the head immediately. >> larry: you were out. >> yeah. he cracked my head open. >> larry: he raped you at 8 years old while you were unconscious? >> yes, yes. >> larry: did you testify against him? >> three times. >> larry: was it tough to sit in court and see him there? >> i have no feelings for the man. the first two times, yes. and now this time no, i have no feelings. >> larry: what are your feelings toward him, robert? >> i just want him to die. i'm more mad at the system that allowed him to be free. i mean, i basically feel my sister's life was worth a thousand dollars. because he was out on bail for raping a 15-year-old, and the bail was $10,000. so his mom put up a thousand dollars to get him out of jail. >> larry: do you ever say to yourself, these guys are just
9:29 pm
sick? you don't feel any sorrow for them. but there is something the matter. >> i don't feel that it's a sickness that can be cured. it's a sickness like a dog that goes out and bites people. we put it to sleep. that's what we need to do with these people. >> larry: what are your thoughts, tali? >> yeah, he needs to be put out. he needs to be put down like a rabid dog, yes. you would execute him? >> in a second. >> larry: did you ever face him? >> i actually faced him in trial. i got to be the one who spoke during the -- victim's talk? >> yes. and actually got to stare him down a little bit. >> larry: what was that like? >> it's been a lot of years. the first time i seen him, i was just 14. i was intimidated back then. then the second trial i was about 19. still a little intim dateded over the whole process. well, now i'm 44, and he doesn't intimidate me for nothing. >> larry: does he show any remorse? >> never once.
9:30 pm
not towards me. not towards me and the l.a. families. >> larry: what about towards you? >> he actually apologized. i honestly didn't hear him. he did speak the words, but i couldn't believe he was actually speaking to me. >> larry: you didn't buy it? >> oh -- thank you, both. >> thank you. >> larry: all right. so what can be done? what is going to be done to protect our kids? senator barbara boxer has some thoughts, joins us after the break.
9:31 pm
there's a big reason to lower high cholesterol... dangerous plaque that can build up in arteries. it's called atherosclerosis--or athero. and high cholesterol is a major factor. but crestor can help slow the buildup of plaque in arteries. go to arterytour.com and take an interactive tour to learn how plaque builds up. and then ask your doctor if crestor is right for you. along with diet, crestor does more than lower bad cholesterol and raise good.
9:32 pm
crestor is proven to slow the buildup of plaque in arteries. crestor isn't for everyone, like people with liver disease, or women who are nursing, pregnant, or may become pregnant. simple blood tests will check for liver problems. you should tell your doctor about other medicines you're taking or if you have muscle pain or weakness. that could be a sign of serious side effects. learn more about plaque buildup at arterytour.com. then ask your doctor if it's time for crestor. if you can't afford your medication, astrazeneca may be able to help.
9:33 pm
>> larry: joining us now, senator barbara boxer, democrat of california, sponsoring the violence against children act. she is with us in d.c. still with us, brendan and kelly king in san diego, parents of the late chelsea king, and also california assemblyman nathan fletcher, republican of san diego. as we mentioned, he is working with chelsea's parents to enact legal reforms to protect children from violent sexual predators. senator boxer, governor schwarzenegger has ordered a review of the way the state has handled the 2000 molestation case against the accused john gardner. and again, we must remind he is the accused. he was released from parole supervision although he remained a registered sex offender, and
9:34 pm
parole records say he should have been sent back to prison in 2007 and 2008 for parole violations. what is wrong with the system, senator? >> well, it's clearly broken. and i want to compliment the kings for turning their grief into action and the assemblyman for working with them. we all have to work together. this isn't about party. this is about our kids. larry, every year 200,000 children are victims of crime. 200,000 children every year. it's a national issue. that's why i wrote this bill. and what we say is if there is a crime against a child, our most vulnerable, as the assemblyman said we have to help. the national government has to help the localities. if they ask for help, we should make forensic help available. we should make investigations help available. we should do everything that we can to prosecute the crime. and i'll tell you. after hearing this story, and this is the last point i'm make
9:35 pm
