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Admitted Rapist Stalks Ex-Girlfriend

Aired August 25, 2010 - 19:00:00   ET



CARLOS DIAZ, HOST: Tonight, an obsessed ex-boyfriend stopped in the nick of time. A man is accused of using a fake Facebook page as part of a sick plot to win back his girlfriend. He was busted outside her house with weapons and ammunition. Tonight, what was this admitted rapist doing out on the street?

And Casey Anthony wants some privacy. Her lawyers are fighting for a fair trial, and they want the media to butt out. So does the public have a right to know every intimate detail, or is this Casey overkill destroying her defense?

Plus, the marriage from hell finally exposed. Tiger Woods` ex-wife breaks her silence. Tonight, she claims she never once suspected Tiger of being unfaithful. How is that possible? Tonight we`ll go inside Elin and Tiger`s toxic marriage.

ISSUES starts now.


DIAZ: I`m Carlos Diaz in for Jane Velez-Mitchell.

An admitted rapist is back behind bar tonight, busted outside his ex`s home with gun, ammunition and a box cutter.

Travis Davis is accused in a bizarre stalking plot that will turn your stomach. Police say the 23-year-old used the name of an ex-girlfriend he raped in Ohio last year to create a Facebook page. He used the account to try to blackmail another ex, this one in Pennsylvania. That woman had no clue Davis had driven 300 miles to her home with a handgun and 50 rounds of ammunition.

Thankfully a suspicious neighbor called police to report Davis sleeping in his car. Cops say he tried to hide a box cutter in his console, his console while they ran his plates.

Now, as if this wasn`t bad enough, Davis -- get this -- was scheduled to be sentenced for rape October 5, with a whole different girl. He pleaded guilty just a few weeks ago to that charge. So for two whole months before his sentencing, an admitted rapist was just supposed to behave himself? Is this kind of an honor system for sickos?

Call me: 1-877-JVM-SAYS. That`s 1-877-586-7297.

Out to my expert panel. I want to start with L.A. prosecutor and stalking expert, Rhonda Saunders.

Rhonda, the judge ordered a mental health evaluation for Davis. What`s the process? Is there a good chance he`ll get off? Because this guy seems nuts.

RHONDA SAUNDERS, L.A. PROSECUTOR: Most stalkers or alleged stalkers do seem nuts. They think differently than we do because they`re so obsessive.

But usually, the problem with the mental defense is that their premeditation in stalking is so elaborate, you have someone who`s able to track down their prey. Allegedly, he started a Facebook page in the name of another person so that he could get information from the victim. It shows his thought process.

He was able to come from one state to another, to find the victim, have the gun in the car. All of these things that happened shows that he is thinking. He is planning; he is plotting. It goes completely against any kind of mental defense.

DIAZ: Well, Rhonda, I want to map out this bizarre Facebook scheme. Davis allegedly carried out. See if you can follow this, OK? I`ve got the criminal complaint right here in my hand.

Now, according to this criminal complaint, Davis created a Facebook page using the name of an ex-girlfriend, a woman he raped last year. Using her identify, he friended another ex-girlfriend, the woman he`s accused of now stalking.

Using this fake profile, Davis threatened to distribute a sex tape of himself and the victim, recorded while they were together. She says she had no clue that she was being videotaped having sex with this guy. He told her the only way she could prevent the video from getting out was basically to move back to Indiana and get back together with this sicko.

Brenda Wade, help us sort through this. What do you make of this wild, perverted scheme?

BRENDA WADE, CLINICAL PSYCHOLOGIST: You know, it`s clear that, even if this guy isn`t mentally ill, he is a dangerous sociopath, a dangerous psychopath who doesn`t have compassion or have normal feelings for the people he`s with. He`s willing to hurt, you know, and violently attack someone in a rape and then turn around and use her name.

I mean, look at the disconnect there. There`s an emotional disconnect.

DIAZ: It`s one thing -- it`s one thing to rape someone. It`s another thing to rape someone at gun point with handcuffs, and then you create a Facebook page with her name in order to...

WADE: That is a complete disconnect.

DIAZ: Yes.

WADE: In order to manipulate a second victim.

And if he had a gun with rounds of ammunition, we can only, God forbid, imagine what he was planning to do with the second victim.

This guy needs to be absolutely removed from a place where he can hurt other people. Because the problem with sociopaths is, don`t forget, because they lack that connection and that compassion to other people`s feelings, they go out, and they repeat the crimes. We see it over and over and over.

DIAZ: Let`s restate this one more time.


DIAZ: Go ahead.

HONOWITZ: ... very interesting on this; I just wanted to point that out, one thing. You know, this case really brings some issues that are twofold. No. 1, a rapist was out, awaiting sentencing. Why was he out? The person that you mentioned at the top of the show.

DIAZ: Right.

HONOWITZ: The second thing is, when you see a case like this, you see how easy it is on a social networking site to create a fake identification.

DIAZ: Sure.

HONOWITZ: And how careful people really need to be as to who they friend, who they get in touch with, who they try to contact and who they`re creating. So I mean, this is really an eye-opening experience for anybody that is on this social networking site.

