what about it, peter odom?u what i think, nancy. i think that he probably planned on doing more than he actually did. and that's why there was a condom there. and -- >> a used condom. ah, ah. a used condom. >> so say the police reports. we'll see what actually comes up in that. >> yeah, the police, they're real liars. >> he didn't bring her there for a girl scout meeting. he brought her there for sexual purposes. there was alcohol in the room. things didn't go as far as he meant them to go. >> how do you know that? there's a used rubber. there's a bottle of brandy, and she's given a sworn statement. he's telling police he paid the girl $300. >> but the friend has given a sworn statement, too, saying the person who gave the first sworn statement said there was no sex. so there's reasonable doubt all over this case about whether there was actual intercourse. the condom is easily explained away. people use condoms, nancy, to prevent disease. >> i want to hear that. how is the condom easily explained away? put odom

eleanor odom, renee rockwell, peter odom. time arthur aidala opens his mouth we've got a different story. number one, he comes out, there was no sex that night, nobody had sex. next, there was no consensual sex, nobody had consensual sex. last thing he says is it was consensual, nobody was beaten, nobody was threatened. i'd like to put him on the stand and cross-examine him with his own statements. >> but if you listen to the words he's saying, nancy, he's saying there was no consensual sexual intercourse. he did not say that there was -- >> that's not what he said. >> no, no. listen to him. he did not say -- >> renee, just explain one thing. one thing. the used condom. >> we don't know if it was his or not. >> renee, with a straight face, please, just try not to lie. >> he could have had the condom on. he could have not used it for intercourse. >> you know what, a little green man could have beamed down from mars, used the condom and left it in lawrence taylor's room. maybe that's what happened. and had a slug of brandy befo

i could kind of see it right now, out to you, peter odom, jason oceans, eleanor odom. she'll come on to the scene and let me guess it will be at a golf course. okay. if they make that scenario happen in a porn video, jason oceans, would tiger woods have the right to get an injunction to stop it or to sue? >> i don't know why he would have the ability if consenting adult is involved in the porn industry. obviously. >> because it would clearly be about him? >> yeah, but you wouldn't use his name. you would make everything seem just as close. >> put jason oceans up. jason oceans you don't have to name an individual, for instance, i don't have to say, michael jackson. all i have to do is put on one glove and dance like nobody else in the universe ever could. >> that's why tiger would have no basis to sue as long as you didn't use his name. but all of us would know who it was. >> i understand. now let me ask you this, jason oceans, i think i got you over the barrel. isn't the truth a scum pleat defense? >> well, we're talking something published or slanderous as opposed to

peter odom, give me your best shot. and while we're at it, clark, please bring me "the new york post" and the "new york daily time" articles. go ahead, peter. >> okay. well, it sounds to me, nancy, as if the prosecution's case just completely fell apart. everybody was all up in arms and falling all over themselves to put on their shiniest uniforms last week -- >> put him up. what? what fell apart? i've got in the prosecution's complaint that the defendant, lawrence taylor -- there he is down in the bottom box. he's the big one on "dancing with the stars." the defendant advised the deponent, that's the state, that he did pay the girl $300. for what? >> well, the state originally charged him with having sex with her. and now it's pretty clear he didn't. and they're going to be falling all over themselves to think of a charge now, nancy, because they're not going to prove -- they're not going to prove intercourse. >> you know, you know, i believe you wear contacts because your vision is sorely impaired. i don't know where

eleanor odom, renee rockwell, peter odom.irst of all, eleanor odom, this is your specialty as far as the girl's dna on the condom, of course it's going to be there. >> of course. of course. his should be there, too, as well. you're going to be able to get that. >> they did say used condom. we can only assume there will be dna. >> exactly. phone records, that's pretty standard, getting those in investigations. you always have just the word of the witness. but that's the most important person. she was the one who's beat. she's the best one to talk about it. you know what irritates me? this defense attorneys that act like because she was prostituted out like it's somehow her fault. she's a victim, nancy, and she was raped. >> so renee rockwell, take a listen. rosie, do you have that sound for me of the defense attorney? take a listen to what the defense attorney said, renee rockwell, peter odom. >> my client did not have sex with anybody. no. period. amen. is that enough? i did not say it was consensual. i said the district atto

