Return to Transcripts main page


Anna Nicole Guilty Verdicts; Zahra Baker`s Father Released from Jail

Aired October 28, 2010 - 19:00:00   ET



JANE VELEZ-MITCHELL, HOST (voice-over): Tonight, a jury reaches a verdict after nearly two weeks of intense deliberations in the Anna Nicole Smith trial. The "Playboy" model`s boyfriend and two doctors charged with using fake names to get Smith drugs and conspiring to feed her addiction. I`ll tell you about the dramatic ending to this high-profile trial. You don`t want to miss this.

Plus, a horrifying setback in the fight to stop bullying. Outrage as a board member of an Arkansas school district allegedly takes to the Internet and encourages gays to kill themselves. How could someone with this much hate be leading our children?

And was the terrified porn star at the center of the Charlie Sheen scandal held against her will? That`s what she`ll reportedly say as she demands a judge throw the book at Charlie. I`ll tell you all about this woman who locked herself in the bad boy`s hotel bathroom after he allegedly got wasted and went berserk.

ISSUES starts now.


VELEZ-MITCHELL: Tonight, fast-breaking news in the Anna Nicole Smith drug case. A jury has just found her boyfriend and her psychiatrist guilty of conspiring to feed her drug addiction.

Howard K. Stern and Dr. Khristine Eroshevich were convicted of conspiracy to provide drugs to a known addict and using false names to get drugs. Anna Nicole`s other doctor, Dr. Sandeep Kapoor, acquitted on all charges. He walks out a free man.

This case raised serious questions about doctor/patient relationships.

Check out these photos of Anna Nicole in a bathtub with Dr. Eroshevich, her shrink. These were presented as evidence. Did these photos seal that doctor`s fate?

The three defendants were not charged in Anna Nicole`s sudden overdose death back in 2007, but Stern and Eroshevich could now face up to three years in prison, and perhaps they could get no prison time at all. We`re going to have to see. Sentencing hasn`t occurred yet.

What do you think about these verdicts? Call me: 1-877-JVM-SAYS.

First to CNN producer Alan Duke, who was inside the courtroom for this stunning verdict.

Alan, how did these defendants react...

ALAN DUKE, CNN PRODUCER: I`m not hearing anything.

VELEZ-MITCHELL: ... to the jury`s decision? And I`m going to toss that out to Carlos Diaz, syndicated radio host.

This was such a dramatic case, Carlos. I mean...

CARLOS DIAZ, SYNDICATED RADIO HOST: You know what? It was a dramatic case, Jane. But I`ll tell you what: if this was supposed to send a message to Hollywood that, you know, prescription medication is going to be a thing of the past for these, you know, Hollywood starlets, the message is not heard, OK?

I mean, you can say all you want that Howard K. Stern was found guilty, but he was cleared on seven counts. I mean, he will not, in my estimation, spend any time behind bars. The judge said before the sentencing was read that the judge has the power to reduce the sentences to misdemeanors.

So when the sentencing comes down on January 6, I would say Howard K. Stern won`t spend any time behind bars, even though he`s facing a maximum of three years. This was a slap on the wrist, and Hollywood, as you said many times before, is a two-tiered system, Jane. And you`ve got two levels of justice, and the enablers out there are not...

VELEZ-MITCHELL: I don`t know. I don`t know, Carlos! I don`t know. Alan Duke, CNN producer, you were inside the courtroom during this verdict. First of all, paint a picture. What was the reaction of the defendants?

DUKE: Well, Howard K. Stern saw it coming. As soon as he heard the guilty verdict on the conspiracy count against Eroshevich, he knew he was next. So his head went down into his hands.

I can tell you that afterward, Dr. Eroshevich seemed to gain her composure. I did talk to her privately after. And she said, "I feel good." She said, "I kind of expected something would be" -- mentally prepared for it, but she was also encouraged because she says, "They didn`t find Anna Nicole Smith an addict. They didn`t say we gave her excessive drugs. They only said we used false names." And so she was...

VELEZ-MITCHELL: Wait a second. No. No. No. It wasn`t just false names. They were found guilty of something else.

DUKE: Yes, it was.

VELEZ-MITCHELL: Weren`t they found guilty of conspiracy?

DUKE: No. No. If you look, as we drilled down more into the verdict, they didn`t -- none of the -- none of the optics -- elements of the conspiracy and none of the other substantive charges related to her being an addict. They did not find her to be a known addict.

Everything was -- for Eroshevich stemmed from using a false name. In one case for Vicodin on November 23, 2006, and in another case using Howard K. Stern`s name for -- writing for Anna Nicole. There was no...

VELEZ-MITCHELL: What was Howard K. Stern found guilty of?

DUKE: Howard K. Stern simply was found guilty of consenting to allow his name to be used to prescribe drugs intended for Anna Nicole Smith.

VELEZ-MITCHELL: So one count?

