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ISSUES WITH JANE VELEZ-MITCHELL

Jesse James Checks into Rehab

Aired March 31, 2010 - 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, astonishing new reports that Jesse James has checked himself into an Arizona rehab. This after a slew of women have come forward claiming to have had affairs with Sandra Bullock`s husband. Now a revolting new Hitleresque photo has emerged. Sex rehab, Nazi photos, what the heck is next?

Plus, Ron and Misty had a date today. Unfortunately for them, it was in court, where they`re both facing serious drug-trafficking charges that could land them in jail for 25 years. Meanwhile, Ron`s cousin cops a plea in the drug case. Could she give information about Haleigh in exchange for a break in her sentence?

Then, stunning new developments in the disappearance of the McStay family. Cops now say there`s new evidence this family of four may have been planning to vanish to Mexico. You will not believe what they found on their computer.

ISSUES starts now.

(END VIDEOTAPE)

VELEZ-MITCHELL: Tonight, a dramatic development in the Jesse James sex-scandal saga. Say that three times. The bad-boy biker husband of squeaky-clean actress Sandra Bullock has now checked himself into a rehab, and his rep confirms it.

TMZ reports Jesse is in Arizona at a facility that specializes in drug, alcohol and, of course, sex addiction. TMZ says Jesse actually drove himself there on Friday. The source for that? A cop who pulled him over on the freeway and got Jesse`s sob story.

Jesse`s accused of having a slew of extra-marital affairs and has vaguely apologized for the, quote, "whole situation." But will any amount of mea culpa or rehab erase images of alleged mistress No. 1, Michelle "Bombshell" McGee, the stripper who seems to enjoy wearing Nazi regalia, or the image of alleged mistress No. 2, also a stripper, seen here in "Star" magazine? Melissa Smith says she and Jesse had sex in his office at West Coast Choppers.

And then there`s this truly vile picture of Jesse himself from 2004. "Us Weekly" reports it was taken while he was dating Sandra Bullock. The disturbing photo shows Jesse unmistakably posing as Adolf Hitler, making a Nazi salute. How much more offensive can this guy get?

I know you at home have a lot to say on this. Call me, call me, call me: 1-877-JVM-SAYS. That`s 1-877-586-7297.

Straight out to my fantastic panel: Mary Jo Buttafuoco. No one has had more firsthand experience with a cheating husband. Mary Jo, you`ll all remember, was shot in the head by her husband`s mistress, Amy Fisher, who went to Mary Jo`s home to confront her. Mary Jo has lived to tell the tale and wrote about it in her fabulous book, "Getting it Through my Thick Skull."

Also, Kendra Rossi, a former adult film star, music manager and featured patient on VH-1`s "Sex Rehab with Dr. Drew." Great to have you tonight, Kendra.

KENDRA ROSSI, FORMER ADULT FILM STAR: Thanks for having me.

VELEZ-MITCHELL: Yes. And my dear friend, Judy Kuriansky, noted clinical psychologist. But we begin with Mike Walters, assignment manager for TMZ.

Mike, I am trembling. I`m afraid to ask what is the very latest?

MIKE WALTERS, ASSIGNMENT MANAGER, TMZ: Well, Jane, obviously, like you said, Jesse James is in an Arizona rehab. It`s called Sierra Tucson. It`s very high-end. Michael Douglas, you know, a lot of celebrities, Ringo Starr, have gone to this facility.

The interesting part is, I know everyone is going to think this, and I did too. Is this the whole Tiger-esque thing is that, for the public, for Sandra, because he`s a celebrity? I will tell you, one of the reasons, like you said, this came out was because of the CHP who pulled him over on the 10 Freeway heading towards Arizona. He had a 15-minute, very heartfelt conversation with this officer, who he basically said, "Look, don`t bust me. I`m on my way to rehab. I really want to save my marriage. Please give me a break on this one."

And I am told he was so heartfelt, almost to tears, very emotional. That`s how this got out there. I think on this hand, and I know Tiger is like, ah. This one, I think, is serious. I think Jesse really, really wants to stay with Sandra Bullock.

VELEZ-MITCHELL: Well, I`ve also cried to get out of a ticket, successfully, but that didn`t mean it was going to save a relationship I was in. Very quickly, Mike, she`s done, right?

WALTERS: Is she what? She`s done.

VELEZ-MITCHELL: Sandra.

WALTERS: Yes. You know, look, she has moved out of the family home in Orange County. We hear she`s here in Hollywood Hills. She has not come out of the house at all. She doesn`t want to face the press. I don`t see -- and it`s the same with Elin Woods. I do not see how someone comes back from multiple extramarital affairs.

And look, when you go and check yourself in a rehab facility for sex or anything else, it`s an admission without admitting it. So I think Jesse has admitted it. I don`t see Sandra Bullock getting back together with him at all. Ever.

VELEZ-MITCHELL: Yes, and he says he didn`t go to rehab at her request. So that`s a hint there.

