>> right now on "showbiz tonight," hollywood at war over sarah palin. why hollywood is drawing a line in the sand over whether to support sarah. >> she would probably make an excellent host. >> she is a very boring person to me. >> at war over palin, "showbiz tonight" dares to ask, is levi johnston actually a bigger celebrity than sarah?

will donald trump save carrie prejean. is the former beauty queen reaching out for career advice to donald trump after her sex tape scandal? "showbiz tonight" investigates. the great debate after johnny depp is named people's sexiest man alive. why wasn't robert pattinson chosen. the shocking results of our poll. i'm aj hammer broadcasting tonight and every night from new york city. >> i'm brooke anderson from hollywood and tonight, hollywood at war over sarah palin. >> "showbiz tonight" is revealing how much sarah palin is dividing hollywood as she storms the country on her tell all book tour. wait until you hear what martha

stewart told us about palin. talk about a smack down. it was a brand-new jaw dropping revelation about sarah's arch nemesis, her almost son in law, jeeve e jeeve -- levi johnston. >> more than a year ago republicans used the word celebrity to mock barack obama. now there is someone from the 2008 presidential campaign who is getting massive ratings, selling tons of books and causing a major stir in hollywood. the celebrity is not president obama. it's former republican vice presidential candidate sarah palin. >> she is on every program whether it's cable news or whether you turn on network news or the entertainment shows. whether you turn on the late night shows. it's all about sarah palin this week. >> who is a celebrity now? >> sarah palin.

>> "showbiz tonight" learned that palin a's appearance on oprah, the first big interview about her all gave oprah the highest ratings in two years. her star power had the queen of all media looking in her rear view mirror? >> should i be worried? i heard that you are going to get your own talk show. >> if oprah is worried, maybe hollywood should be too. sarah palin might be coming to take over. "showbiz tonight" can tell you her white hot celebrity is splitting hollywood between those like donald trump who said she's got the right stuff. >> i watched her and i think she is doing a good job. >> those like martha stewart can tell "showbiz tonight" that palin does not belong. >> i wouldn't watch her if you paid me. >> she ripped palin apart when we caught up with her. >> she very boring to me and to

me kind of a dangerous person. she's dangerous. >> other stars disagree with martha. "showbiz tonight" was there in hollywood last night at the men of the year party where the star of "the office " that pail up was made for tv. >> she would be a good rachael ray type. >> sarah silverman said she is not setting her tivo just yet. >> i could not care less. >> sarah, tell us how you really feel. >> joel mchale did. he spoofs talk shows on his e show, the soup. >> i think she outrated me in everything this week for all the ratings for the soup. >> some celebrities who disagree with her so much there is no way they will welcome her. other celebrities like donald

trump who understands the media. he understands she would give great ratings if she came on his show. politic aside and whether you agree or don't, there is something people are drawn to about her. >> the big question is, does sarah palin want to go the celebrity route? in her interviews this week with barbara walters, she revealed she got all kinds of offers. >> reality shows -- >> you said no to that? >> absolutely not. i would never. >> we don't know yet if she has hollywood stardom in her eyes, but based on what the stars are telling "showbiz tonight," she is just as polarizing in hollywood as she is everywhere else. >> there you have it. hollywood divided over sarah palin, the star. the "showbiz tonight" exclusive with martha stewart and her sarah palin smack down is incredible. rachel is a contributing editor

and hyla is a journalist with $5 prep.com. you just heard some of martha stewart's smack down of sarah, but let me you, we got a taste of the exclusive. here's a lot more. "showbiz tonight" exclusive asked martha what she thought was a simple question. jenny could not believe her ears as martha wouldn't let it go. watch more of this. >> why do you think she is so polarizing to so many people? >> she is very boring to me. to me kind of a dangerous person. i mean she's dangerous. >> in what way? >> she is so confused. anyone like that in government is a real problem. >> meanwhile they say her book is say bestseller. >> good for her. good for her. >> have you been able to catch her interview? >> i wouldn't watch her if you paid me.

>> martha turning up the heat there. as i watch this, i was thinking hey, martha, what did sarah palin do to you? >> if sarah palin got a talk show, she would whoop martha stewart. even oprah said it. are you going to be my competition hollywood is never going to accept sarah palin. the rest of the country loves her and she could rival oprah on the talk show circuit. >> how do you think sarah would respond to martha who is saying that she is boring, she's dangerous? >> i think she would say martha, that's funny. the woman who thinks cake stands and sconces are fascinating is calling me boring. sarah palin is probably the most famous woman in the world this week. i think martha is not keen on that.

>> i love the dangerous thing. who has been to prison. >> exactly. >> who are is more dangerous right now? obviously sarah palin is getting under martha stewart's skin. what she told us became a viral video. it is everywhere and the phone lines have been on fire over this. ellen from california said shame on martha. >> regarding the idiotic comment made about sarah palin, would she be able to sell the number of books sarah palin is selling? no. would she give oprah winfrey the highest ratings in two years? no. how can she say sarah palin is boring. i wouldn't read martha stewart's book if she paid me. there, martha. >> ellen from california had it right when she said the interview scored over her biggest ratings in two years. hyla, why do you think she has it in so for sarah palin?

>> i don't know. there is an ego factor. we know martha stewart has a big ego and a little bit of a chip on her shoulder and not afraid to go toe to toe with donald trump or whatever else she has a beef with. she likes to pick on this girl. good for her because now we are talking about both of them and giving them both publicity. >> martha is not playing nice at all. this girl is siding with martha stewart. >> caller: hooray for martha. she's great. she is dangerous. martha knows best. >> i have to say a lot of people hate, hate when big stars speak out like this. take a look at this video just in. the "showbiz tonight" of sarah palin greeting her fans in michigan. could her comments help sarah palin? >> yeah. i think the big issue right now

is sarah palin is on a book tour, but is she running for president? hollywood has a hard time with her and martha stewart and a lot of people are opposed to her. don't let it get lost that she launched her book tour in michigan, the state she had the huge conflict with john mccain over. >> a lot of people in hollywood not afraid to express how they feel politically. we will leave it there. thank you both so much. don't go anywhere. we will have a huge debate that you don't want to miss. coming up, sarah versus levi. who is the bigger celebrity? it is our question of the day. sarah palin versus levi johnston. who is the bigger celebrity? e-mail us. >> carrie prejean needs help. is the former beauty queen asking for advice from donald trump on how to deal with her career after that sex tape

scandal? johnny depp named the sexiest man alive. is johnny sexier than robert pattinson. miley cyrus disses. >> i don't like the vampires and the wolfs that pop out while i watch my television at night. i don't like it. >> your fans are probably twilight fans too s. this a great idea? it's time for the news ticker. more stories from the newsroom making news right now. >> you are watching "showbiz tonight" on hln.

watch the bottom of your screen for compelling and provocative news from "showbiz tonight."

. will ferrell, you are not worth your paycheck.

not according to me. i'm a fan. the forbes list of overpaid stars is out and will is number one. for every dollar he is paid, his films make $3.29. he starred in land of the lost and it was a bomb. they are doing an old school too. maybe that will help will out. i'm with brooke anderson in hollywood. the hair pulling mean girl soccer player speaks. we have all seen this video at the university of new mexico with elizabeth doing nasty things including grabbing a woman by her ponytail and yanking her down. this is the first time you see her opening up. >> it was the ponytail pull that floored everybody who saw it. ponytail pull and punch that became a late night punch line.

>> watch this. >> this display of rough action and hair pulling caused sports fans to stand up and say hey, maybe i should watch women's soccer. >> elizabeth lambert was called most violent and cheap shot and now she gets the bully bull pit. >> she is trying to say she is not the monster portrayed in the video. >> she gave her story only to the "new york times," no media circus. >> she came across as remorseful and stunned not only that this happened, but she was the who did it. >> speaking of the hair yanking, she said i would like at it and that's not me. she is seeing a psychologist, suspended from soccer and her roommates try not to let her get near a computer to avoid vicious comments or reenactment or making a dating video. >> i'm thinking about putting

the soccer ball in the shop. >> you think all i do is play soccer. get back her! >> she is stun and scared by the vehement comments like this. >> you should be taken to a state prison and rape and left to die on the side of a ditch. >> she pointed out except for the ponytail yank, the rest was normal jostling that takes place that she was el boyed in the ribs before whacking back and her opponent tugged at her shorts. she said it got blown out of proportion because it was a woman doing it. if it was men's soccer, guys are expected to be rough. then all the cat fight comments like this from wiener guy. she is appalled it's portrayed in a sexy way. >> we have to beat them up. >> she looks like a j crew model and the model of remorse that can take a time to live down

this take down. >> what happened to linda? she was here a second ago. >> here's the thing about lambert's on the field nastiness. i have been wondering how they missed that. i can tell you, we have a cat fight of our own going on on the phone lines. the big issue today, johnny depp being voted the sexiest man alive by "people" magazine. >> folks are fired up. is johnny really the sexiest or should the honor have gone to twilight star robert pattinson. jennifer in alabama said people got it right. >> i think the magazine made an excellent choice. i always loved him and think he is one of the best actors and i'm looking forward to him getting an academy award. they made a good choice. >> now clarissa in texas called to say robert has to wait his turn. >> caller: i believe that robert

patin son is sexy and hunky and in a couple of years he will be the johnny depp of our new generation and get people's sexiest man alive. >> let us know what's on your mind. >> our phone lines are always open. 888-sbt-buzz. leave a voice mail. we will play your calls right here on "showbiz tonight." tonight, the brand-new sarah versus levi war. just who is the bigger star? it's the "showbiz tonight" fired up debate and is just around the corner. will these two really have a turkey truce? sarah did invite levi over. the raging debate over the sexiest man of the year. they picked johnny depp and the phone lines went nuts. was twilight's robert pattinson robbed? we have the great debate.

miley cyrus trashes twilight. >> i don't like any of the stuff. i don't like the wolf that pops out on the screen when i'm watching my tv at night. i don't like it. i don't want anything to do with it. >> you won't find vampires at her party in the usa or anywhere. is it a bad move for mile to diss a movie her fans are probably totally obsessed with? >> the "showbiz news ticker" with more stories from the newsroom making news right now. >> you are watching "showbiz tonight" on hln. keep on watching the bottom of your screen for more nonstop, compelling and provocative news

from "showbiz tonight."

