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Is Missing Woman`s Husband Stonewalling?; College Baseball Star Found Dead

Aired December 15, 2009 - 19:00:00   ET



JANE VELEZ-MITCHELL, HOST (voice-over): Tonight, mind-boggling new developments for a missing mother in Utah. Her husband has stopped talking to police and has hired a hot-shot lawyer. This is the very same guy who says he took his two young sons on a late-night camping trip in sub- freezing weather the very night his wife vanished. So why are cops now saying he`s hindering the investigation?

Also a college athlete who vanished while walking his golden lab turns up dead. This young man was drafted by a Major League baseball team and was all set to accept a full scholarship. So what happened to James Wernke?

And ESPN star Erin Andrews was face to face with her alleged stalker. The sports reporter heads to court as the man accused of secretly videotaping her naked enters his plea. How much time could this weirdo spend behind bars?

Plus, Casey Anthony`s parents are speaking out. Cindy Anthony sets the record straight, insisting she believes her daughter 100 percent. So why haven`t they visited Casey in jail?

ISSUES starts now.


VELEZ-MITCHELL: Tonight, extremely disturbing new developments in the case of a missing mom in Utah. Is her husband stonewalling police?

The missing woman`s husband, Josh Powell, has now hired a prominent criminal defense attorney. Also, the husband was a no-show for a scheduled police interview, and cops say he is now hindering their investigation.

Susan Powell vanished from her house Sunday, December 6, with her purse, her phone and her keys still inside the home. Her husband claims that very night he decided to take their sons, ages 2 and 4, on a camping trip around midnight. Temperature were below freezing. And Josh said he and his little boys slept in a van.


JOSH POWELL, MISSING WOMAN`S HUSBAND: I just thought I would go camping with my boys. Nothing big. I would just go overnight and do s`mores and stuff like that. So I just went with the boys. Was planning to do some s`mores in the morning. And then when we got home, well, on the way home, I found out that people were worried about us, that we were missing.


VELEZ-MITCHELL: Josh did not show up for work the next day, which was a Monday. He says he simply got his days mixed up.


UNIDENTIFIED MALE: Why didn`t you call in sick?

POWELL: I was somehow thinking that it was Sunday. I didn`t go to church and I -- I just missed a day and thought, we`ll come back Sunday.

UNIDENTIFIED MALE: So you got confused by the -- on what day it was?



VELEZ-MITCHELL: Hmmm. Very interesting. What about that wet spot in the Powells` living room? Police say when they first entered the home, there were two fans blowing air on the wet stain in the carpet, which they are now testing.

So much to talk about with my fantastic expert panel: Don Clark, former FBI special agent in charge; Brenda Wade, clinical psychologist. Thanks for joining us. David Schwartz, criminal defense attorney and former New York prosecutor. And I am very pleased to welcome Kiirsi Hellewell, Susan Powell`s very best friend.

Kiirsi, thank you so much for joining us. I know this has to be very, very difficult. We are talking with you in the hopes that somehow, something we say might trigger some kind of break and solve this terrible, terrible mystery.

My understanding is that you actually talked to Susan, your best friend, the very day she vanished, Sunday, December 6. Tell us what you spoke about and what she was like?

KIIRSI HELLEWELL, SUSAN POWELL`S BEST FRIEND: Well, we had gone to church together. I didn`t see her at church. And I just saw her walking out of the doors, and so we walked homes together as far as my house. And then she just talked about her boys, because she had her little boys with her. She was glad they behaved really well so she was able to enjoy church. And that`s -- that`s basically all we said. I had no idea it was going to be the last time I was going to see her.

VELEZ-MITCHELL: There are some conflicting reports as to what the husband`s explanation is for why she didn`t accompany her on the camping trip. Some say that he said that she wasn`t feeling well. He`s quoted as saying, well, she just wanted to go to sleep.

Did she mention anything about a camping trip to you?

HELLEWELL: Not at all. She didn`t mention anything about that. And I don`t think she knew about it at the time, because they were both scheduled to be at work the next day.

VELEZ-MITCHELL: The missing woman`s husband, Josh, was asked about this camping trip the night Susan disappeared. Listen to what he said.


UNIDENTIFIED MALE: What time did you go camping, would you say?

POWELL: I -- you know, I got out to a pretty late start.

UNIDENTIFIED MALE: Nine-ish? Something like that?

POWELL: No, it was -- it was later.

UNIDENTIFIED MALE: Where do you guys camp?

POWELL: We went down south to the -- to some trails down there.

UNIDENTIFIED MALE: Do you mean the Moab area?

POWELL: No, no. We actually just went down to the Pony Express.

UNIDENTIFIED MALE: Pony Express Trail?


UNIDENTIFIED MALE: Are there campgrounds down there?

