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NANCY GRACE

Missing Baby`s Clothes Found in Abductor`s Pocket; Giordano`s Car Spotted on Rocky Point Before Robyn Gardner`s Disappearance in Aruba

Aired August 16, 2011 - 20:00:00   ET

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


NANCY GRACE, HOST: Live tonight, Michigan. A 5-month-old baby girl, Kate, snatched in front of Mommy, missing without a trace. Bombshell tonight. In the last hours, we learn baby Kate`s clothes, the same ones her mommy dresses her in the day she`s taken, a tiny white top and pink diaper cover, have been found. But no baby. Tonight, where is baby Kate?

(BEGIN VIDEO CLIP)

GRACE: A 5-month-old baby girl gone and snatched in front of Mommy!

UNIDENTIFIED MALE: The man believed to be baby Kate`s father, Sean Phillips, was in court for the kidnapping of the child.

UNIDENTIFIED FEMALE: I want her back. I don`t know why he took her.

UNIDENTIFIED MALE: He pleaded not guilty.

UNIDENTIFIED MALE: He then referred to Katherine as "it" and then stated that, Ariel had it.

UNIDENTIFIED MALE: Courtland and police investigating the case took the stand to recall the events when baby Kate went missing.

UNIDENTIFIED MALE: Very nervous (INAUDIBLE) box of stamps (ph) (INAUDIBLE)

UNIDENTIFIED FEMALE: She`s been keeping quiet in here.

UNIDENTIFIED MALE: (INAUDIBLE) grabbed the (INAUDIBLE) cargo pocket. He asked, What is this? And he states it`s her clothes.

UNIDENTIFIED MALE: Phillips has said that Kate is alive.

UNIDENTIFIED FEMALE: He hasn`t told anyone where she is.

UNIDENTIFIED FEMALE: Again, he tells you the last time he`s seen the baby was with Ariel, correct?

UNIDENTIFIED MALE: No. He states that he`s not telling me the whole truth.

(END VIDEO CLIP)

GRACE: And tonight, live, Aruba. Another American girl goes missing. A beautiful young tourist, Robyn Gardner, goes missing without a trace from the same spot as Natalee Holloway. Gardner, heading to an Aruban vacation with so-called traveling companion Gary Giordano as just friends, never seen again. Reports Gardner snorkeling off Baby Beach, known for warm water and no waves, but not a single witness places her at Baby Beach in the water, snorkeling or even with snorkeling gear. Gardner with Giordano, the two of them having a seaside lunch, both bone dry. Just two hours later, she`s gone.

Bombshell tonight. We now learn Gardner, wearing just a bikini at that seaside lunch, and that Giordano`s car spotted on a rocky point overlooking a deep lagoon. Aruban police now admit they are investigating Giordano for three separate criminal charges, including murder.

Tonight, we also confirm Giordano`s digital camera has been found and seized. Will that digicamera reveal key photos of the missing girl? As the FBI lands in Aruba, tonight, where is American tourist Robyn Gardner?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Gary Giordano trying to cover himself with a jacket.

UNIDENTIFIED MALE: We have reason to fear that there could have been something that happened to Robyn Gardner.

UNIDENTIFIED MALE: I`ve got serious reservations about Mr. Giordano`s stories.

UNIDENTIFIED MALE: Because it keeps changing.

UNIDENTIFIED MALE: He went to Rum Reef (ph). They ate something.

UNIDENTIFIED MALE: Was that he and Robyn Gardner were snorkeling.

UNIDENTIFIED FEMALE: But Robyn never made it back to shore.

UNIDENTIFIED MALE: When he reached shore, she was nowhere to be seen.

UNIDENTIFIED FEMALE: Two hours later, he called 911.

UNIDENTIFIED FEMALE: She just vanished.

GRACE: Claiming he propositioned the two of them.

UNIDENTIFIED FEMALE: If you both sleep with me, I`ll take care of you financially the rest of your life.

UNIDENTIFIED FEMALE: Quite physically aggressive.

UNIDENTIFIED FEMALE: An intelligent charmer his former lawyer describes as calculating.

UNIDENTIFIED MALE: He plans out his moves.

UNIDENTIFIED FEMALE: Peeping Tom.

UNIDENTIFIED FEMALE: Quite the charmer.

UNIDENTIFIED MALE: He will now be moved to the only prison on the island.

(END VIDEO CLIP)

GRACE: Good evening. I`m Nancy Grace. I want to thank you for being with us. Tonight, live to Michigan, a tiny 5-month-old baby, baby Kate, snatched just within arm`s reach of her own mother, missing without a trace. But in the last hours, we learn baby Kate`s clothes, the same clothes Mommy dresses her in the morning she`s taken, have been found, a tiny white top and pink diaper cover. Tonight, where is baby Kate?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Kate Phillips.

