breaking news tonight. satsuma, florida, a 5-year-old little girl tucked into bed. five hours later, she's gone. vanished. the back door propped wide open. daddy comes home from the night shift to see not a trace of little haleigh. the last person to see the 5-year-old alive that night, girlfriend turned new stepmother, misty crossland. bombshell tonight, after croslin skips town following a bitter fight with haleigh's father, ronald cummings, a week passes, no sign of croslin.

her planned return home, come and passed, long passed. where is the key witness? in the last 72 hours, croslin's mother behind bars on felony forgery. bond, a whopping $100,000. she's already publicly stated her daughter hasn't come clean about the night haleigh vanishes. what else will she tell police now that she's behind bars? croslin's brother confesses in his own late-night jailhouse interrogation. he goes to haleigh's house the night she goes missing, pounds on the door, nobody home. in another major development, a woman caught on grainy surveillance video delivers a detailed tip as to haleigh's location. police investigate. big question, where was girlfriend-turned-stepmother misty croslin during the crucial hours when haleigh goes missing.

as croslin flunks another polygraph and goes missing herself, tonight, where is haleigh? >> what we need is for misty to come down here and tell us the truth. >> she is gone. she left town. misty is nowhere to be found. she is no longer in satsuma right now and ronald is not with her. >> i'm trying to do everything to find her. you know, i'm answering any questions i have to, because i know i didn't do anything to that little girl. >> reporter: harris reports misty and ron had a bitter fight and she took off with a friend. >> i don't think that she holds any information that's going to find haleigh. >> if i knew where she was, we wouldn't be sitting here today. we would have her. and i don't know where she is. >> i can tell you that she is not at home and she is on the road, not expected back anytime soon. as a result of a fight with ronald. >> reporter: investigators with the putnam county sheriff's

office spoke to the woman seen in this surveillance video. she dropped a letter off at the st. augustine record newspaper. >> it will probably solve what happened to haleigh cummings. >> and i want them to find whoever this is and i don't care who it is. but we want haleigh to come home. and tonight, after 30, hiding out in europe, a hollywood superstar finally behind bars. 30 years ago, he admits to raping a 13-year-old little girl at the home of superstar jack nicholson. at grand jury, that little girl testified under oath that he also forced anal sodomy on her. she's 13. after 30 years on the lam, he collides with lady justice. hollywood reaction this morning. they're, quote, shocked. oh, no, they're not shocked he

raped and sodomized a 13-year-old little girl. oh, no. a little girl he got drunk on champagne and quaaludes, but all the hollywood stars are shocked he's arrested for it. shame, shame, shame on them. tonight, polanski behind bars. lady justice comes through. thank heaven, better late than never. the movie director who made "chinatown," who won an oscar for t for the "pianist" is fighting extradition. >> the year was 1977. polanski was called before the grand jury to answer to charges that he participated in a statutory rape and sodomized a 13-year-old girl after giving her drugs and liquor in the

jacuzzi of actor jack nibb nicholson's home in the hollywood hills. >> he did make me a little uncomfortable. he asked me to change, you know, and i kind of turned my back and stuff, but it felt a little funny, but i thought, well, you know, that's what models do. >> the warrant was issued in 1978 after polanski pleaded guilty to committing sexual acts with a 13-year-old girl. >> after he was convicted of statutory rape, he fled the country prior to sentencing. director adrien brody says polanski's absence from hollywood has affected the industry. >> definitely young actors have lost out in america because they haven't had a cans to work with him. >> even if hollywood is able to forgive and forget, the law has not, and that is the issue. >> all that stuff was so traumatic that i never even had a chance to really, you know, worry about, you know, what happened that night with him.

it was like it just -- i had to worry about surviving the next day. >> good evening. i'm nancy grace. i want to thank you for being with us. after new stepmother misty croslin skips down following a bitter fight with haleigh's father, ronald cummings, a week passes. there's no sign of croslin. where is the key witness and what does that mean in the search for 5-year-old haleigh? >> when i went to sleep, she was there. and then when i woke up, she was gone. >> apparently, people saw misty and ronald having an argument over the weekend when all of this searching was going on, draining of the pond. there was a lot of tension, so they were arguing. >> sources tell me that ronald actually threw her clothes out, threw her out, and she was going down the road when he runs after her, apologizes, and brings her back. it was not pretty. >> i'm not hiding anything for anybody and if somebody has

something to do with it, let them fry. >> i would have woke up if i heard any noise. i didn't hear anything at all. >> that front door is all but ten feet from the bedroom where misty was sleeping with haleigh and junior that night. so if someone's wailing on the door, there's no way she couldn't have heard that. >> reporter: it took just a few seconds for this blond woman in blue scrubs to drop off a letter with reported information about what happened to haleigh cummings. it's one paragraph long, typed, and has three letters at the bottom. >> if the information is accurate, it's going to be pretty volatile. >> i believe haleigh is alive. i have faith in god to cake care of my baby girl and find here. >> straight out to jean casarez, joining us, legal correspondent with "in session." jean, misty croslin's friends and relatives gave us all sorts of stories last week as to where she was. they said, she's gone to orlando for a vacation. i don't know how you can afford

that. have you ever been to epcot? do you know how much it costs down there? and nobody is working, nobody has a job. that she was supposed to be back this weekend. then we heard that she went to the beach with her girlfriends. she's not back, jean. it's long past the time for her arrival home. >> that's right. mist y croslin, the last person to ever see haleigh alive, she has not returned to satsuma, florida. but it coincides with some important aspects of this case. a hand-written letter coming out of the local jail, saying that haleigh inhaled some pills, died, and the body was taken and put into a pond. and it also coincides with the arrest of her own mother on the scene. >> police have poo-pooed the letter. they don't want anyone to report about that letter, about the

details about a late-night party at which haleigh was present and swallowed oxycontin. i find it hard to believe that people at a party could all keep their pie holes shut this long and not blab. there's a $70,000 reward. but people do tell us, on the other hand, that they're investigating it and they have actually interrogated people about this. so somebody's taking it seriously. >> someone is taking it seriously. they have investigated her car. they took forensic evidence from her car. this person that wrote this letter. they have talked to her directly. you know, according to some, she's saying there's some sworn affidavit saying that all of this stuff is true. they won't confirm or deny whether this affidavit actually exists, but it's coming from somewhere, because not one but two letters have surfaced, nancy. >> straight to art harris at artharris.com. art, what can you tell me?

first of all, aside from the letter, i want to find out where is misty croslin? what are the various stories we've been told? >> we've been told that she was on a foray one to one of the amusement parks. i can confirm she was at universal studios with a friend and she was seen wearing a haleigh pendant around her neck. she was spotted by the press and she took off. there were rumors that ronald was going to join her, but that was not the case. i'm told they are still on the rocks and it's very questionable where she will go if she comes back to satsuma, nancy. >> did you say she's last been spotted in orlando? >> she was at universal a couple of days ago. >> doing what? >> just being a tourist. >> okay. to dr. jeff gardere, psychologist and author of "love prescription." okay, jeff, maybe i'm projecting, excuse me, dr. jeff, you're the doctor, i'm just a trial lawyer, maybe i'm projecting what i went through

when i was a crime victim, but following the sudden death or disappearance of someone you love deeply, i find it hard to imagine whooping it up at the epcot center. >> oh, absolutely. >> at orlando. let's go to disney world. i don't get it. it doesn't mesh to me. >> absolutely. this is the same misty croslin who was crying crocodile tears about what happened, you know, what may have happened to haleigh. she really has been inappropriate. we've seen this, nancy, in her behavior for the longest time. so it's not out of character that she's there, but it certainly is inappropriate that she should be partying while haleigh is still missing. >> art harris, where -- what time -- when was she supposed to have come home? >> there's been a lot of talk from satsuma from ron's family, trying to paper over their differences. but i am told that he would not take her phone calls.

>> she got out of bad and went to use the restroom and came back to find that my daughter was not in bed with her and the back door was wide open and she was gone.

>> 3:00 in the morning, i got up and i got up because i had to use the bathroom, but i didn't make it to the bathroom. i seen the kitchen light on and i walked in the kitchen and the back door is wide open. >> right beside me on my left is the bed where misty croslin was sleeping. and here on the right, we have the bed where little haleigh was sleeping. and you can see, it is all but about 3 1/2 feet from each other and this is right where misty said she got up and she had to go to the bathroom in the middle of the night. >> i have to leave the investigative part of this to law enforcement, because, you know, if i go with every whim and every accusation, then i'm going to be flipping back and forth in my life and you know what we stand -- we just stand

for haleigh here. we just want haleigh to come home. >> we are taking your calls live. let's unleash the lawyers. joining me out of new york, defense attorney carmen st. george. and joining me out of atlanta, mr. and mrs. eleanor odom. welcome, everyone. out to lorraine in new jersey. hi, lorraine. >> caller: hi, nancy. i can't believe your twins will be 2 already. i'm the one that made the pillow cases for them for their first birthday. so my question is, about the 20 times that ron called home, i don't understand that, because i have two kids. i would have called home twice. if i hadn't got an answer, i would have left work, i would have gone home. he could have got in, seen if anybody was there, and then he could have reported it to the cops immediately. do you think that would have made any difference at all?

>> i think it would have made a difference if he would have come home earlier. >> caller: i don't understand that. that really frustrates me. >> then tonight we would know, was she there, was she already missing. lorraine, number one, thank you for the pillow cases. we have used them and they are a thing of beauty. i have photos of them, actually. so lorraine in new jersey, thank you for that. you know, let's go to the lawyers. eleanor, peter, carmen st. george, first of all to you, eleanor odom, if i didn't have the nanny cam so when i am away from the twins, i can watch them constantly, i would go berserk if i kept calling home and nobody answered, i would assume the worst, something horrible had happened, that the place had burned down or the twins were sick and had to be rushed to the hospital. >> exactly. and it makes me wonder what ronald's got going on and whether or not he has to be at work. >> well, most of us do have to be at work. of course, he had to be at work.

he punched a clock. he had to drive about 30 minutes away to get there. and i'm guessing, carmen st. george, that they had just had a huge argument, because she had been missing for three straight days, doing i don't know what. but i believe that he thought she wasn't picking up because they were in the middle of an argument. >> nancy, i think i would agree with you. and i think there's evidence that they had been out partying the weekend before haleigh went missing. and there could have been an argument and she may not be picking up his callings. the i think the big issue is whether or not she was home. >> what about it, odom? >> i think it really collaborates the brother's story, misty's brother. >> let me clarify something, peter odom. you're the defense story. so it's not helping croslin for you to say the brother's story, that she wasn't home at the time haleigh goes missing was accurate. so help out misty, if you can. maybe you can't.