. >> >> kate moss is being slammed by eating disorder activist over something she said. in an interview she said her motto is "nothing tastes as good as skinny feels." that's a slogan posted all over pro anorexia websites that encourage girls not to eat. they call her comments shocking and irresponsible. her agency said this was part of a longer answer kate gave in a wider-ranging interview that has unfortunately been taken out of context and been misrepresented. >> patrick swayze's wife is speaking out about his battle

with pancreatic cancer. they were married for 34 years before his death at the age of 57. the statistics are grim. only 5% of people diagnosed are alive after years. she said it started when patrick had indigestion and jaundice. he went to the doctor right away and the news was not good. >> i didn't know a lot about pancreatic cancer and he did. when he got the diagnosis, the first thing unfortunately because of the cancer, he said i'm a dead man. it's a really tough, tough merciless disease, especially in the advanced stages which he was diagnosed. >> he lived for two years after his diagnosis. >> he got lots of accolades in his career and he was even named "people" magazine's sexiest man alive. this year the honor went to johnny depp and the facebook

page is overrun with comments. they named johnny the sexiest man for a second time and got the title in 2003 and some of the facebook fan his their own ideas. rebecca said it should be johnny depp every year even when he's 80. a lot of people think a.j. hammer deserves the title. i agree. for breaking entertainment news alerts. sign up for our facebook and twitter pages. >> nobody voted that, come on. here's what's coming up at the bottom of the hour. carrie prejean needs help. is she asking donald trump for advice about her post sex tape career? didn't she just diss him? the great debate whochlt is the bigger deleb rity. also chez bono. the former chastity bono speaks

out about the decision to have a sex change. now the news ticker and more stories from the newsroom making news right now. >> keep watching the bottom of your screen for more compelling and provocative news from "showbiz tonight."

. >> now on "showbiz tonight," the sarah palin-levi johnston war. she is a former vp nominee a. >> carrie prejean reaching out to donald trump in the middle of a sex tape scandal. didn't she diss him and will the donald help her? >> i don't like vampires and any of the stuff and the wolf that pops out on the screen and i don't want anything to do with

it. >> miley trashes twilight new moon. it's probably something her fan are obsessed with. is this a bad idea. >> tv's most provocative entertainment news show continues right now. welcome back to "showbiz tonight," it is 30 minutes past the hour. broadcasting tonight and every night from new york city. >> i'm brooke anderson from hollywood and tonight it is sarah versus levi, the great celebrity debate. >> brooke, it is the battle of the century. sarah's gone rogue and levi's gone hollywood. the dueling star power. she is hitting the road for a bus tour all to push her tell

all book. levi johnston is revealing his "playgirl" photos. the heated debate. is levi a bigger star than palin? talk of a palin-levi turkey truce? levi was pressed for answers on whether or not he will take palin's invitation to come to thanksgiving dinner with the palins. levi said he has been invited to appear on "dancing with the stars." i've got to say, are you freaking kidding me? rachel is a contributing editor for live and style weekly and also in hollywood, hyla, an entertainment journalist for $5 prep.com. two images are straight out of hollywood and i mean that literally. we will do a split screen for you. on the left side, levi johnston spiffed up and living it up for the cameras.

these are the gq men of the year and show biz was right there with him. on the right we have sarah palin standing in front of thens of adoring fans as she embarked on her book tour. off to you, hyla. is levi a bigger celebrity than palin? >> we are getting excited with him in play girl and the bubble of hollywood. he's a big talk of the town. we talk about famous nationally, internationally, this guy doesn't come close. when i travelled to europe this summer, people would come up to me and say what's up with this sarah palin person? are you guys taking her personally? she is on a much bigger scale. the things she does could affect our lives on a daily basis. whatever levi does is fun to take care of. >> in my hands, the ratings in for oprah winfrey's show with sarah palin that aired on monday, get this.

sarah gave oprah the highest ratings in two years. that's a big deal. estimated 10 million people tune in to see sarah palin on oprah. >> she's had jennifer aniston on and mike tyson just this season and big mega stars. you will not see that levi johnston is bigger than jennifer aniston. >> let's not count him out. he did just turned the fame back his way by releasing the first photo from the naked "playgirl" shoot. do you think that levi is stealing sarah's spotlight. >> absolutely. i totally disagree with hyla. we expect her to be famous and she has a book. he got a girl pregers and he is going toe to toe or to tush with palin in the press. this guy is huge this week. every cover and every interview and reality shows.

it's insane. >> but if huh to go on her coat tails, she is more famous. >> watch your word choice when you talk about a guy who posed for "playgirl." our phone lines are firing up over the levi and sarah dual. nicole from texas who thinks that sarah is to blame for the rise in levi's stardom. >> sarah palin needs to be the adult and not feed into his immature behavior. she is making herself look really, really bad at this point. she is supposed to be the adult. >> we appreciate your call. let me ask you this. could sarah be to blame for fueling levi's rise to stardom? >> no question. i could not 83 with our caller nicole more. levi is kind of a joke.

with ripped biceps, but a joke none the less. the more sarah palin responds, the more people pay attention to him. he has yet to show he has depth or talent. without sarah palin, his tick et to stardom expires. >> brooke, calling it like she sees it. after sarah did oprah, he was interviewed this week. sarah revealed she had gotten offers to do reality shows. there is a blog called dish rag and they revealed this new interview with levi where he said he has been invited to compete on one of the biggest reality shows out there, dancing with the stars. goody. watch this. >> you have been invited to survivor? >> we'll see. >> sorry that in the cards too? did you think you would do your own reality show? >> would. >> what would be the context?

how about "dancing with the stars"? >> i thought about it. i don't know. >> maybe the survivor thing and somebody is toying with him. they want to drop him on an island and take off. he has big offers on the table. he lost his dignity once taking all his clothes off for "playgirl." why not lose his dignity by flopping on "dancing with the stars"? >> you can't go wrong with either. if he can survive sarah, he would survive whether of those on the island. "dancing with the stars" he can hook up with smir nof. he can't go wrong. >> we are exactly week away from thanksgiving dinner and big question is will levi have thanksgiving dinner with sarah palin? we remember when oprah asked if she andly eye might break bread at thanksgiving. look at what she said.

>> for can work out for good. we don't have to go down the road of controversy and dram a. we are not into the drama. we are more productive and have other things to concentrate. >> yes he is coming or no he's not. >> open invitation for levi to come to aunt katie's house for thanksgiving dinner in washington. there. >> with levi, the gq man of the year and reporters were pressing about with the palins. he refused to comment. i was looking for information on that, but after all the venom between sarah and the guy who was almost her son in law, can you imagine sarah and levi on drumsticks and masd potatoes at aunt katie's? >> not in a million years this guy will be anywhere near the palin compound. >> here did "playgirl" it would

be awkward. under statement of the year? >> if he was actually the stuffed turkey. i would love to be a fly on that wall. it would be too good. >> appreciate it. we have been asking to you vote on the question of the day. sarah palin versus levi johnston. who is the bigger celebrity. keep voting or e-mail us at "showbiz tonighsho "showbiz tonight"@cnn.com. >> carrie caught up in this embarrassing scandal and she reportedly asked the donald to help her out. didn't she diss him? will trump help her? the raging sexiest man alive debate? all heck breaks loose in the newsroom. typewriters thrown and maybe not typewriters. should twilight's robert pattinson have been picked as

the sexiest man alive. omg, miley cyrus is trashing twilight. >> i don't like vampires and i don't like any of the stuff. i don't like the wolf that pops out on the screen when i'm watching my tv at night. i don't like it. i don't want anything to do with it. >> miley, miley. why would you diss one of the hottest things out there. you know your fans will lineup to see new moon. what are you doing? this is "showbiz tonight" on hln. >> this is the "showbiz news ticker." more stories from the newsroom making news right now.

. >> right nou keep on watching the bottom of your screen. you won't want to miss any of this. more nonstop, compelling and provocative news from "showbiz tonight."

i'm a.j. hammer in new york. >> i'm brooke anderson n hollywo hollywood. cary is turning to the donald to get her out of this pickle she is in. prejean is turning to donald trump for advice. the same guy who once fired her. does carrie prejean have a lot of nerve? the great debate erupted over "people" magazine naming johnny depp sexiest man alive. "showbiz tonight" was bombarded over people saying it should have been robert pattinson. not everyone is a robert pattinson fan. miley cyrus bashes the series and her fans. >> probably not a smart thing to say. lauren sanchez is say

correspondent for extra. we begin with the new carrie prejean shocker. reportedly asking donald trump for advice on how to get out of her mess, keeping in mind of course donald is the owner of the miss asu franchise, the same franchise that fired her because of breech of contract and she dissed. >> he half jokingly said you should be a major porn star and make a lot of money and give all the money to charity. maybe that is his help. come on. donald, i think he could make money off of carrie, he would give her advice. i think he knows that she's done. that's what i think. >> i was thinking about this. she is keeping his name out there in the public. we know for one, donald likes that. "showbiz tonight" did catch up with trump and we had to ask him what he thinks. i have to say i thought he would be harsher.