Now, OK, we`ve established Jesse is in rehab. Isn`t that special? Well, here`s my big issue. If this is nothing more than a strategic move taken from the Tiger Woods playbook, is Jesse ruining the whole concept of rehab?

TMZ, you just heard it, reports the facility where he checked himself in is Sierra Tucson in Arizona. They specialize in drug, alcohol and sex addiction. Jesse`s rep confirms he`s in rehab, quote, "to deal with personal issues to help himself, to help his family and to help save his marriage." Huh.

As we heard, other published reports say Sandra has decided to divorce and move on, and no amount of rehab is going to save Jesse`s marriage.

Kendra Rossi, you did "Sex Rehab with Dr. Drew."

ROSSI: Yes. I did.

VELEZ-MITCHELL: Are celebs like Jesse James turning rehab into a joke? A place you go to stifle criticism? Or is he, in your opinion, do you think he could really be a sex addict?

ROSSI: I think it`s a combination of both. I think in some cases, you do, but you go quietly. For me, I went on television, too. So I get it. But I think that, in any situation where you`re married and you`re having all these extramarital affairs, there`s something going on, obviously. You know?

VELEZ-MITCHELL: Let me ask you, you`re a recovering sex addict.

ROSSI: Right.

VELEZ-MITCHELL: There`s a lot of people who don`t buy the whole notion. I`m a recovering alcoholic. They buy that. But they don`t buy the notion of sex addiction. How would you define your sex addiction? I mean, was it about numbers? Was it about how many partners? What was it?

ROSSI: No. It`s about the lack -- the incapability of being truly intimate with somebody. As soon as you get that intimacy you run from it, and you do everything you can to destroy it.

VELEZ-MITCHELL: Oh, OK. That`s fascinating. Well, maybe Sandra was giving him a lot of intimacy, and he couldn`t handle it.

ROSSI: That`s very possible.

VELEZ-MITCHELL: A disturbing photo of Jesse James wearing a German soldier`s cap and making a Nazi salute has surfaced. "Us Weekly" reports it was taken in 2004 while he was dating Sandra before they married. A source told "Us Weekly" he did it for shock value. Well, guess what? It worked, dude.

This dovetails with alleged mistress numero uno, stripper Michelle "Bombshell" McGee, who also has posed in Nazi regalia. And Michelle told "InTouch Weekly" that Jesse showed her a Hitler surfboard she claims that he keeps at his office at West Coast Choppers.

Now get this: the "New York Post" is claiming that Sandra`s deceased mom was an opera singer from Nuremberg, Germany, and that Sandra spent much of her childhood there. Judy, I`ve got to ask you, what the heck is up with this Nazi thing?

JUDY KURIANSKY, CLINICAL PSYCHOLOGIST: The Nazi theme, Jane, is about sadomasochism. It`s about dominance and submission because, after all, isn`t that what the Nazis did, dominated? And it`s also about control.

So I have to say, besides the definition we just heard before from one of Drew`s patients, said it was about the lack of intimacy is the sign of an addiction. It`s also the inability to control your behavior.

And Jesse is going to have a really big problem, because you know, Jane, as a recovering alcoholic, that if I want, I want, I have to have it, that`s the title of your book. And on top of that, when you go back to the same place where your addiction behavior began, you`re likely to slip, and sex is very hard to resist because it`s part of life.

So he`s going to go back into that world of bikers, back into the world of sex, and that`s going to be a problem for him.

VELEZ-MITCHELL: Mary Jo Buttafuoco, I know you`re holding it all in. Right on the other side of the break, we`re going to take you and get your take on this wild scandal.

Every five minutes there`s a new development. More Jesse James in rehab in just a moment. And we`re taking your calls: 1-877-JVM-SAYS, 1- 877-586-7297.

Plus, Haleigh Cummings still missing after more than a year. Her dad and former step-mom back in court today on drug charges. Is a plea deal in the works?

Plus, five alleged mistresses and now a new picture of Jesse James dressed up as a Nazi. Can rehab convince Sandra Bullock that her husband`s a keeper?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: She told me that she was going out with Jesse James. And I`m like, "Jesse James the cowboy`s been dead for a hundred years."

And she said, "No, Dad. This James` a motorcycle guy."

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

PAT LALAMA, ENTERTAINMENT REPORTER: The guy who would risk venereal disease, impregnating another woman, humiliating his wife, causing emotional distress to his children must have a screw loose.

(END VIDEO CLIP)

VELEZ-MITCHELL: Well said, Pat Lalama. The scandal has everybody wondering what on earth attracted Sandra Bullock to Jesse in the first place? Was it a case of opposites attracting? Sandra, America`s sweetheart, magnetically drawn to edgy, bad-boy biker Jesse James? Do good girls have an innate desire to explore their dark side?

Mary Jo Buttafuoco, your cheating husband had a mistress who shot you in the head. What is your take on this escalating scandal?