DIAZ: Stacey, you`re making great points, and you`re talking about Facebook here. I mean, is Facebook to blame at all? I mean, can you point the finger at Facebook, Stacey?

HONOWITZ: Well, I don`t think they`re going to have any kind of liability. But I think when you see all these MySpace, Facebooks, and you see that crimes that are committed by people that are on there that are creating fake identifications. I think these networking sites need to try to institute some kind of identity profiles so that you don`t know if the person is really fake. I think it`s very difficult. But I don`t think in this case they would really absorb any kind of liability.

DIAZ: Well, we`ve all heard of prostitutes advertising on Craigslist. You know, this is something we`ve all heard of.

Noel Kersh, you`re a computer forensic examiner. It sounds like this stalking case is just another example of technology used to commit a crime.

Noel, what do you think of this?

NOEL KERSH, COMPUTER FORENSIC EXAMINER: That`s absolutely right. I mean, a good rule of thumb is that anything that good guys use for good can also be used for bad guys for bad. It`s a clear-cut case of that happening here, where Facebook is a great -- is a great technology. It`s a great communication tool.

But obviously in this case, you know, it shows that bad guys can use something as good as Facebook to do -- to do terrible things.

DIAZ: Yes, but you know, Rhonda Saunders, speaking of technology, I`m going to quote my good friend, Jane Velez-Mitchell, here. If we can put a man on a moon, why can`t we slap a device on this guy`s ankle so we can track this lunatic from one state to the next, so he`s not waiting outside of his girlfriend`s home to do her harm? I mean, how hard, Rhonda, is it to put a tracking device on this guy?

SAUNDERS: There was just something on the news the other day about these tracking devices, and I`ve had personal experience with it, also. They could take these tracking devices off. It gives a victim a false sense of security. Because it`s not that difficult to remove it, and then show up at the victim`s doorstep.

But getting back to your point about the Internet. It`s like the Wild West out there right now. There are no controls whatsoever. And people are so vulnerable. Where stalkers are having it so easy, because people go, they put intimate information on their intimate sites, on Facebook, on Twitter.

They`re letting these stalkers know where they are. "Hey, I`m going to this restaurant tonight. Or I`m in this store right now." And they`re doing the stalkers` job for them.

The Internet can be such a dangerous place. And people need to be aware of that.

DIAZ: Yes. And Noel made a good point, you know, what can be used for good can be used for bad.

WADE: It`s never more true, Carlos, than for parents to teach their children what the boundaries and the rules are for using the Internet. Children are much more vulnerable. Teens are much more vulnerable.

DIAZ: The laundry list of charges against Davis include receiving stolen property. Police say he stole some woman`s license plate in Pennsylvania and taped it over his Indiana plate. When the arresting officer asked him about it, he said, "I don`t know how the plate got there. It must have been a prank."

While the officer is investigating this whole thing and checking out the tags, he notices Davis was acting a little nervous, messing with his car`s center console. The cop says Davis was trying to hide -- get this -- a box cutter.

Stacey Honowitz, what kind of sentence could he be facing if he`s convicted on all counts?

HONOWITZ: Oh, God, he could look at -- he`s looking at serious, serious time. And I think the bottom line is the prosecutors who had the original rape charge have to be concerned as to why he was out. I mean, certainly. like you said, it`s a free rein once you get out to go out and commit other crimes. Somebody who`s charged with rape, who pleads guilty to rape, needs to be in jail and in custody awaiting sentencing. And that was the opportunity that he had. He had this window.

So with all these charges, if he`s convicted of all these charges, he`s looking at serious prison time. And hopefully, the prosecutors now will take a serious look at letting somebody out awaiting sentencing.

WADE: From a violent crime, yes. A violent crime.

DIAZ: I honestly don`t understand how this guy is not behind bars as he`s awaiting sentencing for raping a woman at gunpoint with handcuffs.

All right. Everybody, stay right where you are. More on this Facebook stalker. What was he doing out of jail? We`ll investigate. We`re taking your calls: 1-877-JVM-SAYS. That`s 1-877-586-7297.

Plus, can Casey Anthony get a fair trial or has the media coverage tainted the entire state of Florida?


CASEY ANTHONY, ACCUSED OF MURDER: Nobody`s letting me speak. You want me to talk?

CINDY ANTHONY, MOTHER OF CASEY: All right. I`ll listen. Go ahead, sweetheart.

CASEY ANTHONY: I`m not in control.




MATTHEW SCHIMIZZI, DEFENSE ATTORNEY: I`ve not seen any of that evidence. But I`m anxiously awaiting to see what it is they intend on introducing. That way I can prepare for a defense and prove my client`s innocence.


DIAZ: I`m Carlos Diaz in for Jane Velez-Mitchell. That was Travis Davis` defense attorney. Boy, does Matthew have his work cut out for him on this one.

If you read a Hollywood script about a racist [SIC] assuming his victim`s -- excuse me, a rapist assuming his victim`s identity on Facebook, no one would buy it. It`s just too out there.

Police say in this case, Davis created this fake profile to stalk his girlfriend. I have to wonder, how hard was it for him to do this? I mean, he`s creating a Facebook profile to stalk somebody else.

