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NANCY GRACE

Malibu Remains Identified as Missing Mitrice Richardson

Aired August 12, 2010 - 20:00:00   ET

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


NANCY GRACE, HOST: Breaking news tonight, live, Malibu. A California beauty queen has dinner at an upscale Malibu restaurant, then disappears. Weeks pass. No sign of 24-year-old Mitrice Richardson. But then multiple sightings place the missing beauty queen in Vegas.

Bombshell tonight. As we go to air, investigators announce skeletal remains of a young female, including a human skull, discovered in a remote Malibu canyon. As we go to air, we confirm, based on dental record match, the human skull discovered at the base of that remote canyon is that of 24- year-old beauty queen Mitrice Richardson.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: ... a missing California woman...

911 OPERATOR: What`s her name?

UNIDENTIFIED FEMALE: Her name is Mitrice Richardson!

UNIDENTIFIED MALE: Her family hasn`t seen or heard from her...

UNIDENTIFIED FEMALE: We want our daughter found.

UNIDENTIFIED FEMALE: ... former beauty pageant contestant...

UNIDENTIFIED MALE: The search for Mitrice Richardson...

UNIDENTIFIED MALE: We have discovered a human skull. We`ve discovered some bones.

UNIDENTIFIED MALE: Life is fragile.

UNIDENTIFIED FEMALE: I`m a little frazzled right now.

UNIDENTIFIED MALE: To my sadness and disappointment, I`m reporting to you...

UNIDENTIFIED FEMALE: I would hate to wake up to a morning report...

UNIDENTIFIED MALE: It is the confirmed remains of Mitrice Richardson.

UNIDENTIFIED FEMALE: ... lost somewhere with her head chopped off.

UNIDENTIFIED FEMALE: Skeletal remains were found in a remote Malibu canyon.

UNIDENTIFIED MALE: There`s no apparent (INAUDIBLE) or clothing (INAUDIBLE)

UNIDENTIFIED MALE: The cause of death is deferred at this time.

UNIDENTIFIED MALE: She was there for a long period of time.

UNIDENTIFIED FEMALE: It`s being released that I`m worried about. It`s crazy out here!

(END VIDEO CLIP)

GRACE: And breaking tonight, "American Idol" superstar in the middle of a legal battle royale, sex tapes, matching tattoos, alleged child neglect, adultery, hateful phone messages and taunts. That`s right, megastar Fantasia goes from rags to riches after America votes her the third season "Idol" and is riding high ever since -- chart-topping albums, number one singles, sold-out concerts, a starring role in a Broadway show, even her own reality show.

But now a wife and mother claims the "American Idol" stole her husband. In a bizarre legal twist, the wife now set to sue the other woman, an "American Idol," for everything Fantasia`s got -- millions! Reports Fantasia reads the explosive court allegations against her and the "American Idol" ODs, is rushed to the hospital, 911, Fantasia ODs. Fantasia leaves the hospital as reports surface she actually ODs after the married boyfriend dumps her when the wife sues the "American Idol."

(BEGIN VIDEO CLIP)

911 OPERATOR: Tell me exactly what happened.

UNIDENTIFIED MALE: An individual took a bottle of aspirin, and she`s slowly losing consciousness.

911 OPERATOR: OK. And are you with the patient now?

UNIDENTIFIED MALE: ... rags to riches story that is Fantasia...

FANTASIA BARRINO, SINGER: (INAUDIBLE) He`s just a friend. I don`t know if his home -- what happened in his home.

UNIDENTIFIED FEMALE: This woman did not hold back. She specifically lists times that she believes her husband was with Fantasia.

UNIDENTIFIED MALE: I`m outside, but somebody else is with her inside.

911 OPERATOR: OK. And is she awake?

UNIDENTIFIED MALE: She`s slowly losing consciousness.

BARRINO: I did meet him in the T-Mobile store.

And I took it and ran with it.

(INAUDIBLE) He`s just a friend.

GRACE: You don`t take a guy on an exotic vacation and hop on a jetski with him if there`s not something more than friendship.

UNIDENTIFIED FEMALE: "American Idol" winner Fantasia is accused of having an affair with a married man and filming a sex tape with him, too.

BARRINO: So much baggage. He`s been not with his wife.

911 OPERATOR: OK. Right now, is she awake?

UNIDENTIFIED MALE: Halfway, yes.

911 OPERATOR: Is she breathing?

UNIDENTIFIED MALE: Yes.

911 OPERATOR: All right. Is she violent?

UNIDENTIFIED MALE: No.

(END VIDEO CLIP)

GRACE: Good evening. I`m Nancy Grace. I want to thank you for being with us. Bombshell tonight. As we go to air, we confirm, based on a dental record match, the human skull discovered at the base of that remote Malibu canyon is that of 24-year-old California beauty queen Mitrice Richardson.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The circumstances of this case are tragic.

UNIDENTIFIED FEMALE: Are you guys going to book her and then release her on her own recognizance?

UNIDENTIFIED MALE: Mitrice Richardson was arrested in Malibu...

UNIDENTIFIED FEMALE: ... because it`s dark, she doesn`t have a car, and I don`t want her wandering out.

UNIDENTIFIED FEMALE: ... former beauty pageant contestant...

