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Terri Horman Appears in Court; Family Fears Son Infected by Used Condom

Aired August 26, 2010 - 19:00:00   ET



CARLOS DIAZ, HOST (voice-over): Tonight, Terri Horman finally shows her face. Fast-breaking news in the desperate search for little Kyron. His step-mom showed up in court to fight her divorce. So how is she paying for her high-priced attorney? And why isn`t she out on the streets searching for Kyron?

And a family road trip takes a stomach-churning turn. A woman claims her 4-year-old grandson found a used condom inside their hotel room and put it in his mouth. Tonight the family now says the little boy is sick and has blisters. Is he infected with an STD?

Also, a horrifying rape caught on tape. A young woman was attacked in a parking lot and brutally raped behind a van. Minutes later, the alleged rapist walks away like nothing happened. Tonight, did this monster return to the scene of the crime just one hour later?

Plus, the plastic surgery saga lives on. Heidi Montag now blames plastic surgery for ruining her marriage. Tonight, is the MTV couple headed to therapy, and is Heidi Montag back under the knife?

ISSUES starts now.


VELEZ-MITCHELL: I`m Carlos Diaz in for Jane Velez-Mitchell tonight.

The drama escalates in the disappearance of 7-year-old Kyron Horman. His step-mom, Terri Horman, made a rare public appearance today for an appointment with divorce court. She`s trying to put the brakes on her divorce to Kyron`s dad. Terri needed armed deputies to help her get through the crowd, but it didn`t seem to faze her. Reporters peppered her with questions, but Terri wouldn`t say a word.

Terri was in charge of 7-year-old Kyron Horman the day he vanished from his high -- from his school nearly three months ago. She`s not considered a suspect, but detectives have focused on her throughout the investigation.

Kyron`s parents plan to hold a news conference tomorrow afternoon with an update on the case. They just want Terri to talk.


DESIREE YOUNG, KYRON`S MOTHER: We implore Terri Horman to fully cooperate with the investigators to bring Kyron home.


DIAZ: Kyron`s dad, Kaine Horman, did not attend today`s hearing. Terri was there, hoping to delay the whole thing. Terri`s attorney argues, while she`s at the center of Kyron`s disappearance, there`s no way she can proceed with the divorce. Is that just an excuse? And if Kaine didn`t have to be there, why did Terri attend?

I want to hear your phone calls. Give me a call right now: 1-877-JVM- SAYS. That`s 1-877-586-7297.

Straight out to my fantastic panel, but we begin, of course, with Bruce McCain, former captain of the sheriff`s county involved with this.

Bruce, give me the latest, what`s going on right now.

BRUCE MCCAIN, FORMER CAPTAIN, MULTNOMAH SHERIFF`S DEPARTMENT: Well, Carlos, actually, Terri -- the appearance was actually yesterday, not today, in downtown court.

You`re absolutely right. She has every right to be there as a party. She didn`t have to be there. This was purely a calendaring issue. But what this really seemed to be was sending a very strong, powerful visual message that she`s not in hiding, despite what people are saying. If you saw the images of her, she was very well dressed. She looked very confident, composed and calm.

More importantly, she sent the message that she is literally and figuratively flanked by her high-powered defense team on both sides of her.

Interesting enough, Kaine as you mentioned, this is his divorce petition. He was nowhere to be scene. But again, this was not a substantive motion. It purely calendaring at this point. But Terri Horman was sending the message that this divorce case is not going to rattle her, apparently, and seemed to have that effect.

DIAZ: Well, Kaine Horman did not attend the hearing, as you just said, and his attorney argued attending future hearings would result in a loss of income for him. But what we do know is that Terri was there. She`s trying to delay the divorce proceedings until the Kyron investigation is resolved. In fact, her attorney called her a de facto suspect in Kyron`s disappearance.

Now, former police detective Steve Kardian, what does that mean? Her own attorneys call her a suspect, but police don`t.

STEVE KARDIAN, FORMER POLICE DETECTIVE: That`s quite interesting, because she is -- she is a person of interest, of course. And, based upon their investigation and the fact that she had solicited someone to try to kill her husband, it`s odd that an attorney would make that type of a statement, and it certainly rings a bell. Does he think that she`s a suspect? Obviously.

DIAZ: How can you -- how can you argue that in court for your advantage, yet when it`s to your disadvantage outside of court, of course, she`s not a suspect.

Kaine Horman doesn`t want to delay his divorce from Terri Horman any longer. I mean, imagine what this guy is going through, hearing all this stuff about this woman he trusted to take care of his son, Kyron. It`s terrible.

And in court documents -- but in court documents, Kaine Horman says Terri is only interested in protecting herself by delaying things because she doesn`t want to incriminate herself.

Robin Sax, maybe she also doesn`t want to explain where she got the $350,000 to pay her attorney.