Before I get to my panel I want to get to the phones. Connie, you`re in the state of Pennsylvania where all this went down. What are your thoughts?

CALLER: My thought is, why is this guy out of jail? He should have been in jail for this crime and not waiting for his sentencing to be in jail. Now, I`d like to know why, if he was in another state, would he be able to get more charges on him?

DIAZ: That`s a great point. I mean, he`s crossing state lines. And Connie brings up the point that everybody is hitting on this one: why is this guy not behind bars? Let`s go to Stacey Honowitz on this one.

Stacey, why is he not behind bars, and is he looking at a stiffer penalty because he is crossing state lines?

HONOWITZ: Carlos, I wish I had the answer. I have no idea. I wasn`t the prosecutor on the case. I don`t know why he was out. I think everybody should be outraged that, if it was a rape charge, No. 1, coupled with the fact that he was wearing a mask, had a gun and had handcuffs, I mean, certainly this guy should never, ever have been out of custody awaiting sentencing. So I don`t know what the reason was.

And I think the viewer makes a good point.

DIAZ: Yes.

HONOWITZ: Nothing probably would have happened if he was in custody.

As far as crossing state lines, maybe the feds would have come in on it on something and made it a stiffer charge. But right now, with these charges, he`s looking at serious, serious time.

DIAZ: Well, my point is...

WADE: One of the things, Carlos...

DIAZ: Yes, go ahead, Brenda.

WADE: I also want to mention that one of the things that`s important is that there are three things that women can do to keep themselves relatively safe from people like this.

One of the things is create a sister network where you alert people, somebody dangerous has been in your life. So you all keep track of one another and where that person is.

Secondly, alert the police, if there`s any danger that that person could come near you.

And third, be aware that there is a way to identify people who are dangerous. And don`t let them into your life.

DIAZ: Dr. Brenda, all great points, but my point is, if this guy`s got an ankle monitor on, and he`s going 300 miles from New Castle, Indiana, over to Pennsylvania, you go look at that little dot over there. It`s going from Indiana across Ohio all the way to Pennsylvania. This guy`s just raped somebody. He admitted to raping a woman at gunpoint. I wonder why he`s going 300 miles. Hmm, maybe we should check this out.

He didn`t have an ankle monitoring bracelet on. He had no monitoring device on at all. And by the way, if he takes it off, you go, "Well, wait a minute. Why did he take this thing off? Let`s go find this guy."

WADE: I see a failure in the system, Carlos, but what I`m also saying is, if the system fails, the other place we can protect ourselves -- and if Jane were here, I know what she`d be saying. She`d be saying this is part of the war on women. The way we defeat that war is women have to be alert and be smart and use these tools to protect ourselves.

DIAZ: I`m a man, and I`m saying the same exact thing.

WADE: I appreciate you saying it, too, Carlos. I appreciate it.

SAUNDERS: But you know, the other problem is, that we need to take stalking more seriously. And I hate to throw this out there, but in Pennsylvania, a first-time stalking, if there isn`t a previous conviction of stalking, or violation of a restraining order, is a simple misdemeanor. I`m sorry; it`s a slap on the wrist.

And there`s 3.4 million people a year in this country being stalked according to the Department of Justice. When are the legislators in this country going to start taking it more seriously...

DIAZ: This guy...

SAUNDERS: ... and putting some meat behind the sentencing?

DIAZ: Travis Davis pleaded guilty this month to raping his ex- girlfriend. He broke into her home, handcuffed her and held a gun to her head. Police say the gun was never recovered, so now they think it`s the same gun this guy had in his car outside the other ex`s home. He was supposed to be sentenced in October.

Stacey Honowitz, is it typical for a violent sexual predator to be free for months awaiting sentencing? I mean, this is outrageous.

HONOWITZ: Now, I mean, listen, I don`t want to sit here on national television and tell you that I know the facts of why he`s out. But certainly, as a sex crimes prosecutor, I can tell you, if someone is convicted of rape, and then you couple it because you aggravate that sentence by adding a mask and a gun and handcuffs, he certainly should never have been out walking around. He never should have been out, awaiting sentencing.

When he was adjudicated guilty the day he fled, he should have been taken into custody. They did a pre-sentence investigation and then they sentenced him.

DIAZ: Yes.

HONOWITZ: But I`ll tell you, the real hero in all of this is Brenda was talking about women, you know, watching themselves. Everybody needs to watch themselves.

DIAZ: Yes.

HONOWITZ: That neighbor, thank God that neighbor saw this guy sleeping in the car and thought it was suspicious and called it in. If you see something suspicious, something that doesn`t look kosher, call the police. Look what happened. They were able to track this guy down.

DIAZ: And then they tell the current girlfriend how close he was to her house. She breaks down and says, "He was here to do me harm." I mean, those are chilling, chilling words: "He was here to do me harm."

Gerri, you`re in Florida right now. How outraged are you about all this?

CALLER: Well, I was just wondering that, if they can`t keep an ankle bracelet on them, I understand that there`s a great way to track animals. They put a little microchip in. And they can always remove it at a later date. If we have a predator and we want to know his whereabouts, why can`t it be monitored by a chip?

