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ISSUES WITH JANE VELEZ-MITCHELL

Judge in Sandusky Case Tied to Second Mile

Aired November 14, 2011 - 19:00   ET

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


(BEGIN VIDEOTAPE)

JANE VELEZ-MITCHELL, HOST (voice-over): Tonight a new outrage erupts in the Penn State pedophile scandal. The judge who let accused predator Jerry Sandusky walk free on bail is connected to the charity that Sandusky allegedly used to prey on young boys. Why didn`t this judge recuse herself? And why is Sandusky getting special treatment? As the infuriated mother of an alleged victim speaks out, we wonder tonight who is watching Jerry Sandusky.

And an ISSUES exclusive. Mike Lohan`s former fiance, Kate Major, talks about what happened the night she claims Michael hit her. While his famous daughter, Lindsay, waltzes in and out of jail, Michael is now charged with domestic violence and could end up behind bars for up to four years. We`re talking Lohan family drama and taking your calls.

ISSUES starts now.

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(BEGIN VIDEO CLIP)

MIKE GALANOS, HLN ANCHOR: We have breaking news again. The fallout from the child sex abuse scandal that has rocked Penn State University. This time it is involving the Second Mile Foundation, the president and CEO, Jack Raykovitz, has now resigned from that organization.

UNIDENTIFIED FEMALE: Former defense coordinator Jerry Sandusky was indicted on some 40 counts of sexually abusing young boys, charges that span more than 15 years.

UNIDENTIFIED FEMALE: I don`t think it is beyond the realm of possibility that there are other victims that exist here.

UNIDENTIFIED MALE: Joe Paterno is no longer the head football coach, effective immediately.

UNIDENTIFIED FEMALE: The judge who freed Sandusky on $100 thousand bail against the wishes of prosecutors has herself been a Second Mile volunteer.

JEFFREY TOOBIN, CNN LEGAL ANALYST: The judge certainly should have raised the issue, disclosed her connection to Second Mil, so that the parties in the case could decide whether they wanted to ask her to recuse herself.

MARY SNOW, CNN CORRESPONDENT: This is the playground for Lamont Elementary School. Right over here is Jerry Sandusky`s house, and from his back porch, he has a clear view of it.

UNIDENTIFIED FEMALE: It baffles my mind.

UNIDENTIFIED MALE: I think there`s a level of protection that a neighborhood and a community is entitled to.

(END VIDEO CLIP)

VELEZ-MITCHELL: Tonight, an accused sexual predator roaming free. Good evening. I`m Jane Velez-Mitchell coming to you live from New York City.

Outrage escalating tonight as Jerry Sandusky, accused of 40 -- 40 -- counts of sex crimes against young boys, is still not behind bars. And as far as we know, nobody knows where this guy is. How can that be? Isn`t he a flight risk? I mean, really, what does he have to lose?

Sandusky was released on bail without even an ankle bracelet. One of the alleged victims` moms spoke out on "Good Morning America." Check this out.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I want justice. I want him -- I wanted him to be locked up. There`s no -- there`s no help for somebody that does this. You know, not like this. There`s -- he needs to be put away. He needs to be put away for a long time.

(END VIDEO CLIP)

VELEZ-MITCHELL: Sandusky`s neighbors, who are the parents of small children, are horrified that he is out and about.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: It baffles my mind.

UNIDENTIFIED MALE: I think there`s a level of protection that a neighborhood and a community is entitled to.

(END VIDEO CLIP)

VELEZ-MITCHELL: Why is this accused child predator free on bail? Well, here`s why. Meet Judge Leslie Dutchcot, who presided over the bail hearing. The prosecution asked for half a million dollars bail and an ankle bracelet so they could track this guy, an accused rapist`s movements.

Instead, this judge said, "No, Sam does not need an ankle bracelet" and bail set at $100,000 and no money down. Not a nickel. He only has to pay if he misses his next court day, December 7.

So why would the judge do a crazy thing like that? Well, it turns out the judge volunteered with the Second Mile Foundation. Yes, the very same charity the defendant, Jerry Sandusky, created, the very same foundation Sandusky allegedly used to meet, stalk and rape young boys.

So this man was accused of preying on young boys repeatedly for at least 15 years. Was allowed to saunter out of the courthouse without anybody knowing where the heck he is going. It`s an outrage. And tonight I am calling for a full investigation into this so-called judge. And I think Jerry Sandusky should immediately be hauled back into court in front of another judge who is not connected to him.

What do you think? Give me a call: 1-877-JVM-SAYS, 877-586-7297.

Straight out to Judge Larry Seidlin, famous for presiding over the Anna Nicole Smith death case. Judge Seidlin, should this judge have recused herself?

