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tv   Prime News  HLN  August 22, 2009 6:00pm-7:00pm EDT

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finally, casey anthony showing some emotion. she is accused of murdering her own took. a bombshell in today's hearing. casey's defense says there is substantial evidence that someone planted little caylee's body while mom was in jail. plus nancy grace joins us in studio. once a prosecutor with a perfect conviction record, now the host of her own show and her latest action publishment, she is a novelist. her new book "the eleventh victim" we'll get her take on the book and some of the stories, as well.
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welcome. major day in court for casey anthony, accused of killing her 2-year-old caylee. here is casey showing a little bit of emotion for once as her dad george took the stand. they haven't seen each other for three months. jail has gone to her, taking its toll. looking rough, let's face it. how is her defense going to build a case. her lawyers say they have significant evidence that caylee's body was planted, moved to where caylee's remains were found while casey was behind bars. netisha lance, an bremner and former prosecutor. what are they going for here? they are trying to say body moved while casey is in jail? >> that's right. the defense is saying they have significant sufficient evidence that proves casey anthony is
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innocent and caylee's body was placed there when casey anthony was behind bars. what this does not touch on is investigators have said her body was placed there june 18th. this would have been far before casey anthony was behind bars. she was first put behind bars july 16th. this doesn't go along with prosecution evidence where a botanist came in saying there was significant growth in and around the remains found there that showed the remains had been there for months. >> that is a great point there. >> ann, are they grasping for straws here or is this a theory that could play in court? >> in some ways it sounds like they are grasping for straws. they need to show reasonable doubt. if they can say and show she was in jail through some good expert testimony at the time the body was there, and they are going to have to get these witnesses from
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equisearch to say we looked and didn't find the body. it is a death penalty case. they need not be unanimous in florida the only state to give death. this is a really, really tough case for them. >> pam, you are a prosecutor here. how are you doubling back over the top of this theory they are coming with? >> i don't think they are going to go anywhere with it. i think they are grasping at straws. that's all they have. without trying to be very graphic, what the scientists are going to say they had anthropologists was that her body was separated by animals before decomposition. they could tell that by the groupings of the bone clusters and where they were found. that meant her body had been there for some time also. the botanist, i have read all of his reports, the root growth was so extensive, it had grown through her bones, through the plastic bag and they went back and recreated that in a lab to
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tell how long it took for those plants to grow. it had been a significant amount of time her little body had been there. i don't think they are going anywhere with that theory. >> it is tough. we need the facts. >> i'm sorry. >> no. that is what we are dealing with. that's going to happen in this court trial. it is brutal. we see the picture and it's tough. netisha, let's break it down. they want texas equisearch, they are going to go to them and said if you did a thorough search you would have found the body. >> this is not the first time they came out with the equisearch. they came out recently releasing photographs saying this is the area we searched. it was undercover by water. the defense is saying your searchers didn't find a body at that time which means the body wasn't there. >> ann, don't you think that is enough between what pam described and the plant growth around the remains and the
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challenges texas equisearch had. don't you think this theory is not going anywhere? >> i do. they are going to have this hearing. they are going to push it. they want these witnesses to be interviewed, potentially testified. there's been privacy rights raised. the other thing is getting witnesses out of state. it can be very difficult. they are trying everything they can because the stakes are so high. what graphic, horrible details. >> a call in. becky from utah. your thoughts here. >> yes. >> go ahead, becky. >> caller: i was wondering why all this time she's been in jail, and even before, why didn't they bring all this up to everybody's knowledge of them thinking that they were planted there? >> i think, anna, you can help
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me out. they have been building their theory in the defense. >> that's right. your caller raises an excellent point. in a criminal case, the defense files notions as they learn about the evidence and they develop it. they need to think about something in the defense and bring it forth to a judge. it is coming up now procedurally as we get closer to the trial and go through discovery. >> thanks to our panel on that. coming up, troy davis, convicted cop killer. his case is getting reopened. most of the witnesses against him have recanted. was this an innocent man?