MARY JO BUTTAFUOCO, AUTHOR, "GETTING IT THROUGH MY THICK SKULL": Yes, it is really sad. Everybody`s talking about Jesse and all this stuff. I just feel so bad for Sandra, because I know how she feels. I know how devastated.

VELEZ-MITCHELL: How does she feel?

BUTTAFUOCO: She`s devastated. She`s absolutely devastated. This is a time of her life where she should be out celebrating the fact that she just won the highest achievement in her field that anybody can achieve. And now she`s hiding; she`s, you know, under cover. She`s canceling TV appearances. She`s humiliated, and she`s devastated. And it`s rough. I`ve been there, and I feel very sorry for her.

VELEZ-MITCHELL: Well, I don`t think she should hide. I think she should come out and tell the whole world, "Hey, you know, I married a jerk. Who knew? And I`m moving on..."

BUTTAFUOCO: But Jane...

VELEZ-MITCHELL: "... and I`m not going to take any questions on it, but I`m moving on."

BUTTAFUOCO: Yes.

VELEZ-MITCHELL: And I think she should just live her life. I don`t think she should hide.

BUTTAFUOCO: You`re right. But the timing is everything. And two weeks ago she stood on national television and gave him all the credit for her success. And now, three, four days later, it`s all under the table. Now she`s finding out it was all a lie. That`s, I think, why we`re so into this right now, because of the timing.

This wasn`t a big deal. We didn`t care that Jesse James and Sandra Bullock were together all these years. We thought it`s an odd couple, but nobody made a fuss like they`re making now. It`s because she gave him all the credit for her success.

VELEZ-MITCHELL: Well, that`s ridiculous. He`s not acting. She`s the one who`s acting. He`s the bad actor.

Sunny in Hawaii, your question or thought?

CALLER: Hi, Jane. I was married to a cheating sex addict for 14 years. And I`ll tell you, rehab wouldn`t work. What they really need to do is those guys need to go see a proctologist, because you know what they deal with. And where`s Lorena Bobbitt when we need her?

VELEZ-MITCHELL: I agree. OK, yes. Kendra Rossi, OK...

ROSSI: Yes.

VELEZ-MITCHELL: ... you`re a former adult film star. And you did VH- 1`s "Sex Rehab with Dr. Drew." You just heard this lady say, "My husband was a sex addict, and it didn`t work. He went to rehab. It doesn`t" -- we know there`s no cure for addiction, but does it stop you from having meaningless sex with people because you`re an addict?

ROSSI: The most important thing for me that I found that worked was really participating in a really good 12-step program and wanting to change. I mean, you have to be willing to change. That`s it. And you have to want to. And you can`t do it for your husband or for your wife or -- you know, you have to do it for you. And for me, personally, I got to that point. It doesn`t look like he`s at that point, you know?

VELEZ-MITCHELL: Can I ask you this question? I mean, how do -- like, with some things like alcohol, you don`t do them ever again. OK? Never touch it. But with other things like sex, that`s a normal part of the human experience. How do you go back into having sex after you get out of sex rehab?

ROSSI: Well, usually they make you abstain for a while, you know. And you take a celibacy pact. And you re-explore what healthy sex is and how to develop meaningful relationships with other people.

VELEZ-MITCHELL: But have you been able to resume having, let`s say, healthy sex?

ROSSI: Yes. With my husband, yes.

VELEZ-MITCHELL: OK. So it`s working for you?

ROSSI: It is working for me. But also like I said, I`m really working a very good 12-step program, and I`m really committed to it.

VELEZ-MITCHELL: Do you think your chosen profession as adult film star had something to do with your sex addiction? In other words, was it a manifestation of your sex addiction like an alcoholic sometimes becomes a bartender?

ROSSI: Absolutely. And I think that -- I think that, you know, all of it comes from childhood damage. And I think that, at the end of the day, I let my addiction run every aspect of my life, from right up to my career and, you know, my relationships. Every single aspect of it.

VELEZ-MITCHELL: OK. God, I have so many questions for you. I guess my final question is, did your -- did your significant other realize that you were a sex addict, or were you doing it on the sly the way Jesse was allegedly doing?

ROSSI: I was very up front with my husband when I first met him. Which you know, addiction, normally, you`re just a liar. You`re an addict, you`re a liar. You can`t help it. That`s what you are, and that`s what you become, and that`s how you live and you get very good at it.

But when I met my husband, I was very forthright with him, and we decided to work on it and to make it happen. I think what you`re going to see, though -- sorry to interrupt you.

VELEZ-MITCHELL: No, go ahead. Tell us.

ROSSI: I was going to say I think -- I think what you`re going to see happening is you`re going to start to see a lot of this. Because sex addiction is just now getting attention because of Tiger Woods and now Jesse James. But I mean, it`s really rampant and especially here in Hollywood.

VELEZ-MITCHELL: Yes. Now, a quick recap. We`ve got some breaking news of Jesse`s four alleged mistresses. Well, Radar Online reporting moments ago that a fifth might be waiting in the wings.