DUKE: In fact, the jury was split.

VELEZ-MITCHELL: Or was he found guilty of two counts?

DUKE: He was found guilty -- two counts, two conspiracy counts.

VELEZ-MITCHELL: What`s the second one?

DUKE: They both related to -- well, they both related to the same thing. One -- two different periods of time is what it amounted to. One conspiracy was a broad three-year period. The second conspiracy, the last six or seven months of Anna Nicole Smith`s life.

But the jury split 6-6 on whether or not she was an addict. It was after the verdicts were rendered the judge asked them, "How were you split on this?"

VELEZ-MITCHELL: I`ve got to say this. Now you know why the jury took almost two weeks to deliberate, because you have three defendants.

DUKE: Yes.

VELEZ-MITCHELL: You`ve got all these different conspiracy charges. You know, we read that they were found guilty of conspiracy, but it wasn`t that conspiracy. It was this conspiracy.

Wendy Murphy, was this a slap on the wrist, or was this a victory for prosecutors, because just a few weeks ago we were talking about how their case had fallen apart and they were all going to walk?

WENDY MURPHY, FORMER PROSECUTOR: Yes, exactly. Come on! I mean, it is true there were some acquittals. This was a kind of messy prosecution. Frankly, I don`t think it`s a very typical prosecution, and that explains why it was a little messy.

But remember what we`re talking about. This wasn`t like one time Howard went and gave his false name to get drugs for her. We`re talking about a three-year period! So he did it a lot of times.

The idea that this was a conspiracy was part of the story and the evidence. The fact that it took place over such a long period of time matters. And listen, the doctor was convicted of four counts. And here`s what two of them were: for furnishing sedatives and opiates to an addict.

So I don`t know why she`s celebrating, as if she got, you know, a prize. She was found guilty of giving -- she`s a doctor -- giving opiates to an addict, OK?

VELEZ-MITCHELL: And you know...

MURPHY: Happy days for them.

VELEZ-MITCHELL: She was crying -- she was crying throughout this trial, so I don`t know whether that`s like putting on. You know, smile when your heart is breaking kind of attitude. Because I don`t really know that this is a slap on the wrist, Debra Opri.

DEBRA OPRI, FAMILY LAW ATTORNEY: One conviction for a felony is the same as ten. Once you`re convicted, you`re facing jail time.

Frankly, Howard K. Stern may have a state bar issue, as well. If there are any moral turpitude elements to...

VELEZ-MITCHELL: Because he`s a lawyer.

OPRI: Yes. And if there are any moral turpitude elements to the conviction, the crimes, he may have automatic disbarment, and after five years he would have to take the bar again and resubmit, reapply.

But that is the least of his problems right now. He`s facing jail time. And I do not -- I don`t anticipate that this could get knocked down to a misdemeanor. I do anticipate that there are going to be motions for a directed verdict that they can`t have convicted them on this because of the...

VELEZ-MITCHELL: All right. Let`s keep it in plain English. A lot of people don`t know what that means. But basically, you think he`s going to jail, yes or no?

OPRI: I think he may be facing some jail time if the judge keeps the felony conviction. A year.

VELEZ-MITCHELL: Have to wonder how much control Anna Nicole had over her own behavior. This is the famous video. We`ve got to play it. This is the crux of the issue right here.




STERN: Is this a mushroom trip?


STERN: Is this a mushroom trip?


STERN: Is this a mushroom trip?

SMITH: What do you mean?


VELEZ-MITCHELL: Now, you could hear Howard K. Stern, the defendant, who was found guilty, on some counts anyway, in the background as he videotapes Anna Nicole, who seems totally out of it, totally wasted.

Now, Judge Larry Seidlin, you presided over the Anna Nicole Smith body custody hearing. A lot of people have criticized Howard K. Stern as some sort of Svengali, who was Anna Nicole`s puppet master. Is the jury`s verdict essentially saying that they believed that he used drugs to control her?

JUDGE LARRY SEIDLIN, PRESIDED OVER ANNA NICOLE SMITH BODY CUSTODY HEARING: Well, that was one of the issues. During my trial, there were so many red flags. How can you give all these drugs, a duffle bag of drugs, to a known addict?

And these two people, Stern and the doctor, have just been convicted of felonies. I don`t know what they`re drinking in the water in L.A. Some of you guess. But this is a felony. They`re going to lose their license. They may be going to jail. It`s like Hester Prim`s scarlet letter. They`re going to have "F" on their forehead, felony. And the judge is going to have a hard time reducing those felonies to a misdemeanor.

VELEZ-MITCHELL: I`ll give Carlos a chance to respond to that. He`s saying your argument that this is a slap on the wrist is off base -- Carlos.

SEIDLIN: It`s off the wall. These, defendants were found guilty by six men and six women that spent 13 days deliberating. They were serious. They worked hard. And their records now...