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we're back. the supreme court has made a controversial move in a case that has drawn international attention. death row inmate troy davis. let's bring in richelle carey. >> this might be the most important and controversial supreme court decision this term. let me take you back. troy davis was convicted of the murder of off duty police officer mark macphail in 1989 and sentenced to death in 1991. davis has always said he is innocent. but since his conviction, seven of the nine prosecution witnesses recanted their statement, saying police pressured them to point the finger at davis. last fall the supreme court issued a stay of execution two hours before davis was set to be put to death. a month later the justices reversed their decision. a federal appeals court issued another stay.
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this month's decision means davis will continue to sit on death row but will finally have a chance to try to prove his innocence in court. an bremner and martina correa, troy davis' sister. i want to start with reaction from officer macphail's family. we did reach out to them. let's listen to his son. >> it is very frustrating. to see that, people are not looking at what my father gave up. my father lost his life. >> they have a statement from officer macphail's mother. i am very shocked and upset. he has been to court so many times. he has had all the deals anyone could have asked for. martina, what is your reaction to what the supreme court did? >> well, i mean, i am very excited and elated about it. this is a long time coming. people have to realize this is
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something that is pivotal because in the united states they haven't determined if it is unconstitutional to execute an innocent person. troy's case has so many things that was wrong with the death penalty. so we still have a fight to do but this sets a precedent. it is really saying the supreme court has some serious concerns about this case and we should be evaluating those concerns of strong possibilities of innocence. >> ann, 27 former judges and prosecutors signed a brief supporting davis. what troubles you about this case? martina touched on the legal issues. what troubles you? >> those things. the fact is you can't execute the truly innocent. the question is all that's been happening here is a hearing ordered to look at this question of potential actual innocence. this is fundamental that you don't execute people that are innocent. if seven out of nine people have recanted, let's hear it in a hearing and have it explored
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before there is a fatal date set. there are a lot of people who have supported this position because if you've got somebody that could truly be innocent. i represent police officers. i have for 21 years. i have great sympathy for the family in this case. we have to do the right thing in america vis-a-vis the death penalty. >> martina, what has the last 18 years been like for you trying literally to keep your brother alive? >> it has been traumatic for our family. a lot of times people don't realize both families have been victimized. one thing is we have always upheld the other family. it is amazing because my father was a peace officer in this city. he was a chatham county sheriff's deputy. people seem to fail to understand we have the utmost respect for police officers and their duties. to execute someone who is innocent because of a rush to judgment is not the way to do this. my family, we've lost a lot.
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my father was so traumatized by this he stopped taking his insulin and died in a diabetic coma six months later. we understand their loss and not trying to compound it. we are trying to honor officer macphail to make sure the right person is brought to justice and i don't believe that is troy davis. >> have you ever met officer macphail's family and spoken to them? >> i tried to speak to them at the 11th circuit court of appeals but they didn't want to have anything to do with my family. it's almost like we are totally ostracized. the former district attorney and officers have instilled in them so much troy committed this murder and that is the only thing they should listen to. we have to deal with the local newspaper that always are printing things in the editorial page that is inciteful or misrepresented. we tried to reach out.
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less's just sit down and families and look at the evidence, and if you still choose not to believe us, that's fine. >> i have to wrap it up there. martina, thank you for your time. seems like you learned a lot about the legal system. there is going to be a hearing now. we'll have to follow up from there and try to reach out to officer macphail's family, as well. >> coming up, we have a special guest in our next half hour of "prime news," nancy grace will join me. we'll talk about the debut of her new novel called "the eleventh victim." a real page-turner of murder mystery. there is a character similar to nancy in the novel. we can tell you that. and about some of the stories she covered, giving her take on michael jackson and stories she covers on her show and us, as
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well. and also what stories hit her the hardest.
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two years into arecession, small business owners are having trouble getting loans to try new businesses. one man thinks he could make it if he had a chance. >> reporter: dinner time in lumberton, north carolina. restaurant owner rob redfern. >> we did $1.2 million in 2005. >> reporter: he's got 35 employees, a crowded bar on weekends, a dependable banquet business. five years ago he turned a century-old mule stable into this.