UNIDENTIFIED FEMALE: A devastating case.

911 OPERATOR: 911. Where is your emergency?

ARIEL COURTLAND, MOTHER: The father of my child took our daughter, and I don`t know where he`s at with her.

UNIDENTIFIED MALE: Katherine Phillips is still missing.

UNIDENTIFIED MALE: Are these the clothes that you last saw her in?

COURTLAND: Yes.

UNIDENTIFIED MALE: Sean Phillips, who is charged with kidnapping baby Kate.

UNIDENTIFIED MALE: Then (INAUDIBLE) as "it."

UNIDENTIFIED MALE: Phillips has said that Kate is alive, and police believe he knows where baby Kate is.

UNIDENTIFIED MALE: He states that he`s not telling me the whole truth.

UNIDENTIFIED MALE: He just isn`t talking.

UNIDENTIFIED FEMALE: The story gained national attention.

GRACE: Bombshell tonight. Live to Michigan.

UNIDENTIFIED FEMALE: FBI agents, police officers and volunteers all came up empty-handed.

UNIDENTIFIED MALE: A mystery Courtland says she cannot solve.

UNIDENTIFIED MALE: Where is Kate now?

COURTLAND: I have no idea.

(END VIDEO CLIP)

GRACE: Where is 5-month-old baby Kate? Everyone, take a look at this photo. Just as Mommy turns her back, the baby within arm`s reach, practically, the baby is gone. Tonight, we discover the baby`s tiny white top and little pink diaper cover have been found, but no baby.

Straight out to Matt Zarrell on the story. Matt, what`s the latest?

MATT ZARRELL, NANCY GRACE PRODUCER: Nancy, we are just learning that the clothes of baby Kate, the clothes she was seen wearing by her mother the day she was kidnapped, have been found. Police reveal just a few moments ago that when they approached the suspect, Sean Phillips, and they started frisking him, they found baby Kate`s clothes in his pocket. They were rolled up inside-out in his pants pocket.

We`re still trying to get more details about what condition the clothes were in, how they were found exactly, and if Phillips is going to say anything more because right now, Nancy, he`s not talking. He`s refusing to cooperate.

GRACE: Now, isn`t it true, Matt Zarrell, that that very day, the mom was demanding a DNA test because she wanted to garnish his wages? He`s about to go overseas with the military. And as they are planning all of this, baby Kate disappears.

ZARRELL: Yes, you are correct. Now, the mother, Ariel Courtland, thought that Phillips was taking her and the baby to a DNA facility to get a paternity test. Instead, what happens is Phillips takes them to a DHS, Department of Human Services, office, to give up baby Kate for adoption.

GRACE: Unleash the lawyers. Joining me tonight, veteran defense attorney Darryl Cohen, former prosecutor. Also with us, out of Atlanta, defense attorney Raymond Giudice.

So Ray, the father says he`s submitting to a DNA test. He`s about to head over to Afghanistan and finally get a steady paycheck, so mom`s got to garnish his wages. And instead, instead of taking them to the DNA test, he drives them, without telling the mother, to a big brick building to put the baby up for adoption. What does that say to you, Giudice?

RAYMOND GIUDICE, DEFENSE ATTORNEY: Well, the reason he`s not -- he is refusing to cooperate is because he`s smart enough not to incriminate himself. I mean, Matt had the point on right. We`ve got the clothing in his pocket. There`s motive, although we all know you don`t need motivation to charge for homicide or kidnapping. But this boy`s got a lot of problems, this young man, and he needs to listen to his lawyer.

GRACE: OK...

GIUDICE: He needs to be well represented.

GRACE: ... other than telling me he needs to listen to his lawyer, Darryl Cohen, weigh in.

DARRYL COHEN, DEFENSE ATTORNEY: Well, this is ridiculous. It tells me that he did something he shouldn`t have done and he wants to get out of Dodge as quickly as he possibly can. Get me over there, I`ll do what I need for my country, and I`ll see whatever happens over here. He wanted to get rid of it (ph).

GRACE: Well, this is -- this is the only highlight, I`ve got to tell you. The father is insisting the baby is alive. Police are holding out hope that he gave the baby away, rather than be stuck paying child support for the baby.

Straight out to Mike Tanis, the news director at WMOM. Weigh in, Mike Tanis. You were in court today.