UNIDENTIFIED MALE: She was eventually released, and at that point, she disappeared.

UNIDENTIFIED MALE: Clues to where Mitrice may have gone have surfaced.

UNIDENTIFIED MALE: We have bones. Now we know that it`s human because we have a skull.

911 OPERATOR: Where was she arrested at?

UNIDENTIFIED FEMALE: Your facility.

UNIDENTIFIED FEMALE: After an autopsy...

UNIDENTIFIED MALE: We were able to obtain dental records and dental X-rays and was able to positively identify.

UNIDENTIFIED FEMALE: Officials called her mother with the worst.

UNIDENTIFIED MALE: We are confirming the remains are those of Mitrice Richardson.

911 OPERATOR: OK. Do you know if she`s here now or was she released?

UNIDENTIFIED FEMALE: They said she was released.

UNIDENTIFIED FEMALE: She disappeared almost a year ago.

(END VIDEO CLIP)

GRACE: Straight out to our producer, Rupa Mikkilineni. Rupa, I understand there was a match of dental records, not DNA, but dental records matched?

RUPA MIKKILINENI, NANCY GRACE PRODUCER: That`s right, Nancy. A body was found with skull and bones, and the skull was used to identify the body as being 24-year-old Mitrice Richardson. And the identification was done with dental records.

GRACE: To Stephanie Bertholdo, reporter with "The Acorn" newspaper, joining us out of LA. Stephanie, how did they come upon the body or the skeleton?

STEPHANIE BERTHOLDO, "THE ACORN" NEWSPAPER: I believe what happened was that there were park rangers in the area that were checking out an old marijuana grove that had been, you know, taken down, and they came across the bones at that time.

GRACE: Back to Rupa Mikkilineni...

BERTHOLDO: On Monday. On Monday.

GRACE: Wasn`t this about two miles away from where she went missing? I want to go back to that night because that is how you solve a crime. You go back to the beginning and trace it through. That night, the beauty queen was having dinner at an upscale Malibu restaurant. When it got time to pay the $89 bill, she didn`t have a credit card, she didn`t have any cash on her, called the grandmother. The grandmother said she`d pay for it with her credit card but didn`t have a fax to fax the signature. What happened then?

MIKKILINENI: Well, then police were called, and the restaurant did a citizens...

GRACE: Over $89.

MIKKILINENI: Over $89.

GRACE: OK.

MIKKILINENI: The restaurant called, saying that Mitrice was acting strangely, oddly, a little bit crazy, also didn`t pay this bill. Police were called. They went to her car and searched for credit cards or some form of payment. They didn`t find a purse or a wallet in the car. They found her driver`s license. And then they arrested her, Nancy. They towed her car away and took her into custody.

GRACE: Now, they made the arrest on $89? Hold on just a moment. I want to go out to Sheryl McCollum, crime analyst, cold case squad director, Pine Lake PD. Eighty-nine bucks? In a lot of jurisdictions, you get a citation for that. I mean, you...

SHERYL MCCOLLUM, CRIME ANALYST: Right.

GRACE: ... can total somebody`s car and get a citation. Why was it that she was taken into custody over $89? I`m not saying they`re wrong. I`m just asking.

MCCOLLUM: I agree. It may not be that they`re wrong, but part of it could have been her behavior. If you listen to the caller, she says things like, This woman, you know, she`s kind of not acting right, and that sort of thing. So maybe they just weren`t sure what was going on and they felt more comfortable calling the police. Maybe it was less about the $89 and more about her behavior.

GRACE: To Ellie Jostad, our producer on the story. Ellie, what happens then?

ELLIE JOSTAD, NANCY GRACE PRODUCER: Well, Nancy, the problem was at the restaurant. They say that she was speaking in gibberish. She actually joined another table uninvited, sat down with some people. They said there was nothing threatening about her behavior, but they suspected she might have been on drugs, she might have had mental problems.

GRACE: But why? Why? What did she do that was so unusual?

JOSTAD: Well, like I said...

GRACE: She joined another party? That`s not unusual.

JOSTAD: Right. Well, but she was apparently mumbling. She told them she was an alien sent to earth to -- I believe it was to avenge Michael Jackson`s death.

GRACE: OK.

JOSTAD: I mean, odd behavior.

GRACE: OK. Now you`re talking.

JOSTAD: Right.

GRACE: So she says she`s an alien sent to avenge Michael Jackson`s death, plus she can`t pay for her bill, nearly a hundred bucks.

JOSTAD: Right.

GRACE: All right. Let`s take a listen to that 911 call made from the restaurant.

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: Hi. I`m calling from Geoffrey`s restaurant in Malibu. We have a guest here who is refusing to pay her bill, and we think she may -- she sounds really crazy. She may be on drugs or something. We were wondering if you could come by and pick her up.

911 OPERATOR: OK. What`s the address there?

UNIDENTIFIED FEMALE: It`s 27400 Pacific Coast Highway.

911 OPERATOR: And is she a white, black, Asian, Hispanic?

UNIDENTIFIED FEMALE: She`s a young black girl, probably in her 20s.

911 OPERATOR: OK. What`s she wearing?

UNIDENTIFIED FEMALE: She`s wearing a black T-shirt, and I think bluejeans.

