>> right now on "showbiz tonight." the sarah palin levi john son smack down. levi's unbelievable sarah slam caught on tape. >> what does she think about you posing nude? >> who knows. i ain't thinking about her. >> just in today, "showbiz tonight" with the first look at levi's naked "playgirl" photo shoot and who do you think is winning the sarah-levi war of words. the startling results from a

"showbiz tonight" poll. the michael jackson suicide shocker. a development as a major figure who caused big trouble for jackson kills himself. what really happened? >> the brand-new explosive carrie prejean porn war. tonight carrie's threat over her solo sex tape. will she stop it from getting out? tv's most provocative entertainment news show starts right now. >> i'm a.j. hammer from new york city. >> this is brooke anderson from hollywood and we have remarkable developments in the sarah palin-levi johnston smack down. >> sarah palin would have never imagined this when she went up to the republican national

convention with her pregnant teenage daughter. this will be the big news we would be talking about over a year later. this would be the big news breaking today. unbelievable. "showbiz tonight" obtained new video of levi johnston strutting his stuff, so to speak and taking new swings at his almost one-time mother-in-law as he arrived in all his glory. that glory include this is news. "showbiz tonight" obtained the first photo released from his "playgirl" photo shoot and we will show it to you. the startling results we got of a "showbiz tonight" poll that asked, who is winning the war of words. levi or sarah palin? i have to tell you u you never could have predicted the wild results? the correspondent for extra, an attorney and author of the book, girl, let me tell you. it's fair to say sarah palin and levi johnston are not that fond of each other. let me show you this new video

of levi johnston caught on tape arriving at the airport in los angeles. yes, even in his off time he is still slamming sarah. watch this. >> what does sarah think about you posing nude? >> who? >> sarah palin. what does she think about you posing nude. >> who knows. i ain't thinking about her. >> i'm thinking he should be thinking about her. basically it's the only reason he is famous. >> right. he is thinking about her. the bottom line is he is using this situation to build his brand. i'm not sure what it is yet, but it's a naked brand so far. a brand none the less and he is extending his 15 minutes of fame to 20 to 30. >> to lauren's point, she milking this for all its worth. >> to defend him quickly, the question was asked, what does sarah palin think about you posing nude? i don't want to hear about my

possible mother-in-law and nude in the same sentence. he needs to milk it as much as possible and give her thanks. she's the only reason we care about him. >> it's freakish. we are looking at video with the aviator glasses playing the part of the star. he said he never wanted to have anything to do with a lifelike this. amazing. we have seen sarah palin having her say. monday she did oprah and barbara walters. she said he needs to grow up. who is winning this war of words? i could not believe the results that came in late. our question of the day, here's what we asked. sarah versus levi, who is winning the war of words? 47% of the people saying sarah palin and 53% voted levi. are you surprised?

>> i would have voted the same way to be honest. i'm not really surprised. what i feel like is people reginized that levi is acting age-appropriate. he's acting like a jerk, but he's an immature kid. sarah is the grandmother and the mother of bristol. we want her to stop engaging this young guy. she is only going to come outlooking immature. he is. >> she shouldn't respond to any questions about him at all unless she has something nice to say. we have levi johnston's first photo from the "playgirl" shoot. goody. we will show that to you. you want to see this, but the levi-palin smack down rages on. how nancy from colorado praises sarah. roll that. >> caller: i did not go for sarah palin. however, i am very impressed with her. i thought she was very

authentic. i thought she was very genuine. i think she is brilliant. i can't wait to read her book and possibly vote for her in the next election. >> thanks for your call. i am excited to play this. i have someone who disagrees with you, nancy. none other than martha stewart. we caught up with martha stewart last night and she said sarah is not so brilliant. >> i wouldn't watch her if you paid me. she is very boring to me. very boring. to me kind of a dangerous person. she's dangerous. >> in what way? >> she is so confused. anyone like that in government is a real problem. >> there you go. calling it like she sees it. team sarah or team levi or martha. >> i will go with team martha a. thank you for giving me a choice

c. if i had to choose between sarah and levi johnston, i will go with levi johnston. it shows that people are tired of the lying. sarah palin went on oprah and lied. she wouldn't want levi johnston atting this and welcome him to the table. levi even though he is being immature, he is truthful. >> amen. he is being a young kid, kind of immature and a little bit of a jerk. sarah is not being authentic. she needs to just say this is private family business. we are obviously having issues with my grandson's father, but i'm not discussing it because i'm a grown woman and i'm supposed to protect my family. quit engaging in this nonsense. it's not a good look. >> you have to love martha stewart again. >> yes. >> i know she did not wear a sarah palin costume. >> go team martha.

>> levi is of course hoping to get more people on his team doing the first "playgirl" photo shoot. we have the first photo to show you. stay where you are. back in 30 seconds. back now with the moment we have all been waiting for. the first photo released from

the "playgirl" photo shoot, may i have a drumroll, please. here it is. levi's first photo. take a good look. off to you first. i have to ask you, impressed? >> i see way too much arm pit. is it just me. i look past him it's arm pit. you know what, he's a handsome young guy and i guess people will like it. his looks may take him another 15 minutes, but i'm not that interested in the kid. i'm sorry. >> dare i ask you? are you impressed? what he is able to puting it for the photo shoot. >> really, a.j.? let me quote the "new york daily news." their poll said 39% say hot, 14% say not and 47% say why am i looking at this? >> do you think levi's fans are up for a case of an 'tis

appointment. >> you know, depending on how much is reveal and how valuable the family jewels are, let's say, maybe his career can take him somewhere else? where? to porn? he may have his sights on the big screen, but does he have acting talent? we have no idea. he needs to go back dating kathy griffith. >> how much did he reveal? that is coming up. carlos diaz and lauren lake. >> big news breaking. the michael jackson suicide shocker. this is startling. as a major figure who caused big trouble for jackson kills himself. what really happened? the unbelievable ryan seacrest smack down. >> what do you say to your fans who are desperate to know about and you your costar?

>> it's his costar. it's a fair question. >> i was cutoff for the first time ever. >> this is incredible. he is one of the hottest stars around and you have to see what happened when he asked the new moon star if he is dating kristin stewart. they are on the cover of every magazine. the nasty carrie prejean porn war. carrie's dramatic threat over her solo sex tape. can she stop it from getting out. >> the news ticker. these are more stories from the newsroom making news right now.

>> did you see this? the cat who made friends with a cop during a traffic stop. check out this vish caught on dash cam. a texas police officer pulled over a guy and the cat climbed

up the cop's leg on to his shoulders as he wrote out the tick et. i have to give him credit. he didn't stop him from doing his job. the cop is named keith urban. welcome back to "showbiz tonight." i'm brooke anderson in hollywood with a.j. hammer in new york. the super bowl of sexy. they named the 2009 sexiest man alive and drumroll please, the uber sexy johnny depp. it sparked a heated coast to coast debate. is he really the sexiest man alive. julie jordan is a correspondent and it's great to see you. this is the second time for johnny depp. why is he the sexiest man alive? >> the thing about johnny is not

many men out there can pull off willie wonka, the mad hatter and still exude sex appeal. he stood the test of time. he is mature and wise with age. no one is as sexy as he is. >> he is versatile as you say and sexy in the i haven't washed my hair in a few days kind of way. >> a bad boy. >> minutes after we posted on our page that johnny depp was named the sexiest man alive, we could not hold back the flood of ex-static messages on our facebook wall. he hasn't aged a day since nightmare on elm street or 21 jump street. jennifer said like him or not, there few men sexier. two words from vanessa. dam sexy.

johnny depp is 46, but it doesn't matter. >> i think he has gotten sexier in his old age. he enjoyed the sensation of younger actors like those that are enjoying the mania right now. when he was on 21 jump street, he evolved into a family man. she comfortable in his own skin. he has staying power. >> he has been at this for more than 20 years. he has a fine line, better with age. i have to tell you, julie, especially with twilight new moon opening, we have a lot of people writing, some stunned that depp won the title this year. brooke g. wrote i totally disagree. the sexiest man alive is robert patinson. jennifer s. said he is not a man. give him 10 years and maybe.

>> is johnny really sexier than the vampire? >> robert patinson is enjoying the mania. the career just starts out. johnny depp experienced that as well. the thing about johnny is that his sexiness, his maturity and he's kind of the complete package. i guarantee you he is one to watch. if he can be sexier, no telling what he is capable of. >> give him a little bit of time and he may have that broad appeal. >> julie jordan, it is always fun talking about the sexiest man alive with you. thanks. >> don't forget to pick up the new issue of "people" magazine, the sexiest man alive issue this friday.

