>> judge jeanine: tonight on "justice," drew petter son finally facing a jury for the murder of his third wife. his attorney is here as well as a spokesman for the family of kathleen savio. just over two weeks that iowa cousins disappear interested their small town. elizabeth turns nine on tuesday and the girls' families are desperate to find them. and the horrific beating of several babies by a nine-year-old boy in a day care facility. where are the adults who should have been watching them? >> even more disturbing to see the action of this 9-year-old

kid who just pretty much ran rampant in this room full of kids attacking at will for a period of 10 or 15 minutes. >> judge jeanine: hello and welcome to "justice." i'm judge jeanine pirro. the jury selected and tuesday opening statements begin in the state versus drew peterson. for kathleen savio's family this is the moment they have been waiting for, for more than eight years. march 1, 2004. neighbors find kathleen dead in her bath tub. her death is ruled an accidental drowning but her family doesn't buy it. at the time, kathleen was only weeks away from finalizing the financial terms of a bitter divorce from illinois cop drew peterson. she told her family she feared

for her life. >> she told me she would never make the divorce, never live to see the end of the divorce. >> she also sent letters, one a states' attorney begging for help. she writes he knows how to manipulate the system and his next step is to take the children away or kill me. >> nobody wanted to listen do her when she was writing the letters to the states attorney's office or whatnot. >> they brushed it off. >> and he being an officer they took his word for it. >> judge jeanine: that is until october 28, 2007 when drew's new wife stacey peterson vanishes, raising new questions about kathleen's death. the state's attorney reopens the investigation. his body is ec exumed and an autopsy is performed by the state and dr. michael baden.

>> it as homicide and that is what i would have put down on the death certificate. >> today, drew peterson was arrested by the illinois state police. >> in 2009, peterson is indicted on two counts of murder in the slaying of kathleen savio. for years, the case is delayed. lawyers fight in the appellate courts over statements made by savio to various individuals about her fear that peterson would kill her. ultimately, the courts allow the hearsay statements. this past week, the jury is selected. and tuesday, the trial of drew peter areson begins with opening statements. >> joel brodsky is drew peterson's attorney and joins us this evening. how are you doing, joel? >> doing well, judge. >> judge jeanine: the prosecution has to prove the case beyond a reasonable doubt, the burden is on them but you

will have a right to make an opening statement as well. what will you tell the jury? >> i want to tell them the story of drew peterson from beginning to end. i mean obviously not from birth but there has been so much said about his relationships with his past wives and how he moved from person to person around i want to try to put everything in context because when you see the whole picture and see it all and explain it all it is simply not what has been portrayed. you are not talking about some guy who is running around going from wife to wife dumping them here and dumping them there. you are talking about a real family man who really had some bad turns and worked hard and was trying to support his family and really had nothing more than that. and when you see everything in context it is not quite or not even nearly as it has been portrayed. >> judge jeanine: and you know, there has been a lot of reports

that drew was very active in the jury selection. what was he looking for in a juror? >> we called him the ultimate jury consultant because he knows that area so well. he was a cop there for 29 years and knows the neighborhood and the ethnic groups and the socioeconomic parts of the county. and we were counting on him to and he knows the politics and we were counting on him to and that is what jury selection is kind of stereo typing but to be able to tell us from where a person lived and where they worked as much as we could, you know, obviously using stereo types as much as he could about each specific person. we had long questionnaires and we went through them all with him and he was help heful in helping us pick out the jurors we wanted and we have a good jury. >> lightning speed, 7 men, five

women and alternates from the first 47 potential jurors. that is fast. iso he is happy with the jury. >> and i was absolutely amazed at this. for a good jump of the jurors, over a third of the pool the states attorney didn't ask any questions. >> why do you think they didn't ask questions, joel? >> i can't think think of any legitimate reason. jury voir dire is when you try to bond with the your errors and the only opportunity to interinto a conversation with them and why he gave up that opportunity is beyond me or beyond any other lawyer i talked to. >> it is certainly unusual. talk about the past few years since drew has been in jail since the arrest in 2009, you have been back and forth to the appellate courts that as a result matily ruled that certain statements that kathleen made will be heard by the jury depending upon whether or not the prosecution meets certain reliability tests that

