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ISSUES WITH JANE VELEZ-MITCHELL

Family Suing Over Wrong-Way Drunk-Driving Crash; Casey Anthony to Appear in Court Tomorrow

Aired December 10, 2009 - 19:00:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


(BEGIN VIDEOTAPE)

JANE VELEZ-MITCHELL, HOST (voice-over): Tonight, terror on the interstate. Shocking insight into the wrong-way crash that killed eight people, including four kids, on a New York highway. The family of the victims now suing the driver`s estate, claiming their loved ones suffered terror and pain before they died. The soccer mom driver was boozed up and high on marijuana when she drove her minivan the wrong way on a highway, turning her car into a speeding bullet. The driver`s husband vehemently denies his wife was drinking the night of the wreck. But will he have to pay for his wife`s mistake?

And the hits just keep coming in the Tiger Woods sex scandal. Tabloid reports swirling out of control. We now have a video from a porn star as she brags about having sex with the billion-dollar golfer. And get this: it was recorded six months ago. The alleged mistress count is up to 12. And according to some of the ladies, Tiger never practiced safe sex. So is the worst news yet to come for Tiger?

Plus, a massive culture clash sparked by reality TV. A new show on MTV called "Jersey Shore" is shining the spotlight on self-proclaimed Guidos and guidettes. We`re talking spiked hair, fake tans, and muscle heads. Some in the Italian-American community are outraged, claiming the show perpetuates stereotypes and discriminates against Italian-Americans. MTV insists they aren`t changing a thing. So is the show overly racist or fair game? We`ll take a look.

ISSUES starts now.

(END VIDEOTAPE)

VELEZ-MITCHELL: Tonight, an escalating war over a horrific crash that killed eight people. Diane Schuler, her minivan packed with kids, her body full of alcohol, drives for two miles the wrong way on a New York highway. She plows into another car. Eight people are killed, including Diane, her daughter, and three young nieces, and the father and the son in the car Diane hit.

Now the family of those victims in the other car are suing Diane`s estate and suing her brother. The suit says 81-year-old Michael Bastardi and his 41-year-old son, Guy, suffered terror and pain and mental anguish before they died. They say Guy did not die instantly. They say he lay there on the ground in excruciating pain. The Bastardis are furious that Diane`s husband is denying that she, the driver, was drunk.

(BEGIN VIDEO CIP)

ROSEANNE GUZZO, DAUGHTER OF MICHAEL BASTARDI: We just want to set the record straight. This case has more inconsistencies than we can comprehend. It started with Dominic Barbara with all of his excuses, then Dan Schuler`s denials and Jay Schuler`s statement that it was in error.

And then to top it off, Mr. Ruskin, who gathered evidence in this case, was found to be a convicted felon. We were denied a grand jury to get the answers we seek. So we will get them through the -- through civil litigation. That`s our only hope.

(END VIDEO CLIP)

VELEZ-MITCHELL: That`s an angry relative of one of the victims at a news conference today, talking about these bizarre excuses offered by the flamboyant lawyer for Diane`s husband. Listen to this.

(BEGIN VIDEO CLIP)

DOMINIC BARBARA, ATTORNEY FOR DANIEL SCHULER: She had numerous medical conditions. Problems. One of them was an abscess, which was almost two months old. She had diabetes at various levels. She also had a lump on her leg, and the lump on the leg -- we`re not sure what it was, but it was moving.

(END VIDEO CLIP)

VELEZ-MITCHELL: Oh, really?

Diane`s husband, Danny, swears his wife was not driving drunk, even though the official toxicology report shows she had pot and ten shots of alcohol in her system. Is he in denial, or is he lying to protect the deceased, Diane? The Bastardis intend to find out. They say this lawsuit is not about the money. They want answers. Will they get them when the husband is questioned under oath in a court of law?

I want to hear from you. Give me a holler: 1-877-JVM-SAYS. That`s 1- 87--586-7297.

Straight out to my fantastic expert panel: Judge Greg Mathis, host of "The Judge Mathis Show"; prosecutor Stacey Honowitz; psychologist Brenda Wade. Boy, do we need you tonight, Brenda. But we begin with "New York Daily News" reporter Dorian Block.

Dorian, what is the very latest on this lawsuit?

DORIAN BLOCK, REPORTER, "NEW YORK DAILY NEWS": Hi, Jane, thanks for having me. This is just such a sad, sad story all around.

Westchester County prosecutors declined to press criminal charges in this case. So basically, the family is having to take it into their own hands. As you saw, Roseanne Guzzo, who lost her father and her brother in this horrible accident, is now suing the family of Diane Schuler. She`s hoping that a civil case, a trial, will bring some answers as to what was happening in that campsite where the family was before Diane Schuler got in the car.

Also recently, an investigator for Diane Schuler`s husband has basically claimed that, because Diane Schuler stopped at a McDonald`s and was able to place a complex order at the McDonald`s, that proved that she was not drunk, even though police have said that her blood alcohol level was .19, I believe, at the time of her death. And also, she had elevated THC levels, which would be evidence of marijuana use.

This family just wants to know what happened. They would be compensated, obviously, if they were to win at trial. But they`re also hoping to perhaps change law, and have people be held accountable if they know that someone is going into a car and -- filled with children -- and is going to drink and perhaps smoke pot beforehand.

