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Sandusky Waives Preliminary Hearing

Aired December 13, 2011 - 19:00   ET



JANE VELEZ-MITCHELL, HOST (voice-over): Tonight, a courtroom shocker. Disgraced former Penn State assistant coach Jerry Sandusky makes a stunning move in court. Is it a shrewd legal maneuver, or the blunder of the century?

And what about all those young accusers who missed their chance to finally confront him, after years of alleged sexual abuse? Tonight, I`ll talk to an attorney for one of those men.

And police have just found the body of a woman along a desolate stretch of beach on Long Island, just outside New York City. Is this Shannon Gilbert? Is this the work of the still-at-large Long Island serial killer? And why did it take so long to find her? We`ll investigate.

Plus, cops say this beautiful, charismatic woman brutally murdered her ex-boyfriend. She allegedly sliced his throat from ear to ear, and then took pictures of his bloody remains. Now she`s speaking out from behind bars. You will not believe what she has to say. We`re going to talk to one of her boyfriend`s closest friends and take your calls.



UNIDENTIFIED FEMALE: Jerry Sandusky, we`re just learning, has waived his right, in court; he has waived his right to a preliminary hearing.

JASON CARROLL, CNN CORRESPONDENT: There were audible gasps. I mean, as you can imagine, the courtroom was packed with reporters in the middle of the courtroom. On one side, you had members of the public. On the other side, you had some of Jerry Sandusky`s supporters; members of his church. And there were audible gasps.

JERRY SANDUSKY, CHARGED WITH CHILD SEX ABUSE: Stay the course, to fight for four quarters.

We`ll wait for the opportunity to present our side.

UNIDENTIFIED MALE: And we couldn`t do that today.

UNIDENTIFIED FEMALE: His attorney says they admit that he did touch boys, but it was in a nonsexual way.

UNIDENTIFIED MALE: He also began to coerce this child in an attempt to satisfy his own perverse sexual impulses.

UNIDENTIFIED FEMALE: Accused of using his position within the community and the university to prey on numerous young boys for more than a decade.


VELEZ-MITCHELL: Shock and outrage tonight. Former Penn State assistant football coach, Jerry Sandusky, pulls a fast one and yanks the rug out from under his accusers, just as they`re about to take the stand and tell the world how he allegedly raped them.

Good evening. I`m Jane Velez-Mitchell coming to you live from New York City.

We`re talking reporters, family members, alleged victims, all squeezed into a crowded courtroom early this morning, expecting a full day of gut- wrenching testimony from the alleged victims of accused sexual predator and rapist, Jerry Sandusky. At least ten of the alleged victims were expected to testify -- five, at least -- and describe how Jerry Sandusky sexually abused them. There are ten -- at least ten accusers in all.

But instead, there were gasps when, 30 seconds into the hearing, Sandusky`s attorney said, "Oh, we`re waiving our right to a preliminary hearing, and instead we`re going to go straight to trial." What that meant was those accusers could not tell their story today. And many of these men were reportedly devastated by that.


BEN ANDREOZZI, ATTORNEY FOR VICTIM: "This is the most difficult time of my life. I can`t put into words how unbearable this has been on my life, both physically and mentally."


VELEZ-MITCHELL: Sandusky is accused of more than 50 sex crimes against young boys, and has pleaded not guilty to all charges. And tonight, as we speak, he`s out on the streets again, free to roam, until who knows when this trial starts.

Adding to the outrage, Sandusky and his lawyer kept using sports metaphors to describe this entire horror show.


SANDUSKY: You know, the defense. To stay the course, to fight for four quarters. We`ll await the opportunity to present our side.

UNIDENTIFIED MALE: And we couldn`t do that today.


VELEZ-MITCHELL: They`re treating this like it`s some kind of game. It`s not a game! This is real life, hell on earth for Jerry`s accusers. Ten and counting.

I want to hear from you. Call me right now: 1-877-JVM-SAYS. That`s 1-877-586-7297.

Straight out to my colleague, Mike Galanos, at ground zero in the county famous for Penn State.

Mike, describe the shock. What was the reaction? Who was there when Sandusky pulled what many consider a very cheap trick?

MIKE GALANOS, HLN ANCHOR: Jane, you`ve been in big courtroom settings. I mean, you had a crowd of media in there, 100 members of the public. You had victims` families there, Jerry Sandusky supporters in there. And there was a buzz, an electricity in that courtroom.

And then, all of a sudden -- this is ten minutes before the proceedings -- Jerry Sandusky walks in, and there was a hush that broke out over this courtroom. You could have heard a pin drop. We`re all fixated on this man, looking at his demeanor.

And he was awkward, Jane. He had this overwhelmed look on his face. He went into a holding chamber, and then he came out again. He just looked awkward. He was wearing a suit, and he looked like he was wearing his dad`s suit. I know he`s a grown man, but he was just uncomfortable. When he sat, he was all slumped over and slouched.