>> we want your take on it. do you agree he is the sexiest man alive? e-mail us and t. >> the show biz on call operators look especially hot right here when they are answering all the calls about sarah palin. we are getting so many after we told but sarah getting offers. kathy from kansas loves the idea. loves it. >> sarah on the cover of news week, big deal. she should do the reality show. that would be greater than the book. i would watch it. i think it would be great. sarah should do the reality show. >> thank you, kathy. >> the reality is, she doesn't want a sarah palin reality show. >> i don't feel like she should be doing a reality show. we like her for vice president.

why would we want to watch her for a reality show? i think her true colors are coming out with the interview with barbara walters and that's who she really is. >> thank you for your call. >> the show biz on call phone line are always open. >> 888-sbt-buzz. >> tonight, big news in the michael jackson suicide shocker. the startling development as a major figure who caused big trouble for jackson kills himself. who was this person and what really happened? the unbelievable story of how nicholas cage may have blown through his entire fortune. shocking reports from the guy who used to handle cage's money. 15 houses and 22 cars and $1.5 million comic book collection. >> "playgirl's" audience is about 60% gay. the print edition was discontinued about a year ago

and they are bringing it back. levi johnston is starring in the first issue in january. >> we showed you the first pictures of levi posing nude and we are taking you inside the shoot and the secrets of the shoot revealed. "showbiz tonight" on hln. time now for the "showbiz news ticker." more stories making news right now.

i can you paris hilton and her boyfriend got into a nasty fight and the police had to be called. before you go and grab your box of kleenex, "showbiz tonight" spoke with paris hours after this broke out and couldn't stop gush being this guy. tmz reports that paris and her man got into a huge fight early today and the cops were called. the witness said he saw paris and doug shoving each other in her driveway. check out what paris told us when we showed up at the launch for her hair and beauty line before this all went down.

we had to ask her what she can't live without. >> i wasn't live without my blackberry, my boyfriend, my pets, my family and my best friends. >> okay, paris. she did put her blackberry ahead of her boyfriend. now listen to what she told us when we asked her how the relationship works. >> just about staying true to yourself and not letting all of this get to your head. i always remain the same person i was since i was a little girl. i keep people around me that i love and trust. i just don't pay attention to the nonsense around in this town. >> no, paris, you don't pay attention to the nonsense in hollywood. you are the nonsense! she said it wasn't her and her boyfriend fighting. it was doug's house guests. i eyewitnesss are disputing that claim. >> would you watch a paris hilton talk show.

>> wouldn't miss a single show. >> that makes one of us. dukeing it out about whether sarah palin should get a talk show. stephanie write this is. sarah should get her own show. in a recent interview she seems more sophisticated and intelligent. leanne said no way. i don't think she should be a talk show host with levi in the picture. she should focus on her family. sign up for the facebook page and twitter entertainment news alerts at cnn.com/show biz tonight. >> here's what's coming up tonight. the michael jackson suicide shocker. a major figure who caused big trouble for jackson kills himself. a brand-new explosive carrie prejean porn war. tonight, carrie's dramatic threat over her solo sex tape. the ryan seacrest and robert patinson's smack down.

>> what are do you say about your costar? >> it's his costar. it's a fair question. >> you have to see what happened when he asked if he is dating kristin stewart. this is "showbiz tonight" on hln. more stories from the newsroom making news right now.

. >> a suicide shocker. a startling development as a major figure who caused big trouble for michael jackson kills himself. what really happened? >> carrie prejean's porn fight. the battle between the former beauty queen and the company that wants to release her solo sex tape. can she stop the tape from getting out. >> what do you say to your fans who are desperate to know about you and your costar? >> it's his costar. it's a fair question. >> i'm getting cutoff for the first time ever. >> the ryan seacrest smack down.

ryan dared to ask the new moon star if he's dating kristin stewart. tv's most provocative entertainment news show continues right now. >> this is brooke ander from hollywood. the michael jackson suicide shocker. >> he confirmed that the father of the young boy who publicly accused michael jackson of sexual molestation has killed himself. 15 years after he turned michael jackson's life upside down, evan chandler put a gun to his head and committed suicide. why did he do it? we have been digging to get to the bottom of this mystery that

made for big news breaking today. >> months after michael jackson's death, a major figure in michael jackson's scandal met a tragic end. police in new jersey told us evan chandler who accused michael jackson of molesting his 13-year-old son in 1993 was found dead in a high-rise of an apparent suicide. >> they're found mr. chandler with no question that it was a suicide. it was his own .38 caliber in his hand with one wound to his head. >> the shocking death of evan chandler was big news with the new york post declaring jacko molest-rap dad kills himself. the question is why? >> there was no suicide note left according to sources. >> police say chandler had been extremely ill and suffer for example cancer. sources tell him that chandler's role in the scandal left him

despondent and fearful until the day he died. >> he a parentally feared for his life. that's why they say they think he had the pistol he used to shoot himself. >> in 1993, jackson was still a major music star. in the summer of this year chandler accused the star of molesting his son. >> he was a beverly hills dentist that said he found out about the alleged molesting a of his 13-year-old son when he was pulling his soothe and had him under anesthesia and his son told him at that time that michael jack had molested him. >> the accusation exploded on to the front pages. authorities searched neverland ranch for evidence. >> don't treat mike like eye criminal. >> he declared innocence. >> i am innocent of wrong-doing and i know these allegations

will all be proven false. >> here settled for a reported $20 million. things were never the same again for jackson or his accuser's family. >> in the years after the settlement, according to evan chandler's brother, ray, his brother was in fear for his life because of threats against him they blamed on michael jackson fans. evan chandler was e strangered from most of his family. he moved to jersey city somewhat to escape that and was living in a high-rise luxury apartment in jersey city where he was found dead. >> in another big jack development today, janet jackson is breaking her silence about michael's drug use. >> was michael in denial? >> i wish he could answer it for you and note me. >> michael's famous sister publicly acknowledged for the first time the jackson family tried an intervention to help him kick his drug problem.

she spoke with robin roberts. >> how did he react to the intervention that you conducted? >> how do i say this. he understood it was out of love and because of caring, but when it's something like that people continue to be in denial. >> with janet's revelations and the shocking news about the suicide, the aftershock was michael jackson's death are far from over. in the past, the brother of ray chandler spoke about the problems evan had faced after mot lestation case and he has not responded to calls for comment about his brother's apparent suicide. tonight's prejean's porn fight. the war is on between carrie prejean and a porn company that wants to sell her solo sex tape. it is one of the stories that made for news breaking today. she is now threatening to sue

the porn company, vivid entertainment because they won't take no for an answer. they reportedly offered millions for her sex tape and she said no way. now carrie's lawyers are saying they will sue if they sell her sex tape anyway. speak of lawsuits, even more bad news for jon gosselin. she is being threatened with another lawsuit for breech of contract today. this has nothing to do with tlc, the company who produces his family reality show or soon to be ex-wife, kate. the other kate, kate major may sue for this handwritten agreement between them. joining me in hollywood, an entertainment journalist with $5 prep.com and megan alexander with inside edition. what are the words between carrie prejean's lawyers and the porn company?

vivid entertainment offered her millions and she said no way. why do you think they won't take no for an answer. seems like they are badgering her. >> she talking about this and battling this and not talking about her book shows you how much she has fallen. she wants to keep the tapes under wraps and i say tapes because there is rumors that there several of them. i think it's something she will be battling for a long time now. it's too bad, but these are the consequences that come from not being honest about all of this. >> take a look at what vivid entertainment said. last week we obtained the sex tape made by carrie prejean. she is a beautiful woman and we believe a movie based on this footage could be the best selling of all time. we reached out to her several times and look forward to speaking to her about her options and getting started on a business deal with her. carrie's lawyers told us they

are not commenting. do you think this porn company will try to release it without her approval anyway? >> depends on how much money they can make. if it turns a profit even if they get sued, sure. from their perspective this is a good idea. i don't feel bad for her. she made the sex tapes. she didn't want it out there, she shouldn't have done it. i wouldn't be surprised and there is a lot of speculation that the release of the sec tapes coincide with her book. this is one grand thing for her that is benefiting her and keeping her name in the press. >> a lot of questions surrounding her. it would be super slimy, but we are talking about a porn company and it might be par for the course. i want to talk about jon gosselin's legal problems. kate major who said she was jon's girlfriend is threatening to see him over breech of

contract. radar online posted the contract between jon and kooit their website and it reads i, kate major, will run any media inquiries before doing on air or print work. i will not make negative or disparaging remarks. jon and i will not comment publicly about our relationship. >> jon reportedly scribbled his end of the deal with to kate that read i will employ kate major as a personal assistant. she will be a subcontractor and receive a percentage of accounts for payment based upon involvement. megan, if this whole thing is real, does jon gosselin have another big problem on his hands here? >> i think he does. the fact that it was scribbled shows how chaotic his is that he is trying to capitalize on anything going on around him. kate major was naive enough to

sign it too. it shows both were lie being the relationship and he denied it and he has big problems. >> who signs the contract on a piece of paper? what is that? >> it reminds me of my steven spielberg prenup and he had to pay $100 million. just hours ago, jon's attorney firing back at kate major telling us she believes that jon gosselin is her obama stimulus package. the note which i highly doubt was ever written by jon gosselin holds as much legal water as a six-inch bucket with a nine-inch hole in the bottom. pretty funny, but does it seem to you that he really wrote this thing up? >> i wouldn't be surprised. he is a scum bag. this is balloon boy status

whoch. who writes a contract on a piece of paper? >> ryan sea create robert pattinson smack down. >> what do you say to your fans who are desperate to know about you and your costar. it's his costar. it's a fair question. >> cutoff for the first time ever. >> the explosive question when ryan dared to ask the new moon star. shame on him. did nicholas cage spend himself into the poor house? outrageous reports from his advisor 15 houses, 22 cars. a $1.5 million comic book collection. levi johnston in "playgirl." >> "playgirl" figures their audience is 60% gay. print edition was actually discontinued about a year ago and they are bringing it back with levi johnston starring in the first issue in january. >> the first photos are starting to circulate, but what does sarah palin think? the "showbiz news ticker" with

more stories making news right now.