at this point, after hearing this story, i think what i'm going to do is strengthen this bill when it comes to parole. if somebody is -- had all these violations, this man had seven violations, that parole has to be tightened. there have to be more restrictions or the person has to go back to prison. so these are the things i'm working on at the national level. >> larry: senator, that might be more important than helping out in the investigation. now apparently the police do a pretty good job investigating. it's what happens after. >> well, larry, in many cases, they do. but sometimes you'll get a crime in a rural area where there is just not enough forensic help there is not enough investigatory help. what we say, if a locality asks for it that. >> can have it. they don't have to ask for it. but you're absolutely right. we are worried. in many of these cases where there isn't a problem in getting the help prosecuting folks, why
9:36 pm
is it that someone like this gets out after a short time when the psychiatrist warned that this person should not get out. there was a plea bargain there. you got to have strict parole. i'm sorry. >> larry: i know you're still looking at it, brent, but what are your immediate thoughts when you learned the thoughts that this man who may have killed your daughter, he is the accused, got out when he shouldn't have gotten out. >> complete failure of the system, larry. complete and total. >> larry: do you think we can correct it, kelly? >> i do. i think it's going to take a lot of people who are going to be willing to help make changes. and be very bold about it. and don't take no for an answer until we get this thing fixed. >> larry: assemblyman fletcher, do you plan, let's say on working with barbara boxer on things which local communities,
9:37 pm
state, and federal can work together on this? >> absolutely, larry. this is such an important issue. it's the most important thing we do. and i think we work with everyone. we work with the federal government, the state government, local governments, everybody out there. parents, anybody who wants to be a part of saying it's just not acceptable. and there is not one more family that should have to go through this. we've seen this time and time again. how many tragedies does it take to actually put in steps to do everything possible to protect our children and our families? and it has to change. >> larry: we'll be back with more right after this. i'm robert shapiro.
9:38 pm
over a million people have discovered how easy it is to use legalzoom for important legal documents. so start your business, protect your family, launch your dreams. at legalzoom.com we put the law on your side. when we tn lolobster into irresistible creations. like new wood-grilled lobster and parmesan scampi... our signature lobster lover's dream... and eleven more choices. right now at red lobster.
9:40 pm
>> larry: senator, this may sound crude, but if the psychiatric community's feeling is the violent sexual predator cannot be cured, if that's a fact, why let them out? >> well, i'm very tough on this. i have to say, i'm looking at the greatest country in the world, america, and i now know, because i've looked at the stats so often, 200,000 crimes against children, violent crimes in one year. if you're 12 to 17, you're twice as likely to be a victim of a
9:41 pm
violent crime as an adult. we're failing here. and it's the adults that have to protect the children. i'm looking at the faces of the kings. and i see in their faces the loss, the pain, the suffering, the emptiness. i'm a mom. i'm a grandma. as far as i'm concerned, throw the book at someone who is doing this against a child. and that's why i wrote the violence against children act. because i look at this as a national crisis, frankly. >> larry: where is the act standing right now? >> the act has been introduced. we have to have hearings in the judiciary committee. we have to get this done. and i'm working hard on it. you know, joe biden -- i'm sorry, i was going to say joe biden and i wrote the violence against children act. i was in the house then. he was in the senate. and i'm sorry, the violence against women act. this is based on the violence against women act. and that bill got passed, signed into law, and it has really
9:42 pm
helped us. so we need this follow on. >> larry: brent, do you wonder why, if they're not curable, if it is a sickness, and they're not curable, why they're let out? >> they should never be let out. if they're not curable as society, we need to understand that and not allow them to ever hurt a child again. >> larry: but kelly, you must think to yourself, there is no reason, this was not an auto accident. there is no reason my daughter should not be here. >> i think that just about every minute of every day since this has occurred. there is no reason. >> larry: assemblyman fletcher, if that's true, and it's an if maybe that they're not curable, why are they on the streets? >> you know, larry, i don't think it's an if. i think it's an absolute certainty that a sexually violent predator that goes after a child is a sick individual.