He looked over at his family at one point. And we`re all gauging this. And I watched some of the victims` families, and they were just glaring at his every move.

And then Jane, you said it: we`re barely even getting comfortable in our seats and we find out he waives his right, and the grasp broke out. And we break out of the courtroom, and everybody from the media is trying to figure out the strategy.

And then, really, at the end of the day, we figure the strategy. Amendola is the one we hear from for at least an hour, and then he did individual interviews for a couple of more hours. He was holding court, and probably still would be if people were asking questions, Jane.

VELEZ-MITCHELL: Yes. So he used this entire hearing as a media availability to sell his side of the story.

The man known as victim No. 4, of at least ten accusers, wrote a statement after hearing the news, and here is his attorney reading that statement. Check this out.


ANDREOZZI: "I can`t believe they put us through this until the last second, only to waive the hearing. I want to thank all the people who have shown support. Regardless of the decision to waive the hearing, nothing has changed, and I still will stand my ground, testify, and speak the truth." And he underlined the word "truth" three times.


VELEZ-MITCHELL: So could this last-minute strategic maneuver boomerang on Jerry Sandusky? Let`s say that there`s already outrage in the community and this is exacerbating it.

Tom Kline, you are a lawyer for one of the accusers of Jerry Sandusky, at least one. My question for you is, could this increase the resolve of the accusers? Let`s say the one or more that you represent. I don`t know how many. And really fortify their resolve to go out there and, when the trial actually takes place, to really spell it out, every last sordid, ugly detail, that they might have otherwise danced around? Are they now more determined than ever?

TOM KLINE, ATTORNEY FOR ACCUSER: Well, I don`t know if it will change whether they will tell more of the details, because I think each and every one of these young men, from everything I know, was prepared to go forward and to tell the sordid details, one after the other, in serial fashion.

But I believe that you`ve hit the nail on the head. The one thing that is for sure is that this opportunity that the defense allowed the prosecution to have, namely allowing the prosecution, and really forcing the prosecution, to bring all of the witnesses together, prepare their case, literally, their trial case, have all of the witnesses, in some instances, reunite, is something that the defense could have avoided and decided to opt not to forgo, because they wanted to have the opportunity to literally have a press conference before the national and international press corps today.

VELEZ-MITCHELL: Yes. And he went on for a long time. He went on for an hour and then talking individually to other reporters for a couple of hours more. So, essentially, that attorney, right there, standing next to Jerry Sandusky, using this as a platform to have a news conference. And I got to tell you, Jerry...

KLINE: Well, I was there.


KLINE: No, I was there. I witnessed the whole thing, in and outside of the courtroom. I was there. I was talking to a fair number of media folks myself, both TV, radio, and print. But what I watched in front of my eyes was incredible.

In the courtroom, there was this last-minute -- and I was in the first row -- last-minute, what appeared to be a last-minute decision, but really wasn`t. It was clearly something, as we found out later, that was calculated, that was known last night, and that was something that was planned. Well, of course it was. Anyone who`s been around courtrooms like I`ve been for something like 30 years knows better.


KLINE: You don`t make a decision that you`re going to do it that way.

But then, but then, what came next was with at a podium in the front of the courthouse, you have the defense counsel, who is really holding court, literally holding court and trying the case in the -- in public view.

VELEZ-MITCHELL: Let me tell you this, Tom. It gets worse than that, because he put his foot in his mouth several times. Sandusky`s attorney, Joe Amendola, made what I would consider inappropriate comments. Listen to this one. Unbelievable.


JOE AMENDOLA, SANDUSKY`S ATTORNEY: If you think for a minute, if anyone is naive enough to think for a minute that Tim Curley, Joe Paterno, and Gary Schultz, and for that matter, Graham Spanier, the university president, were told by Mike McQueary that he observed Jerry Sandusky having anal sex with a 10-year-old-looking kid in a shower room at Penn State, on Penn State property, and their response was simply to tell Jerry Sandusky that, don`t go in the shower room any more with kids, I suggest you dial 1-800-REALITY. Because that makes absolutely no sense.


VELEZ-MITCHELL: So, we decided to call 1-800-REALITY, and here is what we got. Listen to this.


UNIDENTIFIED MALE (via phone): Hey, guys. Welcome to the hottest place for triple-X action.


VELEZ-MITCHELL: Yes, it happens to be a gay sex line. Sandusky`s lawyer was then asked, in turn, about that. And said, "Oh, really? You`re kidding? That`s hilarious. I had no idea. I`ve been using that joke for years," end quote.

I`ve got to go to Slade McLaughlin, attorney for alleged Sandusky victim No. 2.

