welcome back. terrifying new video here. a mom takes her eyes off her baby for a split second. and then the most horrifying thing. mom is at a train station. in that split second the stroller starts to roll toward the edge and then goes over the edge right in front of the oncoming train. watch what happened next. here's dean from 7 network in australia. >> a young mother arrives at ashburton station. she fusses over her child, and even pulls the program away from the edge of the platform. but doesn't apply the brake. and in a split second, her 6-month-old boy rolls off the platform and into the path of a train. >> it's a miracle this baby

wasn't killed. the baby somehow managed to escape with a cut to the forehead. an absolute miracle. >> the city-bound train comes to a stop further along the tracks. the baby underneath, shielded only by the program. >> it played a great role in this baby survived yesterday's incident. >> mother and child are taken to hospital, but released soon afterwards, shaken but unhurt. police say the mother did nothing wrong. workers back at the scene find the program in pieces and belongings scattered as far along as the second carriage. transit police say signage and supervision on the railway platforms are already adequate. but that incidents like yesterday's are a startling reminder of how easily tragedies can happen. >> especially with toddlers, they tend to wander off, especially with multiple kids as well. >> reporter: the incident came just the day after a public awareness campaign warning of the dangers of programs on platforms. >> the invitation for disaster

is huge. >> reporter: dean felton, 7 news. >> wow, thankfully the little one is okay. all right. this tragedy did not end so well. two people dead at a sweat lodge in arizona. this case now being treated as a homicide investigation. more than 50 people packed into a cramped sauna-like structure last week. they spent hours in there, trying to get spiritual cleansing at this retreat. it was led by james arthur ray, helped write "the secret." these people paid $9,000, $10,000, not cheap. 19 of them had to go to the hospital. one person still in critical condition. two people died, james shore, age 40, and 38-year-old kirby brown as well, avid surfer and hiker. she was in top shape. joining me to talk about this, tom mcfeely, kirby brown's cousin. also joining us, gary, former prosecutor. gary, the question -- oh, gary's not with us, all right. we'll get to gary in a moment. tom, as this is moving forward,

we're now hearing homicide investigation, what are authorities telling you as to why they're labeling it as such now? >> well, authorities have been in touch for sure, and thank you for having me, mike. >> yeah. >> we're in touch with the authorities. you know, we've heard a lot from other victims, with every detail comes another person who gets the courage to give us a tall and tell us what really happened in that lodge. furthermore, what happened the entire week that led up to that lodge. we believe that's important. we know something criminal happened in there. we know kirby was murdered. everybody who knew kirby, knew this had to be an act beyond her control. >> let's listen to the sheriff. this is steve wah, basically talking about, though those who ran this, who organized this stwet lodge, should have known it could have been dangerous. let's listen. >> i don't know if they knew that people would be killed, but based upon some information that

we have, as the people have become very sick, and these activities before, and as a result they should have had some pre-information about preparing for certain kinds of human responses to being in a building with no ventilation, and heat. >> former prosecutor gary is with us. as you listen to that, people have been sick before, at a james ray sweat lodge. is that the key opening here as to why we're calling it now, or labeling it a homicide investigation? >> well, it's part of the investigation, to find out if in fact mr. ray and his company were criminally negligent in the death of these two individuals. what they're going to have to do is look at how much did they know, and the other issue is what they could have done to prevent this. clearly, did they ignore the dangers here. you know, tom was mentioning they're going to be looking into everything they did before. were these people already

exhausted before they went into the sweat lodge? and making sure these people were healthy enough to endure 50 people in a room with high heat and what kind of setup was made for an emergency situation, how people were being monitored. a lot of this is going to be looked into. under arizona law, the issue is going to be whether or not they so disregarded the dangers here, it's considered a criminally negligent homicide. >> how important is it, gary, that they had some sort of a release form signed? and that people knew going in that things can get dangerous? >> yes, absolutely. of course, that's -- mr. ray is going to say everyone was aware. no different than going to a gym when you sign you're getting on a treadmill, that this may be unhealthy for you, you have to be healthy enough to endure it. but you have a sweat lodge, what i understand there were 50 people in a small area unventilated, the question is going to be under those conditions, is the release enough. that's an excellent point. i know investigators are going to look at how was this built.

did they -- because a lot of people have had experience with this, say a 415-square-foot lodge for 55 to 65 people, is just not the way you do it. and you have one nurse monitoring these people. a lot of questions. still being ruled a homicide investigation. gary, thanks for being with us. tom, you as well. we appreciate it. our thoughts and prayers with the family through this difficult time. coming up, disturbing details about the final days of anna nicole smith. we know, or remember her as glamorous, the supermodel. but now we're hearing some gruesome details, for the first time, about the last days of her life. more on that coming up. we'll take your calls at 1-877-tell-hln. this is cnn heroes. hi. i'm tei leoni. as a panelist in 2007, i helped recognize the extraordinary work of everyday people who are

changing the world. as both a board member and goodwill ambassador for unicef, i advocate for the world's children and work to increase awareness and funding for their needs. i see clearly just how much the world needs heroes. now, i am thrilled to help cnn introduce one of this year's top ten honorees. >> disabled children, they're really the forgotten ones in this war. i came to iraq as a civilian contractor. there were a lot of children that either dragged themselves on the ground, or had to be carried. there were so many people willing to reach out and touch the lives of these kids. my name is brad blauser. i bring pediatric wheelchairs to iraqi children in need. people donate on my website, the wheelchairs are brought over, and i distribute them to the different military units and help fit these children into the wheelchairs.

there's no paycheck. it's not really safe here, but i've made a difference in the lives of these families. definitely the sacrifice has been worth it.

welcome back. we have our first glimpse of the last days of anna nicole smith's life. the onetime supermodel reportedly so weak, couldn't get out of bed. reduced to bringing pied yeah light out of a baby bottle. lying in her own feces.

we know howard k. stern, her lawyer/boyfriend, partner, and two doctors charged with conspiracy in her death. we want to know how could people so close to her let this happen, to get to this point. let's bring in russ will wettanson, pop squire.com, also an attorney. russell, we're getting this account here. sad account of her final days. how indicting is that against stern and the two doctors? and how could that impact the case? >> it's definitely a sad account. it will have an impact. this judge is hearing evidence that will determine whether this case goes to trial, that's what the preliminary hearing is for. so the more gruesome evidence he hears and the more evidence he hears that the doctors and howard k. stern contributing to anna nicole smith's drug use, it's going to be damaging and could lead to this going forward in the criminal process. >> i hear this as a human being. i'm thinking, all right, stern, you were at least a boyfriend at one time we thought. and the doctors are supposed friends as well. how could you let that happen? is that the way you go with

this? we're still -- we still have to prove, the state has to prove the illegality of the drugs that were in her system and near her, that they got for her, right? >> right. there's a couple things going on here. remember, there's two sets of defendants. you have howard k. stern and the two doctors. in some respects, howard k. stern wants to pit himself against those doctors by playing dumb. he wants to say, listen, i'm a lawyer, i'm not a doctor. and so what these doctors were prescribing, i was just following instructions. but then a judge hears evidence of howard k. stern allegedly lighting up valium and injecting it into anna nicole smith's body via her blood stream. that doesn't sound like something that doctors are recommending. >> no. exactly. this is the video that always sets the table for us. when we go after howard k. stern, for lack of a better term, the clown video. let's sho that once again. this is as anna nicole smith is pregnant. she seems out of it. if we could get that video up. and there she is in clown fails.

and howard k. stern is filming this. let's listen to five seconds of this. >> there it is again. is this something that will be introduced? is this something that is at the state's disposal or not, russell? >> even if it's not introduced, i find it hard to believe the judge hasn't seen this. i mean, this is a video that attorney general jerry brown has referenced before, as evidence that this is a woman who clearly was on drugs in front of the public eye. so this video could be very powerful. but even if they don't have this video, there's lots of other powerful evidence that the judge is hearing. >> what's the most powerful, russell? >> well, these details about anna nicole smith, there's unfortunate details about having bowel movements in the pool, about howard k. stern, like i said before, injecting valium after lighting it up with a cigarette lighter into her body. there's also evidence of her

having infections. i mean, this -- and the testimony also about her just being in a depressed state for many months following her son's death. a lot of it paints a picture of a very tragic figure. and then the people around her, what were they doing? and that's what this case is all about. >> okay. russell, we'll talk again in a couple of minutes about this. the tlc going to war with jon gosselin. they'll file a breach of contract lawsuit against him. he wants out. doesn't want any more filming of the show. who's standing on stronger legal ground? we'll take your calls, 1-877-tell-hln. before we go any further, first, "fit nation," dr. sanjay gupta from cnn, introduces us to a woman who's crossing the border to slim down. >> reporter: it's 10:00 a.m. in san diego. and sharon howell was just arriving on a flight from atlanta. but she's not here for vacation, she's heading south to tijuana to have laparoscopic banding

obesity surgery. >> i attempted to have the surgery back in the states, and the insurance company made it extremely difficult. >> reporter: so sharon decided to become a medical tourist. >> we all looked up the facility, the physician, saw that he was highly credentialed. >> reporter: her experience so far? >> incredible. >> reporter: and the price tag, about $6,000. that's less than a third of the cost in the united states without insurance. >> it's different economy, different cost structure. insurance costs for the facilities for the doctors, a bunch of different factors that if you add them up, sum up to lower cost, but it does not in any way affect the standards of quality. >> reporter: but there can be risks when seeking care abroad. so says emory university's dr. john sweeney. >> the issue is the long-term follow-up, and continuity of care that is going to be difficult to achieve. >> reporter: also, it is important to research the types of certifications, both the hospital and the surgeon hold.

and patients should be prepared to pay out of pocket for complications that may arise once they return home. those who receive poor or damaging treatment abroad often have no recourse. but sweeney notes because a hospital is outside of u.s. borders doesn't mean it's bad. >> we tend to be very close-minded and not realize that, hey, there's countries outside the united states that do this as well as we do, or better. >> reporter: as for sharon? she says all the travel has been worth the cost savings. >> i work at a hospital institution, and this is very well run. >> reporter: dr. sanjay gupta, cnn, report rg.

tonight judge a book by its cover. things aren't always what they seem. those are all saegs we heard growing up. but sometimes we have to see to believe. thelma gutierrez from our sister network, cnn, introduces us to a young man who teaches us all those lessons by defying the odds. >> reporter: at 17 you could say kevin chauncey lives a double life. >> there are times it gets difficult. but i can't let those difficult times bring me down. >> reporter: he's on a journey

many of his friends know nothing about. kenneth is a starting running back on the varsity time at helen bernstein high school. he's a straight "a" honor student named best overall academic student. and he's popular. he's student body president, a big man on campus, with dreams of a college education at harvard. >> he's an "a" student. he's definitely into leadership. he's also in athletics. >> reporter: but at the end of the day when all of his classmates go home, kenneth and his 14-year-old sister stephanie start their journey home. to skid row, in downtown los angeles. >> [ bleep ]. >> reporter: where there's no escape from reality. kenneth and stephanie live here. at the union rescue mission.

what would you want people to understand about the struggles of their children? >> there are struggles, especially obviously financially. like i would love to have a house, and my own room. this is my storage area where i keep most of my track and school stuff. >> reporter: kenneth, stephanie and their father, gordon, live in a tiny 250 square foot room at the shelter. in a special area designated for families with children. they ended up here after gordon, who works as a day hire in the entertainment industry, lost his apartment about the same time he won custody of his kids. even though kenneth lives in a shelter, he says it's so much better than what life was like before. >> in the sixth grade i lived in a van. let's see. my mom used drugs. my stepdad used to hit me. >> reporter: kenneth says that was the past. now he's focused on his future. he says he will leave skid row and he wants to go to harvard university. >> i do have big dreams but i

have to make them come true. >> reporter: he says he has the grades to get in. now the hard part. he has to find the money. grants or scholarship to get him there. thelma gutierrez, cnn, los angeles. >> i bet it will happen, too. for more "what matters" check out the november issue of "essence" magazine or log on to cnn.com/whatmatters. how about a show of hands? who wants to see jon and kate plus eight end? get the kids off the tv. i know that's my vote. what about you? the drama continues to play out. jon gosselin trying to put a roadblock up on the show. tlc, the show -- the company that does the show, they're fighting him. they will go lawsuit against him. what do you think? how do you want this to end? we'll take your calls.

seismic developments in the emerging saga of the so-called balloon boy. the little boy who was found alive after an intense search, it all started when a giant homemade balloon took flight thousands of feet in the air. with falcon heene supposedly attached. since coming out of hiding rgs his family has been on an all-out media blitz, but is this 6-year-old ready for the national spotlight? is he too sick to be on camera? you are not going to believe what happened during a live interview. and what about falcon's parents? why do cops want to talk to falcon's parents again? and then murder charges against accused child killer, casey anthony, dropped.