watch what he said. >> i know carrie very well, but hopefully she will get her act together and be happy. >> he always feels the need to say something about that. he wants her to be happy. it's thing to speak nicely about her, but do you think he should help her move on? >> let's see. carrie barbshed him and is goin back for advice. i'm curious about her pr team. they feel this is their last resort. the only thing he might do is put her on celebrity apprentice to say you're fired again. >> wouldn't that be something? good to see her the first to go. anderson with the hot debate. johnny depp versus robert pattinson. i know you are listening in. >> it really did. papers flying and coffee being

thrown on each other. "people" magazine named johnny depp the sexiest man alive. not everyone agrees with the decision. check out the question of the day where we got 150,000 responses. we asked johnny depp, do you agree he is the sexiest man alive? the results said only 25% said yes. 75% said no. i have to tell you a lot of people say it should be twilight star john pattinson. are you on team johnny or robert? >> i have to admit everyone went crazy and said why not robert? johnny earned it. come on. he is sexy and has been around for a long time. he had boat loads of movies, but johnny is the prom king right now. johnny deserves it just a little bit. robert always has next year. >> you are right and johnny depp has been in the business longer

than robert pattinson has been alive. want an example of how hot people think he is? you have got to see the screaming convulsing women lined up outside the studio. watch. >> it's going to be chilly, but they will warm you up. >> some of these people have been here for more than a day. >> there they go. >> i'm not sure johnny depp gets the same reaction from women. michelle g writes robert pattinson, you have got to be kidding. rolls eyes. holly j. said johnny depp, omg. hands down? >> i have been a johnny depp fan, but "people" magazine

generally gives it to the it guy the moment. i don't think johnny depp is the it guy right now. definitely deserve the title of 2003, but robert would be a good choice. he's got many more years to claim the title. maybe bradley cooper is the it man of the moment. >> no, lauren, you don't agree? >> no. it was definitely between i think -- i don't know. it was robert or johnny. it had to be. >> hear to be one of the two? >> yes. next year he will get it. promise. >> not everybody is a fan. including tween sensation miley cyrus. she was bashing the twilight series saying i have never seen it nor will i ever. i don't believe in it. i don't believe in it. she went on and on. listen.

>> i don't like vampires and don't like any of the stuff. i don't like the wolfs that pops out on the scene when i'm watching my tv at night. i don't don't want anything to h it. people always fall in love with the characters. it makes me -- i'm not into it. >> that's all right. >> miley realizes she has made a bone-headed move. we will leave it there. >> tonight, bono speaking out about becoming a man. >> this was a very difficult to make. >> chaz used to be chastity. you got hear this amazing story. now the "showbiz" news ticker. more stories from the newsroom making news right now.

you are watching "showbiz tonight." keep watching the bottom of your screen for more non-stop compelling and provocative news.

tonight chaz bono speaks out about becoming a man. the former daughter of sonybono. he said he always felt like a boy and now at 40 years old he has started the process of becoming a man. today on good morning america, he talked about how it's going. >> i have only been on hormone therapy for about eight months. i feel so much more comfortable than i have ever been. more to come. probably the first thing that

was an incredible hurdle was the idea that i was not going be able to do this privately like most people can. and then i think it was dealing with the people in my life and how it was going affect them. and finally it came down to, you know, realizing that i got live my life for myself and life is short and precious. and you know, this is who i am. i need to finally be who i am. >> this was a very difficult decision to make but it is the best decision i have ever made. i am happier. more confident. you know, i feel great. i mean, i feel great. and, you know, it would almost be easy to say why did i wait so long but i am a person who believes that things happen when they are supposed to happen. i was ready when i was ready and life is just great now. it is really great. >> chaz didn't say anything about how his mother, cher is

dealing with his decision. today we learn that the tv show that started it all is ending on monday. on the final episode, jon and kate venture out on separate outings and they will each wax poe etic on what the future holds. it is the end of a long and stormy two years of the show and the couple. 10. million people watched and the rest is history. >> wednesday we asked you to vote on the question of the day. this is the final results. johnny depp, do you agree he is the sexest man alive? 75% of you don't think this is a good choice. lots of opinions out there.

one write in vote for "showbiz" executive producer and it is signed b.a. >> maybe. maybe next year. >> that is it for "showbiz tonight." >> remember, you can catch "showbiz tonight" on the 11s. 11:00 p.m. eastern and pacific and many the morning on hln. tonight on "the joy behar show," for the first time nancy grace joins me. she'll talk about crime and punishment, the issue, not the book, and she'll talk about what really gets her fired up. then sarah palin insisted comments she made last night would have liberal heads spinning. well, she couldn't be more wrong. my head is fine. for now. and the latest edition to late night, george lopez, explains why he could never make his grandmother happy.

tonight on "the joy behar show," she can't stop poets with her bare hands or leap tall buildings in a single bound, but she is one of america's best and most famous crime fighters. hln's own nancy grace will be here. then it's a good fight. martha stewart stirs up a pot of trouble when she takes on america's kitchen sweetheart, rachel ray. george lopez is here, he's part of the changing face of late night talk. he'll be there to chat about that and whatever else he wants to. he's funny. all that starts right now.

we're starting tonight with a horrific story out of missouri. a 15-year-old girl confessed to murdering a 9-year-old girl to feel what it was like to kill someone. now she's being charged as an adult and could face life in prison. is a 15-year-old girl or boy an adult? where do you draw the line between punishment and rehabilitation? joining me to discuss this is hln's nancy grace, author of the best-selling book "the eleventh victim." >> hi, joy. >> welcome to my show. how did alyssa know the little girl that was killed? >> number one, i did not realize you and the accused killer were on a first-name basis. that aside, alyssa bustamante knew the victim in this case, a 9-year-old little girl, elizabeth olten, because olten is her little sister's playmate.

they had a play date that day. >> i see. i'll call her by her full name. alyssa bustamante. cops say she dug two graves days before the murder. was she planning to kill two people? >> joy, i've been wondering that. i've been shuddering to think who the second grave was for. the significance, joy, of her digging two graves ahead of time goes to the state's ability to prove premeditation in this case. what they're going to try to show is this was not an act that occurred at the spur of the moment, which would be a lesser offense, but something that bustamante had planned for some time. it's my understanding, joy, from my reading of the facts, that this little girl, a 9-year-old girl, had gone over to bustamante's home that day for a play date with little sister. apparently bustamante lured her into the woods and killed her there, according to police. bustamante is very thin and there's no way she could have dragged a 9-year-old child's body across the street and into the woods without being

apprehended. >> what's the matter with this girl? is she mentally ill? is she going to plead insanity or what? >> i can go ahead and read the tea leaves. she'll be pleading insanity. were there warnings? could you see a red flag? the answer is yes. this child, the 15-year-old, had gone on myspace, youtube, and on one of these had posted a profile where she says her favorite activities are killing and cutting. then she goes on, joy, to post a video of her electrocuting herself and her two little brothers on an electric fence. now, joy, come on, what does she have to do? take out an ad on third avenue and say i'm planning to kill? >> it's sad. the whole story. he's going to be tried as an adult. do you think there are certain risks to that? >> i assume you're talking about risks to the state. >> yeah.

>> the risk to the state -- >> i am. >> -- would be that a jury would feel sorry for her. i mean, yes, i believe the police, i believe she's most likely responsible for a cold-blooded murder. but she is a 15-year-old girl. >> she tried to commit suicide, this girl, when she was 13 years old. >> she's been in counseling ever since, joy. i see an insanity defense. i think a jury will feel sorry for her, but overall i believe they will convict because it was so thought out. the heinous nature of the crime. there's really nothing else they can do but convict. >> i think that we have a look a little bit at her own story, though i know she's going to go to prison or they're going to do something terrible to this girl, of course. do you think she was abused as a child, herself? i hate the abuse excuse, but she's only 15. >> that was one of my first questions when i found out this child, this 15-year-old juvenile had been in treatment so long, she tried to commit suicide at an early age of 13, it screams out to me at some point she has been molested. i don't know the answer to that.

believe me, we'll know in trial. if she has been, the defense will parade it front and center in their defense as they should. >> yes. to be violent at such a young age, something had to happen to her. this doesn't come out of nowhere. >> you either get it from somewhere inside of you like you're suggesting or her environment. her grandparents who were raising her had apparently been very, very good guardians. i know you were wondering about her suicide attempt. you were wondering what would happen to her. if she's treated as a juvenile, then she will get out at age 21. that's in less than six years. if she's treated as an adult which she most likely will be, there's a chance she may be released at age 21. as far as rehab goes? do i think she can be rehabbed? no. because this was not an impulse

act. this is part of her psyche. she has been interested in killing and cutting not only herself but other people for a very long time. this is part of her makeup. this is who she is. her behavior may be able to be controlled one day, but you cannot change who you are. >> definitely. okay. let's turn to another gruesome story. we don't have too much time, but 5-year-old shaniya davis was allegedly sold into prostitution and later killed. the later theory is the mother sold her daughter because she owed drug money. >> this is what i know. i know the mother used drugs and the mother allowed her a home to be a place where drugs were sold. mcneill, the man pictured with the child is a doper. i know she owed him money. i can put two and two together, i get four. yes, it was a drug debt according to our sources. the child's life was worth nothing more than a drug debt to the mother. antoinette davis. and if that's true, she will be in front of a jury facing the same penalty as the person who killed the little girl. as you know, a formal charges just coming down and i expect the rath of a jury will be felt

by antoinette davis. >> even though she didn't literally kill the child, even though she just gave it to someone else -- >> whoa, hold on. you know, joy, i like you a lot, i really do. i've liked you for a long time, but when you say all she did was hand over the child -- >> no, no, that's not what i said. calm down, nancy. >> all she did was hand over a 5-year-old little girl to a doper. a dope dealer who in the past -- >> i'm just as outraged as you are. i'm just as outraged as you are. i'm just saying will she be

penalized in the same way as if she killed the child? >> i can only pray. >> okay. now, what do you think about child trafficking? that seems to be the issue here. she was selling the child into trafficking. i understand this is a big problem in this country as well as all over the world. >> you know, that's shocking, but you're absolutely correct, joy. we think of child prostitution and child sex rings of something that happens far away in places we've never been like thailand or far east. that's not true. i remember as a prosecutor busting a child prostitution ring. when i had to look for the child victim, a 12-year-old girl, joy, when i found her i was in the room with her. i thought she was 31 years old. she was 12. she had on the "pretty woman" boots that zip up all the way to your hips. she had on a big weave, makeup, nails. i said, that's her? i couldn't believe it. when you got that off of her she looked like a 12-year-old girl over in catholic school. it was shocking to me, but child prostitution is huge within this country, joy. >> it's a big problem here, too, i understand.

don't go away, nancy. we're going to be talking to you again later in the show. remember, catch "nancy grace" right here on hln immediately following this show. we'll be right back.

