bostick had turned his life around.ernor barbour agreed. >> the power of pardon in the state is to give people a second chance who have repented, been rehabilitated and redeemed themselves. >> this is quite the artist, this is the gift she gave you. >> and this is how she signed it lt. >> reporter: she signed it with her hand print? >> but don't tell linda smith that he's ready for a pardon. the driver of the car was harry bostick. >> she should still be here with me. she should still be here with me. this should not have happened. >> the sun had just set on on october night and charity was driving down this gravel road. she had come to this neighborhood to pick up her sister and take her to dinner. they were excited, hay hadn't seen each other in quite some time. charity pulled out into the highway to make a left-hand turn bostick slammed right into the side of her charity was killed, her sister survived. bostick was sent to a -- harry bostick's attorney never returned our it turns out the governor i was and parole boa

harry bostick's attorney never returned our repeated calls.le he waited in jail, haley barbour pardoned him. he was free. how did that happen? the governor's office and parole board never did a last-minute check of his record. both say they had no idea that he had been arrested a fourth time for drunk driving. a baffling stroke of luck for harry bostick, and linda smith worries her daughter has been forgotten in all of this. >> you feel that they didn't know what happened to charity, didn't know what happened to her? >> yes. surely they didn't know about her. why would they do it if they knew about her. she was a person, not just a name on a piece of paper. she was a person. >> charity smith was saving money to go to college, dreaming of getting a business degree. a young girl with big dreams and an artist's heart. >> this is the one that stands out to me. mourned by a mother with a broken heart. >> ed, has anyone from barbour's office explained how they would grant a pardon to somebody who was in jail for killing somebody else? they just didn

ed: "do you regret pardoning (door slams) harry bostick?"laammd before ii could finnsh asking if he regretted pardoning harry bostick... a repeat dui offender pardoned by the governor, bostick was in jail suspected of a 4th dui aftee a 18-year-old harity smith..the questions remaii unanswered still.ed lavanderr, lexington, straight ahead... retails sales hit a rouuh patch.the inddstry bbamed for lag.and looking for aamate?the big purchase you should mmke... that could help you out! ((break )) a new study says homeownees are more attractive. and as shelby lin reports... retail sales caused some worry on wall ssreet. street. stocks rebounded in the final few minutes tuesday to end little changed.the dow closed 878.the nasdaq and s and p weee virtually flat.retail sales increased in january, but not by as much as expeccedd they only rose by point-four percent, half as much as numbers were dragged down by a surprise decline in auto sales. michaee kors' stock ii alll ddessed up and looking fabulous.the luxury retailer possed stellar quarterly ree

. >> when you first heard that harry bostick was pardoned, what went through your mind? >> i was just so sad. i didn't understand it. >> had anyone from the governor's office called you? >> no. no. no one. >> their office said that he wasn't aware of the fourth dui charge which was the charge that was involved and related to your daughter's death when he pardoned bostick. do you believe them? >> i have to. i mean, surely, he wouldn't have done that. i mean, i'm sure he wouldn't have done that. i mean, if somebody already had three, and you know there's another one, i mean, how could you? how could you do that? >> so he was sitting in jail on that fourth dui charge when he was pardoned. at this point -- >> yes. >> what can be done now in your eyes to bring some justice to this? >> take his pardon back. he should have never been pardoned. >> when you think of him right now, free with his slate wiped clean, his record wiped clean, what do you think? >> i have to believe that justice will be served. i have to. >> have you ever said anything -- seen this man, said anything to

. >> when you first heard that harry bostick was pardoned, what went through your mind?> i was just so sad. i didn't understand it. >> had anyone from the governor's office called you? >> no. no. no one. >> their office said that he wasn't aware of the fourth dui charge which was the charge that was involved and related to your daughter's death when he pardoned bostick. do you believe them? >> i have to. i mean, surely, he wouldn't have done that. i mean, i'm sure he wouldn't have done that. i mean, if somebody already had three, and you know there's another one, i mean, how could you? how could you do that? >> so he was sitting in jail on that fourth dui charge when he was pardoned. at this point -- >> yes. >> what can be done now in your eyes to bring some justice to this? >> take his pardon back. he should have never been pardoned. >> when you think of him right now, free with his slate wiped clean, his record wiped clean, what do you think? >> i have to believe that justice will be served. i have to. >> have you ever said anything -- seen this man, said anything to h

a baffling stroke of luck for harry bostick. worries her daughter has been forgotten in all of this. do you feel like they didn't know about charity, they didn't know what had happened to her? >> yes. surely they didn't know about her. why would they do it if they knew about her? she is a person. she wasn't just some name on a piece of paper. she was a person. >> reporter: charity smith was saving money to go to college, dreaming of getting a business degree, a young girl with big dreams, and an artist's hard. >> reporter: this is the bun that stands out to me. >> yeah, this one "life is short." >> reporter: mourned by a mother with a broken hard. wolf, what stands out, as we reviewed many of the pages in the pardon application filed by harry bostick, you see over and over referenceses to an expedited investigation. we talked to one prison system source here in mississippi saying there was such an on slaw of pardon applications and they were up against the clock to finish them up before the term expired. >> what a sad, sad story