POWELL: I guess there was a few. But I guess I better go.


VELEZ-MITCHELL: Pony Express trail, not to be confused with the Appalachian trail.

As Susan`s best friend, you undoubtedly know her husband. What do you make of his story that he went camping around midnight Sunday, taking his 2- and 4-year-old sons with him, even though it was sub-freezing temperatures, it was late at night, even though he was supposed to be at work the next morning, Monday, where he fails to show up and then doesn`t call, saying he`s gotten confused about the days?

HELLEWELL: It`s absolutely unexplainable. I cannot understand it, and I know everybody is having a hard time believing it. I am myself having a hard time believing it, even though I`m Josh`s friend and I want to stand by him.

He has been known to I know go camping. And they always do sleep in their van. I don`t think they have a tent. They have gone camping three or four times this summer, and it has been a spur of the moment thing, but always on a Saturday morning, never at night, and never in the winter. So I cannot understand that.

VELEZ-MITCHELL: Now what about the state of their marriage? Because reports are that even Susan`s father has said that they had marital problems, but they seemed to be working through them. Friends say that they had had problems involving finances, et cetera, and that at one point divorce was an issue that had been discussed, but that they had appeared to be putting all that behind them. What can you tell us about that?

HELLEWELL: They were very happy when they moved here five years ago. They`ve been married about eight years. And probably about two years ago, things started kind of falling apart. And I`m not going to go into detail about why or what or anything. It just was bad enough that she was going to leave. It was about a year and a half ago in the summer.

Then she decided that she would try to work it out. And they had been working on it, and they both said that things were a lot better the last couple of months.

VELEZ-MITCHELL: And we are looking at a candlelight vigil, friends and neighbors and those who care just gathering together in this very cold temperature to just offer their prayers in the hope that we can get Susan back safe and sound.

Here is my big issue. Is Josh Powell hindering the investigation? Police say yes, but they have not named him a suspect. So my question is, why won`t he talk? What is he afraid of?


POWELL: I didn`t do anything. I mean, I -- I don`t know where she`s at. I don`t even know where to start looking.

Basically, I`m just trying to -- trying to figure out what I can do. And both try to find her and try to take care of life in general.


VELEZ-MITCHELL: So David Schwartz, he says he`s trying hard to figure out what he can do. It`s simple. Talk to police.

Now we learn he has hired a high-profile defense attorney, and he failed to show up for a scheduled appointment to talk to police yesterday. What do you make of it?

DAVID SCHWARTZ, CRIMINAL DEFENSE ATTORNEY: Well, from a criminal defense standpoint, Jane, of course -- the bottom line is, if you`re the target of an investigation by the government, it doesn`t matter what type of investigation, it doesn`t matter who it involves, you should hire an attorney. That`s what you should do when you`re the target of an investigation.

And unfortunately, anytime a woman disappears, the husband is the first person that`s looked at. He`s the first target of this investigation. And that`s why you should hire an attorney.

VELEZ-MITCHELL: This is still a missing persons case. We do not know what happened to Susan. But if forensic tests find her DNA in that carpet stain, Don Clark, doesn`t that raise a whole series of questions? I mean, we`re talking about a stain in the carpet with two fans on it when police burst into the home after she, and her husband, for that matter, failed to show up for work on Monday.

Could somebody have -- think about the alternatives. Could somebody have slipped into the home when Josh and the kids were gone, without forced entry, done something untowards to Susan, cleaned up the scene, found the family`s two fans, hooked them on to dry the carpet and then slipped out of the house, taking her or her body without anybody seeing anything? I mean, does that make any sense to you, Don?

DON CLARK, FORMER FBI SPECIAL AGENT IN CHARGE: Well, of course, that kind of thing could happen. But you should the circumstances...

VELEZ-MITCHELL: It could? I don`t think it could.

CLARK: No, no, no, no, no. I`m saying that somebody could say that that kind of thing happened. That`s what I intended to say.

But -- but my point is, Jane, is that there`s a real serious issue that`s going on here already, going on. And if by chance that there happens to be stains in that carpet, I doubt if it`s going to be looking for an outsider unless somebody knows something different.

VELEZ-MITCHELL: How long is it going to take, then, to do the tests to find out if her DNA is on that carpet?

CLARK: I don`t think it will take very long. I think they`re going to want to be very sure. And it will certainly take perhaps no longer than a week for them to go through and do all the tests that they need to be sure that it`s...

VELEZ-MITCHELL: Remember, no matter how much you clean it up, DNA, very hard to eradicate.

CLARK: It will be there. That`s right.

VELEZ-MITCHELL: More on Susan Powell`s suspicious disappearance in just a minute. And we`re taking your calls on this mystery. What`s your theory: 1-877-JVM-SAYS, 1-877-586-7297?

