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Growing Outrage; Inside Newt Gingrich`s Marriage

Aired January 20, 2012 - 19:00:00   ET


JANE VELEZ-MITCHELL, HOST, ISSUES WITH JANE VELEZ-MITCHELL: We are uncovering some unbelievable secrets tonight. Growing outrage tonight as an Alabama fan is caught simulating a sex act on an unconscious LSU fan, all while a crowd watches and cheers him on. Now this video has gone viral. Was this just a boozy prank or could this man now face criminal charges?

And we`ll take you inside the secret life of a high-powered political marriage. Newt Gingrich fights back against his ex-wife`s claims that he wanted an open marriage. So who`s telling the truth? Tonight, we`re asking, is cheating a victimless crime?

Plus, teen moms across America are out of control. Reality TV is cashing in on the antics of these pregnant kids all over America. Tonight, I`ll bring you the unbelievable story of one teenage girl who says her life changed dramatically when she told her friends in school she was pregnant. You`ll hear her bombshell surprise.

We`ve got the latest details, right now.

UNIDENTIFIED MALE: It`s best described as a short brawl, fans of both teams taking on all comers.

UNIDENTIFIED FEMALE: It was pretty scary. Actually left a little bit earlier, me and my friends, because of the (inaudible). We didn`t want to get caught in the parking lot.

UNIDENTIFIED MALE: We were able to make an arrest in reference to this vicious, brutal beating of this fan.

UNIDENTIFIED FEMALE: This is definitely more than a bar brawl. What started out as a verbal altercation got physical.

UNIDENTIFIED FEMALE: He had sent a text to family earlier that night saying the crowd was getting unruly and scary.

UNIDENTIFIED FEMALE: To think that he came for a game, his first Dodgers stadium game, and then to be attacked senselessly?

UNIDENTIFIED FEMALE: Why on a packed opening day, two attackers shown in these police sketches, wearing Dodger attire, taunted Stow in the parking lot, struck him in the head and after he was on the ground, continued kicking him, yelling obscenities about the Giants.

VELEZ-MITCHELL: Breaking news. An arrest and a shocking video that has gone viral. An alleged sexual assault caught on tape after the college football championship. Good evening, Jane Velez-Mitchell coming to you from New York City. Tonight in New Orleans, secrets exposed. Nauseating behavior that years ago might have remained hidden from view, now caught on tape and shown to the world. Warning, this is disturbing, not appropriate for kids. In this clip that has now been seen by tens thousands or more online, Alabama fans surround a passed-out LSU fan. They pile stuff on him, garbage and containers and hamburgers. And they take pictures of him as he remains blacked out. This is as much as we are allowed to show you of this video because the rest is just too sexually graphic. One man then unzips his pants and, private parts exposed, climbs on top of the victim and simulates a sexual act right on top of the young man`s head. The guy is unconscious. New Orleans cops got wind of this video and issued an arrest warrant for the man who allegedly simulated that sex act. Cops identify him as 32-year-old Brian Downing of Alabama. Tonight cops say he turned himself into his cousin, the sheriff in his Alabama hometown. And tonight he is reportedly facing a charge of sexual battery and one count of obscenity.

We reached out to his attorney but did not get a response. But there are always two sides to every story. We welcome him or his attorney or both gentlemen on this program at any time. This very ugly incident reportedly took place just shortly after the two rival schools played for the all-important national championship in football. Thousands of fans from both schools converging on New Orleans for the game.

I want to go straight to my guest in studio, Dr. Dale Archer. You were at that game, describe for us the atmosphere on Bourbon Street in New Orleans, because, where all this happened is allegedly a bar on Bourbon Street.

DR. DALE ARCHER, PSYCHIATRIST: That`s right. Well, I`m from New Orleans. And so I`ve been there for Mardi Gras, I`ve been for New Year`s, I`ve seen it wild and crazy on Bourbon Street. I have never, ever seen the type of pandemonium that I saw after that game. It was absolutely crazy. and, you know, it`s to the point now where in order to celebrate a sporting event it seems like everyone feels they have to be completely annihilated drunk to be able to have a good time, because I didn`t see a sober person on the street. I`ll be honest with you.

VELEZ-MITCHELL: Everybody drunk and passed out. Well, the man who was the victim here is going through a very tough time. He does not believe that this was a harmless prank, not at all. Let`s listen to a little bit more of this video.




VELEZ-MITCHELL: OK, a man claiming to be the alleged victim that you see here called into a radio show saying he had blacked out on Jack Daniel`s and he now feels humiliated. His girlfriend will not even talk to him anymore. And we can`t say for sure that`s the victim, but this video has now been seen 48,000 times on one website alone. I want to go out to Timothy Burke, assignment editor for Tell us how this video went so viral.