VELEZ-MITCHELL: All right. You`ve made your point, Judge. Now Carlos, you respond.

DIAZ: The judge said before the verdict was even read that he has the power to reduce these to misdemeanors if he deems fit.

And the thing is, you look at the counts they were up -- they were acquitted on most of the counts. The counts that they -- that they are charged with are -- they`re facing a maximum of three years in jail.

Judge Seidlin, you know more than anyone that Howard K. Stern is a -- I use the term slippery character, if you will? Or you could use the term a brilliant lawyer, if you will. You have two lawyers working for the same case: Howard K. Stern`s lawyer and Howard K. Stern. I highly doubt that Howard K. Stern will see any time behind bars, because he`s Howard K. Stern. He`s intelligent.

VELEZ-MITCHELL: Yes. Because we have a two-tiered system of justice in this country.

Hang on, fabulous panel.

Major developments in the case of missing and presumed dead Zahra Baker. Are they on the brink of filing charges?

But first, so much more on the Anna Nicole Smith verdict. And we`re taking your calls. Jan in California, hang on. We`ll get to you on the other side.


STERN: She thinks you have.

SMITH: I didn`t.

STERN: Is this a mushroom trip?


STERN: Is this a mushroom trip?


STERN: Is this a mushroom trip?

SMITH: What do you mean?




STERN: The jury found me not guilty of seven counts. These were all the counts related to whether the medication was for a legitimate medical purpose or for whether Anna Nicole was an addict. In other words, everything related to the appropriateness of the medication, I was acquitted of.

What the jury did find me guilty of were two conspiracy counts limited exclusively to my name being used on medications for Anna. Now, this was done to protect Anna Nicole`s privacy, and it was nothing more than that.


VELEZ-MITCHELL: That video coming in just moments ago, Howard K. Stern outside court, reacting to his conviction on conspiracy charges. You heard him right there. He`s saying that this is basically a win for him. Is that spin? Or is it true that the jury did not buy that Anna Nicole Smith was an addict? How is that possible? There was testimony that she took or received 1,500 prescription pills a month. How is that not an addict?

Jan, California, your question or thought, ma`am?

CALLER: well, first I agree with you 100 percent, and I thought the whole thing was an atrocity. They should have all been found guilty of everything. Howard Stern exploited her. He enabled her. It did lead to her death. And I`m disgusted with the jury and the whole situation.

VELEZ-MITCHELL: Yes. Here`s the thing, Wendy Murphy. They`re saying, well, she was depressed. The defense argued she was depressed because her son had died tragically. But depression and addiction are not mutually exclusive. Most addicts -- and I speak as a recovering alcoholic -- most people addicted to drugs and alcohol are depressed. That`s why they self-medicate with drugs.

MURPHY: And that`s not even the issue. I mean, to me, if somebody is an addict and you know they`re taking that many drugs and you care about them, you at least try rehab a few times, right? Did they? No.

I love his argument. It was all about her privacy. Wasn`t he the guy that filmed her drooling in that clown face, and then it was distributed for the whole world to see? Real private, Howard.

Let`s be clear about something else. He`s never going to lose his license to practice law, and it doesn`t matter, because he`s not a real lawyer. He`s a money-grubbing slug who leeched off of her.

VELEZ-MITCHELL: All right. Well, I`ve got to say...

MURPHY: He doesn`t care about his law license. You know what he cares about? He wants some of that money from whoever she was married to, that 90-year-old J. Paul Getty guy. That money is still being hung up. He wants that. And you know what? When you get convicted of a felony related to Anna Nicole`s death, I think the judge in that case might have trouble giving you a piece of that pie.

VELEZ-MITCHELL: So you`re saying he`s going to pay a price on the financial front. But we have to say -- we want to be fair -- and Howard K. Stern is invited on this show or his attorney any time to tell his side of the story.

Dr. Eroshevich was convicted on four counts while the other doctor was completely exonerated. Now, Dr. Eroshevich flew all the way to the Bahamas to be by Anna Nicole`s side, literally, after her son died.

This brings me to my big issue. Was this the house call from hell? Take a look at these photos. These are bathtub photos taken inside Anna Nicole`s rental home. There`s the doctor and Anna Nicole splashing around in the tub.

Alan Duke, did these pictures have an impact on the jury?

DUKE: I don`t know if they had an impact. We haven`t been able to talk to the jurors yet. We may still be able to do that. But they did not come to any conclusion that she was feeding an addiction, which may have had something -- I don`t know why they did that.

VELEZ-MITCHELL: She got the most counts -- she got the most counts of anyone.

DUKE: Yes, she did.

VELEZ-MITCHELL: Let`s take a look at those photos one more time. I`ll get back to you, Alan. I know you have another point to make. But Debra Opri, those photos, do you think they had an impact possibly, maybe? The bathtub photos? On the jury?

