it's something we've been doing for over 150 years. let our strength and stability be the basis for yours. pnc. leading the way. tonight, a bombshell. straight from the fbi. flips the script in the anna nicole smith drama. this time, she's the one being investigated for murder. smith was interrogated by the fbi on suspicion of allegedly plotting to kill her stepson rival. that. while the two were battling for her dead oil tycoon husband's half a billion dollar estate. anna nicole smith died two years ago and can't defend herself. but was this cookie playmate really capable of murder? and massive developments in the haleigh cummings case, turned divorce saga. the little girl's dad now says he was disturbed by his new wife

and her ever-changing story about haleigh's disappearance. ron still won't admit that's why he's divorcing misty. but what does this mean for the investigation. jealousy, envy, sex, blackmail. saying the extortion case was fueled by revenge. this up named source says the cbs news producer wanted to hurt letterman because he was having sex with his live-in girlfriend. meanwhile, the mistress' grandma is talking, and you're not going to believe what she's saying. plus, heart-wrenching new details in the nypd drunk driving case. we'll talk to the father of the woman who was mowed down by an nypd officer while the cop was allegedly boozed up behind the wheel. why did it take more than seven hours to give that officer a soo bri ti test? is the nypd trying to cover up a crime? we're looking for answers on a father's quest for justice. "issues" starts now. -- captions by vitac -- www.vitac.com

charges against anna nicole smith, long before her tragic death, was the former playboy playmate plotting to murder for millions. top-secret fbi files just released, allege anna nicole smith was a suspect in a scandalous murder for hire scheme. the target? her stepson, and nemesis, e. pierce marshall. shocking claims from anna's ex-boy friend. he tells insi"inside edition" i true. >> she would get jacked up on pain pills and then this would come out. we would be laying, sleeping together, and then she'd start saying, mark, you've got to kill him. i'm anna nicole, you've got to take care of this for me. i'll do anything for you. we'll be set. >> i wonder if that guy's got credibility problems. i seem to remember something about hatten. anna nicole was a 26-year-old stripper when she married ancient, and i mean ancient oil

tycoon marshall. his son pierce stood between anna and half a billion dollar fortune. the two viciously battled for the big bucks in court. anna nicole vehemently defended her love to her 89-year-old hubby. >> i want to tell my husband that i love him very much, and i wish he was here and i miss you. >> would anna nicole smith be willing to kill for $500 million? that is the question tonight. fbi documents reportly show mysterious and bizarre items. what a shock. a revolver, a huge knife and a black and orange dr. seuss cat in the hat style cap. hmm. were taken from the model's home as part of the fbi investigation. the "new york post" reports the u.s. attorney's office said the case was finally dropped. there was insufficient evidence to prove anna nicole was behind

a murder for hire plot to kill pierce marshall. both anna nicole and e. pierce marshall have since died. but the war for that half a billion dollar fortune, it rages on. it could make this little child, anna's daughter, danielle lin, there she is on the cover of us magazine, half a billionaire one day. straight out to my fabulous expert panel, former fbi in charge, don clark. legal analyst for the insider, darren kavinoky. cnn legal analyst, lisa bloom. and paul boyd, correspondent from "inside edition." paul, we have covered so many crazy and disturbing anna nicole stories. could this be the craziest of all? >> it was a shocking revelation. i mean, who would have thought, anna nicole smith investigated by the fbi for allegedly plotting to murder somebody. it kind of came out of left field. but here we have the fbi documents, and it's stunning. >> yeah.

and you know, after anna nicole died from a drug overdose, there was that nasty custody battle that ensued and it was really ail about money at the end of the day. who was the real dad of baby dannylin. remember howard k. stern, who could forget him. and zsa zsa gabor's cookie husband, and we certainly couldn't forget him. we all know at the end of the day, this man you're looking at right there, not larry king, but the one holding the baby, larry birkhead turned out to be the real papa. okay? let's listen to him. >> i hate to be the one that told you this, but i told you so. there's certain things that i can't talk about. but this is one that i'm happy to talk about. and my baby's going to be coming home pretty soon. >> i love that guy. handsome, and i think he is a

