ask your doctor about cialis for daily use and a 30-tablet free trial. if you think a trial is a search for the truth, you are wrong. juries across america are cheated every day from hearing the truth by the very witnesses who swear on the bible to tell the truth, the whole truth and nothing but the truth. judges spend their days protecting the rights of the criminals with elaborate safeguards in place for the defendant. suppressing evidence, minimizing testimony and telling witnesses to say only part of what they know. welcome to "justice." i'm judge jeanine pirro. week three in the drew peterson murder trial. the judge continues to deliver anything but the whole truth. this week, by not allowing a

friend an army captain of drew's fourth wife stacey to is testify that stacey told him that drew came home at 3:00 a.m. on the weekend his wife kathleen was found dead. he was dressed in his black s.w.a.t. uniform. his sleeves were wet and he was about to put another woman's clothing, not stacey's in the washing machine with the warning if any one asks, i was at home. bingo. is the puzzle coming together for you? kathleen savio was found dead in her bath tub. there were no clothes nearby and no towel when she was found. do you think maybe she was is not about to take a bath? and maybe this was all staged? judge bermula made a decision

to block all of that testimony. not because the defense didn't know that the witness was coming. not because they didn't get the police report, the statements is or the grand jury testimony. but because an e-mail sent to the defense the night before gave the wrong date which everybody already knew. judge, that is form over substance. it is harmless error. an appellate court with laugh you out of their courthouse for such an overreaction. let the witness take the stand and subject them to our truth finding process, cross-examination. why can't the jury hear that? and why can't the jury hear that drew peterson offered a dirt bag $25,000 to have his wife murdered? why can't the jury decide what the truth is? >> it seems like nobody wants to hear their voice in court. kathleen or stacey or any other

woman. this pertains to everyone. the hearsay evidence pertains to any victim under these circumstances and their voices should be heard. >> judge jeanine: we did hear that kathleen savio didn't have just one injury. the evidence established 13 fresh bruises, contusions and abrasions all within 24 hours, many within an hour of her death. the blood in the tub where she was found was not diluted by water as it would be in a drowning, it was thick and dark. there was dried blood on her face that would not have been there if she drown in water. there was no blood or are soap ring in the tub. and if she hit the back of her head wouldn't she fall back and wouldn't her arms be flailing? instead she is face down packed into a small tub so tight that her toes are forced against the

side in a 90-degree angle position blanched without color. completely bizarre position. >> we had a real strong day today. some very important forensic evidence came in. i think it as real turning point. >> it that was the most horrendous and painful to listen to and get through only because you could feel the brutalization of what happened to kathy that night. >> judge jeanine: do any of you know a healthy adult woman, not a child or senior who slips and drowns in her bath tub with no alcohol, no drugs in her system? completely healthy? no? neither do i. i am still burning over the illinois state trooper robert diehl in particular, the alleged csi investigator who finds kathleen dead and doesn't even look at the wound or the blood he says covered his hands. although he doesn't bother to examine her, he notes that her

injuries are insignificant and he directs that no evidence be collected and within two hours calls it an accident and calls it a day. he knew that the only reason he was there was is because this was a cop's wife. now, i love cops. but i hate lazy inept incompetent or corrupt ones like these guys who literally ignored the murder of a mother of two children and the shame of it all is that kathleen savio knew what violence lay in tore for her. her words. her pleas. her letters. her calls for help went unanswered. why? i'll tell you why. because drew peterson was a cop. but she is not alone. before their murders, women often pound on the doors of justice. they cry out for help. they get restraining orders.

and they even try to press charges like kathleen. but instead, kathleen gets arrested by her own abuser. imagine the fear, the helplessness and the despair of a woman thrown to the ground arrested by the very man who says she will never live to see her divorce settlement? but in this judge's courtroom she is crazy, angry, possessed and ballistic. in the civil war that rages in homes across this country, women die quietly. they are silent witnesses to our indifference. they don't capture our attention because we don't see them. we don't listen to them. we don't protect them. or because they are married to a cop. kathleen savio paid the ultimate price and never chose to be a victim.