VELEZ-MITCHELL: Here`s the big issue. Daniel Schuler, the husband, refuses to admit that his wife may have had a drinking problem. Listen to this.

(BEGIN VIDEO CLIP)

DANIEL SCHULER, HUSBAND OF DIANE SCHULER: I go to bed every night knowing, my heart is clear. She did not drink. She`s not an alcoholic. Listen to all that. She is not an alcoholic, and my heart is rested every night when I go to bed.

(END VIDEO CLIP)

VELEZ-MITCHELL: He also tells "New York Magazine" his wife was, quote, "perfect, and a saint." And he describes their marriage as idyllic.

Danny tells his son, the lone survivor of the crash, that his mommy is in heaven where good people belong.

He did admit to the cops, however, that Diane occasionally smoked pot, but he will not budge on the alcohol issue, even though the toxicology reports showed she was drinking ten shots before the crash.

Brenda Wade, so many people have commented, this guy is in denial. But what`s going to happen now that there`s a civil case, when he has to take the stand and testify under oath? Doesn`t denial have to give way to answering cold, hard facts?

BRENDA WADE, PSYCHOLOGIST: Not necessarily, Jane. Not necessarily. The problem with denial is that the person who has the denial often doesn`t know they`re in denial. That`s why we call it denial. It`s a subconscious mechanism. The person who`s in denial is simply interpreting the facts through a filter that protects them from a truth they cannot handle.

VELEZ-MITCHELL: But Stacey Honowitz, you`re the Florida prosecutor. OK. If it he takes the stand and remains in denial, he is under oath, and he could be subject to penalties if that denial crosses the line into lying.

STACEY HONOWITZ, PROSECUTOR: Well, if they find out that he lied under oath, I mean, certainly you can have a perjury charge. But in this case, the investigation is going to mirror the wrongful death case. The civil suit is going to mirror the exact way a criminal investigation and a DUI charge would be. And so all those necessary questions that are asked in the DUI investigation was to whether or not someone was behind the wheel intoxicated are going to come up when he`s on the stand.

How was she when she got behind the wheel? Did you see her drink? Did she smoke pot the night before? Did she smoke pot that morning?

So all of those issues are going to be a big problem when he takes the stand and denies it, and then the toxicology report comes into evidence. So that`s where you`re going to have the problem.

VELEZ-MITCHELL: Now, Judge Greg Mathis, one of the reasons this family is filing a civil suit is that the D.A. said, basically, we can`t file a criminal case because the person behind the wheel, who would be the defendant, is dead. So they`re like, well, the criminality ended with her. That infuriated the Bastardis, who feel they are entitled to answers. Did she have a drinking problem? Was she smoking pot on a regular basis?

So is the proper format, a civil case, for them to try and get answers, Judge?

JUDGE GREG MATHIS, HOST, "THE JUDGE MATHIS SHOW": Absolutely. In a wrongful death case, you`re suing the estate, and in which is the case here. And when you sue an estate, you can sue an estate of the person who committed the crime or the act of negligence. And I believe that`s the proper form.

What`s going to come out is, was the brother, whom I understand played a role in allowing her to leave with the car, was he negligent? Two, as we`ve just discussed, the awareness. And quite frankly, when those lawyers cross examine the father or, I`m sorry, or the husband, he`s going to snap out of that denial. They do that for a living. They use logic and reasoning, and they`re going to snap him out of it.

And so, yes, they`re going to find out a lot of facts that the family wants to know.

VELEZ-MITCHELL: Yes, well, listen, I want to bring up a couple points, but first Dorian Block. OK, they`re suing. How much are they suing for, and does this man even have any money? This is what always gets me in these civil suits. Oh, yes, you can go to court and sue all you want for millions of dollars, but if the person you`re suing doesn`t have any money, then what`s point?

BLOCK: The -- there is no amount of money listed in this suit. I read through the papers, and I met with the family today. And they`re not asking for a specific amount of money. That will probably come out at the trial, and they would put in a request to the jury as to how much they`re asking for.

What they`re hoping for is answers to what happened, and also to possibly change the law. Recently in New York state, a new law was passed that makes it a felony to drive with a child in your car if you`re drunk driving. It`s called Leandra`s Law. And they`re hoping that something similar to that could be passed to prevent people who know that somebody is getting in the car with children from just getting off without any criminal charges.

VELEZ-MITCHELL: We`re going to go deep into this case, talk about some of the things that were happening leading up to the crash, including reports that some people saw her on the side of the road throwing up. What does that say?

All right. Everybody, stay right where you are. We`re going to have plenty more to say on the wrong-way crash, and we`re also taking your calls. I want to hear from you. Drunk driving, a huge issue. 1-877-JVM- SAYS, 1-877-586-7297.

Plus, is the worst yet to come for Tiger Woods? So far, a dozen women claim to have had sex with him, and two of them are porn stars. Tonight, we ask the question, did he really think nobody would find out?