MIKE TANIS, WMOM RADIO (via telephone): Yes. That`s right, Nancy. I was in court. And you know, Sean Phillips, he just -- he just seems like he`s guilty. The baby`s clothes were found on him, on his person. When the officer executed a search on him, a patdown, they found baby Kate`s clothes inside-out, rumpled up in his pants pocket.

GRACE: We are taking your calls live. Everyone, the tip line, 888- 786-7274. There is a reward for the recovery of baby Kate.

Straight out to the lines. Susie in Maine. Hi, Susie. What`s your question?

UNIDENTIFIED FEMALE: Hi, Nancy. Yes, I`m wondering, when is -- when are we going to start taking control away from these child murderers and start giving them sodium pentothal to make them speak the truth, doing some torture techniques that they did to get Osama? What are they going to start doing something to seriously start making these people talk?

GRACE: You know, Susie in Maine, here`s the reality. Our legislatures, our Congress, thinks it`s more important that the suspect have his rights protected than to recover this child. That`s what`s happening in Washington, D.C., and that`s what`s happening in your assembly or your legislature! And until that changes, this is what we`ve got to combat. In the criminal justice system, no forced lie detectors, no sodium pentothal, nothing doing under our Constitution! And the reality is, is if this child is still alive, we may not be able to find her before she dies. That`s the reality when it comes down to baby Kate.

The tip line, 888-786-7274. Everybody, we`re taking you live to Aruba. But first, take a look at baby Kate.

To Matt Zarrell. Go back through with me how baby Kate went missing.

ZARRELL: Yes, Nancy. So they come back to the house after they go to the DHS office. Ariel Courtland, the mom, refuses to give baby Kate up for adoption. They go back to the house, to the mom`s apartment complex. The mom, Ariel Courtland, decides that she`s going to take the baby herself to the DNA facility without Sean Phillips.

She goes upstairs to get the stroller for the baby because the DNA facility is only a couple blocks away. When she comes back down -- she`s only gone for a few moments. She comes back down, the baby, Sean Phillips and the car are gone.

GRACE: To C.W. Jensen, retired Portland police captain. Weigh in, C.W.

C.W. JENSEN, RETIRED PORTLAND POLICE CAPTAIN: Well, it seems very strange that if he did something to this child -- I mean, give the child to someone else, that he wouldn`t now, when he`s in all this trouble, give where the child is up. So I feel really, really bad that something terrible happened to this child.

GRACE: Tonight, the desperate search for baby Kate Phillips, just 5 months old. Her little white shirt and pink diaper cover just recovered. Tip line, 888-786-7274. The clothes, yes, but no baby Kate.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

GRACE: A 5-month-old baby.

UNIDENTIFIED MALE: Kate Phillips.

UNIDENTIFIED FEMALE: A devastating case.

GRACE: Kidnapped.

UNIDENTIFIED MALE: Still missing.

UNIDENTIFIED FEMALE: She could be anywhere.

COURTLAND: We got in the car, and I forgot something. I ran back upstairs to get my keys.

GRACE: Snatched right in front of Mommy.

COURTLAND: And I came back down, and they`re gone.

UNIDENTIFIED FEMALE: We have no idea where this baby is.

GRACE: In danger tonight. Where is baby Kate?

UNIDENTIFIED FEMALE: The suspect, Sean Michael Phillips.

UNIDENTIFIED MALE: He`s booked on kidnapping charges, but staying mum when it comes to Katherine.

UNIDENTIFIED MALE: He is not cooperating.

UNIDENTIFIED FEMALE: He does not want that baby found.

UNIDENTIFIED FEMALE: You name it, they`ve searched it.

(END VIDEO CLIP)

GRACE: Sean Phillips appears in court today in connection with the baby`s disappearance with a shaved head and wearing a bulletproof vest. He is refusing to cooperate with police, but he insists the baby is alive. He did not want to pay child support. In fact, that very morning, he and the baby`s mother were going to get a DNA test so his wages could be garnished when he goes to Afghanistan. When mom goes in to get keys, the baby is gone. Was it a well-planned-out kidnap?

We are taking your calls live. What else have we learned? And what does it mean to you, Leslie Seppinni, clinical psychologist? He comes to court with his head shaved, he shaves his head, and for his own protection, police put on a bulletproof vest. He may need one!

LESLIE SEPPINNI, CLINICAL PSYCHOLOGIST: He does need one. He does need one because after this Casey Anthony story, now coming (ph) him, America`s not going to stand for it. America`s not going to stand for another baby killer! And the fact of the matter is, is he knows where this baby`s body is and he knows the baby`s dead.