Plus, sports reporter Erin Andrews comes face to face with her stalker in a dramatic courtroom showdown that went down just a few minutes ago. We`re going to bring it to you. What sentence will he get for shooting naked video of her and then trying to sell it?

But first, a missing woman`s husband gives a series of bizarre interviews, so why won`t Josh Powell talk to the cops?


POWELL: We just miss her, and we want her back. And I love her, and my boys love her.

UNIDENTIFIED FEMALE: How are they doing?

POWELL: They`re doing OK.

UNIDENTIFIED FEMALE: Do you have any idea what happened to her?





UNIDENTIFIED MALE: Do you have any idea where she could be?

POWELL: No. She -- I mean, she`ll leave during the day, and -- but she`s never left overnight.

UNIDENTIFIED MALE: Does she have any enemies that you can think of?

POWELL: I don`t -- I can`t think of anyone.


VELEZ-MITCHELL: Very hesitant answers. The husband, Josh Powell doesn`t have many issues about what happened to his wife, Susan. Her father told me here on ISSUES the couple had their problems but were working them out.


CHUCK COX, SUSAN POWELL`S FATHER: They had issues but they had worked through the issue, or were working through the issues. And some of the problems were related to financial situations in their life. But they had both -- Josh had recently gotten steady employment, and -- and basically, it seemed like it was a normal family, actually.


VELEZ-MITCHELL: Phone lines lighting up on this history. Your question or thought, ma`am?

VELEZ-MITCHELL: Yes, Nancy [SIC]. Thank you so much for taking my call.

VELEZ-MITCHELL: It`s Jane, but yes, it`s great to hear from you.

CALLER: I appreciate you so much and all the news people. My question is, has this man taken a lie detector test?

VELEZ-MITCHELL: Excellent question. Emily Morgan, "Deseret Morning News" reporter, what do you know about the investigation and a possible lie detector?

EMILY MORGAN, "DESERET MORNING NEWS": At this point, I don`t believe that Josh Powell has taken a lie detector test. Police haven`t indicated that in any way. And I was thinking they`ll interview him again, but we haven`t heard anything about that at this point.

VELEZ-MITCHELL: Well, he was supposed to be interviewed yesterday. There was a scheduled interview, and the published reports are that he didn`t show up and that police are now saying he`s hindering the investigation. What do you know?

MORGAN: Well, I just know that it`s been really frustrating for police as time goes by and there`s this kind of pressure to come up with some sort of answers. They`re saying that they have very few leads. And as Josh Powell was the last person to see Susan Powell, that`s kind of who they`re relying on in terms of where to go from here. And so...

VELEZ-MITCHELL: What about the snow? What about the snow? I mean, the snow is going to -- we see the video of the snow outside the house, and we can show that again. That, obviously, complicates the search for her. And, God forbid, the search for a body. We don`t want to think in those terms. But obviously, law enforcement has to think in those terms.

And it also compromises the ability to corroborate his statement about going camping. Because, Brenda Wade, the camp site where he said he went is covered with snow. So there`s no way to see if he had prints there or even tire marks.

BRENDA WADE, CLINICAL PSYCHOLOGIST: Right. There`s a lot of about what he`s saying, Jane, that I`m sure is as difficult for you to buy as it is for me. There are a lot of holes in his story.

Now lots couples, especially in this economy, are having economic troubles, but it doesn`t mean a couple is going to fall apart; someone disappears. It just doesn`t make sense.

I`m really sorry, but I think the way that this guy is answering, the way that he is not coming forth with something that actually makes sense to any us who are thinking it through, it really looks very suspicious to me.

SCHWARTZ: You know what? I`m sorry -- I`m sorry, Jane, but guesswork and speculation does not create a criminal case. You`ve got to come up with some hard evidence. You`ve got to come up with some scientific evidence. You can`t create a case based on guesswork. And that, unfortunately, is what`s being done here.

CLARK: Well, they don`t have to deal with a lot of guesswork, quite frankly. Because I`m sure that the police are probably talking to everybody that they could find that knew Susan as well as that knew the husband. And they may start to piece some of these things together.

And you know what else I think I would do if I was part of the police, is perhaps -- since he doesn`t really didn`t know what happened, perhaps I should station a patrol car outside of the house there to try to make sure that that place is secure as best as it possibly can, in case somebody else wants to come in and attack.

VELEZ-MITCHELL: Now, police don`t figure out what happened to Susan, can a criminal investigation even go forward? For example, let`s take the Lisa Stebic case. She vanished from her Plainfield, Illinois, home in April of 2007. Her husband, Craig Stebic, was the last person to see it -- see her. It`s still a very active case. Police say he is the sole person of interest.