what about it, peter odom?o go is -- to put it in context for the judge this is not going to be a whodunit or gee, it wasn't that bad a beating. this is an awful act. the attorney taking this will try to mitigate it and get her the best deal they possibly can. that school will be in civil trouble as well because that school is going to get sued. >> i hope so. i hope so. to melissa in florida. hi, melissa. >> caller: hi, nancy, how are you? >> what's your question. >> caller: i have to tell you one thing. not only are the children adorable but no one can take your place when you have a night off. i've never missed your show. you are an incredible person. do you a great job. >> thank you, melissa in florida. >> caller: this is so unconscionable that these schools today are not certifying teachers. anybody can go in and run these classrooms. this is a disgrace. my question is how will the state prosecute her as well if she's not a certified teacher? and that child in the picture you're showing, he didn't even figh

i love peter odom.s opinion but he's just totally wrong. >> he's totally wrong. and i think he's actually making a lot of it up. irene in tennessee, i only wish lawrence taylor had a chat with you on the phone before he dialled his pimp. i'd like to know how he just happened to than phone number, irene in tennessee. response, eleanor? >> you've got to remember, nancy, it's at least the child molestation even if it was a masturbatory act. that was because of the age of the victim. >> we are taking your calls. to brandy in michigan. >> caller: how are you? >> what's your question? >> caller: i wanted to say that i love you and i love your show. i watch it every night and god bless you and your family. but my question is -- this goes about the unknown person. how do they know this unknown source isn't being set up to say that the young lady -- >> you know what, brandy, we don't know. all i know about her is she was a stripper or is a stripper. i don't know if she's been paid off, if this is a setup. but i

eleanor odom, jason oceans, peter odom. peter, what do you make of the department of children and family services showing up at their home? that's pretty serious. >> well, they have to show up when there's any kind of report, even if it's an anonymous report. they have have to go do an assessment to see if there's anything to it. it doesn't mean there's anything to it, it doesn't mean the allegations are true, but they would be remiss if they didn't go and separate the family members, speak to them and see if there's anything to it. particularly if acts of violence occurred in front of the children. >> to ely josted. what do we know about the report that was made to child services? >> nancy, we don't know who made the report. we did talk to the department of children and families who would describe just only in very general terms that when they get a report like this that they believe it's been made in good faith even if the person hasn't personally witnessed some sort of incident, they still do an investigation. they still

out of atlanta, randy kessler and peter odom as well, all joining us. eleanor odom, littit is not out the realm of possibility to make some type of move if. he was probable her -- i think there is some good evidence to corroborate his statement. >> peter odom, funerals and memorials are tried and true. in fact, the feds are well known for rigging up microphones, hidden surveillance chamraz, you name it, graveside -- what do you think. >> van der sloot has already told five or six stories about what happened, so what if he comes and tells a sixth story. it's true you can prosecute a case without a body, but you can't prosecute a case without admissioned and effects alone. peter, peter, peter. you're absolutely correct in the united states. is he -- if all you have is by a a -- there is video of him, yoran van der sloot, leaving a bar with natalee just before she goes missing. that could be evidence. >> right, you just need something to corroborate, and that's all it is. if any of those confessions come in, or him admitting it, that tape will go into it.

none. >> agree, peter odom?portraying some one, using their image or name in an unfavorable, unflattering situation that is not true such as a porn movie with tiger woods could be what's called false late defamation but it would be a stretch in this case. as you suggest, nancy, truth is a complete defense to defamation. >> i an not suggesting it, peter odom. i am telling you it, flat out, point-blank the truth is a complete defense. also, jason oshins there is the issue of him being a public figure. you can make a lot more fun and say all sorts of nasty things about somebody if they are a public figure. talking about the president, the vice president, celebrities, people on tv, tiger woods. you can say all kind of nasty things about them. true or not true. and get away with it. that's the state of the law. >> 100%. >> you are right. think of "saturday night live" that parodies the stars all the time. get away with it. >> back to the lines. betty, ohio. hi, betty. >> caller: hello, nancy. >> hi, dear. what is you