ROBIN SAX, AUTHOR, "PREDATORS & CHILD MOLESTERS": Well, certainly, that`s a question that all of us want to know the answer to, is how do you drum up that kind of cash when you`ve got a missing child and you`re claiming that you don`t have the resources.

But she`s claiming, from what I understand, that the money came from a third party. And that third party would be very interesting for me to know about, because I would want to know, is that person who`s supplying the cash somehow also involved in Kyron`s disappearance?

DIAZ: Yes. You don`t want any mystery surrounding you in this case at all.

It`s been weeks since Kyron`s parents have talked to the media. During their last news conference, Kyron`s mother said she still thinks her son is alive.


YOUNG: I just have a feeling that somebody is holding him. I don`t know if I can elaborate other than that. It`s just a feeling. They believe he`s still alive, as well. We don`t have any evidence to show that he`s not, which is a big deal. It`s a big deal.


DIAZ: Investigative reporter Michelle Sigona, what is the very latest that you have found out?

MICHELLE SIGONA, INVESTIGATIVE REPORTER: Well, I can tell you that tomorrow, 11 a.m. on the 12th week anniversary since Kyron has been missing -- it`s hard to believe it`s been 12 long weeks -- there will be another press conference, and Kyron`s parents will be there. They`ll be there to address the media, to talk about the tips that have come in, nearly 4,000 in this case.

And I speak with investigators pretty frequently. And they -- you know, they constantly tell me the same things over and over again: "We are still prioritizing leads. We are still moving out on things. Our investigative teams are working day by day on this case." There is not a moment that goes by that someone in that area isn`t working on Kyron`s case.

In addition, they`ll also talk about Kyron`s birthday that`s coming up and also the large fund-raiser that`s planned on September 1 to help aid the search efforts to go back out there and to organize something to be able to find this child.

DIAZ: You talk about search efforts. We`re talking about, right now, divorce cases. You know, we`re talking about press conferences. Bruce McCain, give us an update on what law enforcement is doing right now to find Kyron.

MCCAIN: Well, Carlos, as we just heard from Michelle, they`re poring over thirty-seven hundred -- that`s three thousand seven hundred tips, prioritizing ruling those things out.

But the problem here, Carlos, as we`ve known for the last 12 weeks, what makes this case so madly frustrating is that there`s no definable crime scene here. There`s no bloody sock. There`s no broken eyeglasses. There`s no torn "CSI" shirt. There`s actually no physical forensic evidence that we know about at all linking what happened to Kyron.

So they`re literally starting from scratch almost every day because of the lack of any kind of physical forensics. This is a circumstantial case at this point. And on the 12-week anniversary tomorrow, we`re still at the point where we don`t know if Kyron is alive or dead, which leads right into the whole grand jury and why there`s never been an arrest. There`s not an arrest, there`s not a suspect because the investigators don`t even know what the crime is after 12 weeks.

DIAZ: Well, Kyron`s family, they`re doing all they can. They launched a new Web site, pleading for help in finding the 7-year-old boy. shows pictures of Kyron and asks the public to spread the word, distribute flyers and help search for him. Supporters are also able to donate money.

Dr. Dale Archer, I would imagine the family feels like they have to do something, anything to find Kyron.

DR. DALE ARCHER, PSYCHIATRIST: The family is doing everything right. You have to maintain hope until it is proven that your child is no longer alive. So you do the fund-raisers. You keep the name before the media. And most importantly, you maintain hope.

And we only have to think back to Jaycee Dugard, gone for 18 years before being found, to understand that miracles can happen.

So I applaud the family. They`re doing the right thing. Just keep doing it.

DIAZ: Dr. Archer, stick around. Fantastic panel, thank you so much. We`re going to keep updated on that throughout the next week and throughout the next coming months.

And of course coming up, a horrifying rape in broad daylight. Did this rapist turn himself in to the cops, then deny the charges? We`re taking your calls on this one: 1-877-JVM-SAYS. That`s 1-877-586-7297.

Plus, a family road trip turns into a nightmare. What did this 4- year-old little boy find that could infect him for life?


CARMEN JONES, GRANDMOTHER: I ran out the bathroom. and my grandson had a condom in his mouth. I mean, his tongue was in the condom. And you know, he was trying to blow it up.



DIAZ: I`m Carlos Diaz in for Jane Velez-Mitchell. And I want to warn you: you may find this next story very disturbing and hard to stomach. I know I did.

A Georgia family is terrified that their 4-year-old child may have contracted a serious STD. The horrific ordeal began about a month ago inside an Atlanta hotel room. Listen.


JONES: I ran out the bathroom, and my grandson had a condom in his mouth. I mean, his tongue was in the condom. And you know, he was trying to blow it up. It still had, you know, what appeared to be semen in the condom. And I wanted to take the condom and to have it tested.


DIAZ: Get this. The boy`s grandmother says, after 24 hours, he started vomiting and developing a fever. Even more horrifying, she says his mouth broke out in sores.