that's what her team of lawyers asked a florida judge today. but do they have a case? for months, "issues" has sorted through thousands of court documents, evidence seemingly pointing the finger at casey. tonight for the first time, an inside look at her defense strategy. can it work? could she actually walk away a free woman? plus, uproar over teen violence. a 15-year-old boy doused in alcohol and set on fire, allegedly by his own classmates. they say they did it because he was a snitch, because they wanted revenge. tonight, his mom shares her heartache and outrage with us. a horrifically tragic story that exposes the brutal reality of children at risk. "issues" starts now. a roller coaster of emotions as the nation breathes a collective sigh of relief in the wake of yesterday's balloon boy drama. tonight, new details about the

family of 6-year-old falcon and the controversial circumstances surrounding the backyard launch of the heene family's experimental helium balloon. the drama began the moment the so-called low altitude vehicle accidentally became untethered. >> a flying saucer in the backyard. >> yes. >> okay. obviously it has electronics. can he know how to work it and get it up off the ground? >> no. he doesn't know how to operate it. >> he does not know how to operate. that's gone, though, too, right? we are sure he's in that? >> yeah. we looked everywhere. >> that was frantic father richard heene calling for help. apparently fearing the worst, that his youngest son had been carried away in that balloon, traveling miles in the sky over colorado. when the craft landed, there would be no boy inside. instead, we would learn that little falcon had been hiding in

a ceiling crawl space in the family's garage. what's more, we find out that the heene family, including the kids, are all storm chasers. the parents have appeared on abc's reality show "wife swap" not once, but twice, and this just in. the family pitched a reality show to tlc, you know, the home of "jon and kate plus eight." that network tells cnn they passed. meantime, as soon as the drama came to an end, the scandal began brewing. >> falcon, did you hear us calling your name at any time? >> um-hum. >> you did? >> you did? >> why didn't you come out? >> you guys said that we did this for the show. >> no. >> a show? what show? was the child confused or was this whole thing some kind of

hoax? somehow staged by the parents to promote their experiment? at this point, the sheriff of larimer county, colorado, does not think so but many people remain skeptical. tonight's big issue, is this a family of publicity seekers addicted to media exposure? straight out to my fantastic expert panel. mark eiglarsh, criminal defense attorney and former prosecutor. brenda wade, clinical psychologist. michelle goland, clinical psychologist and contributor to momlogic.com. steve kardian, former criminal investigator and director of defend university and joining me on the phone, sherri silver, who was cast on "wife swap" with the heene family. sherri, stand by. i want to go right out to my colleague here at hln, the on and only richelle carey. you have been on top of this story since it launched, so to speak, and it went from gut-wrenching, terrifying to now a lot of people wondering what was really going on behind this. there was just a news conference

this afternoon. give us the latest. >> this news conference was a little unusual, jane. the sheriff of larimer county was almost like a defendant. he made his case for why he continues to believe the heene family. he was peppered with questions and these are some of the highlights. he says first of all, they didn't just take -- he and his department didn't just take the heene family's word for it. they brought in other experts who said that to them, the family's affect seemed appropriate for a family that was truly worried about where their child was. he also says that they talked to experts who say that this particular type of experimental aircraft could carry the weight of a child. they had reason to believe it was plausible that this child could have been in this aircraft. he also said that the -- it was plausible that a child who had let his father's experimental aircraft, a passionate scientist as he described himself, that if he had in fact been responsible for letting his father's

aircraft fly away and he thought he was in trouble, he would in fact go hide. he said that all the elements of this story seemed plausible to him. so for now, he says his department believes this family is telling the story but even so, they do plan to at some point in the future question the family again. but for now -- >> richelle, i have never heard a news conference where the same question was asked in a variety of different ways with reporter after reporter saying but what if this is a hoax, and what was the response of the sheriff? >> he said -- he won't even entertainment, quite frankly. let me mention something else i forgot to mention. there's a tape that's been airing on hln all day, the videotape of the family in the backyard watching this contraption, maybe i shouldn't say that, i'm sorry, experimental aircraft, take off. >> it's a contraption. >> whatever. go off into the air. it seems to contradict the

initial story we got, because the first story was that there were only the children in the backyard when this thing took off and one brother ran inside and said i think falcon took off in this aircraft. that contradicts this video we're seeing when the entire family was outside and the sheriff says i'm aware of this video but i haven't seen this video. so there's a lot of questions. >> why hasn't he seen it? we've all seen it. it's been on the air all day. maybe he should stop giving news conferences and turn on the television and watch hln because we're looking at the video right now. what strikes me, mark eiglarsh, is that there's a moment right here where the balloon is level with the dad. it's level with the dad and he doesn't seem to be making any attempt to grab it and pull it back down. mark eiglarsh? >> i'm with you, jane velez-mitchell but i don't think it's a big conspiracy. for what it's worth, just my opinion, i have watched all the interviews, i've watched the tape, i don't think this was a big conspiracy. i don't think it's a hoax. i think that the only real problem that i have with this

father as it relates to his children is the fact that he -- >> he's kicking, kicking the dirt there. >> falcon. that's my problem. falcon. >> there's something that doesn't add up here. tonight's big issue, are the heenes a family of attention addicted publicity seekers? they made the rounds of the morning shows today, cnn, abc, nbc, cbs. listen to what they had to say as they really hit the media big. >> he's here and i shouldn't be talking like this, but they said he wasn't in there and you know, i just kind of lost it at that point. >> what did you think? >> i thought maybe he had fallen out. >> we were holding on to every second, you know, every second just hoping that he was going to come out okay.

>> i just pictured little falcon inside, you know, being frightened and cold, you know. what if he fell out. and at worst, the high voltage supply that we have on board, if he had touched that, he could have been electrocuted. >> what have i got to gain? i'm not selling anything. i'm not advertising anything. my family and i do this all the time. >> when i first saw him, i couldn't even believe. i couldn't comprehend right away and next moment, i just jumped and called his name, screamed and cried. >> steve kardian, you're the criminal jeinvestigator. he says i'm not selling anything but then we find out he pitched a reality show to tlc, which passed. so he has pitched things to the media. on top of that, there is this discrepancy with the story we originally got that the family wasn't there, it was the two

kids, then you see the video clearly, he's actually having a fit when that balloon takes off, but there's a moment where it seems like he could have grabbed it and he didn't. >> yeah. jane, when we look at this, we see that -- we see that he does have this background with publicity seeking. when i listened to that 911 call and i have heard thousands of 911 calls, it's convincing. however, there are elements that the sheriff has to look into, has to put them aside and eliminate them in effect that this is some sort of concocted story. >> what he needs to do is interview them all separately, and that's the key. mark eiglarsh, should this family lawyer up at this point? >> not lawyer up. just like enough, already. they didn't have to go on the national tour. they opened up to everybody, answered all the questions. they convinced me, okay, yeah, he's got a history of trying to get publicity but in this instance, it didn't look like he was selling anything. he's absolutely right. so i don't know, i would

probably say enough is enough. let's move on. >> i got to disagree with you, sweetheart. he's got a book deal. he's got a potential made for tv movie that he can sell out of all this. >> yeah, but that's all possible but it looks like that's something that you guys are coming up with. it doesn't look like it was something that he came up with. if he was smart, he wouldn't have gone and given all the interviews like he did. he would have been selective, he would have given out one that he could probably capitalize on. he didn't do that. he gave it away for free. that was too half-cocked. it wasn't too smart. >> everybody doesn't plan these things out perfectly. i'm not saying he did anything. when we come back, we will talk to a woman who was his teeny wife on "wife swap" and ask her why she believes that he is totally innocent of concocting anything. she's on his side. her amazing story when we come right back.

certainly from the e-mails and phone calls we've been getting, there's a lot of pressure to do something, to charge these people with committing a crime, a false reporting and to recover restitution. but that said, let me say again, as a law enforcement officer, public safety official, we have to operate on what we can prove as a fact and not what people want to be done or what people speculate should be done. >> that was the sheriff of larimer county, colorado, talking about the misadventure of balloon boy, falcon heene. should the family be asked to reimburse the taxpayers for money spent on the search? according to that sheriff, colorado does not charge for searches. however, if they find out that this is a hoax, which would have to be proved, in a court of law, then they could seek reimbursement. brenda wade, you're the

psychologist. what do you make of this family's behavior? >> you know, jane, they would have to be not just mad scientists but professional actors to pull off those 911 calls, to pull off the way that they handled this entire thing. i don't believe this is a hoax. i believe it was real. i believe something happened and they thought their son was inside that balloon. are they perhaps media seekers, quite possibly. is he a parent -- >> you think? you think they might be media seekers? pitching a reality show to tlc, appearing on "wife swap," videotaping themselves at play, putting it all up on youtube? >> all of that may be true -- >> think they might be publicity seekers, brenda? >> they could well be publicity seekers. we have some evidence but there's no evidence that i can see -- look, this guy has emotional problems. he's got an anger problem. he's got a boundary problem as a parent. he's not protecting his children enough, in my opinion, but is

this a hoax? i don't see it as a hoax. i really don't. the way those calls sounded was convincing to me. >> let's add another layer to all of this. we are going to get your analysis on this. 6-year-old balloon boy falcon got sick. he actually vomited on national television this morning. live on nbc's "today" at 7:08 eastern and again on abc's "good morning america." check this out. >> mom -- >> one of the guys told me it was for some tv show so that's what he was referring to. should we take you to the bathroom or something? >> yeah. >> okay. >> okay. >> is he okay? is somebody going to go with him? you may want to run with him. that's okay. we understand. >> now, michelle, richard told

one tv anchor falcon gets sick when he has asthma. but why continue to display this child on tv after the first time? >> that's what's disturbing to me, the mother didn't get up, wasn't concerned, didn't react in the way that you would think a mother would, and truthfully, then they keep going. they keep going and doing the interviews. it's very disturbing. to me, it's clear that these parents seem to be neglectful in the sense that they're not concerned about how much danger they put their children in. for them to be doing storm chasing and all of that, i mean, if one of their children were to be killed during a storm, they could be charged with negligent homicide. that's the truth. >> there's a fine line, it's really a fine line, i don't want to demonize these parents and by the way, if they ever want to come on our show and give their side of the story, we'll certainly devote an entire hour to hearing why they do the things that they do, but there is a fine line between encouraging your kids to be curious about life, to be

adventurous, and putting them in harm's way. cnn's john roberts took richard heene, the dad, to task this morning over allowing his kids to curse. listen to this exchange. >> our rule is that the kids can cuss in the house. they're not allowed to cuss outside. i don't want to be a hypocrite. i'm not going to tell my kid you can't cuss and yet they hear me do it. i'm not going to do that. >> but when it's on youtube, as it is now, it has received thousands of hits, it's out there in public. >> yeah. you know, we were looking at it like a beastie boys thing and we figured that you know, funny comments would come in, the kids would go hey, that's cool. >> but mark eiglarsh, you're the attorney. all of this stuff may be questionable parenting. there's nothing illegal about that. the question we have to stay focused on is was this a staged event that put law enforcement

and others at risk when they tried to save what they thought was a child in a balloon? >> there's no evidence of that. but i do cringe when i hear some of his parenting skills or techniques. someone needs to step in and you know, it's this whole climate of putting everything out there before the public. someone like this should probably lawyer up in the sense not that he's protecting his criminal rights but he should be protecting his image from the public because now we are going to pick it apart. his kids shouldn't be cussing. his kids shouldn't be seeing his anger and his hatred and things that we've seen on the video. not a strong choice. >> all right. we all have our issues. we all have our demons. i'm certainly no exception. my new book "i want" is an open book. in fact, it's a tell-all about my own battles with addictions, especially my struggle to become sober which i did 14 1/2 years ago. my story could help you or a loved one struggling with addiction. it's available in bookstores now or you can order it online at cnn.com/jane.

check it out. it can help you with any addiction. up next, teen violence spiraling out of control across the country. we're going to talk to the mother of a boy set on fire allegedly by his classmates. you do not want to miss her heartwrenching story. first, what's in store for balloon boy and his family?

they're a great family. we have been their neighbors for about a year, and we've, you know, they're unusual, yes, of course. you know what i mean, you know, he's sort of a scientist/inventor and they're storm chasers. they go after, you know, tornadoes and hurricanes and things like that. >> that was one of the heenes' neighbors. i'm delighted now to introduce a woman who played richard heene's wife essentially on "wife swap," sherri silver. you were on that reality tv show with the heene family and you got to know richard.

obviously the controversy, could he have possibly been involved in concocting something for media attention that we saw play out on national tv yesterday? what are your thoughts? >> my feeling is as bad as richard is as far as his character and, you know, being angry and mean and cruel sometimes, i really don't believe that he could pull this hoax on all of america to be worried about his child. >> now, you were paired with him for awhile. give us a sense of what he's like, because we're seeing a guy right now watching this balloon go up and he seems to be cursing and kicking and then we see a guy who's very emotional with his son, crying. he does seem to wear his emotions on his sleeve. >> yes. he's a very emotional person. and he's also got diabetes so he's like really, really up, really high, then he drops really low and his medication makes him very subdued. so he goes through different character traits through his

medication. and i witnessed that myself. i saw him being really, really cruel, then coming in and like apologizing and relating to me, and then really having a meeting of minds. we talked a lot about metaphysics and spiritual and aliens and he was very wise, very brilliant and he would go into a rampage again. >> one of the things that i noticed when i was reading his resume, for lack of a better word, is that he does seem obsessed with ufos, aliens, looking for life on mars. there was a youtube video that was posted that we all saw yesterday of him talking about mars civilization. what's all that about, sherri? >> well, they're about to come out with a history channel on the 19th about all the high officials saying the aliens are real. so basically, i think as a society, we want to close our eyes to facts in front of us but i think the wake-up call's

coming. as far as aliens are concerned, good, bad or whatever, i agree with richard. it's real. because i personally witnessed it. >> well, listen, i certainly don't want to exclude the possibility that there's other life forms out there. i mean, let's face it, the cosmos is a very big place. it wouldn't make sense that we're the only living creatures so i certainly won't judge somebody because they think there may be life somewhere else. unfortunately, it does always seem to set off alarm bells when people start talking about extraterrestriales. is he a guy who's a little eccentric and that's why we're talking all these theories about him concocting a hoax, possibly? >> i'm not going to tell you he doesn't want money to be able to do his science experiments and do his work and he doesn't want attention and be on tv. obviously he does. he wants to be famous. but not for fame's sake. to do his scientific work. there's a difference. >> i think you said the key

thing there. he wants to be famous. sherri, thank you so much for taking the time. we will talk about casey anthony coming up next.

murder charges against accused child killer casey anthony dropped? that's what her team of lawyers asked a florida judge today. but do they have good reason? for months, "issues" has sorted through thousands upon thousands of court documents, evidence seemingly pointing the finger at casey. tonight, for the very first time, an inside look at her defense strategy. can it work? could she actually walk out a free woman? and then, uproar and i mean uproar, over hideous teen violence. a 15-year-old boy, look at that handsome young man, allegedly doused in alcohol and set on fire by his own classmates. they say they did it because he

was a snitch, because they wanted revenge. tonight, his mom shares her heartache and outrage with us. that's right, she is talking to us. a tragic story that exposes the brutal reality of children in today's america. brand new developments in the caylee murder trial. casey anthony appeared in court today fighting the murder charges against her. the judge wasn't hearing any of it. he said no way, jose. the murder charges stay put. casey faces the death penalty. she is accused of brutally killing her adorable 2-year-old daughter, caylee marie. her attorneys pushed the judge to drop the murder charges and the aggravated child abuse charges. this is our very first glimpse into what will likely be the defense strategy. they say there is absolutely no physical evidence at all connecting casey to the crime scene. we'll analyze that. they presented their defense on abc's "the today show." >> what they're lacking in this

situation with all that's coming out is any forensic evidence, and that's the problem with the case is there's not enough to substantiate these charges which are first degree murder and aggravated child abuse. >> you need something that connects her to the crime scene. all the evidence that they have, nothing, the fibers that were found on the duct tape did not connect her to the crime scene. nothing. there was no fingerprint evidence. >> they are doing the rounds. they also argue they have proof, proof, casey was in jail when little caylee's body was dumped. the judge challenged casey's lawyers if they have evidence their client is innocent, they have to turn it in. he set a february deadline. prosecutors maintain evidence exists that will convict casey. how about the fact that this woman didn't report her own daughter missing for a month? instead, you see it right there, she was out partying. look at these wild photos. is this the picture of a terrified mother who's lost a child? or is it the picture of an alleged murderer?