welcome back to "showbiz tonight" with brooke ander in hollywood. the ryan seacrest robert pattinson smack down. why did the twilight star walk out on an interview. voot is just in and it's remarkable. it's a big premier of new moon. he was having a nice conversation right there on the radio show. they shut the interview down. you have to see what ryan said to cause the ruckus. new details about how nicholas cage lost his fortune. tens of millions of dollars. i can hardly believe all of what nick bought. joining us is hyla and in new york, megan alexander from inside edition. "showbiz tonight" was there on the red carpet where ryany is kreaft set up his radio show.

the tabloids have been going crazy that robert pattinson and his costar are involved. they shut it all down. >> what are do you say to your fans who are desperate to know about you and your costar, kristin? >> you can't ask that question to the guy? it's his costar. it's a fair question. i was cutoff for the first time ever. >> let me control this to you first. it seems absurd. she a big boy. was it ridiculous that he was not allowed to answer a question that million was fans want to answer? >> it's a ridiculous response. it's the publicist's fault. you see her wrapping it up. the way ryan phrased the

question, he could have answered it in a way that didn't talk about his personal relationship. he could have said we love milk shakes. either she is really good or really bad at her job. this made the situation bigger and makes us talk about it rather than blowing it off. i will give her the benefit of the doubt and she knew what she was doing generating more press. >> i don't know about that. it doesn't look good and ryan will not be that happy with having her clients on the show in the future. there graceful ways to avoid answering questions even if personal questions are sometimes off limits. megan, it's not like he hasn't been asked this a million times before. to diss ryan like that doesn't seem like a good move. >> he showed that british charm. he gave a plug to his movie. i agree with hyla, the publicist

knows this is coming and he should have a prepared response in a way that keeps the audience entice and satisfy the interviewer without giving too much away. it could have been handled better. >> as big as rob pattinson is, ryan seacrest is mr. pop culture. he has been around for 10 years and will be around another 10 years and not a smart move. >> this is a big time publicist here. not somebody who is new at the job. another breaking story in today. nick kacage's spending spree. he claimed he mismanaged cage's money. he filed a spectacular counter complaint claiming he spent himself into the poor house. look at this. he claims just last year, cage owned 15 homes and fouruates and an island and a gulfstream jet. i want to you look at photos we

found of the estate. if the claims are true, i am guessing nicholas cage will get zero sympathy from the public about blowing the fortune. >> i want to say i'm the wrong person for this. i have negative dollars in my account. this is not something i can relate to. nicholas cage didn't do anything different than half the country. the reason why we are in a recession. we did it with more car or a house or extension to the house. he did it with four yachts. it's on a bigger scale, but no different than what everybody else did. >> he has a lot of fan who is made a lot of money. at the same time i don't think he will be getting pity. >> hyla, not for nothing. i thought you would have at least $5 in the bank. >> tonight, ryan o'neal said he wasn't surprised at all to be left out of farrah fawcett's will. she die friday cancer in june at the age of 62.

she reportedly left everything to her son, redmond. he and farrah decided thatfawce. he said -- well, levi johnston is making playgirl history. >> playgirl figures its audience is about 60% day. the printed edition is coming back with le vie johnston appearing. >> the first pictures are starting to make the rounds but everybody wants to know, does le vie bear all?

and what does sarah palin think. let's roll out the "showbiz" news ticker. these are more stories making news right now.

i know you are excited. the first photos are starting to going to around of levi johnston's photo shoot. he did not bare all. is that good news or bad news? that depends on how you look at it. i think it is safe to say is that one person who will not check out the photo spread is sarah palin. >> he is gone from a page in history to the pages of playgirl. >> there is going be a pull-out center fold. >> welcome to my photo shoot. >> entertainment tonight paid for rights to shoot the playgirl photo shoot. >> i am taking it off. >> but not all of it. >> full frontal, quarter

frontal? >> we have well placed objects in front of the frontal. hockey sticks, shirts. >> the first photo released was a demure one from the oblig tory shower scene. sarah palin said there is a name for this. >> i call it porn. >> but blogs complained it was a tease. playgirl says levi insisted on a clause excludeing full frontal nudity. how big has this story become? >> the "new york times" called me and asked how big is he? >> playgirl figures its audience is about 60% day and the print edition was discontinued years ago. they are bringing it back with le vie starring. >> i hear he goes by the name ricky hollywood. >> he didn't drink.

he sees this as business. it is about his son. >> critics of sarah palin went about the business of dissecting her latest interviews. when oprah asked who she consulted. >> was there a family vote or discussion? >> this time was there not a family vote. >> that is not what she told shawn hanty. >> the girls voted yes. >> sounds like a full frontal contradiction. >> this time there was not a family vote. >> it was a time of asking the girls to vote. >> my eyes. >> on tuesday, we ask you to vote on our "showbiz" question of the day. we did get the final results. sarah versus levi. who is winning the war of words. pretty close here.

>> thanks for your e-mails. >> that is it for us tonight. thank you for watching. >> you can catch "showbiz tonight" on the 11s. 11 p.m. eastern, 11 p.m. pacific and then again at 115:00. and the michael jackson saga takes another sad turn. the boy who accused him of child molestation takes his own life. and sarah palin talks about her

book. all that and more next.

tonight on "the joy behar show" sarah palin's rogue tour rolls on as she tries to sell her book by trash talking her fellow americans. the 9/11 trials being held in new york city. bad idea, good idea? she went there the land down under to the top of the music world. after battle with breast cancer, she's here. the one, the only, olivia newton-john. all this and more starting right now.

shocking new guidelines for breast cancer screening were released this week which have the entire medical world talking. among the recommendations with no mammograms or self-breast exams before 50. joins me are dr. marie savard an internist and the lovely and kalted olivia newton-john, herself a survivor. welcome. you were in your 40s when you were diagnosed. >> yes. >> how did you find it? >> i found it myself. i'm so up in arms. i found nit a self-exam. why not advocate that. if you find something that is to the right, you get it checked out, which is what i did. >> we're going get to that with the doctor. did you follow it up with a mammogram? >> the mammogram was negative.

that's unusual. i don't say that to scare people. i felt there was something wrong instinctively. he did a needle biopsy that was also negative. i still didn't feel it was right. i had lumps before, i wasn't feeling my best. he did a surgical biopsy and found the cancer. what changes this all of a sudden? women in their 40s have always been told to get them. >> sadly, i don't think anything changed. i think the panel got together, looked at the numbers, crunched the numbers, and decided to weigh women's lives versus side effects, inconvenience, side effects, radiation. not much new has happened. if anything the mammogram has gotten better.

the ultra sound probably helped you be diagnosed. there's lots of things out there. to say to women, the leading cause of cancer death in women aged 40 to a rks to say don't do anything. that's crazy. >> mammograms find 1 in 2,000? >> they save one out of almost 2,000 women's lives. that's a lot of live ifs you multiply it. >> that's a lot of people. they recommend stop teaching women under 50 to self-examine their breasts. why is that? >> i'm so insulted and outrage by the thought. most women trust just as you did, they feel something is wrong. that gets them, you examine them, get the mammogram. the mammogram is not perfect. if it's not, you keep being the squeaky wheel. you get the ultrasound and the biopsy. >> why do you think they're saying this? >> i don't know.

many of my friends have found their cancer by self-exam. the women that go and find out it's nothing, they're thrilled that it's nothing. they are not upset they had to go through it. >> what if they don't find anything? >> i can't imagine that. >> is it not cost effective? is there money involved? >> what money could be involved in a woman knowing her body. they said the doctors breast exam, really, there's no evidence that that really works. it's lewd -- ludicris to think a doctor will not lay on hands. >> do we ignore it. >> the american cancer society is not going along with it. >> i think a lot of groups are quite alarmed at what could happen. women will hear this message and think, i'm not going to get the mammogram. it doesn't work. it's kind of painful. or they will feel a lump and

think what's the point of going to the doctors they're not going to detect anything. >> i think we have to keep pushing self-examination. i'm worried about the poorer women that can't get it covered. i have a feeling that's where it's leading. >> what happens to women over 50 who want an annual mammogram? they want women over 50 to have them every two years. if you want one every year, will the insurance not pay for it? >> our secretary of health came out today and said we're not going to change anything. she understands the alarm. right now, we're not changing anything. >> private insurers are required by law to pay for mammograms in women over 40 except the state

of utah. don't mormons get breast cancer? >> of course they do. early diagnosis, early treatment means -- >> early diagnosis is key. >> the earlier you dig nose, the less radical the surgery or the treatment. we are not talking about that part of the equation. >> i was in germany and vienna. i was entrusting my self-breast examination tool to help you find lumps more easily. the women in germany are having problems getting mammograms. they are not getting the information. i heard that the study is based on the european union. we're going back wards, not forwards. >> in england, they don't start until after 50. >> they've been worried about

cost containment for a long time. a lot of services have not been given to the degree that we would go along with in this country. tuns limitations of the mammogram. ask for a digital mammogram. if you have lumpy breasts, ask if you can get the digital. >> they're saying don't check yourself in the shower. >> that doesn't make sense. >> let's say this all goes through. let's say you happen to be checks yourself. or maybe somebody else finds it, you should be so lucky. >> of course, men do find lumps. >> are you supposed to, say oh, i didn't find it, because i'm not supposed to find it? >> are you supposed to ignore it. >> they say be aware. i've heard experts say women should be aware of their bodies and report anything. what message is this? >> i feel like there's a war against women in health. there's a stupac amendment that will deny women insurance to get an abortion if they need it. they need a rider on their private insurance.

as if you can plan to get a after -- private abortion. now there's this that will curtail the test for women. >> there was a lot of responses. i looked at my website, the abc website. they said, what about men's health? >> do you know that viagra is paid by insurance? >> i know man used my self-examination and found it. he was in his 30s. it happens to men also. >> we can't, as you said, we can't go back wards. have better technology. women between the ages of 40 and 50 cannot have nothing. >> what is your final work to women watching?