Craig Stebic denies any involvement in his wife`s disappearance, and he has never been charged with anything. So my question, David Schwartz, can police make an arrest if they don`t have a victim, if they don`t find a victim?

SCHWARTZ: Oh, yes. You could -- you could actually arrest and convict a criminal defendant when there`s nobody found. Absolutely. It`s been done before. If there`s enough evidence to convict the person of a homicide, of a murder, then absolutely you can do that. But you need evidence. Again, you need evidence. You can`t base...

VELEZ-MITCHELL: Kiirsi Hellewell, I want to give you the last word. You know this man. You`ve seen the videotaped interview. He`s very hesitant. Does he seem like the guy you know or different?

HELLEWELL: Not at all. He`s very -- acting very, very different. He`s normally very loud and talkative, and he`ll talk your ear off for hours. And he`s not acting like himself at all right now.

VELEZ-MITCHELL: All right. Thank you, fantastic panel. Let`s pray we find Susan.

A college athlete with a bright future vanishes while walking his dog. Dramatic and tragic developments late this afternoon. We will bring you the very latest.

Plus, Erin Andrews on the warpath. The ESPN star wants tougher laws for high-tech stalkers. She had a face-off with the man accused of videotaping her, just a couple of minutes ago. We will bring you the very latest.


ERIN ANDREWS, ESPN REPORTER: My name is Erin. My last name is Andrews. I`m all over the news right now.

UNIDENTIFIED FEMALE: I`m not familiar. I don`t follow the news.

ANDREWS: I`m the girl that was videotaped without her knowing, without her clothes on in the hotel.




VELEZ-MITCHELL: A desperate search for a missing college baseball star ends tragically. Twenty-one-year-old James Wernke was taking his girlfriend`s dog out for a walk when he just vanished without a trace. Police searched for four days without a single clue.

Then just a little while ago, a body that police believe is James was found near a flood control basin. There is reportedly no sign of trauma. It was raining when James left the house. Police believe he may have wandered into the creek bed when the current was at full force because of all the rain.

James` family was positive he wouldn`t simply run away. They say this guy had it all. A great looking guy. Recently won a full baseball scholarship to Cal State-Long Beach. He was being scouted by professional baseball teams. He had a girlfriend.

James did have his cell phone with him, but it was either not working or it was turned off. Still no sign of the golden lab that you see right there that James was walking with.

His family says he often went out walking or running with that very dog in that very area.

Back out to Don Clark, former FBI special agent in charge. Don, you`ve heard the breaking news that they have found this body that they believe is this young man. They took four days of searching. What do you make of the discovery near a flood control basin with the golden lab nowhere to be found?

CLARK: That`s -- that`s a little bit unusual here. I won`t say it`s unusual, but -- but I`m really stumbled by the fact that he`s often a location of this nature.

And I`m wondering, Jane -- and I think the autopsy is going to be the key to some of this. If something was going on within his body or his head, or medicine, or whatever the case may have been that caused him to lose his basis, to lose where he didn`t know where he was, where he was going. And something could have reacted. Only the autopsy can tell us that.

But the other thing, too, is that they definitely -- the police have to try to seek out some of his friends and really try to find out exactly was there anything else that they should be looking at?

VELEZ-MITCHELL: Well, let`s look at a time line: 1 o`clock p.m., Pacific Time. James talks to his mom on the phone. One forty-four p.m., he sends his text to his friend. His friend replies. Never hears back from James.

At about 2 p.m., James leaves to walk his girlfriend`s family dog. Then he comes back to the house and leaves again at 2:15. At midnight, his girlfriend`s mom reports him missing. A body discovered at 11:30 a.m. Pacific Time.

Now, here`s what I think. And this occurred to me just a moment ago. Because I was a reporter for many years in California, where there were tragedies involving flood basins, and there was a message. Do not go near these flood basins during the rains, because the current is very, very strong. And there have been numerous cases of people -- kids, usually, fooling around down there and getting swept up into the currents. I think that`s certainly a possibility.

CLARK: Well, yes, Jane. We know that there are a lot of possibilities. And of course, we know that this kid was a very good athlete or whatever. And I don`t know all of the geographic location of where he was running but -- where he was going, but if he`s a runner and an exerciser, it`s not uncommon for runners to go off in the middle of the night or any time of the day to go for a run.

VELEZ-MITCHELL: Yes, but here`s the thing.

CLARK: He could have just slipped somewhere.

VELEZ-MITCHELL: He was -- he was wearing flip flop, reportedly. So you don`t run in flip flops. And if it`s raining, he could have slipped with the flip flops, which could be slippery.

Thank you, Don Clark. We`re going to stay on top of that tragedy.


ANDREWS: I kept screaming, "I`m done. My career is over. I`m done." And I -- "Get it off, get it off the Internet. Get it off."