straight out to my fantastic expert panel. also joining us, "in session" correspondent beth karas. beth, you're on top of this story. what is the very latest? >> well, the murder charges stay, as you just reported. the judge issued a ruling this afternoon not long after the hearing ended, basically granting the state's motion to strike the defense motion to dismiss. they wanted to dismiss the murder charges and aggravated child abuse. the judge said you just haven't laid out enough undisputed facts to meet that burden. the charges remain, seven counts at this point will be going to trial. the judge also gave the february 1st deadline to the defense to turn over any witnesses they intend to call at another pretrial hearing sometime next year before the trial which is supposed to be next summer. at that hearing, they're going to, if they have it, they're going to put witnesses on that will say they should have been at the crime scene. it shouldn't have been turned over to them when it was just a

barren, raked plot. they wanted to at least observe the police officers as they were culling and sifting and cutting down the bushes. she had a lawyer by then. she brought experts in and they didn't get a look at it for a week. the prosecution says we took hundreds of photos. the photos are good enough. we'll see if the witnesses agree. the judge today granted a defense motion that the defense experts can have an expanded access to these photos. they're very graphic photos. there was a fear they could get leaked out to the public domain, to the media. that's not going to happen. assured the defense team and the judge is going to let the defense download these photos on to discs and send them around the country to their various experts. that's basically what happened today. >> one of the headlines is casey's attorneys are arguing there's no physical evidence at all tying casey to caylee's murder. we have to ask, what about the cadaver dogs who hit on casey's car? what about the hair that belonged to some member of the anthony family found in casey's

car that investigators said showed signs of decomposition, ie, a death band came from a dead body and what about the testing on the trunk that showed decomposition in the air and let's not forget the chilling 911 call made by casey's own mother, cindy. let's listen to that one. >> mark eiglarsh, then there's the endless circumstantial evidence. she didn't report her daughter missing for a month. she allegedly lied to investigators. she got a tattoo, some kind of tattoo that said something about the beautiful life. >> the good life. >> after her daughter, the good life, after her daughter went

missing. so what is the defense talking about when they say there's no evidence connecting her to this crime? >> listen, just saying it's so don't make it so. as a defense lawyer, winning is defined by doing everything that you possibly can to help get the outcome that you want. it doesn't mean that you're going to get the outcome that you want. the state here in florida is looking to kill their client. they shouldn't sit back. they should file every possible motion that they can. i assure you they had no intentions upon really believing that this judge would grant it. he's not going to take this away from a jury. he's going to let them decide. >> beth karas, i talked to sources who tell me that every single piece of evidence that the prosecution has, the defense has an explanation for, that they challenge the scientific validity, for example, of the so-called death band on a hair that had to belong to the anthonys, that they challenged the scientific validity of the so-called air samples that showed decomposition. essentially, it seems that they could very well argue that this

is mumbo-jumbo pseudoscience. >> yes, they certainly could with respect to the air samples. i have never seen that before and i do think that is going to be a battle. th this is a circumstantial case. what hurts the defense, and they know this, are the numerous, the mountains of lies that casey anthony has told and it's a very, very tall task for them to explain away that she didn't report this for 31 days. so her conduct, even absent forensic evidence, her conduct and her statements hurt her. michael skaekle is in prison for 20 some years. there wasn't any forensic evidence tying him to martha moxley's death. >> the prosecutors will remind jurors in opening statements casey didn't report her child missing after 31 days. it was her mother who, after she realized something was up, she called the police. so apparently, casey did never plan on actually calling the police. she was going to conduct her own

search to find out where the nanny had allegedly taken her child. it doesn't make sense. it will be tough for the defense. >> steve kardian, i'm reminded of another trial, the o.j. simpson trial, and he was acquitted of murder in the criminal trial, and the prosecution got so bogged down in the explanation of the dna evidence and it became so confusing and i remember sitting there day after day, watching on a monitor, where it really was a simple case that got so complicated because of the forensics that where i believe not handled in a simple, clear manner by the prosecution. could the same thing happen here, where the common sense case that she didn't report her daughter missing, that's suspicious, gets lost in an argument over whether science is real or mumbo-jumbo? >> we're seeing that here, jane. look at the simple fact, the connection that they're trying to make with not being allowed to be at the crime scene. law enforcement would never on their worst day allow a defense

attorney to be present while they were investigating a crime scene. so it borders on the ridiculous, some of their requests. >> they're also doing their job. in their defense, if any one of us was ever accused of a crime, you wouldn't want them to go at it half-baked. as much as it offends us because many of us think she's guilty beyond all doubt, that's their job. don't hate the defense attorneys. let them do their job. if the prosecution does have the evidence, it appears they do, justice will prevail. >> but will they do their job thoroughly? >> i defended jose baez. i think he's doing an excellent job. don't confuse him with his client. well, now, you're the one attacking the defense attorney, mark, not me. >> i like the supporting cast. jose has done a lot of things that i take exception to. these impromptu press conferences, the nature of some of his arguments. i think he looks best when he just works, keeps his mouth shut and focuses on his client. that's just my opinion. >> beth, we got 20 seconds. what about the new dates for casey's check fraud?

>> there's a trial date now, a date certain of january 25th. december 18th, everyone will be in court, a couple of months, for a status conference just to make sure there are no outstanding matters. it will be tried the first month of next year. >> that's big. that's big. >> it is big, because if she gets convicted in that -- >> yes, they will be able to use it against her if she does take the stand which i don't think she ever will. she can't explain away all those lies. >> thank you, excellent panel. we will tell you how this is such a sad story, the 5-year-old sole survivor in the wrong way crash is doing. and another hideous act of teen violence. the latest on the little boy, look at this handsome young man, who was set on fire all over a bicycle?

let's meet today's winner, scott f. between the ages of 3 and 13, scott was sexually abused by his adoptive father and brother. as an adult, scott began a series of sexually addictive relationships. the overdose death of a sibling in 2005 made him realize sex and love are not the same. scott describes himself as clean now of the demons of sexual addiction. scott, for bravely sharing your story, you will be getting an autographed copy of my new book

"i want" plus a chance to win a trip to new york city and visit me on the set of "issues." i am so proud of your recovery. coming up, the latest on the teen boy who was tragically burned and is now fighting for his life but first, "top of the block" tonight. the sole survivor of the horrific wrong-way crash is reportedly doing well. that's such good news. three months ago, 5-year-old brian schuler was in the back of a van as his mom drove the wrong way down the parkway. moments later, the car crashed, killing eight people, including his mom, his sister and three cousins. toxicology tests showed brian's mom, diane, was drunk and high on pot at the time. daniel schuler, the woman's husband, the dad, has maintained his wife never drank. brian suffered two broken arms, a broken leg and he is trying to

rebuild his eyesight but the good news, he is healing very nicely. a family investigator said this to nbc's "today" show. >> brian doesn't remember anything about that accident. he remembers noises around him. he remembers fire engines, apparently, and he remembers emergency workers. first responders have told us that brian appeared to be conscious through the whole thing. >> little brian says he misses his mom and sister and asks for them often. that's so sad. thankfully, though, this child's life was spared. unfortunately, he's going to have to grow up without his loved ones, without his mom, without his sister, all because of drugs and alcohol. that is the lesson for tonight's "top of the block." turning now to another unthinkable case. gruesome attack on a teenager

allegedly by a gang of his own classmates. police say five boys cornered michael brewer, drenched him in alcohol, flicked a lighter on him and then set him on fire. in just a moment, we will be joined by michael's mom, valerie brewer. she has spent the last few torturous days by her son's hospital bed. with severe burns over two-thirds of his body, the 15-year-old is not able to talk. he is not able to tell his mom about his pain or the memory of this hideous attack. it just took moments but the consequences of that action are going to last the rest of this young man's life. >> i think we're looking at many, many months of stay in the burn center, in the acute care hospital. we're looking at several months in the icu. we're looking at at least a year before we can say that we're well on the road to rehabilitation and in terms of ever really getting completely over this, it's a lifelong thing. this is a life-changing event. >> one of the boys who used a

lighter to set michael on fire is now charged with attempted murder. all five young suspects are charged with aggravated battery. we're blurring their faces because these are juveniles. prosecutors are still deciding whether to charge them as adults or not. here's my big issue. we live in a society awash in horrific violence. it's no wonder the brutality and frequency of teen violence has reached a crisis level. the big question, how are we going to reverse it? how are we going to take this hideous, hideous, hideous thing and turn it into something that might make this world a better place? that might do something positive? we're going to talk about that tonight with my fantastic panel and also, joining me on the phone, the victim's mom, michael's mom, valerie brewer. valerie, there are no words, of course, to describe what you are going through, what your son is going through. it's got to be hellish. it's got to be surreal in its

nightmarish qualities. what are you doing with your son? i understand you are there by his bedside day in and day out. >> i am. i won't leave his side unless a doctor has to talk to me or if they have to change michael's bandages, which takes anywhere from two and a half to three and a half hours, because he has so many burns. they have to heavily sedate him so he does not feel any of the pain while they're doing that. it's an incredible journey that we're on. i really don't know what to say. >> i understand you rub his feet. >> i'm just so, so raw right now, so numb from lack of sleep and having to sit there and look at my son every day with all his burns all over him. >> i can't even imagine. i can't even imagine. i understand you rub his feet

because you can't really communicate with him so you rub his feet and that you communicate in a nonverbal way so that he knows that you're there. tell us about that. >> michael is able to shake his head yes or yes or no. he cannot speak. however, he's not awake very often, maybe five minutes in the morning, five minutes in the afternoon and five minutes in the night. it's when the medication starts to wear down and he wakes up a little bit. he's tried to sit up and get out of bed because he wants to get up. i don't think he's really understanding what's going on with him. he knows he's in a lot of pain. he does respond to questions. i ask if he wants me to rub his feet. he shakes his head yes or no. i ask if he remembers people.

yes or no, he gives me. he reaches up for his father's hand. >> oh, my god. valerie, hang in there. we'll be right back with you in a moment. your son, so courageous. it's such an obscenity.

>> there's no talking to him. he's heavily sedated. there's no talking to him. his young age goes into his favor, but the size and depth of the burn and the fact he inhaled smoke during the burn is against him. >> that's michael brewers doctor, the youngest suspect in all of this is just 13 years old. the others are 15. two of the accused are brothers who were once friends with michael, according to their mom. she says they would spend the night at each other's home.

the 13-year-old will undergo a psychiatric evaluation to see if he's competent. i have to go back to valerie brewer, michael brewer, the victim's mom. is it true, some of the kids accused of doing this to your son used to be friends and how did it deteriorate to this monotrosty. >> i'm not at liberty to discuss it because of the criminal case. i have been advised by the police not to answer any of those questions. >> let me ask brenda, sometimes there's a fine line of young people between love and hate. >> that's true, but there's two things about the case that stand out for me with the young people. one is clearly, when children act in an abusive way, we find they have been treated in an abusive way. all behavior is learned

behavior. the other thing, you said yourself, in our culture, we value things above people. the bicycle was more important than michael's life and well-being. that's something we need to address in our culture so we are not blinded and hypnotized by materialism and value what's important, which is one another. >> absolutely. valerie brewer, reading about your horrific situation, you said you are hoping that somehow this tragic turn of events could be use d to address teen violene so your son did not suffer and has not suffered in vain. tell me about your hopes and prayers that something good might come of this horror. >> oh, my hopes are that the world wakes up and sees that, you know, video games are

raising our kids because people can't afford to not go to work. there's no one to stay home with our kids anymore. they are raised by tv and by violent video games. movies, there's violence in cartoons. i hope and pray that everyone wakes up and sees they are desensitizing our children to reality. >> jane, when parents -- >> i couldn't agree with you more -- go ahead. >> the likelihood of them becoming the abusers and doing something harmful like this go up statistically and common sense dictates that. let's get involved, if we think we are hearing screams from the neighbor instead of turning up our radio. >> it has to be a wake up call. we cover too many of these. we do them time after time. we have to learn something from them. we have to start changing our

culture as a result of it so we do not have more mothers like valerie brewer suffering. valerie, thank you so much. my thoughts and brars are with you. ddddddddddddd

break iing news tonight in e case of a 5-year-old florida girl reportedly snatched from her own bed in the middle of the night. little haleigh cupping. are the house of cards finally falling down around here? a florida judge signs off on the divorce of haley's dad. and the last woman to see her alive. their seven month marriage is officially over. will cummings finally break his silence about the holes in misty's story.

the mother bonds out of a florida jail on forgery charges. what did she tell investigators on haleigh's disappearance? >> divorced. i mean, i don't want a divorce, but it's what he wants, so, whatever. >> the last person to see haleigh alive is the last person to finally sign divorce papers. will it boost the investigation in what happened to haleigh. >> it's been terrible. she should have been with the sheriff's talking to them about where haleigh is. >> now that misty croslin's mom is transferred out of a

tennessee jail, will she be questioned by the police? >> you have mom in jail with a $100,000 bond. i clear ly think they will approach her and say do you want to get out of jail? you need to tell us something. >> i think what we are dealing with are shallow people who don't think much before they speak. they pretty much blurt out anything that comes to mind. they are focused on each other. nobody is focused on the little girl. >> over 4,000 tips continue to pour in. including possible haleigh sightings on video. >> we would like a break in the case. we want to bring haleigh back. >> it's such a travesty and such a circus, i'm waiting for the acrobats to come in. it's one ridiculous story on top of another. it's ludicrous. what about haleigh, isn't she supposed to be the victim?

good evening. i'm mike brooks in for nancy. a florida judge signs off the divorce of haleigh's dad and the last person to see the little girl alive. will ronald cummings break the silence about the holes in misty's story? >> no, i don't. i think they are barking up the wrong tree. >> i don't believe you. i think you do suspect your ex-wife, soon-to-be ex-wife's story. you don't want to discuss it in the midst of a divorce. >> no, i did not. >> okay. bottom line, you don't know where haleigh is? >> bottom line. >> misty is digging herself into a deeper hole to the point where her attorney dropped her. >> if this girl keeps doing what she's doing, it's a question of time before she's charged with

having something to do with the kid disappearance. she repeatedly contradicts herself. >> we want to see our daughter. her stories don't add up. everything she says is crazy. >> tips flooding in from across the nation. possible haleigh sightings on tape. will misty's mom be questioned by police? >> something is going on and mom may have a heart felt sympathy for a child that's disappeared. this family is willing to betray each other over a get out of jail free card. what's it say about her and who she's willing to betray? is she betraying ron or haleigh? >> the bottom line is, it's been a seven month marriage between ronald and misty. but, the question remains, where is that little, beautiful baby

girl, haleigh. i want to go out to marlina schiavo. what's the latest that's going on in satsuma, florida now. >> well, the divorce between misty and ronald is finalized. what does it mean? a few things. will ronald come clean and tell us what he feels about what misty was saying all along? will he reveal the doubts he has about misty? we learned, before we go to air, misty is being represented, again, by her attorney. >> wait a minute. this is the same guy she just dropped after her appearance on one of the morning shows and he says hey, i don't want you anymore, you are on your own because you won't do what i tell you to do? >> same guy. he sent an e-mail today to ronald's attorney saying he does

not want ronald speaking to misty. all communication has to go through the lawyers. joining us is the attorney for ronald cummings in st. augustine, florida. thank you for being with us. >> my flesh. >> what is this memo? >> it's easier. he sent me an e-mail and requested all communication between ronald and misty be cut off and anything needs to go through him. >> what does ronald think of this? >> he has no problem with it. they are divorced. their marriage is over. it's fine with him. >> now, you know, they had been talking all, up until now, from what we understand and things were ammicable even though there are irreconcilable differences. has ronald told you what he

thinks misty is holding out? >> he's never come out -- first of all, you have to understand, if ronald knew anything or had anything she told him, he would 100% go tell authorities. has he told me he thinks she's hiding something or disclosures she's not made to the police department, no, he has not come out and said that. but, i truly believe he has concerns. you can see her inconsistencies and see her on the news and everyone pointing it out. it's impossible not to question if she's telling the truth. >> they were together not very long. how long totally have they known each other? >> to be honest, i don't know the answer to that. >> from what i understand, it wasn't that long before haleigh disappeared they started dating, then they got maried.

seven months later, they are divorced. for seven months, shouldn't have too much of a hard time. she got her name back to misty croslin. now, mr. beards li, what is ronald's state of mind now? >> it's the way it always has. his main concern is finding his daughter. he don't care who it implicates, who is responsible, his goal is to find his daughter. his state of mind, i think he's more relieved now from the day-to-day pressures of being with misty and the media hype that surrounded their marriage and their relationship. i think he's a little more calm and relaxed. he's still very anxious and wants to find his daughter. >> in the marital settlement agreement, it says, in consequence of dispute and

irreconcilable differences they will separate and live apart. >> correct. >> now, they are divorced. what were the main disputes they were having? >> that's a standard agreement. >> there were disputes, correct? >> every married couple has disputes. their main falling out, i guess you could say, they need to go their separate ways because of the pressures they receive day-to-day. ronald, in my opinion, he does question if she had anything to do with it. now, you know, keep your friends close, your enemy's closer. >> i think it's a quote from ronald, as a matter of fact. >> i don't know if he thought if he stayed with her, she would slip. he never said that, but common sense says it's an option.