but this trial is no longer about her. we have totally foregotten why we are in that courtroom. the rights of the defendant are sacrisanct while the victim is marginalized, sidelined and, yes, silenced again. to use drew's own words, i can kill you and make you disappear. i can kill you and make it look like an accident. the jury needs to hear all of the evidence in this case. why can't they hear what they came to hear? the truth. the whole truth. and nothing but the truth. with me is andrea, a homicidal drowning investigator. all right, andrea. you heard my opening. i have a lot of trouble with this case. you are a homicidal drowning

investigator with 25 years n. it aquatic death investigations. >> i looked at over 900 cases of bodies found in bath tubs in the last few years. >> you tell me, how many casesster you seen of healthy women and we know kathleen was healthy because the autopsy showed no disease with no drugs, no alcohol in her system, who drown in their own tub? >> i have not found one and i have asked medical examiners do you think it is possible. i set out to search but have not found one but have over 20 homicide cases just like that. >> you do? >> yes. >> were they seen as an accident or ruled as homicide. >> the vast majority are rule as accidents. >> bly is that? >> they throw the football is no training. they are trained in gun shot. >> you were called to testify in an expert witness? >> yes. >> in this particular case you

were called in and consulted by the rosing. >> yes. >> and what did you tell them? >> i absolutely thought this was a homicide. all the same red flags as all of the other homicides i have seen. >> and what are the red flags? >> there are no signs of struggle in the bathroom. and if a shampoo bottle falls down you pick it back up. it is easy to drown someone. there is little injuries on the victim and on the perpetrator. not that they looked to see if drew had any injuries on him. >> judge jeanine: the csi investigator said i didn't notice any injuries they were insignificant. but we have 13. let's look at the diagrams we have got. if you look at that. look at all of the injuries on that body front and back. what is interesting is that the back has abrasions and most of the front are contusion its kind of having it is like two different scenarios there. >> gretchen: she had injuries in all four planes. that is the key. of the slip and falls i have

studied which are seizures or elderly people. usually no no injuries or juste head injury usually to the front. you don't get injuries on all four planes of the body. >> judge jeanine: if you know there was a one inch lass ration on the back of the head would position would you expect the person to be in if they actually hit the back of head? >> had enough to rotate over to the side so. >> judge jeanine: and what about the feet. if i were to tell you that those feet were squeezed up against the side of the tub you have seen the autopsy pictures. what do the feet tell you about kathleen savio? >> i have never seen that on an accident case and looked at hundreds of photographs of accidental deaths and suicides in the bath tubs. >> and how would you expect the arms? >> the rest of the body wasn't that surprising. that wasn't a huge red flag but

there were lots of other red flags is. >> judge jeanine: those being the feet and -- what about the fact that she has dried blood on her forehead? if she had actually drown in that tub there wouldn't be the dried patterns on her face. wouldn't it be more dissipated or diluted? >> the water can play tricky things, especially if it is going down slowly. that didn't bother me as much as the other injuries on her body. >> judge jeanine: what injuries bothered you the most? >> the fact that they were all over. when you slip and fall you don't go unconscious and it takes at least five minutes to drown. how many have slipped and fallen and gone unconscious. >> judge jeanine: the injury to the back of the head is not that deep and just goes beneath the skin so wouldn't cause h her to be unconscious. >> right. >> judge jeanine: thank you so much for being with us this evening. we appreciate your expertise.

>> and drew peterson's defense team responds to andrea's allegation. and then, tragedy in a mansion in california. was six-year-old max murdered by his father's girlfriend? she was found hanging just days after the boy was underunconscious. did guilty feelings drive her to suicide or was she a victim of homicide herself? stay with us. fascinating stuff. whraps [ kyle my bad.