JONES: Like little white blisters all on the -- it was on the top of his mouth, on his tongue, inside the mouth, inside the lip, the bottom lip. It was all over.


DIAZ: The boy was tested for HIV and other STDs. His family is still waiting for results. This child`s life could be in danger. How could this happen? I`ve got some experts to help me through this one.

I want to start with Dr. Jim Sears, pediatrician from the hit show "The Doctors." What do you make of the symptoms this boy exhibited just 24 hours after coming in contact with a condom in a hotel room?

DR. JIM SEARS, PEDIATRICIAN: Oh, wow, that`s certainly scary. And I`m a dad, too, as well as a pediatrician. So this is hitting me pretty hard.

But, you know, most STDs takes a lot longer than just 24 hours. You know, HIV takes years to show up. Other things, you know, hepatitis takes several months. But there are two STDs that can take as low as maybe two days to show up, and that`s gonorrhea and herpes. So -- and that -- those kind of go along with his symptoms, with those mouth sores insides of his lips and on his tongue. So, you know, if it`s going to be an STD, it`s probably going to be one of those.

DIAZ: This is just hard to even fathom. Carmen Jones says she`s been taking her grandson to the hospital almost daily since that night in the hotel. Listen.


JONES: The doctors at Scottish Rite were saying that if it was some sort of herpes that, you know, in seven to ten -- it would last about seven to ten days and, sure enough, after about ten days, he started getting better. And -- but then the blisters reappeared. You definitely don`t want, you know, to come back as, you know, HIV or...


DIAZ: Dr. Sears says it could be herpes or it could be worse. We don`t know for sure. How dangerous is the herpes virus to a 4-year-old? And would he need treatment for the rest of his life, Dr. Sears?

SEARS: Well, that`s a good question. You know, a lot of kids get herpes viruses in their mouth. It`s not that uncommon. But to get actually genital herpes in the mouth, that`s a little -- little more dangerous.

The one thing -- there is treatment for it. You know, I don`t know if this boy is on medication or not. But there is an antiviral medication that will fight off the herpes infection, if that`s what it is.

Now, when I first read this story, I thought, well, what else could it be? And, you know, 24 hours is pretty soon to develop herpes. So if I had to put money on it I would say -- there`s another virus called coxsackievirus that is one of those harmless childhood viruses.

And you get the fever, the vomiting and the sores in the mouth. And that`s -- and it goes around this time of the year in August. I`m seeing it a lot in my office right now. So you know, if I had to put money on it I`d say it`s hopefully more likely to be coxsackievirus and not herpes. But they are testing, so we will know the answer when the tests come back.

DIAZ: It`s terrible to be even saying the word "herpes" and "4-year- old boy" in the same sentence.

Carmen Jones says immediately after she grabbed the condom out of her grandson`s mouth, she called the hotel manager. She asked for alcohol and mouthwash for her grandson. When the manager came to the room, Carmen explained she wanted to keep the condom to have it tested. Who wouldn`t? But she says the manager insisted on taking the condom after donning some latex gloves, of course.

B.J. Bernstein, how significant is it that the manager took the evidence? What impact could that have on a future lawsuit?

B.J. BERNSTEIN, ATTORNEY: It can go several ways. First of all, it can make it where the hotel is going to be punished even more if they destroyed this evidence and didn`t take into account what this doctor is saying, which is we want to know and ideally have that to be able to take it and have tests run on it. So it matters what they did with it and whether it`s seen as some sort of obstruction of what this poor family has gone through. And if that`s the case, the dollar signs actually go up in terms of the value of this case.

DIAZ: You mentioned dollar signs. So that leads us to me having to play devil`s advocate here, OK? Just going to do it for a moment and ask this question. Is there any chance that this could all be a hoax? I personally do not think so. But let`s face it. We`ve seen some truly bizarre schemes that ended up bringing some big paydays.

Remember this lady, Anna Ayala? She made headlines in 2005 for her Wendy`s chili scam. She claimed to have bitten into a human finger while eating her cup of chili. Of course, she made it all up in an attempt to shake down Wendy`s. Anna and her husband pleaded guilty and went to prison.

B.J. Bernstein, if this goes to court, will the Jones family have to prove they`re telling the truth?

BERNSTEIN: Well, always, whoever is the plaintiff has to prove it. But they`ve got some strong facts on their side: the immediacy of the call. The way they were at the hotel. They were visiting here on a family vacation to Six Flags, the Georgia Aquarium, seeing the best of Atlanta. It`s not exactly the time that you would make up something like this.

And they went immediately to the hospital. They didn`t shy away from medical care, which would be something that you would look for, too. So I`m with you on this one, Carlos.

DIAZ: Robin Sax, I mean, this has got to be something where the Wyndham Hotel in question here, the corporate company has got to be shaking in their boots.

