so how do you laet violent sex offender practice family medicine? and treat sick kids. examine them. dr. david livingston pled guilty. a misdemeanor back then. tennessee gave him a medical license. what? can't wait to hear the explanation for that. plus, a judge tells a former aide of john edwards, hand over the alleged sex tape or else. it shows edwards and his alleged mistress having sex.

any chance it will leak out to the public? welcome. this is "prime news." i'm mike galanos. how does a violent sex offender, a guy that pleaded guilty to sexual misconduct with a 15-year-old step daughter get a medical license? dr. david livingston. state of tennessee knew this guy was a sex offender. gave him a medical license anyway. why? because state law doesn't necessarily prohibit a sex offender from practicing medicine. worst part is, he's been family practice doctor treating sick kids, examining them. how does -- come on. help me with this one. how does he get a license? how is it not revoked once authorities find out? we'll take your calls. joining me, former criminal investigator. also with us, anita kay, former sex crimes prosecutor. john, we have violent sex offender that is can't get

within a thousand feet of day cares and schools and this guy can examine young, sick kids. >> absolutely, mike. if you look at a letter up on the website of the tennessee board of probation and parole, they give you a listing of all the things that you can't do as the fall of 2009 coming up on halloween. if you take a look at everything on the page, it is all about not being around children at all so there's a lack of consistency. now, i realize that the guy pled guilty and got a misdemeanor but that's not what this letter says. just for being on the registered sex offender list, you have to comply with. this how is it around halloween you can't be around kids but they allow you to have kids in an examination room by themselves? lack of consistency and a dangerous policy. >> anita kay, help us out with the law here. what does the law say that allows this guy to practice? >> mike, the issue is here in

tennessee what the medical board is saying is does this not exclude him automatically. medical licensing boards are different state by state. >> shouldn't law override that? >> the board has different rules and every state has to who can become licensed but the bigger issue, if the tennessee medical board doesn't specifically address sex registrants, there's an application process. and in that application process, they're going to ask an individual, have you been arrested or convicted of a crime? have you ever been denied a license in another state? they ask questions to probe into the background. and all of this information about his crime in 1987 in the was known when he was licensed in 1992. let alone one that requires registration. he was denied a medical license in two states. >> right. >> that's what should have said to tennessee, hey, this is not

somebody to have a medical license. ever. period. >> exactly. okay. we have got a state senator there in tennessee. diane black trying to do the right thing. get things changed there. let's talk about what she is proposing afterwards. let's listen. >> require that is there would be a revocation of a license of a doctor. if they are in violent sex offender, and that there wouldn't be -- of course, they have a due process in the accusation and the charges. but if they are then found guilty that there wouldn't be a lot of discussion about whether that doctor should be practicing here in our state and that doctor would have their license revoked. >> anita, were you confident this legislation will do what it's intended to do and stop this? again, it was a mother's intuition to kind of alert things. the mother of a sick 8-year-old, didn't feel right about dr. livingston. that motherly instinct kicked in. it shouldn't take that. >> exactly.

now, what they're proposing should pass because everybody is going to want those safeguards in place. the issue the senator talked about is that the accused would have a right to due process. which is a medical board licensing hearing. what they need to do, though, is pending the investigation, pending the hearing, they need to suspend the license immediately pending the outcome of the hearing. and then if the person is found to be unfit to practice medicine, based on sex registration or crimes committed or other things, there's a permanent revocation. my understanding is the doctor is still practicing, yet his license is still -- that hearing hasn't happened yet and he is practicing medicine. >> unthinkable. jennifer with us in florida. go ahead. >> caller: hi. i have two issues with this. i'm wondering about the state's responsibility that he is practicing in. nationally, the ama, the american medical association, what responsibility they have. wondering in a different state would this have been less likely

to happen and nationally. can the ama have a better process of finding these people and connecting so it wouldn't happen again? >> that's a great question. should be once system to red flag something like this. anita, i'll start with you on this one and then john's take. this should be on everybody's -- sees this. two other states, connecticut was one of them, denied him the license. >> right. there should be one governing body. but it's just like any other professional license. states have individuals because certain issues arise in certain states with regard to certain licensing issues. here where i practice in california, no, he would not have slipped through the cracks. i'm confident he would not have gotten a license because he's a sex registrant. i don't know if he was choosing states less stringent. they delve into a person's background and shouldn't be having to register but the conviction, the crime and that he wasn't able to get a license in two other states. >> right. >> that's a huge red flag.