>> i think you would have to look at the course of conduct between misty and ron. you know, it's clear that they were arguing at some point close to that time. if she wasn't opening the phone, he might not think anything about that. >> i would cut ronald a break on that. to marie in mississippi. what's your question? >> caller: my question is, i've seen misty many times crying real tears and being real upset because of this and i've never seen ron do anything but screw up his face and whimper. and i think he married her to keep her close to him, but to make sure she wasn't telling on him instead of seeing what she might have done. i really believe you need to look closer to ron. >> but he absolutely has an alibi for when she went missing, marie. >> caller: who took up for him? who punched the clock for him at work? who made sure that -- >> okay, let me just dispel that right now. and i'm going to go out to art

harris. art, people at work saw him at work. nobody punched the clock for him. he showed up 30 minutes early to work after, i believe, one of them picking her up from the bus stop. yes, no? >> he's got a good alibi there, nancy, and he's got cell phone pings to towers nearby that put him there as well. >> what about it, marlaina? >> well, he also has confirmation from the police. they went all through his cell phone records, like art was saying, and the bottom line is, nancy, is that he had nothing to do with it. he's been cleared from police. >> but we do know that misty croslin claims she was going out of town for a girl's weekend away while her stepdaughter is missing. and many believe dead. but now she's never come home. why?

i want to get to the bottom of what happened. i don't know if hypnosis is going to do it. they've already tried to -- >> aren't you of the mind that you should try anything? >> absolutely. if that's what we need to do,

then that's what we can do. >> i wish they would have took me instead of her. i could have fought. she's only 5. she can't really do anything. >> everything she says is crazy. >> i don't know where she is. >> we would love to have a break in this case. and we really would not care who it implicates, as long as it brings haleigh back to us. i believe haleigh is alive. i have faith in god to take care of my baby girl and find her. and i don't care who had something to do with it. those were the people who need to be put away and bring my baby girl home. >> straight out to special guest joining us tonight, terry schumacher, the attorney for haleigh's biological father, ronald cumming. two quick questions, terry. number one, are there witnesses placing ronald cummings at work about 30 minutes before he was

supposed to punch in and that he was there until his shift ended, the night shift? yes, no? >> yes. and it's not a punch in, as far as a time clock. they actually have to use their fingerprints in order to scan in and check in for work. >> even better. what kind of job was it, terry? >> he was hired as a crane operator, but his job duties would differ depending on what they had in store for him that night. >> terry, you have appeared on our show many times, answered a lot of questions on so many different subjects. misty croslin, your client's wife, was supposed to be home by now. where is she? >> to my understanding, misty is still down in the orlando area. >> why? >> well, originally, we thought she was only going to be gone for a couple days. i know that ronald has been speaking with her regularly. i don't know the nature, the full nature of all those conversations, but i know that he has been speaking with her. >> my question is, why hasn't

she come home? >> i can't answer that for you, nancy. i wish you could. >> when i laid down, i guess i was out. >> there's no way she could have wandered off? >> no, she is scared of the dark. she would not go anywhere by herself.

during the course of this, i was posing with some champagne glasses and did drink champagne. so maybe that's why i was feeling a little more comfortable. so it got late towards the evening and then he wanted to take some pictures in the hot tub. you know, a real pretty-looking hot tub outside. and i was in there up to here, but topless, but covered up. so that was even still fine. and i didn't think anything -- you know, i assumed if something was showing, it would be cropped out and it would be appropriate,

because this was going to be for a magazine and it must be the way things are done. but then he got in the hot tub. that's when i realized that something was wrong. it was like, this doesn't feel right anymore. uh-oh. >> i feel deeply ashamed, because mr. polanski was supposed to be honored this evening. we were supposed to speak about his work, his career, and his outstanding films and now he's being arrested. >> i told him that i needed to get out of the hot tub and that he needed to take me home, because the steam was giving me an asthma attack. i'm feigning my asthma attack. we got out, went in the house, i was like, i need to go home, because i'm not feeling well. then that progressed to, you know, eventually, why don't you come in here and lay down into a

very dark room and that's when i really realized what his intentions were. you know, i said no, i didn't fight him off, i'm like, no, no, i don't want to go in there. no, i don't want to do this, no, and i didn't know what else to do. we were alone, and i didn't want to -- i didn't know what would happen if i made a scene, so i was just scared and after giving some resistance figured, well, i guess i'll get to go home after this. >> polanski admits, pleads guilty 30 years ago to raping a 13-year-old little girl. i've got the child's grand jury testimony, her sworn testimony here with me. she goes on to outline how he fed her champagne at the home of jack nicholson, that he gave her quaaludes at the home of jack nicholson. he then had her take her clothes off. she's 13 years old, and not only

did he rape this child, as he had pled guilty to under oath, but the girl goes on to outline forcible anal sodomy. but today when hollywood learns that he has been arrested on rape after 30 years, their response is that they are shocked. straight out to ellie jostad. ellie, what can you tell me? >> nancy, roman polanski was supposed to be honored this weekend at a film festival for a lifetime of achievements in the film industry. instead, he was arrested at the airport in zurich. he's behind bars right now. we believe the extradition process will start, which could end him back in california, facing the sentencing that he ditched out the night before he was supposed to be sentenced, over three decades ago. he got on a plane, took off to france, hasn't set back in the u.s. since then. he could have to come back to

california and finally be sentenced for this rape of the 13-year-old girl. >> take a listen to hollywood's reaction this morning to polanski's arrest. >> this is, for me, a shock, and i'm ashamed that twisz is doing such a thing to a brilliant, fantastic genius. >> i feel deeply ashamed, because mr. polanski was supposed to be honored this evening. we were supposed to speak about his work, his career, and his outstanding films. and now he's being arrested. >> we came to honor roman polanski as a great artist, but under these sudden and arcane circumstances, we can only think of him today as a human being, uncertain of the year ahead. his life has always informed his

art and it always will. this fledgling festival has been unfairly exploited and whenever this happens, the entire art world suffers. we hope today this latest order will be dropped. it is based on a three-decade-old case that is all but dead, except for a minor technicality. we stand by and await his release and his next master work. >> the art world is suffering. what technicality would that be, ellie jostad? the man admitted under oath that he raped a 13-year-old little girl, not to mention anal sodomy on a child! and debora winger says the art world is suffering? please explain the technicality. >> well, nancy, polanski's supporters allege that the prosecutor and the judge in this

case acted improperly. apparently, what was going to happen is, polanski was sentenced for about -- or he was sent to jail for 42 days for some psychiatric testing. apparently, his lawyers made a deal with prosecutors that he would plead guilty to this one charge of unlawful sexual intercourse, he would get time served and he would get no more jail time. apparently, polanski found out on the eve of that sentencing that the judge planned to renege on that deal and send him to jail. that's why he took off. his supporters claim that was improper. >> just stop right there. because that snocenario is impossible. let's unleash the lawyers and explain why polanski's side is lying about a so-called technicality. eleanor odom, a veteran prosecutor specializing on crimes against children, peter o.com, c odom, carmen st. george.

eleanor, that is complete bs. that scenario is impossible. because when you enter into a negotiated plea deal, the judge doesn't suddenly sentence you to jail that day. if he or she he rejects the deal, you have the right to go to trial. you don't get sent off to jail if a judge rejects a plea. that is absolutely a lie. that is not true. there is no technicality here. >> you're exactly right, nancy. what we've got is a negotiation between the prosecutor and the defense attorney. as you said, the judge does not have to accept it. if the judge does not accept it, the person has every right to go to trial. >> nancy, it's not an impossible scenario when there's collusion between the judge and the prosecutor. and that's what's alleged here. a court reviewing the process found irregularities in the sentencing process. unfortunately -- >> he was never sentenced, so how can there be irregularities in the sentencing process if he was never sentenced? the process was never complete.

>> there were irregularities -- >> such as? >> collusion -- >> what collusion? >> apparently, a prosecutor was manipulating -- i'm just quoting the ap reports that were out today. a prosecutor from the los angeles d.a.'s office was attempting to manipulate the judge that was doing the sentencing. >> was the judge manipulated? >> i've just reported what i read today. >> so you don't know, you're just repeating what a reporter said? >> well, i can tell you that a judge in reviewing the motion to dismiss that was never heard -- a judge from los angeles, did find irregularities in the process. unfortunately, those never got fleshed out because polanski, very unwisely in my view, fled. >> so long story short, eleanor, i believe what peter is telling us, is that this claim was made, a judge looked at it and said, you know what, you're making a claim so let's have a hearing and find out there was an irregularity. that's the crux of it.

there was nothing proven about an irregularity. in fact, carmen st. george, the only thing that we know for sure, is that roman polanski, a famous hollywood director admitted under oath he raped a 13-year-old. we know that much. >> we do know that, nancy, for sure. and no matter what irregularity is claimed, i still say that no one has the right to then flee the country or flee a state based on this. he does have to answer to this, but maybe it will come to governor schwarzenegger commuting this or pardoning him at this point, being that it's three decades later -- >> excuse me, put up carmen st. george. carmen, you're a new mother, right? >> i am, nancy. >> now, think about it. if your child, god for bebid wa treated this way and all this time passed -- the time has passed because he went on the run. it's not the victim's fault, it's not the judge's fault. it's polanski's fault. that's why the case is 30 years old. so you're saying because the case is old because he's been living it up in a mansion in

europe that we should just forget about it, that that's a problem, that lady justice should just pack her bagging a home? >> absolutely not. >> then what are you saying? >> i was a prosecutor for a long time. >> i know that. >> the victim in this case has settled with him, has come forward and said that she no longer is interested in this prosecution -- >> she says she has forgiven him. and frankly, lady justice is blind. just because she, in her -- at this time, 30 years later, doesn't want to rehash this in court, do you blame her? everyone, we are taking your calls live. to tonight's safety tips, a parent's worth nightmare, sids, sudden infant death syndrome, the leading cause of death in infants. always put your child under one year to sleep on their back. remember, back to sleep. use a sleeper instead of a blanket and a fitted bottom

sheet designed for cribs. make sure the crib is assembled properly and the mattress should always be firm with a snug fit so the baby cannot get trapped between the mattress and the crib. always keep the crib away from a window and always raise the crib railing. for more information, please, go to u.s. consumer product safety commission at cpsc.gov.

the year was 1977. polanski was called before the grand jury to answer charges that he participated in a statutory rape and sodomized a 13-year-old girl after giving her drugs and liquor in the jacuzzi of actor jack nicholson's home in the hollywood hills. >> he photographed me topless. he'd seen me topless. i was just thinking, this is very european, it must be all right. >> it was supposed to be a photo shoot, but the jury told the grand jury polanski gave her champagne and a quaalude and then forced her into sex. >> i'm feigning my asthma attack, we got out, put a towel on, i'm saying, i don't feel good, having trouble breathing.