But first, tragedy on the highway. Eight people killed when a boozed- up, pot-smoking soccer mom sped the wrong way down a New York freeway. Now a grieving family suing the driver`s estate. Do they have a case?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Because we have never known Diane to be anything but a responsible and caring mother and aunt, this toxicology report raises more questions than it provides answers for our family.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

GUZZO: We are not villains here. As a matter of fact, I had a mother come up to me where I live in Yorktown Heights. She said, because of my family and this case, she had the courage to stop a drunk mom from driving with her child in the car.

(END VIDEO CLIP)

VELEZ-MITCHELL: Cops say that woman`s father and brother were killed, all because Diane Schuler got wasted and then drove the wrong way for almost two miles on a New York parkway.

Now, four children also died in this horrific crash. Three of them -- three of them were the daughters of Diane`s brother. Now, that grieving dad is also being sued. Is it just because he owned the van that Diane was driving, or is it something else? Published reports allege, it could be connected to one of his young daughters calling him from inside the minivan on a cell phone. She said, "Daddy something is wrong with Aunt Diane."

The "New York Post" reports sources say Diane`s brother then went out looking for them instead of calling police. The "New York Post" reports somebody else in the family made the frantic 911 call.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The girls just called in distress. They said that the aunt is driving very erratically, "we think she`s sick." And we`re trying to locate the kids. And the best they could -- the best they come up was what that they were on -- they were at the Tarrytown rest center.

(END VIDEO CLIP)

VELEZ-MITCHELL: Stacey Honowitz, first of all, we invite this side of the family on. They can tell their side of the story any time they want here on ISSUES. But do the Bastardis have a case against Diane`s brother? He lost three kids. Is suing him just callous and cruel?

HONOWITZ: Well, look, Jane, I think people would look at it and say he had suffered so much already, what more could there be? But I think this family is looking for responsibility, and so they have to kind of spread it around. They have to see who might be responsible.

Was there a duty on his part to call the police when he heard that this woman was sick? Now, of course, is there an obligation? We don`t know.

VELEZ-MITCHELL: Listen...

HONOWITZ: Should he have called instead of going out and looking? But quite frankly, they want to see where the liability would stick. And so I think it`s going to be a very interesting case how it plays out. The judge might dismiss this defendant and say he`s not a proper defendant in the case.

VELEZ-MITCHELL: I don`t think he`s a proper defendant. The guy lost three daughters. That`s unimaginable. And maybe he called 911 and they didn`t answer. You know how many times I`ve called 911, and I`m hearing -- I don`t know, it`s not music, but I`m not getting a person. It happens all of the time.

HONOWITZ: No, you`re right. Really have to say how -- there will be pretrial motions to try to dismiss him out to say that there was no responsibility on his end. We`re going to have to really wait and see how that plays out.

VELEZ-MITCHELL: We`ve got a caller. Chavis, New Jersey, you have a very personal connection to this kind of story. Tell us about it.

CALLER: Sure. I can relate to this case. I`ve been watching it since it happened, and I don`t blame those other families. There are some missing parts to the story.

VELEZ-MITCHELL: What happened to you?

CALLER: I experienced something like this July 1, 2000, down in Warren County, North Carolina. The Ninth prosecutorial district of North Carolina.

VELEZ-MITCHELL: What happened?

CALLER: My family was going down the right side of the highway. Some other people came over from the opposite side, bucked (ph) traffic, hit them head on, wiped them out, killed five out of six, and it took 13, 14 months to go to court. And all they gave the lady -- a lady named Estelle Douglas. They gave her a $100 fine.

VELEZ-MITCHELL: Oh, my God.

CALLER: And she just walked away, scot-free.

VELEZ-MITCHELL: Oh, my God -- Judge Mathis. Thank you, sir, for that horrific story. It`s mind-boggling.

Judge, there is something wrong with our criminal justice system.

MATHIS: Certainly. In that case, it certainly sounds like there was negligent homicide, and then she got a pat on the hand with $100. It sounds more like they treated it as a misdemeanor.

In many of these instances, you have both the possibility of being charged with negligent homicide, gross negligence, which might lead to manslaughter, and many other crimes.

As it relates to the brother being sued for negligence, well, he certainly had a duty to do something once he received knowledge, but I think he may have met that duty when he went out on the road looking for them.

VELEZ-MITCHELL: I want to get to my other big issue tonight. Was Daniel Schuler, the husband, asking for this lawsuit? Did he egg on the other victims` families by simply refusing to admit that his wife was under the influence, despite toxicology tests that showed she was drunk and smoked pot? Did the family now suing feel he spat in their faces by insisting in a news conference that the cops got the test wrong? Listen.

(BEGIN VIDEO CLIP)

MARGARET NICOTINA, DAUGHTER OF MICHAEL BASTARDI: It makes me angry. It makes me angry that he keeps denying it. And every time he does it, like he brings it back for us. I just wish that he would just admit that she was drunk. Maybe if he knows what happened that morning, if they argued or anything, that would be the truth. He wants the truth; so do we.

As far as closure, I don`t know what`s going to do that. I don`t know if it`s Dan Schuler accepting what the facts were, what the medical examiner found. Maybe that would do it.

(END VIDEO CLIP)

VELEZ-MITCHELL: Get out of denial about alcoholism and drug abuse.

Thank you, fantastic panel.

Outrage over reality TV. We`re going to show you this controversial new show. Next.