911 OPERATOR: Is she with anybody else?

UNIDENTIFIED FEMALE: No. It`s just her.

UNIDENTIFIED FEMALE: I`m a little frazzled right now. I understand my daughter is being brought into the station, Mitrice Richardson. Have they made it to the station yet and she`s been booked?

911 OPERATOR: OK. Do you know where she`s coming from?

UNIDENTIFIED FEMALE: It`s some restaurant out in Malibu, and I didn`t even think to get the name. The manager`s name is...

911 OPERATOR: OK. Yes, the only place we have somebody that`s in custody that they just announced on the radio that they`re coming up is from Geoffrey`s on Pacific Coast Highway. That`s the only female being that`s being brought up to the station as we speak. They actually just put it on the radio right before you called.

UNIDENTIFIED FEMALE: OK. OK. I`m her mother.

911 OPERATOR: Oh, OK.

UNIDENTIFIED FEMALE: And are you guys going to book her and then release her on her own recognizance tonight? Because it`s dark. She doesn`t have a car, and I don`t want her wandering out.

I`m totally just taken aback because this is so out of character for her.

911 OPERATOR: Yes.

UNIDENTIFIED FEMALE: And you`ll see when she comes in. She`s well- spoken. I think the only way I will come and get her tonight is if you guys are going to release her tonight.

911 OPERATOR: Yes.

UNIDENTIFIED FEMALE: If she`s going to be held in custody for some type of arraignment tomorrow, then I will wait until tomorrow. She definitely has no place -- you know, I mean, she`s not from that area, and I would hate to wake up to a morning report...

911 OPERATOR: Yes.

UNIDENTIFIED FEMALE: ... girl lost somewhere, with her head chopped off. So I guess I would have to come and get her. Oh, my God.

911 OPERATOR: Yes. We`re (INAUDIBLE) The only thing is, at least in the station here, she will be separated so nobody`s going to be with her. So at least that`s, you know, the plus thing so you don`t have to worry about her safety.

UNIDENTIFIED FEMALE: Oh, yes. No, I feel safe with her being in custody. It`s being released that I`m worried about. It`s crazy out here!

(END VIDEO CLIP)

GRACE: I`m just sick. I am sick! There`s the mother, Mitrice`s mother. Just imagine, the little girl you have raised, given your whole life to, sunk in your hopes, your dreams. She`s a grad -- I mean, she`s an honor student, a beauty queen, the works. The mother calls the police station and says, If you`re going to release her tonight, I`m coming to get her because I don`t want to go identify her body with her head chopped off -- and you know, almost joking because they assure the mom, We`re not going to release her.

Joining me right now is Michael Richardson, Mitrice`s father. What is your response, sir?

MICHAEL RICHARDSON, MITRICE`S FATHER: Well, Ms. Grace, I`ve just been trying to hang in there, you know? I`m hurt. I`m saddened. I`m disappointed. And I just was hoping for a better outcome. I fought as much as I possibly could, and I just didn`t think that they would do this to my child.

(BEGIN AUDIO CLIP)

911 OPERATOR: Laying across the steps or...

UNIDENTIFIED MALE: She was sitting kind of sprawled out on these wooden steps in the back of the house, right against the back of the house.

911 OPERATOR: She`s since got up and left?

UNIDENTIFIED MALE: She`s since gone, yes. She`s been gone about five minutes now. But as we thought it over, we thought maybe a little drive-by wouldn`t be a bad idea.

(END AUDIO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I called not too long ago regarding my daughter, Mitrice Richardson. How long before a missing persons report can be filed?

UNIDENTIFIED MALE: ... the 24-year-old Cal State Fullerton graduate...

UNIDENTIFIED FEMALE: Her name is Mitrice Richardson!

UNIDENTIFIED MALE: Mitrice Richardson went missing in the Lost Hills area.

UNIDENTIFIED FEMALE: Skeletal remains were found in a remote Malibu canyon.

UNIDENTIFIED FEMALE: I want more than anybody else for Mitrice to be alive.

UNIDENTIFIED FEMALE: Nobody can find her.

UNIDENTIFIED MALE: And her family hasn`t seen or heard from her since she walked out of the sheriff`s department substation in Agoura (ph) Hills.

UNIDENTIFIED FEMALE: Not naive enough to believe that she may not come out of this alive.

UNIDENTIFIED MALE: It`s to my sadness and disappointment that I`m reporting to you that it is the confirmed remains of Mitrice Richardson.

(END VIDEO CLIP)

GRACE: We are taking your calls live. For those of you that are just joining us, the pageant video you are seeing in that second block in the center is a gorgeous young honor student, Mitrice Richardson. That`s YouTube video of Mitrice in the Fullerton beauty pageant. That`s from Southwest Video Services. She`s just stunning. Stunning!

She goes to an upscale Malibu restaurant, has dinner, acts a little zany, can`t pay for dinner. Police are called. She`s taken in. The cops assure the mother she`ll be kept overnight, but she`s released. She wanders out seemingly confused, disoriented. She`s never seen again.

Out to the lines. Martha in Florida. Hi, Martha.

UNIDENTIFIED FEMALE: Hi, Nancy. How are you?

GRACE: I`m good, dear. What`s your question?

UNIDENTIFIED FEMALE: I just have a quick question.

GRACE: OK.