good daddy. lisa, the battle over j. howard marshall's fortune has been a very complex saga that went all the way up to the supreme court. i'm almost afraid to ask where does it stand now? >> well, the battle still rages on, jane. that's why this whole murder for hire plot really doesn't make any sense to me, because eliminating j. howard marshall jr. from the picture does not end the court battle. so i don't think anna nicole was capable of murdering anyone. by the way, he died of natural causes. he was not ultimately murdered. if i may take a page from the cat in the hat evidence, she would not, could not with a knife, would not, could not take his life. eem not buying this story. >> lisa, you don't think that of all the -- >> thank you, thank you. >> you don't think of all the things that anna nicole might be remembered for, that criminal mastermind is going to be one of them? >> no, it's definitely not going to be one of them. you know, i tell you what, i agree with lisa, too. i just think that this is

ridiculous. look at the person who's bringing this about. mark hatten? i mean, come on, this guy was a prisoner. that's what prisoners do, they try to figure out some way to get out and went to the fbi and used up a lot of their time there. >> i think mark hatten's nickname was hollywood, which should be a tip-off. i just think we should all be on notice that anytime you name or nickname somebody hollywood, that they're destined for trouble. it usually doesn't end well when somebody's got that as man moniker. >> they were not friends. hatten and anna nicole were involved in a lot of conflict that went into the courtroom. so his motives are suspects. i have to say this. paul boyd, this was not some joke, however, we're laughing about it because it's so bizarre. but the fbi actually interviewed smith in the year 2000 about this alleged scheme. and said she began crying. and they went even further. they recorded telephone calls with anna nicole smith, and they also spoke to pierce marshall,

who said that she was really with his old father after they got married, and routinely asked him for $50,000 to $60,000, two times a week. so you've got a motive there. and the motive is greed. >> the fbi took this very, very seriously. at least two special agents went into interview anna nicole, who knows how many others were involved chasing down other leads, at anna nicole's house they actually confiscated .# 57 magnum revolver, stainological stees knife, the crazy hat that you described in the open. at the end of the day, it is important to know that for all intents and purposes, anna nicole smith was cleared of any allegations, any wrongdoing. and as your other guests are pointing out, mark hatten was in jail for making criminal threats against anna nicole. >> i covered that case. >> jane, let's remember also the history that anna nicole was involved for three years with the old guy, j. howard marshall

and he begged her to marry him week after week for three years. she wouldn't do it until she had her own career, a national model. >> i think that's kind hearted of you. but that brings us to tonight's big issue. greed. the deadly sin. anna nicole's life was full of greed and overconsumption. she was constantly chasing her fairy tale ending. listen to this. >> to have all this fame and fortune, it's -- it is a cinderella story to me. >> well, guess what, we got to at least look at her. she's always -- boy, she was a gorgeous woman. and yet she did everything in a supersized fashion. she lived perhaps too large, never had enough money, fame, drugs or alcohol. so was she trying to fill some kind of void? i certainly think so. and let's hear what our viewers have to say. elizabeth, texas, your question or thought, ma'am?

>> caller: actually, i wouldn't be surprised if she was involved in something like that. the drugs was the main line in her life, with money and power. and she had all of her little henchmen around her until the deck of cards started falling. >> i agree. you know, lisa, i do think when somebody is doing drugs, they're capable of doing anything, even a crazy plot like this, even if it is something that fell by the wayside. >> i think this is terribly unfair. she's innocent until proven guilty. she was never even charged by the fbi. there was never a murder and now she's deceased and can't defend herself. i think any piling on this poor woman at this point for something that didn't even happen is awfully unfair to her. >> one point that you made, jane, i this think is very, very well taken, is anna nicole led a life of -- that was big. and some would characterize it as being excess. >> yes. >> what we see oftentimes is people who are trying to solve an inside problem with outside stuff.