the trial judge will determine. are yo petrified of kathleen so speaking from the grave, even sending a letter to the states attorney saying that her husband drew is going to kelly wright her? >> well, and this is something that i think has been a misconception. statements of kathleen that she was afraid of drew are never going to come in. irrelevantf mind is irdevelop in this case. statements proffered by the state are the ones that may get in depending on what the judge says with reliability are kathy saying what drew told her. in other words, saying that drew told me that he he was going kill me or that i was never going to see the end but her state of mind, her fear is irdevelop rant in this casey this is isn't a self-defense case. >> certain statements have been ruled by the atell pat courts

to be as middible subject to -- the statements that we were fighting over are kathleen saying to her family or certain family and friends that drew told me that he wasn't going to let me get divorced or drew told me that i was never going to see the end of the divorce. there were statements from drew, not her, not her fears irreliantr fears are irreelection relevant. >> that has to frighten you. you have a jury that is going to hear that. you are not worried about that? >> to a great extent, no. obviously we would rather not have the reliability issues on somebody said that somebody said that somebody said. what this case is going to come down to is is not the hearsay.

one is the science, the forensics if the state can even prove it was a homicide. >> judge jeanine: the bath tub. >> exactly. and two come down to whether or not drew really had a motive. when people really see they he have always thought drew didn't want her to get the pension or didn't want her to get this or that when people really see what the divorce was all about, they are delegate to see that we were -- they are going to see that we are only talking about small amounts and certainly not a great motive to commit a homicide for a mother with two children. >> judge jeanine: motive is not it an element of the crime. certainly something that will help the jury. let me ask you this because we are going to wrap in a second. stacey peterson the fourth wife is on your witness list. are you serious? >> well, you never know. we don't put somebody on the witness list then if they are available or become available we can't call them. the state tendered a witness

list of them of over 250 people. witness lists have every possible witness. so, yes, she is there. >> judge jeanine: joel, thanks so much for joining us. i will be in the courtroom on tuesday. see you there. when we come back, the savio family spokesman is here to respond. how does kathleen's family feel about the makeup of this jury? and shocking video. a 9-year-old in daycare actually caught on camera bruteally attacking other children, infants. find out why he said he beat these babies.

my aunt katie was a very determined woman and it has become very, very apparent that she can't be silenced even from the grave. >> judge jeanine: strong words from kathleen savio's family

after drew peterson about's arrest in 2009. do they think they will finally get justice in court next week? the savio family spokesman martin blink joins us. welcome and thank you for being withs. >> thank you, judge pirro. a pleasure to be here. >> judge jeanine: you represent the family of kathleen. they have waited eight long years. do they feel that they are going to get justice finally this week? >> they are sure hoping that is what happens, yes. >> judge jeanine: and you know, in thinking about this case, they have got to be anxious. they have got to be, you know, fearful, i'm sure there is a whole host of emotions that are going on. how are they feeling? >> you know, they are doing pretty well, as well as could be expected. they certainly are very concerned and anxious that the trial may not go their way and it may not find the truth of the matter at hand. but they are sure optimistic and hoping that is what gets done here in joliet.

>> judge jeanine: and we are hearing, martin, that although the family kathleen savio's family could not be he in the courtroom there was contact between susan dolman andrew peterson. tell us what happened there? >> they approached mr. peterson shortly after it was announced that kathleen had died and they really wanted to get together with kathleen's kids but drew absolutely forbid it or was is so restrictive in the circumstances that he had to be present, he couldn't -- no one could leave the room, they could only go to a certaine, ae conditions were laid down, the family really avoided contact because their contact was not going to be enjoyable or something that they desired to have with tom and chris. >> at the same time, martin, the family could have gone to court and tried to get

visitation. after all, they are her dead sister's children without those restrictions, yes? >> yes, i guess they probably could although divorce and marital family law is not really my area of expertise so i'm not sure entirely if they would have been allowed visitation. it certainly was going to be supervised by peterson and they really wanted some alone time with their family. >> judge jeanine: it appears as that -- the savio family has brought a wrongful death suit against drew peterson for the death of kathleen. that was five years coming. weren't they suspicious of drew peterson right from the start? >> i think that they were suggs suspicious and they did try and get involved early on but unfortunately the original petition that kathy's sister filed through a lawyer in new

york who is also representing the family with me, they tried to get involved but in the very beginning they were shut out and, drew pet peterson was plad in charge. under the will the ekimo execus responsible and that is drew's uncle. >> thank you for being with us and i'm sure we will be talking with you again. >> thank you. >> judge jeanine: next, inside the mind of drew peterson. he has been confident from day one. how will he act in court. and a baby beaten in a day care facility, caught on tape. low temperature nine-year-old face charges?