>> ochblgt john, get your take when we come back. we'll take your calls on this. we are also going to hear from the doctor's attorney. so you want to stick around for that, get their side of what it is. also this one, more controversy over the super bowl ad we talked about last week. florida quarterback tim tebow, it's an ad. there's a pro-life message. his mom pam was told by doctors to have an abortion. she went, carried full term. tim tebow, living a great life. attorney gloria allred is intimating mom is not telling the whole truth. we'll take your calls on that.

it's outrageous to think that a violent sex offender is practicing medicine in the state

of tennessee. we're talking about someone who had a six-year relationship with his 15-year-old stepdaughter, indicted for first-degree rape, sodomy, yet still practicing, examining sick, young kids. a couple of facebooks on it. natasha writing, you can't trust anyone these days, not even your own kids' doctor. why would they allow a doctor convicted of this to practice? there's the bottom line question. if he is practicing, shouldn't we know? shouldn't a parent know? i mean, there should be a notification on that. john lucich, we had talked before the break what's the best way to red flag this on a nationwide scale where it shouldn't be just a couple of states denying him. it should be across the board, right? >> absolutely. but, you know, there is -- red flags weren't needed. this guy admitted to everything and he just kept applying until he got accepted and they gave him his license. now, somebody brought up the fact whether the ama can step in. i don't have too much faith in the ama because if you read the reports a lot of doctors come

out in support for this guy and i have no idea why they would put their reputation on the line. i'm not really against licensing as i am against him seeing patients. maybe fulfill a purpose behind the scenes. taking a look at x-rays. where he has no direct patient contact. because that's the problem where it becomes an issue. >> and as the story goes, he's practicing family medicine and his bosses found out. so they wanted a chaperone with him when there were physical examinations. he didn't comply with that. we mentioned red flags. anita, that's a red flag right there. >> absolutely. i do disagree. i don't think he should have a medical license at all because it tarnishes the entire medical profession. even if he's looking at x-rays, it's tarnishing the entire medical profession. people who work very, very hard to get where they are. he should not be -- the license is a privilege. he went to school. you go before the board. you've got to keep up with certain things to stay a licensed physician.

he has no business whether he sees patients or not. >> and i'm sure a lot would agree with pup let's listen to his attorney. again, dr. david livington's attorney defending him. let's listen. >> i just believe that dr. livington was denied due process when he first was placed on the sex offender registry. i think that's the number one issue. the tennessee bureau of investigation made an investigation and found that he was a sexual offender registry. but they ignored the provisions under our code, the tennessee code, in which the commission of any act on or after november 1st, 1989, constitutes the offense. it also defines what offense that triggers a sexual offender registry, and he was not convicted of anything on that list. >> real quick, anita, clarify. this was look time ago. it was a good 20 years ago. the laws have changed, right? >> right. and most sex registration laws

are retroactive. they will go back. and if you were convicted of specific offenses, you must register. and if it is determined he has to register -- my understanding is he's pending criminal charges for failing to register when he moved to tennessee. let's say there was a loophole. let's say because he was convicted in 1987 and the registration didn't come into effect until '89, as i believe his attorney stated, the tennessee medical board can still look at his conduct. they look at the whole file. they look at everything. that alone should keep him out of ever getting a license. >> okay. guys, we have to leave it there. john, anita, thanks so much. coming up, we'll talk once again. we talked about it last week. focus on the family joining forces with tim tebow. it's an ad about his life. his mom advised by doctors to have an abortion. it could be life threatening if you carry to full term. she went ahead. carried baby to term. there's the baby or tim tebow, heisman trophy winner. the guy led a great life. now attorney gloria allred says the ad is misleading.

she'll join us. want to hear from you. 1-877-tell-hln is the number.