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>> judge jeanine: love him or hate him, yesterday was a good day in court for drew peterson and his defense team. drew peterson's lead attorney flew in to chicago to joan us this evening. thanks for being with us. >> my pleasure. >> how are you? >> i'm doing. you look good for are being involved in a very intense trial i should say.

how do you feel? >> we feel good. the whole team. everybody is upyou beat. we are are doing well. i mean obviously the case isn't in the bag by any way, shape or form. we know we can still lose it and we are still intensely preparing but all feeling pretty good. >> what do you think of this jury? do you think that they are buying your arguments or think they are with the prosecution? can you tell? >> we have been watching them and watching them pretty closely. i think this is a jury that is really paying attention. they do take a lot of notes when the prosecution is saying things and then i notice that when we bring out a point of impeachment and talk about a prior inconsistent statement or something that doesn't seem to make sense they seem to all jot that down so they seem to understand the process of the state puts on the case and the defense knocks holes in it and they seem so grasp that. >> being attentionive. i'm in the courtroom, too. seems they all are taking notes. >> most are. they all seem to be doing it.

>> judge jeanine: you have had a good week this week. you were able to get the judge to not allow in the testimony of the army captain. >> yes. >> but there have been many other witnesses you had excluded in the case. >> we excluded over ten witnesses including the andrea zafarres that was just on and we have done that because they haven't either been properly qualified or are information that they were going to testify to was irrelevant or for example dr. blum trying to climb into the bag tub and do a recreation was improper. >> judge jeanine: he wasn't trying to do a recreation was he? didn't he just say it was smooth, i tried in to see how smooth it was. >> he at one point did do a recreation. that was barred. the judge said he is pathologist and can testify to the medical aspects but he is not a crime scene investigator and he is not going to testify to going out to the scene and doing any type of individual detective work.

>> judge jeanine: but he was kind of a folksy connect with the jury type of witness. is do you think he hurt you? >> i think the jury believes what he said, he is credible. edt the credibility also help us because he said that his opinion was a matter of opinion and other highly qualified pathologists can look at the same facts and disagree and this is reasonable doubt. is it is not a fact, it is an opinion. >> judge jeanine: you are bringing on your own expert to talk about that. >> where we are in the case already they still have not been able to produce one piece of evidence or one witness that put drew in the house at the time of kathleen's death. >> but the prosecution admitted to that in opening statement. they said we have no dna or fingerprints no, eyewitness. this is a circumstance cal evidence case. >> they don't even have circumstancial evidence he was in the house. >> judge jeanine: we'll get back to that. stick around with us, joel. when we come back, another of

drew peterson's legal team joins us. is later, a business man fakes his own death to collect thousands in insurance money but was his son in on it, too? stay with us. this is the plan that revolves around you. introducing share everything. unlimited talk. unlimited text. tap into a single pool of shareable data and add up to 10 different devices, including smartphones and tablets. the first plan of its kind. share everything. only from verizon. now add a tablet for only $10 monthly access. ari'm fine.y, babe? ♪ ♪

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>> judge jeanine: we are talking with drew peterson's lead attorney joel brodsky. joining us is another member of the dream mean team they are called. you had a good week and you were able to keep scott risotto's testimony out. >> not only did he say the conversation took place at many different places on many different dates but on a prior occasion he was allowed by the prosecutors to testify under

oath falsely and they didn't correct the false testimony. >> here is is the problem. if there were different dates do you think the prosecutor should be telling his witness what what to say? shouldn't he be subject to cross-examination but you. >> if they have records. >> he is nodding. >> well, if they have records showing that the witness was is at work on the day it happened and the witness knows that and they have talked to the witness about that and then let the witness get on the stand and say it happened on this day and they know it couldn't have happened on that day that is a violation. >> but they can't tell someone change your testimony because then it looks like we are telling them this is how you should testify. >> the u.s. supreme court sade they have an affirmative obligation and that is why the judge is 100% right. >> judge jeanine: he is 100% wrong. >> that plays for the defense too. if we cannot put up a witness that we -- we cannot put up a witness that we know is going to lie under oath. >> the guy contradicted himself. >> the guy was consistent and

knew it couldn't have happened. >> let me ask you a question. the jury is wearing the same color clothes now that your other counsel and his wife are wearing. >> the lopei. mr. and mrs. lopez. what does this tell you about the jury. with you or against you? >> they are obviously one mind and i think that they are what they call a happy jury. they are not mad. they are not angry. they are obviously there to do a serious job. >> with you or against you? >> i think they are with us. >> what does it tell you? >> it tells me absolutely nothing because i can't predict the future. what i want to see is is if they start wearing the same glasses as ralph wears. >> that is your. >> or if they come in with grey hair and mustaches on. >> but you know what it tells me. it tells me they are not going to hang. if they are all wearing the same color they are all in agreement. get to a little more are substantive stuff.