OPRI: Jane, in any trial, it is the visual, and anything that was visual made an impact.

What we really need to understand here, and Carlos, I disagree with you. I don`t think this was a slap on the wrist. I think this is going to be the beginning of a mirror reflection, a microscope on the doctors writing prescriptions.

I think Michael Jackson`s case that`s coming up is going to be looked at very closely. I don`t really appreciate the comments that the judge may have or may not have made in the courtroom. That may have some sort of infliction upon the jury verdicts.

But in the end, the jury took their time, and they weighed the evidence. And justice was served as best it could be served with the evidence.

VELEZ-MITCHELL: All right. Well, when sentencing comes up, we`ll see.

DIAZ: We`ll have to see on January 6. January 6 is when we`ll find out.

OPRI: We`ll see.

DIAZ: That`s when the sentencing is.

VELEZ-MITCHELL: Got to leave right there. Fantastic panel, thank you so much. I love the fiery debate.

Jaw-dropping messages of hate made by a school-board member. He is encouraging gays to commit suicide? What the heck? I`m going to talk to the whistle-blower, next.



CHIEF TOM ADKINS, HICKORY, NORTH CAROLINA, POLICE DEPARTMENT: We are attempting to positively confirm the prosthetic leg of Zahra`s by a serial number inside the outer cover. The prosthetic leg was originally fitted in Australia. It will take some time to confirm if it`s hers.


VELEZ-MITCHELL: Tonight, fast-breaking developments in the drama surrounding the search for missing 10-year-old Zahra Baker. Her father is now out of jail.

Meantime, the Associated Press reporting the prosthetic leg believed to be belonging to little Zahra was found near a home where Zahra`s step- mom, who allegedly abused her, once lived. Elisa Baker in jail for writing a fake ransom note about Zahra. Now we know she went out in the field with investigators. Did she lead them to that leg?

Zahra`s dad, Adam, and Elisa Baker say they last saw Zahra in her bed October 9. Cops don`t believe them. Here`s Zahra`s dad before he was arrested on bad check charges.


UNIDENTIFIED MALE: I know you`ve got to go, just what can you tell us about Zahra? Why is she so special?



VELEZ-MITCHELL: All right. Straight out to Tara Servatius, host of "The Tara Servatius Show" on WBT Radio, Charlotte.

What is the very latest?

TARA SERVATIUS, RADIO TALK SHOW HOST: Well, Jane, they were digging - - they were digging around today with backhoes. We`re hearing they found more evidence today but that they won`t say what that evidence was. That`s what we`re hearing.

And so -- and here`s the other thing, Jane. I looked into this today, too. He was charged with assault with a deadly weapon. Now, in North Carolina, that`s a serious charge. That`s not like a misdemeanor assault, you get into an argument with somebody. Assault with a deadly weapon is what they charge you with before they charge you with second-degree murder, right?

So I`m wondering, Jane, have we been looking at her as the main suspect this whole time, just because she wouldn`t cooperate? Is he more - - is he perhaps also a main suspect? Because that is a very, very violent charge. That is the toughest...

VELEZ-MITCHELL: But is that connected with this case, or is that connected with some other case that`s far in the past?

SERVATIUS: Oh, I mean, I think it`s with something that`s in the past, certainly. But what that indicates is that this guy is really capable of violence. This is not a misdemeanor charge. That is a very serious charge here.

VELEZ-MITCHELL: I hear what you`re saying.

SERVATIUS: We just had a guy charged in Charlotte with that for a severe beating.

VELEZ-MITCHELL: She`s been mentioned as a person of interest. He has not been mentioned as a suspect, and he`s been released, even though cops said they don`t necessarily believe his tears that he shed on camera.

SERVATIUS: Right. But they had to release him, because he bonded out. That`s the difference. He`s cooperated, and she hasn`t.

VELEZ-MITCHELL: Let me ask you this question.

SERVATIUS: I think he could be more involved in this than we have thought up to this point.

VELEZ-MITCHELL: Well, he and his attorney and/or are invited on the show any time to tell their side of the story. Here`s what I don`t understand. She`s cooperating, the step-mom who allegedly abused the child. She`s been seen all over the place leading police here and there. If she pointed out the prosthetic leg, then why the heck didn`t she just point out more than that? Why haven`t we gotten the body yet?

SERVATIUS: Well, I don`t -- I don`t know that. That`s an interesting question. But she`s obviously given them some other stuff. They`re digging with the backhoes, so they`re very much busy now. I think that they`re finding some stuff. I think she`s given it to them. I`m just wondering if these two aren`t in it together.

I mean, think about it. He was in on the lie about the mattress. He`s laughing on the 911 call. He`s obviously very violent to have this serious assault with a deadly weapon charge.

VELEZ-MITCHELL: Tara, hang in there. We`re going to get more from you on the other side of the break.

Plus, an unlikely bully spews messages of hate.