GRACE: My question is why? It would have been so simple for him to go to Afghanistan, leave everything behind and just get his wages garnished. It`s not that much. It`s a very small percentage of his wages.

We also learn, do we not -- out to you, Matt Zarrell -- that he threatened if the mother did not proceed with adoption plans, she would never see the baby again.

ZARRELL: Yes, Nancy. Ariel Courtland revealed in court that Phillips had pushed for the adoption many, many times. They had argued it, discussed it. In the end, Ariel Courtland did not want to give baby Kate up for adoption, but says that Phillips threatened her, saying, You will never see your other daughter, Haley (ph), again unless you go through with the adoption.

GRACE: To Mike Tanis, news director, WMOM, joining us in the disappearance of baby Kate. What more can you tell us, Mike?

TANIS: Well, there`s lots of information that, obviously, came out during this preliminary hearing for Sean Phillips. The prosecuting attorney introduced some key items of evidence, including baby Kate`s diaper bag, her carseat, and as we know, the most important piece of -- damning piece of evidence of all, the clothes that baby Kate was last seen wearing.

Also some of the testimony from some of the officers that first spoke with Sean at his parents` house was quite revealing, as was some of the testimony from Ariel Courtland herself. But even with all this new information, we still don`t know the whereabouts of baby Kate. And we`re waiting for a court date, for a trial date to be (INAUDIBLE)

GRACE: Well, one thing that I noticed, Mike Tanis -- and I`m going to -- I`m going to throw this to C.W. Jensen -- is he repeatedly refers to the baby girl, baby Kate, as "it." What about that?

JENSEN: It`s very disturbing. And Nancy, one of the things...

GRACE: I know that, C.W.! I need illumination. I know it`s disturbing. I think there`s a chance the baby`s alive. I want to find the baby. At worst, I want to find the baby`s body. Weigh in.

JENSEN: Well, obviously, if you`re calling a child "it," it means you`re disassociating with it. And it`s very -- it`s weird. And this guy, obviously -- like, many, many times when we see children, babies, killed or hurt, it`s by young, young people. And this guy is right in that same frame.

GRACE: Joining me right now out of Philadelphia, Dr. Bill Manion, medical examiner, forensic pathologist for the state of New Jersey, DNA consultant. Dr. Manion, thank you for being with us. I know that they were scheduled for a DNA test that morning. What about the possibility of using one of those drug store DNA tests? That way, the defendant -- the suspect would never have even had to be tipped off. What, that`s not reliable in a court of law?

DR. BILL MANION, MEDICAL EXAMINER, FORENSIC PATHOLOGIST: The drug store tests are not as accurate as the standard laboratory tests, so they aren`t accepted in the court of law. For the court of law, you need a chain of custody, for instance. You have to prove that the swab was taken by the person. A person has to summon (ph) that they took that swab, that the person was identified.

So there`s no chain of custody with a drug store test. So it`s not admissible.

GRACE: Take a look at this baby, just 5 months old. Baby Kate may be alive. Is there a chance to find her? We learn in the last hours, the clothes she was wearing at the time she went missing, the clothes her Mommy dressed her in that morning, a white little top and a pink diaper cover, recovered, but no baby Kate.

(BEGIN VIDEO CLIP)

COURTLAND: There was a lot of stuff (INAUDIBLE) taken that day. I don`t remember exactly what was (INAUDIBLE) .

UNIDENTIFIED MALE: (INAUDIBLE) with respect to Kate right now?

COURTLAND (on-camera): I want her back, and I want to know why he took her.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Gary Giordano, the prime suspect in the disappearance of Robyn Gardner.

UNIDENTIFIED MALE: I just don`t think that she was snorkeling. I feel in my heart that something happened at this person`s hand.

UNIDENTIFIED MALE: He came ashore and she apparently did not.

UNIDENTIFIED MALE: They launch a pretty extensive search, but no sign of Robyn Gardner.

UNIDENTIFIED FEMALE: As Aruban police search for the beautiful missing blonde, many wonder, just like in the Natalee Holloway case, will Robyn Gardner`s disappearance ever be solved?

UNIDENTIFIED FEMALE: I had the best time of my life.

(END VIDEO CLIP)

GRACE: Welcome back. We are taking your calls live, live in Aruba, and live at the home of the suspect tonight, Gary Giordano, now being held in an Aruban jail. No sign of American tourist Robyn Gardner.

Straight out to Martin Savidge, CNN correspondent, standing by at a rocky point where a restaurant owner says he saw Giordano`s car parked at the time Giordano says he was snorkeling with the missing girl, Robyn Gardner. Weigh in, Martin Savidge. What can you tell us?