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he's confident he's got the ingredients to open another restaurant here, 35 miles north on i-95 in fayetteville. >> i'll hire 50 people in three months if i get the money i'm looking for. >> reporter: $150,000, to be exact. >> the stimulus money needs to throw through small businesses like this one. i don't need a bailout. just to open the door. >> reporter: so far that door is shut. we called bb&t bank, the area's biggest small business lender and asked why. turns out redfern's credit score doesn't match his confidence. a spokeswoman who recently paid back its own $3 billion bailout said we would have turned him down based on his credit history. redfern admits to bumps in the road that dinged his credit. this is the new world of lending. >> lenders have returned to the old-fashioned lending standards. they are making loans with the expectation that all of them are
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going to be repaid. >> reporter: that means making fewer loans to only the best applicants, even small business owners like redfern who had no trouble borrowing money in the past are being turned away. >> the banks don't want to make those loans, but the small business sector as a whole has been having such trouble. but then they can't get the financing they need to run their businesses normally to expand. >> reporter: the number of new small business loans is less than half what it was before the recession. the stimulus has helped. the amount of money loaned through sba's program has risen 50% since february. ever the entrepreneur, redfern doesn't have the loan, but he still has the business. you look at this parking lot and you see cars? >> i see it full. i see it full. now this, a world champion track star being tested, not for
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doping. members want to know if it is a man or woman ordering a gender test. is it fair? too humiliating? all right. we'll let you think about that as we invite you to this. there is a new way to join into the conversation on prime news. become a fan on facebook. just go behind -- which let you go behind the scenes with us. pictures of us, the team, richelle, myself and what stories we are covering every night. check out our website, as well. facebook or the website. ñññ
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welcome back. so many of the stories we do cry out for justice. the first to sound the alarm many times is my colleague nancy grace. one of the best legal minds in the country. her no-nonsense, common sense approach works great on tv and translated in the courtroom, as well. she had a perfect conviction record as a prosecutor. now, new accomplishment for nancy. something we can all enjoy. she is now a novelist. here is her new book "the eleventh victim." you are not going to be able to put down this book. it is a murder mystery, a page-turner. we'll talk about the book, some of the stories we cover and nancy covers, as well.
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it's a tremendous book. greats to be here. >> it's an honor to be with you. we watch you every day as we are all getting ready for our show. if i could just take ten seconds to say hello to john, david and lucy because you are normally asleep when mommy is at work at night. right now you are up with mom-mom and granddaddy watching this show. >> they are your pride and joy, aren't they? >> they are my whole world. i didn't even know what love was. i had no idea. i thought i knew was love was until i had them. >> let's talk about that. since you brought up the twins. i'm a dad. i have two, 13 and 10. after the first one you are thinking, how am i going to love number two? >> that's what i thought when i found out i was having twins. i was very concerned. i thought, all this love and time and devotion i should give to one child? how am i going to split that fairly and raise two children at the same time when only one
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should get all that? it's not like that. your heart grows more love. it's not like you are splitting more love, you grow a bigger heart, i believe. >> pray the lord for that. >> praise the lord. praise the lord. >> that is one thing. there are facebook comments wondering, how do you do it? how do youmanage to write your book, do your family, host "the nancy grace show?" you didn't have an easy pregnancy. >> no. i had a tough pregnancy. i chalk a lot to the fact i was 47 when i was pregnant and delivered at 48 twins. i had no idea what was happening. i just knew i couldn't breathe. what the viewers and many people that know i was in a wheelchair the last two months of my pregnancy. earlier on i had broken my foot. i was on crutches. when i couldn't breathe anymore, i went to a wheelchair. my staff would help me out of the wheelchair into the anchor