>> art harris, has a website, artharris.com. thanks for joining us. >> sure, mike. >> you have spent a lot of time down there and talked to a lot of folks in satsuma and done investigations yourself. what is the pulse now in satsuma surrounding the case and the search for haleigh. >> a collective sigh of relief that this tension, this flash point is not what it was. misty is off with friends in an undisclosed location and she's isolated. i'm told she's reached out to her family and there may be a reconciliation. i understand, there may be something in the works where she may be willing to drop her objection to tommy being in touch with her. then she could go back to her family or he could leave the house. >> why does she have a restraining order against her

brother? >> there was violence with ronald. he tried to rescue her. she changes her mind. a fight ensues. she gets punched, accidentally and files the papers for a restraining order against her brother, tommy. >> tommy was in jail. i'm going to go to the producer. tommy was in jail? >> yes. >> for what? >> tommy croslin and lisa were involved in the same incident. they went to a neighbors house, he was in his 80s. they went to use his phone. while they were there, lisa stole checks from the neighbor and the brother allegedly took a gun from him. >> so, he took a gun. they stole checks. she wrote bad paper, of this old guy and then she runs to tennessee, gets locked up in tennessee, a warrant against her and now she's back in florida.

come back, we're going to talk about what tommy told police and did misty's mom talk to police and what did she tell them?

ronald cummings, did it ever disturb you that misty cummings story changed? >> yes, ma'am, it did. >> they were in the media spotlight for months. they can't go to the grocery store together, to the supermarket, they can't go out

to eat. they get scrutinized. i don't know of any married couple -- >> no offense, you have a wonderful reputation, but nobody gets divorced because somebody looks at them in the check out line. you guys don't want to tell me why the divorce or if cummings doesn't want to admit it. that's their business. >> i can't recall the changes. she pretty much tells me the same thing each time i ask her about it, so, there might be a difference in the way it's worded. >> there's a lot of tension. it's very tough strain on a relationship when there is something you think maybe needs to be told and you're not getting that information. you know, it puts a big strain on the relationship. >> i'm mike brooks in for nancy grace. we are talking about misty, the

dysfunctional family, to say the least. misty, her brother tommy, her mother who tommy and the mother went to the neighbors house to use a phone, took a gun, took some checks, momma got locked up, a prison in florida, she bonded out. now, misty is going to reconcile with her brother, tommy. isn't it a heartfelt story. here is what misty said about tommy. >> the last time you saw her what when? >> 10 clkt. >> you put her to bed? >> yeah. she went to bed at 8:00. >> when your brother went to the trailer, you weren't there. did you go somewhere? >> no, i did not. >> why did he tell the police you weren't there? >> trying to get out of jail, i think. >> your own brother would betray

you like that? >> it's how my family is. >> that was misty croslin on the early show. looks like she had a makeover, maybe time in a salon. we'll see if this reconciliation between the family really comes to. we want to go to art harris. we see misty and she looks different than here. now, there was a whole little undercover sting operation that tim miller at equusearch had. we heart about her run ining to orlando, we hear this mystery friend is a woman named donna brock who is working for tim miller. >> that's right. mike. this is someone she met when she was down there taking the polygraph that she flunked miserably and came up with the

idea that because they bonded and she offered misty give me a call, if you want to go to the mall, i'll take you to get your nails and hair done. misty calls her. she calls tim miller and says what do i do. he said it could be an opportunity to see what she's doing. >> how did donna inject herself in the equation? >> she was part of the crowd baby sitting misty when shet went to orlando to take the polygraph. she's 43, a mother of four, has an aura of confidence. misty sees her as the mother she never had. they were bonded. >> she knew donna worked for tim mill er? >> she did, but assumed because

they were going out together and she could call her anytime, spend time with her. she took her out of town, spent money on her. she told her personal things. donna was there when misty talked to ronald on the phone. we reported they were fighting. misty got the news as we reported it on nancy grace. she watched the show and was infuriated. >> i want to go out to attorney for tim miller. good to have you with us, again. >> nice to be back, thank you. >> did tim kind of run the plan, this undercover operation misty, if you will, by you before they decided to put money into it? >> no. there was really two parts to it. the first time, misty wanted to take a polygraph, so we arranged it in the office. she failed miserably. later, when i think the --

>> i'll do anything to get her back. >> being married, it can be stressful and there can be challenges. on top of that, everything they went through, during their marriage. i think it would be virtually impossible for any couple to survive that. >> i don't mean to grill you, but it doesn't all fit together. >> to me, it's a very dysfunctional family. it's the best way i can describe it. >> they would be having the answers, but they are trying to

get all the answers from me that i don't have. >> i'm mike brooks in for nancy grace. you heard teresa say it was a dysfunctional family. all along, she's always been behind the story that misty was saying and believed she was telling the truth. we'll see if she believes that anymore. i want to go to tim miller, mark, you were just getting into telling us about the operation misty before we went to break. >> right. >> he did run this by you before he went ahead and did this? >> no. what happened was misty wanted to take a polygraph. teresa contacted me and i told her i would only assist if it led to finding out whatever happened to the child. she agreed. whether it led to misty or anybody on the face of the earth, too bad, we were looking for the child. we then got national publicity,

new attention brought to the case. they came in. misty agreed to take the polygraph. it was scheduled in my office. we found the top people we could. i left for the evening. she failed misrabblely. that was pretty much correct. jim went ahead on his own to set it up. she said tim was a liar, i was a liar. there was nothing to lie about. she failed the polygraph. >> noted defense attorney elizabeth kelly from new york. sue, anything she told donna, can it be used in court? >> absolutely. it's not a shock she got a divorce. only helen keller didn't see it

coming. they didn't own the trailer. it was an easy case. the divorce is done. now, we can get back to looking for the little girl. >> dan do you have issues with it? i don't. >> i do. tim miller has no credibility. i heard what he said about marc klaas, the childish outrage. they are all media hounds and he has no credibility. dddddd

i took a polygraph. >> and you passed it? >> my understand, i passed it. >> the front door was wide open. she was standing in it. i asked what she was doing up. she said haleigh was gone. >> misty's brother was taken to be questioned by police. it looked like no one was home that night. >> he banged on the door and got no answer.

he looked inside through the windows, saw no lights, no television, did not hear a sound. >> this statement by tommy croslin, to me, it doesn't hold any water. >> why? >> i'm sorry, but, why wait seven months? if he went down there, my personal opinion, if i went there and knocked and everything was off, i would think they were sleeping. >> she woke up and went to the bathroom. she made it around the corner. she noticed the back door was open. that's when she ran back to the bedroom and haleigh wasn't in there. >> i'm mike brooks in for nancy grace. did tommy croslin really go to the house that night and pound on the door? didn't hear the tv or see anybody? we're not talking a mansion. we're talking a trailer that

probably, he would have been able to hear something standing outside, if the tv was on like misty says it was. i want to go out to marlina schiavo. she's been in the trailer and there since the beginning. has law enforcement talked about giving tommy a polygraph, possibly, to see if he was being forthcoming? >> you know, it's interesting. they haven't talked about giving him a polygraph at all. they took his statement, put it out there and that was that. i'm not saying she won't be doing it in the future. law enforcement hasn't been forthcoming with details of the investigation. it might be in the works, but they haven't said it publicly. >> i would want to get him on the box, myself. you know what, i don't blame them. i wouldn't be telling everybody everything, either.

i would hold things close to my vest. do your investigation, do your interviews. that's how you build a good case for going to trial. i want to go back to tim miller. we heard dan horowitz say tim's credibility is bad. do you agree with dan that tim miller, who orchestrated the operation misty, as i call it, do you think he's lost his credibility because of this? >> you know, mike, i feel as if i'm hearing about linda tripp all over again. i'd like to stick up for misty because no one else is. i don't read anything into the divorce between her and mr. cummings. they were two young people that made a hasty decision to get married. >> you know what?

they should have been focusing their attention on finding the little girl. i think it distracted a lot of attention. i want to go back to hart harris. art, you were down there and talked to tim miller about all this. now, let's talk a little about what tim miller told you about ronald cummings. >> yeah. >> and his state of mind. >> he was very concerned because after the polygraph, he went to the trailer with ronald and says that ronald went into the closet, pulled out an assault rifle. >> what kind of assault rifle did he say he had? >> he didn't know the make, i'm assuming ar-15, semiautomatic. he said i'm going to blow her teeth to the back of her head and kill myself if it turns out she had anything to do with it. mike, he was really worried. he saw cases that were lost when

witnesses had been killed or died. he wanted to get misty out of there. that's why he used donna brock as a vehicle to keep her away from ronald. that was the motivation. >> i want to go back to the attorney. does he, in fact, have a weapon in his house? >> he does not have an assault rifle. that statement is absolutely ludicrous. you know, no. he does not have an assault rifle. does he have a pistol, i believe he does. i don't know. i have never searched his house. >> have you talked to him about this? >> yes. >> you have? >> yes, sir. >> have you been to his house and asked him -- >> i have not been to where haleigh was taken from? he already relocated residents. >> do you think ronald cummings is a danger to himself or

others, from what we are hearing from art harris? >> from what you are hearing from art harris, if it was true of course. i have many, many client that is i am concerned over their emotional and mental state and i refer them to therapy. if i believed he was emotionally or mentally unstable i would have him in therapy. he's as stable as he can be for the circumstances he's in. he's not a threat to himself or anyone around him. >> i want to go back to pat brown, criminal profiler. pat, you have seen cases like this before. because he's going through a lot of stress, he's become emotional. >> i think we should look at the circumstances. i have an interesting viewpoint on this marriage and divorce. i'm not saying it's accurate. it's interesting and the police are probably looking at it. ron married the woman that's questionable as to losing his

child. his child is missing, being raped and tortured and says this is a time to get married. my daughter would like this. that's ridiculous. i guess she would like to divorce, too. did he marry her because he thought it would keep her from testifying against him. if she was involved, he wouldn't have to testify. now, he could say if he was involved and she goes to police, she's ranting and raving. it might have been a good strategy on his part both ways. >> i want to go to patricia saunders. watt, weigh in on this. we definitely need you now. >> i see a family that has these unstable attachments to everyone. so, it would not be out of consideration that misty is someone who doesn't attach to anybody in any substantial kind of way.

i want to agree with part of what pat brown is saying that i think we have a tendency to whitewash ronald cummings as a victim in this. i'm sure the man is suffering because of the loss of his daughter. misty is such an obvious target and makes herself more so. i think we have -- >> yeah, she's going to be a target. the only thing consistent about what she told them are her inconsistencies. >> that's true, mike. there's a lot we don't know that the police have with held. i don't know that ronald cummings is capable to make the decision to keep her close to his side, but i do question his stance as a victim, too. >> why, pat, would they decide to go ahead, in the midst of all that's going on, decide to get married? it doesn't make sense to me? >> they are two highly immature people who act on impulse. she might be his idea of a child

bride, a woman he can mold and shape and not give him any problems.

why won't she come and sit down with police and talk to them? >> that, miss nancy, i can't answer for you. i'm sure that maybe her attorney can answer it for you. hopefully she will. >> no. you have to have talked to her about talking to the police. what does she say? >> we have talked to her about talking to the police. >> what does she say? >> she says she'd talk to them. >> they want to talk to her again. why won't she do it? >> i have no knowledge of them wanting to talk to her and she wouldn't do it. >> after the divorce, do you believe ronald cummings will have more to say to police? >> in all the times we met with law enforcement, he's been.

>> we just want to find where is haleigh cummings? i want to go to the attorney for tim miller of texas equusearch. you heard what our defense attorney sfr san francisco said, tim miller's credibility is shot. what are your thoughts. >> he found another victim yesterday. his life is dedicated to finding the lost and deceased. he was doing something unorthodox. as far as the publicity seeking, nobody knew he was doing it. where is the publicity? he did it for one reason only. he wanted to help find the

child. anybody that claims otherwise, they don't know what they are talking about. >> has tim talked to you about ronald and possibly him having the gun? >> i'm sure. we were with ronald and spent time, i can tell you, i genuinely believe that ronald absolutely does not know what happened to his child and is dedicated to finding the child. >> i do, too. >> his manners, people may not believe it. if i could refer to what is being discussed. >> sure. >> ron believes, in the time i spent, misty might have known something about it. if she went elsewhere with family and she was gone, he believes he would have lost the opportunity to best find out what happened to his child. all the psychological gibber i have heard, respectfully, it's not that complicated.

he knew his best chance of fipding his child was keeping her close by. he's got questions like everybody else does about her continued discrepanciediscrepan. >> i want to go to marlina schiavo. she's been on the case from day one. going back to misty's mom. she was just bonded out. number one, who bonded her out and has she spoken with police? >> okay. first of all, police did not say who bonded her out, mike. she has spoken to police. they interviewed her before she left the jail and they questioned her about the night haleigh went missile. honestly, all she said was she still thinks misty is holding something back. she's sticking to that story. misty, as we talked last night said her mother only said that because she was mad at her. that's not the case.

she reiterated that to police last night. >> where did she come up with the money to get out of jail? >> well, that's a good question, mike. the family obviously has resources. there is extended family that doesn't live in satsuma that may be helping them out. >> is hank croslin in the picture? >> he is. he came back to florida once lisa got transferred. do they have plans to return to tennessee, that remains to be seen. >> we talk a dysfunctional family, but maybe, maybe she knows a little bit of something that will help law enforcement find haleigh cummings. i want to go to the doctor joining us from new york, a pediatrician. all right. you know, we hold out hope, doctor, that haleigh is still alive, somewhere. you know, there's been speculation that maybe some

friends of misty's took her that night when tommy went over and didn't hear anybody, we don't know the real story. but, if she is alive, doctor, she has turner's sin drom as we talked before. does she need medication on a daily basis to sustain her? it's been a long time now. >> right. it really depends on her own syndrome. there's a wide variety of symptoms. some are mild and some severe including involvement of the heart and kidneys. if she has a more severe form, she needs medication for it. it's hard to say without knowing her medical history. i want to go back to the attorney for ronald cummings. do we know how serious of turner's syndrome she has? >> my understanding. it's not that severe. at the time she went missing, she didn't have to take

medication for her -- the turner's syndrome. >> she was not taking daily medication? >> correct. >> okay. i want to go back to the producer for nancy grace. there's been talk of the night that haleigh disappeared, that ronald was trying to get -- was trying to call misty a number of times from the cell phone. do we know, for sure, from cell phone records if this was, in fact, true. >> yes, we do. police say they have ronald cummings cell phone records. they have evidence he tried to call her over 20 time that is night between 8:00, 8:30. when he got home from work at 3:00. he was trying to call her and wasn't able to get through, whether her phone was off or she wasn't answering. >> what has ronald told you about that time frame?

