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Brand New Information in Missing Baby Case

Aired January 25, 2012 - 19:00   ET


JANE VELEZ-MITCHELL, HLN HOST: I, Jane Velez-Mitchell, live from New York City.

Tonight, brand new information in the missing baby Ayla Reynolds case. For the very first time, we`re going to hear from the best friend of the baby Ayla`s mother. And she has a lot to say about this investigation. And Ayla`s dad who was watching this child when she vanished.


VELEZ-MITCHELL (voice-over): New secrets uncovered in the mysterious disappearance of baby Ayla. Did Ayla`s dad question if he`s even really the father right before the child went missing? And who were the other people in the house the night she vanished? For the first time tonight, we`re going to hear from mom Trista`s best friend live.

Also, has Drew Peterson gone from accused murderer to the newest celebrity? Almost six million Americans watched hunky Rob Lowe play the former cop accused of murdering wife number three and suspected of killing wife number four, all in a made for TV movie. How can there be a fair trial now? Drew Peterson`s attorney joins me, live.

Plus, the secrets behind Hollywood A-lister, Demi Moore`s hospitalization. Her rep insists she`s just exhausted. But, others claim she is struggling from substance abuse in anorexia with her marriage to the much young, Ashton Kutcher, shattered. Is Demi, facing a cold new reality?

UNIDENTIFIED MALE REPORTER: There`s no sign of the 20-month-old toddler whose father says vanished in the middle of the night from her grandmother`s home.

UNIDENTIFIED MALE: She was last seen wearing green pajamas with white polka dots that said daddy`s princess.

UNIDENTIFIED MALE: Her father, Justin DiPietro, says the next morning she was gone.

UNIDENTIFIED FEMALE: Searchers scoured several blocks surrounding Ayla`s home.

UNIDENTIFIED FEMALE: I want to pick her up and hold her. And I just want to tell her, she`s going to be OK.

UNIDENTIFIED FEMALE: I would give everything I own if we could have her back. Please bring her back. Please.


VELEZ-MITCHELL: Breaking news tonight, in the missing baby Ayla Reynolds case, this precious child vanished more than a month ago, and now the best friend of the mother is coming forward here with new information on this case and inside information on the parents.

Ayla`s dad said he put her to bed at about 8:00 at night, Friday, December 16th and said night and she was gone from her crib the very next morning. Cops won`t say much about the night Ayla vanished, only that several adults including one or two non-relatives were at the house. There have also been rumors about a party at the house that night. Ayla`s dad told NBC`s "Today" show, he would never hurt his daughter.


JUSTIN DIPIETRO, AYLA REYNOLD`S FATHER: As far as I know there was never any concern. She -- we both agreed that me having her at this point in time was the breast thing for her.

UNIDENTIFIED MALE: What do you think people should know about you and about your relationship to your little girl?

DIPIETRO: I can tell you what I`m not. I love my daughter. I would never do anything to harm my daughter.


VELEZ-MITCHELL: Well tonight, there were new questions about Ayla`s paternity, was her father, Justin DiPietro, doubting whether he was Ayla`s father.

Right near the time of her disappearance. I want to hear from you. Call me, 1-877-586-7297. Straight out to my exclusive guest, Amanda Benner, the best friend of Ayla`s mom, Trista Reynolds. Thank you so much for joining us, Amanda.

Trista asked you so be little Ayla`s godmother. You were in touch with the missing child`s mother, Trista, daily. What is it, first of all, that you very much want to get out there about little Ayla`s disappearance, Amanda?

AMANDA BENNER, AYLA`S GODMOTHER (via telephone): I`m sorry, the phone is really bad reception.

VELEZ-MITCHELL: What do you want to say about Ayla`s disappearance? What do you want to get out there?

BENNER: I guess just that I hope she returns safe and that she`s OK, and that she`s being fed and just all in all taken care of.

VELEZ-MITCHELL: You believe this child is still alive?

BENNER: Am I worried?