>> polanski would plead guilty to one charge, unlawful sexual intercourse with a minor, but before sentencing, he fled to france, where he has lived ever since. >> i need to go home because i'm not feeling well. then that progressed to eventually, well, why don't you come into here and lay down, into a very dark room. and that's when i really realized what his intentions were. >> swiss police detained the 76-year-old polanski when he arrived at zurich airport saturday. authorities say he's being held based on a u.s. arrest warrant pending extradition proceedings. the warrant was issued in 1978 after polanski pleaded guilty to committing sexual acts with a 13-year-old girl. >> i said "no," i didn't fight him off. no, i don't want to go in there, i don't want to do this, no, and i didn't know what else to do. we were alone. >> this is a shock and i'm

ashamed that the swiss is doing such a thing to a brilliant, fantastic genius. >> he asked me to like change and change in front of him and stuff. it didn't feel right. i didn't, at that time, have the self-confidence to tell my mother and everyone, no, i'm not going to go. >> you are seeing sound from abc's "good morning america." the celeb yakking on and on about how polanski's brilliant, fantastic genius. well, according to court documents, he pleads guilty under oath to raping a 13-year-old little girl at the home of jack nicholson and she testifies in grand jury that he also forced anal sodomy on her. and today, hollywood's crying, eh, eh, that he has finally been arrested. out to you, tom o'neil, senior editor "in touch weekly." i want to go through that day.

give me the bullet points about what happened the day of the rape. and i'm not even saying alleged rape, because this guy pled guilty and before sentencing went down, he runs to europe and lives the rest of his life as a celebrity there. >> well, let's set up something else that's even more sinister here, nancy. it looks like that was premeditated. her mother was supposed to be with her for this photo shoot. there'd been a previous meeting between the mother and the girl. but mama wasn't allowed to come on the day of the shoot when she was invited to jack nicholson's house. she was asked to disrobe and get into the hot tub. he got naked, according to her testimony, and got into the hot tub with her. >> and not only there, eleanor, it then proceeded to the deep end of the pool where she insisted that she didn't have her clothes on and it was over her head and he would hold her open. then there were quaaludes and

champagne. she was describing this to the grand jury and the photos matched her story, the photos he was taking of her during this incident. >> and this was a 13-year-old child. she's very naive. >> joining me is dr. evelyn mania, women's health expert. thank you for being with us. >> thank you, nancy. >> you have dealt with so many women. >> so many. >> young ladies and women through all points in their life that have been raped as children. this is a child, a 13-year-old girl. it affects them forever. >> forever. and not only that, the physical aspects of it also. remember, she had anal sodomy. do you know that puts her at an increased risk for anal cancer in her future, let alone all the r mifications that there are with that, you can just imagine. so everybody is talking about, you know, this poor man and things like that. personally, i just don't have anything to say. i'm kind of, like, astounded

that we're actually talking about this. >> i'm stunned at hollywood's reaction. to marc klaas, special guest and president of klaas kid foundation. i can hardly take in everybody's response, because he's been living it up in europe for 30 years, we should forget what happened. >> i join you and others in expressing my disgust, that the art community feels victimized by this. and i join many in being appalled that somehow mr. polanski is being portrayed as some kind of a victim in this whole situation. if this case plays out on the merits of the case, he is going to go to prison. if it plays out any other way whatsoever, i think an increasingly cynical public will be reinforced in their belief that there are two systems of justice, one for the superwealthy and the superpowerful and one for the rest of us.

>> to ron shindel, if someone so much touched a hair on the twin's head, they wouldn't need a judge. they would get a little finger . they wouldn't get a judge. they'd get a finger necklace. i am stunned everyone thinks we should forget about this and i hope some l.a. judge doesn't agree. >> this is the case that's simple. he pled guilty. he is convicted. he could come back and serve his time. >> out to tammy in massachusetts. >> yes, nancy, that was one part of my question. i don't know if they were exaggerating on a show i saw today, but they said something to the effect, to 100 years. >> no. he never got sentenced. i realize that now.

>> caller: how could there be a sta chut of limitations. i have a daughter myself and listening to deborah winger, i could physically vomit. >> as we go to break, happy birthday to south carolina friend, david. he loves the sea, volunteering.

181 p brave women across 31 countries raised nearly $1 million in the fight against breast cancer. they break the world record in women's freestyle formation skydiving. tonight, jacqueline, one of the women who jumped for the cause is with us live. you're very, very brave. tell me, aside from you raising a million dollars, what was it like? >> it was almost indescribable. a great feeling to see so many

women come together regardless of race, religion, nationality, all for one common goal and to have everybody get along. it was incredible. >> i mean, what was it like -- going through the air like a bullet and trying to grab somebody's hand and look coordinated in the air. by the way, which one are you? i can't even imagine it. >> well, it's not as much bullet-like as you would think, even though you are going 120. we did a lot of practice on the ground and everybody knew exactly where they were supposed to go. >> how can you quote, know where you're supposed to go? with me, jacqueline, who skydived for breast cancer

awareness. you can find the cause at jump for the cause.com. how do you find where you're supposed to be. >> it's called a dirt dive. you get everybody all dressed up so you know what color everybody is. >> we're showing video of you guys jumping right now and i've got to tell you, you are my new hero. everybody jump for the cause. let's stop and remember andrew p parkins highly decorated. loved volunteering, taking special needs children fishing. leaves behind grieving parents, four sisters and three brothers. andrew perkins, american hero. thank you for being with us

tonight. congr congratulations to michael. coming up next on "issues," mystery in malibu. missing woman. she was at a fancy restaurant and didn't have the $90 to pay her bill, ended up arrested and then about 1:30 in the morning, she's released. doesn't have a car because they impounded it. walks off into the night, 24-year-old woman by herself, never seen again. we don't know where she was now and we've got to find out. her family is furious. we're going to dive deep into this issue tonight on "issues" and we're going to talk about a really horrific case. this woman was trying to hail a

cab after coming from a wedding, mowed over by a drunk driver who happens to be an off-duty cop. e

tonight, a bizarre disappearance in malibu. a young woman vanished just minutes after leaving a police station. the l.a. times says this part-time teacher and executive assistant was taken in by police after she claimed to be from mars and was going to avenge michael jackson's death, despite all this obvious crazy behavior, cops released her with no car, no phone and no purse. now she's missing in malibu and her family's pointing the finger at police. but is there another side to this story? you won't believe what some people are saying. and boozed up and behind the wheel. an off duty nypd cop is accused of killing a pedestrian while

driving drunk. this poor woman was just trying to hail a cab on the way home from a wedding. the "new york post" reports the cop had been drinking for more than two hours and his passenger and fellow cop allegedly fled the scene. while this woman was bleeding to death. some wonder how could cops allegedly be involved in something like this? tonight's big issue, alcoholism doesn't recognize a uniform. plus, explosive new details in the john travolta extortion trial. "people" magazine says the alleged extortionist tried to set fire to the evidence and flush the ashes down the toilet. meantime, we're learning more shockers about the secret video of the alleged extortion. you won't believe this. one of the accused claims he wanted millions of dollars so he could play robin hood and give the money to the poor. "issues" starts now. tonight, missing in malibu. what happened to mitrice richardson, the young woman

walked out of a police station after a bizarre evening in one of the most exclusive areas in all america and indeed, the world, then she simply vanished into thin air. her family claims los angeles police did not do their job. why, oh, why did they let a 24-year-old woman walk out of a sheriff's substation alone at 1:30 in the morning on september 17th with no car, they impounded it, no purse, and no cell phone, in an area where there is little, if any, public transportation. >> i'm upset. but i'm going to keep a level head because i've been asked to, but i don't expect for these people to move because they haven't. >> richardson had been arrested at a swanky restaurant in malibu earlier that night. a manager had called police when she couldn't pay her $90 bill. that's what all this is about? her mom says her daughter would never walk out on a bill,

especially since she's got two grand in the bank. >> i just specifically told the deputy this is uncharacteristic of my daughter. my daughter does not go places and not pay a tab. i continuously reiterated, something is wrong with my daughter. >> cops say they found a small amount of pot in richardson's car and they booked her for possession, and for allegedly not paying the check. too bad she wasn't a celebrity. we've all heard stories about stars racking up huge, massive bills and assuming they don't have to pay. police say they offered to let this woman sleep in the station's lobby but she refused. a short time later, she walked out of the station house alone and has not been heard from since. i want to hear from you at home, however. what do you think about all this? first, straight out to my outstanding expert panel. clinical psychiatrist, dr. dale archer. curtis sliwa, founder of the

guardian angels. and we are delighted to have the attorney for mitrice's family and wabc talk radio host and my buddy from back in l.a., leo terrell. first, "los angeles times" reporter carla hall. carla, you have been tracking this case from the beginning. what is the very latest? >> well, the very latest is that she's still missing. they covered 60 to 80 square miles of malibu on saturday in a search that took them through the air and on ground, with dogs, with bloodhounds, with horses, and they couldn't find her. so they still don't know where she is. they are still sifting through clues and sightings. there was a sighting yesterday that she was in manhattan beach, but that's completely unconfirmed. there was a sighting that she was seen at a west hollywood restaurant last monday, and lapd are trying to get footage, camera footage, from the restaurant to see if maybe she

does show up on that. >> yeah. this is just crazy. curtis sliwa, i got to say, this is all over an $89.97 bill and on top of that, according to the wire copy i read, this woman called her great grandmother and said hey, give them your card and they wouldn't take her card because she didn't have a fax machine, this is according to published reports, to fax her signature so they wouldn't take the great-grandmother's card for $89.97. instead, this woman is arrested and this is malibu, where you know the celebrities, boy, curtis, you know they rack up these huge bills with alcohol, they just march out, not of this restaurant necessarily but all over the place. >> always. and you know, they say on the cuff, don't you know who i am. oh, please. you're not going to burden me with a bill, who do you think i am. but also, this woman was showing that she was in disarray. she was acting like she was talking to martians.

you could see that mentally she was impaired. you would have thought the maitre' d or whoever was in charge would say let's take the credit card number and hope for the best and let's just get her out of here. that's generally what you do. >> yeah. >> jane, i actually talked to the restaurant owner and they have a slightly different take on that. they say that they were concerned about her, they say that as the evening went on, and it was clear she couldn't pay, the question was less about the money that she couldn't produce and more about her safety. this is what they say, that they were actually concerned that she was in no state of mind to be driving and they believed that calling the sheriff's deputies would actually be the safer thing for her. at least -- >> you know what -- >> that's what they say. >> let's let leo terrell jump in. he is the attorney for the family of this missing woman. leo? >> jane, everybody's rewriting history. joffrey's rewriting history

because they didn't expect this to happen and the l.a. sheriff's department who let this lady leave the jail after 12:00 at night after they were informed the mother said she was going to come pick them up. i'm telling you right now the reason why this woman is lost is because of the incompetence of l.a. county sheriff's department. if her name was lohan or spears, they never let her walk out of that sheriff's department without car, without a cell phone, without any form of communication. jane, she lives 60 miles away and they could have held her because of her mental impairment, they could have put a 5150 hold on her. they failed to take this action. they are responsible why she is currently missing. >> absolutely. i agree with you. the celebrities, you know what happens, dr. dale archer, in malibu. we had the high speed chase with, who was it, lindsay lohan, high speed chase down pch where they were pulling wheelies and it ended up they drove right into the santa monica police station. >> yeah.

>> and you know, she wasn't let go in some godforsaken forest at 1:30 in the morning. >> jane, what the -- >> i think that what concerns me is actually what took place, because when you hear her family talk, they say this is so out of character for her, she would never do anything like that. and she looked disheveled and she was obviously impaired. so then the question is, what exactly was going on. >> all right. let me get to that right now. the restaurant manager said mitrice richardson was acting off the wall, possibly intoxicated. they claim that she said she was from mars and was speaking gibberish. her cousin said she took one look at her cousin's mug shot, maybe we can show it to you in a little bit -- there it is -- that's not the mug shots. i think the mug shot's on the left. but she knew, there it is. take a look at her eyes right there. she knew something was very wrong. listen to this. >> we don't know the person that's in that booking report. something happened. what? that's why we're here today. what and where is she? we want her home.