welcome back. a couple of controversies surrounding super bowl ads. one was just flat out denied. it's an ad for a gay dating website. man crunch. here it is. >> whoa! >> come on. >> oh, yeah, that's what i'm talking about, baby. you suck. yeah. that's right. >> that's good. that's good. ♪ i want to kiss this guy ♪ i really really really want to kiss this guy ♪ ♪ go ahead why not ♪ >> okay. that ad denied by cbs.

last week we told you about an ad featuring florida quarterback tim tebow and his mom, pam, sponsored by focus on the family. no one has seen it yet. let's be clear on that. pam tebow is expected to talk about how she was sick while she was pregnant with tim in the philippines. doctors gave her the advice to have an abortion. it could be life threatening if she continued. she carried to full term and gave birth to tim tebow, heisman trophy winner and now will embark on a career in the nfl. attorney gloria allred joins us now, victims rights attorney. she has problems with that ad. we want to get her in on the conversation. and you as well, call in 1-877-tell-hln is the phone number. gloria, it's one thing to disagree with the ad. but it's another when you're calling into question basically the credibility of tim tebow's mom, pam. is that what you're doing when you're questioning whether or not she could have gotten an abortion in the philippines? sounds like it. >> no, that's not what i'm saying. what i'm saying is -- you're right, none of us have seen this

ad yet. but what i'm saying is it's clear that at the time that she had to make this choice, it was illegal and still is in the philippines for a woman to have an abortion. and the penal code in the philippines made no exception even to save the life of the mother. and so i'm saying that that should be part of this ad. that it is a crime and that was the choice. whether to commit a crime, and by the way, the person who had the abortion and the person who gave the abortion, a doctor, a midwife, another health care provider, all could be sentenced to prison in the philippines for providing an abortion or for having one. >> a couple of things i saw. i read a u.n. document that said in the philippines, there's one stipulation you can have an abortion if the mother's life is at risk. and it's believed that at that time tim tebow's mom, pam, could have had an abortion. it was pretty easy to get. so we don't have her or anybody at that time to tell us, but it

sounds like it was on the table and it wouldn't have been that hard for her to get. >> well, the allen goodamacher institute says that there is no legal exception in the penal code. there are those who would make an argument if perhaps one argued necessity that maybe there could be an abortion to save the life of the mother but we don't know that. there is no exception, even for rape, in the penal code of the philippines. so what that means is women are faced with the choice, many of them, of committing a crime and they don't have the choice of having a legal, safe, affordable, available abortion. which is what i think people should have. so i think that we really need to know all of the facts and all of the facts should be in the ad, not just some of the facts. >> well, how -- obviously, the question is, you pay $2.5 million for a 30-second ad. it's tough to get all of those details in there. and the second thing is she could have had an abortion, chose not to, gave birth. tim tebow is the result. that's their story.

what's wrong with that? they're just telling their story. and from what we gather, it's not going to be heavy-handed. it certainly is pro-life in its essence. your problems with that, gloria. >> i know -- i mean, i guess i'm expecting -- i don't know -- to be a sugar-coated religiously inspired ad. i personally don't want to see any advocacy ads during the super bowl. i think the millions of americans would prefer to focus on the football and maybe some fun commercials. but not this kind of ad. so i think, again, they should give all the facts. you know, millions of women die from illegal and unsafe abortions. that's not a choice. even where a woman can argue that it's necessary to save her life, in the philippines, she would have to go before a board of medical professionals to make that case or the doctor would. how humiliating is that? and often a woman isn't going to know if her life is at risk. so what kind of doctor is going to recommend that a woman have

an abortion if it's illegal to do so and if he or she could be subjected to prison terms if they perform it? so i just think there are a lot of questions about the story. i'd like to know the names of the doctors who recommended the abortion. >> pam tebow went through this. you're calling her credibility into question. do you feel good about that, gloria? >> i'm not calling her credibility into question. but i would like to know more facts. and i'd like them to include the fact that really it's not a choice for so many women in the philippines -- >> she says it was. and, gloria, thanks again for coming on. we'll have the other side coming up. >> it's not a choice if it's possibly illegal. )a)a)a)a)a)a)aa

we're just a few days back from haiti and already some tough news i have to share with you about something known as normal weight obesity. this is what we're talking about here. simply put, a lot of people pay attention to their weight and for good reason. it's an important thing to follow. you get on the scale. if your weight seems normal, you think, good. i have decreased my chance of developing all sorts of different problems. and you probably have. but if you have something known as normal-weight obesity where your body fat percentage is too high and lean muscle mass is too low you may still be at increased risk.