>> he couldn't get ahold of her. he called several times because he couldn't get ahold of her. it was typical for him to call her cell phone -- >> 23 times? 23 times? >> i don't know about that many times but i know every night he was at work, he would call in to check that she was okay and the kids were okay. that evening, he was not able to get her on the phone. >> how many times does he usually call? did they say in. >> we don't know what a typical night was. >> to me, as an investigator, 23 times is quite a few times to call somebody in just a few hours, period. i just, something is not right here. we still have not heard the true story from the one person who knows that i think knows and that's misty croslin. tonight, cnn heroes.

>> hi, i'm thea leony. i helped recognize the extraordinary work of every day people changing the extraordinak of every day people who are changing the world. as a good will ambassador for unicef, i see how clearly how much the world needs heroes. now i am thrilled to help cnn introduce one of this year's top ten honorees. >> they're really the forgotten ones in this war. >> i came to iraq as a civilian contractor. there were a lot of children that either dragged themselves on the ground or they had to be carried. there were so many people who wanted to reach out and touch the lives of these kids.

>> my name is david jake ccobs. i bring wheelchairs to children in need. i bring them and help fit them into the wheelchairs. there's no paycheck. it's not really safe here, but i have made a difference in the lives of these families. definitely the sacrifice has been worth it.

and now a look back at the stories making the headlines this week. >> the two of us have agreed to go separate ways. >> they have splitting up. >> with the family problems and everything else, it's just too much on the relationship. we can't go anywhere without being questioned or people staring at us or anything like that. >> i don't want a divorce, but that's what he wants, so, it's whatever. i'm not going to fight him. >> sources reveals cummings threatens to shoot croslin dead

if she's responsible. >> >>. >> lapd released this video to the media in hopes someone would recognize this toddler. and someone did. angela thomas says her mother called her from the south land saying she saw her grandson on tv. >> my heart dropped and i was about to cry, not because i saw him, but because of the story they were telling. >> reporter: police are desperate to find 31-year-old stephanie fisher. she was last seen with her new husband dennis mo. >> he stuck a shotgun in her mouth and said he wanted to use the biggest shells possible so she would die a three and painful death. the judge has said unless you come to some agreement,

you're going to be back here on the 26th. you're clenching your jaw, jon. >> that's because it's cold out here. >> she thinks i stole. it's gotten so ridiculous. >> i think she was being incredibly dramatic there, she only has $1,000 left and she couldn't even pay the bills that are in her purse. give me a break. she has many accounts she has said so. it sure made great tv, dcht it. >> tonight let's stop to remember navy hospital corpsman james layton, 22 years old, he lost his life giving medical help to a wounded marine. he loved traveling, heavy metal music, he leaves behind parents, nicky and brent, three brothers and two sisters. james layton, a drew american hero.

thank you to all our guests. see you tomorrow, at 8:00 p.m. sharp eastern, until then, stay safe. xxxxxxxxxxxxxe

if you thought jon and kate's marriage was ugly, wait until you see the divorce. then richard belzer, new york's favorite detective and he's a comedian too, he joins me to discuss among other things, his new book "i am not a psychic." and actress valerie bertinelli will be with us in the studio. she's fun, she's thin and she speaks her mind. all that tonight. welcome to friday.

well, i don't know about you, but i have a long week and i want it to end. lucky for all of us, our long national nightmare is also at an end, i'm talking about jon and kate. sources say the tlc show is being put on hold until the ex-couple work out their different differences. this is really crushing me. joining me to discuss this and more, is sarah bernard. danny bonaduce, actor and radio talk show host of 94.1 wysp and comedian judy gold comedian extraordinary. welcome to the show. is that show finish. >> it very well might be finished, jon has put a stop to filming. they have a couple of shows but they have already taped them. i think the reason why he's trying to stop them is because he really wants to star in a show of his own. and believe it or not, he's

teaming up with michael lohan, which is lindsay lohan's father, to do a show called "the divorced dad's club". >> that's going to be a hit, don't you think? >> do you pay attention to the story of jon and kate? >> i have paid attention to the story of jon and kate, and i find it fascinating that somebody would want to lay out their dirty laundry like that. >> i do it for a living. >> but he wants to bar the tlc cameras from filming his kids. >> when he was on the show, he didn't want to bar them from filming his kids. it's kate plus no one now. >> i did a reality show with my family at the end of which i ended up getting a divorce and they said we're going to put it on hold until these two work out their differences. so i will be dead ten years before you see that woman on television with me ever again. >> they're both kind of

problematic, let's put it that way. he's a bad guy in many ways, he's cheated on her, and he took money from her. she was a shrew on the show, so who do you like better? >> it's really hard know who to like better. but they're not going away. she's taped a pilot for a talk show already. and i believe -- what else do we know? >> are you in the pilot too? >> perhaps, a little. but you don't know what it is? >> i have no idea what it is. >> i could make an educated guess, no matter what move she's making today, they're both gone. >> you think they're a thing of the past? >> they're already a thing of the past. >> i read that jon loves jewish people now and he might be converting to judaism. >> they said the same thing about mel gibson and it just didn't work out. >> i want to turn now to the first lady of california. tmz snapped some photos of maria

shriver talking on the cell phone which has been illegal since her husband governor arnold schwarzenegger passed a last banning it last year. >> the guy passes a law and she's sitting on the phone. who's she talking to? i just think it's hilarious, it's her getting back at him for being a fake republican. >> do you think he's really a democrat? >> i think he's really a democrat. >> don't tell him that. >> i think it's completely overblown, i was caught at one of those red light cameras, talking on the phone with a drink in my hand and my mistress in the passenger seat, it's not that big a dale. the now governor of california

was caught on the camera driving a motorcycle. he was quoted in the papers saying there will be swift action at home tonight. she's younger than i am. >> by the way, she's donating the phone. so charity. >> maybe she's not going to get another phone. >> i think she needs a phone. i don't know how that's going to work. >> maybe the $70 is needed to bail out the state of california. >> she's actually donating it to m.a.d.d., mothers against drives. >> i happened to be reading one of these magazines. >> virgins into their 20s. >> old virgins. >> it says her you, tina fey, 20 -- >> we don't have to read that. >> 24 there's nothing wrong with that, is there? >> no.

>> and -- >> couldn't give it away. >> you know, she had been working for letterman, she probably would have had it done before. >> is letterman going to come up this creepy every time this topic of sex comes up? how long is this going to go on, do you think? >> i think a long time. he looks like a creepy old guy, don't you think? >> do you really think that? >> i do, i'm sorry, it's just the elephant in the middle of the room. at least he acknowledges it. >> it's a difference of opinion, i think possibly between genders because i'm saying i can't believe the creepy old guy still gets laid. he's a hero. >> he's a hero to you? is he a hero to you, sarah? >> first of all, before this whole thing, two weeks ago he was killing everybody else and he was number one. i think this is only when we get over it a little bit, it's only going to help him. cbs is definitely going to renew his contract and i don't think this is the end of letterman.

>> what's the point of having your own show if you're not sleeping with the staff? >> that is so retro. we can't even go there. >> i want a deli tray and i want to sleep with one of the producers. it's in my rider. >> i just think he's not a politician, he's a comic, that's what happens on these shows. >> gloria allred is talking about, she's saying it's about favoritism more than harassment. there's these other girls on the show and they're not getting any. >> she actually turns the screws. she's just bitter about the whole thing. >> practically every man that's discussed it on the show this week, they think it's just fine. women have issues. >> i have noticed that, women have issues. i don't have that much of an issue, but it's true, they're really pissed off at him.

>> i have had three television shows in the last three years and i have slept with a member of every single staff and i don't think any of them wouldn't say it was a pretty good time. >> this other guy, i don't know if he could have actually cashed that check for $2 million? >> i think he believed he could. that's the best part of the whole story. >> he seemed to be just in pain because his girlfriend was cheating on him and everything. >> with letterman. >> isn't this guy a respected producer of a respected news show? who walks into a bank with a check for $2 million, by the way, can i have a million back in cash, please. >> on the other hand, he's a single father. richard belzer, when we come back. thanks, everybody.

and i'm back with my fabulous panel. so let's talk about the magazine "teen vogue." they're in hot water for putting an unmarried pregnant 19-year-old on the cover. sarah, you're in the magazine industry, is somebody like really losing it over there? >> probably. but i have to say i sympathize with "teen vogue" in this situation. they booked this model. she actually was the first african-american model to walk the prada runway since naomi campbell. it ended up that after this photo shoot they found out that she was actually pregnant, she's due in december. that was a tricky situation, because if they actually had

canceled it, they would have also gotten a lot of coverage due to the fact that they canned this pregnant unwed mom. >> due to the stretch marks. >> she's 19 years old, and that's not as young as jamie lynn spears who starred in a nickelodeon show. >> she's in two protected classes, three, she's an african-american, pregnant, woman. it depends on how you look at those things, if you're rush limbaugh, you're screaming that the liberal democrats, the decline of western civilization. if you're like i am, the father of a teenaged daughter, you don't mind showing them that, look, you really do end up pregnant, you should be careful. >> it's okay to end up pregnant if you're unfair.

-- married. >> or that you're beautiful. >> their reader ship is not 19, their readership is 14, 15. but it's gotten the conversation going, so that might be okay. >> is it okay to be pregnant and not married? am i behind the times? >> it is. >> if you're republican and your mother -- >> there's a new study that it's pretty much jumped about 30% since the '70s, unmarried, pregnant women. it's not necessarily the greatest thing financially. >> i don't think it's immoral, it's impractical. >> it's impact kl, but a lot of women just want to have their baby. it's evolution. >> i think it's annoying. >> i know. you know now. you warned me, joy. you were right. >> and you're a lesbian, you didn't even have to do it. >> i went way out of my way, oh, god. >> let's go to another story, across the atlantic, "french

vogue" is in hot water. they did a photo of mara stone in black face. >> black face is coming up. i asked the makeup people to do black face on me but they didn't have enough time? what is the point, it's black face with white lips, isn't it? >> it's very insulting to black americans. >> if it is not insulting to african-americans, then everybody owes ted dancin a huge apology. >> it's never been okay, but in those days they were giving it away because they were that dumb. it's really inexcusable today. >> the first event will cover you unless you're trying to incite insurrection, i think

they were trying to incite an erection. >> when a turkish news reporter was in black face while he was reporting on obama. >> and there was actually mad men, one of the characters was in black face. but that was in the context of the time and trying to point out that that was offensive and wrong. i think what's bizarre about this "french vogue" is that what's the point? is it supposed to be funny or dumb? >> they want us to be talking about it and here we are. >> one more story, the obama administration is in the middle of a heated fuse with fox news, predictably glenn beck brought the feud to a whole new and ridiculous level, listen to this. >> when they're done with fox, and you decide to speak out on something. the old "first they came for the jews, and i wasn't jewish" when they're done with fox and talk radio, do you really think they're going to leave you alone

if you want to ask a tough question? >> okay, before we discuss this, can i just point out that calling the president a racist isn't a tough question. it's not even a question, you idiot, it's a declarative. okay, i'm back with my panel. >> he's a mental patient, this guy. he's out of his mind. >> isn't he trivializing the holocaust a little bit? >> you don't want to be involved. >> i don't need to be involved with glenn beck. >> we always get wrapped into everything, i'm sick of it. >> it shouldn't be taken that lightly, he says when they're done with fox news, and he compares it with the holocaust, the holocaust is just a word. 6 million people were gassed to death, how dare he say that? >> let's just try to see what the point is, at least. let's forget about the jewish part. >> he can say whatever he wants

about whomever and there's no sensorship, but the minute someone says something in retaliation, then he brings up the holocaust. >> then he's a victim. >> he is a victim. >> but he's rooting for the first amendment in a certain way. >> but i think he blurs that line because it's after a while you blur the line between the news and entertainment and there are a few things, in a big recession, there are only a few things that are recession proof in my opinion, drugs, prostitution and entertainment and i'm for all three. you know? >> i think what's interesting is what is the white house going to do about this? the more attention they pay, the more ratings he gets. so it's a tricky situation that they're in. >> is he a ratings idol for you? >> he is an idol of mine because he is in recovery for alcoholism because the second he started talking and i have been in recovery for years, i immediately started drinking again. i need to thank him for that. >> do you see a trend?

rush limbaugh oxycontin. glenn beck alcoholic, danny bonaduce, alcoholic. george w. bush ex-alcohol. >> isn't he literally on the wagon? i jumped off. >> when you're an alcoholic or a drug addict and you quit, you really do have that addictive personality. where did you put your addiction, what are you addicted to now? talking on the radio? >> insent sent talking. >> and glenn beck's addiction may be getting more and more pub publicity. >> why do they align themselves with zealots like glenn bek and rush limbaugh. >> the republicans. >> they don't say anything. because they know they have a base. just like sarah palin, they knew she was dumb, but she has a tremendous base in the republican party.