>> okay. police tell a very different story about richardson's behavior that night. they say she was lucid and passed a field sobriety test at the restaurant. so leo terrell, you're the attorney for the family. i don't get it. one minute she's acting crazy, talking gibberish, saying she's there to avenge michael jackson's death and the next minute the police arrived and she's fine and dandy? >> again, they're rewriting history. >> who? >> because -- the l.a. county sheriff's department. we cannot believe anything that comes out of the press spokesperson's mouth. he's not a lawyer. he's not a police officer. he's trying to spin this. they arrested her and jane, the reasons that they arrested her were the same reasons why they should have kept her there instead of letting her leave at 1:30 in the morning. it's outrageous because she had no means of finding her way back home. this is why -- >> let me just say this. lou polombo, in defense of law enforcement, they claim they said to her you can wait in the lobby if you want, you can sleep

here in the lobby and she said no, i'm going to leave. >> yeah, i understand that element of this, but i do have to say that once this young lady made a decision to leave the facility in calabassas, which i am familiar with myself, that the police probably should have facilitated a safe passage for her home. i think there was a lapse in judgment. >> thank you. >> thank you. >> okay. >> there's a little bit of gray area here, though, jane. this young lady's 24 years old. she was released after probably being issued what they call a desk appearance ticket, and for whatever reason, the police i think maybe misassessed her condition or her state. i would have contacted a parent and guardian but i will tell you this, being a father myself, if these were circumstances i was living with, i would be furious right now. >> absolutely. you know what, here's the other thing. why did they impound her car? i mean, if the cops determine that she was lucid and fine, then why did they impound her car for a small amount of marijuana?

is that what it's come to in this country, where a small amount of marijuana, they take away your car and you walk away in the middle of the night and you disappear, nobody ever sees you again? i mean, that's crazy. that's why i'm in favor of the legalization of marijuana, because all over california, people are eating medicinal marijuana we all know that, anybody who's been to california. so it's absurd. it's totally crazy and this woman is missing as a result. but there could be another aspect and that is what law enforcement sources are insinuating about her sexual orientation. we'll discuss that when we come right back. what do you think about this mysterious missing in malibu case? we're taking your calls. 1-877-586-7297. coming up, will a secret videotape clear john travolta's name in his son's death? we'll examine shocking new details. then a missing girl's dad begs for her safe return. >> you can never do no wrong in my eyes so if you had a meltdown, come holler at me, we

can always sit down and talk about it.

joffrey's will not give me a tape. they will not give me a tape. nobody will give me a report. nobody's doing nothing. >> that was mitrice richardson's

father. he is livid, furious over how his missing daughter's case is being investigated. we're not hearing unconfirmed reports from law enforcement sources claiming that mitrice could be having problems with her family over her sexual orientation and doesn't want to be found. again, we are not able to confirm those reports. we reached out to mitrice's parents but haven't heard back. however, if that is the case, and i'm saying if, it wouldn't be the first time. it's a scenario that happens every single day. studies show in fact 50% of young gays and lesbians say their parents rejected them because of their homosexuality. 26% said they have to leave home because of it. leo terrell, you are the attorney for the richardson family. again, these are unconfirmed reports but they are coming from law enforcement sources. what is your take on their -- >> i'll tell you right now. it makes me furious. there is a loving relationship between mitrice richardson and her family, and this is a classic example of law enforcement trying to divert the

attention away from their incompetence because these stories have no bearing as to why the los angeles county sheriff's department allowed this young lady, straight a student, to leave without any form of getting home. so it's a false statement about any type of split or animosity between the mother and father and their daughter. they love their daughter and the daughter loves them as well. >> curtis sliwa, this seems very bizarre to me, and if in fact there is no rift between the family and this young woman who's missing, it seems odd that that story would be floated. something's fishy in denmark here or malibu, as it were. >> oh, no doubt. but i would prefer to focus on what the police officer called the desk appearance ticket. jane, i have received many of those in my time. i have been arrested 76 times so i know all about going through this -- >> congratulations.

>> well, always because at that time, they didn't like the guardian angels so they would harass me. when they give you a desk appearance ticket, it means it's not considered a very serious matter. they call it a disappearance ticket. they don't assume the person is going to disappear, but she is an adult and once they release her, they don't necessarily have the responsibility to force her to stay -- >> but they took her car, curtis. >> they took her car. and she was mentally -- she had mental issues. she had mental issues. >> robin, robin, robin, robin bond? >> thank you. it's -- what is the duty that the organization had to this woman and was it unreasonable? did they have a reason to believe that she was a danger to herself or others? >> yes. >> it seems that they definitely did. so what would a reasonably prudent person do under those circumstances? would they call a cab for her? would they hold her until her parents arrived? would they monitor? would they put her in a police

car and take her home? there are a lot of different varieties here and i think that's the real question. was there a duty that was breached here. >> carla hall. carla hall, hold on a second. carla hall, you have been reporting on this case. do the police, the law enforcement there, offer any explanation? how ironic it's called the lost hills station. that they didn't put her in a taxicab or they didn't just simply drive her home. what the heck are they doing at 1:30 in the morning that they're so busy they couldn't drive this young lady home? >> actually, they said they weren't busy that night. actually, they said they weren't busy that night. they said that there was a custody assistant who was essentially in charge of people in their cells and that woman became very friendly with mitrice and talked to her a lot, and when mitrice was finally released, the woman, it was a woman, said to mitrice would you like to just stay the night and stay in the cell, there's a bed, there's a bathroom, you're still free to go, but at least there's a place here where you can stay. >> i want to take issue with

that, carla. >> that's okay. again, i'm not sure that this is what happened. i'm just telling you what the sheriff's department says. >> the custody assistant is the same lady who told mr. richardson quote, we don't run a babysitting operation here. and that shows you the state of mind of that department, because they didn't understand the magnitude of the issue involving mitrice. she had issues. >> what issues did she have, leo? >> she had mental issues which were demonstrated at joffrey's, demonstrated by her request to sit with strangers, about her coming from a different planet. >> jane -- >> those were the issues. >> jane, to protect against corporate liability here, you would really think that any organization would say well, you know, we are the ones who removed her from the street, not before we put her back on to the street, what are we looking at doing here in terms of our danger to protect and serve? >> hold on. i don't understand something. lou, richardson is not a criminal. she's a cal state fullerton

graduate, she passed the test to be a substitute teacher. she works as an executive assistant for a freight company. she lives with her great-grandmother who says she's responsible and does volunteer work. how can she be loony-tunes at the same time. >> no one understands the circumstances that went on in joffrey's. for all we know, this young lady may have ingested a controlled substance, unbeknownst to her. the whole issue focuses around the handling by the police department. may i finish, sir? one of the things that is disturbing is the fact that the lost hills sheriff's station is in a fairly rural area, and i would think -- >> of course it is. >> just as human beings, we would have taken a little more interest instead of just doing the boilerplate -- >> jane -- >> you know if she was a celebrity they wouldn't have let

her walk out. if it was lindsay lohan, she wouldn't be walking out on the street. >> we're aware of the double standards here. >> it's called gross negligence. >> more on the missing woman in malibu in a moment. and a new york cop charged with drunken manslaughter, is his fellow cop buddy in trouble?

we want our daughter found. we feel that there's not been enough efforts to locate her. all we want is our daughter home. >> that's mitrice richardson's mom, desperate for any news about her daughter. she left a sheriff's station near malibu september 17th, hasn't been seen or heard from since. why are we just finding out about this now? misty, oregon, your question or thought? >> caller: yes, i just have a comment. i don't think the police did anything wrong. it's not their job to babysit once an inmate's released. >> excuse me? >> caller: if they felt that she had a mental problem, they could get her on a 72 ur >> can i speak to that very

quickly? this is not about the law. this is not about the law. >> wait, wait. this is what i don't understand, leo terrell. does she have a mental problem because her family sort of seems to be saying well wait, she's a responsible person, she's a college graduate, she's passed all these tests. what is it? >> jane, we're saying and it's the words of the innkeeper at joffrey's and the patrons. show was exhibiting bizarre behavior. those were red signs, those were flags that she exhibited. she sat with strangers, she's from another planet. she wasn't drunk, so there was something of a mental crisis. at the very least -- >> what's behind a mental crisis? i mean -- >> it was enough to justify not letting her -- let me finish. it was enough to justify not letting her walk out of there at 12:30 at night. >> jane -- >> put her on a watch commander hold. >> jane, there are a lot of things that would explain what was going on here. it could have been a small stroke. it could have been a brief reactive psyhosis. it could have been drugs if the marijuana in the car was dusted with pcp.

>> she also could have been sarcastic. she could have been hassled about the check and said sarcastically, oh, yeah, i'm here to avenge michael jackson's death. >> it didn't sound to me based on talking to the people at joffrey's it was sarcastic. they thought something was wrong. not something hugely crazy about her, but there was something that was off. there was something disturbing about her. there was something going on with her psychologically. whether it was drug-induced or whether she had had some kind of episode. something was going on with her. >> right. >> jane, jane -- >> hold it. let me see the panel. >> i kind of wonder if when she got to the sheriff's station and she was there for several hours, you know, what they claim is that they have to release people in a certain time frame. >> not true. >> curtis sliwa was shaking his beret. go for it.

curtis. curtis. you're not curtis, robin. there's a guy with a red beret over there. >> jane, i have been in lockup. most of the people in lockup have mental issues. or are stoned on alcohol or drugs. they get released all through the night, all through the day. depending on when the paperwork is processed. >> you're talking about manhattan. where you can grab a subway. >> no, no, no. >> robin bond, this is the country, i have been there, malibu, my gosh, you don't walk in california for a reason. >> that's right. it's not what a reasonably prudent person would do. >> hold on, hold on. i don't want to be accused of losing control of my panel. i'm going to give the last word to the shrink, dr. dale archer. ten seconds. >> i just think it's horrible they do a sobriety test and say okay, she's fine, she can go, when mental illness does not cause you to fail a sobriety test. >> all right. listen, we will stay on top of this. you're all invited back. we're not going to rest until this poor young woman is found. coming up, shock and disgust. a new york cop allegedly responsible for getting behind the wheel drunk and killing an incident woman.

next.