UNIDENTIFIED FEMALE: Did anyone actually see Mitrice leave the police station?

GRACE: OK, good question. Let`s go to Ellie Jostad, our chief editorial producer. What about it, Ellie? Aren`t there witnesses that saw her leave?

JOSTAD: Yes. There were witnesses that saw her leave on foot. And what the sheriff`s department says is that they twice offered her -- you know, they said, You can wait in our lobby area. You can stay here until somebody can come pick you up or it gets light outside. But they claim that she refused. She said she was going to leave on her own.

GRACE: Let`s hear the call to police, Dana, the gentleman who sees a young lady in his neighborhood lying on a lawn. This is believed to be Mitrice Richardson kind of wandering, wandering around. We are taking your calls live. Do we have that sound yet, Dana? Roll it.

(BEGIN AUDIO CLIP)

UNIDENTIFIED MALE: We just heard this strange woman walking through the back yard here. It`s a fairly large property, and she was sitting on the steps right on the back of the house here. This is kind of a circular driveway, but the gates were closed, so we don`t know where this woman came from.

911 OPERATOR: And you said the cross was Woodbluff?

UNIDENTIFIED MALE: Yes. That`s right. There`s a horse trail, hiking trail access through here, but we`ve never had this kind of thing happen before.

911 OPERATOR: What does she look like, white, black, Hispanic?

UNIDENTIFIED MALE: You know, a tall, slim black woman with afro hair.

911 OPERATOR: About how tall?

UNIDENTIFIED MALE: Well, she was sitting down.

(END AUDIO CLIP)

GRACE: Now, this call was at 6:30 AM, so this woman had been wandering on foot since she left the police station.

Back to our special guest joining us exclusively out of LA. This is Mitrice`s father, Michael Richardson. Michael, what are police telling you about a cause of death? I find it hard to believe, Mr. Richardson, that she just wandered into this canyon and died. I don`t think that`s what happened.

RICHARDSON: I don`t, neither, Ms. Grace. And they haven`t told me anything. Anything that I`ve ever found out was through the graciousness of the media. They still didn`t call me today to let me know they were doing a press conference regarding her remains. They didn`t call me on Monday to tell me that they found bones. I`m always the last to know, but I`m always the first to know through the media.

But I don`t think Mitrice got there on her own accord, and that`s why I`m lobbying and fighting very hard to find out some answers. And a lawsuit was filed to get those answers because I don`t really believe that a lot of people have been forthright with me.

GRACE: Tell me about Mitrice, Mr. Richardson. All I see is a beautiful girl. I don`t know anything about her. What -- tell me about her.

RICHARDSON: You know, Ms. Grace, a lot of people will say about their child, they`re great. But as you can see through video, you can see through photo, this was a girl that had a 4.0 grade average all her life. Whatever she got into, she excelled over the call of duty. And you know, as a father, I remained so hopeful. I didn`t want to point fingers. I didn`t want to blame. I just said, Man, give me this child back because she`s worth it. She`s so good for society. She`s so prime (ph) in her age. Whatever she does, she excels at. And I just wish the world knows that she`s a good kid. And I think she just set the bar so high, so high that she crashed, you know? And so many things went wrong the night she disappeared.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We conducted the pathological exam.

UNIDENTIFIED MALE: No bullet holes.

UNIDENTIFIED MALE: Also with an anthropologist.

UNIDENTIFIED MALE: No knife marks.

UNIDENTIFIED MALE: The cause of death is deferred at this time.

UNIDENTIFIED MALE: No broken bones.

UNIDENTIFIED MALE: It is an ongoing investigation.

UNIDENTIFIED MALE: There are no signs that she had been murdered.

UNIDENTIFIED MALE: Let`s not get into details of what the cadaver looked like and all these other gory things. The important thing is, is that we`re confirming the remains are those of Mitrice Richardson.

UNIDENTIFIED MALE: And the big question, how did she get there? And for how long?

UNIDENTIFIED MALE: She was there for a long period of time.

(END VIDEO CLIP)

GRACE: We are taking your calls live. Out to Camille in Canada. Hi, Camille.

UNIDENTIFIED FEMALE: Hi, Nancy.

GRACE: Hi, dear. What`s your question?

UNIDENTIFIED FEMALE: I was just wondering if we know what Mitrice was up to in the days before this happened. And Nancy, who was she spending her time with? Did they slip her something, and maybe they left her alone after?

GRACE: Good question. Good question. Out to Mitrice`s father, Michael Richardson. Who was she spending time with? She had a group of friends all very much like herself, nobody crazy or weird. She didn`t have any stalkers or any rejected love interests, nothing like that going on in her life, to my understanding.

RICHARDSON: Well, you know, Ms. Grace, we`re leaving that open. I`ve been working very closely with the sheriffs about possibilities and speculations. And based on Mitrice`s behavior, it`s so unusual that we have opened up that can of worms, and we do want to look into a couple of more people.

GRACE: Let`s unleash the lawyers, felony prosecutor Eleanor Odom, defense attorney Renee Rockwell, Atlanta defense attorney Peter Odom. Weigh in, Eleanor.