DIAZ: Great, great thing. Rhonda, we live in an age of technology. The guy -- this guy`s using technology to stalk people, Facebook, why can`t we put a chip in this guy and pull it out when we put him behind bars.

SAUNDERS: Well, that sounds like a great idea. But I`m just wondering if we wouldn`t have a lot of different organizations coming down and, you know, claiming that it`s cruel and unusual. But you know something? We do need to track these people.

But it goes back to the original argument that this guy never should have been out on the street after he was convicted of a charge like rape.

DIAZ: I`ve got news for you. The two -- the two words I`ll describe this guy as, both cruel and unusual.

Fantastic panel, thank you so much. Got to leave it there.

The Casey Anthony case has captivated the nation. Every single detail has been heavily reported. But can he [SIC] get a fair trial? We`re coming right back with that one.


DIAZ: I`m Carlos Diaz in for Jane Velez-Mitchell.

Tonight, attorneys for Casey Anthony say, "Butt out." They are sick and tired of the public and the media wanting to know every little detail about their case. And they have filed a new motion in court to stop the flow of information. They want to know: is it really important if everyone knows what snack foods Casey`s eating while she`s in the clink?

Casey Anthony, of course, is charged with first-degree murder in the 2008 death of her 2-year-old daughter, Caylee. Her lawyers argue that Casey`s right to a fair trial outweighs the public`s right to know. It doesn`t really matter. Haven`t we already heard some of the worst details ever in this case?


UNIDENTIFIED MALE: The one who told you that it smelled like there`s been a dead body in the damn car, was your husband George, correct?

CINDY ANTHONY: He told me that that was his first thought, yes.


DIAZ: How far can the defense take this? And if the judge denies the motion, will Casey Anthony`s attorneys claim it`s impossible to pick a fair and impartial jury?

I`d like to hear from you on this one. Give me a call: 1-877-JVM- SAYS. That`s 1-877-586-7297.

Straight out to my fantastic panel. Let`s begin with Midwin Charles, from "In Session," our sister network on TruTV.

Midwin, is the judge going to go along with all this?

MIDWIN CHARLES, TRUTV`S "IN SESSION": You know, I don`t think so, Carlos. One of the things the defense has to remember here is they went through a whole lot of work to get Casey Anthony declared indigent for costs. Which means she`s broke and needs money from the state in order to help pay for the costs associated with her defense.

And therefore, it means everything that happens with respect to her costs is an open book. And her right to a fair trial, I don`t think, is being violated by people being able to see how the money`s being spent.

DIAZ: Don Clark, you`ve been involved with this, the former FBI special agent in charge. You`ve been involved with this, you know, in so many different ways. Why are we so fascinated about this case? Why do we want to know all these details?

DON CLARK, FORMER FBI SPECIAL AGENT IN CHARGE: Well, I think that all the communication opportunities that we have in this country, to get information and want to know information, has caused us to want to know more and more information.

And you know, Carlos, I have no problem with that. As long as this is not unauthorized leaking of information to someone, now that could be damaging. If it`s not unauthorized and it can be put out there, and they do put it out there, well, that`s just our society.

But law enforcement should not be putting this information out there. And when I hear that take place, then that to me is the most serious aspect of it.

DIAZ: But it is a matter of public record. I mean, that`s why, you know, TV stations down in Florida are putting this, you know, on their -- and by the way, who really cares if she`s having crackers and cocoa? Stacey Honowitz, how can knowing what she`s ordering, you know, in jail for food, how is that going to affect her, whether she gets a fair trial or not?

HONOWITZ: Well, it`s not, Carlos, unless somebody on the jury doesn`t likes Coke and says, "She likes Coke, and I don`t like it, so therefore, I`m going to find her guilty," which is the most ridiculous thing in the world.

I mean, the bottom line is the public does have a right to know. We are fascinated. The interesting thing is, a lot of people that never want to sit for jury duty after they sit on a criminal case are fascinated by it; they find it so interesting. I think people truly find it interesting.

And not everybody watches these shows every single night. There are people that, believe it or not, don`t know a lot about what`s going on with the case. There will be a change of venue, and they will be able to find a fair and impartial jury.

DIAZ: Brenda, hang on for a second. I`m going to come to you in just a second.

Fantastic panel, stick around. Much more on the Casey Anthony case.

Plus, Lindsay Lohan walks out of rehab. So, has she really cleaned up her life? Or is it back to the parties and back to the booze?



UNIDENTIFIED MALE: You wanted them to search for a live Caylee?


UNIDENTIFIED MALE: And you`re clear about that?

ANTHONY: Oh, absolutely. I still think Caylee`s alive.


CARLOS DIAZ, HLN GUEST HOST: I`m Carlos Diaz, in for Jane Velez- Mitchell.

Casey Anthony`s attorneys want some privacy for her. They filed new motions to stop the flow of information, for instance, what Casey is eating behind bars. So does the public have a right to know every intimate detail? Give us a call, 1-877-JVM-SAYS.

In their motions to the judge, Casey Anthony`s attorneys cited media public information requests, one request asked what Anthony had ordered in jail to eat, which happened to be crackers and cocoa. The attorneys believe the only purpose this uncovers is to embarrass, harass and humiliate Casey Anthony and to poison the jury pool.