TIMOTHY BURKE, ASSIGNMENT EDITOR, DEADSPIN.COM: Well, there`s a lot of videos any time that, you know, a major event happens and people get a little crazy. This was just one of those incidents where you know, rivalries especially in the Southeastern Conference and, you know, the SEC is very proud of, you know, its string of consecutive national championships in football.

And so, you know, when it comes to rival teams getting some sort of revenge on each other, you know, that sort of plays into the aspect of why this would go viral. It`s also -- you know, the debate over whether or not this is a sexual offense captured on video, and then, in turn, does this need to be prosecuted?

VELEZ-MITCHELL: Yes, I guess that this man who turned himself in is from Alabama, and he might actually be shocked that he is charged with anything. He`s not a college kid. He happens to be 32 years old.

Now, reports are he was managing a sporting goods store. A spokesman for the store says he was fired on Wednesday after the company saw this video.

Mark Eiglarsh, former prosecutor, a criminal defense attorney, what constitutes -- he`s going to be charged, according to the New Orleans Police press release, with one count of sexual battery, which is a felony, and one count of obscenity. So where does something go from a prank, something to be totally tasteless, into a criminal act?

ATTORNEY MARK EIGLARSH: Well, it depends on the prosecutor`s position, how they want to carry this out. What`s a juvenile, spontaneous act could cost this guy many years in prison. First, let`s talk about the obscenity.

Anytime a person exposes themselves in public like this, they could face up to three years in prison for that felony act alone. The sexual battery is the touching of his genitals to another person. That could subject him to up to 10 years in prison and mandatory registering as a sexual offender.

VELEZ-MITCHELL: What`s going on in the sports world amongst fans? Just a couple of weeks ago after a hockey game in Philadelphia, a New York fan was jumped by Philly fans. The victim here, an off-duty New Jersey cop who was also an Iraq war veteran who got a Purple Heart for bravery, he survived Iraq but he almost didn`t survive this encounter.

You can see him waiting in line when he gets jumped by a group of three men, all because he`s wearing a Rangers jersey and allegedly beaten so badly, Arnie Spanier, he needs surgery to repair the broken bones in his face.

The attacker faces -- the alleged attacker, facing charges of aggravated assault. So, Arnie Spanier, the host of CBS Radio 105.3 Dallas, you cover sports. Are the fans getting more violent or are we just seeing it because of the advent of the smartphones, where everybody is suddenly a paparazzo?

ARNIE SPANIER, RADIO PERSONALITY: No, Jane. They are getting more violent. I mean, I did national radio for over 10 years. And let me tell you something, the football down there in the South, it`s disgusting. Those fans, I mean it`s a bunch of (inaudible) down there that have nothing better to do with their lives than live off Alabama football, LSU, Auburn football. They poison their trees down there.

These guys are the lowest scum of the earth. This guy should be in jail. That is sexual assault. And let me tell you something, go to any ball game, go to any game out there. You can`t wear the opposing team`s colors. They come after you. It`s no longer a family atmosphere. You can`t take your little boy or little girl to a game.

VELEZ-MITCHELL: Yes. OK, I want to jump in --

SPANIER: It`s crazy.

VELEZ-MITCHELL: I want to jump in and say something. Let`s not -- two wrongs don`t make a right. Let`s not start disparaging people and calling them names either, Arnie Spanier. It`s something that you said -- excuse me, Arnie, I know you`re passionate. But something that you said is also offensive. And so I don`t know that it necessity contributes to the dialogue. Let`s not call -- let`s not stereotype people, let`s not group people together with terms like the one you just used. I think that`s offensive.

SPANIER: Jane, Jane?

VELEZ-MITCHELL: Well, come on now.

SPANIER: They use those words.

VELEZ-MITCHELL: I don`t -- I don`t care.

SPANIER: They use those words themselves, though.

VELEZ-MITCHELL: All right. We`re going to --

SPANIER: They use those words themselves --

VELEZ-MITCHELL: No, no, no, no, no. Look, look, I`ve got to bring in Dr. Dale Archer, psychiatrist.

The passion over sports is fine, but why has it gotten so ugly? Why have sporting events -- I`ve got example after example. I won`t have all the time to read them. We`ve got another one about the Raiders and the 49ers. Why has it gotten so ugly?

ARCHER: Well, the first thing I`ll tell you, Jane, is virtually all of these cases have alcohol involved in them. And one thing the New Orleans Saints have done at the Superdome is they don`t serve alcohol after the third quarter. So I think that there is a little bit of responsibility in these sports venues to say, you know what? If this is the type of behavior we`re dealing with, we`re going to cut the alcohol off, because every single case has alcohol involved with this violence.

VELEZ-MITCHELL: Well, I agree. And as a recovering alcoholic, you`ve got to wonder, maybe they should stop serving alcohol at all.

ARCHER: Maybe so.

VELEZ-MITCHELL: I know when I go to a rock concert or a pop concert, I`m not allowed to -- not that I would, because I don`t drink -- but nobody`s allowed to bring alcohol in there.