95%, though, of the campaign was absolutely amazing, awesome, invigorating, energizing. the people whom we met all along the trail were absolutely inspiring, and unfortunately, you know, not enough pages available in a book to get to describe all of that, but about the 5% of the conflict is in the book. >> is in the book. >> that's sarah palin, remember her? in the friendly environment of fox news. where everything is wonderful. still making the media rounds for "going rogue." i guess the sequel, "going roguer," will tell the story about the great parts of the campaign.

joining me to discuss palin's latest comments is the conservative columnist, s.e. cupp, the co-author of "why you're wrong about the right." comedian vick henley. and comedienne -- i don't want to be sexist here. she's a comedian. kate clinton. author of "i told you so." okay. so first of all, s.e., i must tell you that she thanks you in your book. it says thanks to s.e. i don't know anybody else named s.e. >> my parents are very proud. >> are they conservatives like you? >> they are conservatives so they are proud. i was flattered as well. >> you never rebelled against it. >> i didn't. no.

i wasn't raised political. i came at it later. there was no rebellion. >> they are conservative. most kids like you would turn to drugs. >> sure, well -- that is later. >> you know? >> yeah. >> addiction. before we -- let's look at another thing. palin talked to right-wing fan sean hannity for one hour. he got her to answer a question she's long been dodging. >> i know you've talked a lot in every interview about the couric interview. how would you answer those questions differently? the two that got the most play in the media? >> that i screwed up on. i did a horrible job with that and let my annoyance show so brightly. it was very unprofessional of me. i shouldn't have done that. she asked about what i read. i read "news max" and the "frontiersman" and "the wall street journal." everything online. i absorb the news via many, many sources. >> she forgot "the cat in the hat." >> "the little engine that could." "the pokey puppy." >> what took her so long to answer the question? did she not understand the

question? >> i think that i don't even know if she's real. i think she's a reindeer and shaved her antlers off and taught her how to speak. >> she's a person. she's a real american. >> really? i don't want to be real american if that's a real american. >> i think that maybe she was wrapping fish in some of the papers, and just forgot, you know, that that's where it was or maybe she reads everything online. i don't know. i love how they act like it was a trick question from katie couric. what do you read? >> isn't she playing the victim constantly? i mean, she's always blaming everybody for her problems. >> i don't know. first of all, i don't think she's got too many problems right now. she's a bestseller. it was a bestseller before it hit the shelves. she's going to be a multimillionaire. she's doing just fine. she said it best in the oprah interview. katie couric looked at her like she was from this nomadic tribe from alaska and asking her what she read was like asking her if she read. i don't think she's being a

victim. >> i don't think that's true. i think they would ask president obama, what do you read? people ask me that question all the time. >> i don't know. president obama wrote an autobiography when he was a state legislator. he listed out the things he's read and his mentors and his influences from academia. i think they wouldn't ask him that because it's very clear he's a cultured -- >> it's a legitimate question. >> bill clinton used to love to read mystery novels and talked about -- >> and sex novels, too. he was a reader. >> they were written by lynne cheney. >> you know, she said that the campaign aide, this is another interesting thing, nicolle wallace, she said that she made her do the interview with katie couric because katie couric has low self-esteem. did you read that? >> yeah. >> like a pity interview. >> like a pity interview. >> katie couric, didn't she do her colonoscopy on television?

don't you think you need high self-esteem for that? >> i feel bad for the mailmen that month. what do they do with the envelopes you're supposed to send in? >> what are you talking about? >> the stool samples. >> my people only told me to come here today because you had really low self-esteem. >> there's another example of some crazy talk. nicolle wallace says the opposite. when she -- levi johnston, her pseudo son-in-law says one thing about her, she disagrees. then there's this guy, steve schmidt. it's like, what do these people need? a lie detector test? it's always he said/she said. >> you know that politics. in any, you know, losing campaign, fingers get pointed and people get blamed. heads roll. you know, this was her sort of chance to defend herself against all of these accusations and allegations that have been swimming around for a year. she put it in a book. she did it. end of story. >> okay. when asked about her future, palin had this to say.

>> you're going to hear a lot from me, so, you know, the haters are going to have a whole lot of material. tina fey may have a whole lot of material coming up, but our message is strong. our message is truth, and our message, my message, i think, is a voice for that common sense everyday hard-working american who expects not much out of their government except for it to be on their side. >> she refers to the haters. it's an interesting way to deal with the world to say "the haters." >> it's comedy. i love her. i want her to talk all she can. we're comedians. it's great material. >> sigmund freud says -- he says hate is an ego state that wishes to destroy the source of its unhappiness. so we don't hate her. she is the source of our happiness. >> how interesting. i always knew it. >> isn't it, that description of

it -- >> i loved it. >> she makes us happy. so we don't hate her. >> no. i love that she's gotten a lot of people activated that never, ever would have been out involved in politics at all. you know, people come out -- i think it's great. i think it's -- >> like the opposite of obama. he dragged them out also. >> yeah. >> for different reasons. >> two different groups. >> they're out there. i don't care. i just want them out there, and, you know, talking about what they believe in, why they like her. i certainly have gotten a lot of comedy gifts from her, but i take them very seriously. >> what she says, americans who expect not much out of our government except for it to be on their side. she's in the united states. she's not in the soviet union. the government is on her side in this country. why does she say things like that? >> i think she's speaking to an ethos that exists now where people are a little nervous about where the country is going.

it's leaning left. it's been right for eight years. >> it seems like it's tilting back to the right a little bit. >> well, at least to the center. >> that's all right. >> i don't think there's anything more juvenile about her calling out her haters than there is about obama attacking a fox news. >> that was a mistake. i agree with you on that. >> political mistake. it looked un-presidential. i mean, you call out the people that are calling you out. eventually you have to defend yourself. >> she wants to run for president. if she does. she doesn't say it. >> i think she will. >> which party is she going to run in? she's thrown everybody under the bus. she's thrown the republicans under the bus. the democrats she's thrown them under and then backed up again. >> she just backed up this conservative party candidate in new york 23. which didn't work out. you know, that's a valid point. you know, where is she going to go?

she could go independent. i think she really loves the gop but she realizes that there are some problems in it right now.

the fabulous martha stewart took off her oven mitts in an interview with abc's "nightline" when asked about fellow, cook rachel ray. >> just came back from the rachel ray show. she drops things on the floor and throws them in the batter. >> to me she professed she cannot bake. she just did a new cookbook which is just a reedit of a lot of her old recipes. that's not good enough for me. i really want to write a book that's a unique and lasting thing, something that will really fulfill a need in someone's library, so she's

different. she's more of an entertainer than she is with a bubbly personality than she is a teacher like me. >> we have cynthia mcfadden coming on the show next week. we're going it ask her. them's fighting words. i'm back with my panel to discuss this culinary throwdown. besides publicity ratings and cash, what does martha have to gain from that type of comment? >> you know, she's just bubbling with joy. you can tell she's so enthusiastic about her life. >> rachel -- go ahead. >> rachel agreed -- martha stewart was like a cartoon of herself right there. she is the queen of smug condensation. i feel like she looks at rachel ray like she's the sarah palin of the how-to world. undefined. unlearned. martha stewart calls herself a teacher. meanwhile, rachel ray has this massive empire. elite class of the martha stewarts will never understand the appeal. >> rachel said.

her skill set is far beyond mine, rachel said. that's simply the reality of it. that's very sweet. that doesn't mean what i do isn't important, too. i really just think she's being honest. then she adds, i'd rather eat martha's than mine. i'd rather eat martha's than mine. >> food, food. >> a little confusing. >> what kind of show is this? >> is she being polite or afraid of getting shived? >> it might be that. you don't want to get a hot glue gun in the back. >> i thought she was so gracious. >> rachel ray is a darling girl. >> she was wonderful. >> she's a generous girl, she gives a lot to charity and takes care of kids, with lunches. >> when you have buckets of money like she does. >> she doesn't have to do all the good things like she does. martha's fine. she did a little time, but so what. >> my idiot relatives down south get encouraged by martha and i

don't like that. i get crappy gifts because of that. i get a pine cone with glitter on it, i'm a crafter, no, you're cheap. >> do i have a little time? i have a little time. karl rove is coming out with a book. it's coming in march. are people going to remember who he is by then? will there be book signings in prison for him? what do you think about that? >> "going rove." i like it. >> i like that. >> "going rover." >> i mean -- >> courage and ambition. courage and consequence. >> it's called courage and consequence? yeah. >> because ignorance and fallout was already taken by somebody else. >> so was labidicous. >> what do you think, s.e.? >> i think it's going to be great. >> it will be great. >> i'm there. i'll be first in line. >> thank you very much,

everybody. up next, nancy grace joins me once more.

she is one of the most recognizable names on tv. she's a victim's right advocate. she's a best. selling author and she's back with me. hln's own nancy grace. author of the best selling novel "the eleventh victim." so, nancy, we've talked enough about these crime stories, although i don't really know how you sleep. don't these stories just go in your head round and round? >> well, joy, sometimes i don't know how i sleep either. they keep me awake through the

night, and i've got the nanny cams out the yin-yang for the few hours i'm away from the twins. i've ran my own rap sheets the other day just to make sure i didn't have a record, of everybody who comes in touch with the twins. at a certain point, i guess you just have to believe in the goodness of people and you just have to trust in god. because, you know, joy, i got pregnant when i was 47. i gave birth when i was 48, and the three of us nearly died during that. >> i know that story from your visit to me on "the view." >> i'm so blessed. >> how are the twins doing? >> oh, joy, they just turned 2 last week. we had a big shindig with both sets of the family. they all converged. we had a big time. lucy got bracelets. john david got plastic watches. these are some of my favorite photos that i took of them, and, joy, they're the loves of my life. >> i know.