SAX: The Wyndham, they were shaking in their boots, clearly, the night the manager went to go get the sample, he brought the gloves. He knew that it was big trouble and he`d better get that. It`s outrageous. It really is.

And it`s not just outrageous because it`s a condom. It`s outrageous because of the severity. But the biggest outrage is the fact that any sort of STD, herpes are lifetime diseases, even if they can be cured for a short period of time if it is a recurring, this could be damages that last in this kid`s life for the rest of his life and not based on his own action and his own choice.

UNIDENTIFIED MALE: If I could jump in here a little bit.

DIAZ: I want to take a call real quick. Let me take a call real quick.

June in Florida, you`ve been following, of course, this whole thing. What are your thoughts on this horrific occurrence with this grand child?

CALLER: Carlos, for one, I`m not sure what happened before with this woman and the chili. I guess I was out of the loop. I didn`t hear about that. But it can happen, and it did happen to myself, my daughter and my best friend.

We stayed at a very nice motel. We were out of town for a hearing. We stay at the hotel, very reputable. We locked the cell phones. We turned them all off. We didn`t want to be disturbed. In the morning, we stripped the beds down. We....

DIAZ: June, could you hold on one second? We`re going to get right back to you after we take this commercial break. And my panel coming back after this in a second. More on this horrific incident at a Wyndham Hotel here in Atlanta.


DIAZ: I`m Carlos Diaz in for Jane Velez-Mitchell. A dirty condom left in a hotel room ends up in the mouth of a 4-year-old boy. That`s traumatic enough. Now the boy`s family waits to hear if he got an STD.

June from Florida. I`m so sorry we had to interrupt you before we went to break. I want you to finish your story. June, you`ve had a similar experience.

CALLER: Exactly. As I was saying, we were stripping the bed. My daughter, as she pulled back all the covers, found a used condom. I`m reaching behind the bed at the same time. I come up with a beer can that has been bent, which the police officer told me was probably used as a crack pipe.

DIAZ: I mean, as a traveler -- June, thank you so much for that. As a traveler, these are things that scare the death out of people who travel the world. This incident happened August 1 at the Wyndham Garden Hotel in downtown Atlanta. It`s a nice hotel. The building is now owned, though, by Georgia State University, which turned it into student dorms. That`s right.

We contacted the Wyndham`s corporate office. We also reached out to the hotel G.M. in charge at the time. We have not heard back from either.

B.J., who, if anyone, is liable in this case?

BERNSTEIN: Well, certainly, the family is going to go after, probably, the hotel group that the name was under and the individual owner and operator. Remember, a lot of these hotels are actually franchises. They carry the national name. They are -- have another company that`s running it. The lawyer is going to look at both.

DIAZ: Dr. Dale Archer, where do you begin in treating this kid? I mean, where do you -- how do you pull this kid aside and say, "It`s going to be OK"?

ARCHER: Well, the first thing you have to do is talk to him and let him know that it was not his fault, because with all this going on, he`s going to have a sense of blame. So you`re honest with him. You tell him that, "Look, this is what happened. This is not your fault."

And also, you reassure him that the best doctors are looking into it. They`re going to do everything they can in order to make this better going forward.

But I want to throw one more thing in here about this condom being taken. There is DNA in that condom that the manager could have known who was involved in this, and he wanted to cover that up. So I am very, very suspicious about the condom being taken.

DIAZ: That`s a very, very good point.

Dr. Jim Sears, we`ve got about a minute to go. You know, I mean, when this family -- if this family came to you, would you speak to them as a family to help them get through this?

SEARS: Oh, sure. And you know, the first thing I would have done is get the child on the anti-viral medication that would help fight off this primary herpes infection, if that`s what it is. And even before I got the test results back, I would have started the medication, because it has been shown: you start the medication, it can stop the lifelong reoccurrences of the herpes.

And the one thing that kind of bothers me with this is herpes usually takes a week or even two weeks to show up. And usually the shortest time it takes to show up is two days. So the fact that it came less than that, 24 hours, that kind of encourages me to think that, OK, maybe this is something different and not an STD. Keeping my fingers crossed.

DIAZ: But that`s the thing. I mean, you have to -- Dr. Jim, we`ve got 30 seconds. I mean, there -- to go worst-case scenario, though...


DIAZ: ... we could be talking HIV here. I mean, it could be that bad.

SEARS: True, true. And normally, those viruses don`t survive very long outside the body. But the fact that these viruses were in the seminal fluid inside that condom protected them for longer. But you know, hopefully, this turns out fine.

But yes, treat for the worst-case scenario. Start anti-HIV medications, anti-herpes medications. Even treat with antibiotics in case it`s gonorrhea.

DIAZ: Got to cut you off right there. Fantastic guests, thank you so much.


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

Before I even begin this next story, I want to warn you the video you are about to see is graphic in nature. Tonight, a bizarre twist in a brutal rape and beating caught on camera in Trenton, New Jersey. A surveillance camera across the street captured the crime in progress.