VELEZ-MITCHELL: A horrifying setback in the fight to stop bullying. Outrage as a board member of an Arkansas school district allegedly takes to the Internet and encourages gays to kill themselves. How could someone with this much hate be leading our children?

And was the terrified porn star at the center of the Charlie Sheen scandal held against her will? That`s what she`ll reportedly say as she demands a judge throw the book at Charlie. I`ll tell you all about this woman, who locked herself in the bad boy`s hotel bathroom after he allegedly got wasted and went berserk.


911 OPERATOR: How long has she been missing?

ADAM BAKER, ZAHRA BAKER`S FATHER: We checked in there last night about 2:30 and she was there and all this happened last night around 5:00. So I don`t know if they set a fire in the yard to distract us to go out and then they snuck in the door. I don`t know.


VELEZ-MITCHELL: Dad calling 911 on the very day his 10-year-old daughter supposedly disappeared, but cops believe Zahra was missing long before then. Two key pieces of evidence in the hands of investigators tonight: Zahra`s mattress and her prosthetic leg. Are we getting closer to an arrest or possibly even finding Zahra?

Tara Servatius, let`s go out to this issue of the mattress. Is it reasonable to assume that police believe that she wasn`t killed when they reported her missing but several days before when her parents decided to suddenly throw out her mattress? Who throws out a child`s mattress without replacing it unless the child doesn`t need the mattress anymore because she`s not there and maybe there`s some evidence on it?

TARA SERVATIUS, HOST, "THE TARA SERVATIUS SHOW": Exactly, Jane. That`s why this mattress is so important. The police keep saying it`s because we need a time line. We need a time line to figure out when she disappeared. It would help us find her.

Remember, Jane, this family has not cooperated. They`ve said the family story is not reliable. That`s Elisa Brown and her husband, both their stories aren`t reliable.

Why is his story not reliable? Something does not add up there. This guy knows more than we know, than we have I think realized. Plus, he`s violent.

As I said, in North Carolina, a couple gets in a shoving match, that`s misdemeanor assault. Assault with a deadly weapon, that`s hitting someone up side the head with a baseball bat and making them -- you know giving them a concussion.

VELEZ-MITCHELL: That`s what he`s out on bail tonight.


SERVATIUS: This guy is violent.

VELEZ-MITCHELL: Let`s talk briefly about the whole drug issue and what you`ve learned about the stepmother`s involvement with drugs.

SERVATIUS: Yes. Now, we know that she was dealing drugs. She`s getting by with almost no income. He makes, what, $600 a month? He knows she`s dealing drugs out of that house. He lets his daughter live there. He doesn`t leave her. He knows she`s been beaten. Now we`re finding --

VELEZ-MITCHELL: Is Anthony Turner there?


SERVATIUS: -- he`s got assault with a deadly weapon. I`m sorry Jane -- what?

VELEZ-MITCHELL: We have to leave it right there but you have provided some excellent analysis. I`ve got to tell you Nancy Grace has a team on the ground in Hickory, North Carolina. They are all over this case.

Much more on the search for little Zahra at the top of the hour.

Switching gears tonight: outrage, disgust after an Arkansas school board member, somebody who`s entrusted to oversee the education of thousands of students posted horrifying gay bashing messages on his Facebook page. The posts actually encouraged gays to commit suicide.

Clint McCance -- his Facebook posts spread like wildfire. His page is now down. But not before the content went viral.

Here is a sample. We warn you this rhetoric is full of hate. Quote, "Seriously they want me to wear purple because five queers committed suicide. The only way I`m wearing it for them is if they all commit suicide," end quote. And it gets even more hateful than that. We`ll tell you those.

Even McCance`s only family is stunned. The school board member`s father issued a statement saying they`re blindsided and shocked.

We got this photo of McCance from a fishing Web site where he calls himself an advanced fisherman. I think we know what else he`s good at. He`s good at spewing hate.

This guy was with just re-elected to a second term on the Midland, Arkansas, school board. I`m sorry, but no way should this hatemonger be in charge of the futures of children in that school district when he`s calling for children to commit suicide simply because they feel that they`re gay and they`re questioning their sexual orientation? He`s trying to inspire people to kill themselves.

Call me, 1-877-JVM-SAYS.

We begin with a very special guest tonight. Anthony Turner is the man who blew the whistle on the McCance`s Facebook post.

Anthony great to meet you. How did you find out about these posts? What did you do about them and why did you do it?

ANTHONY TURNER, BLEW THE WHISTLE ON MCCANCE`S FACEBOOK POSTS: Ok. Well, Pleasant Plains, Midland Arkansas school district is a small community. While Mr. McCance wasn`t one of my friends directly he was friends with several of my friends. And I, as I began to read these stories coming across the Internet talking about the suicides of these gay kids it really resonated with me, having grown up in a community where being gay is not accepted.