ELEANOR ODOM, PROSECUTOR: Well, Nancy, I`m real concerned about this because if it is a murder case, you`re going to be able to find signs, even though all we have left is the skeleton. So once the autopsy`s been completed, then we`ll be able to see if this was a natural death or a homicide.

GRACE: But Renee Rockwell, it`s very possible we`re going to never know the cause of death if the body was skeletonized. If there had been, for instance, a strangulation, you can`t tell that by just the skeleton unless the hyoidal (ph) bone is broken.

RENEE ROCKWELL, DEFENSE ATTORNEY: Well, that`s right, Nancy. But I`d be interested to see exactly where -- we don`t know enough about exactly where they found the body. But what your caller said about her being slipped -- sometimes beautiful girls get slipped drugs, and this is absolutely consistent with what may have happened to her that night.

GRACE: But Peter Odom, what difference would that make? The police released her. I know they`ve been cleared by an independent study, but they released her disoriented.

PETER ODOM, DEFENSE ATTORNEY: They released her, Nancy, but to hold her, they would have had to make a finding that she was a danger to herself.

GRACE: Right.

PETER ODOM: There was not enough to believe that, so they probably released her correctly.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Hi. I`m calling from Geoffrey`s restaurant in Malibu. We have a guest here who is refusing to pay her bill. And we think she may -- she sounds really crazy. She may be on drugs or something. We are wondering if you could come by and pick her up.

UNIDENTIFIED 911 DISPATCHER: OK. What`s the address there?

UNIDENTIFIED FEMALE: It`s 27400 Pacific Coast Highway.

UNIDENTIFIED 911 DISPATCHER: And is she white, black, Asian, Hispanic?

UNIDENTIFIED FEMALE: She`s a young black girl probably in her 20s.

UNIDENTIFIED 911 DISPATCHER: OK. What is she wearing?

UNIDENTIFIED FEMALE: She`s wearing a black t-shirt and I think blue jeans.

UNIDENTIFIED 911 DISPATCHER: Is she with anybody else?

UNIDENTIFIED FEMALE: No. It`s just her.

(END OF VIDEO CLIP)

GRACE: For those of you just joining us, we have confirmation as we go to air tonight that a skull and remains found in a remote canyon in California are in fact those of 24-year-old beauty queen and honor student Mitrice Richardson.

She goes missing after dinner at an upscale Malibu restaurant. She`s acting a little zany, can`t pay for her bill, cops come and get her. After assuring her mother they would not release her in the dark of the night without a ride, they did release her.

They say there was no way they could keep her. She was never seen again by her family. She was believed to be wandering neighborhoods on foot at 6:30 a.m. that morning and now a few miles away, weeks later, her body has been found.

We are taking your calls live. Out to Marc Klaas, president and founder, KlaasKids Foundation.

This is your specialty, Marc. Missing people. What is your analysis of the facts?

MARC KLAAS, PRESIDENT AND FOUNDER, KLAASKIDS FOUNDATION: Well, first of all, Mr. Richardson -- Michael, I am so terribly sorry for your loss. And I`m in admiration of the grace and dignity that you`re showing this evening.

MICHAEL RICHARDSON, DAD OF MISSING WOMAN JUST FOUND DEAD, MITRICE RICHARDSON: Thank you.

KLAAS: I think that there`s three things that might have happened here, Nancy. First of all, the police should have called her mother and told her they were releasing her. That hasn`t been brought up but that certainly is a given, I think, in this circumstance.

She could have wandered into that area. That`s always a possibility. But it was such an incredibly remote area that there may easily have been somebody that took her back there and murdered her.

And I think the third -- well, the second possibility is that she might have somehow died of natural causes, but this is also an area that`s well known for growing pot. And the pot farmers are incredibly protective of their crops.

And as this was the middle of September, very near the harvest season, they would have had some pretty big buds up there and they would have been attuned to anybody that was in that area and may have taken drastic measures simply to protect the crop.

GRACE: To Dr. Bethany Marshall, psychoanalyst and author of "Dealbreakers." Weigh in, Bethany.

BETHANY MARSHALL, PSYCHOANALYST, AUTHOR OF "DEALBREAKERS": The police followed the letter of the law but they did not follow the spirit of the law. The letter of the law is that of course you cannot hold somebody against their will, put them on a 52.50 unless they pose a threat to themselves or to other people.

That is the letter of the law.

The spirit of the law is to keep our citizens and our young people safe.

GRACE: OK. No offense, Bethany. But we`re the lawyers. You`re the shrink. Shrink it.

MARSHALL: OK. They should have had better screening for mental health issues. If there is a very real possibility, Nancy, that she had a psychotic break or that she was in the manic phase of bipolar illness which causes confused and tangential thinking, excessive goal directed behavior.

People who are manic love to wander. So you don`t put a wander out in the middle of the night and let them wander off into the wilderness. This is a very remote area. The mother knew her. They should have listened to the mother.

GRACE: To Dr. Howard Oliver, former deputy medical examiner, forensic pathologist joining us out of L.A.

Dr. Oliver, how difficult is it going to be to get a cause of death because a lot is going to hinge on the cause of death. I don`t believe -- along with her father, Michael Richardson -- that she had chosen to wander out in a canyon. I don`t believe that. She was taken there.