this is sort of the important point here. people who fall into that category of normal-weight obesity have about four times the risk of developing something known as metabolic syndrome, putting an increased risk for hypertension, high cholesterol and diabetes. so that's why a lot of people focused on this, the guess is around 30 million americans may fall into this category of normal-weight obesity right now. so here's the important thing. first step, probably get your body fat checked. if you're not sure where you fall under this, you can get it checked. even some of the home scales do a pretty good job of checking it within about 10%. better readings come from your doctor's office. maybe even your gym has a machine to test it. find out what it is. take a look at the numbers. for men it's dangerous over 23%. for women over 33%. also, the second sort of piece of advice here is depending on what you're doing, you may want to add more resistance training to your workout. you may want to add more interval change. you want to do things to build up muscle mass. also, again, with this whole

idea of changing the percentages between body fat and muscle mass, it helps with that as well. so a little bit of a tip there. normal-weight obesity, tuck that term back away. there's something you can do about it. back to you for now. welcome back to "prime news." a judge tells a former aide of john edwards, hand over that alleged sex tape. reportedly shows edwards and his had pregnant mistress rielle hunter having sex. does andrew young have copies? if so, will it be leaked out to the media? now this. one brave, young athlete is in a fight for his life, battling two types of cancer. his emotional plea for help is getting the attention of some pretty big names like pop superstar rihanna and kareem abdul-jabbar. but his best chance for survival will probably come from an everyday citizen. let's take a look.

>> i'm seun adebiyi. i'm 26. i'm training for the olympics. i have a law degree from yale. i have a mother who loves me. and i have leukemia. i need a match to save my life. >> as part of our "what matters" series, richelle carey spoke to this remarkable young man about his search for a donor and why it could help others facing the same disease. >> seun, this video that you have made, it's deeply moving. it's very inspiring. we need to know more about your story. tell us when you found out you had leukemia. >> i was diagnosed about a week after graduating from yale law school, this past summer. it was june 2009, and it was actually just after my 26th birthday. >> how did the news hit you and your family? >> it hit in stages. the first thing we learned was that i had a kind of cancer which is highly treatable. so at first i wasn't too panicked. but when they did biopsied they discovered something more serious, a second cancer

stem-cell leukemia and chemotherapy can't cure it. my only chance for survival at this point is a stem-cell transplant. that was a lot harder to take. >> i would assume when you're told, okay, there is something that can help you, there's got to be a moment where there's something we can focus on. but then you're told that the chances of finding people that can help you really aren't that good. >> yeah, it's a tragedy that minorities are so underrepresented. african-american cancer patients like myself only receive life-saving transplants 17% or less of the time. >> okay. and you have chosen to do something about that. let's talk about what you're doing about this. >> well, my goal is to register 10,000 new donors to the registry. and my focus is particularly on minorities. there are two reasons why african-americans and other minorities have a hard time finding matches. one is because we're underrepresented. and the other is because we're also just genetically harder to match.

all it takes is a 30-second cheek swab. and based on that action, you could be the person that saves someone's life. the actual donation process, again, is very simple. it's at no cost to the donor. and it can change someone's destiny. >> one of the goals is to get 10,000 new donors. clearly, you know how to set goals. you know how to set goals. let's talk about your goal for the olympics, as well. >> absolutely. i've been obsessed with the olympics since i was 6 years old. i was a competitive swimmer for nigeria and missed the 2004 olympics by 0.1 second. so i decided to try again for the winter olympics in 2014. >> there are some big shots that are paying attention to you. i think you're the big shot now. >> it's amazing the kind of support that has come out, and it really gives me a lot of hope. we've had celebrities like rihanna and justin chambers come out and showed their support. we also had corey booker film a psa. but the real heroes in this situation are the volunteers.