JUDGE LARRY SEIDLIN, PRESIDED OVER ANNA NICOLE SMITH DEATH CASE: The judge, at a minimum, should have declared her relationship with Sandusky, with the organization, that she volunteered through the organization and that she donated money to the organization. And then she had to tell that the parties, to the prosecutor and to the defense attorney. The judge should have recused herself, because there`s an appearance of impropriety. There`s an appearance of a conflict of interest.

And if I were sitting there as the judge -- and I sat for 28 years working with children -- this guy should be in the can right now, Sandusky. He should not have been bonded out. The prosecutor was asking for a half a million dollar bond. This guy should be in jail with a suicide watch.

VELEZ-MITCHELL: I agree with you 100 percent. I have a friend who spent two nights in jail because she drove around without a license. But this guy, accused of 40 counts of child sexual assault, is free?

The mother of one of the victims spoke out on "GMA." Listen to her.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: We had a discussion where, you know, I had said, you know, if, you know, maybe we should have, you know, come to this conclusion earlier. You should have told me. And he was like, well, you know -- he said, "I didn`t know what to do. I just didn`t know what to do. And you just can`t tell Jerry no."

(END VIDEO CLIP)

VELEZ-MITCHELL: Jeffrey Toobin, CNN senior legal analyst, thank you so much for being here with me. What can we do about this situation? Can we get this guy back in front of another judge who`s impartial and get the bail revoked? Can we investigate this judge? What do we do?

TOOBIN: Bail is subject to change at any time. What makes the situation unusual is that usually what causes bail to be changed is the defendant doing something, like he commits another crime or he tries to flee.

Here, as far as we know at least, Sandusky hasn`t done anything. What`s been disclosed is this -- this quite clear, at least, question of a conflict of interest on the part of the judge.

I think the D.A.`s office, the attorney general`s office would be well within their rights it ask for a new bail hearing in front after different judge and have this issue revisited. Remember, you know, I don`t think a lot of people know what bail means in most -- you know, a hundred thousand dollar bail, all it means is you sign a piece of paper that says, "I promise to pay a hundred thousand dollars if I don`t show up."

It`s not even secured bail. Secured bail is where you put up the deed to your house and they say, "I`ll take a hundred thousand dollars of the equity in your house if you flee."

This is almost unenforceable. I mean, it is the lowest kind of bail you can get, except personal recognizance.

VELEZ-MITCHELL: And meanwhile, it seems like back at Penn State, they`re telling everybody to shut up. We just obtained this memo sent out to the faculty at Penn State, quote, "Until the judicial process is completed, it is inappropriate to comment on the case. All people are entitled to a free trial without prejudgment."

I think, honestly, Mark Serrano, you are a sex abuse survivor. This is a fancy way of saying to the faculty, "Shut up, don`t talk. We want this to go away."

Now wasn`t the whole problem that people didn`t talk? Wasn`t the whole problem with this entire case that people who were supposed to talk did not talk? So why is the university telling everybody to be quiet now?

MARK SERRANO, SURVIVORS` ADVOCATE: Well, because they`re going along, Jane, with their legal liability protection strategy. Look, I`ve been in touch with senior university officials, and I made recommendations to them about the proper steps to take: to reach out to victims, to clear the air, to disclose all they knew about Jerry Sandusky and how early they knew it. And this is very, very troubling to me, because it discourages victims from coming forward.

Judge Dutchcot has given Jerry Sandusky a free hall pass. That`s how Jerry Sandusky got away with finding his victims, for all these years. He add a free hall pass on the college campus, at the high school. And there were only three words in this grand jury report that Judge Dutchcot needed to read: rhythmic slapping sounds, which was what McQueary heard in the shower when the anal rape was taking place, to know that Sandusky should be behind bars right now.

But this is very upsetting, because victims who need to come forward so we can find the real truth, so we can find who`s been harmed, will be discouraged from coming forward. And that`s the exact opposite of what this university should be doing right now, Jane.

VELEZ-MITCHELL: Yes, and who`s to say that this alleged predator doesn`t see this as his final chance to go out there and prey. Let me -- let me introduce you to Mr. Jerry Sandusky. Yes, he is free tonight. And his house is right next to a children`s playground. Look what CNN`s Mary Snow found.

(BEGIN VIDEO CLIP)

SNOW: This is the playground for Lamont Elementary School. Right over here is Jerry Sandusky`s house. And from his back porch, he has a clear view of it.

(END VIDEO CLIP)

VELEZ-MITCHELL: OK, right next to an elementary school playground. All right, even though there are reports of inappropriate contact almost 15 years ago.