Florida prosecutor Stacey Honowitz, do they have a point?

STACEY HONOWITZ, FLORIDA PROSECUTOR: Listen, you know, this sets up a great appeal for them if she gets convicted, because if she`s convicted and the judge denies all these motions, of course, they`re going to say we never got a fair and impartial jury. The jury pool was tainted because all of these media outlets were covering every, every single speck of what was going on in her life.

As I said earlier, I think the public has a right to know certain things. I just don`t know where you would ever cut it off. I mean obviously, you would make a boundary.

DIAZ: The reason we`re covering it is because it`s a spectacular case. Casey`s attorney, Jose Baez likes to make fireworks.

Watch this real quick.


JOSE BAEZ, CASEY ANTHONY`S ATTORNEY: We called this motion the pot calling the kettle black because --

UNIDENTIFIED MALE: Let`s not go there. Let`s not go there.

BAEZ: I understand that. But what I`m trying to get to the point --

UNIDENTIFIED MALE: We`ll get into this. And both sides have more to do --

BAEZ: I totally agree. The problem is, how many times have we filed motions to compel --

UNIDENTIFIED MALE: You`re doing it anyway, ok? There`s a problem. It`s a tough case. Both sides are a little hot under the collar at times.


DIAZ: That was back in January when Judge Stan Strickland was presiding.

Let`s go to the phones right now. Dee in New York, are you concerned, do you care what Casey`s having for dinner in jail?

DEE, NEW YORK (via telephone): Are you talking to Dee?

DIAZ: Yes, Dee.

DEE: No, I`m not really concerned. I just think that this girl has been wrongly accused. Why would her father try to commit suicide if he wasn`t covering up something? And why would the mother just say she said it smelled like a damn dead body because the father told the mother to say that?

DIAZ: So you`re pointing the finger at the parents in this situation?

DEE: Something stinks with the whole thing.

DIAZ: All right. Brenda Wade -- and Dee, thank you so much for that phone call and thanks for following the case.

Brenda, why are people -- you`re a clinical psychologist -- why are people so interested in the ins and outs of this case?


BRENDA WADE, CLINICAL PSYCHOLOGIST: This is, as you said -- Carlos, as you already said. It`s a case where we see this young mother accused of killing her toddler.

We look at the young mother, she`s attractive on the outside but is she broken and evil on the inside? We see family drama, endless family drama. Who doesn`t have family drama in their own life? It`s better to watch somebody else`s family drama. I think that`s part of the fascination everyone feels with this case.

DIAZ: Well Dee in New York was pointing the finger at Cindy and George Anthony. They said they had no idea their granddaughter was missing for 31 days.

Listen to Casey`s mother on the phone with 911, at the same time she`s telling her husband, George, the tragic news.


C. ANTHONY: George, Caylee`s missing. Caylee`s missing. Caylee is gone and they took her a month ago. She`s been missing for a month.


DIAZ: Don Clark, former FBI special agent in charge, you played a big role in the investigation into the James Byrd (ph) hate crime. There was so much publicity about that case before the defendants went to trial. Do you think with all the information that has surfaced, Casey Anthony can get a fair trial now?

DON CLARK, FORMER FBI SPECIAL AGENT IN CHARGE: Carlos, I actually do. You know, as you said previously that not everybody is sitting around their TV watching this great program that`s going on, and a lot of information there. And the jury selection process will afford them the opportunity to pick people who are unbiased.

Believe it or not there will be people who have not heard about this case, you know. Some might say I don`t want that person on the jury. But the point is that you will have an opportunity to pick a jury, with the questioning that the prosecution is going to do, and the defense, and certainly with law enforcement providing them adequate information.

DIAZ: Casey`s family eventually stopped visiting their daughter behind bars, because every single visit was videotaped, and released to the media. And the conversations didn`t make Casey look very good.



CINDY ANTHONY: Casey, hold on, sweetheart.

CASEY ANTHONY: Nobody`s letting me speak. You want me to talk --

CINDY ANTHONY: All right. I`ll listen to you.

CASEY ANTHONY: Give me three seconds to say something. I`m not in control.


DIAZ: Now, this case has been going on for more than two years now. The trial is scheduled to begin in May of 2011.

Stacey Honowitz, do you think that the trial will really happen by then?

HONOWITZ: Well, I think this judge really has restraints in order. He really wants them to move along. I don`t think he`s really going to tolerate many more continuances. And I think that`s a projected date and they`re expected to be ready by that date, so I think they will be.

One thing I wanted to talk about, Carlos, you were asking why people are so fascinated with this case. With the influx of all the crime shows on television, CSI in every state now practically, people are really fascinated with all this stuff. So they`re waiting to hear from the experts. They`re waiting to see if there`s DNA. They`re waiting to see about the air samples.

These people -- people find criminal law to be fascinating. And the fact, like Brenda said that she`s a young mother, we`ve seen her out dancing. People can`t fathom that a mother would kill a child. And so these are all the reasons why people are following this and really, you know, want to follow the trial so intensely.

DIAZ: Midwin Charles, I`m going to get to you in a second. I want to go to Brittany in Florida. Brittany, obviously you`ve been following this case -- your thoughts?