>> guys, got to leave it right there. we'll have more anna nicole drama right after the break. we're also taking your calls. what do you think about this alleged plot? 1-8 # 7-jvm-says. coming up, is ron cummings divorcing the very last person who saw his daughter, haleigh, alive because he does not believe her story? but first, did anna nicole smith seem like she was capable of murder? more mind-boggling developments right after the break.

he loved her and provided her with the $8 million he gave her. he was clear that's all he intended to give her. so the marshall family is trying to honor his wishes. >> the family of the late millionaire, j. howard marshall. anna nicole raged a bitter battle against marshall's son, pierce, who ultimately died. seems like everybody involved in this is dead. but could she have been capable

of plotting his murder. why is this coming out now, don clark? the fbi investigated smith back in 2000, 2001, apparently this is being released under the freedom of information act. how does that work? >> well, you know, the fbi has a certain time limit that it can keep documents on the shelf there before it is authorized to give it out. but with the freedom of information act, people put them in every day, and i would bet anything, i haven't seen the document, a lot of the information there was redacted. but certainly it was enough there for them to make a story out of it. and for us to be talking about it. but i tell you another thing, too, jane, is that if they spent the time that they did investigating this case, then i'm convinced that anna nicole had no plot to do anything to pierce marshall. >> and given that they found that knife and that gun -- >> and not forget the dr. seuss hat. >> yeah. i'm convinced that it's colonel mustard with the lead pipe in the library. >> oh, boy.

you know -- >> anna nicole smith told investigators during that interview, that why would i do this? he's the trustee, if i killed him, the trust still exists and i still would have a challenge to get at the money. so that's a big hole in the whole plot as well. >> by the way, she claims that her hubby promised her verbally that she would get the half a billion, and the tie con son said, no, in the will she's not mentioned. lisa in new york, your question or thought? >> caller: yes, i'm just calling to say that anna nicole smith is dead and gone. and i don't think she had a bad bone in her body. and people need to let her rest in peace with her son. it's bad enough her daughter is without her. and i just feel like everybody should just leave her alone. i don't think she would ever try to plot to kill anybody. >> you raise a good point, because obviously there's still -- there's legal action regarding her death. at one point it was thought anna

nicole's own death might have been cold-blooded murder to get at her impending fortune. her death has since been ruled an accidental overdoes. two of her doctors and howard k. stern are facing charges that the drugs they helped get her, killed her. howard k. stern testified it was grief that killed anna nicole smith. >> from the day that daniel died, anna honestly never was the same. i mean, i would say that physically she died last week. but in a lot of ways, emotionally she died when daniel died. >> tmz is reporting howard k. stern may soon face additional charges. that's may. we don't have any independent confirmation of that. he's already facing four counts of obtaining fraudulent prescriptions allegedly and one count of allegedly administering or giving substances to an addict. i think that the tragedy of anna

nicole smith more than anything else is the tragedy of drug addiction. >> i agree with you wholeheartedly. and unfortunately, just like money can be an incentive for a lot of criminal acts, including murder, there were a lot of people in anna nicole's life who profited by her remaining sick. and let's face it, one of the reasons that america tuned in week after week after week to the anna nicole show was because she was a train wreck. nobody was interested in seeing her turn around, and get her life back on track. >> right. she's not entertaining that way. >> in anna nicole's defense, though, she never got a dime from j. howard marshall's estate. during the marriage he lavished with her gifts, but after he died, every dollar she made, she earned. she earned it legitimately by modeling, doing the reality show, by becoming a true spa spokesperson. a single mother who supported her son daniel.

and i agree there were those who didn't help her with her drug addiction. >> but i understand your defense of her. but when somebody has a severe drug addiction problem, it opens a pandora's box and we're capable of believing anything about her. thank you. fantastic panel. we'll have to leave it right there. coming up, head-spinning new details in the david letterman extortion case. and then why does ron cummings want a divorce from his new wife misty? is a lack of trust an issue? his child vanished on this woman's watch. in my new book "i want" i talk about how i fought an addiction to alcohol, but 14 1/2 years ago i turned my life around. i talked to dr. phil about my new book. it airs tomorrow, thursday, on his show. >> i think this is a real chronicle of courage and candor.

i thought this took a lot of guts to write this honestly. >> well, they say you're only as sick as your secrets. and i decided it was time to get honest. >> yeah. and why? what was the thing that pushed you over the line? >> i wrote a book called "secrets can be murder." and i realized how fatal and toxic secrets are. i started to look at myself and i realized, i had a lot of secrets and that maybe pi telling my story, i might be of service to somebody out there grappling with the same problems. i'm dealing with so many of the same issues that people across america are dealing with. alcoholism, consuming addiction. all of these different addictive behaviors that are really destroying our lives, and i just decided i'm going to tell my story and maybe somebody out there can learn something so they don't have to go through some of the hell i went through. >> now i want to hear your success story. what addiction have you overcome and how did you do it? send your e-mail or ireport to

me at cnn.com/jane. if your story is selected you could receive an autographed copy of my book "i want" and a trip to visit me on the set of "issues." i want to hear your story of triumph. tell me. they said it would never last.