you don't see them because they do all their hard work behind the scenes but who care about this cause and care about me. >> all right, seun. let's talk about what is the next step in your treatment? >> i will undergo a cord blood transplant while we continue to look for a matching donor. in the best case scenario, i won't relapse. but if i do, i'll be back where i am now, which is desperately searching for a donor. >> all right. speaking of the registry, speaking of trying to get donors, let's drive people to the website again. >> dkms americas.org. >> we're going to have continue to follow your progress on every level. on the medical front. on the personal front. we're going to continue to follow you just because you have such a fantastic smile. thank you so much. >> thank you for having me. >> absolutely. all right. i'll get all of that information on my facebook page. >> our prayers will be with that special young man. coming up, a judge finds a

former aide to john edwards in contempt, orders andrew young to a hand over that alleged sex tape of edwards and his pregnant mistress rielle hunter. he has a wednesday deadline. will he comply? what happens if he doesn't?

welcome back to "prime news" on hln. a judge in north carolina is demanding that a former aide of john edwards hand over that alleged sex tape. and andrew young has a deadline, wednesday, 2:00 p.m. the judge found young and his wife in contempt today and wants them to hand over the tape and any copies asap. the tape reportedly shows edwards and then pregnant mistress rielle hunter having sex. she's been fighting to get it back. any chance this could be leaked to the media? we are hearing he made a copy. how many copies are out there? call in 1-877-tell-hln is the number. joining me to talk about this, attorney jim moray, chief correspondent inside edition and author of the book "the last day of my life." let's start there, jim.

you and i were just talking about rielle hunter says the tape made 2006, but yet, i believe she gave birth in february of 2008. so that timeline doesn't mesh. i mean, are we talking about the same tape? could there be other tapes? >> well, there have been allegations that there's more than one tape. you're right, mike. the timeline doesn't mesh. i heard in your intro you were wondering could this be leaked. my feeling about this is if there's a tape, you can always make a copy. it's very easy to do that. and as long as the tape is made, there's always a possibility that it can be leaked. that's something -- i don't care if andrew young hands over the tape. there may be another copy floating out there somewhere. because we don't know if this was the only copy to begin with. >> right. okay. andrew young says he was advised to make a copy. why is that? why would someone advise him to make a copy? >> i would suspect basically for insurance. he was coming out with a book. and if there were any legal actions that were going to be started, he could say, look, i have a tape. i'm not suggesting in any way, shape or form that this is illegal or he was doing it for blackmail. i don't believe that at all.

but i believe it was insurance because this was a relationship that clearly there's betrayal on both sides. and i just think he felt more comfortable having it hidden away in a safe place. >> we do have andrew young talking about that. i believe he's ready to give up the tape. let's listen to what he had to say. >> we're happy to give the materials to the court. we -- in over two years we were never planning on -- we never did anything with them. there's a reason no one has ever seen the tape. and while the court resolved these issues we're happy to give it to the court. >> there you have it. and it seems like right now, jim, it's young and hunter are the major players. what about john edwards? can he do anything? does he have any say so in this in making sure this tape doesn't get out? >> i don't -- well, no, he doesn't have possession of the tape. so, yeah. he could do whatever he wants. but let's face it, he's being portrayed by about every side as the bad guy. he is the guy who was running for president. he's the guy whose wife had cancer. he's the guy who was having the

affair, who told his girlfriend to get the abortion, not to have the child. he wouldn't acknowledge that the child was his until he had his aide cover for him, and then months later -- there's virtually everything you could do wrong, i think john edwards has done it wrong. >> yeah. and back to the tape, jim. so the judge's ruling or his telling young, hey, give me tape, does this say the tape is rielle hunter's and she can do whatever she wants with it? >> not necessarily. i think the court will view the tape. i think that andrew young made it very clear that you see a pregnant woman. he recognized a room that resembled or closely reem super bowled rielle hunter's ring but you could clearly make out edwards' face. this according to young in a house where they had both been. her surprised from that that it was her. i suspect that the judge will want to review it and make a determination himself. you know, it's -- the problem is that once the tape is made, you just don't know. it's like putting it out on the internet. you just never know when it's