BRITTANY, FLORIDA (via telephone): Hi. Yes, I have been following the case. And I`d just like to say that I think that her defense attorney has a weak case. I think that`s the only reason why any of this stuff is being brought up. It`s so trivial about what she`s eating in jail.

This little girl lost her life. You know, she`s never even shed a tear for her daughter. I really think that that`s sickening.

DIAZ: Brittany actually brings up a very good point. Midwin, is the fact that the defense, you know, has such a weak case in this, they have to point to things like, hey, you know what, we can`t get a fair trial because what she`s eating in jail is plastered all over the nightly news.

MIDWIN CHARLES, LEGAL CONTRIBUTOR, "IN SESSION": Right. I mean I would actually say that this motion is premature. There isn`t anything that`s been disclosed so far that is damaging to her getting a fair trial.

Now, I can understand if there was information leaked about what kind of experts were visiting her in jail. This way it would kind of tip the hand to the state. What the defense was up to in terms of preparing an adequate defense. But you don`t have that here.

All we have is information about whether she likes pork rinds or corn chips or potato chips. Nobody really cares about that. Most importantly, it`s not detrimental to her getting a fair trial. That really is the key here.

DIAZ: Short of a confession, that`s all we`re going to have until May of next year. Thank you so much to my fantastic panel.

Coming up, Tiger`s ex-wife breaks her silence. Tiger allegedly had mistresses all over the place. How did she not realize he was cheating on her?

I want to hear from you on this one. It`s a hot topic. Give us a call, 1-877-586-7297.


TIGER WOODS, PROFESSIONAL GOLFER: Why I came back is part of my job. This is my job. This is what I do. And me coming back and playing golf had nothing to do with, you know, our decision to move our separate ways.


DIAZ: I`m Carlos Diaz, in for Jane Velez-Mitchell. Elin Nordegren breaks her silence. That`s next.

But first, "Top of the Block" tonight.

Take a look at this horrifying YouTube video from England. It starts off sweet, this woman, just walking down the street. She stops to pet this little kitty. But wait a minute, she`s doing a little petting, this is where things get -- just gets a little crazy.

She starts looking around, she opens up the dumpster lid and, whammo. She throws the cat inside. And then she walks away. She closes the lid as if nothing happened. This is unbelievable. The cat spent 15 hours in the dumpster before it was rescued by the owner. I`m glad to report the cat is doing fine. The woman, however, is not doing well.

This video has gone viral. And now this woman is one of the most hated people in England. In fact, cops are actually posted outside of her home. I mean, they are trying to protect her. Facebook groups are dedicated to tracking this woman down and now she`s even getting death threats.

We still don`t know why she did this. But she has profusely apologized. Her friends and family describe her as a friendly woman who actually loves cat. Really? She loves cats? I mean, if she did this to a cat she loves, I hate to see what happens when she hates something.

By the way do we know where Jane is on vacation? Because if she`s in England, this girl is in big trouble.

All right, that`s tonight`s "Top of the Block".

Big breaking news tonight in the world of two women who make up the biggest stories in the past year; I`m shocked about this first when I did not see this coming.

I thought Elin Nordegren was going to keep quiet. But she speaks. In her first exclusive interview since ex-husband Tiger Woods` sex scandal, Elin gives "People" magazine a revealing look at her life.

The 30-year-old mother declared, "I`ve been through hell". She came out looking like an incredibly strong person. Confident; she`s amazing in this interview.

If you have not gotten a chance to read this, you have to read it. She gave a down and dirty interview that you would not believe.

Basically we have to ask ourselves, can we compare her to Lindsay Lohan?

We have to look at Lindsay now and say the same thing. She just finished up her jail and rehab stint and is a free woman today. Lindsay, if you`re listening, you need to read this article and follow what Elin is saying step by step.

Elin said, this first sit down would be her last. This one-time deal focused on setting the record straight and moving on. It was almost perfect, but one thing struck me.

I want to bring in Dylan Howard now, the senior executive editor of RadarOnline.

Dylan, I`ve got to -- I`ve got to -- and you deal with celebrity interviews all the time. But I`ve got to ask you, do you think Tiger`s people had a chance to look at this interview and kind of Tiger-proof it before it hit the pages of "People"?

DYLAN HOWARD, SENIOR EXECUTIVE EDITOR, RADARONLINE.COM: Carlos, I think this was a well-orchestrated plan. On Monday, the divorce between Tiger and Elin went down. And then all of a sudden on Wednesday comes the tell-all interview, the same day Tiger is holding a press conference before a golf tournament, a chance for him to respond.

Now, many had thought that as part of the divorce deal, Elin`s silence would be secured with a multi-million dollar golden handshake.

But of course, that wasn`t the case. And I think you`ll find that well and truly, her camp had negotiated the right for her to defend herself in the -- in the -- in the face of all this humiliation --

DIAZ: Right.

HOWARD: -- as a result of Tiger`s deeds. Was it calculated? Was it planned? Yes, it was orchestrated. And I think Tiger`s camp well and truly had a hand in this.

DIAZ: Ok, but I -- and Dylan, I agree with you on several points there. But being a former sportscaster, I can tell you that the Wednesday before every big golf tournament the golfers are expected to face the media.