they're so adorable. look at them. how cute. you could just eat them up. >> i know, i know. i want to eat them up all the time, but then they'd be gone. >> they look like little nuns in that picture. >> in that picture i actually had to put little baby blankets, receiving blankets around their heads because their necks weren't strong enough to hold up. there's john david lounging in mommy's bed. >> watching tv. >> and there's lucy in a laundry basket. >> oh, really? that's cute. >> and now i put her in the laundry basket, she sits up and i pull her around like i'm a horse. >> let's talk about your book. she wrote "the eleventh victim." i'm told there are parallels in this book to your life. it is a crime book. >> yes. number one, i'd much rather talk about crime and analyze cases than talk about myself, but the book, "eleventh victim," what's funny, joy, when i first left the courtroom, i missed it so much. i was up in new york. i just moved there to start a show at then court tv with johnny cochran. god rest his soul. i started writing about the courtroom. when i'd get home from work at

night. i was all alone. that's when i actually started writing the book. that was a long time ago. so many things happened in the interim that i finally finished the book. >> that's great. i was reading you came to new york with nothing but a curling iron, two boxes of clothes and $200. life's gotten a little more complicated since then, hasn't it? >> it's gotten a lot more blessed. i have three curling irons to my name, none of which i can find right now. john david found them under the counter and ran off with them. i haven't seen them since. i haven't seen them in a long time, joy. life has gotten a lot more blessed. i thought i was so happy then. i had no idea what happy was. >> you know, you and i have both taken a part on "saturday night live." fred armisen does me and amy poehler did an expression of you on "saturday night live." i want to look at this. >> and i know you keep playing it over an over in your mind, and i need to remind you that you are a victim and you need to

stop feeling so ashamed. >> i'm not a victim, and i'm not ashamed. >> that means you're healing. >> how did she do? what do you think of that? >> oh, well, i love amy poehler. i remember the first time i heard the parody. i was almost asleep. i'm embarrassed, i was so tired, and i thought the tivo had started playing my own show back. and i thought, why did i tape my own show? i've already lived through it. why do i want to watch it again? i jerked up to see what was happening and went, that was not me, it's "saturday night live." that's the first time i ever saw that. people ask, does it make me mad? i think it's hilarious. >> i think you're overworked. "boston legal" did a character based on you and the character got hit over the head with a shovel. >> i heard that. i heard that, but happily they let me live. so they didn't kill me off. maybe i will make a return.

>> they let you live. now, let me just see what else you're doing with your life. you have kids, you have a hit show, you have a novel. what else are you going to do next? >> well, i'd like to have more children, but i think i'm kind of too old for that. you know what? all i want to do now is fight crime in the best way that i can -- >> yeah. you're not going to have -- >> be a mom. >> and be a mom to these. you don't are want to have anymore at your age, do you? >> i still dream of it and i'm still able. we almost died the first time, so i couldn't bare to leave these two to be raised without a mommy. >> it's great to have given birth to twins at your age. >> i remember when i found out -- oh, look at them. look at them. that is on their birthday. their birthday morning.

i had stayed up the night before after i got home from work, and made cookies. and those are the cookies for them. there they are with their crowns on. the day of their birthday. >> nancy grace makes cookies. that's so cute. >> i did. >> tell me about the tv project you have going on. >> the tv project? oh, yeah, well we may be trying to launch a conflict resolution show called "swift justice." and i'm waiting to see if that's going to happen. centered around crime and justice. i'm very, very excited about it. fingers crossed. >> you always want to have another show to keep yourself going -- >> yeah, i don't really have enough to do. got to stay busy. >> how much does your husband do, to take care of the kids? >> well, here's the problem with him. he travels, joy.

he's an investment banker so he travels. i stay with the twins up until the last second i can and he usually gets home sometimes after that, but he's a very hands-on father. very hands-on. in fact, when we first brought the twins home, he could change a diaper better than me. >> a lot of people would have two nannies if they had twins. do you have one nannies or two nannies? >> typically i have them myself without anybody, but toward the end of the day when i have to go to work, then i have two people come in. two people come in because, look, let me tell you something, joy, especially now that they're mobile, one runs that way and one runs the other way. i have a man and woman that keep them -- >> that's great. it's so nice to talk to you. keep up the good work, nancy. >> thank you, joy. >> everybody loves your show. the book is called "the eleventh victim." "nancy grace" is coming up immediately following my show right here on hln. next, the latest edition to the late night lineup. the funny george lopez. xxxxx

everybody relax. you're screaming for a 48-year-old man. who looks better -- who looks better with clothes on. >> he's gone from the san fernando valley to having a star on the hollywood walk of fame. now he's coming into all of our bedrooms late at night with his talk show. "lopez tonight." he's funny, outspoken and pulls no punches. joining me from l.a., fabulously talented george lopez. >> how are you, joy? >> i'm good. before we talk about your show, which i love. by the way, you're younger than letterman and leno. just saying that. that's all.

>> combined? >> combined. i know that you are a big fan of sarah palin. let's watch this. >> there are a lot of politicians that would be latinos and a lot now who are latino. sarah palin, latina. she's got all the signs. she works and her husband don't. >> what other signs are there that palin is latino? >> she has a child and a grandchild the same age and the tell-tale sign is she needs to get her roots done. >> you think so? >> absolutely. >> do you live -- let me ask you, do you live in her real america, do you think?

>> i can't see mexico from my porch, so i don't think so. >> i mean, are you -- i think you're part of the liberal elite in some way, are you not? >> you know, it's funny, because i think i have become, but i wasn't intending that at the beginning. i mean, it's funny that when you talk about political subjects and people that at some point they think you're more intelligent than you actually are. >> uh-huh. i think there's a conservative elite. they're the ones making the big money. i don't know what she's talking about when she says -- yeah. >> i don't know completely if she knows what she's talking about at this point. her whole life is really one of those things where because of the reality and the reality stars and the situations, you know, being a governor of alaska would have been a great gig if that was it, but to take that thing and try to take it global or through the united states when you haven't been a

political figure and you haven't traveled and you haven't gone to congress and you haven't passed any major bills, it's a difficult pill to have america swallow. i mean, the concept of todd palin being a stay at home dad -- listen, joy, when i was a kid, those guys were called bums. >> uh-huh. they're still called bums. let's talk about obama. okay? he's getting a lot of flak lately because he was -- they say he was graveling to the japanese emperor. what do you think about all that criticism he's getting? >> listen, i don't think that -- listen, you win a nobel peace prize which i consider one of the best honors in the world and it starts more fights than you could ever imagine. i don't think obama can do anything right in anybody's eyes. he inherited a mess from our predecessor for eight years. he's only been in office for 11 months. change doesn't happen like that. there are people who say he hasn't done anything. i'm in california. we love him here because he told the federal government to lay off the medical marijuana

clinics. it's all love out here. >> he did get a lot of the hispanic vote when he was -- right? >> you know, i think i was partly responsible for that because i did campaign with him for a year and i was never a hillary clinton supporter. i was only a barack obama supporter and he did a promo for my show, "lopez tonight" on tbs. they asked me, how did i help obama get a promo? i helped him get a birth certificate, plain and simple. >> okay. that makes sense. what about glenn beck and extreme right wingers. they call him names. names -- they'll call him a fascist and marxist. they'll call him a socialist, racist. they even called him a racist. what do you make of that? >> well, i don't believe that

that's the case. there has to be a certain amount of respect for the office of the president of the united states. i'm not sure in any administration that any reporter or anybody from the press had ever literally called anybody in the oval office a racist or a fascist or anarchist or any of the things they're going now. i mean, it's a little bit interesting that glenn beck became meaner when he went to fox than when he was at cnn. >> that's true. you know, i don't know -- i guess you consider him part of the media. i sort of think of him as a rodeo clown. other people during the bush administration, myself included, took many shots at george bush for being dumb. okay, the truth hurts, but still. >> well, you know, i think bush was latino too because he lived in a house that wasn't his and english wasn't his first language. so -- >> that's my point. that's my point. >> i think there's some truth -- there's some truth in that, but this -- you know, barack obama cannot do anything right, and we'll have to see in 2012 if sarah palin is the nominee, i said it the other night on my

show, if she becomes the nominee, we will all go back to mexico. >> i'll go with you. i will go with you. i love mexican food. now, let's talk about your talk show. why did you want to do a late night talk show? >> it's interesting. obviously late night looks a certain way and it's hard to me for say, because then i'll be a racist. it's a particular hue that i don't believe was connecting across the lines. i don't believe it was a formula that was working beyond what america looked like. and, you know, i have a costco card. i see what america truly looks like, and it didn't represent any of that. so i thought i could bring back an element and bring back conversation and bring back listening and bring back harder-edge material. in the two weeks i've been on the air i think i've done that. >> you're saying there are so many white guys in late night. i think that's where you were going, right? >> that's what i was trying to say. a cavalcade of caucasians. >> one of the great caucasians of late night was johnny carson. you watch the others and they're also very good. johnny had a special thing. he was so glib.

he made it look like it was really was easy and very, very funny. >> yeah, you know, steve allen -- it's interesting, i spoke to a writer who had done shows with steve allen. when you come from a comedic background and steve allen would say, i don't believe it's that hard. you know, we as comics open our heads and open -- all of our senses are open. you have brought an element to your show own to "the view" that comedically barbara or whoopi, i think, hasn't and sherry now hasn't. in the transformations of the host, it's not always somebody who's consistently around being funny. it absolutely helps. >> it is helpful to have. would you have done the 10:00 p.m. slot that leno's doing? >> you know, i would not have. that is a formula that works for hour dramas. "e.r." was on nbc for 16 years. it's really tough to try to

connect with an audience that's used to one type of show. you have your "csis" and "grays anatomies." off that network, there are great shows at 10:00 all across the board and all around cable. i don't believe network tv is the first place to stop when you turn your television on. you know, with respect to jay leno, i'm not sure if there are a lot of people who would have taken that spot and tried to fill in the hour of a show that was supposed to be different but that looks like it's the same show that he had at 11:30. >> i don't think that was his choice to move there. i think they made that deal with conan and then they just did it. that was a big mistake in a certain way to move it around like that. nobody is really doing well. >> yeah.

you know, it's unfortunate, he hasn't gotten off to the start he wanted to get off to. it's affecting the news at 11:00 and "the tonight show" at 11:35. you know -- >> he said something about how he would take it back, the 11:30 slot. he would take it back. it's not too late to flip everything back again. >> i don't believe it's too late. that's a good point that you're making. making. i think people in america have become accustomed to seeing jay in the 11:00 spot. it's thrown late night into flux. i'm happy to be at tbs, i have "meet the browns" as a lead-in. >> you're doing just fine over there. >> stay there. when we come back, i'll ask george lopez about the worst time he ever had on stage. don't go away. >> oh, my god! harry david, you are 37% native-american.