>> i think that is exactly the right analogy, they handled her so well because they didn't attack her as much as they could because they knew it was just going to add fuel to the fire. if they keep attacking him, he's just going to gain and they're going to lose. >> i thought it was interesting that rush limbaugh who was such a conservative of course took so much oxycontin that he went deaf, but that's just god blessing him so he doesn't have to hear his show. >> that's funny, danny, you ought to be a comedian. thanks all of you, did you have fun? thanks to my entire panel, stephen baldwin joins me next. don't go away. what a night.

my next guest is from hollywood royalty. and he and his family play a big role in the breast cancer fight through the carol m. baldwin breast cancer research fund. joining me is actor stephen baldwin. welcome to the show. >> thank you. >> if you're hollywood royalty, before we get to the cancer conversation, who's the king of the family, alec? come on. >> without question. i just got to ask the question, if i ever seriously needed a large a lot of money, who would i go to? i said, alec, he's got the most and it would probably be bail money and it would be at least

$5 million so i would have to right to alec. >> now your family is very close, we're talking about your mother's illness, though she survived breast cancer? >> survivor. >> it must have been difficult for all those boys to have a mother with cancer. >> it was a year before my wedding and i had been married for 19 years and in typical baldwin fashion, she didn't want to ruin the wedding. but it was pretty far along, she eventually had a double mastectomy and has been a tremendous crusader ever since. >> when was the carolyn baldwin fund started? >> ten years ago? >> what's your part in the organization? >> there's two chapters, there's an upstate organization and a

long island organization. we do a lot of events and black tie galas and they have a motorcycle ride that mom puts on the old pink helmet and rides in a side car of a harley davidson. >> a whacky group, but they're fun. do you get along with them all? >> yep. >> do you get along politically? >> we were hanging out a few months back. he said who would have ever thought. i said what, little stephen, born again, skeftd and a republican. i said i'm an independent. he said we all know you're a republican sympathizer. >> and you're a born again christian too, correct? >> correct. >> do you think that god has helped your mother to get better? >> yes. >> i think god is sovereign and downtown doesn't allow for things to happen. so if she's still here, i would say it's his will.

>> i don't understand that when people say that, there's a lot of bad things to happen, so does he allow the bad to happen? >> god allows to devil to do what he does. >> the devil? >> yes. >> what does he look like? >> do you have any children? >> yes. >> did you ever discipline them? >> no, she never needed it. >> you asked me before the program if i was scared of you, when you do that, i get scared of you. >> what do you get scared of? >> you're quite ferocious. >> alec is not afraid of me. >> alec is alec. >> in fact i wish he would come on the show more often. >> has he not been on yet? >> he hasn't been on this show. he was on with me on larry king. and he'll be on with you if you wa want him to. >> he'll talk about how we love each other and how much fun we

have. >> i'm really a very nice person, i just have questions that i ask all the time. ddd

you probably know my next guest as detective munch, the longest running character on prime time. what you may not know is that the actor richard belzer is also a comic and an author. his latest work is called "i am not a psychic." >> i hope people knew i was a comic, maybe not an author. >> time marches on. >> i'm 83 now. >> let's talk about those days. do you miss them? >> you know what? i remember when i first started

out, you know in the comedy clubs, the improv, esleeping on the subway, eating yogurt because it was only 50 cents. that was the only thing i was doing at that point. even though i was cynical and bitter and all that, i still had this sense of magic and romanticism about it? >> about come citdy? >> you asked me about the early days. >> you had a fantasy about how great it would be. >> just being in a nightclub and it's filling up and the bands playing and there's smoke in the air. that's to me, was what i wanted to be, i wanted to be in that world. >> i have had a few comedians on the show already. some of us had difficult childhoods, mine was pretty good. larry said the childhood was fine, it was the adult hood that

was bad. >> people say comics have suffered, and you're a good example. you weren't abused as a kid. >> i was adored, that was my issue. >> you were incredibly fine and you were able to do that. my feeling is this, whether i was abused or not and i was whacked around as a kid, a little bit more than average. but i was funny anyway. and maybe the pain and all that stuff brought it out more. you don't become brilliantly funny because somebody abused you, it has to be indigenous to your being. if i wasn't funny, i may have found another way to defend myself. >> there's a new study that came out a couple of weeks ago that says that kids that are spanked have a lower iq. >> and many other things about spankings. i saw this book years ago, i wish i could remember the name of it. someone went around to visit people who hid jews during the war. >> yeah. >> in different countries. people who hid jews, they went and they interviewed them and

they found that two or three similarities between them. the first one was, none of them thought of themselves as heroes. >> right. >> you know, it's another person. and some of them were really emperilled their lives and families and hid jews. the other thing was virtually every single person who hid jews was not hit as a child. >> they were not hit? >> which means they weren't afraid. >> that's interesting. >> isn't that fascinating? because if you're hit as a kid, it's wired into your head, your brain, even as an adult that you're going to get hit. i mean i have had problems for years sleeping at night because i'm -- you know, i'm 105 years old. but i mean up until i don't want to say recently, i had trouble sleeping because on some level i thought she's going to come in any minute and beat the [ bleep ] out of me. >> the mother hit you, not your

father. my father, begrudgingly hit me. she would say go beat him. >> the comedy might have been a way of survival. even in school i used to be funny in class because the teachers would scare me. >> and you were bored. >> and i was bored a lot so i would start trouble and talk to people and start little talk conversations, which they pay me now to do. the same thing i was do then. >> now i get paid for what i got thrown out of school for. >> you're a big conspiracy theory person, right? >> yes. >> hillary clinton brought up the big vast right wing conspiracy that has been conspiring against my husband since the day he was announced as president. but today bill clinton said it's still alive. he said it's not as strong as it was. because america's changed

demographically but it's as veer lent as it was. is there a right wing conspiracy in this country? >> it's common knowledge that think tanks and publ punishers n the right, they'll public books that say bill and hillary killed vincent foster. they'll get in bed so to peek with the religious right and demonize the left. from day one they hated clinton and they tried everything they could do to destroy him. if it's a conspiracy, it's an open conspiracy. >> do you believe there's a conspiracy against obama now. >> it's not a conspiracy, it's on television every day. this is semantics. the right wing has a common interest, which is to destroy obama and put their party before their country. that's what they have chosen to do. and i think the cat's out of the bag now, we see, you know, they're cheering, we don't get the olympics and demeaning the nobel prize. >> right, which is so un-american. >> and questioning where he was

born. and if every single republican in the senate does not vote for health care reform, then, you know, it's like they shouldn't exist as a political party. it's the most callous, heartless, mean political expediency playing on the worst fears of the elderly and the poor. they're the most despicable pieces of human trash ever. >> do you think the american electorate is catching on to that or not. >> no, american people always have been and always will be moderate to left, not moderate to right as people like to believe. ever since the '60s, would you pay a little bit more for clean air, a little bit more for health care, yes? what are you going to do give the firemen a bill? is that a socialist fire department? you're not going to go to a public park, highways, this whole thing of socialism which was a good thing. that's why hitler named his party socialism because the connotation is that everybody shares in the success of a

nation. >> not everybody, not the jews in his case. >> i mean he used socialism. >> yes, i know. >> i'm not saying the way he used it, i'm saying the way it was known but he used it, it was an all inclusive thing. and in france you have twoessoc democracy, but you also fake care of the disenfranchised. >> what about the racism question on obama. you said i'm concerned there's still serious issues of race -- we need to better address and be brutally honest about. people do skirt the racist issue, i think, quite a bit. they like to think it's not still a racist country, but in a way, it is, isn't it? >> in a big way it is, they're still red lining in banks, you still see health problems among the blacks and hispanics and

poor people that people of means don't have the same health problems. we put pollution next to poor neighborhoods, there's so much dp discrimination that's put into the fabric of the nation. and there's 400 million people that voted for president obama. >> will it hold, do you think, that's what i worry about. his approval rating weren't down. >> that's because he's president, not because he's black. i think the fact that he became president will -- first of all i think every black skid in ameria is one inch taller now. for that alone it's a great thing. i think symbolically is a great thing, what he represents. >> bush did so many wrong things, that it's nice to take a break to too much negative action.

>> i agree, roosevelt was fighting a war and rebuilding the country and doing 50 million things. you can either do the war or the economy. you can do both. he has a team of rivals that argue with him. >> i have to go, richard, the book is called "i am not a psychic" and it's in stories now. the beautiful valerie bertinelli stops by. stay right there.

earlier this week the beautiful and talented valerie bertinelli stopped by to discuss her new book "finding it" and my question is what did you find? >> i'm still finding it. >> what's it? >> exactly. that whole weird thing about maintenance and finding what caused me to put the weight on, what i'm going to find to help me keep it off, just finding it in my weird, bizarre life which isn't probably so weird because i think a lot of people have the same stories going on in their lives. >> also you talk about your marriage to eddie van hallen who was a great rock star and a cute guy. how long were you married? >> i think we were married for 20 years, but we were separated for some of it. i have known him for almost 30 years. >> i can't believe that it was that long. >> well, august of 1980 we met. >> time goes by so fast. it was just yesterday monica lewinsky was just a little girl under the desk.

>> i just want to know why she didn't clean the frickin' dress, are you disgusting or what? clean the dress. i send my clothes in to be cleaned if they get dirty. >> because she's looney tunes. >> disgusting. >> there's a little discussion about extramarital affairs, which is usually why people break up. what happened there? >> i think by the time you start having affairs, something is obviously quite broken in the marriage. obviously something was quite broken in our marriage early on, but we kept up the good fight and we didn't quite make it? >> who was cheating on who? >> do you have to know, when, where, why? we have a little thing going, i think he did first and he thinks i did first. but we don't know the timing. >> it's the thing about why we

eat. people stray in an emotional relationship for one reason or another. >> people usually don't know why. >> or you're just a horny dog. i want to refer you to governor spitzer or some of these other dogs we keep reading about. they're out there just hounding it out. with him it seems like -- >> we hound it up once in a while too. >> but we usually have a reason. >> so we're given a get out of jail free card? no, no, no. >> you think women cheat in the same way that men cheat? >> i think cheating is cheating and it's wrong, period. i can speak from experience of having been cheated on and cheating. i think it feels worse for me to have cheated on, because that feeling, of the pain that i inflicted on somebody, i don't ever want to do it again. the good thing is that i'm in a relationship that i know i never want to hurt that man ever like that. >> so you have learned your

lesson? >> mon ogamy is in my life. and if i feel that i don't want to be faithful to this guy -- was i'm not going to be. i'm not going to go there. what time is this show on? oh, my god, my parents are watching this. i'm sorry, pop, i love you. hi mom. i'm still a virgin, right? >> you're like a virgin. let's put it that way. >> i had a child 18 years ago. >> what was i saying about extramarital affairs? >> the thing about monogamy when you other younger is that it's boring. >> it depends who you're being monogamous with. >> you're still finding it. >> yes, whatever that it may be. >> that's the real reason. >> that's why i think getting married at 20 was really stupid.

and i don't suggest anybody do that. more mature love that i'm going through right now, i'm with my buddy, i really -- i enjoy his company, he's my best friend, i don't want to hurt him. >> first of all you named your son wolfgang -- >> william van halen. you really named him after motzart. >> i loved the movie amedeaus. and trying to come up with a name that goes with van halen. his father's name is jan, which is spelled j-a-n. >> what about tom van halen.

>> what about sabatore. >> i think wolfgang really determines that the kid had to be in the business with your husband, though. >> yes, he got his dad's gift, he's very lucky that he got his dad's gift and not mine. >> what instrument does he play? >> he started on the drums when he was 9 and then he picked up the guitar when he was 12 or 11 and his dad asked him to start playing the base so he started playing the bass. >> he's talented? >> and he's got a beautiful singing voice. there's my boy. >> he's very cute. >> and he is now teaching himself the pooh. and he kicks ass in rock band. >> does he sing too? >> yeah, he sings very -- >> and what was this whole thing about him being a virgin? you think he's a virgin. >> you want to talk about that? i just got a text from my son, we're watching the view now.

i said, oh, are you still speaking to me? >> you were teasing about it. >> he's 18 years old. >> he's 18 years old so he's a virgin, right? >> but that's none of your business, is it? >> it's none of my business. i don't want to talk about it. >> is it in the book. >> i talk about the sex talk that ed had with wolfie. i was listening in the dressing room. if you have ever met my ex-husband, he has this gravelly voice, all of a sudden he's in the mafia. he just has this gravelly voice, he's saying be careful with what you do with your heart, but once you fall in love, don't protect it so much that you don't let anybody in, and treat her with kindness. and i thought that's what i would say. and he said be careful of the

whores and skan ks that are going to be after you because you're in a rock band. >> so you're happy with the way he spoke to your son? >> iwhat, i may joke around but he's a real good dad. >> you are friends with eddie now? you are friends. >> we're friendly. i don't know if i would call him my friend or buddy the way that tom is my buddy, but i like him again, and i fell out of like with him for a long time. i've always loved him and i like him again, i like his new wife. they're good people. >> he got married again too. >> i was at the wedding. >> oh that's so nice. >> so was tom. tom was with me. >> once you have a child you never separate 100% from your husband. >> no. >> it's impossible. >> i sow must treat each other with kind ofness and love your children more than you hate your ex. >> oop not letting you go yet. this woman isn't going anywhere. more with valerie bertinelli when i return.

valerie bertinelli and her boyfriend tom are sitting across from me. welcome to the show, tom. >> thank you. >> we've dragged you in here from the greeting room. now, you two are an item for now how long? >> five years. >> so dating for five years. there are wedding plans. i know me too for 27 years. >> i love that you're my spousal equivalent, honey. i don't want do the seating chart. >> you don't want to get married. >> i don't want to do the seating chart.

everyone gets mad at you because nobody wants to sit at table 17 i don't know why. >> how about you, tom? >> i don't know she hasn't asked me yet. >> if she asked you, would you say yes. >> i don't know, i might. >> when dutwo meet. >> at my broter's house in scottsdale, arizona. my brother patrick and his wife stacy. we were going to a wine event and i keep my wine, my -- in the freezer especially in scottsdale when it's hot as all get out? >> suck on ice cubes. >> no you get it out before it gets too cold. he was in front freezer and i saw this guy in a tuxthat was -- looked like that and i was like, oh, baby. >> it was a black-tie event, we had a good time. >> i said, oh, hello. i'm valerie, and you are? >> and he's like, tom. >> so what did you think about a big star like her coming onto you tom. >> it was difficult. i had to get used to it.

>> did you -- >> i just plowed her with champagne. >> he did. >> to be honyoift. >> at the event, he kept -- every time my champagne would go down to here i would have another one in the hand. i was like what the -- that was before jenny craig. >> he met you and fell in love you before -- i love that. >> he's a keeper. >> that's a keep sir. >> was big too i was 220. >> he's lost a lot on the program. >> they criticize the women. >> do you remember how big your belly was, look it's not big anymore. >> the old bones -- >> they don't have anymore. >> i know. >> that's good. >> it's really something. >> we have a couple e-mails for you. >> what? >> questions for you. >> all right. >> from e-mail. >> sure. >> there was a question from -- >> you can read that without glasses? how old you are? >> i'm older than you, believe me. >> how come your eyes are. >> check with "people" magazine, they print it every month. that is. >> but if they didn't put your birthday wouldn't you be offended?