boozed up and behind the wheel. an off duty nypd cop accused of killing a pedestrian while driving drunk. this poor woman was just trying to hail a cab on the way home from a wedding. tonight's big issue, does booze recognize a uniform? plus, explosive new details in the john travolta extortion trial. "people" magazine reports the alleged extortionist tried to set fire to the key piece of evidence and flush the ashes down the toilet. a woman dies a horrifying death, apparently hit by a car driven by an off duty cop. so no, this was not just a

traffic accident. nypd officer andrew kelly was allegedly drunk when he smashed his jeep into veonique valnor. >> the officers who responded to that accident, detected the smell of alcohol on the driver's breath. >> all right. cops say she was hailing a taxicab. hello, taxi, taxi, when he allegedly drove his suv right into her, flipping her body into the air. it gets worse. as she's lying in the street dying, the cops apparently have passengers in the car, they allegedly flee the scene and guess what? one of those passengers was also a police officer himself. the cop behind the wheel did stay and try to help his victim. the "new york post" reports he gave her cpr and got her breathing but she died at the hospital. her friends and family are understandably devastated. >> he took somebody's sister, you took somebody's daughter,

you took somebody's sister or somebody's friend. you leave us with the hurt and pain. you leave us mourning. >> the victim was a pastor's daughter and reportedly, and ironically, a non-drinker herself. she was leaving a wedding at her church. officer andrew kelly has been charged with vehicular manslaughter and driving while intoxicated. it's infuriating that the person whose job it is to protect us from drunk drivers is allegedly wasted behind the wheel. but guess what? alcoholism does not discriminate. a uniform cannot protect you against having a problem with booze. straight out to my expert panel, criminal defense attorney, michael cardoza. curtis sliwa, founder of guardian angels and also joining us, dr. reef karim, addiction specialist and psychiatrist as well as former cop, lou polumbo. dr. karim, we have to start with you. what goes on when someone

decides to get behind the wheel after hours of alleged drinking? >> obviously, they don't have a concern for their safety or other people's safety at that moment in time. what's tragic here is that police officers' job and many good police officers will tell you, serve and protect. serve and protect. alcohol does not help you serve and protect. alcohol messes up your reaction time, your impairment in regards to driving, memory, all sorts of other stuff. and you're impulsive. the fact that they would flee the scene shows the impulsiveity. alcohol does not discriminate and alcohol should be nowhere near anybody whose job is to serve and protect. >> and guess what, you can't say well, this one individual might have been in a blackout because there were other people in the car with him who could have said you shouldn't be driving. so that's another big problem. >> yeah. the accountability's not just on him. it's on everyone in the car. >> cops say when they found this

fellow officer at the scene, he allegedly reeked of alcohol, was slurring his speech and had bloodshot eyes. a friend who witnessed the crash described the horrific scene. >> the car was coming and they're like veronica, come back across the street. i guess as she turned around, well, she tried to turn around, the car hit her on the right side. >> they said that the car hit her so hard that she almost hit the traffic light. >> now, michael cardoza, cops found alcoholic drinks in the car, they say, and here's the interesting part. the cop who was driving allegedly refused a breathalyzer at the scene so detectives had to get a subpoena in order to do a test on his blood alcohol level at the hospital but of course, it takes time to get a subpoena, and go to the hospital. during which time, your blood alcohol level drops. so -- >> well, that's not necessarily true. you could be on the way up, too. >> that's true. >> you start drinking, you're at 00 and then you go up and then you come down so you don't know which way it's going.

but that's why the experts will be important here, jane. and keep in mind that pass, that's what we call it in california, the pre-alcohol screening, people don't have to take that one in the street. you have to take the one back at the station. police officers oftentimes forget to tell people when they stop them for a dui, they do not by law have to take the one in the street. >> yeah, but -- >> it may be the same in brooklyn. he had every right to refuse it. you can't criticize that. you can't. >> curtis sliwa, as a cop he knows how to play the game. he knows that he doesn't have to take that breathalyzer test at the scene, which a lot of other people don't because they do take the breathalyzer test and are determined to be drunk, and so it's possible that if time passes, your alcohol level can go down, because i've done stories on it. i've done stories on people who have hemmed and hawed and all of a sudden, they drop right below. it's interesting that we do not have anywhere in published reports today his blood alcohol level, which we usually would have the day after in a story like this.

>> right, but jane, he had been binge drinking that day. he went to the gin mill near the precinct in brooklyn, then he went to a friend's house to watch the notre dame football game, continued to drink, then came back to the same bar, gin mill, the cop bar to drink, and you would have thought some of his colleagues, whether they were coming on duty, off duty, and saw him and said hey, kelly, yo, slow it down, man. you got a snout on you. you been drinking way too much. unfortunately, as part of the culture, they have gin mills, whenever you leave a cop shop or precinct, notice how close the bars are and how they reduce their drinks for the cops who are off duty which just fuels this problem more and more. >> well, again, allegedly, he hasn't been convicted of anything. lou, here's the interesting part. you're a former cop. and i know you're a very good one because i see you in action as a private detective and you really know your stuff. the officer who allegedly left the car, okay, what could he face? he wasn't driving, but he is a

cop. he claims investigators at the scene told him that he was cleared to leave and then he shows up later at a station house but apparently, nypd brass were furious that he left the scene. what kind of trouble is he in? >> well, they could clearly charge him with conduct unbecoming, malfeasance of duty. but the thing you have to understand here, jane, is that this is going to go through a thorough investigation, and both of these gentlemen are going to be properly addressed. it's important not to paint an entire police department of 38,000 young men and women with the same brush. there again was a mistake made here but you have to let this run its course. i think commissioner kelly will do what's appropriate here. i can't imagine for the life of me what this officer was thinking when he left -- >> when you're drinking, you ain't thinking. we all know that. i'm a recovering alcoholic. when you're drinking, you ain't thinking about anything. that brings us to tonight's big issue. alcohol doesn't recognize a uniform. andrew kelly is reportedly a

seven year nypd veteran, father of two, but alcohol can affect anyone, even police officers. take a look at this photo from "the new york post." they say this is allegedly the other cop who was a passenger and fled the scene allegedly. he is posing with a bottle of beer. the "post" also reporting, this is "the new york post" this guy's facebook says drink up, life is too short, and lists his favorite music as any music that makes me drink, lol. hln has not been able to confirm that that photo is in fact the other officer involved, and cops have not named him but dr. reef karim, if you're posing with a bottle of alcohol, posting these comments, what does that indicate, if anything? >> well, i mean, in my mind, the power of addiction is really the point of this case. in the limbic system of a police officer is the same as a homeless person or celebrity or anybody else. in regards to the binge drinking, the other guests are right, it really depends. if he was bingeing the whole day, his blood alcohol level was probably high to start with. if he acutely binged right before he got in the car, it

would only go up as his liver detoxified the alcohol. either way, it's interesting to see about the blood alcohol level not being there at this point in time but again, the take-home message, alcohol doesn't work for somebody acutely getting in a car, whether you're a police officer or you're not. >> michael cardoza, i don't want to paint a broad brush. i live in new york city, love the police. they keep me safe, they're great. this is not to attack all police officers. but it's simply to say that alcoholism or drinking problems do not discriminate and it doesn't matter whether you're wearing a fancy suit or -- >> of course not. >> i'm the face of alcoholism, too. >> well, jane, number one, let's go back to what you said earlier. usually a day after an incident, you have the blood alcohol. that's if it's a breathalyzer test. remember, they took his blood. they have to do the forensic on the blood. that's going to take a week or two before we get that. what's of more importance to me is that police officer leaving the scene. how cooperative were these officers during the

investigation. we don't know what his blood alcohol will turn out to be and that will be dispositive in this case because if it's below 0.8, that's legal. so where is he on that scale? he was the one that stayed behind to help. the other officer left. he should be punished for that. but if someone told him to leave, that's of higher authority, he had every right to leave. >> we got to leave it right there. we need to realize the face of alcoholism isn't just that bum on the corner with the brown paper bag. it could be a cop. it was me. this is national recovery month, a great time to get sober. in "i want" you will learn so much about my struggle with alcohol addiction and how i overcame it. order my recovery memoir out now in book stores or click on cnn.com/jane. look for the order section. if you're an addict or relative of alcoholic or addict, i assure you this book can help you. thank you, outstanding panel,

once again. coming up, evidence destroyed in the casey anthony case. we will tell you how it happened and what it means to the case. speaking of evidence, jurors in the john travolta extortion trial watching a 44-minute brand new videotape today. what's on it? we will tell you about it. also taking your calls, 1-877-jvm says. 1-877-586-7297. weigh in on john travolta.

a new videotape in john travolta's extortion trial surfaces. what it shows about his role in the aftermath of his son's death. we'll explore. but first, "top of the block" tonight. breaking news in the murder case against casey anthony.

remember that case, we were talking about all the time for awhile. a key piece of evidence now obsolete and the worst part of it, it's the fbi's fault. remember that duct tape found stretched across caylee's mouth? any shape on the duct tape has reportedly vanished during a fingerprint testing process at an fbi lab. a mistake like that leaves the door wide open for casey's defense team to start asking what else did investigators mess up. we are anticipating a huge document dump tomorrow and "issues" will air a special report on that. be sure to tune in tomorrow and that is tonight's "top of the block." also tonight, jaw-dropping evidence in the trial of two alleged extortionists accused of trying to squeeze john travolta out of millions. an ex-senator from the bahamas and the ambulance driver who scrambled jett travolta and his terrified parents to the

hospital the very day jett died. prosecutors in the bahamas say they have proof positive that the pair threatened to go public with a refusal to transport documents unless john travolta paid big bucks to keep it under wraps. now that document is nowhere to be found. according to a police report, a copy of the document went up in smoke and down the toilet when former senator pleasant bridgewater burned it with a candle and then flushed the ashes down the toilet. lovely. as for the original, police can't seem to find it. meantime, "people" magazine confirms the existence of two, count them, two secretly recorded videotapes, negotiations between the alleged extortionists and john travolta's lawyer. quote, where the hell did you get the number $25 million, demands the lawyer. i was poor all my life, me and my family. we were struggling all our life. i wanted to do things for charity all my life. pleads ambulance driver, lightbourn. you're a bahamian robin hood, man, says the lawyer who reportedly laughed. but it was no joke and according

to the people reporter who watched the tape, they eventually settled for $15 million. at least until the cops came in and arrested the alleged extortionist. tonight, big issue. what is up with these alleged criminals who rationalize their behavior? oh, i'm a robin hood, i'm going to give my money to the poor after i steal it. i want to know what you think. give me a call. straight out to my fantastic expert panel. joining me, ken baker, executive news editor at e. what is going on with the trial itself? where is john travolta and is he going to testify again? >> well, travolta as you said did testify last week. it was a very emotional day-long time when he was on the stand and it was really interesting, because he did reveal some very interesting things, not only that he believes he was extorted, but he admitted for the first time publicly that his son jett, who was 16 at the time of his death, did have autism, which was never confirmed before

and really showed that he did have a very serious condition in which he was having, every five to ten days, he would have a seizure and when they were in the bahamas in january and he did suffer the seizure, that was the one that did prove fatal. now, an interesting aspect here is that he is going to be testifying once again in this trial, he's expected sometime in october to return to the stand to face more questioning. right now, travolta is believed to be back in florida, which is his home state, awaiting the call from the court to come back. an interesting thing here to recognize is this has got to be one of the lowest forms of humanity if this proves true. here was this family, grieving the loss of their 16-year-old child and just, you know, them having to basically die in their arms, they had their son die in their arms, to have them allegedly extorted like this is just absolutely horrible. they're grieving as it is, and if there's any smoking gun that i've ever seen, this tape would be a smoking gun. they outline, the paramedic outlines what his motive was. i'm poor and i need money. he outlines what he wants, $15 million.