And I want to go to Buzz. We are so delighted to have you. You are the author of some fabulous work, "Shooting Stars" and "Friday Night Lights." You are also a Pulitzer Prize winning journalist.

A lot of these pedophiles, hypothetically speaking -- we`re not going to convict anybody here tonight -- but they have absolutely no remorse. They don`t see what they`ve done is wrong. That`s why there`s this group called North American Man-Boy Love Association, where they feel that they`re just misunderstand. So why the heck, if somebody is of that mindset, should we allow them to roam free to perhaps have their last hurrah?

BUZZ BISSINGER, AUTHOR, "SHOOTING STARS" AND "FRIDAY NIGHT LIGHTS": Well, I think clearly the judge had a conflict of interest. As one of your guests said, it should at the very least have been disclosed.

The problem is, is that everything in that county is Penn State. It`s almost an incestuous relationship with the university. I think it`s pretty clear to me the judge really didn`t take the grand -- the allegations in the indictment that seriously. I wondered right way, a hundred thousand bail, as Jeffrey Toobin says. He didn`t have to put anything up, which is very, very unusual. And it`s outrageous, because I would think he`s a flight risk. Because if I was him, I`d be running for the hills.

And it is just Penn State rules everything, and now apparently, they`re telling faculty to shut up. They have handled all of this wrong. And they continue to handle it -- all of it wrong. And if they keep it up and they try to squelch public opinion and debate, it`s going to backfire even worse.

VELEZ-MITCHELL: On the other side of this break, was there a conspiracy? Was there a cover-up? We`re going to lay out exhibit A, B and C, and we are taking your calls on this: 1-877-JVM-, 1-877-586-7297.

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UNIDENTIFIED MALE: During the time that I spent there, there were a few other kids as well, that hey, I`ve never seen that guy before and now he`s sitting on the couch having cookies with me.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

VELEZ-MITCHELL: Those were riots, protesters, reportedly students at Penn State who were upset that their icon, their hero, Joe Paterno, was no longer part of their institution. Where was their concern for the victims, who were allegedly raped in horrific -- in horrific ways that we can`t even describe on television by Jerry Sandusky, allegedly?

NBC found an old profile that they did of Jerry Sandusky. Listen. Listen to him speaking. It`s chilling.

(BEGIN VIDEO CLIP)

JERRY SANDUSKY, ACCUSED OF CHILD ABUSE: I enjoy being around children, and I enjoy their enthusiasm. I just have a good time with them. Everybody needs people to care for them. Sometimes they don`t want to. Sometimes they don`t understand what you`re trying to do but they want to be disciplined. Kids are growing up awfully fast today.

One of the biggest things would be the trust that would be developed. What we`re trying to be is what we think to be as a true friend.

(END VIDEO CLIP)

VELEZ-MITCHELL: Oh, boy, is that creepy in light of what we know now, hearing that there was slapping going on. The sound of slapping while he was allegedly raping one of these kids. And also, you see him there, splashing around the water. A lot of these allegations in the grand jury report, Jeffrey Toobin, involved water. Showers, and horseplay in the water that ends up being a sexual assault.

TOOBIN: There is so much awful stuff in there. But the thing that is not disclosed, really, in there, and the question very much unanswered by that 23-page report is what did Joe Paterno and Penn State know and when did they know it? Because in that report it says, the only time Joe Paterno was told of Sandusky`s sexual assaults on children was in 2002 when Mike McQueary, the graduate assistant, now assistant coach, comes up to him and tells him about the terrible scene in the shower.

Is that incredible, that only once in all those years, that`s all he heard? Why did Jerry Sandusky leave suddenly in 1999 after the 1998 investigation? Did no one know what was going on? And if so, why did they let him have access to the university for all these years where he could go into the locker room, bring kids around? I mean, Penn State`s behavior is so much open to question, and that`s something these many investigations have got to cover.

VELEZ-MITCHELL: Now, we are just getting word that NBC has gotten an interview with Jerry Sandusky. According to tweets sent out by "NBC`s Rock Center" Twitter account, Jerry Sandusky himself, telling Costas, "I`m innocent of these charges. I have horsed around, showered, touched, but no sexual intent."

Mike Galanos, that runs right in the face of this grand jury report, in which a janitor allegedly claims that he saw Jerry Sandusky performing oral sex on a boy and was extremely upset about it; in which there are allegations of anal sex. I don`t say that to be shocking. But that`s not horsing around. That`s not horse play. That`s rape.

GALANOS: Jane, and the details, let`s go back to that 2000 case you are talking about. The janitor sees Sandusky performing oral sex on a boy, an innocent boy in the shower. And this is a Korean War vet. And it`s so detailed in this grand jury presentment that he is rattled by this, and he tells his other -- his coworkers, and not one of them stood up.