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jelg usee, envy and blackmail. a source tells the "new york post" that the david letterman extortion case was filled by revenge. the grandma is talking and you're not going to believe what she's saying. heart-wrenching details in the drunk driving case. we're going to talk to the father of the woman who was mowed down by an nypd officer who was allegedly boozed up behind the wheel. why did it take so long to test him. did a toxic cocktail of jealousy, anger and desperation fuel a twisted plot to blackmail

david letterman? the "new york post" tonight quotes anonymous sources who claim they know why high-powered cbs producer joe halderman of 48 hours fame allegedly wanted davidletman against the ropes. it is discovered his live-in girlfriend was still having sex with her boss, david letterman, during the time that she and halderman were in a relationship. prosecutors say joe halderman tried to squeeze 2 million bucks from letterman. tonight sources say, "this wasn't about money alone. this was revenge. it was all about making letterman miserable." perhaps. but dave's late show ratings have soared since the scandal broke. so tonight we asked the question, is dave having the last laugh? his aud yengs was certainly laughing last night. >> the tradition of the broadway theater is, if the leading

characters always hf understudies. i was thinking, we should get an understudy for me because there are a wide variety of reasons i might not be able to continue. you never know. >> he is a brilliant comic, you've got to hand him that. as for stephanie birkhead, not a peep from her. we haven't heard back. she has an open invitation to tell her sild of the story right here on "issues." meantime, stephanie's grandmother did talk to the "new york post." grandmama, no fan of stephanie's boyfriend, joe halderman, and that it was "stupid" for stephanie to go out with him. she calls joe a "mistake." do you think? grandma is not the only one speaking out. the national organization for women is lashing out at david letterman's habit to go to the office well to whettis whistle says it could create a hostile

work environment. is sex at work okay, and if so, when? straight out to my fantastic panel, lisa bloom. cnn legal analyst wendy murphy. and professor at new england school of law, stacy kaiser. psychotherapist. and the lone male on the panel, carlos diaz. >> i don't like my odds here. i'm not going to make any comments about sex in the workplace? >> carlos, bring it. >> we're not going to put you on the spot, per se. we're going to put david letterman on the spot tonight. >> thank you. >> what is the latest? >> the latest is, now you have another motive here, which could be re vepg. you know, we knew before that joe halderman had some financial difficulties. but now when you throw the revenge factor in there, it becomes more and more like a hollywood script every day. a jilted lover who not only wanted money, but wanted to see dave burn. and dave even said it when he made the admission last

thursday, he said that, you know, this person who wants to extort money from me said, you know, even if you give me the $2 million, i still might go with the screen play, might go with the book. obviously dave felt threatened and that's why he went to the police. >> these two from all reports really despised each other. david letterman made his disclosure on television. most of it serious, but not this sarcastic clip. >> what you don't want is a guy saying, i know you had sex with women, so i would like $2 million. or i'm going to make trouble for you. >> oh, boy. clearly no love lost between letterman and his alleged blackmailer. yesterday the post reported halderman became furious when he found out in the diary of his girlfriend, that she was allegedly having sex with letterman while living in connecticut with halderman. again, we need to get her side of the story. we've been trying. today sources describe the cbs producer as a jealous, jilted

lover, who "wants to hurt letterman as much as he can, and wanted to hurt the girl, too." psychotherapist, stacy kaiser. this is the oldest motive under the sun. they say hell hath no fury like a woman scorned. guess what, hell hath no fury like a man scorned either. >> that's absolutely right. you hear about crimes of passion all the time. but i have to be honest with you, you rarely hear about things like this. what i think is going on is it's more than just jealousy or envy. i actually think there's a personality disorder here. >> on whose part? >> maybe a few personality disorders here. >> all right. yeah, i think, you know, we were talking last night, why is david letterman continuously go back to the well, and go out with co-workers. and he married one. when he meets the most beautiful accomplished, successful, and rich women in the entire world on the planet. they sit next to him on a couch on television. why didn't he ask those out?