VELEZ-MITCHELL: Do you believe she`s alive?

BENNER: Well, honestly, I want to believe she is. But, all the time that`s passed and all the history of her getting hurt and what not, I do fear something may have happened to her. But I can`t really say on how I feel -- like if I think she`s alive or not. Because I don`t know. I just hope and pray that she is.

VELEZ-MITCHELL: We all do. We all do. And I know you have some information to give us tonight. There are a lot of people that were in Ayla`s house the night she vanished. Little Ayla`s paternal grandmother even changed her story about whether she was at the house that night. Listen to what she said first.


UNIDENTIFIED FEMALE REPORTER: You didn`t hear any noise?

UNIDENTIFIED FEMALE: I didn`t hear anything.


VELEZ-MITCHELL: OK. What did she say? Listen to it again.


UNIDENTIFIED FEMALE REPORTER: You didn`t hear any noise?

UNIDENTIFIED FEMALE: I did not hear anything.


VELEZ-MITCHELL: The truth is, Ayla`s paternal grandmother was lying when she said that. Because after that, she admitted she was not in the house the night her granddaughter vanished. Why the big mystery over who was in the house. We know Ayla and her father Justin were there. Some reports claim, his adult sister and her child was there as well as his girlfriend and their child. We can`t confirm any of that.

Amanda, do you know who was in the house the night Ayla disappeared? I don`t want names, but do you know who was at the house?

BENNER: From my understanding it was Justin and Ayla, Justin`s sister, her child and Justin`s girlfriend and her child. And from my understanding, Ayla and her baby cousin were in the same room together. That`s where they slept every night. I`m not sure about the girlfriend`s child. And as far as I know, that`s what I`ve heard from the news and what not, who was there.

VELEZ-MITCHELL: Right. We actually have video to show you of little Ayla playing with her toddler cousin, OK. And Ayla`s dad claims he put her to bed at 8:00 p.m. and then calls police the next morning at about 9:00 to report her missing. There are the two little kids playing now.

I want to ask you, Amanda. Do you have any idea why an intruder would take one child and not the other?

BENNER: That is what I keep asking myself. I don`t understand how one child would be taken, and not, neither of the other children. As well as, it`s the middle of wintertime. Nobody in their right mind has their windows open where they could open up a screen and take a child. In order for someone to get into this house, they would have to bust through a window. They would have to go through a door. They would have to make some sort of noise to get to this child.

VELEZ-MITCHELL: Amanda, to your point, is there was no sign of forced entry, OK? And a neighbor heard a wild noise that woke up her dog at about 3:30 in the morning. What does Trista, the missing child`s mother, your best friend have to say about that?

BENNER: She doesn`t know how to feel, what to think. She`s been pulled every which way. She`s extremely devastated. I mean, she was the only one to care for this child for all of her life until she needed to go and seek help. Which she also - in the sense that she`s never left Ayla`s side. Ayla didn`t stay nights away from her. So --

VELEZ-MITCHELL: Well, Amanda. Let me ask you about that very briefly. The reason why the dad had the child was that Trista went into rehab. Look, I`m in recovery, 16 years, will be 17 years in April hopefully from alcoholicism. I`m a recovering alcoholic. I admire Trista for going into rehab. When you have a problem, you do something about it.

How long was she, in rehab, and what was the substance she was getting treated for?

BENNER: I believe she was in there -- I want to say ten days, only because in Maine there`s no long term rehab you can be in the first place. She placed both of her kids with her sister.

VELEZ-MITCHELL: What was her substance?

BENNER: Her substance? Mainly alcohol to my knowledge. She had a difficult time being alone and raising two kids, and, you know, what not. She does alcohol.

VELEZ-MITCHELL: Amanda, is she sober now?

BENNER: Yes, she is sober. I`ve seen her a couple different times since all of this has happened. And she is nothing but sober. She`s just trying to stay strong. I mean, --

VELEZ-MITCHELL: Well, I admire her for that. And to the worst circumstances to stay sober under is astounding because this is got to be a test.