This is seriously inappropriate behavior for a lawyer who`s defending somebody accused of the most heinous crimes imaginable. Can he and should he face disciplinarian action for making lewd jokes about a case that involves horrific alleged sexual abuse?

SLADE MCLAUGHLIN, ATTORNEY FOR VICTIM NO. 2: Jane, good evening. I can only say, I`m not the one to determine whether or not he should face disciplinary action.

I will say, I was there. I was also sitting in the front pew of the courtroom. I also heard Mr. Amendola for an hour wax and wane about things that I thought were extremely inappropriate. He called all of the victims liars. He called them all collusion artists. He said they were all out for the money.

Now, it seems to me, if you`re a person that has a sense of dignity, even a little bit, you don`t come out as the lawyer for a perpetrator who`s visited these crimes on young men and make it ten times worse by heaping abuse on them in the media. Most, I`m sure all of the victims, I know my client heard these comments, or has read about them, extremely offended, extremely upset, and frankly couldn`t believe that this fellow would try to get up there, and instead of doing what he should have done legally in court, try to actually make his case in the press.

VELEZ-MITCHELL: Well, it gives you an idea of his character. It`s how he thinks. It`s an insight into his mindset. He is a malignant narcissist, in my opinion. Everything is about him and what`s going to help him.

Did Jerry Sandusky take the easy road when he waived his preliminary hearing, or did he shoot himself in the foot? Was he maybe just scared to hear what his accusers were going to say? We`re taking your calls on the other side: 1-877-JVM-SAYS.


AMENDOLA: A number of these young men, who were Second Mile kids and were teenagers when they said that Jerry abused them, have maintained social contacts with Jerry and his wife. And we find that interesting, too, that so many of them would have maintained contact with someone who, according to them, abused them, graphically, and horrifically.




AMENDOLA: The other issue, which we`re looking into, is whether or not a number of these kids, now grown men, have communicated prior to the filing of charges and after the filing of charges, and whether or not there`s any possibility of some sort of collusion.

ANDREOZZI: My client didn`t know any of them. He hasn`t spoken with any of them. And to make a suggestion that he colluded with somebody is preposterous. You know, if you want to call collusion an indirect communication where he`s wanted to apologize to some of the younger victims because he didn`t have the courage initially to come forward and report him to the authorities, than shame on you.


VELEZ-MITCHELL: This is another outrage. On top of pulling a fast one and say, "Oh, we`re going to waive our right to a preliminary hearing" after all the accusers or a good percentage of them are there, ready to take the stand, he then turns around and holds a news conference outside court and says, "Oh, they`re liars, and they`ve all gotten together, and they`ve cooked up similar-sounding stories."

Arnie Spanier, sports radio columnist, this is almost beyond comprehension, this brazen strategy.

ARNIE SPANIER, SPORTS RADIO COLUMNIST: You know, Jane, why should we be surprised? He doesn`t want those details coming out now. He doesn`t want us talking about this for months and months on end, while he looks guilty.

But let me tell you something. That shyster lawyer, Mr. Amendola, it`s personal now. You have the guts to call these victims -- and I know you`re going to say alleged victims -- to say that they`re in collusion and they`re getting together and they may be making this stuff up, it`s now personal. It`s personal. You rot in hell!

And they said they want to fight to the death? We`ll fight to the death. America won`t take this anymore. We`re going to fight to the death, and hopefully, it will be your client that ends up like that! Your words, not mine, Mr. Amendola!

VELEZ-MITCHELL: And by the way, Jerry, Sandusky and/or his attorney, Mr. Amendola, invited on the show anytime. I would love to ask them some questions.

Let`s go out to the phone lines, lighting up. Makia, Illinois, your question or thought, Makia.

CALLER: Hi, Jane.


CALLER: Thank you for taking my call.


CALLER: I have a question for you.


CALLER: Now that Sandusky has pleaded not guilty, obviously it`s going to trial, but I mean, to get a fair trial in that area for the victims, who would be responsible to say, "Let`s move the trial," or who would put in the request?

VELEZ-MITCHELL: Well, Mike Galanos, I want to go back to you and find out -- OK, Jerry Sandusky out right now as we speak, a free man. Yes, he has to wear an ankle bracelet, but basically, he`s free. He`s walking around free, until when? When? This trial could take years to go -- it could take years to go to trial.

GALANOS: Well, Joe Amendola told me that -- he said this trial will happen after June 1, and I think conventional wisdom is it could be anywhere from early to late summer. So that`s what he said as we look at a timeline.

But Jane, when you talk about him, just to paint a little bit more of a picture of what he did a little bit earlier today, he was holding court to the point where he would get off the podium, walk over to whoever asked the question, then come back to the podium and said, "The question was this." And I mean, and really just -- and he -- again, I think he`d still be out there if people were asking questions, Jane, and he would talk to anybody.