show what it is like to be drew peterson. imi'm going to camp myself in front of your house and see if you like it. >> judge jeanine: if there is one thing that everybody can agree on it is that drew peterson has been one confident man. the author of inside the criminal mind and dr. john sharp professor of psychiatry at the escaped i esteemed harvl school. i know you cannot diagnose from afar. this guy he is a cop. most guys would be depressed. they would be fearful. they would be frightened. this guy is confident. he is engaged.

he is also exuberant. i will start with you, what do you see, what does this tell you? >> i think this is fairly typical. it is the super optimism that i have seen in so many offenders whom i have interviewed. they are certain they are going to get away with the crime before they commit it. they are even more certain as they commit it and even after the fact. now, in this case mr. peterson whom, of course, i have not interviewed but he was a policeman for over two decades so he knows the system. he knows it inside out. he has appeared on numerous television programs. and he has become something of a celebrity and you know what, so far he has gotten away with all of it. so the super optimism is fortified. >> judge jeanine: when you talk about super optimism what is based in.

in does it have a genesis in some other kind of diagnosis. if you go to jail it is not going be a good time if you have been a cop? >> when a person commits a crime he knows the occupational hazards he can get caught, convicted, injured or killed in a high risk crime but has the capacity to do something that most can't do. they can shut off the fears long enough to do exactly what they want. again, they are absolutely certain they can get away with it. you know what it is like, i think, therefore it is. thinking makes it so. >> judge jeanine: dr. sharp, how do you take this behavior? >> i agree. i think that he has a means to shut off his fears and regards for somebody else. this is not a moreally based series of actions or ethically based. it is based on can i get away with it, i believe i can. i believe in his mind there is not a lot of sunshine. someone who is driven for his

own means and that is why you are seeing someone so off the off and so natural. >> judge jeanine: are you surprised he took such an active part in jury selection. >> i don't think someone else could be involved in being so involved and being so casual when speaks torret to reporterd done all these interviews. he doesn't come off with a mangroving or dealing with a normal set of capacity to feel other's feelings. >> judge jeanine: will he continue to be active with the jury during the course of the trial? >> oh, absolutely. i would think so. he is a person who believes the world revolves around him. why would it be any different now. >> judge jeanine: let me shift gears for a second and go to the aurora shooter. we are fining out that the shooter was seeing a psychiatrist at school. dr. sharp, this is going factor in this terms of teeing up the

insanity defense, yes? >> i think it will. he was obviously getting some kind of mental healthcare. we don't know what the psychiatrist knew. there is a lot to the story that is going to come out. >> i will go to you dr. samenow. how is the psychiatrist who was treating the shooter and i hate to even use his name? how was that psychiatrist based upon number one having treated him, number two, she has apparently been getting things in the mail or him or at least there were things waiting for her. is she worried? >> i'm certain she feels absolutely devastated. but you know, offenders are very good at outsmarting psychiatrists, juries, and everybody else so we have to stay tuned. >> judge jeanine: okay, dr. sharp? >> we don't know what she knew. i'm sure she was aware of her duty to warn. he is a plotting man. >> judge jeanine: and she only had to warn if she knew

something specific was happening at specific time. >> a mere comment about an intended threat isn't enough to trigger the duty to warn. she would have to evaluate that and really believe it and make an action plan. >> judge jeanine: is she worried tonight, doctor? >> sure. >> judge jeanine: what is she worried about? >> that she missed something that is visible that wasn't visible going forward. is on the the case. we look back and say oh, mentioned it and i should have. we don't know what he said but she has a different perspective tonight. >> judge jeanine: she will certainly be under the microscope. thank you for being with us this evening and sharing your expertise. and coming up, the justice panel is here, are they worried about the jury in the drew peterson case and will drew be found guilty or got off scott free? and a scary assault in a day care center. a 9-year-old boy from mississippi attacks as many as five different children. who should be held accountable?