eleanor odom, peter odom, and lauren lake. peter odom, where's the striking a fixed object charge? >> well, bring it on. charge him with it and let's be done with it. this is a minor traffic accident. it's right there. they should charge him with it and be done with it, nancy. this is a minor traffic accident. >> not my question. i said where's the charge? >> they haven't decided to bring it yet. who knows why? you know why? >> no. why? >> because they're so fix kuwaitated on the fact this is tiger woods and his celebrity. why don't they do what they'd do in any other traffic accident, issue a citation and be done with it? why drag this guy through the mud? >> i absolutely agree. this is a whole bunch of ado about nothing. this is a traffic accident. the man did what -- >> put her back up. >> put me back up. because he gave what he was supposed to, nancy, his driver's license, registration, and proof of insurance, and from then on out he doesn't have to say anything until they charge -- >> you know, lauren lake, you are absolutely correct. he is a victim, is under no duty to speak

eleanor odom, felony prosecutor. peter odom, defense attorney out of atlanta. randy kessler, defense attorney also out of the atlanta jurisdiction. mark nejame, these tapes are damning. what's interesting to me and i think it will be pointed out to a jury is that no one except for ronald cummings ever talks about finding haleigh. the one-year anniversary, the one-year mark of her going missing came and went this week. not one person noted it in all of their yakking. the only one that mentioned finding haleigh was ronald cummings. >> yeah. well, you may remember that it was misty who took a polygraph in my office. i remain convinced to this day, i think art does as well, that ronald had nothing to do with the missing -- his daughter missing. and despite whatever else he's done and been accused of i have no doubt that he had nothing to do. whatever his means were to try to find out what happened to his daughter, as unorthodoxed as they may be i don't think it had anything to do with it. >> mark nejame, how badly did she flunk that polygraph? >> miserably would be

joining us tonight eleanor odom out of atlanta, randy kessler and peter odom as well. all joining us. eleanor odom, it is not beyond the realm of imagination to expect authorities to make some type of move if joran van der sloot comes home for the funeral. >> no, not at all, nancy. you've got to remember not only do we have his statements, he was placed with natalee holloway by other people before her disappearance and her probable death as well as the brothers who were with him too in this whole disappearance of natalee holloway. there is good evidence to corroborate his statement. >> peter odom, funerals and memorials are tried and true. in fact, the feds are well known for rigging up microphones, hidden surveillance cameras, you name it at funerals, memorials, gravesites. what do you think? >> joran van der sloot's already told four, five different stories about what happened. so what if he comes and tells a sixth story. it's true that you can prosecute a case without a bode, but you can't prosecute a case based on admissions and confessions alone. that's all they'v

he just hiding. >> eleanor odom -- thank you. eleanor odom, going back to this yacht thing, just for image sake, i don't think that that looks so good. i'm palling out with my friends to wherever, you know, around the holidays. >> exactly. and when you are also looking at the custody issue, think about that. his wife has a good argument to say, here he is opportunities to have at least to spend sometime with the kids and the family he's out gallivant tong yacht and not spending that time with the kids. that, again, puts anymore a weak position talking custody. >> and peter odom, i would guess, well, who knows? but does it look like a man trying hard to save the day? >> well, i certainly that aspect to it. we hear reports he is eating cereal and watching cartoons and kind of not the direction he wants to go if he wants to, number one, reclaim his image. number two, reclaim his marriage. >> well, clearly, clearly, to use the cliche, a story far from over. let's close it out now and go on to another tragedy. this is a shocker. 32-ye

but that has nothing to do with the ce. >> put odom up. put odom up. have you every hrd the saying that winning a trial is 1% inspiration, 99% perspiration? i advise you, peter odom, to do your homework because while she was that salon, she yak, yak, yak. all she talked about was her dilemmas of online dating. how bad the dating pool was. that's going to come into evidence. she was still married. >> very doubtfully. no way. >> given my tutorial about sta of mind, course of conduct, plan, scheme, motive. >> exactly and typical defense argument is what you're hearing here. look, it is completely relevant. her actions surrounding what she thought was going to be the hit, the murder of her husband. >> terry eridan, i keep seeing -- terry's with us from 1010 wins. i keep seeing a black and white photo of her in a vehicle. we don't have the sound yet. but is that taken by the undercover surveillance cop? >> that is undercover, yes. that's the undercover video. >> that's the would-be hi man. matt zarrell, clarify something for me. is it her father that's a re