And he even also, one other thing to add in on this, I thought he shot a warning shot to anybody else out there who may be a victim, who may be thinking about coming forward, saying, your credibility is going to be in question.

VELEZ-MITCHELL: Yes, and again, I`m asking tonight, why the hell is Jerry Sandusky out on bail, a free man as we speak?


SANDUSKY: You know, stay the course, to fight for four quarters. We await the opportunity to present our side.


VELEZ-MITCHELL: Norwood Young, you are a sexual abuse survivor. You`re the author of "Getting Back to Me" -- or "My Me," which is a great title.

Your reaction to the fact that this guy -- and as I say all the time, I had a friend who did a night in jail not so long ago for driving with an expired license. This guy is walking around, hasn`t spent a night in jail, maybe one night while they were processing him. But he`s out; he`s a free man. Your reaction to that as an abuse survivor?

NORWOOD YOUNG, SEXUAL ABUSE SURVIVOR: As an abuse survivor, Jane, this is absolutely the most disgusting, vile turn of events that I`ve ever heard of in my life. And it`s also for me as if I`m being abused or molested again, with no voice and no power.

Because just because a person that was put in our way as a leader or a role model, because of that, they are given the opportunity to take our lives and just totally destroy them. I can`t believe he`s just walking free. I think it`s sickening and it`s, again, it`s vile.

VELEZ-MITCHELL: More on the other side.



MICHAEL BONI, ATTORNEY FOR ALLEGED VICTIM: I can imagine this is terrific for my client, as well as all of other victims who now do not have to relive the horrors that they experienced up on the witness stand.


VELEZ-MITCHELL: But they will when they go to trial.

Take a look at Sandusky showing up in court today. Who`s on his arm? His longtime wife, Dottie Sandusky, who is trotting loyally beside him. There she is. Actually, this is the first time we`ve gotten a look at Dottie since this entire horror has emerged on the national scene.

Remember, one of the most recent victims said in a grand jury document he was screaming for help in the basement, knowing that Dottie was upstairs, but nobody came to his aid. So I think the question is, is Dottie blameless, if she`s totally clueless, or is she in dangerous denial?

Remember, Sandusky admitted to showering with boys, and he racked up - - we have proof -- dozens and dozens of phone calls to his accusers. Did she ever look at the phone bills? Got to wonder about that.

There she is, leaving court with him. Again, walking right behind him. The dutiful wife.

Let`s go out to the phone lines. Lisa, Pennsylvania, this is all happening in your state. What`s your question or thought, Lisa?



CALLER: Thanks for taking my call.


CALLER: This is inconceivable to me. I just -- I`m stunned.

VELEZ-MITCHELL: Yes. It is -- it is shocking. And I think just by saying that, Cory Giger, the caller makes a good point. It`s all like almost too much. Like, if you put it in a movie script, nobody would believe it, Cory.

CORY GIGER, ESPN RADIO (via phone): You`re right, Jane, and it`s also very sad. Because we -- our hearts go out to the victims, and the alleged victims. And some of them wanted to take the stage -- the witness stand today and tell their stories.

And what ends up happening on the other end is Joe Amendola gets out there and basically starts accusing victims of being in this for money.

And that`s the problem we have in this country. That`s why victims don`t want to come forward. Because they get victimized again, in the legal process. And basically, their lives are, and their words are shredded, once again.

And that`s the issue we have. Because more and more, whether it`s children or women or anyone that`s victimized, you almost feel like you want to stay quiet to avoid kind of the persecution and everyone piling on you once again.

VELEZ-MITCHELL: Yes. But let me go out to Slade McLaughlin, attorney for alleged Sandusky victim No. 1. TMZ did a survey of top criminal defense attorneys, and they unanimously said this was an idiotic move, because one of the things that lawyers do is they get you to lock down on one statement, and when it comes to trial, they say, "OK, tell us what happened," and then, "Oh, you said it differently in the preliminary hearing." They can`t do that now.

MCLAUGHLIN: I will say this. If you want to talk the talk, you better be able to walk the walk. And I`ve heard for the last month from Joe Amendola about how he can`t wait to get these witnesses, he can`t wait to show what fabricators and liars they are. He can`t wait to demonstrate what a good case he has.

He had the opportunity. He was in court. The victims were there, ready to testify, and what did he do? He closed up his suitcase and went home. Well, he didn`t actually go home.


MCLAUGHLIN: He went out front and got in front of the TV camera for an hour and tried to do in front of the media...


MCLAUGHLIN: ... what he wasn`t able or not willing to do in court.

VELEZ-MITCHELL: I got you. Norwood, quickly, does it outrage you that he`s going to be out until this trial? Who knows when the heck this trial`s going to happen? Ten seconds.