the way this all unfolded is last summer, harry bostick began gathering letters.rviewed by the parole board. that appears to have been wrapped up by september. the parole board voted 3-2 to recommend him for a pardon. all of the paperwork was mailed to governor barbour's office. that appears to be the end of it from what we have been able to tell. it was a week later that this terrible accident happened and charity smith was killed. between the months of october, november and december into early january when harry bostick was pardoned there was never a mechanism in place that went back and double checked that everything was still okay and harry bostick was in jail and according to the governor's office and the parole board they had no idea he was there and he walked out of the jail. spoke with the sheriff who said he had no idea the pardon was coming and he had to let the guy walk out of jail. >> is it possible he could be held culpable in the crash that killed her daughter and if so could he be arrested for that? >> it is possible. essentially what will happen is

bostick was in jail after the accident when the governor signed his pardon on a previous dui.y's mom last week and she said she never heard from governor barbour and never got an apology. an open invitation stands for the governor to come on this program. just as we have been offering for the last couple of weeks. we are joined right now by ed. you were able to get a glimpse this to how the case will be argued tomorrow. how dud does the governor's side plan to defend its decisions. >> reporter: there's two main points that stick out from the brief that was filed in the supreme court here in mississippi today. one of them and they are arguing quite plainly they don't believe this court or any court here in mississippi has any jurisdiction any way of overturning these pardons. they say a pardon issued by the governor is his sole power . that nobody can take that away from him and no one can contest that in any way. that's the overall theme they will be arguing and they have pointed out that they feel, in their words that if indeed they feel like this wasn't done prop erly, that

it was bryonn bain, aka bostick. i did not know who that was. they have given up my information and i've done myself in jail again for a crime i did not commit. this time i said, hell no, i am suing everybody. the police, the state of new york. the public defender came to me -- this is the craziest part of the situation. the public defender who is there to defend your constitutional rights -- she came in to see me with plastic cause and a surgical mask. i saw her walking around with all the rest of the brothers. i thought maybe she had something that she did not want to give us. [laughter] that is righteous. i respect that. whenever you have to do. then she got me into the interrogation room and she said to me, you say you have education. where did you go to school, high school? public-school of new york. this does that add up. i skipped two grades before college. where did you go to college? how did you pay for college? you went to grad school? how did you pay for law school? what did that have to do with my case? i was just going with the flow

four long-time board members including their chairman roy bostick announced they are leaving the companyyvale company is struggling to reinvent itself. >>> brazil wants twitter to stop people from tweeting about radar traps. the government is suing the website $290,000 for every day it fails to comply. this might be the first time that a country is trying to make twitter delete content with a lawsuit. last month twitter said it would begin deleting user tweets in countries that require it to do so. but keep those deleted tweets visible to the rest of the world. >>> online dating may not be all that it's cracked up to be i guess. >> that's right. they did a recent study out of northwestern suggesting that finding a match online is possible but your chances are not any better than they would be at a bar. online dating website are like supermarkets and they give people too many options. and they usually make a bad choice. >> we need elizabeth to chime in on this. [ laughter ] >> she's not here. >> nice. [ laughter ] >> not going there. >> all right. >>> a manmade a decision when he turned 5

bostick was sitting in jail, as i said, after the deadly crash, when the governor signed his pardon on the previous dui and he walked out of jail. that seemed to be a case of the governor not knowing about the fourth arrest and the corrections department not notifying him. he's also under fire for not notifying the families of the pardons. but jim hood's claim that governor barbour violated a provision in mississippi's constitution, section 124, that requires criminals to give notice in local papers for 30 days prior to their release. attorney general hood said in 22 cases, that rule was not followed. governor barbour's lawyer defended the pardon by saying that it may have been violated, but legally, it didn't really matter. >> if there is no substantive right that has been violated, no prejudice that results from an arguably, either failure to comply or partial failure to comply with a provision, then there has been no damage, there has been no harm, no suffering that would require redress. >> we'll talk to jeffrey toobin on what the words no harm mean from a legal standpoint. what no

police say that wasn't the case with harry bostick. wasn't his first or second or third arrest. it was his fourth. investigators say he was drunk when he slammed into the car of an 18 year old who was killed. bostic was in jail after the deadly accident when the governor signed his pardon on a previous dui. we talked to charity's mom linda last week. she said she never heard from governor barbour after her daughter died. an open invitation stands for governor barbour to come on this program as we've been offering for the last couple weeks. ed lavandera joins us right now. ed, you were able to get a glimpse into how the case is going to be argued tomorrow. how does governor barbour's side plan to defend its decisions? >> reporter: there are two main points that stick out from the brief that was filed in the supreme court in mississippi today. one of them and they are arguing quite plainly that they don't believe that this court or any court here in mississippi has any jurisdiction, any way of overturning these pardons. they say the pard

bostick around for a well, all the way through tonight. -- it will stick around for a while, all thechance for thunderstorms on saturday. the droid razr by motorola, now with amazing tools like the hd station. share your pictures, stream hd videos and movies. all on your tv. or connect your 4g lte droid razr to the lapdock and unleash its massive computing power. even seamlessly video chat. all powered by the 4g lte droid razr. droid razr by motorola, just $199.99. and back for a limited time, get twice the data for the same low price. verizon. >>> 8:00 now on a wednesday morning, the 29th day of february, 2012. you're looking at the faces and the bodies of the young british invasion band one direction. their new hit "what makes you beautiful" has become the top selling single of all time in the uk. they've got 60 million hits on youtube now. they are heating things up in north america as fans line up to see them. get ready for the madness to take over rockefeller plaza. they are coming here for a concert on monday, march 12. if you've got a young one you will probably be on your way