eleanor odom, renee rockwell, peter odom. typically, what happens next in a trial? eleanor, she's going to plead not guilty. how fast will we see these drug charges, drug trafficking charges go to trial? >> well, no florida you have automatic speedy trials. so it's going to happen pretty quickly. but since she's pled not guilty, the defense is entitled to receive basically a copy of the prosecutor's whole file. that's called discovery. and then we'll get ready for trial, or maybe there will be a plea bargain, but we'll have to see. sounds like a pretty good trial for the state. >> and to you, renee, will they be tried together? >> nancy, this is not a case that's going to go to trial. i cannot imagine it. the one you have to feel sorry for, though, is ronald. because obviously, he has nothing to bargain with. he's just going to be sunk. i don't see a trial. i see a plea bargain. and i see misty not spending a whole lot of time in jail just because of her age. i see ronald just going down a lot harder. >> you know, i see it completely differently, eleanor, because th

eleanor odom, peter odom, meg strickler. meg strickler, it doesn't sound like her lawyer communicated that to her because she's still talking about leonard padilla bonding her out. call him, call him, call him. the lawyer's giving this press statement saying, don't call my client. >> doesn't sound like everybody's connected with each other here at all. sounds like confusion central. plus if padilla goes into the jail and speaks to her, we're going to be seeing it on your show just like this. the lawyer would have to be there also. >> peter odom, isn't that a huge breach of duty to be -- have your client thinking that padilla could bond her out and the lawyer's writing him and giving public statements saying don't call my client? >> it would be, nancy. remember, we're getting this second and thirdhand from unreliable sources. >> if you're referring to padilla i would not consider him to be unreliable since what he's saying is being corroborated by croslin behind bars. to bill, former nypd, now with ma jessky associates joinin

let's go back to the lawyer, peter odom. peter odom, when everybody first read that letter, it was assumed to be b.s. there's really no other nice way to put it. >> that's right. >> but the fact was, there was nothing in it for the author. she was writing a confidant. there was nothing she could gain by the letter. this is starting to have a tiny ring of truth to it. >> nancy, it's called corroborate ration. it certainly lends credence to what a lot of people did dismiss at first, and they're going to use this as leverage to try to get misty to talk, this new arrest. >> joining us out of philadelphia, joe, bottom line, they tried this with the brother. i believe it was tommy crosslin who is back behind bars now. they've tried it with misty croslin's brother. these people have nearly $1 million bond. they're not going anywhere. they're looking at almostover 1 years behind bars. somebody has to crack. >> somebody has to get her across a table, look her in the eye and say, you're not going anywhere for a long time, anyway. do y

and also, he was a judge, peter odom. and many people believe that he pulled strings to get this case assigned to a friend that was also a judge. >> that may be, but nobody is going to come forward and say, hey, by the way, i acted corruptly in this case, let me now tell the truth. what's done is done and this case is not going to go anywhere and it wouldn't have anyway, nancy. >> what about it, randy kessler? >> i think paul did his job as a father and a lawyer. time is on this defendant's side. memories fade, witnesses disappear and there's been no body. i think his father did a good job if he was protecting his son. >> put kessler up. >> i didn't say it was ethical, i didn't say i agree with it. >> i don't believe i asked you anything else. randy, you have children, don't you? >> absolutely. got a beautiful daughter. >> and in light of the fact that dave holloway is with us tonight, natalee's father, i couldn't see you when you said paulus van der sloot did a good job in covering up for his son. do you want to rephrase