YOUNG: Yes. It makes my stomach -- it makes my stomach turn. And just like you were talking about your friend with the driving violation, this is sick. This is sick. And this -- this is why victims are victims. And this is why they don`t -- they don`t speak out.

VELEZ-MITCHELL: Got to leave it there.



UNIDENTIFIED MALE: It`s certainly a sad day for the Gilbert family.

UNIDENTIFIED MALE: We found what appeared to be, and was, a human skull off the side of the road.

UNIDENTIFIED MALE: We have now another body found in the same area.

UNIDENTIFIED MALE: She just stood there staring at me, yelling, "Help me. Help me."

UNIDENTIFIED MALE: Do you think she was the victim of a serial killer?

UNIDENTIFIED FEMALE: He was targeting a specific group of women from a specific Web site.

UNIDENTIFIED FEMALE: They actually found a piece of her jewelry, which happened to be an earring.

UNIDENTIFIED FEMALE: My hope is that we`ll find her alive.


VELEZ-MITCHELL: Tonight, police recover the skeletal remains of yet another woman on a beach on Long Island. Is this the gruesome handiwork of the Long Island serial killer? Does he now have 11 victims?

Good evening, everyone. Jane Velez-Mitchell back with you live in New York City.

All this happening not far from where I am -- Long Island, a quick drive, essentially. This morning, after a week of searching, police claim they have now, they believe, found the body of Shannon Gilbert. They`re still doing the tests, but they believe it`s her.

She went missing in May of last year under, oh, horrific suspicious circumstances. She was last seen running from someone, screaming, "Help me. Help me. Help me." But from whom?

Listen to this man, a homeowner that she approached in terror. He may have been the last person to see Shannon Gilbert alive.


UNIDENTIFIED MALE: She just stood there staring at me, yelling, "Help me. Help me."

UNIDENTIFIED MALE: Do you think she was the victim of a serial killer?

UNIDENTIFIED MALE: No. I`m not even sure she was murdered.


VELEZ-MITCHELL; Yes, well, when a woman at 4:45 in the morning is running around screaming, "Help me, help me," and then she disappears and she turns up, presumably it`s her, seven miles away from where other people are murdered, where other people`s bodies are found, I would say she`s probably murdered.

Now, police say that ten individuals whose remains they found all met their grisly fate at the hands of this one serial killer who remains at large right now, somewhere, somewhere out there. Just like those victims, Shannon`s body was found on a beach seven miles from the other sandy mass grave.

So my question tonight is, why do police not think Shannon`s death is connected? Listen to their reasoning.


RICHARD DORMER, SUFFOLK COUNTY POLICE COMMISSIONER: We`re not changing our theory at this time. It appears that she was heading towards the parkway. She traveled at least a half a mile, three quarters of a mile on foot, through that muck, mud, brambles, thick area, and it would be very easy to get exhausted and fall down, and not be able to move any further.


VELEZ-MITCHELL: Why is a prostitute running around in the dead of night at a beach for no reason if she`s not running from someone? She got stuck in the muck, really? Do you believe that?

Call me right now, 1-877-JVM-SAYS, 1-877-586-7297.

Straight out to investigative reporter, Michelle Sigona; Michelle, we`ve all been following this case, and it seems, I`m not a detective -- so what do I know? But it seems pretty obvious to me that Shannon Gilbert`s death has to be connected to the serial killer. He killed women who are working in the sex trade. He killed women who used Craigslist.

Shannon Gilbert used Craigslist. She was working in the sex trade. She was seven miles away from where the other victims were found, mostly women, but including one man and a child. Why are police so insistent on saying that this woman is just not -- not connected to the serial killer? Is it that they`re afraid, well we don`t want to see the count go up to 11, because people in the New York area will be terrified?

MICHELLE SIGONA, INVESTIGATIVE REPORTER: No, I definitely don`t think it`s that at all, Jane. And I spoke with the police commissioner earlier this evening for about a half hour. And what he told me is that where her body was found was only about a quarter mile away from where her personal belongings were also found earlier. And also, this area, it`s extremely swampy. He had to bring in special equipment to be able to drain it out, and to go down in and to dig out the bones. Once the bones were discovered, the forensic teams were brought in.

And one question I did ask the commissioner, specifically, was, was she dismembered? Did it appear that maybe only a portion of her body was found there and then another portion somewhere else, sort of like some of the other bodies we had seen, in some of the other cases? What he told me was, no, what it appeared was that her body was intact, you know, as much as it could be, and that was confined to that particular area. And that the medical examiner will determine the official cause of death, but it is possible that she could have drowned in that area. She was disoriented when she left that house.


VELEZ-MITCHELL: Oh, I`m sorry, Michelle. I don`t think that a prostitute running away from somebody at 4:45 in the morning is going to end up swimming and drowning. I just don`t think it`s a logical.