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chair and at the end of the show back into the wheelchair to get home. it was tough. how do i do it? i'll tell you what happened. when i came out of the courtroom i missed trying cases, striking juries, being with crime victims like myself, going to crime scenes, analyzing evidence, making cases that wouldn't work, work. i missed it so much that i started writing the book. that was way back when. i started to do the show with johnnie cochran in '97. i started writing the book when i got out of the courtroom. >> it's over a decade in the making. was there a point when you said, this isn't going to get done? or did you a always know, i'm going to finish this? >> no. i always knew at the very beginning what was going to happen at the end. i knew. i just had to get there. but in the very end, what happened was, i had written
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"objection" which was easier to write because it's nonfiction. i would take various cases, high-profile and nonhigh-profile cases. the facts are given to me. i just had to give legal analysis and research. this i had to create every detail. there was a point at the very end the publisher asked me to write two haley ding books after my first manuscript. right before i signed on the dotted line, i said to my husband, i said i don't think i can finish the book and take care of the twins. i just can't do them both. the book was almost done. i didn't think i could finish and be a good mother. when i would get home from work and the twins would be asleep, i would write the book until they got up for their first night's feeding at 2:30. >> feeding time, stop writing. >> that's exactly what i would do. we would get up around 5:30 or
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6:00 every morning. sometimes earlier. i was so close. >> you were at the finish line. >> i had to get it over the finish line. >> it's written in your voice. >> i don't know if that is a good thing or bad thing. >> i related it. there was the one exchange where it's haley dean. >> don't give it away. >> i'm not giving away anything. >> every's been scolded already. it's early in the novel where haley dean is having an exchange with the defense attorney and says, hey, leonard, you are client is going to get the chair. you know, mr. sparky? that's nancy grace. >> oh, sparky. i thought it was original. apparently there are a couple of old sparkies in our country. >> did you have fun writing at times like that. >> i really did. there were also times that i would tear up, but there were a
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lot of laughs that went into this, especially when i would talk about the judge c.c., judge carter. he is an amalgamation of a lot of judges i have known. every defense attorney in atlanta is going to go, it's me, it's so me. it's not you. it's not about you. >> lit's talk about haley dean before we take a break. there are the similarities, the book's heroine. >> i always wanted a daughter, no offense john and david because i love you so a dearly. i always dreamed if i could have one child i would have a little girl i could dress up. i would name her haley after haley's comet for once in a lifetime. i thought that that would never happen to me after keith, my fiance was murdered.
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i thought the dream of wife and mother was never going to be. the closest i could get was naming my heroine haley. then of course came lucy. i grabbed the first name of my executive producer haley dean. as she is studying psychology. i studied shakespeare and literature. she drops her major and life dreams to dedicate herself to seeking justice, which is a very hard life. >> we are going to take a quick break. we'll take your phone calls. if you want to chat with nancy about the book, some of the stories we cover. nancy talked about some of the similarities. we'll talk about was it painful to write it all? more with nancy grace.
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here little girl, you are going to need these in the big house. all that sobbing and carrying on, it's all on videotape. >> they are going to have trouble proving the diprovan connection. they are going to prove this through the lengthy statements conrad murray has already given to the police. >> yeah, what a blabber mouth. >> that is the nancy grace we see at 8:00 and 10:00 eastern here on hln.