9:43 pm
and they can't be cured. they can't be rehabilitated, and they need to be locked up for the rest of their life. and for the lower level offense, we've got to have a system that better tracks where they go. we need to have a parole system that works. this is a failure of the entire system. it's not just sentencing. it's not just parole. it's not just gps monitoring. you know, we have it in california a broken system and we have to come in and look at every aspect of it. >> larry: some aspects are really kind of weird, barbara. the california corrections and rehab said it's been keeping critical parole documents permanently, but it's been cost-prohibitive to retain them, and sometimes they destroy the records. >> i look at that as a crime in and of itself. how can we destroy these records? do you know a lot of these people go back out and do this? the actual statistics that i heard is at least 5% will go back. after they're out. it's horrible. they never should have gotten out. they go out again. we're losing records of these
9:44 pm
people? there needs to be a national database of these people. and i've worked with adam walsh on that. we need to do better. there needs to be zero tolerance for crimes against children. we are a society that doesn't get it. and we've got to move on this. >> larry: brent and kelly, we can do nothing but offer our deepest condolences, and hope that from her death, good will come. and i want to salute senator boxer and assemblyman fletcher for the work they're doing. thank you all very much. should sex offender busy treated differently than other criminals? we'll ask a former prosecutor returning, and a defense attorney, next. [ male announcer ] a good reputation
9:45 pm
is difficult to attain. a reputation for unsurpassed quality and industry-leading customer service, even more so. which is why it must be earned. every day. every mile. with every driver. we've earned ours by relentlessly asking one simple question... how can we make it even better tomorrow? lexus. the pursuit...of perfection.
9:47 pm
>> larry: before we get some legal answers to all of this, let's check in with anderson cooper. he hosts "ac 360" at the top of the hour. what's up tonight? >> a final push for a health care reform bill is happening. president obama has been calling for an up or down vote, as you know. but with the numbers game working against them, the democrats are considering a last-minute maneuver that has republicans crying foul tonight. is it fair? we're keeping them honest. also, he is back. tiger woods returning to golf. but he still has big problems. you heard a lot about sex addiction. but it is for real?
9:48 pm
and what does the treatment entail? we'll talk to one man who has twice been treated for sexual addiction. also in crime and punishment, that serial killer who was a winning bachelor on "the dating game." police have asked for help in women and girls he photographed. so far missing millenium mai be identified among the dozen found in the storage facility belonging to a killer. those stories and a lot more, larry, on "360." >> that's at 10:00 eastern, 7:00 pacific. chelsea king's parents are trying to recruit 100,000 facebook followers. go to facebook.com/chelsea's light. now back with us is prosecutor robin sachs. joining us defense attorney mark geragos. mark has defended sex offenders. robin has prosecuted them. if they're not curable, should they get out? >> absolutely not. not when you're talking about a
9:49 pm
serial serial sex offender pedophile abductor. i'm not talking about an unlawful sex between a 19-year-old and a 16-year-old. this is a different genre, a type of predator that needs to be in jail forever. >> larry: mark? >> i don't know that i disagree with that. i mean the biggest problem -- i've listened to part of the program tonight, and everybody talks about the system is broke. the system -- the big problem is that we're warehousing probably 100,000 more people than we need to warehouse in this state. and, you know, the prison industry is a great -- it's kind of like the military industrial complex. we've got the prison complex here in california. consequently, that's why the system is broken. everybody wants to throw people into the state prison there is probably 50,000 people that have no business being in state prison, that should be out. and they should concentrate on the people who need to be warehoused. >> larry: do you agree with that? >> i agree that we shouldn't be warehousing and dealing with all of the drug offenders and lightweight problems. but i think the problem with the system here is a systemic
9:50 pm
problem with the actual individuals within the system. this isn't a law problem. actually, the laws in california are actually quite good. if jessica's law were were actually being right now having people screened instead of being screened upon leaving through a paper check which is a huge problem going on right now, we wouldn't have as many out there. >> precisely the reason is because there is not enough reason to cover all the people who shouldn't. we cover all the people who didn't. >> are they different from other criminals? >> there is kind of grades, if you will. and robin i think pointed out one of the points. somebody who is having a 19 or a 20-year-old having sex with a 17-year-old. those are registered sex offenders or can be. they can be. >> larry: i'm talking about the guy with the 8-year-old. >> if there is somebody with an
9:51 pm
8-year-old or a 7-year-old, that's something that i think they have to emphasize the solution to that. it seems like there is an enormous capacity and tendency for recidivism. >> larry: what's the weakness in the system? >> there is no individual accountable for peek who work the system. every other business. if you are a doctor and do shoddy procedures, you will get sued for negligence. if you put the pipe in correctly. cops, judges, parole officers and d.c. fs are not liable for negligence and there is no accountability ofability. they have egg on their face, but no liability. >> something i have been screaming about. i can get sued for anything by anybody. you can see the cops, but you
9:52 pm
can't see the prosecutor and you can't sue the judge and the prisoner. other than if it's an excessive force situation. there is no accountability. >> except the cops for negligence. you can sue them for a tort. >> the tort meaning where there is some kind of a wrong. the bigger problem is we have way too many people warehoused in the prison system. we should be focused on the people we want to warehouse and not somebody -- we throw people in for 16 months, three or four years in state prison for the stupidest crimes in the state. somebody has a possession of crack cocaine a couple of grams, 16 months. somebody has got a second offense of petty theft. 16 months in state prison. i can go on and on with stupid crimes. they are crimes. i understand that. the idea that we will warehouse somebody for 16 months or two or
9:53 pm
four years when we have serious offenses that need to be treated seriously, i think it's why we have such a problem. >> larry: do you agree with knowing the predator in the neighborhood? >> that's helpful, but it doesn't solve everything. the dugard case, nobody checked him out and what he was doing. what about in ohio with the 12 or 11 women in the walls? they are still committing crimes. that's the problem. >> larry: we will be back with more. robin sacks and mark geragos. okay, audition in two weeks.