eleanor odom, she could be tried for trafficking now. get her behind bars on a stiff sentence and then continue to develop the murder case. >> exactly. if they get enough on her or anyone else they can try that whenever they find the body if they find the body. >> bottom line, to peter odom and renee rockwell, she can't be retried on a murder if she is acquitted the first time. you can't be retried even if you make a confession. >> no, that's double jeopardy. what's interesng is she gets tried on the trafficking. she can get convicted. while sitting there thinking about it she could buy her way out of jail even after conviction, nancy, if she wants to come forward with some information that would put a killer behind bars. >> what about itpeter? >> i thank that the pressure is starting to work, frankly, nancy. >> really? she's talking about what she had for dinner and you tnk she's cracking? >> i think some of the pressure is starting to show. >> really, how? >> i think by some of the -- she's becoming more emotional. she's starting to ta

attorney atlanta peter odom. renee, don't you just hate it when your client calls, demands a press conference, and he cries about halfway through it. and then about 15, 30 seconds into it, he goes okay, any questions? he totally stops crying. his nose automatically stops running. that's an oscar-winning performance. how did he do that? >> hollywood is not going to be looking for him. >> if they are, they'll know where to find him. >> the police officers were probably happy to give that interview blasting all over the news. but nancy, what they're going to do is once he does something like that -- and believe me, you'll see that video again in a courtroom -- once he does something like that, police sit back, have their criminologists look at his body language and they weren't going anywhere e e else. they were looking right at him. and then they decided to go see where he dumped the problem. >> this will be great in court. so many time wes wish we had a video of the actual crime. you don't usually get that. >> pet

i think that speaks a ton of information. >> to the lawyer, eleanor odom, peter odom, anne bremner. to disappear is not a crime. >> it's not a crime. >> actually, i never wanted to just -- >> i wanted to give my best to your mom. accident know she was sick. you call her after every show, so close with her with the twins, john david and lucy, our thoughts and prayers from out here with you and your mom. >> ann, thank you. eleanor, what about it? it is not a crime to just disappear, but i'm just not getting that sense. why wouldn't he tell anybody in his family? why wouldn't he take everything they needed for the children? i mean, the fact that they have got these two kids, these two children, that changes the entire complexion of the case. >> exactly, nancy. if it is just one person trying to hide or disappear -- >> piece of cake. >> that would be easier. but you're trying to hide a whole family, that just doesn't add up. it seems like cops found something in the house, too, that would lead them to believe otherwise. maybe it was some type of, who knows, bodily fluid, blood, somethin

eleanor odom, renee rockwell, peter odom. and attorney for tommy croslin joining us tonight out of jacksonville, florida, james werter. first to you, eleanor odom, polygraphs, hypnosis, can they come into court? >> it depends. a polygraph can if there's a stipulation by both the state and the defense -- >> an agreement. >> an agreement. exactly. and then it could come into evidence. but hypnotists and hypnosis, that has not been allowed in courts as of yet. >> and when she says stipulate, renee rockwell, typically the way it's done is that before you take the polygraph you agree, we're going to do a poly, this is who's going to give it, and you don't know the results when you agree up front. are we going to let it come into court. right? >> that's right. but you don't know the results, nancy. i wouldn't let one of my clients take a polygraph unless i had gotten a polygraph previously by a private polygrapher. and i'll remind you of the case, nancy, you and i had together when you were tracking to crack the red rapist case in

susan moss, peter odom, joe lawless. you know, peter odom, when everybody first read that letter, it was assumed to be bs. you know, there's really no other nice way to put it. >> that's right. >> but the fact was that there was nothing in it for the author. she was writing a confidant. it wasn't like she was handing over information. there was nothing she could gain from the letter, right? she wasn't as part of a cooperation agreement. so this is starting to have a tiny ring of truth to it. >> well, nancy, it's called corroboration. and it certainly lends credence to what a lot of people did dismiss at first. and i think the police are going to take a good, hard look at that, as they -- and they will use this as leverage to get misty to talk, this new arrest. >> to you, joe lawless, author of "prosecutorial misconduct," joining us out of philadelphia. joe, bottom line, they've tried this with the brother. i believe it was tommy croslin who's back behind bars now. they've tried it with misty croslin's mother. they got a