ARCHER: Exactly.

VELEZ-MITCHELL: Maybe they`ve got to take action if people are turning violent and wildly inappropriate.

ARCHER: Well, the emotions and the hormones are going and they`re real excited about their team. And then you put alcohol on top of that and your release their inhibitions, you`ve got a problem.

VELEZ-MITCHELL: Coming up, new revelations about the severed body parts found near the Hollywood sign. Police now know who the victim is. Could it be long before the identify the killer or killers? But first, more on this.

UNIDENTIFIED MALE: It`s hard to go into a killer`s mind to figure out what they`re trying to do, but this is -- it was found in a somewhat remote area off of the main trails and off even some of the secondary trails. So if the dog or whatever hadn`t disturbed it, you know, it might not have been found. So it was fortunate for us that the dog was up there.



UNIDENTIFIED MALE: My intention was potentially that he was going to have to be arrested here. I was prepared to put him in jail had New Orleans said, you know, we`ve got a warrant and he needs to be arrested.


VELEZ-MITCHELL: OK, the gentleman speaking is reportedly the sheriff of a town in Alabama and the cousin of the man who purportedly did this very inappropriate thing. Let`s show you more video of this individual who is now charged and could face a felony and a misdemeanor for allegedly being caught on tape, simulating a sexual act on the head of this man, who is an LSU fan, who`s purportedly passed out.

This is a night of parting -- a night of crazy partying following a huge game. The whole thing happened at a bar on Bourbon Street, and operative word "bourbon," we`ve been talking about how alcohol can contribute to all of this.

But, Dr. Dale Archer, if you were -- assuming that this is the man -- I never assume, even when it`s caught on tape. He`s accused, he hasn`t been convicted of anything. He`s invited on our show to tell his side of the story.

But assuming that he is the person indeed on the tape simulating a sexual act on the head of this young man who`s remaining anonymous, what would you tell him if he was sitting in your chair in the psychiatrist`s office about that behavior?

ARCHER: Well, I`d certainly want to talk about his sexuality. I mean, that`s the first thing that comes to mind because this is a pretty graphic expression of sex. And he`s doing this with a guy. So that`s the first thing I would wonder about.

VELEZ-MITCHELL: Hmm. Well, acting out.

ARCHER: Acting out absolutely. Because up until that point, Jane, it really wasn`t that big of a deal, up until the sexuality got involved. When they were putting trash on the guy and taking pictures of him, that wasn`t bad. That was a prank.

But once you take your genitals out and start, you know, simulating acts with another man for the camera, yes, there`s some issues there. So the alcohol, I think, was releasing the inhibition, but what`s underneath? That`s what I would talk to him --

VELEZ-MITCHELL: Yes, and this is all speculation. We have no idea what was going on. And the video doesn`t always tell the whole story. And so that`s why we say we invite the other side on at any time. We did reach out to the attorney for the man, who is now facing charges as a result of this incident.

Lynn Ann Arkansas (ph) -- we`re going to the phones. Lynn Ann Arkansas (ph), your question or thought?

LYNN ANN ARKANSAS (PH): Hi, Jane. Nice to talk to you again.


ARKANSAS (PH): That`s just crazy. But the sad thing is, if it`s on video, if they`re going to prosecute, that should be a slam dunk. But, unfortunately, in this country, what happens is the victim gets put on trial, not the perpetrator.

VELEZ-MITCHELL: Well, I think you`re absolutely right.

Mark Eiglarsh, former prosecutor, criminal defense attorney, a man saying he is the victim, called a radio station, saying he was very humiliated. This is going to probably haunt and taunt him for the rest of his life, unfortunately. And also the fact that this was all caught on tape, does make it a slam dunk for prosecutors, does it not?

EIGLARSH: I disagree, my friend with three names. In all sexual battery cases, even if it`s clearly obvious that this was not permission given by the victims to have someone put their genitalia on their head, they still need a live body, a victim to say, no, I did not give permission for that to take place. That is one of the elements of the sexual battery count.

So assuming they can`t find the victim and/or he is reluctant to come forward, then the best scenario for the alleged offender is the obscenity count, which is a lot less severe, no mandatory reporting requirement, and a lot more leeway for the judge to give him probation potentially.

VELEZ-MITCHELL: And let me say this. In a rare, rare, rare occurrence, I agree with you, Mark Eiglarsh.

EIGLARSH: Oh, my goodness, mark the day, Jane.

VELEZ-MITCHELL: Yes, yes, exactly. Where`s my calendar? Because the thing is, we don`t know the context of this video. And you could potentially argue it was all a prank and that everybody was in on it and this guy wasn`t really passed out. He was pretending to be passed out and he knew it was going to happen just like there are skits done on "Saturday Night Live" that might -- that might look, oh, like somebody`s doing something spontaneously but it`s all carefully rehearsed.