The tape shows a man walking around and he sees a 19-year-old woman walking by and here`s what`s absolutely shocking. The suspect literally attacks her in broad daylight, overpowers her, drags her behind a parked van and allegedly rapes her.

How about this for brazen? These store surveillance shots were taken when the suspect returned to the area only about an hour after the rape. The photos were published in the newspaper and guess who saw them? The suspect.

Twenty-two-year-old Jonathan Worley said, "Hey, I got my picture all over town, I didn`t rape anybody." Even came to the police station for a chat. But he never left. They arrested him on the spot.

Now this is swift justice. I`m taking your calls right now. 1-877- JVM-SAYS. That`s 1-877-586-7297.

Turning now to my fantastic panel, Steve Kardian, a former police detective; this is how you want these cases to turn out. Somebody allegedly commits a crime and then calls the cops himself.

STEVE KARDIAN, FORMER POLICE DETECTIVE: Yes, Carlos. Interesting happenings there. We have him on video. We have a photograph of him. We`ve got him heading back towards his residence. It`s a good case.

This type of crime is a blitz and it was a very brazen act. I`m sure that he wasn`t aware that he was being videotaped. And law enforcement did a very good job in interviewing him and developing the corroborating evidence to arrest him. And I`m sure that they`re also executing search warrants on his home, looking at his cell phone records and obtaining DNA and hair and fiber evidence.

DIAZ: The suspect Jonathan Worley is jailed on $250,000 bond and there`s a long list of charges against him -- aggravated assault, kidnapping, aggravated sexual assault, robbery and terroristic threats. And police are investigating whether he is involved in two other unsolved rapes in the area.

Dr. Dale Archer, he saw his face posted on surveillance photos posted inside businesses. He called the cops. He went to the police station and proclaimed himself innocent. I`m not a psychologist but I`m thinking he`s got a guilty conscience.

DR. DALE ARCHER, CLINICAL PSYCHIATRIST: Stupid is as stupid does to sum him up. But these guys basically -- going back to the scene of the crime is very, very common for criminals. Actually, they`ve done studies on that and they`ve interviewed convicted cons and they do it. But they do it for a variety of reasons.

Here it`s very clear. He was reliving the rush of the crime. He was reliving the capture, the rape. And then he was thinking they`ve got nothing on me. I`m going to the convenience store getting a coke and the police are not smart enough to catch me. So he has a grandiose sense. Obviously, he`s a fool.

And then he sees the video, calls the police station and goes and tries to clear his name because he thinks that he can do that. But you know what, I hope this guy is thrown away for life and his genes are taken out of the gene pool forever because he`s a moron.

DIAZ: And the thing is, this video we`re about to show you one more time. We want to show you the video one more time. But before we do I want to warn you again, if you see this video -- when I saw it today, it turned my stomach because it is so horrific to watch this man grab this woman -- his alleged victim is a 19-year-old Hispanic woman. Once again let me warn you this surveillance video contains graphic content.

She was minding her own business walking to the gym. 6:15 in the morning, people. 6:15 in the morning when she was brutally attacked. Later she was brave enough to return to the scene to work with police to find her attacker.

Robin Sax, this young woman has gone through so much. Will she have to testify in court against her attacker?

ROBIN SAX, AUTHOR, "PREDATORS AND CHILD MOLESTERS": Well, just like your warning about the video, I want your viewers to be warned that this is just not how cases generally work in sexual assault cases. In sexual assault cases there is very rarely a video. There is very rarely an opportunity to see the person come back on video. And not only does the video corroborate the victim but his own statements and own actions corroborate.

So with the amount of evidence, it`s quite possible that this case settles without her ever having to come to court. However, one thing that people should be aware of, as awful as it seems going to court in theory and idea, sometimes there`s something extremely empowering about confronting your attacker and pointing him out and saying this is the person that did it and being part of regaining yourself by being part of putting that person in jail.

ARCHER: Absolutely.

DIAZ: all right. Let`s go to the phone lines. I`m sure -- there are several people out there who are watching this and are appalled as we are. Amy in Texas. Amy, thank you so much for calling in. What`s your comment?

AMY, TEXAS (via telephone): yes. This is absolutely what we need in the United States. This is what people have to go through to find these types of criminals to protect our citizens. Like in England this is how they catch the robbers and the rapists and the murderers. If you don`t have anything to hide, why are you scared of these surveillance cameras all over our streets?


DIAZ: So you`re saying you`re in favor -- Amy, you`re in favor of having surveillance cameras like this all over?

AMY: Absolutely. Why not? This would catch exactly these types of people, the ones that need to be caught. I have nothing to hide. I wouldn`t oppose any type of surveillance camera on every street corner.

DIAZ: Amy, that`s a great point and I agree with that point wholeheartedly. Dr. Dale, do you find it ironic that we live in an age with technology like this where a full-color surveillance camera can capture something like this where this guy is basically a freaking cave man grabbing the nearest girl that he can.