Amanda, I know she is upset that some people have pointed the finger at her. How far away was she at the time of her daughter`s disappearance?

BENNER: She was miles away. I mean, she was in Portland or South Portland and I`m not sure where she was at that point in time, at that very moment. But she was in South Portland. That`s where she was staying. She had no vehicle. She has no means of getting there. Justin wouldn`t allow her, you know, to see Ayla. And there`s no way at all -- I would bet my life on it, that Trista had nothing to do with any of this. And that`s what`s frustrating, as everyone is saying things about her. Everyone is talking about it, and it is -- I mean, if Ayla went outside with her shoes off, Trista was upset, because she was worried about getting a disease.

VELEZ-MITCHELL: Did you ever see the little girl, Ayla, with bruises after coming home from being with her father?

BENNER: Her mother and everyone that was there had seen the bruises. It was supposedly that, you know, she wasn`t being watched closely in the ball pit. And for my understanding there hasn`t been ball pits in chuck cheese bird at least over a year.

VELEZ-MITCHELL: Alright. We`re going to take a brief break. Amanda, stay right where you are. We have more questions to ask you about the paternity issue and we`re taking your calls. 1-877-JVM SAYS. 1-877-586- 7297.

Later, accused white killer Drew Peterson gets the lifetime movie treatment, the ratings through the roof even Drew watched it. And we are going to tell you what Drew said. And we are going to talk live to Drew Peterson`s attorney about whether this is going to mess up his upcoming murder trial.


UNIDENTIFIED MALE: I had no idea on what any of this talking about --

UNIDENTIFIED FEMALE: He wants to touch you. He said he believes he helped you dispose of your wife`s body.




UNIDENTIFIED FEMALE: And he waited almost 24 hours to bring her to the emergency room. I want to know reasons to why -- why do you wait almost 24 hours to bring a child who -- he told me himself she screamed bloody murder when they fell. Do you wait almost 24 hours to go have her checked out?


VELEZ-MITCHELL: Ayla`s dad was criticized when he didn`t immediately make a public plea, hey, we want to find my missing daughter. When we didn`t immediately reveal who was in the house. He tried to fix that by going on NBC`s "Today" show. Watch.


DIPIETRO: Initially the first few days I was emotionally incapable of coming out to do an interview. And I had been advised that by coming on doing an interview by law enforcement it could possibly hinder the investigation. And I`m here to help in any way I can.


VELEZ-MITCHELL: We`ve tried to reach Justin DiPietro without success, he or his representatives invited on the show any time. We want to be fair, we are talking to Amanda Benner, an exclusive interview. She`s baby Ayla`s godmother, and the best friend of the baby Ayla`s mom, Trista.

Amanda, you have you information you say about the paternity issue with Justin, that he questioned the paternity, that he took some kind of -- or demanded a paternity test, what do you know?

BENNER: When Trista first got pregnant she was actually staying with me. She had gone to see Justin and told him she was having a baby, and that it was his. He denied it. They ended up having to get a DNA test through DHS, which proved he was the father of Ayla. And then he continued on having nothing to do with her.

He was at one point going to go and sign his rights over to her. He wanted absolutely nothing to do with this child. And it took until the point that Trista was like, fine, if you`re not going to be there for her, and you want nothing to do with my daughter who you created, this amazing little girl, then, you know what, fine, sign your rights over. And as soon as she said that.

VELEZ-MITCHELL: Amanda, why do you think he then moved in to take the child when Trista was in rehab?

BENNER: I don`t know. A couple months before she was going to go into rehab, he started all of a sudden wanting to have something to do with Ayla, for what reason I have no idea. He would take her, you know, once in a while for a couple hours during the day and would return her back to Trista. She didn`t even have her for any amount of time until all of that had happened.

VELEZ-MITCHELL: Amanda, I want to ask you to hang on. I want to bring in some of the experts we have lined up to help find Ayla.