Now, numbers one and two seem to have paved the way for more women to come forward with claims. Here is a photo from TMZ of alleged No. 3, Brigitte Daguerre. She`s an L.A. area photographer who says she had an affair with Jesse in 2008 after he hired her for a shoot.

Alleged mistress No. 4, an anonymous woman who hired famed attorney Gloria Allred. Now listen to what Gloria told "E! Online`s" Ken Baker.

(BEGIN VIDEO CLIP)

GLORIA ALLRED, ATTORNEY: I`ll just say she has evidence of the relationship. Strong evidence.

KEN BAKER, E! ONLINE: Wow. We`re talking sexual pictures? I mean, what are we talking about here?

ALLRED: I prefer not to comment further on that. There will be no dispute there was a relationship.

(END VIDEO CLIP)

VELEZ-MITCHELL: Judy Kuriansky, do you think that is the tip of the iceberg? She`s talking about pictures, maybe video.

KURIANSKY: Absolutely. I think so. And it`s going to be very difficult for Jesse James to get over this. He is going to go right smack back into his life as the biker with that world where he`s got those kinds of women exposed to him and him exposed to them all the time. It`s going to take way more than a six-week stint in some sex rehab, no matter how famous they are or how they helped Michael Douglas, in order for him to get over that at all.

VELEZ-MITCHELL: Which gavel? I think this one calls for the big gavel. Somebody sent me a big gavel from the 18th century. Stay right there, fantastic panel.

It has been two months since the McStay family vanished. Now new evidence that could prove the parents went underground on purpose. Amazing stuff.

And more on...

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

SANDRA BULLOCK, ACTRESS: I just became more selective and had -- you know, all I had was work before. That was my family until I had a family. And I realized work became No. 2. By elimination of certain things, my work became better.

(END VIDEO CLIP)

VELEZ-MITCHELL: OK. We just got the breaking news, a statement from Jesse James` attorney, Joe Yanni. And he basically is saying, respect his privacy: "I wish that people would get on with the things contemplated by the drafters of the First Amendment and leave Mr. James alone already."

Regarding the pics of Jess James in the Nazi hat, "The hat was given as a gift. It was a joke. Hat was given by godfather who was Jewish. It doesn`t make him a neo-Nazi. The guy who gave him the hat was a mentor to him. It was given in jest. He did something that was obviously in poor taste. It was unintended for public consumption. Simon Wiesenthal collected memorabilia, as well, but that didn`t make him a neo-Nazi. Jesse is certainly no anti-Semite or neo-Nazi. He spent the better of a month living on a kibbutz in Israel. To portray him as that is ridiculous," end quote.

Jeff, New York, your question or thought?

CALLER: You know, I think that the whole thing is very sad. I mean, obviously Sandra is very close with his child. With regard to the Nazi picture, listen, I`m Jewish. I`m married to a girl from Germany. And it`s obviously meant that he was joking around, tastelessly. But you know, the Nazi insignias and things like that are a big part of the biker subculture that he`s very immersed in. So are the strippers.

I think he`s a jackass for messing around on a girl that loves him, and he`s got a lot of issues that he needs to work out, whether he`s a sex addict or not. But I don`t think this is some sort of bizarre S&M fetish as was implied before.

VELEZ-MITCHELL: All right. Jeff, thank you. You made some really interesting points.

OK, Mary Jo Buttafuoco. Do you buy it? I mean, the attorney, who by the way, has an open invitation to come on this show and tell his side of the story, is basically saying leave -- remember that "leave Britney alone"? This is "leave Jesse alone!"

BUTTAFUOCO: He should have thought of that before he did what he did with all these women. That`s the problem. Now they`re crying, "Leave me alone. You know, I didn`t mean it."

I agree with the caller, though. I think that the pictures were just in poor taste and just done not for the value -- for the shock value. That`s what he is. That`s what this man is and was. I don`t understand why we are so shocked. I think because Sandra fell in love with him. And there`s something about him that must be good and must be nice, but he reverted back to his old ways.

VELEZ-MITCHELL: All right. Yes, Judy Kuriansky, do you think this is just all harmless fun? I mean...

KURIANSKY: No, I don`t. I don`t agree with that caller. I think it fits a picture. It fits a picture put together with the biker culture. It fits the picture -- by the way, an alleged time when he was -- pushed the head down of a woman who was coming to work with him to perform fellatio on him.

VELEZ-MITCHELL: Oh, whoa, whoa, whoa, whoa, whoa. Wait, wait, wait, wait. I got to stop you right there. We have absolutely no independent confirmation of that.

KURIANSKY: Yes, OK. OK. We don`t.

VELEZ-MITCHELL: And we invite the attorney for Jesse James or Jesse James himself, if he`s out of rehab, to come on our show before, after, during. We want to be fair and get both sides of the story. We just read a statement from the attorney.

KURIANSKY: I said it was alleged. And the point is that certain sex acts go along with that particular world. And that`s the point that I`m making.