and of course, we're going to also talk p the big issue tonight that, is it okay to have sex in the workplace? i'm not talking about actually doing the act on the job, i'm talking about is it okay to have a relationship with somebody at work. the national organization for women has come out swinging, in the wake of letterman's admission that he had affairs with subordinates, that's the key word. listen to what barbara walters had to say on "the view." >> when you work on a show, especially in television, and you're working late, these are the women you meet. there is no record at all with david letterman of having promoted someone or telling someone, if you don't do this, you're not going to get the job. i've worked on that show a lot and talked with the writers who were women. >> all right. now, lisa bloom, here's the problem. over at cbs where the late show airs, you have a situation with the big boss dated and then married a staffer. early show anchor juli schen.

i know your mom, famed attorney gloria allred is basically taking a shot at letterman, too. she says dave engaged in sexual favoritism in the workplace. do you, lisa, believe there was a quid pro quo in the late show offices, if you have sex with me, you're going to get better assignments, you're going to be the one who does those cute little skits out there at the deli? >> first of all, full disclosure. i'm cbs "early show" legal analyst. but that doesn't matter, because we've been talking about it openly on the "early show" every day. there's a big difference between les and moon, who are openedly married. somebody like david letterman who apparently for a long period of time had secret relationships with staffers. i agree with the national organization for women, i think that creates a very negative environment for the women who are not selected to have sex with him. and for all of the men in the workplace who don't have the opportunity for that kind of favoritism. does any of us want our

daughters going into the workplace with somebody consistently having sex with the women? i think now is absolutely on the money in that letter. >> wendy murphy,? >> i've also written a column posted at the patriot ledger.com where i take david on as a little bit. i do think he is a victim, and extortion is worse than what he's done thus far. but i do give him the top five things he should be saying on his show to stop joking and to take this seriously, because whether or not there's a quid pro quo, if you create a hostile environment based on sex and/or gender, it interferes with the ability of women to have an equal employment opportunity. and that's the whole point of civil rights and title 9 and title 7 laws we've been fighting about so long in this country. i think he's wrong to do the behavior, but, but, let me say this, the whole jealousy motive and the idea that we're going to somehow turn this into a this guy was jealous and that's why

he did this? let's be clear. it was about money. and the only reason it's being described as an issue of jealousy or revenge is because when he puts up his insanity defense it will stick a little better. because there is no defense when it's just greed. >> carlos? >> i don't think jealousy helps him. >> i disagree with that, though. what you're saying is, jealousy has to take effect here, because he read the diary in december and only came to letterman after he got dumped by burkett a few months ago. >> what the shrinks called multidetermined. i don't think you do anything for just one reason. naegs this big? it's got to be a convergence of factors. and i think the fact that his ex-wife took the kids away, the girlfriend leaves, feels huh mail yatd and hates davidletman, he hasn't been convicted, he's just been charged. thank you, expert panel. we're going to stay on top of this story.

coming up, an honor roll student killed by a violent pack of teens. what is being done to stop this insanity. we'll talk about it. then, a cop accused of boozing it up, getting behind the wheel and killing this innocent woman. will justice be served? the victim's family joins us to talk about their anchor after the break. i will be taking your calls on this controversy. was there a cover-up?

the family of a woman killed by an alleged drunk driving cop shares their horrific story next. but first, top of the block tonight. uproar over a deadly chicago

teen beating. it's no wonder, look at this crazy, horrific video. today, attorney general eric holder and chicago's top politicians call for an end to this kind of murderous mayhem. they deemed it a crisis of violence. finally we're addressing teen violence as the national crisis it is. but are we addressing the underlying causes? our culture, movies, tv, video games, et cetera, et cetera, et cetera, teach kids that violence is a terrific way to deal with your problems. how about teaching kids non-violent conflict resolution? we need to teach them how to be peaceful. they don't teach that at school. so along with more metal detectors in schools, we also need psychological detectors, so these kids can become psychologically aware of why they're so angry, why they're acting out so aggressively. usually it's a problem back at home. alcoholism, drug addiction, physical abuse, emotional abuse. do these kids have a safe place

to spill their guts about their personal problems, to talk it out? no. do you think they're going to tell their teachers? hell no. how about group therapy in public schools? sound crazy? well, that's crazy, that violence. we've got to try something different. tomorrow night on "issues," we're going to have a special report on that horrific deadly beating. is it so very crazy to teach our kids peace? ooh, that sounds crazy. be sure to tune in. and that's's tonight's "top of the block." and tonight, new outrage over an alleged police cover-up in a fatal dwi case. joining me tonight, the grieving family of the woman who was killed in a horrific crash involving an off-duty new york city cop. sources say officer andrew kelly was totally wasted, but managed to avoid a blood test for more than seven hours. by that time, his blood alcohol content, bunch of big fat zeros.