>> trust your instincts, examine your breasts. be the squeaky wheel. >> and don't let this legislation go through. >> be in control of your own health. a lump is a lump is a lump. if it's unusual. >> most lumps are benign. >> if you know that, you should be ware of what is normal for you. >> women know when there's something different. >> it was interesting that you knew. thanks very much. olivia is going stay with us. more with olympia newton-john when we come back.

♪ come and behold him born the king of angels ♪ ♪ oh come let us adore him oh come let us adore him ♪ ♪ oh come let us adore him >> i'm back with olivia newton-john. a woman that has been mellow, honestly in love, and greased. not necessarily in that order. let's talk about the new special. it features ice skaters and cancer survivors. that is not a natural match. >> it's on thanksgiving day after the big football match. a perfect time to catch people.

an inspiring show, ice skating and music. scott hamilton, dorothy hammill, a breast cancer survivor. scott survived cancer twice. people going through cancer, cancer care givers and their families. hope, and chance to give them advice. i sing a song that david toster and i wrote with a group of young children called "purple songs can fly" and they're a group of children that have been through cancer themselves and we wrote the song. dorothy hammill is skating through it. >> she had cancer too? >> she did. >> we have twitter comments for you. this one says olivia was my make a wish in 1993. i had a stage 3-b nonhodgekins limphoma. after our meeting she inspired

me to fight to survive. i owe her my life. that is wonderful. last year you raised more than $3,000 for cancer research walking the great wall of china. >> i did. we invited olympians and celebrities to join me on the walk. we had great sponsors. it was an incredible experience. it was like the cancer journey. it was difficult, inspiring. we got through it. it was three weeks of tough walking. have you been there? >> i haven't. i was rael reading -- you know the long march of china. they carried mao tse tung. they carried him. what type of a leader is that. >> i'm not surprised. it's tough. they carried him. what type of a leader is that? >> i'm not surprised.

it's tough. >> let's talk about "grease" a little bit. kids love that movie. why is it popular? >> i don't know. i talk to kids all the time that liked it. the '50s is great time. >> you ever watch "madmen "? >> i have. >> everybody smoked and gave themselves diseases. >> i didn't go to american school. it was fun for me. >> you were in australia. did you have a crush on john travolta when you were filming? >> i'm sure. i'm sure, yeah. >> you did. >> i did. >> have you seen him since his family tragedy.

>> we've been in touch. i send my love to him. it's a sensitive subject. >> after "grease" you became a big star. >> it pushed me to another category. >> you were one of the few that looked like a teenager, by the way. >> it was weird, because i was 29 when i made the movie. >> you looked like a kid. some of them looked like they were post menopausal. >> i asked to do a scene test with john to make sure i could pull it off. >> i assume your life changed. did you like the attention? >> it wasn't like overnight success. i had been working for a long time. i had success in music and stuff. it was a much bigger plateau after that. i managed to balance my life.

had horses, family, my friends. >> is it hard on the kids these days, britney and lindsay? are they having a harder time? >> i think so. they don't have chance to grow up and mature in private. we didn't have the paparazzi. on occasion they would catch you in a baiting suit on beach. >> they like it too. they object to it and they like it. it's a double-edged sword that paparazzi thing. let me ask you about the christmas cd. >> it's a traditional christmas carols and some new ones. i do some with barry manilow and michael mcdonald. >> oh, i love him.

>> doesn't he have a beautiful voice? >> sexy voice. it's wonderful. let me give you twitter questions. olivia has a big gay following. why does she think that is? >> they're loyal. amazingly loyal fans. i did a movie called "sorded lives" that they liked a lot. and a series too. i don't know. i love them. >> they are very loyal. they like certain people and they stick with them. >> i'm curious about your hyphenated name. sit a combination of your mother and father? >> it was a combination of my father's parents. he was from wales and his last name was john. my grand father was john and my grand mother was newton. my parents did because john was a common name so they put the two names together. >> does olivia newton-john have

tidbits that no one else nose that happened in the filming of "grease "? >> and my lips are sealed. >> wardrobe malfunctions. >> i had to be stitched into the black pants i wore. they were old when i got them because we filmed in the '70s and the pants were from the '50s. they were old when we got them and the zipper had gone. i didn't drink anything all day. >> so the '50s pants were tighter. >> they were made of shark skin. it was amazing. it was like a thick lycra. >> you're going stick around. >> olivia tells us how she met her husband in the rain forest. stick around with us.

i want to meet your husband. ♪ you better shape up because i need a man and my heart is set on you ♪ ♪ you better sap up you better understand ♪ ♪ to my heart i must be true

♪ let's get physical physical i want to get physical let's get into physical let me hear your body talk your body talk ♪ ♪ let me hear your body talk >> oh, yeah, baby. i'm back with olivia newton-john and the man she's hopelessly devoted to. john easterling. welcome to the show. >> thank you. >> you're a gorgeous couple. >> we fell in love in the amazon but we have known each other for 17 years before that. did you have a best man or a sherpa.

>> we had a man do the services at an extraordinary archaeological site. in p rks ru. >> it must have been beautiful. >> it was us and musicians. >> you kept your relationship secret from the family.

>> no, not the relationship, just the wedding. we were together a year when we got married. >> you were dating. i don't get that. i'm dating a guy for 27 years. how long were you dating, actually? doing the -- the dirty. how long? >> a year. >> dating for a year. >> we knew each other for 17 years as friends. i met him many, many years ago. a few years after i knew him, this is stully interesting. my dog had pupies and skron had met my dog, liked my dog. i shipd a puppy to him in florida. 2 the 1/2 years ago, i did a show in florida, i invisited him to come with his girlfriend and he brought the dog. >> don't call her a dog. >> i remembered her. hearing her sing, the new cd, the grace and gratitude, sit so healing. her whole life is about healing. i wanted to introduce her to some of the healers i met over the years. i invited her to go to peru. we fell in love on day two. that was it. >> do you share the belief in ufos the two of you? i read that?

you believe in ufos? i am just giving you what i read. >> that is so funny. i believe there are unidentified flying objects. i thought i saw one once. i don't though how that got so out of control. >> they love to pick up on stuff like that. >> what is this? >> zamu. >> zamu. >> i've been going to the amazon looking for treasure. i went in the '70s looking for lost cities of gold. inca treasure, things like that. over the years, i managed to find enough treasure to keep the trail going. it's evolved to botanicals. the rain forest is extraordinary. >> i'll put it on ice and drink it later. thank you for coming by. >> good to see you. >> olivia's special airs on thanksgiving day.

and her christmas album is in stores tonight.

well, my favorite girlfriend, sarah palin kicked off her rogue book tour in grand rapids michigan. she's refusing to visit major cities on the tour. yesterday she told rush limbaugh she's not trying to reach the liberal elites, just everyday hardworking americans. excuse me. that really ticks me off. with me to discuss is naomi kline, a contributor to going rouge. an american nightmare. out this week. naomi -- welcome, ladies to the show. she's saying that hardworking

americans don't live in the cities. is that the implication here? >> i think that's pretty much it. >> doesn't that eliminate 100 it's kind of stupid. million people? >> yeah, but it's typical campaign rhetoric. this book tour is like a presidential campaign. she has the bus. she seems to be running for president of nothing. i think she's got chance to win. >> let's listen to what she said when barbara walters asked her about obama. >> on a scale of one to ten, ten being the best, where do you rate barack obama? >> a four. a four. there are a lot of decisions being made that i am not in impressed with. >> what would you do about unemployment if you were president? >> i would cut taxes and let more small businesses keep what they earn and reinvest and hire more people.