(COMMERCIAL BREAK)

VELEZ-MITCHELL: In tonight`s "Spotlight," accused child killer Caylee Anthony. Prosecutors have just released new photos of her with her daughter, Caylee. Here is one of them. Fragments of the shirt adorable little Caylee is wearing in this shot were found with her remains a year ago.

Don`t miss my prime-time exclusive in-depth interview with Casey`s defense attorney, Jose Baez, tomorrow right here on ISSUES, beginning at 7 p.m. Eastern. Here is a preview.

(BEGIN VIDEO CLIP)

JOSE BAEZ, ATTORNEY FOR CASEY ANTHONY: The state wants to kill Casey Anthony. I think it`s an atrocious thing to want to kill another human being. And I`m an opponent of the death penalty, and I think it`s just a horrible thing.

(END VIDEO CLIP)

VELEZ-MITCHELL: What can we expect in tomorrow`s big hearing? Here is Vinny Politan, host of "In Session," along with Judge Greg Mathis, host of "The Judge Mathis Show."

Vinny, let me start with you. What can we expect tomorrow?

VINNY POLITAN, HOST, "IN SESSION": There`s a bunch of stuff, the death penalty that they`re going to try to get thrown out here, try to make this a non-death-penalty case.

Big news, though, is -- is that the parents, Cindy and George, have been subpoenaed and are supposed to testify tomorrow. Their testimony may relate to the fact that they`re trying to get some information in, and the investigator that they hired is trying not to have to testify, and be deposed in this case, saying there`s some sort of privilege between him and the family.

The prosecution is saying, no, that`s not the case. Let`s bring the parents in, find out exactly what that relationship is.

So that`s the big headline.

VELEZ-MITCHELL: That`s big, Judge Mathis, because during their deposition in the Zenaida Gonzalez case, they really went to town. Those depos were wild. They were caught on tape. We broadcast them. They were just angry and out of control, frankly.

MATHIS: Yes, certainly. It appears that, you know, they`re in denial, as well, if not delusional.

And with regard to the death penalty, you know, I`m not a proponent either, but I do believe in near to death charges. So if convicted, I believe a person could stay in prison in the hole forever. That`s just like death to me.

VELEZ-MITCHELL: Now, Vinny, let me get back to this whole issue around the parents. You say it`s a private investigator that`s at the heart of this. We all remember that about a month before precious little Caylee`s remains were actually found, there was a private investigator who was associated with the Anthonys who went to the very area where her body was ultimately found.

And one of them videotaped the other, looking around, and the person who was looking around was on the cell phone. And the big question was, who were they talking to? Was somebody leading them there? In other words, did somebody know where that body was?

POLITAN: Yes. That`s the big issue. And obviously, prosecutors want to get to the heart of that. Who was he talking to? Is -- and what he`s saying is, "Listen, this is all privileged. I was hired by the family. You can`t violate that privilege and make me testify."

Now, I think the story is going to be that he was there because he was told by people in the neighborhood, "This is where the -- Casey Anthony used to play when she was young," and that`s why he was in that area.

A lot of questions need to be answered, because it`s very, very suspicious. You know, investigators went there. They couldn`t find the body. He is floating around there, you know, a month beforehand. And tomorrow, by the way, is the one-year anniversary, Jane, of when the body was, in fact, discovered.

VELEZ-MITCHELL: And look at that precious little child. To think that her remains were found in that wooded area.

And one of the interesting things is that, according to some published reports, that investigator at one point said he was talking to a psychic. Oh, boy. This is going to be an interesting hearing tomorrow.

POLITAN: Don`t miss it.

VELEZ-MITCHELL: Thank you both, my fantastic guests. We`re going to talk about it tomorrow here on ISSUES, obviously.

The walls continue to crumble around Tiger Woods. Now, a dozen women have come forward, some claiming he didn`t practice safe sex. Is this trouble just the tip of the iceberg for Tiger?

(COMMERCIAL BREAK)

VELEZ-MITCHELL: The hits just keep on coming in the Tiger Woods sex scandal. The alleged mistress count is up to 12. And according to some of the ladies, Tiger never practiced safe sex. So is the worst news yet to come for Tiger?

Plus, a massive culture clash sparked by reality TV. A new show on MTV called "Jersey Shore" is shining the spotlight on self-proclaimed Guidos and Guidettes. Some in the Italian-American community are outraged, claiming their show perpetuates stereotypes and discriminates against Italian-Americans. So is the show overly racist or fair game?

Tonight, mind-blowing new details about Tiger Woods` alleged sexual exploits. One of the two porn stars reportedly linked to the golfer confirmed their tryst on videotape. Holly Sampson made the video last May, months before the scandal erupted. Here is part of the tape where Holly and her girlfriends discuss Tiger`s type. Listen.

(BEGIN VIDEO COURTESY OF TMZ)

UNIDENTIFIED FEMALE, HOLLY SAMPSON`S FRIEND: You do look a little bit like Tiger`s wife.

HOLLY SAMPSON, TIGER WOODS ALLEGED MISTRESS: I know. I know. I think he likes blondes, obviously.

UNIDENTIFIED FEMALE: Blondes with blue eyes and Big boobs.