he outlines how he wants it, in an envelope as soon as possible. it was very clear. and he said if he gets it, what would happen. they said it would be buried like the titanic, woe get rid of that document if he paid him. that's certainly to me, it would seem like a clear case. i don't know besides pure greed what these people would have been thinking. >> you raise tonight's big issue. when criminal activity is rationalized by the perpetrators or their enablers. lightbourn apparently wanted to give this money to charity. another glaring example, anna nicole smith's doctors. they're charged with funneling anna nicole thousands of pills and she ultimately overdosed. the doctors, oh, we're just trying to help her get through her son's death. husband of the so-called one-way driver says his wife wasn't

drunk and high on pot as the cops say when she smashed her van. she said, well, the husband said she had a traveling lump on her leg and might have been suffering a reaction to ambasol. it's so ridiculous. people manage to rationalize their behavior. >> and saturday night, what a piece of work. victoria gotti on "48 hours" on cbs saying her father john gotti sr., as you know, my enemy, would steal from people and play robin hood and give it to the poor people. and i say, you've got to be nuts. and apparently these people have it in their minds that that's going to be their defense. when all it's about is greed and taking advantage of the poor travolta family. you know, the bahamas used to lash you with the tails and used to have the death penalty. i think maybe for the ex-senator and for the emt, maybe a little death penalty or at least tails

might satisfy somebody's need to seek revenge against these two. >> you know, this is truly the gang that couldn't shoot straight. this whole conspiracy makes absolutely no sense. that document doesn't even mean anything. there's no reason to pay a nickel for it. we have an exciting addition to our primetime lineup coming your way. "the joy behar show. "

just days after jet travolta's tragic death, radaronline was on the ground in bahamas rounding up eyewitnesss and key players. on that same day, january 5th, "inside edition" caught up with the defendant. this clip aired on the cbs "early show" today. >> went behind the curtain,

tears in his eyes. like, i can see the love in his eyes for his son. >> that was actually back in january, before we knew about this whole conspiracy. it's quite a can of worms. and, of course, the phone lines lighting up on this. james, florida, your question or thought? james? >> caller: yes. >> hi. it's your turn to talk. your question or thought? hey. >> caller: my question is, is why do these people think that they can just, you know, take advantage of a man in a situation that he is, and like everybody's saying, rationalize about it? he obviously has criminal intent behind it and it's a felony anywhere in the world to extort money from somebody, no matter what the cause is that he's saying his cause to be. whether he's giving it to charity or spending it on himself. it's illegal. >> dr. dale archer, this is a good point. how do people think they're going to get away with this nonsense?

i mean, this is something that you have to know you're going to get caught. >> well, these two folks are like dumb and dumber. you know, they're basically extorts him with a document which means absolutely nothing. >> yeah! >> and i think the reason that they chose him was, "a" he was rich, he was a celebrity and "b" he was vulnerable at that time after losing his son. so really, what they did is the lowest form of criminal behavior. and i think they should throw the book at him. i hope they go to jail for a long, long time. >> you may remember at first there were three people in the cross hairs of investigators. one of them was this guy named o.b. wilchkolmb. listen to him. >> john travolta knew his son was a special child. and her nurtured the relationship. he gave him love, demonstrated publicly at all times. >> was he ever one of the bad guys?

he's the former minister of tourism in the bahamas and has been described as a travolta family friend. now he's become a prosecution witness. on friday he told the jury what he said to ex-senator bridgewater when she supposedly approached him claiming to represent a client with a damaging document. quote, this is bull. your client should jump off a roof and kill himself. michael cardoza, you know, with these celebrities it's hard to tell whether a person is a friend or a foe. this is a shape shifter here. >> no question about it. isn't that why a lot of people of fame are standoffish to people? you really don't know if they're your friends because of your money, your stardom, or if they really care to, you know, be around you. but in this case, you talk about people, you know, making up reasons. what they're looking for is mitigation. that's human nature. >> got to leave it right there. thank you, fabulous panel for joining me tonight. tomorrow, the debut of "the joy behar show" 9:00 eastern right here on hln.

you're watching "issues" on hln.

breaking news tonight. satsuma, florida, a 5-year-old little girl tucked into bed. five hours later, she's gone. vanished. the back door propped wide open. daddy comes home from the night shift to find not a trace of little haleigh. the last person to see the 5-year-old alive that night? girlfriend turned new stepmother, misty croslin. bombshell tonight, after croslin skips town following a bitter fight with haleigh's father, ronald cummings, a week passes, no sign of croslin.

her planned return home, come and passed, long passed. where is the key witness? in the last 72 hours, croslin's mother behind bars on felony forgery. bond? a whopping $100,000. she's already publicly stated her daughter hasn't come clean about the night haleigh vanishes. what else will she tell police now that she's behind bars? croslin's brother confesses in his own late-night jailhouse interrogation. he goes to haleigh's house the night she goes missing, pounds on the door, nobody home. in another major development, a woman caught on grainy surveillance video delivers a detailed tip as to haleigh's location. police investigate. big question, where was girlfriend-turned-stepmother misty croslin during the crucial hours when haleigh goes missing?

as croslin flunks another polygraph and goes missing herself, tonight, where is haleigh? >> when did you last see her? >> it was about 10:00. she was sleeping. >> what we need is for misty to come down here and tell us the truth. >> she is gone. she left town. misty is nowhere to be found. she is no longer in satsuma right now and ronald is not with her. >> i'm trying to do everything to find her. you know? i'm answering any questions i have to because i know i didn't do anything with -- to that little girl. >> harris reports misty and ron had a bitter fight and she took off with a friend. >> i don't think that she holds any information that's going to find haleigh. >> if i had something to do with it, if i knew where she was, we wouldn't be sitting here today. we would have her. and i don't know where she is. >> i can tell you that she is not at home and she is on the road, not expected back anytime soon. as a result of a fight with ronald. >> investigators with the putnam county sheriff's office spoke to the woman seen in this

surveillance video. she dropped a letter off at "the st. augustine record" newspaper. >> it will probably solve what happened to haleigh cummings. >> and i want them to find whoever this is and i don't care who it is. but we want haleigh to come home. and tonight, after 30, hiding out in europe, a hollywood superstar finally behind bars. 30 years ago, he admits to raping a 13-year-old little girl at the home of superstar jack nicholson. at grand jury, that little girl testified under oath that he also forced anal sodomy on her. she's 13. after 30 years on the lam, he collides with lady justice. hollywood reaction this morning? they're, quote, shocked. oh, no, they're not shocked he

raped and sodomized a 13-year-old little girl. oh, no. a little girl he got drunk on champagne and quaaludes, but all the hollywood stars are shocked he's arrested for it. shame, shame, shame on them. tonight, polanski behind bars. lady justice comes through. thank heaven, better late than never. the movie director who made "chinatown," who won an oscar for the "pianist" is fighting extradition to the u.s. on a 32-year-old sex charge. roman polanski arrested on saturday on an international warrant. >> the year was 1977. polanski was called before the grand jury to answer to charges that he participated in a statutory rape and sodomized a 13-year-old girl after giving her drugs and liquor in the jacuzzi of actor jack nicholson's home in the hollywood hills.

>> he did make me a little uncomfortable. he asked me to change, you know, and i kind of turned my back and stuff, but it felt a little funny, but i thought, well, you know, that's what models do. >> the warrant was issued in 1978 after polanski pleaded guilty to committing sexual acts with a 13-year-old girl. >> after he was convicted of statutory rape, he fled the country prior to sentencing. director adrien brody says polanski's absence from hollywood has affected the industry. >> definitely young actors have lost out in america because they haven't had an opportunity to work with him. >> even if hollywood is able to forgive and forget, the law has not, and that is the issue. >> all that stuff was so traumatic that i never even had a chance to really, you know, worry about, you know, what happened that night with him.

it was like it just -- i had to worry about surviving the next day. >> good evening. i'm nancy grace. i want to thank you for being with us. after new stepmother misty croslin skips town following a bitter fight with haleigh's father, ronald cummings, a week passes. there's no sign of croslin. where is the key witness and what does this mean in the search for 5-year-old haleigh? >> when i went to sleep, she was there. and then when i woke up, she was gone. >> blp [ bleep ] get my daughter get stolen? >> apparently, people saw misty and ronald having an argument over the weekend when all of this searching was going on, draining of the pond. there were a lot of tensions so they were arguing. >> sources tell me that ronald actually threw her clothes out, threw her out, and she was going down the road when he runs after her, apologizes, and brings her back. it was not pretty. >> i'm not hiding anything for anybody and if somebody has something to do with it, let them fry. >> i would have woke up if i heard any noise.

i mean, i didn't hear anything at all. >> that front door is all but ten feet from the bedroom where misty was sleeping with haleigh and junior that night. so if someone's wailing on the door, there's no way she couldn't have heard that whatsoever. >> it took just a few seconds for this blond woman in blue scrubs to drop off a letter with purported information about what happened to haleigh cummings. it's one paragraph long, typed, and has three letters at the bottom. >> if the information is accurate, it's going to be pretty volatile. >> i believe haleigh is alive. i have faith in god to take care of my baby girl and find her. >> straight out to jean casarez, joining us, legal correspondent with "in session." jean, misty croslin's friends and relatives gave us all sorts of stories last week as to where she was. they said, she's gone to orlando for a vacation. i don't know how you can afford that.

have you ever been to epcot? do you know how much it costs down there? and nobody down there is working, nobody has a job. that she was supposed to be back this weekend. then we heard that she went to the beach with her girlfriends. she's not back, jean. it's long past the time for her arrival home. >> that's right. misty croslin, the last person to ever see haleigh alive, she has not returned to satsuma area. but it coincides with some important aspects of this case. first a handwritten letter coming out of the local jail, saying that haleigh allegedly inhaled some pills, died and the body was taken and put into a pond. and it also coincides with the arrest of her own mother on the scene. >> to marlaina schiavo, our producer on the case. police have poo-pooed the letter. they don't want anyone to report about that letter, about the details about a late-night party

at which haleigh was present and swallowed oxycontin. i find it hard to believe, marlaina schiavo, that people at a party could all keep their pie holes shut this long and not blab. there's a $70,000 reward. but police do tell us on the other hand that they're investigating it and they have actually interrogated people about this, so somebody's taking it seriously. >> someone is taking it seriously. they have investigated her car. they took forensic evidence from her car. this person that wrote this letter. they have talked to her directly. you know, according to some, she's saying there's some affidavit out there, some sworn affidavit saying that all of this stuff is true. they won't confirm or deny whether this affidavit actually exists, but it's coming from somewhere, because not one but two letters have surfaced, nancy. >> straight to art harris at artharris.com. art, what can you tell me? first of all, aside from the letter, i want to find out where is misty croslin?

what are the various stories we've been told? >> well, we've been told she was on a foray to one of the amusement parks. i can confirm she was at universal studios with a friend and she was seen wearing a haleigh pendant around her neck. she was spotted by the press and she took off. there were rumors that ronald was going to join her, but that was not the case. i'm told they are still on the rocks and it's very questionable where she will go if she comes back to satsuma, nancy. >> did you say she's last been spotted in orlando? >> she was at universal a couple of days ago. >> doing what? >> just being a tourist. >> okay. to dr. jeff gardere. psychologist and author of "love prescription." everybody, we're taking your calls live. okay, jeff, maybe i'm projecting, excuse me, dr. jeff, you're the doctor, i'm just a trial lawyer, maybe i'm projecting what i went through when i was a crime victim, but

following the sudden death or disappearance of someone you love deeply, i find it hard to imagine whooping it up at the epcot center. >> oh, absolutely. >> at orlando. let's go to disney world. i don't get it. it doesn't mesh to me. >> absolutely. this is the same misty croslin who was crying crocodile tears about what happened, you know, what may have happened to haleigh. she really has been inappropriate. we've seen this, nancy, in her behavior for the longest time. so it's not out of character that she's there, but it certainly is inappropriate that she should be partying while haleigh is still missing. >> art harris, where -- what time -- when was she supposed to have come home? >> there's been a lot of talk from satsuma from ron's family, trying to paper over their differences. but i am told that he would not take her phone calls.