jeanine." for the latest headlines, fox news .com. did you kill your wife? >> no, i did not. neither of them. >> drew peterson says he didn't do it. is but will the jury believe him? dr. kent harshpark arer forensic pathologist, jeffrey gold and steve rogers join us. i will start with dr. harshburger. you have read the autopsy reports. an autopsy from kathleen when she first died in i leav beliet was march of 2004 and then autopsies three years later in 2007 which dr. bloom and dr. baden. which is going to make the most sense to the jury? and what do you see as problematic in the different autopsy reports.

one that says it is an accident and the other that says it is homicide? >> what is most problematic is the two different opposed conclusions. ing really the first pathologist was blinded he didn't have a lot of the crime scene data we have that came to light in the third -- in the second and third autopsies. dr. baden found some different autopsy findings. more are blunt force injuries than the first autopsy eye identified. there was 12 in the first and 15 to 18 in the second depending how you interpret it. >> judge jeanine: was that one blow that caused her death or one injury or was it the drowning that was the final cause of death? >> all three show the seam cause of death which was drowning and then dr. baden identified a few more blunt force injuries that led him to believe that a struggle occurred causing the drowning.

>> and wasn't the bath tub, wasn't that whole area in realtively undisturbed shape, things around the town? >> correct. everything was upright. no water found around the bath tub. feet up against one end of the bath tub and it is a soaking tub. there is no shower. someone falling getting in or out of the tub is going to be dislodged not in a neat nice package. neat nice pack ands don't happen unless they are staged. >> judge jeanine: what about the autopsy it is the key thing for the jury? >> it is. if i'm defending this case i will focus on three things. number one the illinois state police were called because he is a bolingbrook police officer and they wanted to have independence here. they would look for any evidence to establish if it was a homicide and they looked and termed it was. >> the wasn't there a lay jury an accident.e decision it wa >> there was a.b. autopsy and based on the autopsy and findings and the autopsy

alluded to the injuries. >> judge jeanine: not as many. >> not as many. we don't know the bruising and what happened. >> judge jeanine: you can tell when bruising is is fresh or old. >> this is what the problem is that there this was coroner's inquest and came out with it being an accident and how to the state has to deal with the fact. people have a common sense belief about double jeopardy. not the constitutional. you went through this and had your chance already and three and a half years later you exhume the body -- >> judge jeanine: this is not double jeopardy. they may be able to do it but it is a tough case for the state. >> there is a coroner's jury and they heard about evidence. they heard from the sister saying he would make it seem like an accident and heard from the state police. evidence and information concerning no struggle or force the entry. evaluated this judge and concluded after the evalle wake there was an accident.

>> steve? >> something that needs to be focused on. kathleen about's words in a letter to the authorities described drew peterson as a manipulator of the system even to the point where he has been allowed to manipulate the jury. he knows how to manipulate the system and cover up a crime if he did this. there is no crime, your honor and that is going to be a problem. >> judge jeanine: when i interviewed joel broadski he said she had vertigo and things like that. if there is no history of heart problem or problems are they going to introduce it now several years later? >> they will say that the first autopsy was flawed because is they didn't do genetic testing. the brain wasn't examined as thoroughly as a neuropathologist might do in a different exam. >> , there were exam flaws that

could cause the diagnosis to be in doubt. >> judge jeanine: steve you said one of the jurors stood out to you? >> the 20-year-old. >> why? >> i find it hard to believe that all of the jurors don't know about the case but that is another story. >> judge jeanine: to the lawyers, is drew going to take the stand? >> i think he is going to. i think if somebody can pull it off he can pull it off. there will be a lot of questions that he has toance and i think he wants to eliminate the myth about him. people think he is arrogant and a game ergons they have been watching him for years. >> you take the stand when you have to. i don't think he has to. >> judge jeanine: he thinks he can convince any one of anything. >> i was in the courtroom during jury selection and he was staring at the media. this is a fellow who wants attention. if his lawyers let him and there is not a really good reason. >> remember the word ma nip lakes he will manipulate anybody.