throw up the diagrams. the body. 13 bruises abrasions all within an hour. >> well,. >> 24 hours to an hour is what the medical examiner testified to. if she slipped forward how does she have the bruises on front of the body. >> the ones on the knee. >> the shins. >> the ones on the shins those are explained from the relationship she had with her boyfriend the night before. >> you are talking about sex. you you brought it out. it wasn't her shins. it was on her knees. >> you brought it out. weren't you embarrassed to bring that out? >> why are we embarrassed to bring out things that show what the prosecution what the picture they are trying to paint isn't what happened. what was interesting here is they had the medical examiner testify to all those injuries but he never said how a single one of them may have been caused. not was caused but even may have been caused.

>> judge jeanine: but he wasn't there. he can only tell the jury what he saw. it is up to the prosecution to say in closing the evidence is this, is that and. >> but they can't say it. there is no evidence. have you ever seen a medical examiner not say this is consistent with being punched or getting struck with a blunt object. >> judge jeanine: yes, i have. >> did they convict him? >> absolutely. absolutely. >> good thing we have judge burmila. >> judge jeanine: what did you say? >> good thing we have judge burmila and not judge jeanine. >> southbound it isn't it a ft that all the hearsay statements the witnesses don't know each other and can't get together and conspire. >> they don't need to know each other. it happens with one person saying it and it was broadcast on the tv everywhere and then they see it on tv and then come forward with it. >> judge jeanine: you think they are coming in to say i want to be a part of this. those women were shaking.

anderson and parks. >> parks said the conversation took place at school and then when we showed her the school records it turns out she wasn't in school. >> wasn't in school that day. >> why does that happen. he says it took place at his house it turns out he was at work. parks says school. turns out she wasn't at school. it is the jerry springer effect. >> mary parks said the event took place at a time when kristin ash was living at house. >> i really think this think that all of these little things that you guys are doing i tonight know if at the end of the day when the jury puts it all together they are not going to say that this all, he didn't want to give her his money. >> they still can't prove he was there. >> does that mean that if you are smart enough as a defendant to get rid of all of the evidence you get away with murder? >> well, it means that they have to prove what happened. they have to have a theory and they have to have facts. >> they do have a theory. >> what is their here i theoryt

what happened? >> he kept breaking in the house and used to get in the house all the time. >> no evidence of the fact. >> judge jeanine: i'm amazed the fact that there was a 3 by 2-foot opening in the house -- >> that was the prior judge. >> judge jeanine: and that was this judge, too. why didn't the judge let in evidence of $25,000 was offered by drew peterson to kill his wife? don't you you think that is relevant? >> that still may come in. >> judge jeanine: does that mean -- >> there is hope for you. >> on tuesday that will be rule on. >> judge jeanine: final question, your client is still confident and winking and everything else. winking at me. why is he so confident? because you are his lawyers? >> because look at you. >> judge jeanine: stop it. get out of here! all right, now -- is he going to testify? >> i have no idea. >> no idea. >> judge jeanine: you know what my guess is you are not going to be able to stop him. you are not going be able to stop him. >> i would like to be there

that day he. >> judge jeanine: i'm coming back, guys. when we come back our expert panel on the petersen case. thanks, guys. i appreciate it. >> thank you. >> judge jeanine: i know you are having a busy few weeks. and later, two deaths in a california mansion were ruled accidents. new evidence says one of the cases was murder and family of the other wants the saysst p reopened. they are with me, next. there's so many choices. the guests come in and they're like yeah i want to try this shrimp and i want to try this kind. th wait for this all year long. [ male nouncer ] red lobster's endless shrimp is back, but only for a limited time, for just $14.99. try as much as u like any way you like, like new teriyaki grilled shrimp or new parmesan crusted shrimp, for just $14.99. [ angela ] creating an experience instd of just a meal that's endless shrimp. my name is angela trapp. i'm a server at red lobster and i sea food differently. so what i'm saying is, people like options. i'm a server at red lobster when you take geico,