>> she got out of the bed and went to use the restroom and came back to find out my daughter was not in bed with her and the back door was wide open and she was gone.

if i find whoever has my daughter before you all do, i'm killing them. i don't care if i spend the rest of my life in prison.

you can put it on recording, i don't care. >> it's okay, sir. what kind of description of pajamas she was wearing? >> 3:00 in the morning, i got up and i got up base i had to use the bathroom but i didn't make it to the bathroom. i seen the kitchen light on, and i walked in the kitchen and the back door's wide open. >> right beside me on my left is the bed where misty croslin was sleeping. and here on the right we have the bed where little haleigh was sleeping. and you can see, it is all but about 3 1/2 feet from each other and this is right where misty said she got up and she had to go to the bathroom in the middle of the night. >> i have to leave the investigative part of this to law enforcement because, you know, if i go with every whim and every accusation then i'm going to be flipping back and forth in my life and, you know, what we stand, you know, we just stand for haleigh here.

we just want haleigh to come home. >> we are taking your calls live. let's unleash the lawyers. joining me out of new york, defense attorney carmen st. george. and joining me out of atlanta, mr. and mrs. eleanor odom. welcome, everyone. out to lorraine in new jersey. hi, lorraine. >> caller: hi, nancy. i can't believe your twins will be 2 already. i'm the one that made the pillow cases for them for their first birthday. so my question is, about the 20 times that ron called home, i don't understand that, because i have two kids. i would have called home twice. if i hadn't got an answer, i would have left work, i would have went home. he could have got in, seen if anybody was there, and then he could have reported it to the cops immediately. do you think that would have made any difference at all? >> i think it would have made a

difference if he had come earlier. >> caller: i don't understand that. that really frustrates me. >> then tonight we would know, we would know, was she there, was she not there, was haleigh already missing? you know, lorraine, number one, thank you for the pillow cases. we have used them and they are a thing of beauty. i have photos of them, actually. so lorraine in new jersey, thank you for that. you know, let's go to the lawyers. eleanor, peter, carmen st. george. first of all to you, eleanor odom, if i didn't have the nanny cam so when i am away from the twins i can watch them constantly, i would go berserk if i kept calling home and nobody answered. i would assume the worst, something horrible had happened, that the place had burned down or the twins were sick and had to be rushed to the hospital. >> exactly. and it makes me wonder what ronald's got going on and whether or not he has to be at work or if he'd get docked pay or whatever. >> well, most of us do have to

be at work. of course, he had to be at work. he punched a clock. he had to drive about 30 minutes away to get there. and i'm guessing, carmen st. george, that they had just had a huge argument, because she had been missing for three straight days, doing i don't know what. but i believe that he thought she wasn't picking up because they were in the middle of an argument. >> nancy, i think i would agree with you. and i think there's evidence that they had been out partying the weekend before haleigh went missing and there could have been an argument and she may not be picking up his calls. the i think the big issue is whether or not she was home. >> what about it, odom? >> i think, nancy, really it clob rates the brother's story, misty's brother. >> let me clarify something, peter odom. you're the defense story. so it's not helping croslin for you to say the brother's story, that she wasn't home at the time haleigh goes missing is accurate. so help out misty, if you can. maybe you can't. >> i think you would have to look at the course of conduct between misty and ron.

you know, it's clear that they were arguing at some point close to that time. if she wasn't opening the phone, he might not think anything about it, nancy. >> i would cut ronald a break on that. to marie in mississippi. hi, ma reap re. >> caller: hi, how are you in. >> i'm good, dear, what's your question? >> caller: my question is, i've seen misty many times crying real tears and being real upset because of this and i've never seen ron do anything but screw up his face and whimper. and i think he married her to keep her close to him, but to make sure she wasn't telling on him instead of seeing what she might have done. i really believe you need to look closer to ron. >> but he absolutely has an alibi for when she went missing, marie. >> caller: who stook up for him? who punched the clock for him at work? who made sure that -- >> okay, let me just dispel that right now. and i'm going to go out to art harris. art, people at work saw him at

work. nobody punched the clock for him. he showed up 30 minutes early to work after, i believe, one of them picking her up from the bus stop. yes/no? >> he's got a good alibi there, nancy, and he's got cell phone pings to towers nearby that put him there as well. >> what about it, marlaina? >> well, he also has confirmation from the police. they went all through his cell phone records, like art was saying, and the bottom line is, nancy, is that he had nothing to do with it. he's been cleared from police. >> but we do know that misty croslin claims she was going out of town for a girl's weekend away while her stepdaughter is missing. and many believe dead. but now she's never come home. why?

i want to get to the bottom of what happened. i don't know if hypnosis is going to do it. they've already tried to hip no tiz her. >> aren't you of the mind that you should try anything? >> absolutely.

if that's what we need to do, then that's what we can do. >> i wish they would have took me instead of her. i could have fought. she's only 5. she can't really do anything. >> everything she says is crazy. >> i don't know where she is. >> we would love to have a break in this case. and we really would not care who it implicates as long as it brings haleigh back to us. i believe haleigh is alive. i have faith in god to take care of my baby girl and find her. and i don't care who had something to do with it. those were the people who need to be put away and bring my baby girl home. >> straight out to special guest joining us tonight, terry shoemaker, the attorney for haleigh's biological father, ronald cummings. two quick questions, terry. thank you for being with us, terry. well-known attorney in the jacksonville area. number one, are there witnesses placing ronald cummings at work about 30 minutes before he was

supposed to punch in and that he was there until his shift ended, the nightshift? yes/no? >> yes. and it's not a punch in, as far as a time clock. >> correct. >> they actually have to use their fingerprints in order to scan in and check in for work. >> even better. what kind of job was it, terry? >> he was hired as a crane operator, but his job duties would differ depending on what they had in store for him that night. >> terry, you have appeared on our show many times, answered a lot of questions on so many different subjects. misty croslin, your client's wife, was supposed to be home by now. where is she? >> to my understanding, misty is still down in the orlando area. >> why? >> well, originally, we thought she was only going to be gone for a couple days. i know that ronald has been speaking with her regularly. i don't know the nature, the full nature of all those conversations, but i know that he has been speaking with her. every time i talk to ronald -- >> my question is, why hasn't she come home?

i don't care what they're talking about. >> i can't answer that for you, nancy. i wish i could. >> when i laid down, i guess i was out. >> there's no way she could have wandered off? >> no, she is scared of the dark. she would not go anywhere by herself.

during the course of this, i was posing with some champagne glasses and did drink champagne. so maybe that's why i was feeling a little more comfortable. so it got late toward the evening and then he wanted to take some pictures in the hot tub. you know, a real pretty-looking hot tub outside. and i was in there up to here, but topless, but covered up. so that was even still fine. and i didn't think anything -- you know, i assumed if something was showing, it would be cropped out and it would be appropriate, because this was going to be for

a magazine, you know, and it must be the way things are done. but then he got in the hot tub. that's when i realized that something was wrong. it was like, this doesn't feel right anymore. uh-oh. >> i feel deeply ashamed, because mr. polanski was supposed to be honored this evening. we were supposed to speak about his work, his career, and his outstanding films and now he's being arrested. >> i told him that i needed to get out of the hottub and that he needed to take me home because the steam was giving me an asthma attack. i'm feigning my asthma attack. we got out, went in the house, i was like, i need to go home, because i'm not feeling well. then that progressed to, you know, eventually, why don't you come in here and lay down, into

a very dark room and that's when i really realized what his intentions were. you know, i said no, i didn't fight him off. i said, like, no, no, i don't want to go in there. no, i don't want to do this, no, and i didn't know what else to do. we were alone, and i didn't want to -- i didn't know what would happen if i made a scene, so i was just scared and i just, after giving some resistance figured, well, i guess i'll get to go home after this. >> polanski admits, pleads guilty 30 years ago to raping a 13-year-old little girl. i've got the child's grand jury testimony, her sworn testimony here with me. she goes on to outline how he fed her champagne at the home of jack nicholson, that he gave her quaaludes at the home of jack nicholson. he then had her take her clothes off. she's 13 years old, and not only

did he rape this child, as he had pled guilty to under oath, but the girl goes on to outline forcible anal sodomy. but today when hollywood learns that he has been arrested on rape after 30 years, their response is that they are shocked. straight out to ellie jostad. ellie, what can you tell me? >> nancy, roman polanski was supposed to be honored this weekend at a film festival for a lifetime of achievements in the film industry. instead, he was arrested at the airport in zurich. he's behind bars right now. we believe the extradition process will start, which could end him back in california, facing the sentencing that he ditched out the night before he was supposed to be sentenced, over three decades ago. he got on a plane, took off to france, hasn't set back in the u.s. since then. he could have to come back to california and finally be

sentenced for this rape of the 13-year-old girl. >> take a listen to hollywood's reaction this morning to polanski's arrest. >> this is, for me, a shock, and i'm ashamed that swiss is doing such a thing to a brilliant, fantastic genius. >> i feel deeply ashamed, because mr. polanski was supposed to be honored this evening. we were supposed to speak about his work, his career, and his outstanding films. and now he's being arrested. >> we came to honor roman polanski as a great artist, but under these sudden and arcane circumstances, we can only think of him today as a human being, uncertain of the year ahead. his life has always informed his art and it always will.