SIGONA: Absolutely. No, no. And to a certain extent I definitely agree with you in looking at all aspects of this investigation. But what I can tell you is that what the police commissioner said is that, look, she was disoriented, she was kind of out of her mind. He does not know if she was on drugs or alcohol. I`m sure the toxicology results may be able to prevail something along those levels.

But if she was, and if she was out there, again, I`m just playing the other side here and giving this to the audience, if she was in a different state of mind -- and again I`m not saying that she was --


SIGONA: -- but if she was and she went running, it is possible that she could have drowned in that area because of where the water comes up and how it all lays around on the ground.


What set off this latest round of searches? Well, a lot of people speculate it was a hard-hitting documentary about this still-at-large Long Island serial killer which aired just last week on A&E. Watch a little clip.


UNIDENTIFIED MALE: I call her name. And then I call her on the phone. And I say, Shannon, where are you? I couldn`t find her. That`s it.

UNIDENTIFIED FEMALE: That was the last time Shannon was seen alive. (INAUDIBLE) and Joseph Brewer were questioned by detectives and submitted to lie detector tests. Police say neither man is a suspect.


VELEZ-MITCHELL: My understanding is the day after that documentary aired last week, the next day cops got -- well, they found Shannon Gilbert`s ID in her purse, near where -- about seven miles away from where the other bodies were found. And now they found the body, the remains that they believe belong to Shannon Gilbert.

So, Steve Moore, that would say to me that a tip came in from somebody after the A&E documentary aired last week. We`re talking about a serial killer that is on the loose, right now. That could be responsible or is responsible for at least ten murders. And now we`re talking about possibly, even though cops say it`s not connected, but it would seem to me that there has to be a possibility that this one is number 11.

STEVE MOORE, FORMER FBI AGENT: Of course there`s a possibility that this is number 11. I mean it could have been a tip, it could have been the police just feeling like they were under the gun on this whole thing. But the fact that you have a prostitute, a call girl in that same area who`s been picked -- who asked for help, who screamed, went to somebody`s house at 5:00 in the morning. She`s only a little ways from the beach where the other bodies were dumped. Come on. This is related.

And so you have to treat it as related. I don`t care if she got away from the killer and died running -- I mean, I care, but from an investigative standpoint, the fact that she got away doesn`t have a bearing on the fact that she -- she was running for her life and didn`t make it. That`s a murder, just as much as if he had killed her.

VELEZ-MITCHELL: I want to show you some video of Times Square, which is just a stone`s throw from where I am right now at the Time Warner Center in midtown Manhattan. And what`s so creepy about this is that this serial killer made a phone call from Times Square, where there`s a lot of people, and he called the sister of one of the women he murdered and taunted her and described things that curled this woman`s hair and made her devastated.

So we`ve got a guy in famous New York Times Square -- that was the last place he was pinpointed on the loose somewhere. That`s scary. It`s really, really scary.

I want to go to -- I believe it`s Jeff Martina -- and I understand that you are the stepfather of one of the victims. Are you there, sir? Ok. I`m going to go to -- are you there, Jeff? Jeff, are you there?

When you get him, you let me know, ok?

Here`s the thing. Steve, he makes a call from Times Square, all right? And then he taunts the victims. This is a very, very, very sick, sick guy, who is loose right now, right now --


VELEZ-MITCHELL: -- and who could conceivably kill other prostitutes. I would certainly think that a warning would have to go out, and I believe it has gone out, to any women who are working in the sex trade, to be extremely careful. I would say, take a long vacation, given the fact that this guy is out there.

MOORE: I would say that the news is probably already spread through that community pretty quickly. And I would say that Johns in Long Island are going to have trouble getting call girls coming out there.

But I think the thing here is the call from Times Square indicates you`ve got a real problem. This guy is not just a sexual predator. This guy is a sadist. And so at this point, he is not going to quit. You had better get the profilers on him. You had better get the psychological analysts going. And you had better find out what this guy is likely to do next.

The beautiful thing about this, though, if there is a beautiful thing in this horrible situation, is that when they start doing things like making those calls, they start getting very obvious. And they start making themselves easier to catch.

VELEZ-MITCHELL: Well, who knows who provided that possible tip that may have led cops to Shannon Gilbert -- what they believe is Shannon Gilbert`s body.

All right, Jeff Martina, you`re the stepfather of one of the victims. Are you there, sir?

JEFF MARTINA, VICTIM`S STEPFATHER (via telephone): Yes, I am.

VELEZ-MITCHELL: Your reaction to the police saying they believe they`ve discovered the body of Shannon Gilbert, but they still insist that they don`t think she`s connected to the ten other murders by this serial killer. What say you, sir?