>> no, why? they do, like, glassy 12. i mean, they're ridiculous. >> which lassie? >> i know, so this woman, janice. >> italian name. >> right. she writes i'm on a very low calorie program now. you are still on jenny craig? >> yes, i'm still on jenny craig and this is the whole thing. she has to turn her head around because if it's a super low ago, i don't know how much weight she has to lose but maybe she's on too low of a program but in jenny as you start to incorporate other need your program and get into a maintenance program with you up your calorie point but don't up it to a point to go back to your bad behavior. no, i still eat it. >> but not 100%? >> no. >> okay. well that was -- >> sometimes i do eat it 100%. i will just do jenny and my two snacks all day. >> valerie, i just love you. i think you're adorable. you're my kind of girl. >> yes, you're my kind of gal.

>> you too, tomp a wonderful coup pem i love it. thanks to valerie, tom, and all of my guests tonight. and thank you for watching. good night, everybody.

breaking news tonight in the case of a 5-year-old florida girl reportedly snatched from her own bed in the middle of the night. little haleigh cummings vanishing without a trace. major developments as we go to air. are the how was cards finally falling down around her? a florida judge signs off on the divorce of haley's dad. and the last person to see the little girl alive. ronald cummings and misty croslin's brief seven-month marriage is officially over. with the divorce final will cummings finally break his silence about the holes in misty's story.

the mother bonds out of a florida jail on forgery charges. what did she tell investigators about haleigh's disappearance. >> just a divorce. i mean, i don't want a divorce, but that's what he wants so it's whatever. >> the last person to see haleigh alive is also the last person to finally sign divorce papers. will it boost the investigation into what happened to 5-year-old haleigh? >> the whole relationship right from the very beginning has been tumultuous from the time the police report was taken so maybe now that ronald's not there to protect her, if you will, maybe show up. but instead going to the morning show with cbs, she should have been going to the putnam county sheriffs talking about where haleigh is. >> now that misty croslin's mom

is transferred out of a tennessee jail, will she be questioned by the police? >> you have mom that's in jail and she's gite $100,000 bond, and i clearly think, that hey will approach her and say, okay, do you want to get out of jail. you need to tell us something. >> i think what we are dealing with mist and her mom are pretty shallow people who don't really think much before they speak and they pretty much blurt out anything that comes to mind. they are focused on each other. nobody seems to be focused on the little girl. >> as over 4,000 tips continue to pour in, including possible haleigh sightings caught on video. >> we would love to have a break in this case and we really wouldn't care who is implicates as long as it brings haleigh back to us. >> this is such a travesty and such a circus that i'm waiting for the acrobats to come in. it's one ridiculous story on top of another. it's ludicrous. what about haleigh, isn't she supposed to be the focus? >> good evening, i'm mike brooks

in for nancy grace. are the house of cards finally falling down? a florida judge signs off on the divorce of haleigh's dad and the last person to see the little girl alive. will ronald cummings finally break his silbents holes in misty's story? >> ronald, do you feel that misty is a key to this investigation? >> no, i don't. i think that they're barking up the wrong tree. >> i don't believe you. i think you do suspect your ex-wife, soon-to-be ex-wife's story. i think i don't want to discuss it in the midst of a divorce. >> reporter: so are you saying that you didn't fail the pole graph like people and law enforcement are kind of claiming that you did? >> no, i did not. >> reporter: okay, so bottom line you don't know where haleigh is? >> bottom line. >> misty is digging herself into a deeper hole, to the point where her attorney has now dropped her. >> if this girl keeps doing what she's doing it's only a question of time before she's charged with something having do with

this kid's disappearance. she just repeatedly, repeatedly contradicts herself. >> she was the last one to see our daughter and her stories just don't add up. everything she says is crazy. >> tips flooding in from across the nation. possible haleigh sightings caught on tape, this as misty croslin's mom transferred out of a tennessee jail. will she be questioned by florida police? >> something's going on and mom may just have this heartfelt sympathy for this poor child that's now disappeared. >> this family is willing to betray each other by something like a get-out-of-jail free card. this family is willing to betray what's it say about her and who she's willing to betray? is she betraying ron or haleigh? >> i'm mike brooks in for nancy grace. well, the bottom line is here, folks, it's been a seven-month marriage between ronald and misty. but the question remains, where is that little, beautiful baby

girl haleigh? i want to go out to nancy grace producer marlaina schiavo who has been on this case from the very beginning. mar lane awhat's the very latest that's going on in satsuma, florida, right now? >> reporter: well, mike, the divorce between misty an ronald is finalized and what does this mean? well, it means a few things. will ronald finally come clean and tell us what he really feels about what misty's been saying all along? will he admit the doubts that he has about misty? but also, mike, we learned today, right before we go to air that misty is now being represented, again, by her attorney. >> now wait a minute. this is the same guy that she just dropped after her appearance on one of the morning shows, and he says, hey, i don't want you anymore. you're on your own because you won't do what i tell you to do. same guy? >> same guy. he sent an e-mail today to ronald's attorney saying he does not want ronald speaking to

misty without the attorneys involved. all communication now has to go through the lawyers. >> hm, that's very anding. joininguts tonight is brandon beardsley. mr. beardsly, thank you for being with us. >> it's my pleasure, sir. >> what is this memo? >> it wasn't really a memo. he just -- you know, we communicate through e-mail it's a lot easier and he sent me an e-mail and requested that all communication between ronald and misty be cut off and that everything needs to go through them. >> what does ronald think of this? >> ronald's fine with it. if that's what her attorney wantancy if what mistients he has no problem with it. they're divorced. their marriage is over. it's fine with him. >> now, you know, they had been talking all, up until now, from what we understand and things very fairly amicable, even though there are irreconcilable differences in this looking at the certificate of marriage. but has ronald told you what he really thinks misty is holding out?

>> he's never come out -- first of all you've got to understand, if ronald knew anything or had anything she told him, he would 100% go tell authorities. has he ever came out and told me that he thinks she's hiding something, hings that there is disclosures she's not made to the police department, the sheriff's department of putnam county, no, he's not come out and said that. but i truly believe that he has concerns. you can see her inconsistencies you always see her on the news and everyone pointing out her inconsistenties p it's almost impossible to not question if she's telling the truth. >> they were together not very long. how long totally have they known each other? >> to be honest, i don't know the answer to that. >> from what i understand, it wasn't that long before haleigh disappeared that they actually started dating and after she disappeared they got married and seven months later, they're divorced. so we were calling her misty

croslin, misty croslin-cummings and seven months she should shouldn't have too hard to -- and got her name back, petition for misty croslin. mr. beardsley, what is ronald's state of mind right now? >> ronald's state of mind is the way it always has. his main concern is finding his daughter. he don't care who it implicates, who's responsible. his goal is to find his daughter. his state of mind is, i think he's more relieved now from the day-to-day pressures of being with misty and the media hype that surrounded their marriage and their relationship. i think he's a little more calm and relaxed. he's still very anxious and wants to find his daughter. >> in the marital settlement agreement, it says, in one the lines, in consequence of disputes and irreconcilable

differences that the partnerships intend to separate or live apart. >> correct. >> now, they are divorced. what were the main disputes they were having? >> first of all, that's standard agreement that i have used in any draft. >> there were disputes, correct? >> every married couple has disputes. their main falling out, i guess you could say -- they needed to go their separate ways because of all ofs pressures that they receive day to day. ronald, in my opinion, he does question if she had anything to do with it. now, you know, keep your friends close, your enemy's closer. >> i think that's a quote from ronald, as a matter of fact. >> yeah, and i don't know if he stayed with her hoping if she stayed anything or slipped that she dold it around the person that she's around every day, he's never said that but common sense would tell you that that's an option. >> yeah. i want to go out to art harris, investigative journalist and he

has the website, artharris.com. art, thanks for joining us. >> sure, mike. >> you have spent a lot of time down there and talked to a lot of folks in satsuma and done a lot of your own investigating yourself. what is the pulse right now down in satsuma surrounding this case and the search for haleigh right now, that you in your opinion? >> well, there's a collective sigh of relief, mike that this tension, this flashpoint between misty and ronald is not what it was. misty is off with friends in an undisclosed location. and she's isolated. but i'm told that she has reached out to her family. and there may be a reconciliation, mike. i understand, there may be -- something in the works where she may be willing to drop her objection to tommy being in touch with her, if she removed and drops that permanent restraining order, then she could go back to her family or he could have the leave. house. >> why does she have a restraining order against her brother?

>> there was violence with ronald. he would come home from the father/mother to, quote rescue her. she changes her mind. a fight ensues. she gets punched, accidentally and files the papers for a restraining order against her brother, tommy. so, anyways -- >> tommy was in jail. i'm going to go to elie jostad, producer of "nancy grace." tommy was in jail? >> yes. >> for what? >> tommy croslin and lisa were involved in the same incident. they apparently went over to a neighbor's house. they went over to his house to use his phone. while they were there, lisa croslin, the mother, allegedly stole checks from the neighbor. and the brother, tommy, allegedly took a gun from him. >> so, he took a gun. they stole some checks. she wrote some bad paper of this -- of this old guy. and then she runs to tennessee, gets locked up in tennessee. gets a warrant against her. now she's back in florida. what will --

come back, we're going to talk about what tommy told police and did misty's mom talk to police and what did she tell them?

ronald cummings, did it ever disturb you that misty cummings' story actually changed? >> yes, ma'am, it did. >> this couple had been in the media spotlight for months. they can't go to the grocery store together. they can't go out to the

supermarket and eat. anytime they go out they get scrutinized. i don't know of any married couple that their marriage could last. >> no offense, you have a wonderful reputation, but nobody gets divorced because somebody looks at them in the check out line. i'm not buying that for a minute what i am buying is you guys don't want to tell me why the divorce or if cummings wants to admit he does not believe croslin's story, that's his business. >> i can't really recall the exact changes and they're real small. she pretty much tells meet same thing each time i ask her about it. so there might be a difference in the way that it's worded. >> there's a lot of tension. it's very tough for -- strain on a relationship when there is something that you think maybe needs to be told and you're not getting that information. you know it puts a very big strain on the relationship. >> i'm mike brooks in for nancy grace. right before we went to break we

were talking about misty. this dysfunctional family, to say the least. misty, her brother tommy, her mother who tommy and the mother went over to the neighbor's house to use the phone. and took a gun. took some checks. momma got locked up. she got transferred to a prison down in florida. she just bonded out. and now, misty's going to reconcile with her brother, tommy. isn't that just a heartfelt story? but here's what misty had to say about tommy. take a listen. >> the last time you had seen her before then was when? >> 10:00 when i laid down for bed. >> you had put her to bed? >> uh-huh, she went to bed at 8:00. >> but your brother told police that when he went to the trailer that night when you were supposedly putting haleigh to bed you weren't there. dugo somewhere that night? >> no, i did not. >> why did he tell the police you weren't there? >> trying to get out of jail, i think. >> so your brother was in jail?

>> yeah, he was in jail. >> your own brother would betray you like that? >> that's how my family is. >> that's misty croslin on cbs's "the early show." boy, does she look different. it looks like she had a little bit of a makeover. maybe some mine a salon. we will see if this little reconciliation between the family really comes to fruition. okay, i want to go back out to art harris. art, now we see misty and she's -- looks a lot different than we see her right here. now tell -- there is this whole little undercover sting operation that tim miller in equusearch had -- and because we had heard about misty running off to orlando twice with this mystery friend. we find out this mystery friend is actually a woman by the name of donna brock, who is working for tim miller. >> that's right, mike. this is someone who she met when she was down there taking the polygraph that she quote flunked

miserably, according to tim miller. and came up with the idea that, because they bonded and she offered, hey, misty, you know, give me a call. do you want to go to the mall, i will take you to get your hair done, nails done and suddenly out of blue, misty calls her. so she calls tim miller and says, tim, what do i do? tim says, this could be an opportunity to find out what happened to haleigh. >> but, art, how did he -- how did she inject -- how did donna inject herself into this whole equation? >> mike, she was part of the texas equusearch crowd that was baby-sitting misty when she went to orlando to take the polygraph. and for some reason they hit it off. she was -- she's a 43-year-old mother of four. has kind of an aura of caulkness to her. misty saw her as the, quote, mother she never had. that's what tim tells me, and suddenly they were bonded. >> okay, so she knew that this woman donna brock actually did work for tim miller? >> she did, but you know, just assume that because they were

going out together and she could call her anytime and spend time with her, she took her out of town, spent money on her, and she told her a lot of very personal thing. donna there was every time misty talked to ronald on the phone that week and we reported they were fighting tooth and nail. and misty got the news as we reported it on "nancy grace." she watched the show every time, i'm told. and was infuriated. >> joining us from florida, i want to go straight out to mark. attorney for tim miller texas, equusearch. good to have you with us again. >> nice to be back, thank you. >> did tim kind of run this plan, this undercover you know, operation of misty, if you will. by you. before to put money into this. >> no, really two parts to it. the first time misty wanted to take a polygraph so we arranged it in my offices and she did fail miserably. later when i think the --

i love her like she's my own and i'll do going to get her back. >> being married it can be stressful and there could be challenges. and on top of that, everything that they went through during their marriage, i think it would be virtually impossible for any couple to survive that. >> ms. neves, i don't mean to grill you but it just doesn't all fit together. >> to me it's a very dysfunctional family and that's the best way that i can describe that. >> if they could look for the right person they would have the answers but they're trying to

get all of the answers from me that i don't have. >> i'm mike brooks in for nancy grace. well, you heard ronald's mother teresa neves saying a dysfunctional family i think that's putting it mildly. but keep in mind teresa neves' always been behind the story that misty's saying and believe she was telling the truth. we'll see if she really believes that anymore. out to mark nejame, attorney for tim miller, texas equusearch. mark, you was getting into -- telling us about the operation misty before we went to break. >> right. >> so he did run this by you before he went ahead and did this? >> well, no. what happened is that misty wanted to take a polygraph. >> okay. >> teresa contacted me and i told her that i would only assist if we had led to finding out whatever happened to the child so she agreed. so we were -- whether that led to misty or to anybody on the face of the earth, too bad. we were looking for the child.

and we then got some new national publicity brought -- some new attention brought to the case. they came in. misty agreed to take a polygraph. told us she didn't have an attorney. it was scheduled in my offices. we found the top polygraphers that we could in the central florida area. and i left for the evening. she failed miserably. and then from there, as your previous individual had indicated that was pretty much correct. tim went on his own and set it up because at that point misty started coming out saying, tim was a liar. i was a liar. nothing to lie about she failed the polygraph. >> exactly. straight out to our attorney, sue moss. and noted defense attorney elizabeth kelly from new york. sue, anything -- anything that she told donna brock, can it be used in court. >> oh, absolutely. just ask joran van der sloot. not a big shock that they got divorced. only helen keller saw this coming.

they didn't evennent on trailer where they would reside. an easy case, the divorce and now we can get back to looking for this little girl. >> dan do you have any issues with it? i don't. >> i do. tim miller has no credibility. i heard what he said about marc klaas, that childish outrage that he unleashed and how does he believe that anyone in his camper associated with him? they are all media hounds and he has no credibility.