EIGLARSH: You don`t even have to argue it. The state has the burden of proof in this case, and they`ll have to come forward affirmatively and have that individual say I didn`t give him permission to do this. If they don`t have him, if that guy doesn`t come to testify, then they do not have that count.


UNIDENTIFIED MALE: I think you brought up a great point, that this could have been a bunch of Alabama fans who got an LSU shirt, put it on the guy and he pretended to an LSU fan passed out when in reality it was just Alabama getting back at LSU. So --

VELEZ-MITCHELL: Yes. You don`t know. And I think because it`s caught on tape there`s a certain sense of, oh, we know what happened and we don`t always know what happened.

In August, getting back to violence caught on tape involving sporting events, there was a violent outburst in San Francisco. There was a brawl in the stands during the game. Look at this. There was another beating reported in the restroom. Two fans were purportedly shot in the parking lot.

Getting back to Arnie Spanier, you cover a lot of sports. I don`t think that has anything to do with what part of the country we`re talking about. This incident is San Francisco, totally on the other side. Is there some kind of unfortunate trend toward acting out in violence because of the camera?

SPANIER: Absolutely. First of all, you`re right about that. I mean, violence is going on all over the place. And let me tell you something, where are the cameras catching these violence? Why aren`t we catching these criminals? And when did sports not become a family event?

You can`t take your daughter, you can`t take your son. You`d be too scared to go. It`s pure heck out there, Jane. It really is almost like a war zone when you go to a visiting game and you wear the other team`s colors.

VELEZ-MITCHELL: Sports is supposed to teach us about sportsmanlike behavior and team spirit. It`s not supposed to bring out a pack mentality. And, unfortunately, sometimes people are capable of doing things in a pack that they would never do if they were by themselves.

The pack kind of breeds a certain mentality that can be out of control, and, additionally, the alcohol. As a recovering alcoholic, I can tell you it`s a horrific combination, and this is a tragedy for everyone involved.

Coming up -- a secret explodes.


VELEZ-MITCHELL: Severed body parts discovered near the famous Hollywood sign in Los Angeles.

UNIDENTIFIED MALE: It`s hard to go into a killer`s mind, to figure out what they`re trying to do, but this is -- it was found in a somewhat remote area off of the main trails.

UNIDENTIFIED MALE: The women who found the head were walking their dogs and the dogs actually found the bag first, and began playing with it.

VELEZ-MITCHELL: Breaking news tonight, cops say they have now identified the victim in the gruesome dismemberment case. Of course, you heard about the discovery of this dismembered body, different parts, a head and two hands and two feet, in the glamorous Hollywood Hills near the home of Brad Pitt.

But they aren`t saying who this individual is, even though cops now know who the severed head belongs to. Now, last night we, right here, had an exclusive interview with the dog walker and she brought along the golden retriever, a rescue dog named Ollie, who actually found the severed head.


UNIDENTIFIED FEMALE: I was on the trail with my dogs. I had -- the dogs were sniffing around and he pulled away from me and made a beeline for an area under some brush. He was barking. He was digging.

A few minutes later, he had something in his mouth, which he immediately dropped. And it rolled down about 30 feet down the hillside into a ravine. And then I kind of cringed and said, it actually kind of looked like a skull.


VELEZ-MITCHELL: Cops have found that severed head, two feet, as well as two hands, all belonging to this very same victim. But even now that they`ve identified this man, cops still have not arrested a suspect, and they will not tell us who this victim is.

Straight out to Attorney Mark Eiglarsh, former prosecutor, I understand the whole idea of informing next of kin, but enough time has passed now. Is there another secret reason why they`re not telling us who this victim is?

EIGLARSH: Jane, the only thing I can come up with, and it`s a good reason as far as I`m concerned, is that it doesn`t help the investigation to release the name. And that makes you frustrated because you want to know. You have a right to know. You`re the media.

But I love it when they keep stuff close to the vest. That means that they`re maintaining the integrity of the investigation and doing what`s right for the investigation.

VELEZ-MITCHELL: And, meantime, they have discovered a torso in Tucson. You can`t make that up, a torso in Tucson, yes, 500 miles away, and they`re trying to figure out whether the two are connected.

We`ve got a caller on this story which fascinates so many people. John Missouri (ph), your question or thought, John (ph).

JOHN MISSOURI (PH): Yes. I`m just curious, why -- how does all of these people just come up, you know, being found? I mean, it just isn`t registering how this could happen without any knowledge.

VELEZ-MITCHELL: Well, I agree with you. This area of the Hollywood Hills, even though there are so many stars that live there, it is actually very remote. I`ve been there many times, I lived in L.A. for 18 years. It gets pitch black when the lights are off, even if there are big houses nearby.

So, Mark Eiglarsh, even though it`s right above Sunset Boulevard, not too far away, right near the Hollywood sign, it is actually a pretty good place to dispose of body parts.