53% european, 37% native-american. >> i'm a commanche?

okay! >> that is funny. you know, you're funny. you're a funny guy. >> that's painful to watch. i bought those pants at a chess king. they were the zi cabarichi pants. >> tell me, george, because we talked about it. what was your worst moment on stage. >> in 1989, i was asked to perform at the yakima state

fair. i didn't realize it until the guy said it was free stage. you ready to go on. there's six people up there. i said, there's six people. he said, go ahead and as you talk, they will hear your voice and come see you. as i was on stage, i got the biggest laugh i got and i couldn't figure out a. clown on a miniature bike had ridden in front of the stage. i looked down at the clown and said, hey, man, how about a little professional courtesy? >> i had to follow a holocaust song one time. and now the comedy of -- that was hard. that was hard. i have some switer questions for you. all right? >> in his stand-up, george portrays his grandmother as a no nonsense lady. like how? what was she like? >> my grandmother, i don't think, had ever experienced joy in her life. she passed in early august. it was unfortunate i couldn't get her to understand she didn't

need to worry as much as she did and that not everything was doom and gloom. even with some of my success, i tried to make her like better. she never bought into the fact you could be anything other than miserabl miserable. >> all righty. here's another one. you had a kidney transplant in 2005. what happened to the old one, they want to know. >> the old one remained inside me. they atrophied so bad they decided to leave them in. i have the one that was my wife's, which is very difficult to live with, joy, to have a piece of your wife inside of you. >> yeah, that is rough. >> and sometimes, if she squeezes herself really hard, i faint. >> are you worried she might want it back? there was a story about a doctor who was -- divorced his wife and he demanded she return it? >> i love ann very much. there's a couple of nights i wanted to take it out and throw it back at her, yes.

>> how about -- somebody wants to know, how is the kidney transplant changed you? i had a near death experience one time and it changed me. my hair went curly a couple other things. what happened to you. >> i learned to appreciate every day of life. i was very sick, my blood was very toxic. even doing this show and the hbo, i've seen you at the view, my attitude was very up and happy. i was very sick. i didn't think i would get better and never expected my wife would match. i appreciate everyday. show business is a great business to be in, especially if you have success. i was happy with the sitcom. the message is live every day. >> you've come a long way. you're hanging with the president now. fantastic. thanks so much, george. great to see you. >> i love you, joy. >> i love you back.

>> it premiers at 10:00 p.m. thank you 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's gone. how does a 5-year-old go missing from her own sofa? the child wearing nothing but a 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. 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 is he walking free? able to the take the little girl in the first place? he's got a wrap sheet a mile long including shooting several people, one in the head and neck. dope charges, of course. and running over a cop? why wasn't he behind bars instead of checking into a hotel with a 5-year-old little girl? bombshell tonight, we are waiting for a live press conference. we also learned search warrants just released reveal 11 bags of

evidence seized from this man, mario mcneill's car. and tonight, we learn high-tech soil samples may i.d. the killer. right now, to the presser live. >> while we have worked through a very difficult and complex issue surrounding this case. second, after careful consideration, it's been determined that jurisdiction for prosecution of this case will remain in cumberland county. at this time i would like to advise you that earlier this evening members of the shaniya davis task force received confirmation from the state medical's examiner's office on the ruling on the manner of the death of shaniya davis as a homicide. the preliminary tests results asphyxiation as the cause of death. however at that time, all

examinations and testing have not been completed. therefore, a final report has not been issued. earlier today, we met with the district attorney, ed grannis, margaret russ and after going over some facts of the case, the fayetteville police department will be filing the following charges against mario mcneill -- first-degree murder, first-degree rape of a child. the criminal investigation's surrounding this unfortunate tragedy continues as the task force follows up on many numerous leads and gathers additional information pertaining to the investigation. as such in an effort to protect the integrity of the investigation and not jeopardize the criminal prosecution of any pending charges, we will not discuss many details of the

investigation. it is our sincere hope that the davis family may now begin to put this horrific event behind them and begin the healing process. i would like to take a moment to thank mr. grannis, ms. susan doyle of the lee county district attorney's office. and two gentlemen standing behind me, captain charles kimball and captain mark bridgman as they have headed up this task force for the last eight days and will continue to do so until we get where we need to be. >> how about ms. davis? >> we're still -- we're still currently doing an investigation. i have no comment on that. >> can you say the relationship between mr. mcneill and ms. davis' sister? rumor, the trailer. how all of that puts together.

>> no comment at this time. >> chief, could you just tell us where the young girl was killed? fayetteville, lee county? have you been able to tie that down? >> due to the cause of death, that's a hard point to narrow down right now. >> you think it was at the motel or out on the field? >> no, we don't believe that it was at the hotel. >> what do you think the purpose of the 911 call to your offices were -- was some 45 minutes after he took her to the hotel? >> that's a manner of -- still being under -- still being investigated and we've got numerous phone records and messages and things of that nature that we're currently investigating and going through. >> are additional charges going to be fired against antoinette davis. >> this is still an ongoing process, an ongoing case and we've got numerous folks from the local, state and federal level working with us on this case.

>> any other suspects? >> as i said we're continuing to investigate. no comment on that at this time. >> chief, are you looking at -- [ inaudible question ] in this investigation? >> no comment. >> chief, are you looking at the possibility that the 911 call was a rouse to hide the fact of the body? >> i will not comment at this time. >> you said in your investigation you said yesterday that it was going down, one of the avenues that you were looking at is that ms. davis had let mr. mcneill take this child in turn for -- because she owed him a debt, money. can you say -- >> the current charges on ms. davis are standing as they are right now. >> okay. >> chief, after mcneill's first arrested for kidnapping, your department said that he'd admitted to kidnapping. has he admitted the murder and the rape too? >> right now we're serving

warrants on him for that and we've got our two lead detectives serving warrants on mr. mcneill at this time. i have no comment on that. and -- >> get a couple of personal questions, maybe. i know those of us who covered the media covered you guys for a long time. this is probably one of the most horrific cases that you've had to investigate. what kind of emotional toll has it taken on your office? >> quite a bit. we're fortunate in our department. we have some folks active chaplains and we've been having some grief counseling here in the police department. and i really can't say enough about the intestinal fortitude and the hard work and everything that's been done, not only by our law enforcement agency but, really, the surrounding law enforcement, rescue. this one has really reached out

and touched a lot of folks. >> you could tell it to your guys? >> absolutely. and i have to tell you these two guys standing behind me they did a fantastic job. >> could you get some thoughts from the two gentlemen? >> absolutely. >> in terms of how tough it's been. >> give us your name, too, if you don't mind? >> captain charles kimball. >> and your thoughts on this case and how tough it's been for you and fellow officers? >> it's been a tough case. a lot of the people on the task force here, the police department, we have children. so we can relate to some of the -- how tough it is going day to day. going at home look at our children and knowing what happened to shaniya. we know it was a tragedy. but we remain professional and we know we had a job to do and we did it. >> on a personal level, charles, what was the hardest part from day one? >> we had a mission. our mission was to find shaniya and we did.

>> some of your officers said they cried. >> it was tough. it was tough. that's a reality. >> the toughest case you've been on? >> yes, it has. >> how long have you been on the force? >> i've been here 14 years. >> good evening. mark bridgman. been on the job here 23 -- or correction, 22 1/2 years. i don't want to advance myself any further than i have. tough case. had no idea. i led the -- worked with lee county emergency management services. and had no idea how many people became emotionally attached to this case. captain kimball and i attended a critical incident stress debriefing the night before last. and it got really emotional, for not only us, but for the search teams, the ems, everybody involved. and it's still emotional. it's still up and down. so you know it's one of those things, the hardest thing i've

ever had to do in my career and i've seen a lot of stuff. >> why do you think this is getting under your skin and everybody else's skin? >> that's a really good question. probably the -- you know the loss of the innocent. >> do you know -- have you determined if this is part of some type of -- it's a human trafficking charge, speculated that maybe there's some time human trafficking ring and operation in this area? >> that's -- i'm not going to comment on that. >> personally, as a veteran lawman, you've been on some tough cases before. >> sure. >> what was going through your mind when you looked at mario mcneill and you realized, you raped and murdered that little girl. >> well, you have to remain professional, no doubt. you know it's just -- you can't figure out why. in this job, we respond. we don't create these situations. we react to them. and it's, you know, you could drive yourself crazy trying to figure out why would someone do

this to an innocent girl. the best thing we could do is work with the professional law enforcement community, the d.a.'s office and bring mr. mcneill and ms. davis to swift and certain justice. >> we had heard that you guys fought tooth and nail to have this case tried here in fayetteville. >> chuck was working with that with mr. grannis office. >> greg, i got to tell you something. we had conversations the last day or two with mr. grannis and his staff, ms. doyle and her staff. and i've got to tell you, just fine leadership. fine leadership. and you know what, there was no fighting. nothing like that. true professionalism.