HOWARD OLIVER, FMR. DEPUTY MEDICAL EXAMINER, FORENSIC PATHOLOGIST: It`s going to be exceedingly difficult to find the cause of death. Like you said, had her hyoid bone been broken that would be a reason to think she`d been strangled.

Most cases of homicide will leave evidence in the soft tissues. Apparently all we have left here are hard tissues, bone. So it`s highly unlikely that you`ll be able to discern the cause of death in her case.

GRACE: To Michael Richardson, Mitrice`s father.

Mr. Richardson, I don`t believe there`s any way that you can know how many prayers have been lifted up for Mitrice and how many people have hoped and hoped that she would be brought home alive especially after those sightings in Vegas.

I remember when I heard that I thought, praise the Lord. She`s just run away for some reason. She`s going to come home alive. We can get her.

When did you learn that this skull belonged to Mitrice?

RICHARDSON: This morning about 9:35 from Officer Sheriff Baca.

And, Nancy, I just need to let you know that I`m 90 percent there but there`s a 10 percent of me that says, you know, let me further investigate. Let me follow up. I just won`t take it like this. I just -- you know there`s human error. There`s some hope. It`s a very slim, grim hope. But I just have to believe it.

And, you know, I was explaining to the panel that I`m a 19-year veteran in the emergency room myself. And I have to work with the sheriffs. And based on her mental stability that night, you know, they ask three simple questions -- are you a danger to yourself? Do you want to hurt others? Are you suicidal?

But they`re not trained to make that assessment. That`s why they could call someone to the area that they`re at. They can -- and if they`re not sure, and if no one is available, they`re supposed to take them to the nearest facility, which by the way is 30 miles from there.

GRACE: Well, Mr. Richardson --

RICHARDSON: But they can have a mental or medical facility to evaluate my daughter. And I`m deeply hurt. But we can learn a lesson from this, Miss Grace. I want my daughter`s situation --

GRACE: That is what I`m praying. I want her to count for something. What has happened to Mitrice.

And, sir, when you say 10 percent of you is unreasonable, I do not think that delving into and trying to find out what happened is unreasonable.

Everybody, we`re going to a quick break. We`re taking your calls live. But "Death on the D-List" is on the book shelves. Go to CNN.com/NancyGrace to order. My proceeds go to Wesley Glen, a Methodist home providing loving homes for the mentally handicapped.

Tonight which star should play Hailey Dean? Go to CNN.com/NancyGrace and vote, win an autographed copy of the book, and meet us all on the set.

Tonight`s winner, New Jersey friend June. Her vote? Drew Barrymore.

(BEGIN VIDEO CLIP)

SAMANTHA HARRIS, ENTERTAINMENT TONIGHT HOST: Nancy Grace is a take- no-prisoners kind of woman with a brand new show proving "Swift Justice" is the only justice. We have the amazing Grace one-on-one.

GRACE: Will not go into the TV industry with thin skin. That`s not going to work.

This isn`t the first time you have beaten a woman, is it?

HARRIS: That new show is "Swift Justice with Nancy Grace" and the one-time prosecutor won`t let people go off easy.

GRACE: They agree to submit to the jurisdiction of Nancy. Scary.

Do you think it`s OK to act like the animals out in the jungle?

HARRIS: And she has a new book, "Death on the D-List," her second mystery featuring Hailey Dean, a prosecutor turned TV personality. Sound familiar?

GRACE: So much of a finer and braver person than I could ever be and she always says the right thing and does the right thing and I`ve certainly never been accused of that.

HARRIS: Grace is 50 years old, married almost 3 1/2 years, mother of twins nearly 3.

GRACE: I never thought it would happen. And then I get married and get pregnant at 47.

HARRIS: Her career plan to teach English ended when her fiance was murdered. She was 19.

GRACE: So I thought the thing to do was to become a lawyer and make bad people go to jail and stay there.

HARRIS: And the woman who is unafraid to say exactly how she feels does not shy away from the newsmakers of the day like Levi Johnston, the wannabe mayor here filming a steamy scene for Brittani Senser`s new music video "After Love."

GRACE: I find his behavior distasteful. And I`m editing out what I really think because it cannot be aired.

HARRIS: And there is Steven Slater, the JetBlue flight attendant.

GRACE: Did you see that cut on his head? Frankly, I`m surprised he didn`t do more. It would have been self-defense in any courtroom.

HARRIS: And Mel Gibson?

GRACE: What Mel Gibson said in his phone call -- one phone call alone -- is grounds for an arrest on terroristic threats.

HARRIS: And despite her new show and the celebration of her new book, Nancy has found time to start writing her next one.

GRACE: Tell you the truth I always thought I was going to remain a county prosecutor my whole life.

HARRIS: Always telling it like it is. "Swift Justice with Nancy Grace" premieres in Syndication September 13th. Her new book "Death on the D-List" is in stores now.

(END OF VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED REPORTER: No home wrecking going on?

FANTASIA BARRINO, "AMERICAN IDOL" WINNER: Man, listen. I don`t like to share my cookies and I don`t like to share my win.

UNIDENTIFIED REPORTER: "American idol" winner Fantasia Barrino is recovering from a medication overdose.

UNIDENTIFIED MALE: She was dehydrated and exhausted.

UNIDENTIFIED REPORTER: Rushed by ambulance to a North Carolina hospital, overdose on aspirin and a sleep aid.