not punishing them by forcing health care reform down their throats. forcing an energy policy down their throats that ultimately will tax them more and cost them more to stay in business. those are back-asswards ways of trying to fix the economy. >> backass-wards, huh? how is giving poor people health care shoving something down their throats and punishing them? where does she get the ideas from? >> not from the reality that you and i live in. i think if she were this barack obama's position and facing the problems he is, she would resign? she doesn't seem up to faces the challenges of a relatively easy to run state with a small

population. i don't think she's in a place to judge barack obama. >> she's a quitter. >> she is. all of her policies are about the fact she doesn't believe in governor. she doesn't want regulations for the health care crisis. her governor philosophy is do nothing and get out of the way. she quit her job in government. which, you know, as long as she doesn't run again, this is a woman running by her ideals. >> i don't think she will. i think she's running for president of facebook. which is close to nothing. i think she'll probably win. i can't think that anyone that writes a become like she did is serious about running for office or governing. >> does it concern you that she would rule out glenn beck as a potential running mate? i guess howdie doodie was busy. >> it's like the rocky and bullwinkle ticket. who would work for someone like sarah palin who has written a

book bashing staffers. i think it's really unrealist toik expect her to command any loyalty in a political class. she may have real america on her side. i don't think those people respect someone who makes -- >> one of the things that is interesting. i'm not interested in the elites, i'm interested in real americans. what are her policy solutions? we want to de-regulate and cut taxes. that's what crashed the global economy. tax cuts, tax cuts, tax cuts and let's create a free for all on wall street. they're not original ideas. they do help some americans. the elites. the elites of the elites. they benefit when you cut their taxes and take away regulations. that's how you make a lot of

money on wall street. this is an old trick. bush used it as well. playing the pop list card. serving the top 1%. >> it gaines ground quickly. >> that rhetoric does. >> i think obama shares some of the responsibility for that. people in the country are angry, they feel neglected. i don't think she would have quite as strong a base as she seems to have right now as some of the proms if some of the promises that obama made on the campaign trail had been acted on more quickly. >> some of the way she's been covered feeding into the notion that there is an elitist agenda against her. i think we have to be careful about that. there's a lot about her to make fun of. i think you have to be careful, it's her policies that are not serious. >> it offends me as a liberal person. i grew up in a working class

family, my father was a truck driver. i went to all city universities. i'm a liberal. does that make me an elitist? glenn beck makes a ga zillion dollars a year. rush limbaugh does. >> she is making money from twitter. the world seems to have to react for this. >> we have to take responsibility. i hope after this week we can stop talking about her. what gives her policy -- >> absolutely not. that's deal breaker stopping to talk about her. >> as long as we talk about her she has the pulpit to preach from. she said the thing about death panels, it resonates with a few people. we covered it. >> it should have been ignored. >> i think we have to be careful about the way that we cover her. a part of her resonates with people strongly. she has a compelling story. >> it's the reality tv drama of

taking somebody out of their natural habitat. take city kids to the jungle. >> candidate swap. >> or take urban people to the country. it's that count mouse goes to the big city, and so that's the drama that she's playing on. >> how much of her appeal is her looks, do you think? >> whoa. she's a very attractive woman. you can't deny that. >> she's pretty. if she was a -- as we say in the neighborhood. you know what that means? an ugly face. she would not have any traction in my opinion. that's because she's pretty. >> it's as if she was created in the laboratory in the basement of heritage foundation. we have a gun-toting barbie

governor. then she started malfunctioning. now she won't go away. >> now she's stepford wife. she's pretty. i think that's why a largely male dominated gop embraced her. if she was a liberal, would that matter? the "newsweek" coverage doesn't help us. i want to criticize her because she has stupid policies and makes idiotic proposals. >> it's a distraction. >> we're not being con descending to her because she's a pretty girl. we think less of her because of her ideas. >> i think men see her in a certain way. >> let's be true here. >> a liberal man from hollywood said the reason people are attracted to her is because she would watch the game with you and cook you dinner afterwards. >> and go hunt and kill the moose, too. naomi and ana marie, thank you.

are terror trials in new york a good idea? we'll talk about it next.

can you understand why it is offensive to some for this terrorist to get all the legal privileges of an american citizen? >> i don't think it will be offensive at all when he's convicted and when the death penalty is applied to him. >> president obama was on the "today" show defending the attorney general's decision to put the 9/11 terrorists on trial in new york.

it's a very complex issue. i am very conflicted about it. as a new yorker, i am worried but as a liberal and progressive, i want full transparency. joining ne is former new york governor george pataki. the president seems certain that the guy will be convicted and probably executed. >> i certainly hope so. there's no question in my mind that he deserves the death penalty. >> we all feel that way. we would like to see an open court. >> the argument i've heard, it's one of the worst decisions i've seen made by an administration if a long time is that we're a nation that is guided by the rule of law and we're going to obey the rule of law. i totally agree with that. since our earliest days, part of the legal system has been military tribunals.

and khalid shaikh mohamed plot ed and planned and it resulted in the deaths of thousands of american citizens. he'll have the right to know who r our witnesses are, sources of information are, what our techniques are. when you give terrorists this information, it gets to al qaeda very quickly. it has in the past. i fear it will here as well. >> isn't there a different between a military tribunal and a military court. mostly war criminals are charged in a military tribunal. when they attacked there was no war? >> i think we've been in a war

against islamic extremists since the 1993 attack on the towers. we had the bombing on the embassy, the bombing of the "cole" and then the attacks on 9/11. we're going to take him, because he blew up people in the united states and give them a trial, but the other terrorists we caught overseas, we're going try them in military tribunals. i don't understand the logic of it. i really fear the security consequences. >> mayor bloomberg says that the city can safely hold the trial. the police do an incredible job. >> we are going make sure everything is done make it safe. my concern is more about what it does to our national security as opposed to our personal security as a new yorker. we have seen, we tried this once before when we captured the blind sheik. information his attorney was

given was leaked very quickly. >> can't we do something about those leaks? why can't he be in solitary confinement without blackberry? i don't understand why that leaked. >> he had a lawyer that lied to to prosecutors who went and told terrorist organizations in egypt the information that had been obtained. we should not be revealing this information to the terrorists in the first place. there's no guarantee that it won't get out there. we have a perfectly legitimate system, military tribunals, that we treat khalid shaikh mohamed like he's an american citizen. he's not. he committed a war crime. he was captured overseas and brought to this country and there's though legal only occasion and i don't think a moral obligation to try him in the criminal justice system.

>> thank you very much for your insight. when we talk to the congressman, ooimt going ask why we can't have a military tribunal. most people don't get it exactly. i'm one of them. >> i understand. thanks for having me on. >> now i would like to turn to congressman weiner from new york. we just talked to the governor and he feeled mohamed should be tried in a military tribunal. why not? isn't he a war criminal? >> we have tried to figure this out for years. i think it's most appropriate that the place where he murdered the people he should come back to face justice. new yorkers should sit in judgment on this guy. that's the way we do justice in the country. the notion that we should be scared of frightened our cower under our desks, that's baloney. what we should do is finally get closure.

we need to bring this guy to justice which ultimately will mean he will be put to death. >> so the only reason you want it to be in new york is because of the transparency? >> it's the easiest thing to do. we have a criminal justice system that handles tough cases all the time. we have a way of collecting evidence, executing trials. we have to be proud of that. we have the worst criminal justice system in the world except compared to every other country. for eight years, we have not had anything resembling closure. this guy has not be brought to justice. now we're hearing, if we hold him for another three or four years, we can figure it out. we know how to do it. we're ready to do it. i think i can find 12 jurors who will put this guy to death. >> how will you get any objectivity in the jurors? >> it will be tough but it will be tough wherever you are.

i have no concern about that. if the guy did the crime, he's confessed he did it, if there's information out there that he did it, i have no problem the that. >> i worry about them coming up with mitigating circumstances. the fact that he was water boarded 183 times. we could lose the case. >> i wouldn't be concerned about the other things. the things that this guy has said without any water boarding at all. i doubt that any evidence they collected without extraordinary measures would not be introduced into the trial. we do these cases all the time. and you know what? bad guys go to jail. in this case, a bad guy is going to get put to death. i see no reason to change that. the alternative we have had at our disposal for eight years. we haven't done it yet. how do you have a war crime trial at the hague? we do these cases all the time. bad guys go to jail and in this case a bad guy is going get put to death. i see no reason to change that.

especially when the alternative is one we have had for eight years. the court is still trying to figure out how you try a war how do you have a war crime trial at the hague? >> what about the fact that you're giving the guy a platform for his followers? i mean, all that -- all of the propaganda is going to come out and everybody around the world is going to hear it. >> you know, we heard that about moussaoui. no doubt about it having a transparent case you let crazy people say crazy things. ultimately we want justice and justice is putting this guy to death. what is a bigger problem that and governor pataki and others saying we're too scared if we have the trial, they're going to hurt us if we have the trial, we can't protect our city if we have the trial. that's the propaganda stuff that bothers me.

justice. >> all right. i hope it's not a circus like the o.j. trial was. i don't think i could stand to see marcia clark again. ha-ha. kidding, kidding, congressman. >> i hear you. i hear you. >> thank you very much. we'll be back in a minute.

it's been five months since michael jackson died yet the web of mystery surrounding his past is still growing. the latest evan chandler father of the boy who first accused jackson of child molestation? 1983 killed himself in his jersey city apartment. joining me to discuss this is roger ready forman who writes the showbiz 41 column. welcome. >> hi. >> this guy chandler, they got a $20 million settlement to not press charges against michael jackson. is that what happened. >> well, the kid got, this is back in 1994. >> yeah. >> the son got $20 million put in trust. >> how old was the boy in 1993 -- or 4. >> he was 13.