MARTIN SAVIDGE, CNN CORRESPONDENT: Well, it`s exactly two weeks ago almost to the hour that Robyn Gardner would have been reported missing, if you believe the account by Gary Giordano, and certainly that`s the account he told authorities.

This is that spot. Take a look. That`s Baby Beach in the distance, but this is the area where he says the two of them were snorkeling. This is also the area that many Arubans and authorities find hard to believe. Look at it. It is not the beautiful beach that Aruba is known for. Instead, it`s a rather secluded, rocky, difficult to navigate piece of territory.

But if you want to be alone, then maybe this is the spot. You can see there is this isolated cove, and it`s here that Gary Giordano says he believes that Robyn Gardner was swept away by some sort of current, never to be seen again, two weeks ago, at this spot, Nancy.

GRACE: Hold on. Let`s take a look at where Martin Savidge is. Marty -- let me see Marty in full again. I mean, look at that! Look where he is. How do you get swept away by a rip current right there?

And let me ask you this, Martin Savidge. Giordano is saying they were snorkeling. Now, at first, we were looking at a different area around Baby Beach. Now, how did focus go to where you are now? Did Giordano change his story about where they were snorkeling?

SAVIDGE: Well, he has said that this was the spot, and this is the spot that many authorities find difficult to believe because on either side of where I`m standing, within 100 yards this way, 200 yards that way, there are beautiful beaches and well-protected bays. Why did he choose this spot? They still don`t have a real answer for that.

GRACE: Giordano with a history of, let me say, domestic turmoil, including physical protection orders filed by many women, now being investigated for three criminal charges, including murder.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Main suspect, Gary Giordano, must stay in custody. There he is trying to hide under a jacket.

UNIDENTIFIED MALE: Total 16 days that Gary Giordano will now be spending detained by Aruban authorities.

UNIDENTIFIED MALE: He has been prolonged for 16 days.

UNIDENTIFIED FEMALE: So they have got two weeks to put together some evidence.

UNIDENTIFIED MALE: He will now be moved to the only prison on the island.

UNIDENTIFIED FEMALE: Intelligent charmer, his former lawyer describes as calculating.

UNIDENTIFIED MALE: We have got domestic violence allegations.

UNIDENTIFIED FEMALE: She did tell me he had a criminal record for violence towards women.

UNIDENTIFIED FEMALE: Yanked my arm really hard.

UNIDENTIFIED FEMALE: Wouldn`t turn into another Natalee Holloway thing.

UNIDENTIFIED MALE: From choking and hitting during sex to spying and texting.

UNIDENTIFIED FEMALE: A fortress.

UNIDENTIFIED MALE: Giordano`s fortress like Gaithersburg home with cameras.

UNIDENTIFIED FEMALE: Giordano secretly videotaped them while they were having sex.

UNIDENTIFIED MALE: This man isn`t right.

(END VIDEO CLIP)

NANCY GRACE, HLN HOST: That is Giordano. Let`s see it in full, please, Dana, there with a blanket or a towel or something over his head as well as a bag, not wanting to be identified. But Giordano, we know who you are.

And we also know your history, now uncovering seven women that we know of that claim they were stalked, harassed, videotaped secretly, or felt threatened by Gary Giordano.

He tells this woman, American tourist Robyn Gardner that they are going to go for a free Aruban vacation, no strings attached. That afternoon, she in a string bikini and he in street clothes, show up for a seaside lunch. Two hours later, he asked to borrow a couple`s cell phone, they`re on the beach at baby beach, says she is gone, having drifted out to sea.

We are live in Aruba, and in Gaithersburg, Maryland, as Giordano`s $1.3 million home. Back to Martin Savidge standing by at Aruba.

Martin, clarify something for me. On what beach did he approach this couple to use their cell phone?

MARTIN SAVIDGE, CNN CORRESPONDENT: Bear with me because I got to move, Nancy, to show you.

He would have been over on baby beach, that`s probably 100 yards away. So it is some distance. He would have had to walk over very difficult terrain to get to the area where this couple would have been out on baby beach. That`s the closest where the general public tends to hang out. Not here.

GRACE: So his car and everything is parked there where you are, presumably with his cell phone, so why did he have to go all the way over 200 yards to Baby Beach to borrow somebody else`s phone?

SAVIDGE: Well, exactly the point those others have brought up. Why did he make it a point to approach a couple who could verify, of course, that he spoke to them and said I need a phone? When you would think, perhaps, since we know that authorities confiscated cell phones, they would be in the vehicle that was by the beach where they were snorkeling.