. >> and eleanor odom, prosecutor. what will he have to do to say to a court, wherever it may be, florida, california, hey, i'm a good daddy? >> i think he will have to show the fact he spent time with them, he's involved in their lives and here's where elin may have a leg up on him sort to speak. she has been the sole caregiver. she is providing care while he is off doing the different tournaments and charity events. she has a little bit of an edge in that department. >> alex sanchez, defense attorney. in talking about half the $600 million, let me get this straight. florida is a little bit different picture. what will she have to do if she wants to take the proceedings to a florida court? >> well, first, she will have to file some type of a complaint in a florida court. then the issue of whether or not there's a prenuptial agreement is going to come before the courts to determine whether it's valid in florida or valid in one of the other states. so first an action has to be taken before the courts so a court can make

eleanor odom, renee rockwell, peter odom. renee rockwell, if you want to get somebody bad-mouthing a possible -- somebody the defense wants to be a murder suspect, who do you go to? the ex. get her on deposition. i can't believe they did that. you know what, i hope, i hope the defense plays that for the jury. >> and, nancy, her credibility will surely come into issue, but all the defense has to do is confuse one juror, nancy. this is the death penalty case, and if this woman hadn't been put up to if, and if she's believable and if she says duct tape and they come in and they talk about, well gosh, didn't this guy go to the scene a couple of times and make 911 calls? that might strike one juror. >> what about it, peter? >> you know, nancy, renee's quite right. all the defense has to do it create reasonable dut. the state is going to be jumping. and down and saying, duct tape says the ex-wife and duct tape on the body. it's just a coincidence. >> you know the first thing i would do, eleanor, i would get all the filings that the

eleanor odom, michael mazzariello, host of syndicated show "street court," peter odom. what about it, michael mazzariello? >> i think that you're right on the money there, nancy. this is a case where the mother absolutely had to get rid of that baby and the smiths have nothing to hide here. he actually volunteered for a polygraph test. that's what you want as law enforcement. >> everybody, as we go to break, happy 6th birthday to tiny crime fighter mario mazzariello. he loves kindergarten, batman, and of course, mommy and daddy. veteran new york attorney, host of "street court" michael mazzariello and the beautiful elizabetha, happy birthday, little mario. pras >>> i met her in an airport. she was depressed, crying. her face was drooped down. instead of holding the baby here, the baby was down here. and i just knew -- >> let's unleash the lawyers. joining us, eleanor odom, prosecutor atlanta, specialty crimes on women and children. michael mazzariello, host of the syndicated show, "street court" and peter odom, defense attorney. eleanor odom, weigh in. >> what i'm also

i could kind of see it right now out to you, peter odom, jason, ellen odom. she'll come out to the scene, and it will be on a golf course. if they make that scenario happen in a porn video, jason oceans, would tiger woods have the right to get an injunction to stop it or to sue? >> i don't know how he'd have that ability if a consenting adult were involved in the porn industry. >> because it would clearly be about him. >> you wouldn't use his name, you would make everything seem just -- >> jason oceans, you don't have to name an individual. for instance, i don't have to say michael jackson, all i have to do is put on one glove and dance like nobody else in the universe ever could. >> that's why tiger would have no basis to sue as long as you if they make that scenario happen in a porn video, jason oceans, would tiger woods have the right to get an injunction to stop it or to sue? >> i don't know how he'd have that ability if a consenting adult were involved in the porn industry. >> because it would clearly be about him. >> you wouldn't use his name, you would

. >> put odom up. peter odom, they're not starting to buy a castle in europe. elin nordegren has closed on a castle on an island off the north coast. i don't know if he, tiger woods, is part of that purchase, but let's go to alexis with radaronline.com. alexis, what can you tell me about reports that moving vans have pulled up to the compound in florida, packed up, left, now we see boxes being loaded onto woods' multi-million-dollar yacht, the privacy? >> nancy, that has happened. a moving van did pull up in front of tiger's home. they moved out lots of boxes. we didn't see either tiger or elin, but she does have the home. tiger's plane landed today in her home country of sweden and the boat seems to be moving things, too. >> ellie, yet another woman has decided to go public, and she goes on and on about all the pain she's worried about she's causing the wife of elin nordegren, then why the heck did she go on the today show to announce if she's so worried? take a look, ellie. >> what was he telling you? >> just that his marriage was on the rocks and there was a