SAMPSON: Yes. And I`m sure he would probably die to know I was telling this on the internet, but that`s OK. I don`t care. I don`t care. It was fun. I mean -- it`s not like it`s any big mystery.

(END VIDEO)

VELEZ-MITCHELL: All right. In just minute, you`re going to hear Holly describe the night she claims she and Tiger had sex at a bachelor`s party. Published reports now link him to 12 alleged mistresses. Some of them are now claiming Tiger did not practice safe sex. Are any of these women concerned about their health? TMZ is reporting claims that Rachel Uchitel is concerned. TMZ says she is flipping out that her friends say she is worried Tiger may have given her an STD, and she wants to get tested. We asked Uchitel`s attorney, Gloria Allred about this. She told us, "No comment."

Meantime, alleged mistress Jaimee Grubbs has gone public with her feelings towards Elin Woods, the wife. Listen to what she told "Extra."

(BEGIN VIDEO)

JAIMEE GRUBBS, TIGER WOODS` ALLEGED MISTRESS: I have no words to explain, you know, what I have done to her or her family. I guess I would be deeply sorry for never considering her during the whole process. And -- not.

(END VIDEO)

VELEZ-MITCHELL: Yes, right. She is so remorseful that she reportedly released hundreds of steamy text messages from Tiger. Here are just a few published by Us Weekly.

Tiger: Send me something naughty

Jaimee responds -

Jaimee: some things are worth waiting for lol. besides im at work

Tiger: go to the bathroom and take [a picture]

So much to talk about with my extra panel. Debbie Nigro, Founding Partner of firstwivesworld.com, Miranda Wade, Clinical Psychologist and we begin with Mike Walters, Assignment Manager, TMZ:

Mike, I understand you have Breaking news just in. What is the very latest?

MIKE WALTERS, ASSIGNMENT MANAGER, TMZ: Yes, huge news in the Tiger Case. In the high court in London, Tiger`s UK lawyers have obtained an injunction to stop anybody from putting out any kind of nude photographs or video portraying their client, Tiger Woods, in any way. Also, they`re saying that even if there is photos, which it is not an admission there is, they could have been falsified or changed in a way to show that their client is nude. The interesting part is, they also add in there, if there is any photos or video that he has not consented to the exploitation or consented for t his person to broadcast or publish it. I mean, this is the first time, number one, Tiger`s lawyers have said anything at all to the media about any of these women. And the fact that it`s about anything nude or any kind of sexual activity, including footage, is a big deal in this case. And I can`t believe this is the first we`re hearing from his lawyers.

VELEZ-MITCHELL: And we`ve got "In Session" Host Vinnie Politan standing by for legal analysis of this breaking news development. What do you make of it, Vinnie?

VINNIE POLITAN, HOST, IN SESSION: Well, what do you need to go to court for, if it doesn`t exist? That seems kind of strange. If it exists, don`t put it out there. That is bizarre. I don`t practice law in London, but it`s strange, Jane. What are they protecting themselves from?

VELEZ-MITCHELL: Well, Debbie Nigro, firstwivesworld.com. Is it possible that he`s admitted transgressions, he might be saying to himself, "Let`s give him the benefit of the doubt. I don`t know whether if I was videotaped. Maybe somebody secretly videotaped me during a sexual encounter with a hidden camera. I mean, certainly, it`s happened in the past.

DEBBIE NIGRO, FOUNDING PARTNER, FIRSTWIVESWORLD.COM: Yes, you know, just because Somebody is great at one thing, Jane, doesn`t mean they`re great at everything else. And I think we have to assume that smart people make bad judgment calls, no matter how brilliant they are in the eyes of the world. So when you involve yourself with people who you can`t trust, you can`t assume the outcome, can you?

VELEZ-MITCHELL: Right. And but Mike Walters, my point is that imagine the anxiety he`s going through. I think everybody who has seen this story, who is married or has been in any kind of a serious relationship, I myself have wondered, what text messages have I ever sent in my life. Started thinking, you know, gosh -- be very careful about that, not that I`ve never sent anything that I think is too racy, but imagine his anxiety, imagine his anxiety right now, wondering the what-ifs. OK, he may know there is a videotape of him naked having sex. I mean, is that a possibility? But there is also the possibility that he`s like, "It could be, because I did this, I did this, I did this. Was there a camera? Did that person holding that cell phone, were they rolling --I mean -- just imagine the torture he`s going through right now.

WALTERS: Yes, I don`t think, Jane, that it is an admission, but I do agree with the gentleman. This is sort of weird, it`s like if you didn`t have any situation where this couldn`t have happened, you wouldn`t have done this. So, what I do think it`s an admission of is the fact there was some Instances where he was with women outside of his marriage that he could have been photographed or videotaped at all in it that situation. Now, he does say in the documents, or his lawyers do say that he didn`t give consent at all to ever been photographed. So what you are saying about, "Look, he also is saying, I don`t know if somebody would have taped me when I was doing something. If they did, I don`t consent for that, either. But I think that`s exactly what this is. He`s saying, I know there could be something out there, because I was in those situations.

VELEZ-MITCHELL: I want to move, because a List of Tiger`s alleged extra marital conquests is now up to 12. It begs the question, was he at least being safe? Here`s Hollywood blogger Perez Hilton with me right here on last night`s "Issues." Listen to this.