then the father who just died got 1.5 million dollars and his ex/wife got 1.5 million dollars and i believe her -- at that time, her husband, her, she was married to someone else he also got $1.5 million dollars as part of settlement. >> why did they get paid off. >> everybody got paid off to keep quiet and never been actually proven what happened. part of it was michael panicked and his lawyers panicked because there was some element of truth to what was going on. >> like what, what was true. >> michael was having a much too close relationship -- michael then in his 30s and having this very close relationship with this young boy. >> uh-huh. >> he was sleeping in his room. >> right. i remember. >> he was sleeping at the kid's house then he was sleeping at each other's house in each other's beds. >> michael insisted it was all nnts. >> how innocent could it be. >> it didn't look right. >> it didn't look right. there was some element of what was going on there. then what happened after this

was over a great article in "gq" by a journalist named mary fisher, she went back and had proof evan chandler this man who just committed suicide and the current husband of his wife then. >> yeah. >> the step-father. >> yeah. >> had conspired to create this situation and that they actually drugged the kid in the dentist's office and got him to say things that weren't true about michael. >> oh. >> so, there was actually a defense for michael jackson at one point that has been used ever since by the jackson fans, something as sort of a template for them that they use to defend michael. >> i see. so, is it possible that this dentist just killed himself he felt guilty about all that. >> it's very possible. >> were you he also was very ill. >> well, he was ill. >> >> yeah but i think it's not a coincidence that michael jackson died four months ago, that the movie is out and the movie has made $200 million, it's everywhere and this point has probably been driven home

that what the chandlers started in 1993 snowballed to the point that it killed michael jackson because michael's problems really began with that incident. that's where everything really start -- went out of control. >> oh, i don't know about that. all his problems? his problems started in his childhood, according to what i've read. >> well, those problems. >> yeah. oh. >> what i'm saying his legal problems, financial problems, the thing began like it was just a snowball that kept getting bigger and bigger. >> i see. >> and started with the chandlers. so, it's interesting that michael has died, that all these things have happened and now very strangely that evan chandler has committed suicide. >> do you think we'll ever find out the total truth about all that. >> yeah, i do think we will find out. >> who is going to it? >> one dha kid will fess up. he's 29 now. what's interesting he had a falling-out with his father completely and is back with his mother who is sort of a nice lady. >> he might have been depressed or whatever. thanks, roger. thanks for watching. good night, everybody. 

breaking news tonight, live, north carolina. a little 5-year-old girl vanishes without a trace. from the child's own home. mommy tells police she left the girl on the sofa, 5:30 a.m., one hour later, the baby is gone. how? how does a 5-year-old girl go missing from her own sofa? the child wearing t-shirt and underwear. shaniya's favorite blanket found discarded, covered in feces in the neighbor's trash. after graining surveillance video surfaces of a 29-year-old man, carrying the child in a local hotel room, the search for baby shaniya comes to an end.

police find her little body hidden in dense woods. the man in the video, mario mcneill, confesses to taking shaniya to the hotel but then clams up. in a heart wrenching and disgusting twist, shaniya's own mother behind bars for selling the little girl for sex. bombshell tonight. was 5-year-old shaniya's life nothing more than a payment on a drug debt? reports emerge mommy owed mcneill money and speaking of mcneill, why was he walking free, able to take the little girl in the first place? he has a rap sheet a mile long, including shooting several people, one in the head and neck, dope, of course, and running over a cop. why wasn't he in maximum security instead of checking into a hotel with a 5-year-old girl? and tonight, we confirm another

twist. after repeat inspections of mommy's house by dfcs, no one bothered to tell shaniya's dad. he had no idea. why did mommy pull the 5-year-old out of school in october? as soon as daddy leaves town? red flags everywhere. tonight, as police hint more charges to come, there really are no words to describe this mother. she doesn't even deserve the compliment of mother. her and her cohorts' animalistic behavior screams out for the north carolina death penalty. at this hour, as that tiny body still sits in a cold morgue, we want justice for shaniya. >> we remember driving through here earlier and smelling something pretty nasty so we

came back to check it and sure enough there were dear carcasses and trash and some of the officers from the virgin islands went through here. >> positive i.d. on the child's body found dumped on the side of the highway. more horrific charges expected any time now. >> you did engage in human trafficking with a child as the victim. knowingly provide shaniya davis with thentent that she be held in sexual servitude. >> you did engage in human trafficking with a child as the victim. knowingly provide shaniya davis with the intent that she be held in sexual servitude. do you understand that charge? >> yes. >> have they told anybody what was the cause of death, byron? >> they actually -- i haven't heard anything. i don't think my father has

either. we're not really sure too much yet. we're still trying to figure it out now. so -- >> there is your dad right there. >> yes, ma'am. >> there is your dad. would you please -- >> i really do want to thank everybody for the support and prayers. it really does mean a lot. you know, we just want everybody to stay as strong as we're trying to. i know it's hard, but for the mothers out there, please don't let this happen to your child. and tonight, live to the heartland. a 9-year-old missouri girl walks home broad daylight from a play date, only about 1,000 feet. never makes it home. the body of 9-year-old elizabeth olten found in a wooded area just houses from her own home. murder suspect in court today. it's a 15-year-old girl. details we learn in court? stunning. including three causes of death.

have you ever had somebody go in and just reach inside you and pull your heart out? that's what it's like. >> breaking news. the 15-year-old girl accused of brutally murdering little 9-year-old elizabeth olten has been certified to stand trial as an adult. now 15-year-old alyssa bustamante is facing first-degree murder and armed criminal action charges that could send her to prison for life without the possibility of parole. >> the sheriff wants first degree charges. he says it's something that was planned. they have written evidence and they talked with the 15-year-old girl. >> malice or premeditation is formed in the blink of an eye, in the snap of a finger. the time it takes you to raise the gun and pull the trigger. >> authorities say she strangled

and stabbed elizabeth to death, feet from her own home. >> the mindset with the killer is preoccupation seeking harm and rendering the victims into a very helpless state. ♪ >> in court moments ago, she sat shackled and silent as the judge read the charges to a teen not even old enough to vote. a teen who may never see the outside of a jail cell, again. for crimes allegedly committed against a defenseless 9-year-old girl. >> the reality is if this crime is premeditated, she's going to be doing some adult time. good evening, i'm nancy grace. i want to thank you for being with us. tonight, was 5-year-old shaniya's life nothing more than a payment on a drug debt? >> the shocking 911 call from

>> the shocking 911 call from shaniya davis' mom. crying over her 5-year-old daughter. the same mom now charged with selling that beautiful little girl as a sex slave. giving her 5-year-old up as a prostitute. >> i kissed her good-bye and told her to be a good girl. she turned back to me and said, i love you aunt carrie. see you later. >> my father recently gave her, antoinette, a chance to give the mother a second chance to raise her daughter. i mean, everybody deserves a second chance, just like a convicted felon. i mean, he deserves a second chance because he could have changed.

>> i ask you to give me and everybody that loved poor shaniya, my little baby, my angel, the strength to continue on. >> straight out to gurnal scott with wptf radio joining us from raleigh, north carolina. gurnal, thank you for being with us. please tell me i'm wrong. reports emerging tonight the life of 5-year-old shaniya was worth nothing more to the mother than payment on a drug debt. >> i hope we can tell you that you're wrong. we do know looking back there is a connection. antoinette davis and mario mcneill have been together, they

hung out together. there may have been a debt that needed to be paid. we are understanding she may have owed him money. you, i, everyone are finding it hard to believe that a little girl's life could be used as payment. we don't want to believe that. >> marlaina schiavo, our reporter on the story. let's see if we can add two and two together tonight. okay, work with me. number one, we know, according to you and your sources last night that drugs were allegedly sold out of the home, number one. two, we know mario mcneill, the 29-year-old man caught on camera taking the child into a hotel room, had a drug history. he's got a rap sheet as long as the interstate. all right. we know she hands over the baby. according to police, to mcneill to be a child prostitute. what more do i need to know, marlaina?

>> as a result of the drug raid that happened over the summer, they found instruments in the home to manufacture drugs out of her home. we know people were in and out of the home selling drugs. she had dealings with mcneill before shaniya disappeared. you add all that up, with what cops are saying she owed him money, you would have to conclude that possibly she owed him money for drugs. not confirmed. >> that is what sources are telling us tonight. >> to matt zarrell, our producer on the story. matt, let's talk about mcneill for a moment. what is his history? >> it's a mile long. it started in june, 2001. he was arrested for shooting someone in the face, neck, shoulders and arms. >> whoa, whoa, whoa. shooting someone in the face, the neck, the shoulders, the arm? if i'm correct, matt, two other people, that makes three people were injured in that shooting incident. >> yes, you're right, nancy.

now, what happened was he was out waiting on trial. about a year later he was arrested again, this time for drug possession. >> stop, pause. pause, pause. >> did you just say he was out waiting for trial? in other words, a judge let him bond out on a shooting, a multiple shooting, correct? >> yes. all right. go ahead, please. put the rap sheet back up. >> they consolidate the two cases. he pleads to two lesser assault charges and lesser drug charge. he's given 40 months of probation for shooting someone in the face. >> straight probation for shooting somebody in the face and drug charges. all right, but it doesn't end there, does it, matt zarrell? >> no, it doesn't. just a couple months later he violates his probation. he is arrested again for drug possession. he violated his probation.

he is sent to prison. he is sent from prison from october 2003 to may 2006. >> so, this is the man pictured carrying little 5-year-old shaniya in his arms, into a hotel room. thanks, mommy. >> you can see from when mario was carrying her, how shaniya's hair was. in the car, when shaniya had her hair slicked back, to her birthday parties to her halloween costumes. shaniya was well kept with my father. he took very good care of her.