going to surface. >> which is where this may end up. who knows? when we talk about rielle hunter, besides the tape, what's her mindset? you guys spoke with her sister. what did you glean from her? >> "inside edition" talked to roxanne marshall, how she met edwards, fell in love, had pet names for each other. they used a separate cell phone which they called the bat phone that john edwards' wife discovered the affair when that bat phone went off when it was in john edwards' luggage. john edwards' wife answers the phone and rielle hunter starts talking thinking it's john on the other line. she reportedly throws the phone at her husband. he denies the affair and the story unfolds. what's interesting is according to her sister rielle hunter really believed that when john edwards' wife passed away from cancer she would become the first lady. they have since reconciled to the extent that they're now friendly, that they've got a custody arrangement, a joint custody arrangement with the

daughter, their child. that there's a financial deal that's been struck that rielle is happy with. according to rielle's sister, rielle really believes that they will end up together. >> wow. quick facebook from colleen, who sums it up when you get back to elizabeth edwards saying hasn't elizabeth edwards been through enough? and obviously, she has because they're on the way to divorce. >> sure. i can't imagine -- public humiliation aside, i mean, she's dealing with so many other health issues. you'd like to think that your husband would stand by you and not betray you so publicly. >> okay. jim, always good to have you aboard, jim morette. >> thanks. >> thanks. coming up, high school senior on the national honor society sets up a facebook page and ends up being very critical trashing his school. so the honor society kicked him out because he violated a pledge to be loyal to his school. but yet you look at this. what were his first amendment rights violated?

how do we cut through all this? i'm going to talk to this high school senior coming up, ask him about the facebook page and the pledge he took, and we'll take your calls as well.

all right. good topic here. want to hear from you on it. by the way it's a poll we're taking at facebook. lay out the story first. high school student kicked off the national honor society because he slammed his school on facebook. his name is alex fuentes, 18 years old. senior wesley chapel high school in florida. he created page on facebook called "the pros and cons of wesley chapel high." said it was a "d" school. i believe that's the rating it got. he's frustrated. then other students chimed in, some even swearing on the side a little bit. the school gets wind of this and a panel of teachers voted unanimously last month to dismiss him from the national honor society on the grounds that he didn't keep his pledge to show loyalty to his school. alex since transferred to a different school and says his first amendment rights have bee violated. what do you think? taking your calls. 1-877-tell-hln.

by the way, the poll on facebook. whether or not you think he should have gotten kicked off the national honor society. right now 82% say, no, he should not have. so chime in. there it is on facebook for you if you want to vote. alex is with us now. alex, welcome. sounds like the people are with you. that's got to make you feel good. let's start there. tell me about this facebook page. why did you even start it in the first place? >> well, in the beginning, it was just all a joke between a friend and i. we were speaking about it in school. and the word fail is kind of a slang word nowadays. it's not necessarily the word fail completely as in utter failure. it's more of a joking comment. the facebook page i started was just called wesley chapel high school equals fail. >> that was the original title? >> yes. the original title was "wesley chapel high school equals fail." it was in a jokingly manner.

and nothing meant to -- not hurt anybody's feelings, not meant to slander anybody. it was a joke between a friend and i that people got wind of and -- >> who got wind of it? who told the teachers? how did they find out? >> honestly, i'm not sure. i know that many people started joining the group page and who? how did it get found out? >> honestly, i'm not sure. >> you're not sure? >> many people started joining the group page and started, themselves, bashing the school. and bashing the teachers. and one of the teachers must have gotten wind of it or somebody must have told them. >> they get wind of it and then how did you know, uh-oh, you're going to get booted off the national honor society for this? >> yes. i believe the principal called me to the front office. once they found out, which i think was three, two, three weeks after i created the facebook page. once it got popular, had 200-plus following. yes, the principal called and

told me the nhs is going to question this and -- >> did you apologize and say it was just a joke? >> yes. >> did you try to save your standing with the national honor society? >> definitely, definitely. i implored everybody to understand. i hunted down everyone who had been personally offended by this, and i told them my story. this personally offended you. >> by the letter of the law, it looks like they have got you, in the sense that, you know, it's a joke that got away from you. you know, if you're starting a facebook page that wesley chapel high school equals fail, that's not being loyal. so, you knew you were kind of in trouble. is that right? >> yes, i -- at first, i didn't think it would be enough to -- >> to apologize? >> no. i didn't think it would become such a big ordeal.

>> oh, i got you. alex, we're going to continue the conversation. 877-tell-hnl, call in.