9:54 pm
whiten your smile. no red wine, blueberry pie, coffee, or tea. i've got it. ♪ [ female announcer ] introducing crest 3d white toothpaste. the remarkable new toothpaste that removes up to 80% of surface stains in just two weeks. good advice. what did i tell ya. [ female announcer ] for a noticeably whiter smile in just two weeks. new crest 3d white toothpaste. and try crest 3d white rinse. ooh.
9:55 pm
you have heel pressure. huh? you have high arches. really? (announcer) people everywhere are discovering what's really going on with their feet. you have flat feet. i do? (announcer) foot care scientists are behind dr. scholl's custom fit orthotic center. as flat as kansas, sir. that's flat. whoa! (announcer) its unique foot mapping technology identifies the areas you put the most pressure on. then recommends the custom fit orthotic that's best for your feet. for customized comfort all day long. for locations, see drscholls.com.
9:56 pm
there is no way to profile a predator. >> there is absolutely no way to profile a predator and that's that you can't say they look or act a certain way all the time. the thing they have in common is they tend to be manipulative. >> larry: they are all male? >> no, there female predators. traditionally it's more and few and far between, but i defended women accused of this. your show profiled women who traditionally in a teacher-student situation, but we had it in the baby-sitters and with the neighbors and things like that. there is really no way you can say somebody fits this type. you always have the image of the
9:57 pm
creepy guy who is sitting on the corner and it's not that. >> larry: when a person violates parole, why isn't he arrested immediately? >> there is not enough resources. frankly there is not the personal attention and accountability of someone who was sitting there managing and assigned to watching this person. >> larry: if you are on parole, you report every week? >> there is different levels of supervision. predators generally have issues of gps and global positioning system. people who have to check in that can't live near a school. you can solve this problem and everyone wants to talk about more legislation. that is not the answer. she has been and the solution is
9:58 pm
to stop warehousing and 50% of who we are and take the resources and focus on who we are. >> there is a parental responsibility in insisting your children never approach. >> what we know is sexual assaults and cases that we have seen have been the friends and the uncle and the teacher has the ability to create a relationship. it's a responsibility for parents to teach safety methods, but shouldn't get caught up in worry about the scare tactics of just the abductions and look about training kids and dealing with the people we know. >> that's exactly. >> the problem with cases like this is the rule. the cases in the criminal justice system is people that
9:59 pm
you know. >> limited time. is there a law you would write that's not on the books that you would write today? >> what i would write is we would utilize something and start writing anything. the only thing i would change is the whole prosecutors and county workers accountable. >> what would you write? >> i would unwrite the registration. i would make registration solely for who i think it was designed for. predators. i would not cast the net so wide that all the people who really aren't predators happen to be registered. >> the authorities can focus. >> they can focus on the people that are predators as opposed to someone who is banging away at a 16-year-old. >> why this occurs. earlier they began the show tonight. a beautiful day in san diego on a running k.
222 Views
IN COLLECTIONS
CNN Television Archive Television Archive News Search ServiceUploaded by TV Archive on