VELEZ-MITCHELL: Erin Andrews on "Oprah." She wants justice, her career derailed by a high-tech stalker. We`re going to cover the case next.


VELEZ-MITCHELL: ESPN star Erin Andrews, face to face with her alleged stalker. The sports reporter heads to court as the man accused of secretly videotaping her naked enters his plea. How much time could this weirdo spend behind bars?

Plus, Casey Anthony`s parents are speaking out. Cindy Anthony sets the record straight insisting she believes her daughter 100 percent. So why haven`t they visited Casey in jail?

The peeping tom who secretly videotaped ESPN anchor Erin Andrews naked has just pleaded guilty. Erin just faced her alleged stalker in an L.A. courtroom a little while ago. She told the judge, "I have nightmares about this sexual predator."

TMZ just caught up with Erin right after she left court a little while ago. Listen


ERIN ANDREWS, ESPN SPORTSCASTER: I lost it for the first couple of minutes. I couldn`t really keep it together. But I wanted to go in right away because I just kind of wanted to get it over with and just see him and just get it over with.

But once I was in there, I finally took a few breaths and got it together. But it was very -- the first couple of minutes were very difficult because it was real to be face to face with him.

I want him to stay in jail as long as possible. He is a threat to women everywhere. He`s done this to other women. And I felt like it was my duty to come here and tell this judge what he has done to me because, you know, I don`t want another family to be ripped apart by this. I don`t want somebody else`s career to be ruined because of this.


VELEZ-MITCHELL: Forty-eight-year-old insurance salesman Michael Barrett allegedly followed Erin across three states. He found out where she was staying then asked the hotels to book him a room right next door to the ESPN star.

He`s accused of videotaping Erin through a peephole and then posting those videos on the Internet. FBI records show one was titled "Hot Blond Out of a Shower". What a violation. TMZ claims this creep even tried to sell those naked videos to them.

Erin was convinced this would ruin her career. Listen to her on Oprah.


ANDREWS: I kept screaming, "I`m done. My career is over. I`m done. Get it off. Get it off the Internet. Get it off."


VELEZ-MITCHELL: But Erin`s career still on track. Now she`s on a crusade to make hotels safer for women. Go Erin.

Her stalker faces up to five years in a federal prison. He`s going to be sentenced in February.

Straight out to my fantastic expert panel; and also joining me, Lisa Guerrero, special correspondent for "Inside Edition."

Lisa, you have been following this case. Give us an analysis of what went on today. What is the very latest?

LISA GUERRERO, SPECIAL CORRESPONDENT, "INSIDE EDITION": Well, Erin came face to face with Michael David Barrett. And it was a very dramatic day in court for her. She was determined, but she was emotional as she said to the judge, "you know, I have been devastated. I have been humiliated. I have been embarrassed by this person." And she`s asking the judge to give him the maximum allowable sentence which is five years in prison.

She says she doesn`t want him to see the light of day again. She considers herself a victim of a sexual predator.

She was very brave. She looked very conservative in court. She had her hair pulled back. She had the support of her father next to her. She`s not doing just a service for herself, by the way, there are up to a dozen other victims of this creep on his computer. So he stalked not just Erin Andrews, a famous television personality, he`s also been stalking women who travel for their business and who he has apparently been videotaping alone and naked in their hotel rooms.

VELEZ-MITCHELL: Now, Lisa, you have been a sideline reporter and I know you`ve had frightening experiences with stalkers. You recently did a very troubling expose on "Inside Edition". Your colleague Jim Moret, a good friend of the show, posed as a stranger and asked the hotel to book him a room right next door to yours and guess what, they gave him one just a few doors down, no questions asked.

Let`s take a look at your investigation.


JIM MORET, CHIEF CORRESPONDENT, "INSIDE EDITION": This is my room? So where is it? It`s just a few feet down the hall from Lisa Guerrero`s room and they never even called her to let her know someone wanted to be near her.

Were you surprised when I knocked on your door and learning how close they put me?

GUERRERO: Jim, it was surprising. But it was also disturbing to think that somebody can walk into a hotel, get a key, not only on my floor but virtually 20 feet away from my front door.


VELEZ-MITCHELL: Lisa, what`s so astounding to me is that you did this report after this whole Erin Andrews stalker scandal and you found the exact same security lapses still occurring despite all the publicity.

GUERRERO: In the same hotel that this happened to her, the Marriott in Nashville two weeks after they arrested this creep.

One of the things that Erin Andrews wants to accomplish is she wants hotel across the country and internationally to establish stronger security policies. She wants folks to be putting in those security cameras on every single level of every hotel hallway. She wants better peepholes.