have they told anybody what was the cause of death, byron? >> they actually, i haven't heard anything. i don't think my father has, either. we're not really sure too much yet. we're still trying to figure out that now. >> there's your dad right there. there's your dad. >> yes, ma'am. >> would you please -- >> we really do want to thank everybody for the support and prayers. it really does mean a lot. you know, we just want everybody to stay as strong as we're trying to. i know it's hard, but for the mothers out there, please don't

let this happen to your child. >> not only do we learn that mommy handed over her 5-year-old little girl, shaniya, to a convicted felon, according to police, we also learn that dfcs, department of family and children services had been to the home on several occasions, but nobody bothered to tell daddy. he's been gone about five weeks at the time of the kidnap, leaving his daughter at the home to allow antoinette davis a second chance at being a mom. almost immediately she takes the child out of school. red flags everywhere. we are taking your calls live. let's unleash the lawyers. joining me out of l.a., gloria allred, family law attorney, victim right's advocate. renee rockwell, veteran defense attorney and multiple jurisdictions including atlanta, and out of the new york jurisdiction, defense attorney alan ripka. weigh in, gloria. >> well, it's really

interesting. first of all, why, nancy, did not the child protective services notify the father? what, in fact, is their policy when one parent is being investigated? of course, they have a privacy policy, but should that extend to the other parent? i don't think so. i think they should have notified them. >> let me see gloria, two words, they're sorry. they didn't do their jobs. come on. when this child is exposed to that type of environment and you don't tell the primary custodian, the father, you drop the ball. you really think, renee rockwell if that father had known what was going on inside that home, he'd let the girl stay there for five weeks? >> nancy, here's the disconnect. dss was actually investigating some problems that were with the 7-year-old son. so i don't even think dss knew that the little girl was in the house, nancy. >> put rockwell up. renee, you and i have both handled cases that touched on

dfcs. you know one of the first questions they ask is, how many children do you have? one of the first questions. >> and nancy, he cannot -- the father of this child cannot beat himself up because -- >> nobody asked him to. it's not his fault. >> i know that. he's upset about this. he tried to do the right thing. you're absolutely right. it's down to resources and, again, dss -- >> put her up. okay, did you hear that, ripka? renee says it's resources. i think somebody didn't bother to pick up the phone and do their job. now we're all monday morning quarterbacking. what about it, ripka? >> nancy, at the end of the day if the father of this child thought the mother was on drugs or involved with drugs he would not have given her another opportunity with the child. >> i know that. >> furthermore, she doesn't sound like on the 911 tape she's on drugs nor the way she appears on the tape when she's being indicted. >> is that supposed to convince me of something that she didn't sound stoned out of her gourd when she called 911?

obviously according to police this was a planned phone call. she managed to keep it together for the three minutes she was on the phone call. >> she has no history of drug abuse in the home, so it does not seem likely drugs have to do with this, nancy. >> okay. correction. back to you, marlaina schiavo, isn't it true that we have been told by multiple sources that drugs have been sold out of the home and drug paraphernalia was found in the home and dfcs checked out the home because of a drug report? >> that is all correct, nancy. >> okay. we are taking your calls live. out to phyllis in tennessee. what's your question, dear? >> caller: hi, nancy, it's so nice to talk to you. >> likewise. >> caller: i was talking about shaniya's dad. he said he didn't know that that trash had taken their daughter out of school. okay. why didn't the school contact him? i don't understand this.

i mean, around here, if our kids are out of school and we don't call and give a reason, they call us. >> phyllis, you are so right.

we have talked about social services. i feel if they knew or were aware of this case, a phone call saying that this was the type of environment, i don't know the whole case with shaniya's mother and social services at this time. but if -- i feel if they would

have known they should have contacted me. >> tonight, we learn shaniya's father blaming himself for her death. to jeff gardere, dr. gardere, psychologist, author of "love prescription." why, why is the father blaming himself? there were red flags everywhere, but nobody waved them in front of him. >> well, he's blaming himself, nancy, because he felt that he gave the mother a chance to get herself together and, perhaps, it was the wrong judgment call on his part. so, i can understand where he's coming from, but he should not be blaming himself. >> isn't that common, dr. jeff, that the survivor, the loved ones always feel like there was something they should have, could have done to stop what happened? >> oh, absolutely. >> he had no idea this moron mcneill was going to come into the picture and his wife has a drug debt, allegedly.

he didn't know that. >> he's going to be blaming himself for a long time. my message is do not blame yourself. come together with your family and grieve in the proper way. we can all learn from this. >> very quickly to former chief of police, boca raton, vp of scott robertson associates. sir, thank you for being with us. i want to ask you about phyllis in tennessee's question. the child was taken out of school for weeks, but nobody contacted the primary guardian. >> that's a problem. it's a problem on several accounts. with regards to first and foremost, nobody from the school checking in on the parent and on the child as to why the child was pulled out. secondarily, the father has just as much right to know what the condition of the student is, and particularly being his child, he should have known as well. both -- the system has failed completely on many levels for this child. >> on many, many levels. >> to dr. oliver, former deputy investigator, forensic pathologist. dr. oliver, they're telling me tonight they haven't finished the autopsy. that is complete b.s.

it does not take three days to do an autopsy. it doesn't. maybe they are waiting on toxicology reports. why would they even say that, because they don't want to release the outcome yet? >> that's correct, nancy. it only takes about two hours to complete an autopsy. apparently they don't want to release the results because it interferes with the evidentiary gathering at this time.

you're also charged with felony child abuse. do you understand that? >> yes, sir. >> human trafficking, ma'am, is a class "c" felony. it is punishable by 261 months in prison. do you understand that? >> yes. >> no further charges will be forthcoming until the jurisdiction has been determined. >> north carolina prosecutors aren't filing any other charges against the mother of 5-year-old shaniya davis, not yet, at least. antoinette davis is charged with human trafficking and child

prostitution. a man caught carrying the child is facing kidnapping charges. they said more charges will follow. they did say they feel they have the two main key players in shaniya's disappearance behind bars right now. >> i know you guys have seen the mom in court. you've seen the video of that guy and mario mcneill with her. you guys knew antoinette. how could she just hand the baby over, byron? >> that's something, i mean, it's hard to believe a mother would just hand a child over to a complete -- i don't know. she was real giggly. once she got to know you. she would not go to any stranger, no male at all. she was real giggly.

she was always laughing. once you get her talking, she would not be quiet. she would talk you to death. she would take every female, my girlfriend, to female friends that would just come over to visit, aunts, grandmas, and take them in the back and try to do makeup with them, show them all her toys. shaniya just was always laughing. you could never see a frown on her face. >> we are awaiting autopsy results tonight. that tiny body is still at the morgue. we are taking your calls live. sonia, oklahoma. hi, sonia. >> caller: hi, nancy. thanks for taking my call. >> thank you for calling in. >> caller: i'm curious about the custody agreement. if the father had sole custody, can he be charged with leaving her with that monster and not notifying the court where the baby was? >> interesting question. i don't believe the mom had any type of formal custody. what about it, marlaina shy you? >> we -- no. there was no formal custody

between the two. i think it was more between the two of them and their agreements with each other. >> what about it, gurnal scott, joining us from wptf? >> we know of no formal custody agreement. it seems to be something the two of them figured out. and again, he trusted her and said, i'm going to let my daughter stay with you. >> bottom line, gurnal, true. she may be alive today, she would be alive today if he hadn't left her there. that's true. you can't blame him for the criminal act of the mother allegedly and mcneill, the doper, the convicted felon. you can't blame him for what they did. yes, in retrospect, he shouldn't have left her there, but he did not murder the child. there's no doubt in our minds about that. back to the lines. susan, missouri. hi, susan. >> caller: hi, nancy.

my question is regarding the school. we discussed school, the child was not in school. >> right. >> caller: but my question is, was anybody from shaniya's family on dad's side calling or seeing her, contacting her within this five-week period, if the mothers of so drugged out all the time? >> what about it, matt zarrell? what do we know? >> we have been hearing the aunt would take her on the weekends occasionally during the five weeks. she would see her. we have heard allegations -- >> hold on. when you say the aunt, you mean the father -- the bio father's sister who we saw speaking earlier? >> yes. >> yeah. she took the little girl quite often. go ahead. >> there were allegations while shaniya was in the home, there were burns that shaniya suffered. we talked to the father. the father denies that. he said shaniya suffered from eczema and it appeared to be burns but it was not burns. >> to coca in alabama.

hi. >> caller: i want to tell you i love you so, so much. i have been trying for so, so long to get ahold of you. thank you for being an advocate for the holloway case and caylee anthony and all the cases you do. you aspire me and after this, today -- i work at a telephone company for almost ten years. i said i'm going back to school -- i started out with criminal justice and i want to be a prosecutor like you. the mom, my question is, how come they haven't filed murder charges on the mom? >> cocoa in virginia. number one, other than being called mommy, that's one of the nicest things anyone has ever said to me, what you just said. but, why are they waiting? i think they are waiting to identify the body. i think they are going to come out with a formal announcement

that this is her body and a formal announcement of cause of death. in that indictment, let's go to the lawyers. gloria allred, rene rock fell, alan ripka. there may be other charges they are waiting on, gloria allred, such as they may be waiting on a sex kit, rape kit comparing dna back to mcneill. if so, there's rape charged and sodomy charge and the mother would be charged in that if the charges will handed down. >> depending on where the evidence leads. we don't know what evidence they have. could we stop calling it sexual servitude and call it what it should be called, sexual slavery. there are a lot of children sold into sexual slavery. it's shocking we don't hear more about it. we're going to have to find out what the evidence is that will support further charges against the mom. >> liz, let's put those stats up about sex slavery amongst children.