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live from america's news headquarters i'm anna kooiman. crews battling wildfires not getting much help from the weather. firefighters feared lightning and thunderstorms in next week's forecast could make it more difficult to contain a massive fire east of seattle. in idaho, a 130 square mile wildfire forcing evacuations. and crews in california making progress on nearly a dozen wildfires but lightning has sparked some new ones.

and new video emerging from war torn syria tonight. the amateur video reportedly showing more bombings in aleppo. rebels have been fighting pro government forces for control of the city for weeks now. the new you u.n. envoy to syria describing the situation inside the country as "absolutely terrible." he says humanitarian conditions have deteriorated limiting civilian access to food and clean water. >> judge jeanine: former nypd lieutenant commander and homicide detective vern and former prosecutors and current defense attorneys jeffrey gold and joey jackson join us and you will be surprised to see two additional attorneys at the table. the defense team in the drew peterson case. i will start with you guys here. now, vern, you wrote the book practical homicide investigation and i got to get this out of the way. you are in the fourth edition your book. a bible for homicide

detectives. >> recognized. >> judge jeanine: does this investigation stink? >> absolutely. i wish that i was the first responder. >> judge jeanine: why? >> because from the get h-go they went in there with a preconceived notion it was an accidental death and i personally believe based on my conversations with folks in the illinois state police as well as others that the lead investigator was not qualified to conduct an investigation. >> judge jeanine: you think? he never did a homicide investigation. >> goes beyond that. some wizard decided to take road cops and social promotion and put them to places they didn't belong. you have to be qualified to conduct a a homicide investigation. this guy was not. as far as the crime scene person who is he to make a determination as to the cause of death or manner of death. >> and call it an accident and say do not collect any evidence. >> i would say any investigator would have seen that as a suspicious death. >> common sense nothing. it was a cop. they were investigating a cop.

it was as if they stopped somebody for speeding and he flashed the badge and they let him go but it was a homicide and they treated it like a speeding professional courtesy and let the thing go. >> there is no professional courtesy for homicide. >> you ain't kidding about that. >> and this, illinois, investigator may do a lot of bodies dropped off on 55 coming out of chicago but he didn't do a lot of these. this was -- ridiculous. >> what has to happen is jurors need evidence and if they can't produce the evidence because it is not there because police didn't do their job then what? they need physical evidence. >> judge jeanine: isn't that the point they didn't do their job and they were giving the homicide away. >> how to that the prosecution is trying to back track to show how inept they were. >> judge jeanine: they exhumed the body. there was still tissue on her body. deep bruising down to the won. >> bone. >> he had to make certain

admissions like the certain who is deceased who ultimately did it is a very respected pathologist who happened to have opinions that differed from his own. >> judge jeanine: i will tell you something you didn't know because you weren't in the courtroom. that pathologist never saw the picture that i saw in the courtroom. he is doing the autopsy without seeing her feet in a 90-degree angle up against the wall. she is squeezed in like a sardine. worse than a sardine. i had sardines the other day. they are lined up straight. what do you want to say, you defense attorneys. >> when it comes to the position of the pose that doesn't mean anything because when the body settles and rigor sets in that is why the toes got that way and that tub is not that small. evidence is from kathy's boyfriend. >> judge jeanine: that is hog wash? her arms and legs go straight. >> but the muscles expand. >> that is why they go straight and then when the rigor goes out of her body. >> but the body stayed. >> judge jeanine: why is her hair dry? >> it was wet. >> judge jeanine: they said her