But Jane, you know what strikes me? The dichotomy here. The mom that you played the sound from, from "Good Morning America," she`s in disguise. She`s in hiding. Jerry Sandusky is out free as a bird. I here in State College went to a sporting goods store. Jerry Sandusky a couple of days ago was in there with a Penn State shirt on. Everyone is just appalled that that`s going on.

VELEZ-MITCHELL: Jean Casarez, how many people -- was this an open secret on campus? I`m trying to add up Mike McQueary, Joe Paterno, Mike McQueary`s dad, Joe` supervisors, including the athletic director, somebody from Second Mile. And then if you add `98, I mean, how many people knew about this?

JEAN CASAREZ, TRUTV`S "IN SESSION": Well, to add to your comments just a minute ago, about 2002, who knew what in 2002? And was Joe Paterno the first time he ever heard anything?

We know in 1998 the mother of a young man went to authorities. We know there was a multi-tiered investigation in 1998. We know the district attorney, Ray Gricar, decided to not file charges. And then one year later, Jerry Sandusky gone.

VELEZ-MITCHELL: More on the other side. Stay right there.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: New questions this morning about the judge who granted bail to the accused child abuser.

UNIDENTIFIED FEMALE: While he was charged with 40 counts of sexually abusing children, Jerry Sandusky was released on $100,000 bail.

UNIDENTIFIED MALE: Prosecutors requested bail be set at a half million dollars and that Sandusky wear a leg monitor, but Judge Leslie Dutchcot ordered Sandusky free on $100,000 unsecured bail, meaning he could walk free without having to pay a dime.

UNIDENTIFIED MALE: The only way Sandusky has to pay any money is if he doesn`t show up for his next hearing.

UNIDENTIFIED FEMALE: I want you to know that I would wait for as long as it takes to hear from you. I miss you so much and I love you, and please call.

(END VIDEO CLIP)

VELEZ-MITCHELL: That was a relative of a missing former D.A., raising the question, was there a giant conspiracy to keep the alleged child rape spree quiet? This is really unbelievable. In 2005, the then -- the former district attorney, Ray Gricar, disappeared without a trace. And he was the D.A. who in 1998 decided not to press charges against Jerry Sandusky when Sandusky admitted to showering naked with a young boy.

Jean Casarez, you wrote a fascinating piece about this on HLNTV.com. Tell us about this and the alleged attempt to erase a hard drive?

CASAREZ: Well, Jane, we profiled District Attorney Ray Gricar on "Nancy Grace`s Americans Missing," so I was so familiar with this story when I realized that this district attorney that just vanished in thin air in 2005 was the same D.A. that did not press charges against Sandusky in 1998. I had to delve more.

And it was April of 2005. District Attorney Ray Gricar decided to go for a drive to go to an antique store. His car was found the next day in Lewisburg, Pennsylvania, and down in the river, this -- the river in Pennsylvania, his district attorney state-issued laptop computer was found months later. Someone had intentionally taken out the hard drive. The hard drive was found several months later on the banks of the river, the Susquehanna River, once the water receded. It was so corroded the FBI could not determine the contents of the hard drive.

But later on, they did a search of the home computer of the D.A., and he had researched months before of how to destroy the contents of a hard drive.

VELEZ-MITCHELL: Wow. Wow. Arnie Spanier, host, CBS radio 105.3, people are wondering, is there some kind of conspiracy to keep this all quiet? Given -- I can`t read how many people knew about it, because we run out of time. We have to go to commercial break every time. I mean, this is crazy. And now you heard that the D.A. who could have charged him in 1998 disappears, and there`s attempts to erase his hard drive. What the heck is going on here?

ARNIE SPANIER, CBS RADIO: Are you kidding me? I mean, the D.A. is missing. You know he`s dead. I mean, we don`t have to be geniuses to figure that out.

The whole thing continues to stink. He`s out on bill. He`s looking for his next victim. What are we doing, America? We`re just going to sit around and let this guy rape another little boy, because we`re just sitting around watching him out there? It`s -- it is a conspiracy theory. Somebody better investigate this.

VELEZ-MITCHELL: Yes. And I wonder, is it going to be a white wash? Because now, Jeffrey, they have -- and we only have ten seconds. They have this big investigation.

TOOBIN: Well, there`s also the federal Department of Education. The attorney general`s investigating. Penn State is going to launch an independent investigation. At this point there`s not going to be a conspiracy. They are -- there are going to be independent investigations now. The problem is so many years have passed, and so many children have been abused.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: There are questions this morning about the judge who granted bail to the accused child abuser.