VELEZ-MITCHELL: Well, I think that, you know, we have to be careful with this, but it`s true. He has apologized for, you know, vague things. It`s -- it`s a sad situation all the way around.

Thank you, fantastic panel.

(COMMERCIAL BREAK)

VELEZ-MITCHELL: Ron and Misty had a date today. Unfortunately for them it was in court where they`re both facing serious drug trafficking charges that could land them in jail for 25 years. Meanwhile, Ron`s cousin cops a plea in the drug case. Could she give information about Haleigh in exchange for a break in her sentence?

Then stunning new developments in the disappearance of the McStay family. Cops now say there`s new evidence this family of four may have been planning to vanish to Mexico. You will not believe what they found on their computer.

Tonight, do prosecutors have Misty Croslin and Ron Cummings right where they want them? The infamous exes had a date today. Unfortunately for them, it was in court. Here they are at today`s hearing for their drug trafficking case. Ron looks like he has put on a little weight. Hmm. Did the judge imply some kind of plea deal could be in the works with one or both of these? Listen.

(BEGIN VIDEO CLIP)

TERRY LARUE, JUDGE, PUTNAM COUNTY CIRCUIT COURT: As I understand it, you need -- the attorneys need and Mr. Cummings needs additional time for something that`s being discussed between the state and the defense.

(END VIDEO CLIP)

VELEZ-MITCHELL: Wow, what does that mean? We`ll analyze it. It`s been more than a year since Ron`s daughter Haleigh vanished from his Florida mobile home. Misty was baby-sitting her that night and police are certain that she`s hiding something. Misty`s story has changed over and over again and she`s failed several polygraph tests, but the 18-year-old claims total ignorance when it comes to little Haleigh`s disappearance.

(BEGIN VIDEO CLIP)

MISTY CROSLIN, RON CUMMINGS EX-WIFE: I will prove to the world that I didn`t have nothing to do with it.

UNIDENTIFIED FEMALE: Exactly.

CROSLIN: Everybody can kiss my [ bleep ] and I`m going to get on TV and tell them all to [ bleep ] off.

(END VIDEO CLIP)

VELEZ-MITCHELL: Ron`s cousin Hope Sykes is also charged in the drug trafficking case. She pleaded no contest today. Will prosecutors make a deal with her? Lessening jail time if she offers any crucial information about Haleigh? Does she even have any information about Haleigh?

Straight out to my fantastic expert panel, criminal defense attorney Mark Eiglarsh and Tim Miller, director of Texas Equusearch who has been involved in the search for Haleigh. But we begin with Jean Casarez, "In Session" correspondent from our sister network truTV. Jean, you`re tracking this case. What is the very latest?

JEAN CASAREZ, IN SESSION: Well we knew that Misty was going to be in court today. But then we saw Ronald Cummings in court and basically, both of these hearings, they were pretrial hearings continued until May and June. But the headline was what you just said. I listened closely at that hearing. And all of a sudden I hear the judge address Ronald Cummings` attorney when he says, we need more time saying, and I understand you`re discussing something with the prosecutor. Well, my gut tells me, Jane, that`s a plea deal. And remember, he is charged with five felony counts, $900,000 is bail. I did not hear that discussion when Misty Croslin went up with her attorney before the judge today.

VELEZ-MITCHELL: So Mark Eiglarsh, if Ron makes a plea deal in the drug case, how does that help find Haleigh?

MARK EIGLARSH, FORMER PROSECUTOR: We don`t know. And first, we have to know whether he knows anything and/or whether she knows anything. I absolutely agree with Jean, when a defense lawyer says we`re talking with the state, it`s usually not to get the videos that they allege that they`re on doing the drug deal. It`s to work out some type of agreement. And that usually means cooperation. Let`s hope he knows something and this will lead to finding the lost child.

VELEZ-MITCHELL: Misty pleaded not guilty to eight counts of drug trafficking. She`s being held on $1.3 million bail. Police say this hidden camera footage you`re about to see shows an undercover officer driving Misty and Ron to a drug deal back in January. Police say they repeatedly sold prescription pain killers to the officer. The deals allegedly involved more than 300 pills of Oxycontin and Hydrocodone.

She could face and Ron could face 25 years in prison if convicted. That means Misty would be at least 43-years-old when she got out. Tim Miller, you have been involved in this case. You actually worked with one of the co-defendants here, Donna Brock, who originally started out as a Texas Equusearch volunteer. And she was, as I understand it, her job was to get close to Misty and get information about Misty about what happened to Haleigh, now Donna has ended up, sort of swept up in this alleged drug ring.

TIM MILLER, DIRECTOR, TEXAS EQUUSEARCH: Well, I think Donna did a good job at what she did, if you want to know the truth. She did, I believe, exactly what needed to happen. We sent Donna a certified letter October 31st and revoked her membership because we got information that she was doing drugs. She actually took drugs to New York on an airplane with Misty. And --

VELEZ-MITCHELL: Alleged, alleged.