EIGLARSH: Well, yes. In this case, though, I don`t think that the killer wanted these things to be hidden. It looks like there was an attempt for them be found. I went jogging in that general area last time I was in L.A., and there are numerous areas, if they really wanted to hide those things they could have. But it was right there to be found.

VELEZ-MITCHELL: Well, maybe that`s why they`re not revealing the identity of the victim. Maybe there`s something more to this. I got to tell you, we`re staying on top of this story. We`re all over it. And the next time we hear anything, you`re going to hear it.

Up next, Newt Gingrich`s fiery response to the scandalous claims against him. We`ll dissect it.



JOHN KING, HOST, JOHN KING U.S.A.: She says you asked her, sir, to enter into an open marriage. Would you like to take some time to respond to that?

FORMER REP. NEWT GINGRICH, R-GA., PRESIDENTIAL CANDIDATE: No. But I will. I am appalled that you would begin a presidential debate on a topic like that. The story is false.


VELEZ-MITCHELL: Marianne Gingrich spoke with ABC News. Take a look.


MARIANNE GINGRICH, FORMER WIFE OF NEWT GINGRICH: He was asking to have an open marriage, and I refused.


M. GINGRICH: Yes. That I accept the fact that he has somebody else in his life.

ROSS (voice-over): Newt Gingrich`s private life has been messy. He`s on his third marriage. He`s had two divorces. He`s also had affairs.

N. GINGRICH: We knew we`d get beaten up. We knew we`d get lied about, we knew we`d get smeared. Now people have got to decide, you know.


VELEZ-MITCHELL: Talk about firing back. The charge leveled by Newt Gingrich`s ex-wife claiming that Newt had asked her for an open marriage sparked an explosive reaction from Newt Gingrich himself. The man who wants to be your next president came out swinging last night at the start of a huge presidential debate.

But the real surprise was the crowd`s reaction. Now, (inaudible) review. Newt`s ex-wife, Marianne, who married him for almost two decades, has blasted her ex, claiming Newt wanted an open marriage so he could continue his six-year-long affair with his then-mistress, Callista, who went on to become his current wife, the lady standing by his side right there.

Now here`s what the ex, Marianne Gingrich, told ABC News.


M. GINGRICH: He was asking to have an open marriage. And I refused.

ROSS: He wanted an open marriage?

M. GINGRICH: Yes. That I accept the fact that he has somebody else in his life.


VELEZ-MITCHELL: After repeatedly saying he was not going to respond, Newt got infuriated when the topic of open marriage became the very first question at a key presidential debate on CNN last night, lambasting the media for focusing on what happens behind closed doors.


N. GINGRICH: Destructive, vicious, negative, I am appalled is as close to despicable is anything I could imagine. I`m frankly astounded.


VELEZ-MITCHELL: But it was the reaction of the crowd that really was wild. Take a look at this.


KING: Is that all you want to say, sir?

N. GINGRICH: Let me finish.

KING: Please.

N. GINGRICH: Every person in here knows personal things (ph).


VELEZ-MITCHELL: Newt got a standing ovation. Now, could that be a sign that the American people just think Marianne Gingrich is a woman scorned? Or do Americans simply not care about what politicians do in the bedroom?

Clearly it was a friendly crowd. I`m going to start with Evangeline Gomez, family law attorney. The cheers were not a scientific sampling of the nation`s opinion, but what do you make of Newt`s claim today what he does in the bedroom has nothing do with a presidential debate?

EVANGELINE GOMEZ, FAMILY LAW ATTORNEY: I think it`s a form of hypocrisy. It doesn`t have any bearing now, but when Bill Clinton was president and he had his relationship with Monica Lewinsky, Newt Gingrich was all over it. He couldn`t leave it alone.

He spent tons of taxpayer dollars, spent tons of taxpayer time, out on this witch hunt to expose this affair. Again, this is telling of his character flaw of being a hypocrite.

VELEZ-MITCHELL: All right. Well, ex-wife Marianne says Newt Gingrich had the nerve, the audacity to bring his mistress to their marital bed. Listen to this from ABC News.


M. GINGRICH: I found out during our conversations, that it was occurring in my bedroom in our apartment in Washington. And he always called me at night. He always ended with, "I love you." Well, she was there listening.


VELEZ-MITCHELL: OK, first part of the question, Ian Kerner, sex therapist, why would a man, if he`s having an affair, bring the mistress, allegedly, purportedly, to the marital bed, not once but many times? What on a subconscious level is he saying?

IAN KERNER, SEX THERAPIST: Well, I think he was looking to try and compartmentalize his emotions and sex. And people who want open marriages often are in sexless relationships. They have marriages that have problems.

But, for whatever reason, whether it`s emotional or financial or just a matter of convenience, they want to maintain the emotional relationship, they want to maintain the structure of the marriage, but they want to be able to have sex with other partners.