So that`s why Tiger was talking today. But I -- but I do agree this interview went down before the divorce was finalized, and you have to wonder --


DIAZ: -- is Tiger looking at this and saying, ok, you know, this looks like it`s ok for me. Let`s go to "People" magazine with this.

And it`s -- this all comes down on the same day that Lindsay Lohan is sprung from rehab, within hours of each other. Lindsay gets out of rehab, and then boom, the whole Elin article hits "People" magazine.

So let`s compare and contrast the two. I want to go to my good friend, Tanika Ray, entertainment reporter and the expert on all things Hollywood. Tanika, I`ve got to ask you, how can Lindsay Lohan now put her career back together?

RAY: Go away, longer than 30 days. She needs to go away and maybe take a long extended vacation and read some books. I don`t know, I don`t think the girl finished high school. She has to educate herself, educate her mind and her soul and really start from scratch.

We all know this girl is incredibly talented. But it`s really going to take her really zoning in and focusing on that talent in order for her to make a comeback. She can`t step her foot halfway in the pool. She`s got to jump all the way into a new frame of mind if she`s ever going to make a comeback.

DIAZ: Yes Tanika you make some great points. And wait, hold on, stop the show, why are -- we -- we can`t even compare Lindsay to Elin. I mean, we`ve got to compare --

RAY: You can`t even, thank you. Well, Carlos I was going to get you for that. They are totally different species of women.

DIAZ: Wait no, no Tanika, it`s ok, we`re going to compare Lindsay to Tiger. These are the two people we need to compare. Listen to what the famous athlete had to say today.

RAY: Absolutely.


TIGER WOODS, PROFESSIONAL GOLFER: You never go into a marriage looking to get divorced. That`s -- that`s the thing. That`s why it is sad.

UNIDENTIFIED FEMALE: Do you have any regrets?

WOODS: What`s that?

UNIDENTIFIED FEMALE: Do you have any regrets?

WOODS: Well, my actions certainly led us to this -- this decision. And, you know, I`ve certainly made a lot of errors in my life. And that`s something I`m going to have to live with.


DIAZ: I love it, finally a reporter --

RAY: Yes, they -- they can be compared.

DIAZ: -- yes finally a reporter asking Tiger the questions we want to know about. It`s going to be a long uphill battle for the pro golfer and struggling actress. I mean, they`re -- they`re kind of one and the same now. They both need to regain their careers.

Tiger hasn`t won a tournament in almost a year. Lindsay hasn`t had a hit, in I don`t know when. But both are looking like they`re being down in the court of public opinion.

Lisa G, a reporter for Howard 100 News on Sirius Satellite Radio, am I wrong here? Can we not compare Lindsay to Tiger?

LISA G, REPORTER, HOWARD 100 NEWS: Well, you know, you take sex, you take alcohol, you take drugs, they`re all addicts. So what each of them has to do --

RAY: Absolutely.

LISA G: -- and I know what Tiger`s doing is you`ve got to take a step back and look inward. Look into yourself; figure out what`s going on. I mean, Lindsay`s parents can go on the "Today" show and talk to every tabloid publication and say, "my daughter needs help".

But you know what? It`s Lindsay who has to do the work. I think it would be a great idea like her mom said on the "Today" show --

RAY: I`m not so sure her parents are --

DIAZ: Tanika, go ahead.

RAY: What -- I`m not so sure -- I`m not so sure her parents are supporting her getting help. They seem to be enablers. So let`s keep our fingers crossed on that.

DIAZ: Brenda in Texas, thanks for joining us.

LISA G: Well, it goes back to the same thing.

DIAZ: I want to -- let`s go to Brenda in Texas, real quick. Brenda of Texas, what do you think?

BRENDA, TEXAS (via telephone): Well, I think that Tiger should -- showed pure grace today in his speaking out of his feeling of Elin. I don`t think he loves her. Probably hasn`t loved her in a long, long time.

DIAZ: Oh Brenda you make a great point.

RAY: Wow, wow.

DIAZ: Now -- now Brenda makes a great point because he was asked multiple times today by that reporter in the front row, "Do you still love her? Do you still love her? Do you still love her?" He would not answer the question. He acted like he didn`t even hear her.

Lisa G, I`m sorry to have cut you off before. I mean, the thing is -- the things is with -- with Tiger, I mean, people talked about he has to win tournaments, to regain the public opinion.

But in order to win tournaments, does he have to become the old Tiger I mean, off the course?

LISA G: Well, no. We don`t want him to go backwards. I met some of the women that he had affairs with. On the "Howard Stern" show, we had the Tiger Woods beauty pageant. And it was interesting hearing their side of the story.

So now what Tiger has to do is clean the slate, emotionally, physically, and just really focus in on golf --

RAY: Yes.

LISA G: -- and gain back the American affection --

RAY: Absolutely.

LISA G: -- Americans` affection that we had for him.

That takes a lot of work. It`s not so easy, I mean, give him a break, it hasn`t been that long a time. He`s not going to come back and be the Tiger Woods that we grew to love --

RAY: Yes.