UNIDENTIFIED FEMALE: When he was charged with 40 counts of sexually abusing children, Jerry Sandusky was released on $100,000.

UNIDENTIFIED MALE: Prosecutors requested bail be set at a half million dollars and that Sandusky wear a leg monitor but Judge Leslie Dutchcot ordered Sandusky freed on $100,000 unsecured bail meaning he can walk free without having to pay a dime.

UNIDENTIFIED MALE: The only way Jerry Sandusky doesn`t have to pay any money is if he doesn`t show up for his next hearing.

UNIDENTIFIED FEMALE: This is a play ground for Lemont Elementary School. Right over here is Jerry Sandusky`s house.

UNIDENTIFIED FEMALE: It baffles my mind.

UNIDENTIFIED FEMALE: It clearly says that she is a volunteer for Second Mile.

UNIDENTIFIED MALE: (INAUDIBLE) alternates between anger and sadness.

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: The judge certainly should have raised the issue, disclosed her connection to Second Mile.

UNIDENTIFIED MALE: I think there is a legal of protection on a neighborhood and community that is entitled to.

(END VIDEO CLIP)

JANE VELEZ-MITCHELL: Outrage tonight as former Penn State assistant coach Jerry Sandusky walks free. Where is he right now as we speak? He is accused in 40 -- count them -- 40 counts of sex crimes against young boys. In a move that shocked legal experts and certainly people in the community, this judge decides it release this guy on bail and not even taking the prosecution`s suggestion to put an ankle monitor on his leg.

Nobody knows where this character is right now. How could this happen? This judge we found out volunteered for Jerry Sandusky`s charity, the one that he used as a hunting ground. There is no end to the collusion, the special treatment for this alleged sexual predator.

I want to go out to Lauren Book, child abuse survivor; you were abused by your nanny. You are courageously speaking out tonight. Hlntv.com, we have got an amazing look at the issue of whether or not there was a conspiracy to maintain silence. Because the number of people who knew something about this guy`s activities, vis-a-vis young boys, again, it is so long. Every time we try to read it, we run out of time.

Would you be shocked, Lauren Book, if there was conspiracy to keep this quiet?

LAUREN BOOK, CHILD ABUSE SURVIVOR: I think that there a total conspiracy here, Nancy. We`re not just looking at negligence. We are looking at complicit criminal activity from members of the Penn State staff. They are looking more like the Nittany liars than the Nittany Lions tonight.

VELEZ-MITCHELL: Yes, I mean -- also folks, we cannot actually share with you the words that are included in this 23-page grand jury. Go to hlntv.com and read it. Because this guy is now apparently telling NBC that "Oh, it was just horse play. There was nothing sexual about it."

But this is -- some of the most graphic stuff that you will ever, ever read. Ok, it`s pornography. Unfortunately, it`s all too real.

And I got to say, to me, Arnie Spanier, this is how this whole thing has been handled. Exhibit A, that there a two-tiered criminal justice system in our country and if you look a certain way, and you got cronies, and you`re connected, you don`t suffer.

And yet if you have two table spoons of crack cocaine you go away for 40 years. I mean, this is really absolutely an outrage, Arnie.

ARNIE SPANIER, HOST, CBS RADIO 105.3 DALLAS: Jane, is there any doubt in anybody`s mind out there that if this person was African-American he would be sitting in jail with no bail, no nothing? It smells of racism. It smells of everything.

Unsecured bond? No ankle bracelet? The judge better recuse himself because this is the most tragic thing I think I have seen in my whole life.

VELEZ-MITCHELL: Jeffrey Toobin, how big is this going to be in just a prediction. I know you don`t have a crystal ball, but is this going to implode even more?

TOOBIN: Well, I mean think about it, it is pretty big already. Penn State, you know, they did terribly. It is a great American university. There are thousands of people there who are doing great work. There are tremendous students there.

I mean the tragedy here, too, is that Joe Paterno used to be thought of as someone who represented the best in college sports. I mean this is a guy, a football coach, who endowed two chairs in the English Department. He put up the money.

This is a man who has done good things in his life. But he appears to have had a horrendous blind spot when it comes to his assistant coach. And tragedy after tragedy unfolded that will take years to recover from. And by the way, probably cost this university millions of dollars in legal settlements.

VELEZ-MITCHELL: Well, I would say follow the money because we have all these quotes from Joe Paterno about character. It is not just about winning the game. Any time I hear that stuff I grab my purse and run in the opposite direction. Because usually people who talk about stuff like that don`t walk it. It`s like spiritual materialism. It is all words and if you are making millions and millions and millions of dollars, that becomes priority number one. I mean, I heard Joe Paterno made a million dollars a year.