And in one way or another, that`s what he was trying to pressure, if the claims are true, that`s what he was trying to pressure his wife to do. But even proponents of an open marriage -- and I am not a proponent of an open marriage -- would say you don`t have an affair and then introduce the concept. You would try to introduce the concept before actually cheating.

VELEZ-MITCHELL: All right. Well, Dr. Dale Archer, here`s what I think concerns some people. It makes me think, six years, if the affair did go on for six years, with a woman who ultimately became his wife, that six years of saying, honey, I`m at the office, that six years of, really, to protect that secret, you can only protect that secret about by lying about where you are, with whom and doing what.

Now, what does that say, if you are telling the person that is supposedly your most intimate partner, an untruth for six years?

ARCHER: Well, two things. First of all, about the marital bedroom, having sex there is basically saying, I don`t care about my wife. I don`t care about your feelings. I don`t respect anything about you. And this a convenient place. So that`s number one.

Number two, clearly the biggest thing about an extramarital affair is not the sex. It`s the lying. And it`s impossible to carry on a long-term affair without lying, and lying a lot about where you are, what you`re doing, what your feelings are, on and on and on. So after six years, you know, at that point for him to introduce it, I think it`s almost a -- it`s time for us to get divorced and this is my reason.

But one other thing, what bothers me more than anything else about all of this is that he left his first wife when she had cancer and left his second wife when she had multiple sclerosis. So that`s just, in my mind, plain, downright mean. That`s mean.

VELEZ-MITCHELL: Well, I think it`s a healthy thing to discuss. I think we have to discuss it. It`s obviously -- this is like the trending story. You want to talk about stories that trend, and this is kind of how sometimes we decide what stories we`re going to cover. What stories are trending? If you look at it, this is trending. The open marriage subject, is -- everybody`s talking about it all over the Internet.

But why are we so fascinated and then we say, well, it`s none of our business? I think we have a dual opinion on it and I think we`re conflicted. And Evangeline, your thoughts.

GOMEZ: For one minute, I don`t believe this claim that he asked her for an open marriage. I`m a divorce attorney. I see this all the time from an ex-wife who harbors resentment, who has sour grapes because she was left for someone else. Typically what happens in these situations, realistically, she knows that he`s having an affair. She`s hoping that he`ll tire of the affair and return to her.

And that`s not what happened. So guess what, she decides she doesn`t want to give him the divorce. So what happens in that situation?

That`s when you see the man who says, OK, you have cancer, you just had a face-lift and you`re recovering, well, I`m going to leave. I`m going to treat you mean because, guess what, I`m not into you anymore and I want you to know that I want out and I want you to let me out of this marriage.

VELEZ-MITCHELL: Well, let me point out one other thing. Let me point out one other thing. Marianne, who`s making these accusations, was Newt Gingrich`s mistress reportedly when he was married to wife number one.

ARCHER: Yes, right.

VELEZ-MITCHELL: So karma kickback, people. Now, here, could Newt Gingrich`s favorite mantra be, hey, do as I say, not as I do. Back in 2010, Marianne Gingrich told "Esquire," Newt Gingrich believes that what he says in public and how he lives don`t have to be connected.

So there have been many cases of the rules apply to everybody but me. Remember Preacher Ted Haggard, he preached against homosexuality and campaigned against gay marriage and the he was caught purportedly having an affair with a man.

And so that to me, there`s a phrase in that, called reaction formation, where you create a smokescreen that is the exact opposite of what you are to throw people off. It`s like if I`m cheap I`m going to pretend I`m generous.

ARCHER: Right. And it`s because you don`t like that part of yourself that you put this public persona out there and that somehow shields and protects you from what you really are. But I want to talk about the crowd reaction real quick on that because the crowd supported him. That was an emotional reaction. They felt that he was being attacked and it was personal so emotionally they support him.

But when they go home at night and they start thinking over the next day or two, then it becomes a thinking reaction and I guarantee a lot of the support`s going to go away.

VELEZ-MITCHELL: Well, Ian Kerner, sex therapist, Marianne claims that Newt was once giving a speech about family values and then when he came home she confronted him about the affair.

Is that the kind of dynamic that is common in relationships behind closed doors, where a man who is very esteemed goes out and says one thing and then comes back and is dealing with that same issue behind closed doors?

KERNER: No. I think he`s being hypocritical. I think as a country we yearn for relationship role models, and we seek for our politicians to be relationship role models. And, you know, this is coming at a time, as you said, when monogamy is really being challenged.

There are a lot of books out there, there are a lot of articles that say we shouldn`t be strictly monogamous. We should be monogamist, more than monogamous, so monogamy is really being challenged.

And, you know, as an alternative to monogamy, most people like Newt will just basically go out and cheat and hope that they don`t get caught. So before you cheat, there is a place for maybe going to your partner and saying, hey, this isn`t necessarily working. What are we going to do? We`re stuck in a relationship that`s not working, but you don`t cheat first.

VELEZ-MITCHELL: Fascinating. I agree with you. I think timing is everything when it comes to these issues. Thank you, fantastic panel.