and i think as mark stated, you know this case here has reached out and touched all of us. and i just can't say enough good things about the leadership from those -- from those folks. >> well, i didn't mean fighting but you stressed -- how bad that you wanted this case? >> well, let's just say i think from our perspective and i can speak for these folks and the task force folks, we started it from the beginning and we wanted to finish it out. >> what would you say -- one last comment to the folks in fayetteville about this whole ordeal, this whole tragedy? >> well, i was asked a question yesterday. you know there's a lot of causes of crime out here in the community. there's not really one big answer to alleviate crime. but i got to tell you, i think really now is the time for

finger-pointing, arguing, things like that to stop. and collectively, as a city, as a county, as a community, we've got to really work hard at looking at the issues. be able to look each other in the eyes, tell us the truth and really get down to solving a lot of these social problems that get us in these situations that we get in and you know keep us busy and keep you guys busy. and to me and to this department, that's real important. that's very important. >> [ inaudible question ] the legal system. first appearance? >> probably tomorrow morning. it would be a first appearance. or tomorrow some time. okay, folks, thank you very much. i do appreciate it. >> thank you all for coming out. and just a reminder as this is an ongoing investigation there is no interview to be granted and --

>> you are seeing the end of a fayetteville police department press conference announcing murder one charges against mario mcneill. picture there on your screen in the murder, we now know, cause of death asphyxiation. the strangling or suffocation death of 5-year-old shaniya. also tonight the bombshell, rape charges on this child, also leveled against mcneill. right now police are not saying whether the mother, who allegedly handed her child over for child prostitution, to this man, there she is antoinette davis, whether she will also be charged with murder. but they are very carefully stating this is an ongoing investigation. we are taking your calls live and we'll be right back.

members of the shaniya davis

task force received confirmation from the state medical's examiner's office on the ruling, on the manner of the death of shaniya davis as a homicide. the preliminary tests results, asphyxiation as the cause of death. however, at this time, all examinations and testing have not been completed, therefore, a final report has not been issued. we met with the district attorney, ed grannis, margaret russ, and after going over some facts of the case, the fayetteville police department will be filing the following charges against mario mcneill -- first-degree murder, first-degree rape of a child. the criminal investigation

surrounding this unfortunate tragedy continues as the task force follows up on many numerous leads and gathers additional information pertaining to the investigation. as such in an effort to protect the integrity of the investigation and not jeopardize the criminal prosecution of any pending charges, we will not discuss many details of the investigation. it is our sincere hope that the davis family may begin to put this horrific event behind them and begin the healing process. >> that is chief of police fayetteville, north carolina, tom bergamine. just brought you out of a live conference that's going on right now. it has just ended. the chief of police has announced that formal charges have been filed against mario mcneill, the 29-year-old man, pictured in a hotel video with 5-year-old shaniya davis. we now know he is charged with

first-degree murder and the rape of this child. this 5-year-old little girl. my question tonight is, why isn't mommy charged with murder one? according to police reports, she's the one who handed the child over to this killer. we are taking your calls live. to jean casarez joining us. jean, what can you tell me? what will it take for a charge on mommy? >> reporter: well, she can definitely be charged and under north carolina law, if she was an accessory before the fact an accessory after the fact, the conspiracy situation. she doesn't have to have been actively involved in killing the child. >> jean casarez, please, i don't want to hear any legal talk. break it down. she handed her child over to a killer for pete's sake. >> reporter: and we have to look at her knowledge. what did she know?

we've met with the district attorney, ed grannis, margaret russ. and after going over some facts of the case, the fayetteville police department will be filing the following charges against mario mcneill -- first-degree murder. first-degree rape of a child. >> we are live there in north carolina, where police have just announced murder one charges against 29-year-old mario adrette mcneill.

the man that we have been showing you, hotel surveillance video in which he is carrying this 5-year-old little girl down a hall to a hotel room in which they say a little over an hour. there she is. that's the last known photo of this child alive in the arms of her alleged killer. also, charges tonight of child rape on this little girl. stunningly no murder charges against the mother, yet. the chief of police says this is an open investigation. we are taking your calls live. out to our first call. tanya, ohio. hi, tanya. >> caller: hi, nancy. i have a question and a comment. first i'd like to say, shame on these people that are coming forward now and saying, oh, well we saw cigarette burns and all of this on this poor little girl and did not get involved. and say, you know, call the authorities or say something. also my question is, this mother

was probably on welfare or some kind of aid to dependent children. why is there not a law in place for these welfare mothers -- why don't they have to take a drug test before they get a check and maybe some of this can be prevented and get these children out of these homes where they're being abused and neglected because of drugs? >> tanya in ohio, you are so right. before we hand over our tax money, okay, i would like to see a drug test run as well. now this mother antoinette davis had held down a job for about six months. that's the first i've known of her working. i also known, according to our sources, that drugs were being sold out of the home. mcneill has drug charges. we know tonight homicide, asphyxiation. that could be ligature, manual strangulation or smothering. and also know toxicology

testing, not complete. let's go straight out to mike brooks. former fed with the fbi. weigh in, mike. what does it say to you? why no charges against mommy tonight? >> i think they're waiting to put together the charges on her, nancy. because most likely it'll be first-degree murder. and there's a possibility she could face federal charges because of the human trafficking. >> mike brooks, i can only pray that she gets the same fate as mario mcneill.         

members of the shaniya davis task force received confirmation from the state medical examiner's office on the ruling -- on the manner of the death of shaniya davis as a homicide. the preliminary tests results asphyxiation as the cause of death. however at that time, all examinations and testing have not been completed. therefore, a final report has not been issued.

we met with the district attorney ed grannis, margaret russ. and after going over some facts of the case, the fayetteville police department will be filing the following charges against mario mcneill -- first-degree murder, first-degree rape of a child. the criminal investigation's surrounding this unfortunate tragedy continues as the task force follows up on many numerous leads and gathers additional information pertaining to the investigation. as such in an effort to protect the integrity of the investigation and not jeopardize the criminal prosecution of any pending charges, we will not discuss many details of the investigation. it is our sincere hope that the davis family may now begin to put this horrific event behind them and begin the healing process.

>> ms. davis had let mr. mcneill take this child in turn for -- because she owed him a debt, money. can you say -- >> the current charges on ms. davis are standing as they are right now. >> okay. >> chief, after mcneill's first arrested for kidnapping, your department said that he'd admitted the kidnapping. has he admitted the murder and the rape too? >> right now we're serving warrants on him for that and we've got our two lead detectives serving warrants on mr. mcneill at this time. >> as we go to air, murder one warrant's being served on 29-year-old mario adrette mcneill. the man that we have been showing you carrying little 5-year-old shaniya davis into a local hotel room. stayed a little over an hour and left with her still alive. her body found in a densely wooded area.

we now know, as in the last few moments, cause of death is asphyxiation. we also know testing not complete. was the child drugged or poisoned in any way? was she fed drugs or alcohol? we are waiting to find out. we also know that this man, mario adrette mcneill, he's got a wrap sheet as long as the interstate, is now charged with child rape on this 5-year-old little girl. we heard the chief of police tom bergamine tell us that right now the charges against mommy stand as they are. she has not been charged with murder, yet. however, many of us in law enforcement believe that those charges may very well come. we are taking your calls live. first, unleash the lawyers. joining us out of new york, defense attorney, joey jackson out of atlanta. defense attorney, randy kessler. welcome, gentlemen. kessler, why no murder charge on mommy? she handed her child over,

according to charges, for this child to be put into prostitution. a 5-year-old girl, kessler. that's a felony. this is a felony murder. she, according to police, committed a murder and a death occurred. she didn't have to plan the murder for her to be charged with felony murder. >> it's coming. and i can't imagine that they're thinking maybe there's a state's evidence, maybe she'll have something because they don't have mcneill good enough. it sounds like they've got him locked in. >> put kessler back up. >> i agree. >> kessler, you have tried many cases. they don't need this mom's "cooperation." i think she's done plenty. they don't need her to roll over on mcneill. >> maybe she'll be desperate enough to start talking, talking, talking. they don't need her i agree. >> too much talking. joe, joe jackson, i agree with something that kessler just said. they don't need mommy's cooperation to prove this case. listen. listen, jackson. listen to what they've got.

they took 11 bags of evidence out of mario adrette mcneill's car. they took fingerprints. they found child's blankets. they got dna. come on, he's already confessed to the kidnapping. he's now charged with murder one and she handed the baby over for sex. a 5 year -- do you have a child, joe jackson? >> i certainly do. one who i love very much. >> age, age? >> 11 years old. >> can you even imagine -- >> not at all. >> -- handing your baby over to this -- this -- let me just say, freak. he already had charges of shooting three people. one in the neck and head. drug charges. he ran over a cop. >> but here's the problem, nancy. >> and she gives her baby to him. >> here's the problem but it's not necessarily that she knew this person's background. >> doesn't have do. >> i know. >> he dated her sister. >> we would all believe and we would all hope that they're responsible people amongst us. oftentimes there's not. >> jackson, put him up. put him up. mr. jackson, where did you go to

law school? >> the big "h," hofstra. >> okay. >> the harvard of long island. >> mr. jackson, as in a felony murder, if you can imagine this scenario. just imagine you and mr. kessler going into a bank to rob it. >> right. >> you don't plan to kill anybody but kessler pulls his gun and guns down a bank teller. you sir, can be charged with felony murder. is that correct? >> it's absolutely correct but here's the -- >> then that same principle applies here, does it not. >> it would apply if the facts support your theory, nancy. here's what i'm saying. first of all the fact that they say there's a kidnapping, we don't know. it is an ongoing investigation. maybe if this was for a debt, she said listen, hold onto my child. i swear i'll pay you. i'll do what i have to do. >> put him back up. put him back up. >> so the fact of the matter is that maybe she didn't have ill intent. maybe it was not that, listen, you know. i mean, no, she could be accused of bad judgment. her judgment was misplaced. she's certainly ignorant in doing anything like that but to

have the requisite intent and to suggest that she was giving her child and that it was a kidnapping and she's a murderer i think that's misplaced and we have to understand that. >> no, that's not my theory at all. you have completely misinterpreted it. and misrepeated it for your own purposes. to dr. bethany marshall. here is what i know. police have charged the mother, antoinette davis, with handing her baby over to be raped for child prostitution. we know that is police theory. if she did that, that is a felony. if a death occurred, she is guilty of felony murder. does it make sense to you, bethany? >> well -- and this may not had been to pay back a drug debt. maybe she manipulated the baby's daddy's so she could gain control of the child because someone made her believe she could make thousands of dollars off of selling her child. or worse yet, perhaps she wanted

to abuse the little boy -- the little girl along with mario. perhaps this poor little girl was sodomized and that's why there was feces on the door handle and the railing. >> and that's more of the evidence that we have tonight as the evidence unfolds, we learn 11 bags, 11 bags of evidence, taken out of mario mcneill's car alone. how much was taken out of the mother's home? we know dna, fingerprints, children's blankets. we know that feces, likely this child's, was smeared on the door handle and the railing going along the front porch. that's what we know about the evidence so far. we know this child died of asphyxiation and her body without pants was found in a densely wooded area. i want to go to special guest marc klaas. president and founder of klaas kids foundation.