hair was dry and there was blood in her hair. >> it was damp. her hair was damp. >> one thing, judge. >> one second. >> dr. blum was a good witness for the state. that was a good state's day. but they haven't had many days. it is almost impossible for you guys to lose. this throw the football is nothing to connect drew peterson to the homicide. >> because he didn't do it. there is nothing to connect him there. >> no evidence there. >> that is not outcome determinative. >> how many witnesses have you excluded. >> over ten. >> that is why we are not having a search for truth because there are no witnesses being allowed to testify. >> no, no, ultimately. >> judge jeanine: hang on. here is the thing. it is not a search for the truth because if it were you would put those people on the stand. >> they are hearsay witnesses. >> it is not a crap shoot. >> and there is something called for forfeiture by wrong

doing. let me tell you this. the reason here hearsay is admissible is because if you precommit a crime to prevent someone from testifying. for example from you stopped kathleen savio from testifying at the divorce settlement you can't say everything that she said doesn't come in. and if you stopped stacy peterson from testifying that drew said x, y, z by murdering her -- >> well, stated, judge. even if the physical evidence is lacking if the jury believes some of the circumstancial evidence and mounts it can be compelling enough for a conviction. what i want to wait and see is what the defense has line up in terms of experts. >> we have three experts who are going to testify that this in their eminent opinion was an accident. all three of them. >> none of them did an autopsy. >> we couldn't reexhume the

body. dr. blume said he reviewed their work and their work was good and it is a matter of opinion and great minds can disagree and that is what it will come down to. >> what do you think of the fact that the jury is dressing like the lopei? >> i don't know what to make of that. i think the case is home free except there could be a hung jury and he will still sit in jail unless drew peterson decides to not listen to you and a thousand other lawyers and get up and testify. if he doesn't he will win his case. or he will sit in jail as a hung jury. >> the only way that he will walk a truly free man is if he actually looks that jury in the eye, those that are wearing the same colors and testifies. >> he is trying to bait him. >> he is. >> judge jeanine: get on the stand and admit what you did. >> o.j. is looked up now and will never truly be a free man unless he looks that jury in the eye. >> exactly. he got away with that, judge. >> let's get back to behavior, all right. we wouldn't be having this

discussion right now if drew peterson didn't put himself in that position by the way he behaved. psychopathic, making -- taking pictures with the news media. carrying on the way he did caused the authorities to go back and look at kathleen savio and when they exhumed the body and found it was a homicide now back to it what to we do. >> in addition to the next wife being missing. >> he he was so sure that stacey would never be found that he put that act on. stacy will never be found. you know, this guy is a bully. he is the kind of person in police departments and i have seen them, i have seen a lot of people in police departments that come in and use their position in a manner that is obviously not professional but more importantly to their advantage. he used his position to his advantage and your client is his worst enemy. anybody hotched him on national television said drew peterson did it. >> i don't disagree with that

and i'm glad you are not on the jury. >> judge jeanine: here is the bottom line. if the truth is that this was a homicide and not an accident are you going to argue in closing statements that if it is a homicide that someone other than drew did it? >> well, we are never going to give up that this was an accident. this is clearly an accident. the death certificate still reads accident as of a couple of months ago. >> are you going to point to someone else as possibly doing something to kathleen? >> talk to it joe lopez. he will be doing the closing. or bring ralph on because he did a great job in the cross-examination. >> that is the defense attorney who cross examined blume. you were in the courtroom. >> i tell you, ralph is a sweet guy and i like him but it brought gasps to the jury. in fact, joel had to at some

point ask the judge later making sure nobody gasps but the jury gasped when asked the question to the eminently qualified county medical examiner who had done a respectable job in the courtroom and seemed to answer every question and at a certain point he said so that is your lame excuse for and the jury gasped because of the disrespect shown for him. but ralph is a good guy. >> he was smart enough to get in on their case the fact that we had three experts. he got that in on their case. that was genius. >> why isn't ralph here and all you guys are on the media all the time? ralph says it is not ethical to do. you are on tv. >> judge jeanine: everybody relax. >> that is not true at all. is not true. you know what the rules are. >> we talked about that. >> judge jeanine: i need a gavel. >> order in the court. >> judge jeanine: gentlemen, don't you agree that this jury is being prevented from hearing all of the truth? >> they are being prevented from hearing inadmissible evidence and inadmissible