GRACE: And also, Martin Savidge, in order to walk from the rocky point where his car was spotted, where you are right now, not snorkel friendly, to get to that couple where you use their cell phone, did they have to pass for instance a dive shop or a restaurant?

SAVIDGE: The restaurant and the dive shop are located side by side. They`re actually about 150 yards away from us. They do not face this rocky point. They actually would have to leave the restaurant, walk past the dive shop, go around the building, and then behind this in this secluded area, behind that building, this is where they came to snorkel according to Gary`s story.

GRACE: What I don`t understand is why you didn`t just stop in the restaurant or the dive shop if you got to that first? Why did he make a point of going down on that beach to ask for help?

SAVIDGE: We don`t know. Authorities haven`t given us the answer and I`m sure that`s a question they have asked him many times.

GRACE: You know, right now we`re taking a look at a driving along with a vehicle that Martin Savidge took for us there in Aruba. What are we seeing, Martin?

SAVIDGE: Well, if you listen, what that is you start off at the reef bar, which is the area where they were having lunch, last seen, and then we begin to drive. I don`t know if you can hear the narration, we narrated that as it comes along to tell you as we drive.

GRACE: OK. For some reason we didn`t get your audio feed, but we`re seeing quite an extensive drive.

Everybody, we are taking your calls. To Monica in Kansas. Hi, Monica, what`s your question?

MONICA, CALLER, KANSAS: Hi, Nancy, thank you for taking my call.

GRACE: Thank you for calling.

MONICA: I just want to say you`re a real inspiration and there should be more people like you out there fighting for our rights and stuff.

GRACE: Thank you. What`s your question, dear?

MONICA: Yes, I was wondering that if the Gary Giordano, who they have in jail, could his past behavior in regards to the women who have come forward come into play in court if and when he is charged with Robyn`s disappearance? Because I believe that past behavior can predict future behavior.

GRACE: Well, you know, Monica, when you don`t know a horse, look at his track record. You`re absolutely correct.

Unleash the lawyers. Raymond Giudice, Darryl Cohen and joining us, international criminal defense attorney Michael Griffith, who is very familiar with the law in Aruba.

Michael, it is my understanding that in court, some of his alleged violence toward women was shown to the judge.

MICHAEL GRIFFITH, INTERNATIONAL CRIMINAL DEFENSE ATTORYNEY: What`s the question, Nancy?

GRACE: Is that correct? Would that be allowed in an Aruban courtroom?

GRIFFITH: Nancy, the only way that would be permitted would be for reputation standpoint. If he put his reputation into play, he had a good reputation then prior acts of misconduct can be brought in.

And, Nancy, I think the reason why he went to the couple to ask for the cell phone, was to place himself in the area of baby beach if he was responsible for the death of this woman, regarding, you know, him being there and her floating away.

GRACE: Joining us right now, Alexis Weed.

Alexis, we have uncovered at least seven women claiming they were harassed, stalked, threatened, videotaped secretly, a mixture of those. Certainly that is some sort of indicator. In fact, one woman who was dating him said he would spy on her and let her know he was watching her by texting her details of the outfit she was wearing, saying, going shopping or going to work.

Also, he would insist she give him photo verification, she said she was going to the grocery store. She would have to take a picture of herself there and then send it to him.

ALEXIS WEED, PRODUCER, NANCY GRACE SHOW: Right, Nancy. We also know there are protective orders associated with some of these allegations against Giordano. We know he had a protective order requested by one of his wives in 2001 as well as another protective order that was sought in 2010, just last year.

GRACE: Joining me right now is a special guest who wants to go only by the name Nicole, a close friend of Gary Giordano, says she`s been on three cruises with Giordano, and he never once tried to force her into sex or anything untoward.

Nicole, thank you for being with us.

NICOLE, CLOSE FRIEND OF GIORDANO: Hi, Nancy. Thank you for having me on the show.

GRACE: Nicole, how did you get hooked up with Giordano?

NICOLE: I actually met him on a cruise. He was with his children and I was with my family and we met on that cruise.

GRACE: And how is it that you happen to go on three additional cruises with Giordano?

NICOLE: After that cruise we became friends. We stayed in contact for a year. I had made plans with family members to go on a cruise and I invited him to join us and he did. And we went on that cruise and then he asked me to go on another cruise a couple of months later. And I accepted. And I went with him.

GRACE: So on two of the three cruises, you two are with your families?

NICOLE: Yes, the last one we were alone. But we were alone the last two cruises, we had our own cabin.

GRACE: Everyone, we`re taking your calls live tonight, Aruban police say Giordano is under investigation for three separate criminal charges including murder.

Where is American tourist Robyn Gardner?