marc, our worst fears have been confirmed tonight. >> they certainly have, nancy. and i think the question i have. well it's not even a question. listen, if the fundamental duty of government is public safety, then government has failed the citizens of north carolina. mario mcneill has a heinous, vile and violent criminal history that extends back to the new millennium, and yet he was allowed on the streets of what is called unsupervised probation. now, the state's spokesman say, well, he's fulfilled his obligation to the state. he's been a good prisoner. but the reality is that the state has failed in its obligation to the citizens of north carolina and more specifically to the davis family and shaniya davis. in california we have a very controversial law called the three strikes law that draws a line in the sand. and it says that if you cannot abide by the rules of government of law, then you will spend the rest of your life in prison.

and that's where this guy should have been a long time ago. >> everyone, we'll all be right back. we're bringing you the very latest from north carolina, as felony murder charges handed down against mario mcneill in the death and the rape of 5-year-old shaniya davis. but as we go to break, there is happiness. here's the n.g. family album. believe me after a case like this, i'm going to go home and love these twins. i hope i don't wake them up. here they are. this is shortly after their birth in new york. and now family photos of our show friends, colorado friends barbara, sheryl. best friends since high school. they never miss a show. florida friends, brian and francis. here they are at spring vacation at a park on the kentucky side of the ohio river. q

we met with the district attorney, ed grannis, margaret russ.

and after going over some facts of the case, the fayetteville police department will be filing the following charges against mario mcneill -- first-degree murder. first-degree rape of a child. >> could you just tell us where the young girl was killed? fayetteville? lee county? have you been able to point that -- tie that down? >> due to the cause of death, that's a hard point to narrow down right now. >> you think it was at the motel or out in the field. >> no, we don't believe that it was at the hotel. i really cannot say enough about the intestinal fortitude and the hard work and everything that's been done. not only by our law enforcement agency, but, really, the surrounding law enforcement, rescue. this one has really reached out and touched a lot of folks.

>> a tough one for your guys? >> absolutely. >> that is a live presser we just brought you out of north carolina. murder one charges handed down against mario mcneill. there he is, 29 years old. the one in the orange jumpsuit for the murder of this beautiful little 5-year-old little girl shaniya. also charged with child rape. mommy behind bars. but only on pimping the child out, putting her into human trafficking. as of yet, she's not charged with murder. we're waiting for that charge to come down. let's go out to the lines. jean, ohio. hi, jean. >> caller: hi, nancy. >> hi, dear, what's your question? >> caller: first off, your babies are so cute. >> i am so blessed. >> caller: you are and you're an angel. you are an angel. >> and i've got to tell you, it makes it very, very difficult to cover stories like what has happened to little shaniya. >> caller: i know. i know. >> because of everything that i can do not to jump out of this

chair and not to run all the way home. what's your question, love? >> caller: okay. yeah, do you know if the father will be looking into any kind of charges on children's services or the schools for, you know -- >> excellent question. to the lawyers, randy kessler, joey jackson. the problem with that is dfcs is an arm of the government. under sovereign immunity, the legal theory the king can do no wrong, it's going to be difficult to prove anything against dfcs and once again they drop the ball miserably. what about it, kessler? >> it sounds like they did. but you know these are the kind of cases that haunt family court judges. you know some cases are, both parents are fighting for custody. it sounds like this is the case of, no, you take the child. no, you take child. how many fathers would love to have their right to live with them and he gave the child to her and look what happened. he's responsible for something. >> only for a brief time. only there about five weeks

while he was out of town working. everybody, we're taking your calls live. i want to go out to marlaina schiavo. our producer on the story. marlaina, what are your sources telling you about the possibility of charges on the mother? this case so disturbing. the police force has to call in grief counselors and chaplains arch finding this little girl's body. >> well, nancy, as we heard tonight, they are -- there are still pending charges in this case. and we would imagine that's going to be against the mother. and also today when i spoke to the public defender's office, we were talking about -- they said that right now she's being defended by an attorney that they assigned. but if and when murder one charges come her way, they're going to send her case over to raleigh, where the capital defender's office is. so we could possibly see charges coming her way quite soon. >> joining me right now out of the sleepy hollow neighborhood, barbara davenport. she actually rented this home to antoinette davis' sister. ms. davenport, thank you for being with us. >> caller: hi. thank you for having me, nancy.

>> ms. davenport, i know all of this has been a real shock. it's always so disturbing when you find out somebody right down the street has done something like this, allegedly. what do you know about how the child was being kept in the home? did they stay to themselves? it's my understanding from our sources, the home was a pigsty. >> caller: it was an absolute pigsty. in fact, that evidence was used against brenda davis in court this morning. >> oh, really, tell me about that, ms. davenport. >> caller: well, i filed eviction papers on ms. davis. the decision had been made toward the end of october that she was going to be evicted. we were waiting to see if she was going to pay her rent or if we were just going to have to cancel her lease. and as it turned out, she did not pay her rent.

>> what were the conditions that the child was living in? >> caller: pigsty. absolute pigsty. that's why the police would not let them go back into the home. >> you know what -- you know some people do not deserve the blessing of children. i waited 47 years before i got to have the twins. and they have been such a blessing. >> caller: and those babies are blessed to have you as a mother. >> and ms. davenport, the way that they were -- the conditions -- i don't care about not having a lot of money. i grew up and our family didn't have a lot of money. >> caller: you can be poor and clean. >> to have a child -- to have the child living in those conditions and then to hand her over to the man that rapes and kills her, according to police. matt zarrell, what more can you tell me about the investigation? it speaks very strongly that the police had to call in grief counselors and chaplains. >> yes, it does nancy. now what i can tell you that

mcneill's being held on no bond. and what could be a key to this case is soil samples. they took soil samples from the exterior of his car. and we don't know if it matched but it's possible they could link it to the crime scene where shaniya's body was found, nancy. >> matt zarrell, that's an excellent point that i overlooked after listening to the press conference. >> i want to go to dr. duncan from the atlanta medical center. test the fact they could get soil to match it up to the victim scene is incredible. when autopsies are performed, you have to be so careful to get every scrap of evidence. dirt could actually crack this case. >> you can get a lot of samples, saliva, blood, semen, a lot of things that can tell you in some sort of form or fashion, is this person really related to the

crime? for the most part, these kinds of dna specimens will be very very valuable when they get them and what the police actually have, if they're looking at them, to give them evidence he has probably got. >> it's amazing to me, doctor, that dirt could actually identify the killer. everybody, we're taking your calls live but i want to wish happy birthday to a friend of the show, paul ketty. love loves riding, books -- you got me, happy birthday, paul!

we met with the district attorney, ed grannis, margaret russ, and after going over some facts of the case the fayetteville police department will be filing the following charges against mario mcneill. first-degree murder, first degree rape of a child. >> breaking news. we are live in north carolina, where murder one charges have just been announced by chief of police, tom bergamine. charges against this man, 29-year-old mario andrette

mcneill. there he is photographed with 5-year-old shaniya davis taking her into a hotel room after her mother hands her over to him. we are taking your calls live. let's go out to shirley, iowa. hi shirley. >> caller: hello, nancy. >> hi, dear, what's your question? >> caller: do you think the mother will get the same charges as the guy? in my opinion i think she needs to. that is so sad about that. >> shirley in iowa, we can only pray that she meets the same fate as mario mcneill. i've laid out the legal theory for the lawyers, for the prosecutors in case they need it. not that they need it. they have excellent reputations as prosecutors. out to christine, alabama, hi. >> caller: hi, how are you? >> i'm good, dear, what's your question? >> caller: i was wondering, have they laid out, like, a timeline as far as how long or if the mother knew, had already known that shaniya --

>> hold on, christine. if the mother knew what? >> caller: if the mother had already known. did she have any idea? >> idea of what? an idea of what? >> caller: that her daughter had already been murdered by this man she handed him over to. >> okay. at the time she called police, christine, it's my understanding they were already checking into the hotel, the child was not dead yet. the question would be, did she intend to hand the child over for prostitution? if so, that is a felony and death occurred. that's felony murder, christine in alabama. everyone, let's stop and remember army sergeant spencer akers. 35, travis city, michigan, from a family of military vets, awarded bronze star and purple heart. on a second tour. loved army. loved e-mailing parents every day. dreamed of being a state trooper. leaves behind parents, carol and don, sister, janine. spencer akers. american hero. thanks to our guests and most of all to you for being with us.

tonight, our prayers to heaven for little shaniya. see you tomorrow night 8:00 sharp eastern and until then, good night, friend. hi there. i'm brooke anderson. this is what's coming up at the top of the hour. hollywood at war over sarah palin. how hollywood is drawing a line the sand whether to support sarah palin. johnny depp, sexiest man alive.

the shocking results of our poll. tv's most provocative news show starts at the top of the hour, right here on hln.