By the way, Dr. Dale, I`m not laughing about this. This is a serious thing.

ARCHER: I know.

DIAZ: But to see this person be so violent in this nature, it is strictly out of the cave man era.

ARCHER: Yes. You`re exactly right. Yes, find a woman and then do whatever you want with her. But I think technology does have a chance to make the difference. The one problem I have with a lot of these video cameras is they are not identified. So in this particular case, if you have a big ID camera and arrow pointing up so everyone knows you`re in an area, I think maybe this doesn`t happen.

I not only support the cameras being out there. But I think we have to do more to let people know that they`re there, they`re being watched and maybe we can start reining in these type of violent acts in broad daylight in front of everyone.

DIAZ: Well, this camera -- this crime is so violent and brutal but it turns out the suspect Jonathan Worley doesn`t even have a record. Can you believe this?

But get this. After the rape police say Worley patted down his victim in an attempt to rob her. As if the rape wasn`t bad enough. Not only that, he returned to the scene only an hour after the rape. And that`s where these photos were taken.

Steve Kardian, he`s not exactly cut like a first-time offender.

KARDIAN: No, Carlos. That body language that he`s exhibiting on that video is certainly not the body language of a first-time offender. He`s very deliberate. He`s very brazen. He`s very calculating. And he is truly a predator.

DIAZ: I want to thank our fabulous guests on this one. You guys thank you so much. Just horrific video and I`m just so glad that this guy is behind bars right now.

Coming up, Bristol Palin is headed to Hollywood. What reality show has reportedly signed the single mom?

Plus Heidi Montag says plastic surgery ruined her marriage. So why does she want to go back under the knife? Give us a call. Buzz on this one, it`s pretty ironic. 1-877-JVM-SAYS. That`s 1-877-586-7297.


DIAZ: I`m Carlos Diaz for Jane Velez-Mitchell. Heidi Montag, the real life Barbie doll, now says plastic surgery ruined her marriage. That`s next.

But first "Top of the Block" tonight.

Move over, Kate Gosselin, "Dancing with the Stars" has a new leading lady. New reports say Bristol Palin will be the newest contestant in the TV dance competition. Sarah Palin`s 19-year-old daughter has been all over the tabloids. The single mom recently broke up with her boyfriend Levi Johnston.

But now they`re both starring in reality shows. The official list for ABC`s "Dancing with the Stars" hasn`t officially been released yet but other stars reportedly include David Hasselhoff, The Situation and Michael Bolton.

The show starts in less than a month. It sounds like it could be called "Dancing with Controversy".

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

Now --


HEIDI MONTAG, ACTRESS: -- on the black market but he wouldn`t do it. So for me, I really do want 800 CC`s. I really don`t want -- the first time I got them, I thought they would be bigger.


DIAZ: Well, now Heidi Montag is changing her tune, saying bigger isn`t always better. The former "Hills" star sat down with "Life & Style" magazine and told them she`s regretting part of her mega makeover, her "G" as in ginormous size breasts.

Heidi claims she`s still in extreme pain over the over-the-top implants -- imagine that. And that even painkillers don`t work anymore.

Now in the wake of her old plastic surgeon`s untimely death Heidi is shopping for a new doctor, get this, in South America, to downgrade her "G" cup to a still hefty "D" or double D. She wants to go down to a double D.

Dawn Yanek, editor of "Life & Style", what did Heidi say her reasons are for wanting to do this?

DAWN YANEK, EDITOR AT LARGE, LIFE & STYLE WEEKLY: Well, the main thing she told us at "Life & Style Weekly" was that she couldn`t lead an everyday life. Her "G" cup breasts were causing her pain they were not allowing her to wear clothing.

And also what we found very interesting is they seemed to be a reminder of the demise of her marriage. What she told us was that she kind of blames herself for the end of her marriage to Spencer, that he did not want her to get these various plastic surgeries and that he didn`t sign on for taking care of her when she looked like a woman who had been in a horrific car accident but she had chosen to do these things even though he begged her not to.

DIAZ: Yes, let`s -- I mean, Heidi filed for divorce from her husband Spencer Pratt last month. She told "Life & Style" that the plastic surgery pressure broke up her marriage. Saying Spencer had to help her with everything even going to the bathroom. She claims he begged her not to go under the knife not once, but twice.


MONTAG: I need to feel comfortable as a woman, as a person. And it`s -- in the end he`s always there. And I think that`s the sense he`s most concerned with as well as my inner beauty.


DIAZ: Yes, inner beauty? Something tells me that the procedures aren`t the only thing wrong with this marriage.

Let`s go to Alexis Tereszcuk, a reporter with Radar Online. Alexis, I mean, tee off on this one. I mean, she`s going back under the knife to make herself better? Is she addicted to plastic surgery?