officer kelly pleaded not guilty to vehicular manslaughter and dwi. now a grand jury and internal affairs trying to figure out, hmm, was there a cover-up? i will ask the victim's dad what he thinks about the hours and hours it took to test officer kelly. and what about the officer's flamboyant defense attorney? check out his off-the-wall behavior right here. >> can you tell us the status of the andrew kelly case? >> look what you've done. you're about to do that. at this point we're -- for us the case is brand new. we're investigating everything. we are not surprised. we knew what the blood alcohol results were going to be because we knew what he did that night, or what he didn't do that night. >> that dance, beyond inappropriate. i want to welcome back don clark.

lieutenant steve rogers of the nutley new jersey pd. and my special guest, reverend valnord. and his attorney. i want to start with the attorney's reaction to the clip you just saw kelly, officer kelly's attorney dancing around. what is your reaction, and why do you think he was so gleeful? >> look, i think what's really important here is not so much the reaction of an attorney, but the fact that at the scene of this horrible tragedy, the police officer, kelly, admitted to drinking six to eight beers to investigators. his eyes were bloodshot. he was speaking with a slurred voice. he refused to take a breathalyzer test and refused to let blood be taken from him until a court order had to be obtained. now, there are three police officers who have been disciplined for their action with regard to what happened here. one police officer was in the car who fled the scene. another police officer, who has been suspended for giving kelly two glasses of -- two bottles of

water and gum. what was his motive, right before the blood test. and a third officer was transferred, a sergeant, for at least an hour delay in transferring kelly from the precinct house to the hospital for the blood test. >> i want to ask the victim's dad, reverend valnord. i know this has to be very difficult for you, sir. >> yes. >> the way that this man danced around. does it say to you that there's an attitude about your daughter's death that is disrespectful? >> i believe it is really disrespectful, because my daughter is dead. i'm the one who suffers. i don't see if he's dancing, why he has to be dancing, over the death of my daughter. >> i want to take a closer look at the hours following valnor's death. 12:41 a.m., officer kelly refuses a breathalyzer at the scene. five hours later a warrant is issued for a blood test.

7:00 a.m., kelly leaves the station and finally goes to the hospital, finally an hour later at 8:00 he has his blood drawn. seven hours and 20 minutes. what was going on all the time that kelly was at the station? why the foot dragging? and of course, his blood alcohol came up 000, which is one of the reasons why this attorney's dancing. it's going to be hard to prove this case. >> i'm not sure it's going to be hard to prove this case. the prosecutors have in enough evidence based on the statements by kelly, investigators on the scene to get a conviction in this case. >> the reason why i don't know about that is, whereas you're alleging there's a possible cover-up at the scene, if those officers, some of whom were allegedly engaged in some kind of cover-up, are the ones testifying, they're the ones who could likely say, he didn't have blood on his breath -- he didn't slur. >> jane, the issue of cover-up, the fact of the matter is, the

internal affairs bureau of nypd is investigating now. and if there was criminal acts with regard to obstruction of justice, with tampering with evidence, they should be prosecuted as well. >> obstruction of justice is it problematic here because evidence has to show this officer had -- what his blood alcohol level was, and it's not going to be able to do that and it's going to move along and they're going to try to show different types of things. that's what the defense gets paid for. if they had just followed the rules, just done what they were supposed to do, and treat this officer just like any other civilian would have been treated, then you wouldn't be there. new york city is a good police department. they should know better. >> i love the cops. but this particular situation stinks. more on the alleged boozy cop who killed in a moment. but, first -- >> friends, not food! >> that was me this past weekend leading 700 marchers around central park's march for the farm animals.

a wolf group called farm sanctuaries. those are my three rescuers there, rescue animals from horrific factory conditions and lets them live the way nature intended. we raised tens of thousands of dollars for the cows, the goats, the pigs and the lambs. dddd