(BEGIN TAPE)

PEREZ HILTON, HOLLYWOOD BLOGGER: More than one woman has come forward that he has reportedly had affairs with, to claim that they were not practicing safe sex. So he was putting the health of his wife in jeopardy over his sexual indiscretions.

(END TAPE)

VELEZ-MITCHELL: Vinnie Politan, can Tiger be sued for potentially exposing these women to disease?

POLITAN: If he knows that he has something. And I mean, that`s a lot of Speculation on our part, but if you knowingly have something, then, yes, someone can come after you in civil court. I don`t know if it`s going to end up in a criminal court, but you know, you talk about exposure, there`s a lot of exposure, and the more you expose yourself, the more exposure you have.

VELEZ-MITCHELL: Here`s my big issue. What the heck was Tiger thinking? If you get involved with porn stars, how do you not expect to get it out there?

Here is one porn star, Holly Sampson, back in May.

(BEGIN VIDEO COURTESY OF TMZ)

SAMPSON: I`m trying to think of who else -- I`ve had -- oh, Tiger Woods.

UNIDENTIFIED FEMALE: Tiger Woods?

SAMPSON: Yes.

UNIDENTIFIED FEMALE: Tiger Woods.

(LAUGHTER)

SAMPSON: Yes, that was --

UNIDENTIFIED FEMALE: How did that happen?

SAMPSON: Well, a friend of mine, Brent Bolthouse, he runs a lot of -

UNIDENTIFIED FEMALE: Obviously.

SAMPSON: You know him.

UNIDENTIFIED FEMALE: Yes, of course, I do.

SAMPSON: He used to be a friend of mine, and he was good friends with one of Tiger Woods` assistants. So me and my girlfriends, we did a bachelor party for Tiger, and it was amazing. And then me picked me to go into a room and have some -- you know, whatever. And I have to say, he was really good.

(END VIDEO)

VELEZ-MITCHELL: Whoa! And she is topless as she describes all these. Now, Brenda Wade, psychologist. If she`s telling the truth, what allowed Tiger to think he could keep his exploits secret? Ego, or here`s my theory, could he have subconsciously wanted to get caught, because it`s very hard to live day in and day out with a toxic secret.

BRENDA WADE, PSYCHOLOGIST: You know, Jane, that is what happens at the end of day. I think we all agree, at least I think you and I agree, there is an addictive process here, a compulsion. He couldn`t stop himself, even though this is so self destructive. Look at the mess he`s made of His life, and did he want o get caught? I think at the end of the day, an addict can`t help themselves. Things just unravel when there`s addictive illness. And it unraveled for him. What I hope is that we`ll all learn something from his, and not just cast stones at Tiger. But say, "Hey, if I have got a dirty secret, I want to do something about it."

And I hope he`ll go down Betty Ford`s road. How about the Tiger Woods` Center for Sex Addiction?

VELEZ-MITCHELL: Yes, in fact, you know what? I`m going to send Tiger Woods a copy of my book. Because my book I want -- is my personal story about alcoholism and there`s all sorts of secrets I revealed. And, boy, I felt such relief when I revealed all these secrets. You`re only as sick as your secrets.

WADE: Absolutely.

VELEZ-MITCHELL: Tiger, you`ve got some time on your hands there at the mansion in Florida. I could send it to you on audiotape or you could just read it. But I think you can relate. There is also sexual betrayal here, and emotional betrayal. You know, it appears that Tiger could be guilty of both when it comes to various women. Mike Walters, some of these women say they`re feeling betrayed, as well. In other words, they didn`t realize there were other "other" women.

WALTERS: Right. We did a story that Rachel Uchitel, the first girl that -- this actually happened to, wants to get checked for STDs, because not only does she feel betrayed because she felt she was the only one, but she also feels betrayed because she didn`t realize there was more than this many that you can`t count on one or two hands, that she even said specifically to her friends about porn stars. This is going up and beyond. So, yes, I think all these women thought they might be the only one and all of them are looking around at each other going, what was going on with us?

VELEZ-MITCHELL: Thank you. Fantastic! Guess we`re going to stay on top of that story. Obviously.

Now, some Italian-Americans fuming mad, they say a new show on MTV called "Jersey Shore" is racist and it perpetuates negative stereotypes. The whole plot of the show focuses on so-called "Guidos." I`m only using that term because that`s the term used in the show, and their sexual exploits. We`re taking your calls on this 1-877-jvm-says.1-877-586-9287. What do you think?

(COMMERCIAL BREAK)

VELEZ-MITCHELL: I`m so hungry. Here I am at the office break room, getting ready to chow down some lunch. And guess what? This is a great place to save the planet. We don`t need any of these. I brought my own plate in from home. And it enhances my dining experiences because I`m eating on a real plate. And as for all of this plastic, forget about it. I brought my own fork and knife. Or, you can use one of these fellas, okay? A fork and a spoon, commonly known as a spork. Have fun and save he planet. I`m Jane Velez-Mitchell, and that`s your Green Alert.

A colossal culture clash over the latest "reality show" to hit the airways. MTV`s "Jersey Shore" is sparking outrage tonight after one of the young female cast members gets socked in the face by a man. We`re going to show it to you. And there is it. MTV also taking hits from many Italian- Americans who say the show is downright offensive and portrays their ethnic group in the harshest light. Judge for yourself.