UNIDENTIFIED REPORTER: She overdosed on the same day that she read this wife`s complaint and she read the allegations.

BARRINO: No, I did not break up his home.

UNIDENTIFIED REPORTER: She messed with the wrong guy in North Carolina and it could get really ugly for her.

UNIDENTIFIED MALE: Fantasia believed Mr. Cook when he told her he was not happy in his marriage.

BARRINO: I want the right thing. I want something that`s going to stand especially when you have a daughter that`s 9. She`s watching everything. She`s watching everything that I do.

UNIDENTIFIED REPORTER: She says she`s no home wrecker.

BARRINO: I`m 26 years old and for so long I have been taking care of everybody and not living my life.

(END OF VIDEO CLIP)

GRACE: In the last hours, reports Fantasia Barrino, "American Idol," out of the hospital and now we also learn that that OD was triggered by the married boyfriend dumping her after the wife gets set to file a lawsuit.

Out to Jean Casarez, legal correspondent, "In Session," what happened? And Jean, before you get going, didn`t I just hear her camp say he told her he was, quote, "not happy in his marriage"? Operative word being "marriage" which means he`s still married?

JEAN CASAREZ, LEGAL CORRESPONDENT, "IN SESSION": Yes, he is. He is still married. And RadarOnline is reporting that in fact Fantasia tried to commit suicide because her married boyfriend dumped her.

And you know why he may have dumped her? Is because he`s married and this is the 13-page complaint that his wife has filed against him alleging that she wants child custody, child support, alimony, post separation support, attorneys fees, and equitable distribution of property.

And, Nancy, she can get mandatory support for infidelity.

GRACE: You know I was trying to make a list of everything you just said. And you were going so fast I couldn`t -- I left out --

CASAREZ: I did it pretty well, didn`t I?

GRACE: I got child. That`s all I got. Give it to me again.

CASAREZ: I`ll try.

GRACE: She`s suing for what?

CASAREZ: Child support, child custody, alimony, post separation support, equitable distribution of property, and attorney`s fees.

GRACE: Whew. Ouch. Now, in that jurisdiction -- we`ve said it before, Jean Casarez, in one of the few jurisdictions in this country the wife can sue the other woman, the mistress, for everything she`s got.

In the Lundquist case there was a jury verdict of $9 million.

CASAREZ: Everything she`s got can be sued for. That`s right. Alienation of affection and criminal conversation. Now criminal conversation -- but it`s pretty easy. You just have to prove the affair basically. The other one -- alienation of affection -- you know what you have to prove? Malicious conduct on the part of the person that is alienating the affection of your husband.

GRACE: Alan Duke, entertainment editor, "CNN Wire", what more do we know?

You`re seeing video of Fantasia on FOX`s "American Idol". It`s from Freemantle Media and 19 Entertainment.

Alan, what more do we know? She commit -- she ODs, is dragged out of a shower where they`re trying to bring her to, and now we find out it`s because the married boyfriend dumps her?

ALAN DUKE, ENTERTAINMENT EDITOR, CNN WIRE: Well, that`s what the RadarOnline report said. They didn`t name their source. I read the report today to Brian Dickens, Fantasia`s manager, and he said that`s not true.

But whether it was the boyfriend who dumped her or her dumping him, or mutual, I am told by friends she is devastated by the end of their relationship.

GRACE: Well, you know, I don`t really care who dumped who. What I care about is, A, what does an attempted OD prove in court, specifically when the wife sues her for everything she`s got like she can in North Carolina? What does it prove? And number two, did the husband just dump Fantasia in an attempt to stave off a legal claim?

Out to the lines, Ella in Pennsylvania. Hi, Ella.

ELLA, CALLER FROM PENNSYLVANIA: Hello, Nancy.

GRACE: Hi. What`s your question?

ELLA: Well, I`d like to know, what if he was making Fantasia believe that his marriage was no longer going to be in existence? What would give his wife the right to sue Fantasia for everything she`s got?

GRACE: OK. I got an answer for you on that one, Ella in Pennsylvania.

OK, Jean Casarez, I`m coming to you only because it sounds so strange coming out of your mouth. You`re so perfect. You never make a slip up.

CASAREZ: Oh, yes.

GRACE: You`ve got to tell Ella in Pennsylvania what Fantasia allegedly said to the wife.

CASAREZ: That`s right. That`s exactly what I was going for. You ready? Here we go.

GRACE: Yes.

CASAREZ: And let me set the stage. All right? Fantasia is with her boyfriend, the husband. The husband is on the phone with his wife. Fantasia grabs the phone according to the complaint. She says, he don`t want you. Maybe the next time that you get a husband you`ll know how to keep him. That`s why he is here with me.

GRACE: OK. I think that answers the question whether she knew or not he was married.

Unleash the lawyers. Eleanor Odom, Renee Rockwell, Peter Odom.

To you, Renee Rockwell. You`re the divorce queen on the set. Tell me, what constitutes malicious behavior in this case? The fact that she knew he was married, right? That`s what you`ve got to prove to win that $9 million?

RENEE ROCKWELL, DEFENSE ATTORNEY: Any kind of alienation of affection or malicious -- anything like this is going to be proved by showing that she knew -- Fantasia knew -- that he was married and she continued in the relationship.