>> judge jeane: my guess is that he will definitely take the stand. what do we think about that clean shaven, what is that about, joey. >> clean shaven, going to present to the jury. >> was wearing a sport coat, too, not a suit. >> judge jeanine: thanks so much. and up next, two young girls still missing in iowa. please say they have reason to believe they are still alive. could a relative about's criminal history be to blame for their disappearance? and caught on camera, a 9-year-old bruteally beating other children. how can this happen in a day care center? [ male announcer ] if you had a dollar for every dollar

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>> judge jeanine: they been missing for over two weeks. iowa cousins. now, an uncle of the girls is anthe hospital after an' apparent drug overdose. t.j. hart cohost of the morning news on wofm joins us. thank you for joining us this evening. >> thank you, urn. >> judge jeanine: what is the latest out there. >> the latest is that there is a little bit of family friction going on even still. the information that the father has had a lengthy criminal record. in fact, he is facing a hearing here in just a little bit and they have moved that off to august 28 because now is really

not time that they they want to deal with this on charges involving drugs, methamphetamine the manufacture thereof and an abuse charge. lyrick's mom has been in and out of correctional facilities. she was living with her grandmother, her maternal grandmother and mom was living upstairs. the dad has come into play with a lot of different characters so to speak and we are getting word that the m maternal grandmother believes the father may have anrced or acted as as an inform yan in the drug community and believes the girls may have been and doubted abducted because this of.

aears this is an abduction. and, of course, the girls are -- they -- different as night as day but very close to one another. >> let me ask you this very quickly. it is very unusual for police to dredge or drain the lake, meyer's lake i guess and then like ten days later say we think they are alive. we think it is an abduction. >> the request was made by a congressman and the congressman used his might and authority to go to the fbi, the fbi office in omaha gladly obliged by bringing in drivers. they tried to drain the lake and used sophisticated sonar equipment. they ruled that out. the dogs pretty much let everyone know they were more toward the booted area and not near the lake. that is where the bicycles were

found. >> judge jeanine: i think that the law enforcement should do absolutely immediately. unusual to come out and say we have reason to believe that these girls are alive. thanks so much for being with us this evening. >> thank you, your honor. >> judge jeanine: now, on the phone the grandmother of the missing girls, wilma cook and the girl's aunt who was the sister of both of the mothers of the two girls who are missing. ladies, thank you so much for being with us this evening. >> thank you. >> all right, wilma, let me start with you and with tammy. i mean our hearts go out to all of you and like everyone else we want to do everything we can to help you find these young girls and get the word out. i know that elizabeth's birthday is coming up on tuesday. but you have to be hopefully comforted by law enforcement

saying they believe the girls are still alive. what do you think they base that on? >> i -- >> judge jeanine: either one of you, wilma or tammy, just say your name? mom, go ahead. they aret sure what their basing it on because we don't know anything and they are are not telling us nothing and. >> judge jeanine: all right. so i think that what you are saying is the because of the dogs, the subsequen scent thato the woods. grandma, let me go to you on this. appears that the girls left at noon time based on reports. have they ever gone to the particular lake or did you have reason to believe that they were going to that lake? >> never. >> judge jeanine: what was the behavior before they left to go on the bike ride, nervous, talking to each other, laughing, were they normal?

>> they were very, very happy. >> judge jeanine: they were very happy, all right. i'm going to go to you, wilma, again. reports today indicate that you think that the father of one of the girls who has an extensive his tore arery involved in seth might have something to do with this based upon the people that he was selling to is that, correct? >> i never said that. >> judge jeanine: that is incorrect? >> that is what the cops were saying. >> judge jeanine: i'm sorry, tammy, what do you think about that? do you think that dan morrissey, lyric's father was involved with people that might want to, you know, get even with him? >> our community isn't a very large community, not like we are in orlando, florida. and there isn't large amounts of money that were being spread around or anything like that.