evidence is inadmissible because it is not reliable. they are hearing what has been presented for the jury. that is what the rules of evidence are for. to filter out the unreliable and make sure the jury only convicts or acquits based on reliable evidence. >> judge jeanine: i'm not saying how i ruled on them or what i did. how do you explain the bilateral contusions under the clavical. they go right to the bone. >> the only thing on the bone was the hip injury but talking about the last vickle those were artifacts from the autopsy because they were not on the skin they were underneath. >> because she died right after that happened. i think he forced her head in the toilet and it was the rim of the toilet under the collarbone that gave that bruising. he forced her down so hard. the ultimate degradation. anyway, gentlemen. we will see you all in chicago

next week. thank you. >> and i will tell you -- >> and tell your client that, and steve greenberg. thanks, guys for a lively discussion. >> my pleasure. >> judge jeanine: and we will continue to follow the case. coming up after the break, two mysterious deaths in a california mansion. were they accident or were they something far worse? stay with us. questions? anyone have occasional constipation, diarrhea, gas, bloating? yeah. one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. approved! [ female announcer ] live the regular life. phillips'. [ femalafter you jumped live buship in bangkok,n.

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>> judge jeanine: new findings in the case of max found dead new hampshire his father's california mansion. they say the six-year-old died not from an accident but from an assault that ended in his death. the girlfriends max's father jonah was supposedly watching max the day he died. she was found dead two days later hanging from her neck with her hands and feet bound behind her. her death ruled a suicide. given the new findings, her

family wants her case reopened work. with me from seattle is ann bremner representing rebecca's family and her sister mary joins me on the phone. thanks for being with us. do we have mary on the phone? >> yes. >> judge jeanine: all right, mary, first of all, let me say i'm so sorry about your sister's death and that you are in this situation. the findings that we have just heard are are that max could not have fall ton h his death, that he had injuries that were inconsistent with a fall like a serious injury on the top of his head and his hands not apparently scratched at all, that would have happened had he hit the chandelier falling over the balcony and that the center of gravity was not in a position where he would even fall if he were on his scooter. why don't you think that that could have been a homicide?

>> i don't think we ever came out and said we don't think it is a homicide. i think the whole thing is very bizarre like everybody has been saying. i don't know what truly happened that morning. the only other person that probably could have told us is dead which is my sister. i really don't know what happened and that is why from the beginning we have said both max's and rebecca's case needs to be reopened and reexamined because i know for a fact that my sister died because max was injured. >> judge jeanine: you say that your sister becky didn't kill herself and that she paid for the six-year-old's death with her life. you think she was a victim of a homicide? >> yes. >> judge jeanine: who do you think killed her? >> i don't know. i wish i knew because if i knew we could move forward with it. but that was the job much the investigator and i don't think a thorough investigation was done.

>> judge jeanine: we called them and they say that the case is closed and that they stick with hair original findings. you don't believe that your sister committed suicide because you spoke to her after max fell but before your sister died. she didn't sound suicidal and not someone who would take their own life? >> no, and she was planning what she was going to do the next day. >> judge jeanine: we have to wrap in 30 seconds. ann bremner, why do you think that this case needs to be reopened? >> we ask them both to be reopened and ours clearly with rebecca it is a homicide. she has lividity in her back. blunt trauma to the top of the head. and so many bizarre circumstances. we already met with the ag last week and we think it will be reopened and max's death clearly should be looked at, too. nobody knows what happened in either case in terms of who did it but if you investigate it we can sure find out and we have been working for a year on this and we have all kinds of evidence to support the

reopening at least of rebecca but both reopenings would be appropriate. >> judge jeanine: we have followed the case for a year and we will continue to it follow it. thank you for being with us this evening. raymond was feared drown at jones beach in new york. you are not going to believe where he turned up. this is the plan for back to school. introducing share everything, only from verizon. a shareable pool of data to power up to 10 different devices. add multiple smartphones to your plan, so everyone in your family can enjoy unlimited talk and text. the first plan of its kind. share everything. get your student a samsung galaxy nexus for $99.99. [ female announcer ] do you think the best of nature and science and research should go into the products you trust? then you think like amway.