VELEZ-MITCHELL: In fact, we have -- Lisa we have a whole list of things she wants and I`ll read them to you. Erin Andrews plans to use this experience to fight the war on women. And she`s reportedly campaigning to make hotels safer, as you just heard. She`s going to fight for hallway cameras on every single floor, improved employee training. She wants hotels to always seek a guest consent before signing anyone to an adjacent room.

She wants hotel employees to look out for red flags like very suspicious behavior, like some creep calling up and saying, "I want to be next to Erin Andrews." She wants more expensive peepholes that you can not alter to spy on people. And she`s also pushing for more jail time for hotel stalking and filming.

And you know David Schwartz she makes a fantastic point that many of these stalking laws are totally antiquated people laws that were written like 100 years ago before there were video cameras and cell phones. And we`ve got to update these laws and treat stalking against women as a serious problem, not the trifling misdemeanor it is in some states.

DAVID SCHWARTZ, DEFENSE ATTORNEY: Well, it certainly is a serious problem and it`s becoming more and more serious like cyber-bullying because now that you have this Internet and you have Facebook, you can take the video and show it to millions of people all across the world. So it has become a much more serious problem.

But I do think -- you know, I think you have enough laws on the book to regulate this type of behavior. There are certainly enough laws. You just need people working for these hotels that will see the red flags.

VELEZ-MITCHELL: You know what the irony is, to save a couple of bucks, they really put themselves -- and I`m talking about hotels in general where a situation like this could happen -- the expensive peepholes are not that much more expensive.

Here`s my big issue. Are hotels cruising grounds for criminals? Let`s recap and review, people. The alleged Craigslist killer, Phillips Markoff, accused of robbing a woman at gun point in an upscale hotel room, then murdering allegedly another woman in a different hotel.

And then remember this horrific recent story. Hotel surveillance cameras captured little Shania Davis being carried into a hotel room. Police believe the man caught on camera holding Shania brutally raped and killed her.

So my question Brenda Wade, why don`t the hotel people ask more questions? They need to revamp their way of doing things.


BRENDA WADE, CLINICAL PSYCHOLOGIST: It`s important to ask questions. Jane, no doubt hotels need to change, but I want to introduce another issue here, which is that when we know someone has a pattern of stalking. Stalking is a sexual crime.

We are talking about a sexual predator who has compulsive behavior. The person needs to be tracked like any other sexual predator. They need treatment and anyone who`s around that person needs to be aware, we`re dealing with a sexual criminal. That`s the other side of this.

VELEZ-MITCHELL: Yes, and let`s not minimize this, because it`s just a stalker as opposed to somebody who physically violated. It is a violation.

WADE: This is a form of sexual violence, there`s no question.

VELEZ-MITCHELL: Anybody who has been stalked knows that this is a terrifying experience, because you have know idea what this person plans to do next and you become paranoid and fearful.

WADE: Exactly.

VELEZ-MITCHELL: And you`re afraid to go anywhere. Look at this guy.

WADE: It`s very traumatizing. It is very traumatizing.

VELEZ-MITCHELL: Yes, it`s horrible and troubling.

Erin Andrews wants to use this experience. And she says it`s affected her life totally. And this is really part of the war on women. Let`s listen to more of Erin.

WADE: Yes, it is.


ANDREWS: My name is Erin. My last name is Andrews. I`m all over the news right now.

911 OPERATOR: I`m not familiar. I don`t follow the news.

ANDREWS: I`m the girl that was videotaped without her knowing without her clothes on in the hotel.

911 OPERATOR: Really?

ANDREWS: And I got two (EXPLETIVE DELETED) sitting outside any house. I cannot believe these jerks are knocking on my door.


VELEZ-MITCHELL: Lisa Guerrero, I`ll give you the closing word on this one.

GUERRERO: I`m going to say good for Erin, good for her attorney. I hope that they put this guy away for as long as they possibly can. And let this be a lesson out there for women trying to take advantage of women. Women are not going to be your victims...


VELEZ-MITCHELL: Right on. Fantastic and thank you so much.

Could there be new trouble for Tiger Woods? And this time we`re not talking about women. His doctor was allegedly busted for supplying athletes with steroids. Will Tiger`s name be linked to yet another scandal?

George and Cindy Anthony defend their daughter claiming they believe Casey`s story 100 percent. Well, who do you believe? We`re taking your calls on the Casey Anthony case; 1-877-JVM-SAYS, 1-877-586-7297.

And remember, just a few days ago George and Cindy`s own attorney said the couple was unsure of what happened.


UNIDENTIFIED MALE: The questions that they`ve wanted answers to for the longest time and they don`t know what happened. They simply don`t know.



VELEZ-MITCHELL: I think that`s a really great idea.

Hey, we`re here at my office having a show meeting. You could see that I have a peace sign. If you want peace for the planet, please stop using these. They are filling up our landfills. Very few percentage wise are recycled. And there are wonderful alternatives.