I didn`t come out when I was a kid because I was scared to, but that didn`t keep me from being bullied and it didn`t keep the same things from happening to me that happened to a lot of kids who are gay or who people suspect are gay.

So I started posting these calls for people to wear purple for Spirit Day and to bring attention to this and to end it. And then Mr. McCance, I don`t know if he saw my friends` post or how he came to see the post, but we`ve all seen his response to the call for Spirit Day. So my friends shared with me what was going on and frankly it outraged me.


TURNER: You know, it`s -- to have an elected school board official -- everybody can have their own opinion and that`s fine. But when somebody is in charge of overseeing a school district, the very environment in which this bullying that leads to kids killing themselves happens, that kind of thing can`t be tolerated.


TURNER: So I contacted the school board and the human rights campaign. I`m glad to see that people out there --


VELEZ-MITCHELL: Yes. You did an amazing job. I mean, you took action. You were proactive. Not only is Clint McCance a school board member, he has two young children of his own, which makes this next shocking Facebook entry all the more really upsetting and revolting.

Quote, "I would disown my kids if they were gay. I will absolutely run them off," end quote.

Jarrett Barrios, you are president of GLAAD, one of the leading gay rights organizations in America. This is happening all over America, parents throwing their kids out of the house because they`re gay. That is one with of the reasons why there`s a higher rate of homelessness among gay youth. He`s again, advocating --

JARRETT BARRIOS, PRESIDENT, GLAAD: High rate of homelessness.


VELEZ-MITCHELL: Yes. What`s your reaction to his comment?


BARRIOS: High rate of homelessness with four times as likely to commit suicide if you`re gay, 90 percent of gay kids in high school report physical bullying.

Connect the dots -- where does that come from? It comes from guys like McCance who think they can say whatever they want and spew hate. And it`s wrong. And this guy should not be serving. He should resign his office, because he`s setting a tone that makes it ok to bully gay kids and lead to their suicides.

VELEZ-MITCHELL: Here`s my big issue tonight. Is he teaching hate? School board members are supposed to have the best interest of children -- all children in mind. Here we have a guy who is teaching hate. Take this disgusting post.


VELEZ-MITCHELL: "I like that fags can`t procreate. I also enjoy the fact that they often give each other AIDS and die."


VELEZ-MITCHELL: Here is my take. This man has to go, and the worst part about it, Wendy Murphy, is he was just re-elected for another four- year term and the board says right away, oh, we can`t fire him. You know what? It bothers me that they`re so quick to say, oh, we can`t fire him. We can impeach a president, but we can`t fire -- what if he showed up with Nazi regalia? They would not be able fire him? What if he began spewing racist comments? It`s all because it`s on Facebook? I don`t get it, Wendy.

WENDY MURPHY, FORMER PROSECUTOR: No, no. That`s ridiculous. It`s so ridiculous in so many ways. The whole board should go if they can`t figure out how to deal with this. I`m not going to agree with you he should resign, he should be fired.

I tell you what, I`m thinking maybe tonight while he`s asleep we should all get a bucket of purple paint and write the word (EXPLETIVE DELETED) on his house. I know you probably had to bleep me but I had to say it.


VELEZ-MITCHELL: No, we don`t -- unfortunately, we don`t have the capacity to bleep because, Wendy, this is a live show.

MURPHY: Oh, well, I should have warned you. I will pay the fine myself. He deserves it. And I`d like to paint it on his house myself. I don`t understand this. I don`t understand. Could you please resign? What? What? There should be people lined up outside his house until he apologizes, resigns, ducks his head in a bucket of paint.

Why are we being so damned polite to this guy?

VELEZ-MITCHELL: Jarrett Barrios, president of GLAAD, what is the community that cares about gay issues going to do about this? I understand there`s going to be protests until he resigns?

BARRIOS: We are -- a lot of us are -- has the petition to push this guy to resign. Ms. Murphy, I`ve got to say you`ve got some interesting ideas as well, but the real idea is this, and this is really important for parents and kids out there who think they`re alone, gay kids who are teenagers who think they`re alone.

You`re not alone. There are more of us than there are of them. Those of us, millions of us who were wearing purple last week. GLAAD led that effort, it was Spirit Day. We were partners with a lot of kids and a lot people at Facebook. We`re really proud to tell you that there`s a future for you.

The unfortunate thing is -- and Jane you know this is that there`s still a bunch of jerks out there and they`re the ones in power in a lot of these school districts.

VELEZ-MITCHELL: Yes, I have to leave it --

BARRIOS: But what has to happen is --

VELEZ-MITCHELL: Yes, we`ve got change, and I -- I agree with you. We`ve got to leave it right there. I don`t think we should stoop to his level honestly. I think we should keep our dignity and do whatever we need to do to make this guy leave the school board.

Thank you fantastic panel.