(COMMERCEIAL BREAK)

SAVIDGE: We want to give you a time reference and show you the terrain here of the critical last hours. We`re approaching here the rum reef bar and grill. This is the last known place in public that Gary Giordano and Robyn Gardner were seen, where they had a meal, maybe something to drink.

Now, we`ll take you from here and show you the relationship to the rocky point which is where Gary Giordano says they went snorkeling. You go past the front of the building, and now we have to go around it. And I warn you, it is going to get a bit bumpy here. So just bear with us.

That`s Baby Beach straight ahead. You can see the pretty blue waters. But that is not the area where he says they went snorkeling. Instead, we`re going to continue around the back of the building. This used to be the old Nanki country club that was related to the refinery.

So you can see as you start to get back here, it certainly is more secluded and this is not the pristine kind of beautiful beach area that most of the tourists are accustomed to finding. You also wonder how Gary Giordano would know exactly this was here.

The road begins to end. And now you`re going from asphalt to what is essentially a dirt path. You`re also starting to see that it is looking like a more natural landscape. We have to turn here, so hang on. Go around the corner. And you can see now very much it becomes just a track. And it is going to get a lot rougher because this is coral. It only has been about a minute so far. We got a four wheel drive vehicle, an SUV. It is a little better at handling this. If you had a small car as they traditionally rent, you would be having a little bit of a rough go here. But it is going to smooth out.

And now you begin to see, all right, maybe there is sort of a beach here. It certainly is secluded. But it is not the beautiful, pristine and as I point out, it is not the popular tourist spot that many people come to. But this is exactly the place where Gary Giordano says he and Robyn went snorkeling, the very same place where she got into trouble, he got out of the water, and she never did. Literally, two minutes away from where they last had their meal.

GRACE: Martin Savidge there in Aruba, showing us that trail from where they were to where his car allegedly ended up. You want to tell me that`s where a girl who won`t even put her head underwater in the pool went snorkeling. Let`s think about it, everybody.

There at this restaurant, at 4:00, having a seaside lunch. At 6:30, he approaches the couple on the beach and says she`s gone. That she has drifted out to sea.

Joining us right now, Rupa Mikkilineni at Giordano`s $1.3 million, "stone fortress" in Maryland. We know the FBI did a search of his home, Rupa. Any idea what they took?

RUPA MIKKILINENI, PRODUCER, NANCY GRACE SHOW: Nancy they came out with big ground boxes of evidence, but we don`t know what`s inside those boxes. We also understand that they took cell phones and computers and as we speak, this information is being processed. And the Aruban prosecutors are hoping that they will have some of this evidence in hand soon, hence the 16 days, they`re so pleased he`s being held for 16 more days now.

Also, big news as we go to air tonight, Nancy, we`re hearing, and this is the first time Aruban prosecutors have come out clearly and said this, but they have said to me that we are certain that Giordano has done something wrong that has led to Robyn Gardner`s death.

So this is big. This is huge. Because already we know that he`s being investigated and questioned and detained. Also there is information that while they are not going to charge Giordano at this moment, because they don`t need to, they can hold him for another 60 days after the 16 days are done. But they do confirm that they believe the last item of clothing that Gardner was wearing was her pink bikini. They don`t know what color it is, what style, but she was wearing a bikini when she was last seen at 4:00 p.m. eating lunch at that restaurant.

GRACE: Joining me right now is Robyn Gardner`s boyfriend, stateside. It is Richard Forrester.

Richard, thank you for being with us. Everything is developing so quickly there. We now know that Gardner will be behind bars for a few more days.

RICHARD FORRESTER, ROBYN GARDNER`S BOYFRIEDN: Giordano.

GRACE: Thank you. Giordano will be held a few more days. But with Aruban police and the FBI scrambling to find evidence to keep him behind bars, he is sent to walk now in about two weeks. What have you learned? I understand that the family as well as you has been asked to lay low, not speak publicly. Why are you speaking out?

FORRESTER: Well, the point for me speaking out is not to really discuss anything. I don`t know anything. Obviously, they`re not going to tell me anything because I`m been speaking to the media.

My point is to just keep this alive and keep it out there and keep running this tip line that we have and bring her home. Find her and let`s get her home. That`s the whole point here. What I learn is what I hear in the news.

GRACE: Let me ask you this, Richard. I know you`ve been in touch with her family. Where are they? Have they been to Aruba? Are they back in the states? Why did they come back?

FORRESTER: You know I don`t know much where they are now. I haven`t asked. I do speak with them, but haven`t asked their location. I know that her mother and Robyn`s cousin were there when this first was reported. Then they came back. And I don`t know, maybe they have gone back there. I don`t know though. I have no idea. I haven`t asked.