GRACE: Well, Peter Odom, don`t you think that big tattoo on her shoulder of the married boyfriend`s last name will go a long way in front of a jury, Odom?

PETER ODOM, DEFENSE ATTORNEY: You know, Nancy, I don`t know how much alienation was going on. It sounded like the boyfriend just ran right over to Fantasia. I don`t think if they`re going to be able to prove --

GRACE: Really. Is that how it works? Put him up. Put him up.

P. ODOM: Yes. That`s what it sounds like to me. I`m just going by the facts, Nancy.

GRACE: That he ran to Fantasia.

P. ODOM: That he ran to her.

GRACE: Ran. Ran.

P. ODOM: It doesn`t seem like a lot of malicious persuasion on her part.

GRACE: That`s not even the standard, Peter.

P. ODOM: And that`s not alienation of affection.

GRACE: That`s not the standard.

P. ODOM: Malicious conduct.

GRACE: The standard is going to be -- Eleanor, wouldn`t you agree the standard is going to be whether Fantasia -- not the husband, that`s not who is getting sued. Whether Fantasia Barrino, "American Idol", knew he was married?

ELEANOR ODOM, PROSECUTOR: Exactly. That is the standard. So what if he ran over there to her? She`s the one to be --

GRACE: Yes, there`s nothing to run to, Eleanor.

E. ODOM: Well, yes but -- and she`s got the deep pockets so the wife suing her, pretty smart, I`d say.

GRACE: And to you, Sheryl McCollum, you`re the expert at putting together the facts scenario. You`re the director of the Cold Case Squad. What do you -- what will the fact that she tried to commit suicide by OD`ing, the "American Idol", what does that say to you?

I mean if somebody accused me of an affair with a married man, I would sue them for slander.

SHERYL MCCOLLUM, CRIME ANALYST, DIR. OF COLD CASE SQUAD AT PINE LAKE P.D.: Right.

GRACE: Sue them for slander. I would not take every pill in the house and go throw myself in the shower.

MCCOLLUM: Right. That sounds like she knows exactly what`s coming. She knows they`re going to prove the vacations, they were together. She -- you know, she knew the phone calls were coming, she knew the sex tapes were coming. And maybe this, you know, couple set her up. Maybe they knew they were fixing to get crazy paid.

(BEGIN VIDEO CLIP)

UNIDENTIFIED REPORTER: "American Idol" winner Fantasia Barrino.

UNIDENTIFIED REPORTER: Had an affair.

BARRINO: They`re wrong. They`re wrong.

UNIDENTIFIED REPORTER: Accused of filming a sex tape with a married man.

BARRINO: Oh, my god. This ain`t no joke.

(END OF VIDEO CLIP)

(COMMERCIAL BREAK)

GRACE: Again, everybody, I want to thank you so much for your support of "Death on the D-List." It`s finally in the book stores.

And as I mentioned to you a couple of times, my proceeds are going toward Wesley Glen Methodist Ministries. They provide a truly loving home to the mentally handicapped.

I`ve been there myself before I endorsed it. I`ve looked at the homes. I personally know the director and I spent time there helping them raise money and looking at Wesley Glen. So I knew about it.

And with me tonight to take and receive those proceeds, the director, Dr. William Oliver.

Billy, thank you so much for being with us again.

DR. WILLIAM OLIVER, PRESIDENT, WESLEY GLEN MINISTRIES: Nancy, I thank you for the opportunity to represent Wesley Glen and for what your support in the past and in the present means to this ministry.

GRACE: OK. Billy, let me just set the record straight. OK. We all know I`ve been pretty mean in the courtroom and out so this may be my only ticket to heaven. So --

(LAUGHTER)

GRACE: Please, I want you to accept this check. It`s for $25,000. It`s part of my proceeds. And God willing, there`s more coming to Wesley Glen. I don`t know what you`re going to do with it. I trust you completely.

But in the moments we have left, I want you to tell the viewers about Wesley Glen. And they can find out at WesleyGlenMinistries.com.

OLIVER: Nancy, Wesley Glen is 17 residential homes, six host homes and 11 apartments. We serve 91 families all over this -- they come from all over the state of Georgia. They all have developmental disabilities.

And checks like this help us make it possible to pay when they`re not able to pay for the cost of their services. And over half are not able to pay for those services.

GRACE: With me tonight, Dr. William Oliver, a Methodist preacher, who convinced me that Wesley Glen Ministries is performing a very, very need function.

Take a look. This is what I`ve seen for myself. And I`m proud to donate.

Everyone, let`s stop and remember Army Sergeant Andrew Bossert, 24, Fountain City, Wisconsin, killed Iraq. Awarded the Bronze Star, Purple Heart, Meritorious Service Award.

Loved basketball, baseball, the river, country music, dreamed of being an architect, leaves behind parents Steve and Diane, sister Amy, brother Tim. Widow, Oda.

Andrew Bossert, American hero.

Thanks to our guests but especially to you. And a special good night for friends of the show, Elizabeth, Ann and Dwight. Now that`s a fine looking bunch.

You classed up the show.

Everyone, I`ll see you tomorrow night 8:00 sharp Eastern. A special thanks to Billy Oliver. And until tomorrow night, good night, friend.

END