Jean Casarez, tell us again about this alleged conspiracy that could involve a former DA who disappeared.

JEAN CASAREZ, CORRESPONDENT, "IN SESSION": Well, you know when I spoke with the investigator last week who headed up the disappearance of DA Ray Gricar. He says he doesn`t believe that there is any conspiracy. That he looked through his desk and all his personal effects, saw nothing with the name of Jerry Sandusky on it. That he knew Ray Gricar and he knew him to be a very aggressive prosecutor. And if he didn`t prosecute that case in `98, there had to be a legitimate reason.

But Jane I`m reading what NBC tonight is saying that Jerry Sandusky is saying. I horsed around with young boys. I showered with them. I may have touched their legs but did not have a sexual intent. Jane, in a large part, he is admitting, by that statement, do you hear that statement? He is admitting not to the specific intent of wanting to sexual abuse children, but he is admitting three-fourths of it.

VELEZ-MITCHELL: Let me tell you something, and I will go out to Mike Galanos on this. On page 19 of the grand jury report, two cops eavesdropped in 1998 as a mother confronts him about showering with her son and whether he had sexual feelings and asked him, make a promise never to shower with a boy again. And he says, "I will not make that promise."

MIKE GALANOS, HLN CORRESPONDENT: Unbelievable. He couldn`t even do - - he couldn`t even say that. Because he knew he couldn`t stop himself. He knew he couldn`t contain himself, Jane. That`s in 1998. You look at that and you read that some of the detectives said they didn`t have enough. And you`re thinking, what? This guy is admitting to showering with a little boy in a shower in 1998 and you don`t have enough?

I mean what we are seeing here, it speaks to the arrogance of Jerry Sandusky. I mean he`s given interviews. He was the coach of Line Backer U, Jane. Then you think, in one of the sound bites we played a little bit earlier, 1999, he coaches his last game at the Alamo Bowl, allegedly after that, he sexually assaulted in Texas one of these little boys.

VELEZ-MITCHELL: Let me say this. And I`ll go to Mark Serrano on this. This is a teaching moment. If your kid is coming back with lavish gifts with from an adult, if your kid is talking about being in a shower or swimming. Swimming is one of the key ways that -- because you have to take your clothes off to go swimming, right a lot of them anyway -- that a predator will approach.

I speak of personal experience. When I was a little kid, a man with an uncle -- uncle, good friend of my dad asked me to go swimming. We were on his boat. He said you can take your swimsuit off if you want. And I freaked out.

Well what they do is they test the waters. Nothing ever happened to me. But I look back on that incident and I say, oh, he also married a woman who had a lot of kids. This guy has a lot of foster children and adoptive children.

Mark Serrano, there are key indicators here. Parents have to learn from this stuff.

MARK SERRANO, SURVIVORS` ADVOCATE: Jane, in the grand jury report, all the behaviors that are detailed, extreme details, are very ritualistic. You will notice from victim to victim to victim, Jerry Sandusky has the same approach of bringing down their defenses, stripping them of their instincts and defenses. That`s why it is so insidious that the university had this vicious cycle of privileges and pay offs that enabled him.

You know, Sandusky paid off his victims with gifts. The university paid off Sandusky by retiring him. The university paid off McQueary by giving him a staff position on the coaching staff. That`s what`s so insidious about this.

You are correct that many of these behaviors are very insidious and it is why parents must be engaged with their children.

Look, I`m in public relations and can I tell you that this outrageous code of silence that the university is imposing today is bad PR but it`s also a symptom that this vicious cycle continues.

VELEZ-MITCHELL: Buzz Bissinger, we need new laws. I still don`t understand why Joe Paterno as a coach who supervises students would not be a mandatory reporter. But we`ve got to do something major, major, so that these kids can at least say they didn`t suffer in vein.

BUZZ BISSINGER, AUTHOR, "FRIDAY NIGHT LIGHTS": Well, I mean you need new laws about mandatory reporting. But you need to do something about the code of America`s college football. This is what it boils down to. As I said people were terrified of Paterno. They were never going to cross him. That`s why the DA declined to prosecute.

However there is one person you haven`t mentioned in this who really is the link. That is Schultz, the vice president of finance who did see the Pennsylvania State University police report in 1998.

Now are you going to tell me he didn`t tell Joe Paterno that? That is a crock. And why is it that Jerry Sandusky who actually is really sick, if he is giving a phone interview to Bob Costas. It is thumbing it in the nose of the public.

But anyway, why did Sandusky not get any jobs. He applied to Virginia, no job. Maryland, no job. Paterno refused to go to his going way party. Paterno knew what was going on. They all knew what was going on. But they will never ever, it is like the Mafia. I said this in the "Daily Beast" piece. They will never turn in their own.