LISA G: -- right away. I`m going to give him some time, I`m going to cut him some slack.

DIAZ: Dylan Howard, I`ve got 30 seconds before, I`ve got to go to break. I want to ask Dylan Howard this question. You are -- you know a lot about Hollywood. Who would you be betting on to make a full recovery faster, Lindsay or Tiger?

HOWARD: Neither.

I think Tiger Woods can work back to the form that he had, and Lindsay Lohan`s days are numbered.

DIAZ: Ok. So wait, Tanika, what were you going to say?

RAY: No, I just think that they`re kind of neck and neck. And I don`t really have much hope for either of them in the next coming years. As far as Lisa G`s point to win back America`s affection, Tiger doesn`t need any more affection than he`s had in the last couple of years. So abstinence for both of them, how about that? On all counts.

DIAZ: I love this panel. Lisa G, Tanika Ray, Dylan Howard, I love you guys. Stay right where you are. We`re going to have much more on Lindsay Lohan, Elin Nordegren, and Tiger Woods -- the new beginning for all these guys coming up after the break.

You see video right there: Tiger and Elin, a much happier time. We`re going to break down more about Tiger Woods` future, Elin`s future, and Lindsay Lohan`s future. And do any of them have a positive future?

Coming back with some ISSUES.



UNIDENTIFIED FEMALE: Do you still love her? Do you wish it had ended differently?

WOODS: I wish her the best in everything. You know, it was a sad time in our lives. You know, we`re looking forward to -- in our lives and how we can help our kids the best we possibly can. And that`s the most important thing.


DIAZ: But do you still love her, Tiger? Answer that question. I`m Carlos Diaz in for Jane Velez-Mitchell.

We`re talking about Elin Nordegren`s revealing first interview and Lindsay Lohan`s release from rehab.

Lisa G, I get the feeling that if the kids weren`t there, Elin would have dumped Tiger on his butt back around Christmas. What do you think?

LISA G: Oh I`m sure but, you know, she`s got her family. She said that the hardest thing for her was not only the anger, the shame; the disappointment is that she`s lost her family. She told "People" magazine, no money in the world will bring back her family. So it`s heart-breaking when you`ve got these two little kids at home, your husband is going off, you know, sleeping with every woman he sees, and she was shell shocked. So yes, she definitely would have dumped his butt, yes.

DIAZ: Dylan Howard, you`re running RadarOnline there, you`re used to getting all the scoops. Were you surprised that Elin actually spoke? I for one said, you`re not going to hear a peep from her.

RAY: Yes, crazy.

DIAZ: Because Tiger`s going to put the clamp down on that one.

HOWARD: Well, everyone thought that the million-dollar handshake that she received, the reputed $100 million handshake, would have secured her silence. But I think this was all about entitlement. And Tiger`s camp couldn`t deny her the right to do this.

However, on the same day that she comes out, bares her soul for the first time after being humiliated and embarrassed, he fronts up to a press conference, yes, an obligatory press conference as part of a golf tournament, but I think it was rather disingenuous that he even spoke. He should have sidelined himself for the day.

This was Elin`s moment to reclaim what she lost as a result of his philandering ways. And he suffocated the oxygen by speaking out on the same day that she spoke for the first time.

DIAZ: Dylan, I agree. You know what? You make very good points.

And Tanika, you know what? I`ve got a minute left. So Tanika, this is your time to speak for all the women in America. Tanika, what do you think the women of America think of Tiger Woods tonight?

RAY: Well, you know how I feel. I feel like this is a moment for us to sort of embrace the real Tiger. He had to hit rock bottom, I`ve been saying that since November. We`ve been waiting for the rock bottom without the contrived PR sort of speech he kept making and I think today was it. Unfortunately, yes, he wants all the attention.

Can we just talk about the fact that Elin, what is she doing speaking? I just don`t understand. She made it off with $100 million, she could have gone back to Sweden, studied psychology, had a great life. Why would she put herself in the spotlight for all of us to know who she is?

LISA G: It`s her way to heal.

RAY: But you know what, it`s self-indulgent.

LISA G: It`s her way to heal.

RAY: Obviously it was sad, duh. Obviously it hurt, duh. But you know what? All I knew is that she was a blond girl with sunglasses on.

DIAZ: Lisa G jump in. Lisa G jump in.

LISA G: I disagree, it`s part of her healing process.

RAY: She`s a target now.

LISA G: I don`t care if he spoke all day on TV, every woman heard what she said. What he said today was moot, as far as I`m concerned.

RAY: Absolutely.

DIAZ: That`s the thing.

RAY: I just feel --

DIAZ: Go ahead, Tanika, real quick.

RAY: I just feel she put the target on herself. She could have just had a nice life, and now we`re all looking at her and she made herself part of the media, what she wanted us not to do.

DIAZ: You guys all make great points.

LISA G: No she hasn`t. It`s one article.

DIAZ: I think Elin comes out strong in this interview, I think she said all the right things. You know. I think Tiger actually was for the first time today sorry that if he wouldn`t have said that -- he didn`t say that he still loved her.

You guys are awesome. That`s ISSUES. Keep watching HLN.

I`m Carlos Diaz. I`ll see you tomorrow night.