i want to clarify something. dan did not have a gun charge of any sort. he did have meth charges and he did have an assault charge. >> judge jeanine: besides defending dan that the point, dan is also charged with severely hurting your sister in a domestic abuse attack. >> correct. i was there and witnessed it. that is true. >> do i think some of his drug related friends came on revenge? dan was at home clear across town. dan was at home clear across town and i do not believe in any way shape or form dan would have known where the girls were at that time they came up missing nor could he have let friends of his know. i just don't believe it went down like that. >> judge jeanine: it is not that people are suggesting that dan had anything to do with it but that in this business of the manufacturing of meth that you run into some really crazy

people who would sell their own mother. >> you sure do. and i would think that they would go after dan before they would go after two little girls. and wanted to clarify one other thing. mom said that lizzy had never gone down to the lake before. i want to clear fay this for the record. the neighbors across from the collins house had two little girls. lizzy had gone down on a bike ride down to the lake and knew about the lake. >> judge jeanine: thank you so much for joining us this evening. if you have any information on the missing girls or if you were in the vicinity of myers lake on friday, july 13 call police at 402-493-8688. and next, unbelievable video from a mississippi daycare. a nine-year-old violently kicks and slaps other children including infants. father seeks retribution and

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>> judge jeanine: every parent's worst nightmare. what happen as to your child when you are not there. check out this frightening footage from a mississippi daycare. a nine-year-old punching, slapping, dropkicking other children. the daycare worker wearily supervising. i don't see her. anyway, lawyers joey jackson and jeffrey gold and psychiatrist from harvard, dr. john sharp. i got to tee this one up for you. the nine-year-old is caught on

tape beating the babies. the grandfather said he told the teacher he had been scratched by the toddler and they didn't do nothing so the provirginiaave provirginia teched him that day and do something like that. the aunt said he bad he fight but don't fight little babies but he has a problem he takes medicine he is just a normal kid. >> are they saying that the kid was provoked? >> so going to go and drop kick people and do all this. >> they are not even people they are babies. >> it is learned behavior. what is he going to be like as a teenager are adult? shoot and kill people. this is unacceptable? it might have been learned before. where did he learn how to do this. i'm concerned about the whole family system and his need for medical and psychiatric evaluation. >> this kid did not just walk in there one day and do this. you see him look the other way so that and then when the -- when it calmed down he starts

patting the kid like he is his best friend. i mean come on. >> you though what that is like. like in case someone is looking. >> right. >> ever see problem child? this kid is a poster boy for kids who don't -- whose parents don't care. >> and judge i don't know if you will agree with me but they are prosecuting the daycare person. now, i agree the daycare person was negligent but she is a criminal for knowing that is a nine-year-old is going to pound somebody affirmative misconduct to be a criminal. >> at the very least negligent. >> she is not a criminal. >> fy bring my kid to a day care facility and that person is not watching and allows someone else to beat my child you are darn right i'm going to prosecute. >> she wasn't paying attention. then go get a job at the. >> she had a responsibility. >> she will know that a nine-year-old is going to act like a werewolf and start

attacking people? send h her to jail forever, right? >> you know what, she has a job to do and should be doing it. otherwise i think her license should be pulled and she should be prosecuted and she is probably doing something that she shouldn't be doing. >> i feel bad for this nine-year-old. >> it looks so awful. >> it is awful. >> the nine-year-old has a real problem. this is terrible behe avior and it has to be treated. >> i feel bad tore the two month old and 11 month old who got bit abouten and drop kicked. >> what do you do to the nine-year-old. >> go to juvenile court. can't. not in mississippi. too young. >> we have been debating that. >> put the camera on me. i have the law here. >> i think it means. >> judge jeanine: here is the law. too young. >> how about a psychologist or social worker or some ms. treatment is in order. >> judge jeanine: maybe he is on ms. let's talk about that. >> he should be on different ms. >> judge jeanine: he should be on different ms. maybe he should be off ms. >> something should be done.

>> no doubt about that. >> do we expect this of our nine-year-olds? >> what worries me about this it could be a kid like this that does a massachusetts murder some day. >> without intervention. >> if we don't take a look at him and do something seriously maybe he is a kid that could become a mass murderer or serial killer. >> that is scary, joey, jeff and dr. sharp, thanks. before we go, if you are looking for a new summer read my new book "sly fox" in stores now. she fights for justice for a battered tee mail bar tender risking life and limb and ends up uncovering a shocking crime. no one saw that one coming. she is a woman in a coupletly man's world and if you love a good mystery pick it up, you will enjoy it. i want to thank my dear friends like joey and bill hemmer we had a blast at my book party.

there is bill hemmer and this is me. thanks to everyone who came to barnes & noble for my first book signing. tomorrow, 1:00 p.m. i will be doing a