Take a look at this water bottle. It`s snazzy, it`s cool or you could go for some color and really go green. Whatever alternative you like but just please, find an alternative to this. I`m Jane Velez-Mitchell and that`s your "Green Alert."



VELEZ-MITCHELL: Casey Anthony`s mom says she believes her daughter is 100 percent innocent. So what does she think of the mounting evidence against Casey, that`s next, but first "Top of the Block" tonight.

Yikes, when it rain, it pours. Just ask Tiger Woods. As if things couldn`t get any worse for the billion dollar golfer, well, guess what? They just did. A doctor who treated Tiger after his knee surgery has now allegedly been busted with human growth hormone. He`s also suspected of supplying athletes with performance-enhancing drugs.

Dr. Tony Golia (ph) claims to use innovative treatment including blood spinning, a technique that some say helps athletes rapidly recover after surgery.

Now, just to be clear, Tiger has not been linked to any illegal drugs. We want to stress that. But could this be another black eye for the once Golden Boy golfer?

That is tonight`s "Top of the Block."

Casey Anthony`s mother and father, taking to the airwaves again to defend their daughter Casey who, of course, is awaiting trial in the murder of her little daughter Caylee.

In the wake of Friday`s dramatic court hearing where Casey broke down sobbing convulsively. Cindy and George explained this morning on the "Today Show" why they got up and stormed out of that courtroom.


CINDY ANTHONY, CASEY ANTHONY`S MOTHER: It was too difficult that`s why I had to get up and leave. I just couldn`t bear to listen to it anymore and I couldn`t bear to watch it anymore.

GEORGE ANTHONY, CASEY ANTHONY`S FATHER: And I don`t it`s ever going to be easy for us. And like Cindy said it was very hard for us to sit there and how the prosecutor action was just so descriptive of everything.


VELEZ-MITCHELL: The gruesome description their referring to is the prosecution`s dramatically laying out their theory of how little Caylee was murdered allegedly by Casey, all for the purposes of trying to ensure that this is a death penalty case. Listen.


UNIDENTIFIED MALE: If she was physically restrained, her killer would have to restrain her arms by some means. Applying tape while she was conscious, as the killer look into her face maybe she even -- maybe her killer even saw her eyes as the tape was applied. First one piece then two then three.


VELEZ-MITCHELL: As of tonight, still no ruling on the defense request to throw out the death penalty.

Why is the Anthony family talking to the media again? That`s one of our big questions tonight.

Back to my fabulous panel and we welcome Rozzie Franco, reporter for WFLA 540 AM. Rozzie, what is the very latest?

ROZZIE FRANCO, REPORTER, WFLA: Jane, the Orlando Judge Stan Strickland (ph) heard four motions on Friday and one of those, he could rule on as early as this week which is whether or not the state is seeking the death penalty in this case in good faith.

Now moving on the motion to dismiss 12 of 13 counts in the check fraud case, they`re arguing in this case that --double jeopardy, which basically means they`re charging her the same -- the same crime 13 different ways.

Also a motion to keep the jail visits between her and her attorney from being taped.

And in the final motion, the defense wants to keep private investigator Dominic Casey, who worked with the defense for a short time, they want to keep him from being deposed.


FRANCO: They say he could possibly have information.

VELEZ-MITCHELL: So you`re saying we could be getting decisions on some of these defense motions soon?


VELEZ-MITCHELL: Let`s hope, ok. And by the way, you made a reference to a fraud case. I believe that fraud trial which they would love to -- the defense certainly would love to get rid of, is coming up in January. So that is looming on the horizon big time. And they`ve got to get past that fraud case and then get to the murder case, which is probably going to happen sometime in late summer if we`re lucky.

There has been speculation on exactly how much Cindy and George believe their daughter`s story. On Friday, on "In Session" their attorney Brad Conway explained why there could be some doubt.


BRAD CONWAY, DEFENSE ATTORNEY: Honestly, they don`t know, there are so many questions that they`ve wanted answers to for the longest time and they don`t know what happened. They simply don`t know.


VELEZ-MITCHELL: But then this morning on the "Today Show" the Anthonys came back swinging and saying their daughter is 100 percent innocent and they stand by her. Listen.


G. ANTHONY: I`ve said many times I don`t believe my daughter could hurt anyone. I really don`t believe that. I don`t believe Cindy and I could bring someone into this world who would hurt someone especially their daughter.

C. ANTHONY: I believe in Casey 100 percent. I know that she loved Caylee more than anything.


VELEZ-MITCHELL: So David Schwartz, which is it? They believe her, they don`t? Obviously they want to believe her but why is it that they keep talking to the media? Is it helping their daughter`s case or hurting it?