MILLER: We have a witness up there that actually seen it. So I`m going to say it was more than alleged. But anyhow, you know, that`s when I washed my hands of Donna. And then we always knew that Donna was going to Virginia, getting prescriptions from a dentist. So I think it all worked out for the best for all of them. It got them off the streets. Hopefully Misty is going to break and talk.

I honestly don`t believe that Ronald knows exactly what happened to Haleigh. He knows that Haleigh`s no longer alive. I think he knows that Misty holds the key. And that`s why he`s holding misty close to him. I have no doubt in my mind after spending 12 days with him and hearing all the inconsistent stories from Misty, that she does hold the key, she does know where that little baby is and that baby is not alive. And I don`t see a plea deal --

VELEZ-MITCHELL: All right. And let me just say this is all speculation as to what`s happened to this child. And as far as Donna, she`s been charged. She`s not been convicted of anything. We would love to hear her or her attorney`s side of the story. Mark, you were saying something.

EIGLARSH: Yes very likely scenario is first Hope Sykes, the cousin of Ron, agrees to a plea deal. She most likely will show up on his witness list. Ron Cummings makes a plea deal. And then Misty sees all these people turning against her. She knows she`s facing up to 25 years. And that`s hopefully when prosecutors will get her at the debriefing table and she`ll open up to what she may know.

VELEZ-MITCHELL: Misty`s case has some intriguing parallels with the Casey Anthony case. It`s pretty astounding. Both young women are sitting in jails proclaiming their innocence when it comes to the fate of two little girls. They each face huge potential sentences. It Misty`s case, 25 years for drug trafficking. Casey of course could get the death penalty. Cops believe both these women are lying. Listen to what Misty said about her meeting with Tim Miller`s group Equusearch.

(BEGIN VIDEO CLIP)

CROSLIN: When I showed up there, they told me I was taking a polygraph. I was like OK.

UNIDENTIFIED FEMALE: Did you at any point say I don`t want to do this?

CROSLIN: No.

UNIDENTIFIED FEMALE: Why?

CROSLIN: Because I thought I was helping. I was trying to do everything I can to find Haleigh.

(END VIDEO CLIP)

VELEZ-MITCHELL: And yet Tim Miller, from what I have read, she failed that test you gave her miserably. Correct me if I`m wrong. Question, do you know where Haleigh is now? Answer no. Result 95 percent deception. Question, do you know what happened to Haleigh? Answer no. Result 99 percent deception. Question, did you intentionally withhold any information regarding Haleigh`s disappearance? Answer no. Result 99 percent deception.

Is that basically correct?

MILLER: That`s 100 percent correct, that`s 100 percent. And you know, Misty took that polygraph, she wanted to be cleared and she took it against her attorney`s advice. I actually talked to her attorney before she did the voice analysis and the hypnosis. And he said he did not want his client doing it. And Misty said, Mr. Miller, please, I want to do this. I want to clear myself. And I let her know you are doing this against your attorney`s advice, Misty.

VELEZ-MITCHELL: Wow. It seems every time Misty is in court she gets a different look. Let`s take a look at her today. She`s looking, I would say -- when I looked at the video, she looked tired and sullen. You have to wonder, Jean Casarez, if her physical appearance -- and there she is. She looks puffy, she looks sullen. They`ve both put on weight. Is this a clue to their emotional state?

CASAREZ: She looks worn out. You`re right. I studied that video too. She`s been in there since the middle of January. And now we are in March. We know for sure she`s going to be in there for three more months because the next pre-trial hearing for her isn`t until June. But she looks far different than the jailhouse tapes we`ve looked at, yes.

VELEZ-MITCHELL: Mark Eiglarsh, why is it that her defense attorneys haven`t tried to suppress the undercover video? It doesn`t seem like they`re doing a whole heck of a lot.

EIGLARSH: Well we don`t know. We don`t know the facts in the case. I don`t just file motions unless there`s a good cause.

CASAREZ: Hey Jane, I know something.

VELEZ-MITCHELL: OK Jean, go ahead.

CASAREZ: I confirmed with the attorney`s office today they have filed no motions. They`ve not filed a bond reduction motion, they haven`t filed anything in regard to the evidence and they don`t foresee that in the very near future. And that was something that I was interested in because at this point with $1.35 million bail, one would think there would be a motion to reduce the bond because in essence, she has no bond.

EIGLARSH: In terms of the motion to suppress, Jane, you don`t just file it because the evidence is damaging. There has to be a legal reason that you`re moving to suppress it. And they might not have one.

CASAREZ: They have all the video. I would think they could find something.

VELEZ-MITCHELL: Thank you, wonderful panel. Got to leave it right there. That 15-year-old girl who was nearly beaten to death at her school bus stop is struggling to survive. An update on Josie Ratley`s horrific injuries next.

And could a computer hold the key to finding the McStay family who vanished two months ago? We are taking your calls, 1-877-JVM-SAYS.

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UNIDENTIFIED MALE: I originally thought that someone was holding them against their will, but there`s been no ransom. And so you know, for him to just up and run and not tell anybody, it would have to be something pretty heavy.