ALEXIS TERESZCUK, REPORTER, RADARONLINE.COM: She is addicted to plastic surgery. She`s in fact -- she wants her boobs to be smaller.

First of all, let`s talk about the fact that we don`t believe that this divorce is even true. Everything that Spencer and Heidi say is an absolute lie. They are trying to stay famous.

They are not getting divorced. They`ve been living together since they supposedly separated earlier this summer. They`ve been living in the same house in Malibu. This is JUST all another ploy from them to stay famous, to stay relevant in the public eye.

DIAZ: Wait, wait, Alexis, you`re telling me this is not real?


DIAZ: Speidi --


DIAZ: -- they`re pulling one over on us? I would never have guessed that. I completely agree with you.

TERESZCUK: I know you`re heartbroken.

DIAZ: Yes I thought --

TERESZCUK: I know you`re heartbroken.

DIAZ: I know, because I want these kids to be together.

But no, the thing is they are -- I mean, they are -- they`re basically pulling the wool over America`s eyes right now. The 23-year-old has already had more than a dozen procedures. And it`s all in the name of fame.

Take a look at the list of procedures that Heidi has gone through: a mini brow lift, botox, nose job revision, fat injections, chin reduction -- turn the page -- neck liposuction, ears pinned back, breast augmentation revision, more liposuction and a buttock augmentation? I didn`t even know that existed.

After recovering Heidi was so proud of her new look, she was on the cover of "People" magazine boasting about her perfect body. Now she says she feels trapped in that body. It`s no surprise to me that she`s going under the knife. I don`t think she`ll ever be satisfied with her looks.

Dawn, is she seriously -- it`s not about her body. It`s about her mind, correct?

YANEK: Well, it`s a very good question. Now, we asked her point blank do you have a body dysmorphia disorder and she just laughed it off and said, no of course not. I find that very funny that anyone would say that.

Of course, looking at what she`s put her body through how can you perhaps not think that? But you know, whether or not she does or doesn`t, I mean, look they love fame. She wanted to be happy with her body. She thought this would do it, will she ever be happy? That`s the big question.

DIAZ: And I hung out with her before she got all the plastic surgery and she was hot before. She didn`t need this plastic surgery. It sends a terrible message out to young people.

And I`m not one of those guys who says -- it sends a terrible message out to young people but in this case I`m saying it because it does.

Angel in Alabama, are you as insane about this as I am?

ANGEL IN ALABAMA: Yes, actually, I am. And I`m wondering, isn`t it the responsibility of any doctor that treats her to make sure that she`s psychologically sound to have more plastic surgery before they grant it to her? Because obviously, the first time she wasn`t happy with it, is she ever going to be happy?

DIAZ: And that`s the thing, though. It`s elective surgery. I mean, people come in and they are electing to have the surgery.

But I remember when this all went down -- it`s a great question, Angel -- when this all went down, people were screaming, ten surgeries in one day?

Now, reports are now that Spencer is shopping around multiple sex tapes of him with his wife Heidi. According to TMZ, Heidi sent the CEO of Vivid Entertainment an e-mail saying of Spencer, quote, "I think he`s making it up for publicity for a new reality show he wants me to do. But I really can`t tell. He can be sneaky. If you decide to come to Costa Rica, I look forward to hearing your thoughts."

Hold on a second, Tereszcuk, Alexis, she`s in Costa Rica. Who is in Costa Rica -- who is she in Costa Rica with right now by the way?

TERESZCUK: With Spencer Pratt, her husband.

DIAZ: Well, now wait, wait.


DIAZ: She`s with Spencer Pratt? I thought that --


DIAZ: -- they were on the outs. I thought they were breaking up here. Why are they in Costa Rica together?

TERESZCUK: They`re in Costa Rica together to get a little bit more fame. There was a story that oh, they were trading their dogs and that -- that he was down there by himself.

No, they are there together they are just trying to keep people interested in them. And in fact, you know, the thing that I learned about the sex tape is Heidi had told a friend of hers that, yes, she was in the hot tub with (INAUDIBLE) O`Shannon, he`s the playmate, there might have been some filming of that.

So her denial just do not ring through on any level.

DIAZ: She told "Life & Style" that she`s mortified that people could be looking at her naked before the surgery.

I mean, Dawn, you`re with "Life & Style." You`re right there for this interview. I mean, when you -- what was her state of mind?

YANEK: During this interview?

DIAZ: Yes.

YANEK: You know, she seemed just to want to set the record straight. She wanted to get out there you know, why she was doing what she was doing, why she wanted to have smaller breast implants. And she seemed to want to get the fact out there that things were not so rosy with Spencer.

She`d -- I know there`s a lot of raised eyebrows about whether the two of them have been together or not been together in Costa Rica. And she seems to say, he`s look, he came down to help me move the dogs down but he stayed there and he`s been a leech since.