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it's an honor to have nancy here with us. >> he is a blabber mouth. he posted on youtube. did you know about that? >> yeah. >> you can't. when you are the target of a federal drug probe, i'm not saying you are a target, just saying if you are a target, dr. conrad murray, don't go on youtube and blabb. don't. shh. >> well put. we talked a lot about that one minute. who are his supporters? i don't know. anyway. >> i've got ideas it might be slander so i'm not saying it. the michael jackson saga -- you know, this is a completely different animal from the child molestation charges. i was very clear i did not believe that many little boys would get together and create a conspiracy. i think somewhere in all of that, the little boys were telling the truth. okay? i think they were fondled. next. when i was prosecuting in atlanta, hardcore felonies, i
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would have to convince certain juries that it's a bad thing to kill a deep dealer, okay? a lot of juries are thrilled the dope dealer is dead. my point is whether jackson did or did not commit child molestation is irrelevant in this probe. what matters now is who doped a dope addict till he died likely of a heart attack in front of his own child? who did that? what doctor? what pharmacy, what supplier is the cause of that? >> if dr. murray gave him diprovan in his home, not one doctor said it is remotely responsible. isn't he in trouble right then and there? >> it is way outside the parameters of the normal standard of care, which is the term hospitals and medical facilitators use by the standard
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you are judged as to whether the care you give a patient is proper or improper. is it a felony? i don't know. it is not a controlled substance by the fda yet. how he got his hands on it, that may be illegal. the use of diprovan outside a hospital is not necessarily going to be a felony, but negligent homicide is a felony. >> got you. christi is with us in michigan. your question for nancy. >> caller: hi, nancy. i love your show. i watch it every night, two houfrm hours. i watch the reruns. >> thank you. why are you calling him and not me? i never called into my show. >> caller: i know. i always get nervous. >> what is your question, dear? >> caller: of all the stories you followed, which one affected you the most? >> you know what, christi? i have been asked that question so many times. i've got to tell you, not only
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me, but my staff. they are scattered between new york and atlanta. everybody on that staff wants to fight crime. everybody. everybody cares about these cases in their heart and soul gets so into every case. i can't just pick one. i know that during the disappearance -- i don't know if you remember danielle van dam, a little girl taken out in san diego in california. we hoped and hoped and hoped she would be found alive. the discovery of her body, she was identified by mickey mouse earrings, and it just broke my heart. that was the only way they could tell who she was was by her little earrings. i don't think i'll ever get over that. another little boy. i covered him on court tv. his name was matthew checky. the whole family was having a picnic. his aunt took him to the public
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rest room and waited outside. he went -- this is a long time ago, christi in michigan. a nut job was in there and cut the child's throat while he was in the bathroom and he died. at that time i was just an aunt. i hadn't made to it mother status yet. from then on i would drag my little nephews into the ladies' bathroom with me. i'll never forget the randomness of that violent act. >> it's those details, isn't it? even when we show the video of little caylee anthony and the sippy cup. >> when we do intros or outros when we go to a break.
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i have to take my ear plug out when i hear her voice or hear her laughing. it's just so real and poignant. lucy and john david are about to turn 2 in the fall. anyone harming a hair on their head, i can't even bear to think of it. >> we are going to take a quick break. more with nancy coming up. we'll continue to talk about that. i have to ask stories, as well. how do we toughen up, for lack of a better word, or do we let the emotions flow?
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welcome back to "prime news" on hln. it is an honor to have nancy grace with us. we are talking about her new book. great novel, "the eleventh victim." real page-turner, murder mystery. i want to look at a quote page nine. it picks up where we left off before the break. this is haley dean, the heroine prosecutor, similarity with you, nancy grace. haley dean is talking to the victim's mom. in the book it says haley triedw to keep her an impersonal, professional tone.
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she steeled herself. define that for me. what does it mean for you or anyone to steel ourselves? >> well, you are saying steel as in saying steel as in steel. hardin yourself, block your emotions and think and speak with a clear head, which is something that was very difficult for me to do as a felony prosecutor because i would have behind me either a row of the victims and serial rapes, murders, it would be the families of the victims. expecting me to pull the rabbit out of the hat and somehow make everything okay again, which i learned after my very first murder prosecution of a young woman named mary. she was about 20 years old, she had the mind of about an 8-year-old child. she was murdered, and i got that guilty verdict, and there was no
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jubilation. there was no celebration, because when your heart breaks, you can't put your heart back together again. but there was at least the accomplishment of seeking justice. and to speak to a jury with everybody counting on you to pull it out is a very difficult thing. >> all right. the clock's ticking on us. we should have gone a whole hour. more with nancy coming up. if you get in with your phone call, you get a free signed copy of the book. so christy in michigan, we'll get you a signed copy. coming up, last block with nancy, we'll talk about whatever we can squeeze in. >> call us. >> more with nancy grace coming up. 8
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