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VELEZ-MITCHELL: Tonight, a dramatic new twist in the disappearance of the McStay family. But first, "Top of the Block." Discouraging news about the recovery of 15-year-old Josie Ratley. She was beaten within an inch of her life while waiting for her school bus in Florida. Doctors had to remove part of Josie`s skull to relieve pressure. Her parents had hoped she`d be out of her drug-induced coma by now. Josie is not breathing on her own, she also has pneumonia. Her family`s lawyer had more bad news today.

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RICK FREEDMAN, RATLEY FAMILY ATTORNEY: By all accounts, the left brain activity is damaged, which means the right side of her body is going to have significant problems. I`m not a doctor, but from what I`m hearing that could include her arm, her leg, her hand and her speech movements.

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VELEZ-MITCHELL: What an atrocity. Cops say a 15-year-old boy attacked Josie over, of all things, a text message. He`s been charged with premeditated attempted murder. A 13-year-old girl has also been charged as an accessory. This is so incredibly sad and senseless. Let`s pray Josie can pull through. Our thoughts are with her. That is tonight`s "Top of the Block."

A head-spinning new twist in the case of the family of four who mysteriously vanished two months ago from their California home. Tonight, did this beautiful family stage their own disappearance? Police say just one week before they went missing, Joseph and Summer McStay sent e-mails asking about entry into Mexico and about passport information for young children.

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LT. DENNIS BRUGOS, SAN DIEGO SHERRIF: They were making inquiries concerning travel in Mexico and passports which would indicate there was at least some type of planning ahead.

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VELEZ-MITCHELL: Eleven days later, the McStays` car turned up abandoned in a mall parking lot just two blocks away from the Mexican border. Police say they believe the McStays are not in danger and left willingly.

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BRUGOS: We felt that, you know, there was a possibility that -- a strong possibility that they left voluntarily and there was no coercion at all.

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VELEZ-MITCHELL: But if this family planned to disappear, why, oh, why, did they leave their two beloved dogs outside with no food or water? Why did they rush out with fresh food rotting on the counter? Or -- this is the most ominous question -- was the whole scene staged?

Straight out to my fantastic expert panel. Former police officer Marc Harrold. Texas Equusearch director Tim Miller, who has been deeply involved in this investigation and Leslie Berestein reporter with the "San Diego Union-Tribune." Lesley, you broke this latest update on "Issues" on Monday night. What is the very latest tonight?

LESLIE BERESTEIN, REPORTER, SAN DIEGO UNION-TRIBUNE: Well, there`s a little bit more going on that we`ll have in the next day or two that I can`t really tell you yet. But indeed, they have made inquiries to a Web site trying to find out about travel to Mexico with children and whether a passport`s required. Of course it is not. A birth certificate is.

The youngest child does have a birth certificate that`s still with his grandmother. Photocopies are OK to get back into the country. And of course, Summer`s passport is expired, but it appears from what the authorities are saying that this is leading them toward Mexico. That`s where the investigation`s going to be focused. And family members are still trying to wrap their head around that.

VELEZ-MITCHELL: What is it that you can`t tell us? Why can`t you tell us? Can you give us a hint? Is it bigger than a breadbox?

BERESTEIN: It`s slightly bigger than a breadbox. But it has to do more with the investigation. Today`s a state holiday. Sheriff`s investigators are kind of taking the day off, so to speak. But we should have a bit more for you in a couple of days.

VELEZ-MITCHELL: I guess what I`m saying is that you do you think police know a whole lot more, Leslie, than they`re saying? That`s a yes or no.

BERESTEIN: They very well may. I`ll tell you, I`d like to know if there`s a destination. You know, family members haven`t been told that they were inquiring as to a specific destination or not. Nobody really has that investigation. The investigation is ongoing. I`d like to know more. Right now I`m trying to learn about how the investigation will be expanding.

VELEZ-MITCHELL: Now more than ever police are convinced they spotted the family of four on border surveillance video. Take a look. You can see two adults and two children holding hands casually walking across the border. Police say multiple family members have confirmed they recognize Summer`s white coat, her boots and the children`s knit caps.

Tim Miller, there`s been no activity on any of their bank accounts. Their cell phones haven`t been used since the night that they initially went missing. They`ve been missing for two months. What is your theory?

MILLER: My theory was when I left there after I met with detectives and Mike McStay, when he was shown the surveillance of them walking across the border, and we know the timeline when the vehicle probably got there compared to the time that it showed them walking across the border. And it was like, you know, we`re not going to Mexico, number one. Especially if they went on their own, we`re certainly not going there. And I feel as though it was just a big waste of time, money and resources.

VELEZ-MITCHELL: What are you saying? Do you believe they went across the border voluntarily as the police now apparently believe?