Up next, I am joined by a fascinating teenager whose shocking secret inspired a movie and a book. You won`t believe it. It is a stunner.

But first, I want you to enjoy our viral video of the day.




VELEZ-MITCHELL: A vicious brawl between two teenage girls.


UNIDENTIFIED MALE: This is two teen mothers who have children, and they`re fighting in the front yard.


VELEZ-MITCHELL: Breaking news about two infamous teen moms, kids with kids, fighting, getting arrested and getting pregnant again. This is Leah Messer from MTV`s "Teen Mom 2." She`s already got twin girls and now she confirms, yes, she`s expecting baby number three, this time with her new fiance. Three kids, two husbands and she`s only 19.

And this teen mom has twin mug shots. Janelle Evans from "Teen Mom 2" arrested not once but twice in the same week. Of course, Janelle is best known for getting into a nasty beat-down with another young mom right on the front lawn.



VELEZ-MITCHELL: And now to an entirely different kind of pregnancy bombshell. Last year when high school senior Gaby Rodriguez announced she that she was going to have a baby, she was carrying an enormous secret. It became national news. It inspired a Lifetime movie and a book. Here is a scene from the movie with Gaby, listening to some mean girls in her high school bathroom. Check it out.


UNIDENTIFIED FEMALE: Can you imagine going to prom pregnant?

UNIDENTIFIED FEMALE: They`re going to look ridiculous.

UNIDENTIFIED FEMALE: If they even go. I wouldn`t. I`d rather jump off the bridge than have people see me pathetic.

UNIDENTIFIED FEMALE: I`d rather be dead than pregnant.


VELEZ-MITCHELL: OK, there is a major twist to this story. It`s a secret. We`re going to get to it in a minute. Joining me tonight is the real Gaby Rodriguez. Gaby, first of all -- you don`t know why I`m high- fiving her. You will in a second. Tell us what happened when you told your friends you were pregnant. How did they start treating you differently?

GABY RODRIGUEZ, "THE PREGNANCY PROJECT": Well, some of my friends were really supportive and telling me that they knew how I was in school and that I was going to succeed forward. But other friends told me my attitude was changing and they didn`t know whether it was because of the baby or I was always this annoying and they never realized it.

And some said that I was irresponsible and I was going to be unhappy.

VELEZ-MITCHELL: Well, get ready, because here`s where the story gets crazy. Watch this incredible scene from the Lifetime movie where Gaby gets up in front of her entire school. And we`re going to do this without any background sound so we can hear everything -- and delivers a pregnancy bombshell.


RODRIGUEZ: The truth is, I`m not pregnant.


VELEZ-MITCHELL: Oh, my gosh! That`s right, Gaby was never pregnant. You just saw it. The actress took off her fake belly and shocked the entire school. And now Gaby, the real Gaby, has got a brand new book "The Pregnancy Project," which is also the name of the Lifetime movie which airs January 28th.

Congratulations. You`ve pulled off a lot. And how old are you?

RODRIGUEZ: Eighteen.

VELEZ-MITCHELL: Why did you decide to pretend you were pregnant? What was the message you were trying to send?

RODRIGUEZ: I was really trying to help teens realize the consequences of unprotected sex and also kind of be that strength for teen moms that end up in that circumstance, to not feel that it`s the end of the road and they can make positive decisions and still succeed in their education.

VELEZ-MITCHELL: Well, I would hope that your main aim is to discourage teenage girls from getting pregnant in the first place.


VELEZ-MITCHELL: Why? Why you? Why did you decide to do that?

RODRIGUEZ: Because my mom was a teen mom, and my three older sisters were teen parents as well, one of my four older brothers was a teen dad. And it was an issue in my family, and it was an in my community. And so I wanted to bring awareness to that.

VELEZ-MITCHELL: You are extraordinary. I love what you`re doing. Let`s watch another very important scene from "The Pregnancy Project" on Lifetime. Watch here as Gaby`s mom tries to convince her not to pretend that she`s pregnant.


UNIDENTIFIED FEMALE: Fake pregnancy? That`s not a school project. That`s just plain crazy.

UNIDENTIFIED FEMALE: What`s crazy is Jave (ph) and you and everyone telling me the terrible things that will happen if I get pregnant. Like I might as well dive headfirst into a toilet.


VELEZ-MITCHELL: All right. Now, who knew about your plan to pretend you were pregnant and walk around -- you literally went to school every day with a fake belly.

RODRIGUEZ: Yes. And only seven people knew, my superintendent, my principal, a teacher, my mom, my boyfriend, my best friend and my sister.

VELEZ-MITCHELL: Did you get any sense that any of the girls who saw this extraordinary -- I would call it undercover operation -- that it changed their attitudes about getting pregnant?

RODRIGUEZ: I would hope so. I feel that I learned a lot through this project and I wanted to show others what I learned as well.