You name me one football scandal in which someone from the inside, a coach, has actually turned in his team. It is unheard of - unheard of. And it was all buried. The conspiracy of the DA, who the hell knows, it`s not going to matter.

But the sickness of Sandusky is -- here he speaking on the phone to Costas, someone says that he is wearing a Penn State shirt in some sports shop. The guy is sick.

VELEZ-MITCHELL: We`ve got to leave it right there but I agree with you. Power corrupts, absolute power corrupts absolutely. And these guys had absolute power over kids. Disgusting.

(COMMERCIAL BREAK)

VELEZ-MITCHELL: More Lohan family dramarama.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: She claims they argued over sex and Lohan pushed her and knocked her down.

MICHAEL LOHAN, FATHER OF LINDSAY LOHAN: God knows what happened. I know what happened. And Kate knows what happened. I did not lay a hand on her. I did not hurt her. If anything, I helped her.

UNIDENTIFIED FEMALE: I got scared. He got arrested and he was taken out. And I can`t control the media.

He just (INAUDIBLE) calling me three times again.

LOHAN: I was wrong. I said, listen, I`m not going to take care of anything anymore. She is kind of stuck here in Tampa by herself with no money. She didn`t want anyone to know. And you know whatever.

UNIDENTIFIED MALE: If you even dream about her and you violate my order, you will go to jail.

LOHAN: I`m a sucker. I fall back. I`m an idiot.

(END VIDEO CLIP)

VELEZ-MITCHELL: As troubled star let Lindsay Lohan slips in and out of jail and puts in her hours at the morgue, her father Michael Lohan hasn`t been short on advice for his little girl. Listen to this.

(BEGIN VIDEO CLIP)

LOHAN: I love her to death. I`m going out there. I`m going to get rid of all the people I can out her life. But I`m going to speak to this judge, the probation department and everyone else I have to, to try to get her the help she needs.

(END VIDEO CLIP)

VELEZ-MITCHELL: But is that the pot calling the kettle black? Michael has been arrested twice just in the past month. The first time for allegedly beating up his ex-fiance, Kate Major supposedly over oral sex demands. Here are the bruises allegedly from that night in photos from TMZ.

The next arrest was just hours after his release for breaking the terms of his bond by allegedly calling Kate over and over and over again. Michael then jumped off a third floor balcony to avoid cops. Now we have heard his side of the story.

(BEGIN VIDEO CLIP)

LOHAN: She keeps doing this. She needs help. She calls me and I`m a sucker. I fall back and I`m an idiot.

UNIDENTIFIED MALE: So the problem is hers or yours?

LOHAN: Well, she keeps calling. She was getting evicted from the apartment and she called up and she said she needed help.

(END VIDEO CLIP)

VELEZ-MITCHELL: But tonight, we get the other side of the story. Joining me in an ISSUES exclusive is Kate Major, Michael Lohan`s ex- fiancee. Thank you for joining us Kate. I know you want it set the record straight. Tell us, what happened that night?

KATE MAJOR, MICHAEL LOHAN`S EX-FIANCEE: Good evening, Jane. Thank you for having me. I`m a huge fan of yours.

And I just want to say that, this is not an easy thing for me to do, obviously. I`m coming on national television to tell you the truth and I know that Michael has been on your show numerous times talking about his own sobriety, which is completely false. And it always bothered me because I know that you have been sober and you have been through domestic abuse.

VELEZ-MITCHELL: I haven`t been through domestic abuse.

MAJOR: Ok, I`m sorry.

VELEZ-MITCHELL: I`m sober 16 years but I have not been through domestic abuse.

MAJOR: Ok. Then that`s my mistake.

(CROSSTALK)

VELEZ-MITCHELL: That`s ok. Continue on.

MAJOR: So basically, I have been and it took me this long to come forward and speak out and I`m putting basically, you know, my own life at risk. I feel once he gets out of jail, I`m terrified of this man. He is dangerous. He has been diagnosed as a sociopath. He`s done this to other women.

He does not have a relationship with his daughter, Lindsay. He has tortured me, tortured Dina, tortured his other ex fiancee and I`m just done with him. And it took me -- everyone asked me, why did you stay so long? Why didn`t you come forward? Are you doing this for money? No, I`m not doing this for money. I`m not getting paid to be on your show.

I don`t need to be in the media spotlight. I`ve been in hiding. This man is -- it was like the devil came out of him. I didn`t know that he was on steroids. I did not know that he was using cocaine and alcohol. And --

VELEZ-MITCHELL: Wait a second. You`re saying that he is not sober? That`s he has come on our show and said he is working a program of sobriety and is concerned about his daughter. You are challenging that?