MARTINA: Well, I find it hard to believe that she drowned, because how could a person, where they found her clothes a few days ago, and then they find her remains somewhere else, so how could your bones get out of the clothes and be found somewhere else?

VELEZ-MITCHELL: Well, that`s a very good point.

MARTINA: I just find it hard to believe that, you know, that it`s not related; whether it`s related or not, she was definitely murdered.

VELEZ-MITCHELL: Why do you think the cops are very insistent on saying there`s no connection here? Are they afraid to have the 11th victim?

MARTIN: Well, that`s what I`m thinking. At this time, I don`t want know, unless they have some leads. Maybe they`re not saying. It`s just hard to believe. I just find it hard to believe that she`s not connected with it. Same area, same --

VELEZ-MITCHELL: Well, sir, we hope that we find justice and find this killer.



JODI ARIAS, CHARGED WITH MURDERING EX-BOYFRIEND: I need to be honest. The evidence is very compelling, but, none of it proves that I committed a murder.

UNIDENTIFIED FEMALE: Did you kill Travis?

ARIAS: Absolutely not. I had no part in it. I would be shaking in my boots right now if I had to answer to God for such a heinous crime. But I`m very grateful that this is one thing that I will never have to answer to.


VELEZ-MITCHELL: Tonight, an inside look at a truly shocking murder case that sounds too bizarre to be true.

Take a look as a petite, angel-faced young woman -- there she is -- accused of shooting and stabbing her ex-boyfriend to death in his home. Prosecutors say the now 31-year-old Jodi Arias went to her ex-boyfriend Travis Alexander`s Arizona home back in June of 2008, shot him in the face, stabbed him 27 times, and also slit his throat, ear to ear.

In just a moment, I`ll talk to one of Travis Alexander`s -- the victim`s best friends, who was at the home when the body was found.


UNIDENTIFIED FEMALE: A friend of ours is dead in his bedroom and we hadn`t heard from him for a while. We think he`s dead. His roommate just went in there and said there`s lots of blood. I didn`t go in, but I can give you the phone to someone who went in there.

UNIDENTIFIED FEMALE: Yes, please. Can you?


UNIDENTIFIED FEMALE: Hi, sir. What`s going on?

UNIDENTIFIED MALE: He`s -- he`s -- he`s dead. He`s in his bedroom, in the shower.

UNIDENTIFIED FEMALE: Ok. How did this happen? Do you have any idea?

UNIDENTIFIED MALE: No. We have no idea. Everyone`s been wondering about him for a few days.

UNIDENTIFIED FEMALE: She said there was blood. Is it coming from his head? Did he cut his wrists?

UNIDENTIFIED MALE: It`s all over the place.


VELEZ-MITCHELL: Jodi told cops that two people had broken into the house and attacked them both. Jodi claimed she escaped and drove off without telling anyone. But now court documents reveal she may be changing her strategy and claiming self-defense. Shades of Casey Anthony. A change in strategy, a change in defense, is the jury going to buy it?

What about when you add this shocker. The camera that cops found in Travis` washing machine had two sets of photos, a series of naked shots of Jodi and Travis together, and bloody photos, ok, of Travis, bleeding, as he lay dying. Oh, and I forgot to mention Jodi happens to be a photographer.

The trial scheduled to start in February. What do you think? Is this the face of a calculated sadistic murderer?

Call me, 1-877-JVM-SAYS, 1-877-586-7297.

I want to go straight to my very special guest tonight, Taylor Searle, one of the victim`s, Travis Alexander`s, very best friends. Thank you for joining us Taylor and I know you`re here because you want justice for your friend.

Do you think Jodi Arias is guilty of murdering your friend, and if so, why do you feel that way?

TAYLOR SEARLE, FRIEND OF TRAVIS ALEXANDER: Yes, pretty much right from when we found his body, I had a very strong suspicion that it was her. Several weeks leading up to that point, he had been talking a lot how she was pretty aggressively pursuing him. And there was one instance where he called me up and told me that he had caught her breaking into his Facebook account. And he read back to me his response that he gave to her.

And it was a pretty harsh response saying that he couldn`t trust her anymore, and pretty much told her that he didn`t want to be her friend anymore and didn`t ever want to see her again. I just remember my response to him after hearing his response to her was, are you afraid she`s going to hurt you?

And four days, five days later, he goes missing and then we find him dead, and I -- that was the first thing to my mind is that, oh, my gosh, Jodi actually killed him. And so I`ve pretty much assumed it was her from the beginning and told police that right away.

VELEZ-MITCHELL: Yes, it`s such a bizarre case. And we`re all over it. Jodi had a bizarre explanation about the cheery expression on her face in her mug shot. Listen to this from This is weird.