Her priorities seem a little bit confused especially if that`s the only reason she doesn`t want the sex tape released. Well, between that and a tell-all book that`s been discussed from Spencer`s side, things are difficult. This is a marriage where fame has seemed to always take precedence over love, support, and everything that should be in a real marriage.

DIAZ: All right, Dawn, you talked to her. What do you think? Is there a sex tape?

YANEK: Oh, very good question. I don`t know. What Heidi said was she has no knowledge of a sex tape but she wouldn`t put it past him to have taped their encounters when she was not aware of it. He apparently has all these little cameras around the house she told us.

DIAZ: All right, how do you not know if someone is taping you? I`ve had sex a few times in my life and if there`s a camera in the room I`m going to know, I mean --

YANEK: A tiny secret surveillance camera it could be. These things could happen.

DIAZ: Thanks for filling me in on that one. I appreciate that.

When we come back, we`re going to hear from Perez Hilton. He`s chiming in on this whole thing. But also when we come back, we`re going to talk about whether or not this couple is pulling the wool over our eyes. Sex tapes, plastic surgeries, magazine covers. Everything you could ask for, these two are giving us. And we`re talking about them. Is it all planned?

We`re going to hear from the queen of all media, Perez Hilton, coming up in a matter of moments. Heidi and Spencer, is it a plan for fame? And are they addicted to fame?

And get this. Is Spencer going to go see a psychiatrist to cure him of his addiction to fame? That`s coming up next on ISSUES.

Don`t go anywhere.



LARRY KING, CNN HOST, "LARRY KING LIVE": Spencer, people say that you`ve made a career out of being obnoxious. Let`s put it this way. When you look at yourself in the mirror in the morning do you consider yourself I`m an obnoxiously?

SPENCER PRATT, HEIDI MONTAG`S EX-HUSBAND: When I look in the mirror in the morning I actually think about how amazing I am at first and --

KING: See, that`s obnoxious.


PRATT: So then, yes.


DIAZ: I love that. I love that it came from Larry King. You`re obnoxious, dude.

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

We`re talking about Heidi Montag`s never ending plastic surgery procedures. Now she says she wants a breast reduction down to a double D. The words down to a double D have never been uttered in the English language.

There`s so much going on with Heidi and Spencer. Perez Hilton joining us right now. Perez, you know all things Hollywood. Is this all fake?

PEREZ HILTON, FOUNDER, PEREZHILTON.COM: Absolutely. It is 110 percent fake. And let me tell you why that is. Because by Spencer and Heidi turning their lives into a real life soap opera and creating all of these fake stories, they can make money off of it. They got paid for that "Life & Style" interview. They get paid for staging paparazzi photos. So they are making money by just being themselves and not even being on television.

DIAZ: Ok. Hold on, hold on. Dawn, you`re there at "Life & Style". Did you guys write these people a check? Talk to me.

YANEK: We don`t comment on monetary issues for the magazine.

DIAZ: All right. That`s a big fat yes.


DIAZ: That is confirmation through non-denial. I`m sorry. You don`t comment on that.

YANEK: Look. What I will say is that Heidi and Spencer love fame. But they have major, major problems in their marriage. So I wouldn`t be surprised if some of this is real. But it`s the two of them. So I also wouldn`t be surprised if they do get back together down the line.

DIAZ: Yes. But that`s A little more money in their pocket.

I just want to go back to Perez real quick and ask Perez. You`ve covered so many things in Hollywood. How disturbing is this when you have someone like Heidi who`s under the knife to create headlines?

HILTON: I don`t think it`s disturbing at all. I look at it as entertainment. That`s perhaps one of the most honest answers you`re going to get all night. And the reason we`re talking about them right now is the reason that they make up these stories. The media, especially celebrity media, wants things to talk about. And Spencer and Heidi are willing to play the game.

DIAZ: All right. I want to end with a phone call.

Arlene from Tennessee. Arlene you have 30 seconds, what do you have to say about this two?

ARLENE, TENNESSEE (via telephone): Well, she didn`t start talking about she wanted to repeat plastic surgery until like a day after her plastic surgeon had the wreck. So she should have been unhappy with it before he passed away.

DIAZ: That`s a good point. People don`t realize that her plastic surgeon is now deceased. He died in a horrific car accident earlier this month.

Alexis, when you see these two, are we pointing into a dangerous direction with fame and Hollywood where people will do anything to be famous?

TERESZCUK: Well, people will do anything to be famous but I don`t think very many people are going to do what Heidi did. I don`t think that many people are going to get 12 plastic surgeries. Sure they`re not going to wear underwear and they`re maybe going to have too much to drink but they`re not going to go down this route very often.

DIAZ: Alexis, Dawn, Perez, thank you so much joining us. Fabulous panel -- thank you so much for joining me tonight.

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

Don`t forget Nancy Grace is up next with the latest on the search for the killer of a high school cheerleader.

You`re watching ISSUES on HLN.