GRACE: You know it is interesting that they are not coming forward. Of course, apparently, Aruban police asked everyone to remain quiet in connection to the case.

Joining us is Paul Laska, expert searcher at Paul Laska Forensic consulting.

Paul, even though the restaurateur saw Giordano`s car parked at that rocky point, obviously Aruban police don`t buy the story that Giordano`s trying to sell. They have been looking down phosphate mines and down wells for Gardner`s body.

PAUL LASKA, EXPERT SEARCHER, PAUL LASKA FORENSIC CONSULTING INC.: And I would expect that they`re probably turning over every stone they can and looking at every especially secluded location that somebody could do something like this without being seen.

GRACE: We also learn to Martin Savidge, CNN correspondent, there at Aruba`s rocky point.

Martin, we also learned that his, Giordano`s digital camera has been found and seized. What will it show?

SAVIDGE: Right. Exactly that. Well, that`s what they want to find out. They obviously have gone through it already. A digital camera can do many things as we all know having them. You can take video with them, you can take still photograph with them. You can enhance them greatly. And what you would be looking for of course is to see just what type of photos were on there, what type of conduct you see in the photos and specifically what is in the background of those photos?

It begins to place you in some of these cameras also has the ability to give you time and very specific information. All of that very valuable. The authorities are not telling us what they found, only that they have a camera, and it does have photographs, Nancy.

GRACE: Well, hold on, Martin Savidge. We know that according to reports he`s a freak. We know that one woman has complained he started beating her and choking her during sex. And videotaped the whole thing. So who knows what is going to turn up on that digital camera.

And notice Martin Savidge that immediately after we learned that police have seized his digital camera, they announce he`s being investigated for murder. You see a connection at all, Martin Savidge?

SAVIDGE: No question that the camera there could have invaluable information. I can`t tell you what it is, but authorities have that camera as they do other digital devices that could have a wealth of information. And they continue to glean whatever they can from them. They could be keys.

GRACE: We are live in Aruba and Maryland in the search for American tourist Robyn Gardner. She goes to the same spot where Natalee Holloway disappears just as friends with a man, another tourist, American Gary Giordano. She`s never seen again.

(COMMERCEIAL BREAK)

(BEGIN VIDEO CLIP)

ANDREW COLSON, ROBYN GARDNER`S BROTHER: Robyn is a loving, caring, kind person. She told me to live every day like it`s your last. I try to do the same and I know she does the same as well. My gut feeling is she`s out there somewhere to be found.

UNIDENTIFIED MALE: You think it`s a real possibility she could come back?

COLSON: You never know.

UNIDENTIFIED MALE: You think he`s a dangerous guy?

COLSON: Yes.

(END VIDEO CLIP)

GRACE: OK. I don`t get it. Nicole, are you still with me? The close friend of Gary Giordano?

NICOLE: Yes, I am.

GRACE: OK. You do not want to be identified. You don`t want to give your location. You don`t want to give your last name. I noticed that her brother, Robyn Gardner`s brother is behind in front of the camera. You can`t see his face. Why is everybody so afraid to comment on Giordano`s case?

NICOLE: I`m doing it for my own privacy.

GRACE: Your own privacy. OK. To Rupa Mikkilineni, what about the neighbors? Don`t they not want to be identified too?

MIKKILINENI: That`s not the problem here, Nancy. The problem is his house is situated far up this driveway as you can see right behind me. And neighbors say he kept to himself. He wasn`t heavily involved in the neighborhood community. This is a highly social neighborhood community in fact. He kept to himself.

GRACE: Well, you know what Rupa? You might want to go knock on a couple of doors next door to that $1.3 million mansion. Because our producers have already tried to speak to neighbors. They say that they do not want to get involved and that they do not want to comment on anything to do with Giordano. But that aside, Robyn Gardner is missing.

Tip line 407-237-2295.

Let`s stop and remember Army Corporal Timothy Lauer. 25. Savertowm, Pennsylvania, killed Iraq. Awarded bronze star, purple hard, national defense service medal. Loved fishing, bowling, football, baseball, playing guitar in his family`s band Black water band. Favorite game? Texas hold- up. Leaves behind parents, Deborah and Vincent III, brothers, Jonathan and Christopher, wife, Valerie, daughters Charity, Stephanie Carrie Jane and son Jordan. Timothy Lauer, American hero.

Thanks to our guests but especially to you for being with us. I`ll see you tomorrow night. 8:00 sharp eastern. And until then, good night, friend.

END