i don't mean over in some other country. i'm not talking about bangkok, far, far away, a place you may never have been. i'm talking about right here in america where this little child was going to be used before she was murdered. i want to go to renee rockwell and alan ripka. why the delay in the murder charges, renee? >> my understanding is they are trying to decide where the murder actually took place. they need to hurry up. both of these individuals have bonds. >> i'm sick about that. >> if they make the bonds, they're out of there. >> i'm sick about that. the reality is, renee, one has a $50,000, translation, $5,000, one has $100,000, translation $10,000 bond. look, if she was selling her daughter for a drug debt on a hit of crack, she doesn't have $10,000. she doesn't have two pennies to rub together. >> nancy, maybe not her, but he's out of there.

if somebody goes to a bonding company and makes a promise, he's out of there. >> you know what? you're right, renee. i think the bond is way, way too low. i don't know what that judge was thinking. to alan ripka, defense attorney, new york. another reason they may be waiting on the formal charge of indictment, because they may be researching aggravating circumstances. they are not afraid of the death penalty in north carolina. >> they certainly are not. on the other hand, if they determine the baby was kidnapped from the mother's house, then she's never going to be charged with murder and the tape showing the child going into the motel did not include the mother, so, in fact, she may not be charged with that at all. >> put ripka up. alan. >> yes. >> we already know the entire 911 call was a fake. so, why are you saying -- i want you to look in the camera, right? you're speaking to your friends, your colleagues, people that don't even know you. why would you say she didn't know what was happening? >> because there's no evidence

that she knew anyone was going to be murdered. at all. >> it doesn't matter. if she handed that child over for child prostitution and the child ended up dead, that is a felony murder. a death occurred in the commission of a felony. >> if, in fact, that's proven, you're right. you have to prove she was handing the child over. >> let's address that. what do we know that suggests the mother knew? >> well, what we are seeing is, well, like you said, with the 911 call, the mother may have faked that 911 call. we don't know that for sure, yet. police are researching that. it's still all tied up in the investigation. we don't know who's in charge and we're going to have to find out what people know in order to get to the truth of that. >> as you know, everyone, november, national alzheimer's awareness month. over 5 million in the u.s. live with it. the seventh leading cause of death in the u.s. it's a brain disease.

progressive, fatal, no cure. warning signs, confusion, memory loss, misplacing things, changes in mood, personality. early diagnose, crucial. for information go to alz.org.

9-year-old elizabeth olten was brutally murdered walking home from a play date just feet from her house. the alleged killer, 15-year-old alyssa bustamante, just charged as an adult with first-degree murder. >> the fact this juvenile didn't call in and say there was an accident leads me to think this is something way more nefarious than that. >> a 15-year-old girl is the murder suspect? not just murder, premeditated malice murder one suspect. this was planned. >> bustamante now facing life in prison without parole for allegedly strangling and stabbing elizabeth olten. elizabeth's body found in a nearby wooded area. >> the youtube profile page lists her hobbies including cutting and killing people.

the youtube page also contains disturbing video allegedly showing the teen girl suspect giving herself shocks from an electrified fence on purpose. >> a police officer testified in court that bustamante testified to killing elizabeth because she wanted to know what it felt like to kill someone. >> she actually told the police that was her motive? she wanted to know what it felt like to kill somebody? also tonight, we are learning there is evidence that she lured the little girl, a little 9-year-old girl into the woods that she had dug a shallow grave several days before in anticipation of murdering this little girl. elizabeth olten. you are seeing photos that have just been obtained today, up until today because the alleged perpetrator, a 15-year-old girl is a juvenile, we haven't been able to show you her face. here she is in all her slender and glory. ladd egan, news director, anchor at krcg in court today.

ladd, what happened in court? >> 8:00 in the morning, there was a certification hearing. she came in shackled in an orange jumpsuit. it was to decide if she would be better served in a juvenile or as an adult. at the end of the hearing the judge said she'll be tried as an adult. she was immediately rearrested by the sheriff there and taken and reprocessed. a lot of bombshells came out in the court proceedings. one of those we learned is that the highway patrol investigator said that five days before the

murder on a friday when school was out, she went out into the woods and dug two graves. five days then passed. the weekend. she went back to school for three days before the night of the alleged murder. we also learned in court the highway patrol investigator said that alyssa bustamante told him he did the murder, murdered elizabeth olten, the 9-year-old because she wanted to know what it felt like. >> okay. motive evidence out the ying-yang. of course, not that the state needs to prove motive. to ellie jostad, chief editorial producer who's been on the story. three causes of death. one wasn't enough? >> in the indictment, she's charged with first-degree murder and armed criminal action. in the indictment they allege she strangled, stabbed and cut the little girl's throat. >> okay. rupa mcmainny from our staff, on the story from the very, very beginning. the evidence is suggesting she lured the little girl out to the woods to kill her. isn't it true her family had been concerned she spent so much time in the woods? >> that's right, nancy. we have heard from neighbors in the community close by that observed, first of all, that the

two young girls, the 15-year-old and the 9-year-old -- >> hold on. i want the viewers to know, you're seeing video that this girl now charged with murder one of a little 9-year-old girl, this is video she, herself, posted on youtube or myspace showing electrocuting herself and her little brothers on an electric pence. nice. okay, rupa. >> the 5-year-old and 9-year-old -- neighbors say alyssa bustamante is quite thin, quite small, no way she could have dragged the body of a 9-year-old, maybe 60 pounds, 300 or 400 yards outside from the house into the woods where her body was found. the theory is that the 9-year-old was lured by bustamante. >> to dr. howard oliver, dr. oliver, stabbed, strangled, throat cut. why? why three alleged causes of death?

can you tell which one was the actual cause of death? >> not all wounds are necessarily deadly. the autopsy will tell which was deadly. maybe all three were deadly. apparently, she wasn't successful at killing the other child with one or two methods and had to revert to a third method to finish the little girl off. >> elizabeth olten, 8 years old. on her way home, broad daylight, from a little play date. turns out the play date's older sister is bustamante, the 15-year-old now charged in her brutal murder. unleash the lawyers. gloria allred, renee rockwell, alan ripka. tonight we learn she will be treated as an adult. there is a chance she can get out in six years. once there has been a plea or a conviction, in this case, the judge will then determine

whether she will stay in juvenile or be treated as an adult in the adult penal system. it's called duel jurisdiction. what do you think about that? she could walk in six years. >> that's right. because if she's treated as a juvenile, then she could walk at age 21, and as an adult she can get life imprisonment without the possibility of patrol. and so my sense of it is it is highly likely she will be treated as an adult. >> renee, allen. first to you, renee, let me guess, she's crazy, right? >> what else is there? >> at least you're honest. at least you're honest. what else is there? why do you say that, renee? when there's absolutely nothing you can say, you say insanity. >> nancy, she's not going to be use anything else like some type of self-defense. you have a situation now that she spilled the beans.

she's talked about a grave, two graves, nancy, that she dug five days in advance. can you say premeditation? the very fact she's been certified to be tried as an adult -- she's clearly facing the pocket that she will spend the rest of her life in jail. >> renee is right. you can get live without parole even if you are a juvenile at the time you commit the offense. what's your best defense? i shutter to think who will be in the second ratio. >> the statement will be thrown out. that statement will be thrown out because the officers shouldn't have taken it because she was a minor and as a result of not having that statement, they will not have corroborating evidence to get prosecution in the case. >> do you have any idea whether anybody was with her like a guardian or a lawyer? you don't, do you? >> there wasn't. there has been no reporting. >> that's a big fat no to me. >> assuming there was no guardian and this officer

improperly violated her rights. >> everybody, on a happy note, happy 86th to florida friend, clair. a mother of two sons and loves hln, movies and playing cards with the girls. happy birthday, beautiful, beautiful clair.

>> okay. i'm about to grab this with my hand. >> that's what all normal 15-year-old girls do in their spare time. they shock themselves on an electric fence on you tube and post it along with shocking

their little brothers. that is video from you tube of bustamante shocking herself. that is not going to come into evidence, defense attorneys. hi, amy. >> caller: hi, nancy. how are you? >> good, dear. what's your question. >> caller: how have we not had any responsibility to the 15-year-old's parents? i have three teenage boys and if they get detention, i want to know what's going on in their life. >> good question. what do we know about her home situation? >> we don't know much about her parents. we know her grandparent has been her legal guardian for about years since 2001. >> hold on, miss ellie. my grandmother, god rest her soul, helped raise me.

if anyone is casting that as part of the upbringing, that's no good. do you think that will come up in trial? gloria? >> no, i don't think it will come up with in trial. it's about her responsibility, the defendant's lack of responsibility or what she did and that's not it. >> rip ka? >> i will have the grandmother on the stand or family member discussing what she has been like and why she did this stuff. >> when will this go to trial? >> december 7th is a court date, but that's a status hearing. >> let's stop and remember army specialist jonathan welch, 19, yorba linda, california, killed afghanistan. wanted to be in the army since he was 6. loved music, especially punk rock. leaves his parents and brother and sister. jonathan welch, american hero. thank you for inviting us into your homes. see you tomorrow night 8:00 sharp eastern. until then, good night, friend.

i'm a.j. hammer in new york. levi johnson's sarah palin slam caught on tape. this is your first look at eve leaf eye's photo suit. >> a major figure who caused big trouble for michael kills himself. this is tv's most provocative news show firing up at the top of the hour here on hln.