MAJOR: Absolutely, Jane. I`ve been there probably every time with him. I lived with him for almost three years -- well, two and half years. I`ve known him for seven years. I`ve been with him before he`s gone on your show, high. And that really bothered me. I even said don`t you feel guilty?

VELEZ-MITCHELL: When is the last time you claim to have seen him using?

MAJOR: Well I didn`t see it the last time when he got charged with the assaults and he was under the influence of alcohol. But Michael cannot drink without using cocaine. And when he would come on and try to tell Lindsay what she should do and lecture her and talk to you --

VELEZ-MITCHELL: We have more on the other side. More on the other side.

(COMMERCIAL BREAK)

(BEGIN AUDIO CLIP)

MAJOR: He just got out of jail and I`m like are you that dumb to be calling me three times again from your own number and not even blocking it?

(END AUDIO CLIP)

VELEZ-MITCHELL: All right. That was Kate Major, calling 911 on Michael Lohan. She`s claiming here tonight on issues in an exclusive interview, that Michael Lohan, the father of Lindsay Lohan is not sober -- Michael Lohan, when he gets out of jail or his attorney invited on any time to answer that allegation. Kate you were allegedly intoxicated and arrested a week ago, accused of hitting an official who escorted you off a plane. Could you have an issue with alcohol?

MAJOR: Jane, first of all, I can`t talk about that. That`s a legal issue and I didn`t come on the show to talk about that and I was not intoxicated and the truth will come out about that.

VELEZ-MITCHELL: Ok.

MAJOR: I did have a glass and a half of wine before I boarded the plane. I was on the plane and that`s all I`m going say. But I just want people out there to know that there is help for women that are involved in domestic violence and, you know, I mean also I found out after Michael got arrested that I got involved with cheaterbuild.com to put it out there that -- you know, women should not have to go through this.

I worry -- I always worried about disease and everything else and we always had a commitment that if we were with somebody else, which I was not with anybody else in three years, that we wouldn`t do that and I found out he`s been with seven other women.

But that`s irrelevant to the fact that this man needs help. And I am coming on your show to tell you the truth and to tell the world the truth that he does not have a relationship with his family. He has not paid child support. And, you know what? God help me if I am not pregnant and that`s all I`m going to say.

VELEZ-MITCHELL: All right. Kate Major, I want to thank you. We have limited time here. But you`ve made your point. I think you`ve made your point again. Michael Lohan and his attorney want to respond to that, I appreciate you taking the time to come on our show. Thank you so much.

And now I`m going to switch gears and go the legal editor of radaronline.com Jen Heger for reaction to what she has said.

JEN HEGER, LEGAL EDITOR, RADARONLINE.COM: Any time that you have those allegations being made you have to look into them deeper. And I believe that there`s more there that meets the scene with Kate.

VELEZ-MITCHELL: In what sense?

HETER: Well, I think as you alluded to, there`s been issues with alcohol and drugs with Kate Major. And I dispute what she said about Michael not having a relationship with Lindsay. He absolutely does have a relationship with Lindsay. They do talk. They have not been speaking since, obviously, he`s in jail right now and he`s got limited contact with the outside world. But they are very much in communication all the time.

This is a family, the Lohan family, you know, it`s dysfunctional. Yes, it is. But this is how they operate. You know, I think Lindsay is hoping to move on from her legal troubles. I can actually tell your viewers tonight that I`ve talked to her rep Steve Hoenig (ph) and he`s told me that she has some new projects lined up for next year some new film work.

VELEZ-MITCHELL: All right. Hey Jen, we have to leave it right there. Thanks for joining us. I have no idea whether or not Kate Major is using drugs. I did not -- I have no independent knowledge. Either one, you`re invited on any time to tell your story.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: As to the charge of first degree murder verdict as to count 1, we the jury find the defendant not guilty, so say we all.

(END VIDEO CLIP)

VELEZ-MITCHELL: It`s been months and still nobody knows how to handle it; the Casey Anthony verdict what many call the most stunning miscarriage of justice in decades. But tomorrow I`m going to have an exclusive primetime interview with the man who prosecuted Casey Anthony, the one and only deputy DA Jeff Ashton.

Jeff Ashton has a new book out about this case with stunning revelations in it; bomb shells, mushroom clouds. I`m bound by a confidentiality agreement not reveal anything until tomorrow but trust me do you not want to miss my exclusive one on one interview with Jeff Ashton who tells us what went on behind-the-scenes and reveal some amazing shockers. And he`s going to take your calls right here tomorrow at 7:00 p.m. Eastern. Join me.

"NANCY GRACE" next.

END