Now, the last woman believed to see missing Kyron Horman alive wants time with her 2-year-old daughter. You won`t believe what her estranged husband Kyron`s dad is saying about that.

Plus, the terrified porn star, who was allegedly trapped in Charlie Sheen`s hotel room, reportedly going to demand that a judge crack down on the troubled actor. Does she have a case? Call me 1-877-JVM-SAYS.


CHARLIE SHEEN, ACTOR: We love each other and we want to hang out until we die. Doesn`t that sound romantic?

Yes, hang out until we did.

UNIDENTIFIED FEMALE: What do you say about that, Brooke? What is it like being with this guy, going to marry Charlie Sheen?



VELEZ-MITCHELL: A vicious custody battle raging between missing Kyron Horman`s father and the child`s stepmom Terri. Now, she wants to spend time with their 2-year-old daughter, but the dad Kaine is saying, "Hey, no way. You`re an emotionally disturbed individual." That`s what he says in new court documents.

He goes on to say that Terri the stepmom has a history of alcohol abuse and notes that she was arrested and charged with driving under the influence and convicted of reckless endangerment because her then 11-year- old son was in the car. Not to mention this woman was the last person to see little Kyron before he disappeared.

Now, the couple`s child cannot choose for herself. I hope for that child`s sake the court makes the right decision and also that we find out what happened to little Kyron.

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


SHEEN: You`re going to work for mom?

UNIDENTIFIED MALE: What else am I supposed to do?

SHEEN: I don`t know. Some job that lets you keep your self-respect, like man whore.


VELEZ-MITCHELL: The scandal surrounding Charlie Sheen`s reported rampage gets more and more outrageous.

Tonight porn star Capri Anderson says Charlie held her against her will in his hotel room and she was terrified. And tonight we get to see and hear Capri courtesy of TMZ. And that rhymes.


UNIDENTIFIED MALE: What`s your name?


UNIDENTIFIED MALE: Very nice to meet you. How old are you?

ANDERSON: I am 18 years old.

UNIDENTIFIED MALE: And you are how tall?

ANDERSON: 5`6" and my bra size is a 32b.


VELEZ-MITCHELL: Again, she insists she is not a prostitute. She is a porn star. Meantime, TMZ obtained an unbelievably awkward photo of Charlie`s ex-wife Denise Richards and his "XXX" date quote, unquote, snapped at a swanky Manhattan restaurant just hours before his reported furniture throwing tantrum.

That is one awkward situation there -- the ex and the "XXX". What is up with this? Sheen`s attorney, no comment on these new developments. But I`m sure you`ve got some. Give me a holler, 1-877-JVM-SAYS.

Straight out to famed attorney Gloria Allred. Your reaction on the fact that this woman who says, I`m not an escort, I am a porn star, is now threatening to go to Colorado to get prosecutors there to crack down on Charlie who`s on probation in a previous scandal?

GLORIA ALLRED, VICTIM`S RIGHTS ATTORNEY: Yes. And I was there when Charlie Sheen was sentenced Jane in the previous criminal case where he was prosecuted and ultimately was convicted of assault against his wife Brooke Mueller. Unfortunately at that time he was placed on probation. All he had to do was go to rehab, which essentially he didn`t even do that because he had completed his rehab.

And as he left the court that day, I noticed this smirk on his face, smiling that he didn`t have to go to jail apparently and that he got a very light and I thought ridiculously unacceptable sentence.

VELEZ-MITCHELL: Yes. There`s a two-tiered system of justice in this country, no doubt. And this is another sign of it -- one for the rich and famous and the other for everyone else.

Now, I want to show you these -- these headlines here. This is "The Daily News" and the "New York Post," they`re both basically saying the same thing, "Charlie`s Angel".

And I want to go out to Alexis Teresczuk she`s with RadarOnline. You`ve got some new information about this Charlie`s Angel. What can you tell us, Alexis?

ALEXIS TERESCZUK, REPORTER RADARONLINE.COM (via telephone): Well, everybody`s been calling her a porn star. We actually found out that she was charging Charlie $12,000 to spend the night with him. So that, to you us, sounds a little bit more like she was a prostitute. The deal was he called an agency. They sent her to him. He ordered up a couple of girls and he was supposed to pay her $12,000 for the night.

They have, either they partied at the restaurant. They headed back to the hotel. When Charlie tried to have sex with her, that`s when she demanded the $12,000, is what the source is telling us. He didn`t have the money and this is when the argument started. That`s when he didn`t have his wallet. He thought that she had stolen it. And --

VELEZ-MITCHELL: I thought there was something about a watch involved.

TERESCZUK: There was a watch reported but it was his wallet was missing, and he thought that she stole his wallet. But really his assistant had the wallet. And the assistant was down the hallway and so she got afraid when he started screaming about the missing wallet and she locked herself in the bathroom. And that`s when she called the police because she said she was afraid of him.