ARIAS: I think I did a little tilt on my head and gave a little smile. I just want to address that, because I think that people don`t really understand, and the reason -- there are a few reasons I did that. One is, um -- one is, one of my first thoughts when I was actually being booked, I was a little like, wow, I see this stuff on TV all the time, it`s so interesting. It`s almost just like it is on TV.

And I thought to myself, you know, what would Travis do if he were in this situation? This is why I`m here. And you know, barring the fact that he would likely not get himself into such circumstances, he would be smiling. He would be, like, hey, you know? He would just flash this grin that he always does. So there was part of that.

And then also part of the fact that, um, I knew it would be all over the Internet, so, why not?


VELEZ-MITCHELL: Oh, my gosh, that is scary stuff. Is this girl excited about being famous or infamous? We`re going to do a psychological analysis of this defendant on the other side of the break.



UNIDENTIFIED FEMALE: Were you in love with Travis?

ARIAS: I think that being in love and loving someone are two different things and there was a point in time when we were in love but it was short-lived.

UNIDENTIFIED FEMALE: Why did you guys break up?

ARIAS: There was sort of a breach of trust in our relationship.

UNIDENTIFIED FEMALE: On your part or his part?

ARIAS: Both.

UNIDENTIFIED FEMALE: You couldn`t move past it?

ARIAS: No. We really couldn`t move past it.


VELEZ-MITCHELL: As I look at the defendant Jodi Arias who is accused of a horrific murder, I think shades of the Casey Anthony case, Dwayne Gates, criminal defense attorney out of Phoenix, Arizona. You have a pretty, very pretty, articulate, seemingly lady-like female defendant who is accused of unimaginable crimes.

DWAYNE GATES, CRIMINAL DEFENSE ATTORNEY: Yes, you do. You know, Jane, Jodi Arias is the poster child for why you don`t let your client go on TV, especially you don`t let your client go on TV unsupervised because her own statements are going to be used against her throughout this whole thing.

But you know she`s not without some defenses in this case.


GATES: Well, number one, the photographs. You mentioned that she`s a photographer. Well there`s two sets of photographs that were recovered from the camera. One set is of her and Travis Alexander having sex and being naked and those are all good pictures. The two pictures of the body, and it`s not proven that it`s Travis Alexander, I mean they are pretty sure it is, but those are bad pictures and she`s a professional photographer and would a professional photographer take bad pictures? That`s number one.

VELEZ-MITCHELL: Well, hypothetically, if you were shaking because you had just allegedly commit ad murder you might not be able to do the focus so well. I think you make an interesting point. We don`t want to convict her. She`s going to face her day in court. She has the presumption of innocence in court and here as well.

If her attorney wants to come on and talk to us, I`d love to talk to him.

But I want to go back to Taylor Searle. You`re a close friend of the victim, Travis Alexander. What about you creep this -- you`ve said that from the moment you met Jodi you got a bad vibe. Tell us about that.

SEARLE: Well, just the first time I met her it was at a social gathering at Travis`s house and I just got, kind of a bad vibe from her because she kind of staked a claim over Travis even though there was lots of friends there and it was the first time a lot of us had met her and she kind of established herself as Travis` girlfriend and he was hers and welcome to their event.

And it just kind of put me off that she was super possessive of him, and just from then, kind of didn`t get the best feeling from her and how she acted towards Travis.

VELEZ-MITCHELL: So you think she might have some psychological issues, yes or no?

SEARLE: Well, I mean, a very, very interesting element of this is as soon as the word spread around amongst all the friends that he was murdered, just the next day his Facebook profile was barraged with pictures of them two that she posted. I mean who murders somebody and then wants to jump in the limelight and kind of capture that space as his girlfriend by putting tons of pictures up of them together and just trying to get out as being the most grievous person. I mean who does that?

VELEZ-MITCHELL: Again she`s accused but this is a fascinating case because what makes this woman tick. What is she thinking to be so cheerful and so happy as she faces these very, very serious charges and is accused of doing something unimaginable? Did she have the strength to do it? Travis Alexander was a big burly guy.

On the other side of the break we have a couple more thoughts. Stay right there, because this trial we`re all over it.


VELEZ-MITCHELL: Yes. And Jodi actually won a singing competition behind bars. That says a lot.

Carol, California I understand you`ve had some contact this defendant. Tell us about it.

CAROLE, CALIFORNIA (via telephone): Yes. Hi Jane.


CAROLE: First, I love you. I watch your show whenever I can and I want to see you on "Dancing with the Stars". You would rock it.


CAROLE: I live in (INAUDIBLE) and that`s where she`s from. I was at the restaurant the day that the police came in and handcuffed her and took her out. She was a waitress at the restaurant. The whole town was shocked.

She was a sweet, soft-spoken girl that everybody loved. Was a great waitress and it`s hard for this little town to understand --

VELEZ-MITCHELL: Carol, we`re out of time. But we`re going to get you back.

Nancy next.