(BEGIN VIDEO)

PAUL `PAULY D` DELVECCHIO , MTV JERSEY SHORE: I was born and raised a Guido. It`s the lifestyle, being Italian. It represents family, friends, tanning. I got a (bleep) tanning bed in my place. That`s how serious I am about being a Guido and to living up to that lifestyle. There is no way I`m going to Jersey without my hair gel. Can`t leave without the gel. At the Jersey show the new Guido, every girl loves the new guy.

NICOLE "SNOOKIE" POLIZZI, MTV JERSEY SHORE: I want to marry a Guido. My ultimate dream is to move to Jersey, find a nice juiced, hot, tan guy, and live my life.

Guido applications accepted over here.

(END VIDEO)

VELEZ-MITCHELL: Wow. "Jersey Shore" about a bunch of twenty- somethings who live together and party it up at a summer beach house. Now, the cast is 100% Italian-American. No other ethnic groups are represented. That`s yet another issue being raised by critics, namely me. Why not?

Meanwhile, MTV`s programming chief, Tony DiSanto who is an Italian American, says the network, quote, "No intention of altering Jersey Shore despite the backlash." DiSanto said he isn`t worried about the sponsors like Domino`s Pizza who have yanked their ads.

So much to talk about. The big issue, is Jersey Shore doubly bigoted. I`m sure you have something to say about this. Give me a holler. The number`s 1-877-586-7297, 1-877-586-7297. Call me straight out to my expert panel.

Boarding in out Stuart Brazell, Reality Show Casting Agent, and Linda Stasi, TV critic from the "New York Post." Linda is proudly Italian- American. And still here Brenda Wade, Psychologist. And Vinnie Politan, Host of In Session.

Vinnie, first question to you because we have a shocking photo of you in the 1980s and your pals. We`re going to show you

POLITAN: Really?

VELEZ-MITCHELL: Yes. And as soon as we show it to you, you will see that it is you in the back row on the left. And -- my god!

POLITAN: Yes, that`s me, Vinnie, with Tommy and Joey and Ronnie and Joe. That`s the `80s. We were Guidos, and we were proud of it, Jane. And it`s not a derogatory term. We embraced the term, we own the term, we live the life. You can say it, say it, Jane. Say Guido.

VELEZ-MITCHELL: What is a Guido? I don`t know if it`s offensive. It`s obviously offensive to some people.

POLITAN: Not to Guido, it`s not. Not to Guido, it`s not.

VELEZ-MITCHELL: Well, let`s bring in Linda from the "New York Post." You find it offensive.

LINDA STASI, TV CRITIC, NEW YORK POST: I find it as offensive as saying the "n" word. I am not a Guidette.

POLITAN: You`re not, I know. Look at your hair. Your hair is not high enough, Stacy.

STASI: Wait a minute. No one in my family is. My cousin was a lieutenant colonel who brought the troops into ground zero. My brother is a scientist. My daughter is a wealthy graduate. No, we do not embrace that. No, we do not believe in domestic violence. No, the "f" word is not every word of out of our mouth, and Tony DiSanto is full it, because that casting call asked only for Italians.

VELEZ-MITCHELL: All right, I`m going to give Vinnie one more shot at this.

POLITAN: One more. My father is a federal judge. We`re all law- abiding people, but one thing about this reality show, is it`s real. I was in Seaside Heights in the `80s, okay? It was the same exact scene, taking a snapshot of some people. They`re proud of who they are. We`re not -

STASI: Well, they should be - they should be so they should be ashamed of who they are, because it`s disgusting, uneducated. They`re 29 years old. They don`t have jobs, they have no ambition. It`s repulsive.

POLITAN: By the way, at least one of them is a college graduate.

STASI: Well, you`d never know it, He`s working in a t-shirt shop.

POLITAN: He`s on television. He`s starring in a television program. This is providing jobs to young Italian-Americans.

VELEZ-MITCHELL: Here`s my big issue. And I`m Puerto Rican and Irish.

STASI: if you ever got away with asking for a casting call of only African-Americans so they could e as racist as possible.

(CROSSTALK)

VELEZ-MITCHELL: But wait a second. Hold on. Linda, you`re raising my issue. Because my big issue tonight is Jersey Shore doubly bigoted?

Let`s take a quick look at this clip from MTV.

(BEGIN VIDEO CLIP FROM "JERSEY SHORE," COURTESY MTV)

UNIDENTIFIED MALE: The tannest, hottest, craziest Guidos. They keep their hair high. It takes me 25 minutes to do my hair. I started a pretty much, I`m ripped like Rambo.

UNIDENTIFIED FEMALE: I`m hot.

UNIDENTIFIDE MALE: And their fist-pumping all summer long.

Fist pumping like Jess.

UNIDENTIFIED MALE: So don`t be a hater.

If hating is your occupation, I probably got a full-time.

UNIDENTIFIED MALE: You have to work.

I don`t have to do what I don`t want to do. I`m a bartender. I do, you know, great things.

UNIDENTIFIED MALE: So we now have two girls upstairs and two girls downstairs.