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the mystery behind the new york businessman raymond roth's supposed death and reappearance continues to unfold. take a look at this one. 47-year-old raymond roth is accused of faking his own drowning last month in the waters off jones beach, new york. his son jonathan reports him missing, leading to an

extensive search. authorities say it was all a scheme for the pair to collect more than $400,000 in insurance money. >> there is no question that jonathan roth knew that he was filing a false report when said that his father was missing. although it it was not successfully carried out, there was no question that they took significant steps to it commit insurance fraud. >> days after his alleged disappearance ross is found alive and well in florida. the plot unraveled when ross' estranged wife finds e-mails between father and son talking about the plan. >> i could not believe what i was reading as one of the e-mails is going to the distance and has where he made a will on wednesday. he emptied out my account friday, saturday morning even up to the time of when supposedly we think he is drown in the water. >> after a brief stay in a

psychiatric hospital roth is now behind bars after pleading not guilty to charges including insurance fraud, conspiracy, and falsely reporting an incident. >> he certainly wasn't acting in a rational manner. he was under medication that was not working, that was actually he deliterious to his mental health. >> his son pleaded not guilty and he is currently out on bond. >> a matter of telling the truth and letting it be known how this happen and when we find that out it is clear this my client is not accountable for responsible for any type of criminality. >> judge jeanine: the panel is still here. our own joe. >> y. jackson is the attorney for raymond roth's son jonathan. son reports his father missing off jones beach.

they end up finding the father's wallet and his phone on the beach but there is no license in the wallet and the date is taken from the phone. -- data taken from the phone. what does that tell you? >> he needs his license so he can drive. had the wife not discovered the e-mails he may have possibly gotten away with this. >> judge jeanine: and not only does she discover the e-mails but i was reading that the guy is at h his time share in florida. how stupid is that? the guy supposedly drowns. >> no one ever said that criminals were smart. >> judge jeanine: joey, you represent the son? what is the defense? >> this father is a pathological son. that son would have done anything that his father told h him to do based on the pattern. we will talk about and you will be hearing about when was a child what he endured. you will be hearing about coercion and ma nip lakes.

and his defense is how dare what he did. now, first he is mentally ill to make the argument of da diminished capacity. and once the son gets out he is changing his argument again. now, he is not mentally defective. now, he changes to say i'm astonished my son would do this. at end of the day my client has clean hands and he does not. >> not just his father is throwing him under the bus. the mother is the one who turned the e-mails in. >> yes, she did. >> is the mother a familiar issue to the show, the parents turning in their own kids. let me ask youthy. >> i think she was blind side. >> why? >> she had no clue this was going down. >> we are not saying she did. she turned all the information over to the police. but do the e-mails joey, show that the son was a victim of abuse then coercion? >> they are. ultimately when you are abused like that when you are coerced

you are going to do what you are told under duress or stress or penalty or far worse. >> kathleen rice, a great prosecutor. she says it is filing a false reportion conspiracy and insurance fraud. is it a crime to fake your own death? >> it is not a crime to fake your own death if you don't do anything more are. when you start filing a false report or trying to get insurance, some other act. people lie all of the time and do all kinds of things that are not truthful. it is just something thais not truthful until you add something to it like a false report or insurance or anything like that. i'm glad this guy has joey jackson. >> is the father going to plead and going to jail? >> i hope he goes to jail for a long time. i really do. ultramaltly at the end of the day i hope my client is allowed to live the life that he should be leading. young upstanding man doing well and doing other things for his future. >> can you prove that he was abused?

>> absolutely. not just me jumping up and down in front of a jury. he we will have records and let the jury make a determination. >> if anybody can do, it you can. >> thanks so much for being with us and with it it. that is it for us tonight. thanks for joining us. before we go, if you haven't gotten your copy of "sly fox" yet check it out at our show page at fox news .com. a must read for the summer and the summer ain't over yet. send us your summation to drew peterson trial. captioned by closed captioning services, inc. [ slap! sp! slap! slap! ] ow! [ male announcer ] when your favorite foods fight you, fight back fast with tums smoothies. so fast and smooth,

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