But really she`s just demanding this money trying to get her 15 minutes of fame and maybe her money back, the money she thinks that he owed her for the night.

VELEZ-MITCHELL: Well, let me say this. This woman says that she is not a prostitute, that she is a porn star and that I have to say, if she wants to come on our show or her attorney and tell their side of the story, they are welcome any time. We want to be fair here.

Now, the NYPD isn`t going to file charges for this rampage or the porn star`s allegations that Charlie held her against their will. The D.A. in Colorado, the previous case we were talking about with Gloria, says he can`t file a complaint or charge Charlie with something that happened in New York.

Ok, but guess what, Charlie Sheen tested positive reportedly for cocaine. Now, Gloria Allred isn`t that a probation violation?

Look what happened to Lindsay Lohan? She was on probation, she tested positive for coke. She was called back into court for a probation violation hearing. Why won`t Charlie face the music?

GLORIA ALLRED, ATTORNEY: That`s a good question. Because if he`s still on probation, ordinarily a probation would also include, especially where there`s a person who`s been ordered into rehab, a condition that they cannot be under the influence of alcohol or a substance.

But then again, I represented Brittany Ashton in the first criminal case against Charlie Sheen years ago, in which he was and he entered a plea of no contest to battery with serious injuries --

VELEZ-MITCHELL: We`ll get to more on the other side -- right on the other --



DR. DREW PINSKY, ADDICTION MEDICINE SPECIALIST: He`s had good treatment. He`s been active in the program and he knows what he needs to do. And that actually can be a liability for someone that relapses after long periods of sobriety because they know how to talk the talk. They know what they`re supposed to do. They say they`re going to do it.


VELEZ-MITCHELL: Is Charlie a pro at scamming the system? He spent years in and out of rehab. All that mumbo-jumbo about being an allergic reaction -- guess what? Sounds like it was pulled straight from the 12 steps which said alcoholics have an allergy to alcohol.

Robi Ludwig, psychotherapist, boy we need you on this. What is up with this guy beyond addiction? There`s also rage-aholic behavior.

ROBI LUDWIG, PSYCHOTHERAPIST: Well, also, he could be -- and it sounds like he is a poly-substance abuser. If you have stimulants and alcohol, that can make certain people very rageful and out of control.

So it sounds like there is entitlement there. He has a substance -- a poly-substance abuse issue. And he`s very successful and has a name in Hollywood.

Part of him feels he can get over and he has. And in some way that can be his worst enemy because there`s nothing stopping him from harming himself or other people at this point.

VELEZ-MITCHELL: Yes, so what`s up with the photo of Charlie`s ex-wife Denise Richards posing with his date, the porn star? Can you say awkward?

This photo was snatched hours before Charlie`s alleged rampage. Charlie, three other guys and five women including these two were at a swanky New York restaurant dining. Denise, the ex who accused Charlie of being unstable and violent in her divorce petition was in town with her kids to promote her new TV show and she and the kids and Charlie had gone to the theater and they`d gone to the museum.

What do you make of this, Gloria Allred, that they`re posing together?

ALLRED: Well, after all, Denise is an ex. But having said that, I doubt that she predicted what was about to come about because I doubt that she would have posed for that photo had she known that ultimately that young woman would be in Charlie`s room. It would have been way too embarrassing for Denise.

VELEZ-MITCHELL: I believe she had no idea who this woman was when she posed and she was probably just being friendly. And this -- I feel sorry for this ex because here she is trying to give her two young girls that she had with Charlie the appearance of, well, you have a dad, we`re going to go do nice things and it boomerangs on her.

Brad, Pennsylvania, your question or thought?

BRAD, PENNSYLVANIA (via telephone): Yes, I have to say, some of the things I think we`re overlooking is the fact that did he overreact? Yes, I mean, he obviously -- there was -- the case of the missing wallet. He didn`t know the assistant had it. The fact that a man can afford $12,000 for a prostitute obviously keeps a lot more money in his wallet. If it goes missing, sure, he`s going to go mad. Maybe he threw some stuff around a hotel. The last time I checked, damaging a hotel is not illegal, but accepting money for sex is.

VELEZ-MITCHELL: Well, one way or another, first of all, again this woman says she`s not a prostitute. So again, this is something that`s been alleged by RadarOnline. And we do offer her the opportunity to come on to explain her side of the story.

Here`s another thing that`s developed, with Charlie screaming the n word during the alleged meltdown, Perez Hilton says that`s what he was doing. Robi Ludwig, if so, what do you have to say about that?

LUDWIG: It just sounds like he`s really out of control. When you`re out of control, you say things you shouldn`t say. You perhaps think things you shouldn`t think. And he`s not in his right mind. And that he`s a very frightening person when he`s under the influence.

VELEZ-MITCHELL: He`s giving Mel Gibson a run for his money.

You`re watching ISSUES on HLN.