this fledgling festival has been unfairly exploited and whenever this happens, the entire art world suffers. we hope today this latest order will be dropped. it is based on a three-decade-old case that is all but dead, except for a minor technicality. we stand by and await his release and his next master work. >> the art world is suffering? what technicality would that be, ellie jostad? the man admitted under oath that he raped a 13-year-old little girl, not to mention anal sodomy on a child! and debora winger says the art world is suffering? please explain the technicality. >> well, nancy, polanski's supporters allege that the prosecutor and the judge in this case acted improperly. apparently, what was going to

happen is, polanski was sentenced for about -- or he was sent to jail for 42 days for some psychiatric testing. apparently, his lawyers made a deal with prosecutors that he would plead guilty to this one charge of unlawful sexual intercourse, he would get time served and he'd get no more jail time. apparently, polanski found out on the eve of that sentencing that the judge planned to renege on that deal and send him to jail. that's why he took off. his supporters claim that was improper. that's why they called this a technicality. >> just stop right there. because that scenario is impossible. let's unleash the lawyers and explain why polanski's side is lying about a so-called technicality. eleanor odom, a veteran prosecutor specializing in crimes against women and children. pete odom. carman st. george, veteran defense attorney. eleanor, that is complete bs. that scenario is impossible. because when you enter into a

negotiated plea deal, the judge doesn't suddenly sentence you to jail that day. if he or she rejects the deal, you have the right to go to jail. you don't get sent off to jail if a judge rejects a plea. that is absolutely a lie. that is not true. there's no technicality here. >> you're exactly right, nancy. what we've got is a negotiation between the prosecutor and the defense attorney. as you said, the judge does not have to accept it. if the judge doesn't accept it then the person has every right to go to trial. >> what about it, peter odom? >> nancy, it's not an impossible scenario when there's collusion between the judge and the prosecutor. that's exactly what was alleged here. in fact, a court reviewing the process found irregularities in the sentencing process. unfortunately -- >> he was never sentenced, so how can there be irregularities in the sentencing process if he was never sentenced? the process was not complete. >> there were irregularities occurring before the sentence --

>> such as? >> collusion -- >> what collusion? >> apparently, a prosecutor was manipulating -- i'm just quoting the ap reports that were out today. a prosecutor from the los angeles d.a.'s office was attempting to manipulate the judge that was doing the sentencing. >> was the judge manipulated? >> i've just reported what i read today. >> so you don't know, you're just repeating what a reporter said? >> well, i can tell you that a judge in reviewing the motion to dismiss that was never heard -- a judge from los angeles, did find irregularities in the process. unfortunately, those never got fleshed out because polanski, very unwisely in my view, fled. >> so long story short, eleanor, i believe what peter is telling us, is that this claim was made, a judge looked at it and said, okay, you know what? you're making a claim so let's have a hearing to find out if there's an irregularity. that's the crux of it. there was nothing proven about an irregularity. in fact, carmen st. george, the only thing that we know for

sure is that roman polanski, a famous hollywood director, admitted under oath he raped a 13-year-old. we know that much. >> we do know that, nancy, for sure. and no matter what irregularity is claimed, i still would say no one has the right to flee the country or flee the state based on that. he does have to answer to this, but maybe it will come to governor schwarzenegger commuting this or pardoning him at this point, being that it's three decades later and the -- >> excuse me, put up carmen st. george. carmen, you're a new mother, right? >> i am, nancy. >> now, think about it. if your child, god forbid, was treated this way and all this time passed -- the time has passed because he went on the run. it's not the victim's fault, it's not the judge's fault. it's polanski's fault. that's why the case is 30 years old. so you're saying because the case is old because he's been living it up in a mansion in europe that we should just forget about it, that that's a problem, that lady justice should just pack her bag and go

home? >> absolutely not. >> then what are you saying? >> i was a prosecutor for a long time. >> yes, i know that. >> you shouldn't be getting an academy award if you flee a country based on that. the victim in this case has settled with him, has come forward and said that she is no longer interested in this prosecution, so you do consider that. >> she says she has forgiven him. and frankly, lady justice is blind. just because she, in her -- at this time, 30 years later, doesn't want to rehash this in court, do you blame her? everyone, we are taking your calls live. to tonight's safety tips, a parent's worst nightmare, sids. sudden infant death syndrome, the leading cause of death in infants. always put your child under one year to sleep on their back. remember, back to sleep. no pillows, comforters, stuffed toys in that crib. use a sleeper instead of a blanket and a fitted bottom sheet designed for cribs.

make sure the crib is assembled properly and the mattress should always be firm with a snug fit so the baby cannot get trapped between the mattress and the crib. always keep the crib away from a window and always raise the crib railing. for more information, please, go to u.s. consumer product safety commission at cpsc.gov.

the year was 1977. polanski was called before the grand jury to answer charges that he participated in a statutory rape and sodomized a 13-year-old girl after giving her drugs and liquor in the jacuzzi of actor jack nicholson's home in the hollywood hills. >> he photographed me topless. he'd seen me topless. i just was thinking, well, this is very european, it must be all right. >> it was supposed to be a photo shoot but the girl told the grand jury polanski gave her champagne and a quaalude and then forced her into sex. >> i'm feigning my asthma attack, we got out, put a towel on, i'm saying, i don't feel good, having trouble breathing.

i don't remember exactly ha i said. >> polanski would plead guilty to one charge, unlawful sexual intercourse with a minor, but before sentencing, he fled to france, where he has lived as a fugitive ever since. >> i need to go home because i'm not feeling well. then that progressed to eventually, well, why don't you come into here and lay down, into a very dark room. and that's when i really realized what his intentions were. >> swiss police detained the 76-year-old polanski when he arrived at zurich airport saturday. authorities say he's being held based on a u.s. arrest warrant pending extradition proceedings. the warrant was issued in 1978 after polanski pleaded guilty to committing sexual acts with a 13-year-old girl. >> i said "no." i didn't fight him off. i said, like, "no, no, i don't want to go in here. no, i don't want to do this. no." then i didn't know what else to do. we were alone. >> this is a shock and i'm ashamed that the swiss is doing

such a thing to a brilliant, fantastic genius. >> he asked me to, like, change and change in front of him and stuff. it didn't feel right. i didn't, at that time, have the self-confidence to tell my mother and everyone, no, i'm not going to go. >> you are seeing sound from abc's "good morning america." the celeb yakking on and on about how polanski's brilliant, fantastic genius. well, according to court documents, he pleads guilty under oath to raping a 13-year-old little girl at the home of jack nicholson and she testifies in grand jury that he also forced anal sodomy on her, and today, hollywood's crying, eh, eh, that he has finally been arrested? out to you, tom o'neil, senior editor "in touch weekly." i want to go through that day.

give me the bullet points about what happened the day of the rape. and i'm not even saying alleged rape, because this guy pled guilty and before sentencing went down, he runs to europe and lives the rest of his life as a celebrity there. >> well, let's set up something else that's even more sinister here, nancy. it looks like that was premeditated. her mother was supposed to be with her for this photo shoot that was being held for her. he was the guest editor of the magazine. there'd been a previous meeting between the mother and the girl. all looked very legit. but mama wasn't allowed to come on the day of the shoot when she was invited to jack nicholson's house. she was asked to disrobe and get into the hot tub. he got naked, according to her testimony, and got into the hot tub with her. >> and not only that, eleanor, it then proceeded to the deep end of the pool with she insisted she didn't have her clothes on and that it was over her head and that he would hold her up. then there were quaaludes and champagne. she was describing this to the

grand jury, eleanor, and the photos matched her story. the photos he was taking of her during this incident. >> you have to remember this was a 13-year-old child, nancy. this isn't a grown woman making some decision. she's very naive. >> joining me is dr. evelyn mania, women's health expert. dr. mania, thank you for being with us. >> thank you, nancy. >> you have dealt with so many women. >> so many. >> young ladies and women through all points in their life that have been raped as children. this is a child, a 13-year-old girl. it affects them forever. >> forever. and not only that, the physical aspects of it also. remember, she had anal sodomy. do you know that puts her at an increased risk for anal cancer in her future, let alone all the other psychological ramifications that there are with that? you can just imagine. so everybody is talking about, you know, this poor man and things like that. personally, i just don't have anything to say. i'm kind of, like, astounded

that we're actually talking about this. >> i'm stunned at hollywood's reaction. to marc klaas, special guest and president and founder of klaaskids foundation. child advocate. marc, i can hardly take in the response, everybody acts like because he's been living it up for 30 years in europe, we should forget what happened. >> i join you and others in expressing my disgust, that the art community feels victimized by this. secondly, u believe i join many in being appalled that somehow mr. polanski is being portrayed as some kind of a victim in this whole situation. if this case plays out on the merits of the case, he is going to go to prison. if it plays out any other way whatsoever, i think an increasingly cynical public will be reinforced in their belief that there are two systems of justice, one for the super wealthy and the superpowerful and one for the

rest of us. >> to ron shin dell, former nypd deputy inspector. ron, if someone who much touched a hair on the twins' head, they wouldn't need a judge. on the twins' heads, they wouldn't need a judge. they get a finger necklace, courtesy of nancy a. grace and i am stunned anyone thinks we should forget about this and i hope a judge agrees. >> this is a case that he is guilty and should serve his time plus the time, whatever they are going to tack on for evading the charge. >> out to tammy in massachusetts. >> caller: that was one part of my question. i don't know if they were exaggerating on a show i saw today, but they said something to the effect he was sentenced to 100 years or something. >> no, he never got sentenced. >> caller: i realize that now

watching your show. i don't know if they were exaggerating it, but how could there be any statute of limitations or any kind of a thing when this guy flees the country. i'm with you about the finger necklace. i have a daughter myself and listening to debra winger, i could physically vomit. >> i agree. i will answer your question when we come back, but happy birthday to david. a former cop and navy vet, he loafs volunteering. happy birthday, david.

181 brave women across 31 countries raised nearly $1 million in the fight against breast cancer and broke the world record in women's freestyle formation skydiving. take a look at them. tonight, jacquelyn kay lor, of the women who jumped for the cause is with us live. jacquelyn, you are very, very brave. tell me, aside from you raising $1 million doing this jump to fight breast cancer, what was it like? >> it was almost indescribable. a great feeling to see so many

women come together regardless of race, religion, nationality for one common goal and to have everybody get along and achieve that goal was incredible. >> what was it like going through the air like a bullet and trying to grab somebody's hand and look coordinated in the air. which one are you? i'm showing video right now. i can't imagine it. >> well, it's not as much bullet-like as you think even though you are going 120, it feels more like floating than anything. we did a lot of practice on the ground before we got up in the air and everybody knew where they were supposed to go. >> i don't understand. in the middle of the air, how can you know where you are supposed to go? this is jaclyn kay lor who skydived for breast cancer awareness. go to jump for the cause.com. how do you find where you are supposed to be?

>> you do a dirt dive on the ground and you get everybody dressed up in the jump suits and the rigs so you know what color the person is next to you and in front of you. >> we are showing video of you guys jumping right now and i have to tell you, you are my new hero. everybody, jump for the cause.com. let's stop and remember army sergeant andrew perkins, 27, killed iraq. lost his life trying to save fellow soldiers. highly decorated given the silver star service across the country second and third highest awards. loved volunteering, taking special needs children fishing. leaves behind grieving parents weldon and kathy. four sisters and three brothers. andrew perkins, american hero. thanks to our guests, but especially for you for being with us. see you tomorrow night 8:00

sharp eastern. congratulations to michael mazzarello. >> in new york, this is a "showbiz tonight" news break. here's what we are covering on "showbiz tonight" at the top of the hour. roman outrage. the shocking arrest of roman polanski more than 30 years after pleading guilt to having sex with a minor. the explosive international uproar from hollywood to france to switzerland to poland. why even his victim is saying leave roman alone. "showbiz tonight" with the great debate. was the arrest just plain wrong? the disturbing michael jackson tapes and new revelations about how jackson said his father would beat him and he fantasized that his father would drop dead. his own chilling words. simon cowell and paula reuniting? the reported $100 million deal.

this is tv's most provocative news show that starts at the top of the hour here on hln. eeee