MILLER: I believe that. Yes, I do. I mean, I was in their house, Jane. When I was in their house, I wondered where are their clothes at? I know this lady has more than two pair of shoes. And the high heeled shoes. And I asked Mike, she certainly is not working in this house doing construction with high heel shoes that have never been worn. Where`s his shoes? There`s not even one pair of his shoes in the house. And it was like there`s a lot of things that are gone. I know that they`re moving. But they still have to wear some clothes. They`re working their yard. They`re working on their house, they`re not wearing those type of clothes. And there was two shirts hanging in the closet of his and there are three coats of hers. And period, the end, that was it. It was just really strange.

VELEZ-MITCHELL: So Marc, why -- if they wanted to go to Mexico, why not tell everyone? Because cops have said there`s no evidence of criminality or financial problems. Why would they feel the need to just drop off the radar screen and flee to Mexico and never use their credit cards and cell phones again?

MARC HARROLD, WWW.MARCHARROLD.COM: Well, you never know what people are thinking. There`s certainly something we don`t know. Maybe the police know it here. As far as the search goes, they probably haven`t broken any laws. And at some point you have to look at the resources and the manpower --

VELEZ-MITCHELL: No, no. I want to know what the theory is. I mean, at this point we`ve got to have a theory. You know, my theory is maybe they went to Mexico thinking they were going to come back that night for a specific reason, a rendezvous or something, and then something might have gone awry on the other side of the border. We`re going to have more in just a moment. Stay right there. We`re just getting started.

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SUSAN BLAKE, JOSEPH MCSTAY`S MOTHER: We need to find them. I worry about those babies. And are they fed? Are they warm? Are they, you know, happy? Are they sad? My nights are hell. You know, you pray, and then you cry yourself to sleep.

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VELEZ-MITCHELL: That was Joseph McStay`s mom. Brand new details tonight. Police say the McStays searched for information about traveling to Mexico and passport rules for kids in the days before they vanished. Did they stage their own disappearance? Dunnie Texas (ph), your question or thought, ma`am.

CALLER: Yes. My question is why did they wait 11 days to call them in missing when they`d seen the house?

VELEZ-MITCHELL: OK. Let`s go over the timeline. Leslie Berestein, they disappeared February 4th, a Thursday, and they called a business associate that night at 8:37 p.m. It was just about an hour after they left their home. The leaving of the home was caught on surveillance video by a neighbor. And they made a call to the business associate of the dad that lasted one minute.

That was the last activity either of the families, two cell phones, had. And four days later their car shows up near the Mexican border at around the same time as the surveillance video of what some believe are them crossing the Mexican border. That`s correct, right?

BERESTEIN: That night, yes.

VELEZ-MITCHELL: Yeah. So what is your theory? Because I just gave a theory. OK? My theory is OK, they get a phone call or they make a phone call to a business associate. Something is said to them that triggers this desire to suddenly go to Mexico. They go to Mexico. They think they`re going to have a rendezvous or some business transaction, they`re going to come right back. But something untoward happens down there. What`s your theory?

BERESTEIN: Well, we all wish we knew, don`t we? You know, I can`t really speculate --

VELEZ-MITCHELL: All right, then I`m going to ask Tim Miller. What is -- not to cut you off, but Tim Miller, theory, a possibility, we`ve got to speculate here.

MILLER: My question going into this was how come Summer had so many different alias names? You know, we hear she had anywhere from four to 11 aliases. And that kind of set up a red flag in the very beginning. But you know what? They were missing. We had to go out there and attempt to do something.

VELEZ-MITCHELL: But why would anybody just disappear off the face of the Earth with their kids? I don`t -- cops have said they`ve never seen anything like this.

MILLER: Well, I don`t know. I mean, again, hopefully they`re safe, hopefully they`ll come back, they`ll make a lot of apologies and we`ll know why. But it doesn`t make any sense. That`s for sure.

VELEZ-MITCHELL: Marc, any theories that you`ve had a couple minutes to think about it?

HARROLD: Well, my guess would be that if they went willingly something happened down there. My guess is they didn`t just go down there willingly with the intention to stay. Don`t know why the car was on this side of the border. I don`t know what their plan was. Something probably went wrong. They went down there in a little bit of a hurry, something went wrong when they were down there --

VELEZ-MITCHELL: What about the possibility that something went wrong in the United States that nobody knows about and they felt the need to disappear because they felt their lives might have been in danger? Again, this is total speculation.

But if you want to go to Mexico, you could drive your car across the border. You don`t have to leave your car on the U.S. side of the border and then walk across the border. You can use your cell phones on the other side of the border. You can use your credit cards. They did none of that. Marc, 10 seconds.

HARROLD: Yeah, they may have wanted somebody on this side of the border to think they had gone down there and they weren`t coming back. I think you`re exactly right. Maybe something that happened here, they were afraid of something, they thought they`d go down there, they didn`t have time to plan and now something`s gone wrong and they can`t come back.

VELEZ-MITCHELL: And we`re out of time. The thing is the cops say there`s no evidence of a problem or criminality. So what is it that they were fleeing? We don`t know.

END