VELEZ-MITCHELL: Now how did it change your life walking around -- like I know that they have sometimes projects where they make little girls or make teenagers hold little children and then the children realize how heavy the child is and how they can`t leave the child alone. What did you learn about the responsibilities of parenthood?

RODRIGUEZ: I learned so much, just even being -- just through the pregnancy, I had to constantly think of the future and even though I wasn`t really pregnant I still had to think of the baby and the future and the consequences of me dealing with the pregnancy and still wanting to go to school.

VELEZ-MITCHELL: I admire you. This is a huge problem in our country, kids having kids. And often the moms get into trouble, the dads are nowhere to be found. The kids get into trouble. I applaud you and I hope that parents and teenagers, especially teenage girls -- you listen to that -- don`t get pregnant!

Laugh of the day.




VELEZ-MITCHELL: Gut wrenching footage from an undercover investigation sending shockwaves through the U.S.

UNIDENTIFIED MALE: We`re talking about standard industry practices that are so inhumane.

UNIDENTIFIED MALE: In addition to these cruelties, we found malicious and sadistic abuse by workers.


VELEZ-MITCHELL: What are these people trying to hide? Why are they so desperate to keep cameras out of these factory farms?

Undercover investigation after undercover investigation, hidden cameras turning up what certainly appears to be horrific animal abuse in factory farms across the United States. The video you`re about to see is graphic, but trust me, we cannot show you the worst of it.

Now the agriculture industry is taking -- has taken steps in several states to try and make it a crime to take a photograph at a farm without written consent from the owners. Critics are calling it the ag gag bill.

UNIDENTIFIED MALE: Millions of animals who we raise and kill for food in our country each year are treated in ways that are simply horrific. And the meat industry`s response to these undercover whistle blowing exposes has not been to try to prevent the abuse that the animals are enduring, but rather to try to prevent the American people simply from finding out about that abuse in first place.

VELEZ-MITCHELL: Tonight the agriculture industry wants to tell their side of the story. So joining me now is Kay Johnson Smith, CEO and president of Animal Agricultural Alliance.

Thank you for joining us. Critics say you want to criminalize taking photos of farms because you don`t want people to see how farm animals are actually treated behind closed doors in today`s factory farms. Your response to that?


And in particular, the bills that have been introduced, they should be considered ag reporting bills, not ag gag bills because these bills actually require that anyone who witnesses or observes or has concerns about animal cruelty, it requires them to report that mistreatment immediately within a 12- to 48-hour period.

But report it to appropriate authorities, not sit on it, wait for months until the opportune time when it can be released on YouTube or through media shows.

VELEZ-MITCHELL: Well, I know that Mercy for Animals does take their investigations to the authorities, but I`m wondering how are people going to discover the animal cruelty if they can`t photograph it and get there and see it?

Well, here`s my thought. Let me just tell you how I see it. There`s roughly 9 billion farm animals in the United States. Many are kept in very crowded, tight pens, pigs are kept in tiny gestation crates. They have hardly any room to move around.

Calves are kept in crates that are very, very tiny to keep their flesh tender. Hens are kept in battery cages. The tips of their beaks are actually cut off so they don`t peck each other to death. Now what do you say to critics who call this institutionalized cruelty?

SMITH: Well, first of all, the videos that you`re showing are very much not typical of most farms and ranches across the country. Yes, there are bad actors in our industry, as there are in other industries, but 99 -- at least 99 percent --

VELEZ-MITCHELL: No, wait, wait, wait. Are you -- you`re actually saying to me that you believe that most pigs -- that most female pigs, when they`re gestating, are not kept in gestation crates, that most hens are not kept in battery cages, that they`ve eliminated those? Because there have been huge battles around the country over whether or not those forms of keeping animals, those pens, should be eliminated.

SMITH: Right, no, I`m not saying that at all. And today the majority of our food does come from hens that are kept -- or eggs come from hens that are kept in cages. And the sows are a very small portion of the pork industry. That`s not the pig -- the pork that goes to market does not come from the sows in stalls.

VELEZ-MITCHELL: However, if you have -- more on the other side.


VELEZ-MITCHELL: A Humane Society United States slaughterhouse undercover investigation resulted in the largest beef recall in U.S. history. And the USDA inspectors were right there as these horrific abuses occurred, and they didn`t see anything. So this -- these animals are not supposed to get into the food supply. So critics say that this concerns human health as well, Kay.

SMITH: Well, we do not condone any animal abuse. And I should say that first and foremost. And farmers and ranchers take their job very seriously. This is not just a job. It is a lifestyle. And they care very much for their animals.

They -- this is their livelihood and they are dedicated to the care and treatment of their animals. And most farms and ranches today have implemented policies that they have -- require all of their employees to sign codes of conduct, to agree to their policies, to carry out their policies.

VELEZ-MITCHELL: All right. Well, we`re out of time. But we`re glad we got your side. Thank you.