DAVID SCHWARTZ, FORMER PROSECUTOR: No, I think it`s hurting their daughter`s case. I don`t see why they should talk to the media. I don`t think it`s helping their daughter.

Certainly there are a lot of big legal issues in this case that need to be decided. Number one, this check fraud case is a complete joke. It should not be tried before a death penalty case. That is absolutely absurd and ridiculous.

And number two, of course, the conversations between an attorney and a client should not be taped. The attorney-client privilege in this country is a sacred privilege and it needs to be respected in this case.


And again, we`re just going to play some clips from the parents talking this morning on the "Today Show" and get reaction. George and Cindy once again saying there is no way their daughter killed her own little child.


C. ANTHONY: There`s a lot of evidence out there that has not been looked into. I mean, nothing ties Casey to this, there`s no motive. There`s, you know there`s no evidence linking Casey to Caylee except for the fact that she didn`t report her missing.


VELEZ-MITCHELL: How can they really say that? Let`s break down some of the inconsistencies so far. There was a search on the Anthony family computer on how to make chloroform; high levels of chloroform were found in Casey` car. Also found in the car, evidence of a decomposing body car. And the list goes on past that.

Rozzie Franco, how do the Casey Anthony -- or the Anthony family, I should say -- say what they say.

FRANCO: You know, it`s really interesting, Jane. From the time I started covering this case, they`ve just come full circle. I mean, Cindy, she just likes the attention in the media from what I gather. It`s probably in their...

VELEZ-MITCHELL: All right. Hang on; everybody stay right there. We`re going to have more on the Casey Anthony case and take your calls right after the break. Call me.



ANDREA LYON, CASEY ANTHONY`S DEFENSE ATTORNEY: the state of Florida seeks to kill my client and she needs some support here. And because of the fact that nothing that happens in any of these visits is private, her family, her parents who are sitting here haven`t had the opportunity to even speak to their daughter in over a year because it`s too dangerous to her case and to her life.

The level of pressure that is on a capitally charge defendant. And the need that she may have to just have someone come and say, "Honey, I love you."


VELEZ-MITCHELL: George and Cindy Anthony say they support their daughter, but have been told not visit her in jail so they haven`t for 14 long months. They told "The Today Show" this morning that really upsets them.


C. ANTHONY: We`ve been advised not to. I mean, it breaks my heart every day. I would love to go see her.

Everything we do or say or anything Casey does, any look that she gives or doesn`t give, she`s so picked apart. I mean, even her tears on Friday. I mean, people were just picking her apart.


VELEZ-MITCHELL: You got to feel for the Anthony family. Not to be able to see their own daughter for 14 long months, at least they feel they can`t see their daughter because everything that happens in that jail ends up being videotaped and then it ends up being broadcast and then we end up analyzing it and they don`t want that to happen.

All right, Phyllis, Florida, your question or thought, ma`am?

PHYLLIS, FLORIDA (via telephone): My opinion is I just feel she did kill that baby. I`ve been watching this from day one and it just -- half the things this woman -- she doesn`t make sense, half the things she`s done.

Her mother and father are just standing by her because she`s the last one there, you know? Because the baby is gone and now she`s there and they want to, you know, keep her. Mostly because they want to cover her up, you know, for the crime.

VELEZ-MITCHELL: Phyllis, I think you raise a very good point. The Anthony`s love to talk but the only questions they want to discuss are the questions that they pick. There are plenty of questions that they and Casey refuse to answer. Some are pretty obvious.

Why did it take Casey a month to report her daughter missing? Why Casey she out partying at bars and getting tattoos in the month after her daughter went missing. And perhaps the biggest mystery; where is all the money coming from? Casey has a dream team defense and her parents are not wealthy certainly. Where`s the money trail?

All of these questions Casey, Cindy and George refuse to answer.

So David Schwartz, when they appear, I think they remind us of all of our unanswered questions.

SCHWARTZ: Well, I just -- again, it seems like they like the spotlight sometimes and I don`t think they`re doing their daughter a service here. I think Phyllis brought up another interesting point as to whether or not Casey Anthony can get a fair trial. Has -- everybody -- has the potential jury pool already concluded that she`s guilty. If they`ve already concluded that she`s guilty, then that`s a disservice to the process, to the fair process and Casey getting a fair trial.

VELEZ-MITCHELL: know that the defense undoubtedly would like a change of venue and that`s not going to be decided for quite some time. But when you have this kind of global coverage, what difference does a change of venue make. We`re all watching it.

I`m not in Orlando. You`re not in Orlando.

SCHWARTZ: Well, a change of venue is very effective because obviously the local coverage is even more than the national coverage.

VELEZ-MITCHELL: Got to leave it right there. You are watching issues on HLN.