UNIDENTIFIED FEMALE: You know in Jersey, you`re never sure with what`s going to go down?

(END VIDEO CLIP)

VELEZ-MITCHELL: Okay. My question is why is no other ethnic group represented? Does that also portray Italian-Americans as exclusionary and is it unfair? I`ll throw it to Stewart Russell.

STUART BRAZELL, REALITY SHOW CASTING AGENT: This is the thing. This how is really just real world. They put it in Jersey Shore. I`ve cast numerous reality show. The first stop on every reality show casting is the tri-state area. The Italian-Americans, these Guidos, guidettes, they`re huge characters. They`re some of the most memorable characters on reality TV. I don`t think they are being exclusionary. I think this is a show that`s targeted to get an MTV viewer audience that`s fun. I think we just need to look at it as entertainment and settle down a little bit about it.

VELEZ-MITCHELL: Well, well, well. I don`t know. Everybody stay right where you are. I think there`s something to offend everyone here. We`re going to have more of the Jersey Shore and the community`s outrage right after the break. We`ve got some callers lining up so, hang right in there. 1-877-jvm- says. What do you think?

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP FROM "JERSEY SHORE," COURTESY MTV)

UNIDENTIFIED FEMALE: I am like a praying mantis. After I have sex with a guy, I`ll rip his head off.

UNIDENTIFIED MALE: This is the situation right here. (INAUDIBLE) First impression is everything.

UNIDENTIFIED MALE: We have to look fresh.

UNIDENTIFIED FEMALE: I like Italian boys with muscles.

(END VIDEO CLIP)

VELEZ-MITCHELL: That`s Jersey Shore. You`ll hear liberal use of the words like broad, slut, bitch by the men and on the women on the show. So, is MTV`s Jersey Shore also misogynistic?

Watch as Nicole aka Snookie takes a punch to the face in a recent episode. That`s hardcore, people. Did the producers have to leave that in? Check out another clip.

SAMMI "SWEETHEART" GIANCOLA: Angelina needs to back off. He had legs and sexual attention that he need to release. I was like, "You poor thing."

(END VIDEO CLIP)

VELEZ-MITCHELL: Gina of Pennsylvania, your question or thought?

GINA OF PENNSYLVANIA, CALLER: Wow, that`s a shocker right there. That`s a whole another topic. But, I am Italian American. I grew up in New Jersey. And I went to Seaside Heights a lot. Let me tell you something, it`s a program. It`s a program. And it touches -

VELEZ-MITCHELL: Is it an unfair representation? Let me just say this, I`m Puerto Rican and Irish. if you stuck 12 Irishman in a house you would get stereotypes. If you stuck 12 Puerto Ricans in a house you would get stereotypes. Unless of course one of them is Sonia Sotomayor, maybe not but is it.

CALLER: Stereotypes come from ignorance because obviously the people that are condemning this have no knowledge of what Italian-Americans represent.

STASI: I am Italian-American and I`m condemning it. I think it`s horrible.

(CROSSTALK)

I think, it`s part of the subculture.

CALLER: Any culture that is targeted in a derogatory manner, a person of any cultural background particularly, let`s take for example Europeans, who helped build this country and brought culture to this country -

VELEZ-MITCHELL: Everybody has brought culture to this country. I don`t buy that just one segment of the world has brought culture here -

Jane: And before the Europeans came, I have to say, Jane.

Thank you, Brenda. Brenda, weigh in on this. Is this fun or disgusting?

(CROSSTALK)

Stasi: Am I the only one here troubled by the fact that a woman is being punched in the Face?

POLITAN: It`s obvious, it`s obvious. Of course everyone is bothered by that.

BRENDA WADE, CLINICAL PSYCHOLOGIST: I think it`s horrible. I think it was Winston Churchill that said the true sign of any culture`s height is the condition of the women and the idea that this young woman is being punched in the face horrifies me. I think it take us beyond whether it`s a cultural stereotype.

VELEZ-MITCHELL: Yes. It`s so offensive. Let`s talk about "Sopranos Show." I mean when the Sopranos first hit the air on HBO many Italian- Americans say it reinforced this whole Mafia stereotype. Others argued, "Hey, it was art." In fact Joy Behar took up the topic on her show.

(BEGIN VIDEO CLIP FROM THE JOY BEHAR SHOW)

JOY BEHAR, HOST, THE JOY BEHAR SHOW: I`ve been to Florence. I study art. It doesn`t bother me so much. The Sopranos didn`t bother me. That to me was artistic.

It was artistic. It was written by an Italian, it was on level of the Shakespearean.

(END VIDEO CLIP)

VELEZ-MITCHELL: All right. Stuart Brazell, the last word. Ten seconds.

BRAZELL: I think what we have to remember is that this is entertainment.

STASI: No, it`s not.

BRAZELL: These kids are happy with what they see of themselves on the Show. They think they look fantastic. This is a show to be entertained on MTV. This isn`t a representation of Italian-Americans. This is a very specific culture.

POLITAN: Well stated.

VELEZ-MITCHELL: Although, I have to say, it is hurtful. Stereotyping is hurtful. I`ve experienced it myself but I don`t like it. I don`t think anybody should be Subjected to it.

You`re watching Issues on HLN.

END