i did take a polygraph. >> and you passed it? >> i mean, my understanding is that i passed it. >> i pulled up into the yard. the front door was wide open. she was standing in it. i asked her what she was doing up? she told meet back door was wide open and that haleigh was gone. >> misty's brother was taken from his jail cell to be questioned by police. that's when deputies say croslin's brother told them it looked like no one was home that night. >> he tells police that he banged on the door. and he got no answer.

he looked inside through the windows, saw no lights, no television. did not hear a sound. >> this statement by tommy croslin, to me, is -- doesn't hold any water. >> why? >> i'm sorry, but, why wait seven months? why say, you know, if he went down there, my personal opinion if i went there and knocked and everything was off i would think they were sleeping. >> she says she woke up and she noticed -- she was going to go to the bathroom but she noticed that the kitchen light was on and she said she made it around the corner and she noticed that the back door was open and that's when she ran back to the bedroom and haleigh wasn't in there. >> i'm mike brooks in for nancy grace. did tom croslin really go over to the trailer that night and pound on the door? didn't hear the tv or see anybody?

we're not talking about a mansion here, folks. we're talking about a trailer -- he probably would have heard something standing outside if the tv was on like misty says it was. i want to go back out to marlaina schiavo. she's been in that trailer, she's been down there since the very beginning. marlaina, has law enforcement talked about giving tommy a polygraph, possibly, to see if he really was being forthcoming? >> you know that's interesting, mike. they haven't talked about giving him a polygraph at all. you know they took his statement. they put out there. and that was that. i'm not saying that they won't be doing it in the future but you know, law enforcement hasn't exactly been forthcoming with, you know, many details of this investigation. >> yeah. >> so who knows, it might, in the works. but, no, they haven't said it publicly. >> yeah, as an investigator, i would -- i would want to get them on the box, myself. and you know what, i don't blame him. as a former investigator i wouldn't be telling everybody anything either. i would be holding things close to my vest and as you make --

get your leads and go and do your investigation, do your interviews and that's how you build your case and make somebody a good cake for going to trial. i want to go back to tim miller, talking about tim miller. we heard dan horowitz, our defense attorney said that he thought that tim's credibility was shot. i want to go back out to our attorneys. elizabeth kelly, defense attorney from new york. do you agree with dan that tim miller, who orchestrated this operation misty, as i call it, do you think that he's lost his credibility because of this. >> well, you know, mike, i feel as if i'm hearing all about linda tripp all over again. i'd like to stick up for misty in large part because no one else is. first of all, i don't read anything into the divorce between her and mr. cummings. these are two very young people who made a hasty decision to get married during a very emotionally rot time if their lives. >> elizabeth, you know what,

instead of getting married you know they should had been focusing their attention on finding the little girl. i think it distract a lot of attention away. i want to go back out to art harris, investigative journalist, artharris delegate. art, you were down there and you talked to tim miller about all of this. now, let's talk a little bit about what tim miller told you about ronald cummings and his state of mind. >> yeah, mike, he was very concerned. because after the polygraph, he went over to the trailer with ronald and says that ronald went in to the closet, pulled out an assault rifle with two banana clips -- >> whoa, whoa. >> 32 rounds. >> what kind of assault rifle did he have. >> you know he didn't make the makep i am assuming something like an ar-15 semiautomatic. two clips and he said, i'm going to blow her teeth through the back of my head and kill others and take others houtwith me if it turns out she had anything to do with this, mike. he was really worried. he'd seen cases that were loss

wht witnesses had been killed, had died. he wanted to get misty out of there, he told me. and that is why he used donna brock as a vehicle to keep her away from ronald. that was his motivation according to tim miller. >> i want to go back out to brandon beardsley, the attorney for ronald cummings, joining us from jacksonville, florida. mr. beardsley -- >> yes, sir. >> -- does he in fact have a weapon in his house? >> he does not have an assault rifle. that statement is absolutely ludicrous. you know, no, he does not have an assault rifle. does he have a pistol, i believe he does. i don't know, i have never searched his house. but i know he doesn't have an assault rifle. >> have you talked to him about this? >> yes. >> you have? >> yes, sir. >> and have you been out to his house and asked him -- >> i have not been to where haleigh was taken from when we started representing him, he'd already relocated residences. >> do you think that ronald

cummings is a danger to himself or others from what we're hearing from art harris? >> absolutely -- now from what you're hearing from art harris, if that was true, well, then of course. but i have many, many clients that i am concerned over their emotional and mental state. and i always refer them to therapy. if i believed ronald cummings was emotionally or mentally unstable i would have him in therapy and there is no doubt in my mind that he is emotionally and mant mentally as stabile as he can be for the circumstances that he's in, he not a threat to himself or anyone that's around him. >> i want to go straight out to pat brown, criminal profiler. pat, you've seen cases like this before and as mr. beardsley said, a lot of people, because he's going through a lot of stress, have become very emotional. what do you make of all of this? >> well, i think that we should go back and take a look at a lot of circumstances. i have an interesting viewpoint on this marriage and divorce, i'm not saying that it's accurate but it's interesting in the police department will be looking at it.

ron marries someone as to who is questionable to his child. may be raped and tortured and says oh this is the time to get married. my daughter would like this. that's ridiculous. i guess his daughter would like the divorce too. he marries this woman. and one of the questions is, did he miry her because he thought it would keep from testifying against him. in other words, if he was involved in something, they could be testifying. secondly, if he gets divorced now, maybe he can now say, if he was involved, that she's just -- and she goes to the police, she's just ranting and raving and she's gist getting back at him for the divorce. so it might had been a goodu know, strategy on his part, both ways. >> i want to go out to clinical psychologist patricia saunders. pat, weigh in on this. we definitely need you right now. >> well, i see a family that has these unstable attachments to everyone. so it would not be out of consideration that misty is someone who doesn't attach to anybody in any substantial kind of way. i do want to agree with part of

what pat brown is saying. that i think we've had a tendency to kind of whitewash ronald cummings as a victim in this. i am sure the man is suffering because of the loss of his daughter. but misty is such an obvious target. and makes herself even more so. i think we have to -- >> well, yeah, she's going to be a target. i mean as the police said, the only thing consistent about what she's told them are her inconsistencies. >> well, that's true, mike. but there's a lot that we don't know that the police have withheld. i don't know that ronald cummings is capable of making the kind of decision to keep her close to his side. but i do question his stance as a victim too. >> but why, pat, would they decide to go ahead and in the midst of all that's going on, decide to get married? it just doesn't make any sense to me. >> well, they're two highly immature people who act on

impulse. and she might be his idea of the child, bride woman who he can mold and shape and not give him any problems.

why won't she come and sit down with police and talk to them? >> that, ms. nancy, i can't answer for you. i'm sure that maybe her attorney can answer it for you and hopefully that she will. >> huh-uh. no. you have had to have talked to her about talking to the police. what does she say? >> we have talked to her about talking to the police. >> what does she say? >> she says -- she's talked to them. >> they want to talk to her again. why won't she do it? >> i have no knowledge of them wanting to talk to her why where she wouldn't do it. >> after the divorce, do you believe, ronald cummings will have norsay to police? >> i don't -- i don't believe so. i know that in all of the times that we've met with law enforcement, i know that he's been very forthright in the

number of times when he called her. what the conversations were all about. so i don't think that he's really going to come out with any bombshell as to well, i was holding this back. >> we've all encouraged her to speak with the police. >> i'm mike brooks in for nancy grace. we just want to find -- where is haleigh cummings? i want to go back out to mark nejame he's the attorney for tim miller of texas equusearch. marks you have heard what dan horowitz, our defense attorney from san francisco said, that tim miller's credibility is shot. what's your response. >> quite the opposite. tim's found 102nd victim yesterday. this man's life is dedicated to finding the lost and the deceased when nobody else will do it. he didn't care, he was doing something unorthodox without question. he was looking to find this child and as far as the publicity seeking, nobody knew he was doing it. where is the publicity? he did it for one reason and one reason only, cause he wanted to help find this child.

so anybody who claims otherwise, they really don't know what they're talking about. >> now, has -- has tim talked to you about ronald and possibility, you know, him having the gun? >> sure. in fact, we were with ronald and we've spent time. one thing i can tell you i genuinely believe that ronald absolutely does not know what has happened to his child and is absolutely dedicated to finding that child. >> yeah, i do too. >> his manners and the way he acts a lot of people might not accept it but i believe he's totally committed. and the issue as it relates to misty as to refer as to what was being discussed. ron believes in my opinion in the time they have spent that misty might have known something about it and if she ended up going elsewhere with other family and she was gone he believes he would have loss that singular opportunity or the best opportunity to best find out what happened to this child. so all of the psychological jibber jabber that i have heard.

it's not that complicated. he knew his best chance of finding his child was keeping her close by. because he's got questions like everybody else does about her continued d ed discrepancies. >> i want to go out to mar lano schiavo who has been on the case since day one. marlaina, going out to misty's mom. she was just bonded out. number one, who bond her out? and has she spoken with police? >> okay, first of all, police did not say who bond her out, mike. and she has spoken to police. they interviewed her before she left the jail. and they'd questioned her about the night haleigh went missing and honestly, mike, she -- all she said was that she still thinks that misty is holding something back. she's sticking to that story. you know misty, as you know as we talked about last night, you know said that her mother only said that because she was mad at her and apparently that's not

case because she reirrated that to police last night before she bonded out. >> what did she come up with the money to get out of jail? >> that's a good question, mike. the family obviously has some extended resource. a family outside of satsuma that might be helping them but where that money is coming exactly -- >> is hank croslin in the picture? >> hank crosslin is in the picture. left tennessee, came back to florida once lisa got transferred. now do they have plans to trourch return to tennessee, that remains to be seen in boy as we talked about a dysfunctional family, but maybe, maybe she knows a little bit of something that will help law enforcement find haleigh cummings. i want to go out to dr. levine joining us from new york, pediatrician. all right, you know, we hold out hope, doctor, that haleigh is still alive somewhere. you know there's been speculation that maybe some

friends of misty's had taken her that night. when tommy went over, didn't hear anybody. we don't know what the real story is. but if she is alive, doctor, she has turner syndrome, as we've talked about before. what -- does she need medication on a daily basis to sustain -- to sustain her? because it's been -- it's been a long time. >> you right, it really depends on her own turner syndrome. there's a wide variety of symptoms and some of them can be mild and some them can be more severe including involvement of the heart, including involve of the kidneys. if she has a more severe form, absolutely she would need medication for that but it's hard know to specifically in her case about knowing her exact medical history. >> i want to go back out to brandon beardsly, attorney for ronald cummings. mr. beardsley, do we know how serious of turner syndrome that haleigh has? >> my understanding is that it wasn't that severe. that at the time that she went missing that she actually didn't even have to take medication for

her -- the turner syndrome. >> so she was not taking daily medication? >> correct. >> okay. i want to go back out to elie jostad, producer for nancy grace. elie, now there's been talk of the night that haleigh disappeared, that ronald was trying to get -- was trying to call misty a number of times on the cell phone. do we know for sure from cell phone records if this was in fact true? >> yes, we do actually. police say that they do have ronald cummings' cell phone records. that they have evidence that he tried to call her over 20 times that night between about 8:00, 8:30 and when he got home from work a little after 3:00. so we do know that he was trying to call her and apparently wasn't able to get through. whether because her phone was off or she wasn't answering. >> mr. beardsley, what has ronald told you about during that time frame when he tried on get in touch with misty? >> he just couldn't get ahold of

her. that he'd called several times because he couldn't get ahold of her. it was typical for him when he was at work, like that, to call her cell phone throughout -- >> 23 times? 23 times? >> well, i don't been that many times. but i mean, i know that every night that he was at work, he would call to check in to make sure she was okay, the kids were okay. and on that particular evening, he was not able to get her on the phone. >> elie, other night, how many times does he usually call, did they say? >> no, we didn't know that. we didn't know what was a typical night how many times he would call. >> you know to me as an investigator, 23 times is a lot -- is quite a few times to call somebody in just a few hours, period. i just -- something's not right here. and we still have not heard the true story from the one person who knows, that i think knows and that's misty croslin. but tonight, "cnn heroes."

>> hi, i'mlyoni. as one of blue-ribbon panelists in 2007 i helped recognize the extraordinary work of everyday changing the world. as both a board member and good will ambassador for unicef, i work to increase awareness and funning for their needs. i see how much the world needs heroes. now i am thrilled to help cnn introduce one of the top 10 honorees. >> disabled children. they are the forgotten ones in the war. i came to iraq as a civilian contractor. there were a lost children that either dragged themselves on the ground or have to be carried. there were so many people who reach out and touched the lives of these kids. >> my name is brad and i bring

pediatric wheelchairs to iraqi children in need. the wheelchairs are brought over and i distribute them to the different military units and help get the children in the wheelchairs. there is no paycheck. it's not really safe here, but i made a difference in the lives of these families. definitely the sacrifice has been worth it.

now a look back at the stories making the headlines this week. >> the two of us have agreed to go separate ways. >> they are splitting up. >> with the family problems and everything else, it's just too much on the relationship. we can't go anywhere without being questioned or people staring at us or anything like that. >> i don't want a divorce, but hey, that's what he wants. so whatever. not going to fight him. >> cummings threatens to shoot croslin dead if she is responsible. >> he threatened to blow misty's

teeth to the back of her head and kill himself and take others out with him. >> 3-year-old xavier nelson was left by an unidentified woman in a los angeles bus stop after midnight on friday. >> lapd released this video in the hopes someone would recognize this toddler and someone did. angela thomas said her mother called her and saw her grandson on tv. >> i was about to cry not just because i saw him, but the story they were telling. >> police are desperate to find 31-year-old stephanie fisher last seen with her new husband who is armed and dangerous. >> a explain the he stuck a shotgun in her mouth and said he wanted to use the biggest shells possible so she would die a slow and painful death. >> the judges said unless you come to an agreement, you will

be back. >> you are clinching your jaw. >> it's cold out. >> for her to call me a criminal and she thinks i stole? it's gotten so ridiculous. >> i think she was being incredibly dramatic. she only has $1,000 left and couldn't mail the bills in her purse? give me a break. you have many accounts and you said so. don't me you don't have the money somewhere. it made great tv, department it? >> let's stop to remember third class james layton. 22 years old from california. a warred the purple heart, he lost his life giving medical care to a wounded marine, he loved traveling and heavy metal music and dreamed of being a radiology tech. three others, two sisters. james layton, a true american hero. thank you to our guests and for you for being with us.

see you tomorrow night 8:00 p.m. eastern. stay safe. i'm brooke anderson and this is a "showbiz tonight" news break. here's what's coming up. the family of the boy thought to be on a runway balloon all over tv. should they be doing so many interviews? the network that has jon and plus eight is sheing jon and claims that jon hacked into

kate's computer. that's your "showbiz tonight" news break. the show starts at the top of the hour here on hln.

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