Mike Brooks, HLN law enforcement analyst. We`re hearing, this is one side of the story. But, Amanda Benner, the best friend of the mother of the missing child saying, this guy didn`t want any part of this child. And that the child often returned with bruises. And now we don`t even know at this point. So far, so many -- she disappeared December 16th, we still haven`t gotten a straight story out of who was in the house that night.

MIKE BROOKS, HLN LAW ENFORCEMENT ANALYST: No. First of all, yes she returned with bruises, did anybody report it, Jane? If you don`t report it to the facts, then there`s no report of it. Then the state gives the little to him while she, the mother is in rehab.

And yes, and you know, Justin DiPietro, he is the key to finding out what exactly happened that night when he put that little girl down at 8:0 p.m. You`re going to tell me that he didn`t go in to check on her from 8:00 p.m. until early the next morning? Maybe 8:00, and then 9:00 when he called law enforcement? I find that hard to believe that this little girl didn`t want to get up before that. He goes in, she`s gone? I`m not buying the whole story.

VELEZ-MITCHELL: I don`t buy it either. You check on a kid that age 20 months every couple minutes. Phone lines are lighting up. Dawn in Washington, your question or thought, Dawn.

DAWN, CALLER, WASHINGTON: Hi, Jane, how are you?


DAWN: I have a question. I was wondering, is there any way the father may have taken the little girl and hid her somewhere to stop the mother from getting custody?

VELEZ-MITCHELL: Well Seth Koenig, you`re a reporter with the Bangor Daily News joining us on Skype. Ayla`s dad took a polygraph and instead he smoked it. What do you know?

SETH KOENIG, REPORTER, BANGOR DAILY NEWS (via Skype): The issue of the polygraph has been hard to pin down. He said initially that -- this is Justin, had told reporters initially that the police didn`t tell him how he did. The police have said that they did tell him how he did. But neither Justin nor the police have been terribly forthcoming about it.

VELEZ-MITCHELL: Alright, more in a moment. Go to this bizarre video in a minute.



TRISTA REYNOLDS, AYLA`S MOTHER: I want to have a baby. I was just -- I was happy and sad and -- I think I had every emotion that a mother has. I was - my biggest thing though is like the time that he has step in on me, scared.


VELEZ-MITCHELL: And the Bangor Daily News obtained that interview with missing child`s mother.

Now, I want to go back to Amanda Benner. This is our exclusive interview with baby Ayla`s godmother and the best friend of the missing child`s mom. Baby Ayla`s mother started to take a polygraph, but she could not complete it because of a medical condition. Tell us about that. What`s the medical condition that stopped Trista from completing her polygraph?

BENNER: I have no idea what they were referring to. I didn`t get into any of those details with Trista.

VELEZ-MITCHELL: OK. And I know that you wanted to make a point about, so much has been said about the fact that she went into rehab, and she had a problem with substances. But your point that I believe you wanted to make, is that you feel she`s a very good mother. Tell us.

BENNER: Trista is one of the best mothers I have ever met. My -- I personally have a daughter that is almost six years old that Trista has done nothing but help me out with, care for, watch while I`m at work. And, you know, she`s a great person. The kids in general, let alone, her own kids.

VELEZ-MITCHELL: How is she holding up?

BENNER: She`s -- I mean the best she can. She`s devastated. Every day I call her, she doesn`t know what she`s doing at that moment. She`s like, you know, I`m not making plans. I`m not doing anything. I`m living minute to minute. You know, she`s trying to be strong for her son, for Ayla, herself, and, you know, on top of trying to stay sober, honestly, I don`t know how she does it.

VELEZ-MITCHELL: Well, we wish her the best. And I really hope that she does stay sober, because she needs to be sober in this extraordinary time.

Jayne Weintraub, criminal defense attorney. What can cops do to bust this case open? We`re at a stalemate.

JAYNE WEINTRAUB, CRIMINAL DEFENSE ATTORNEY: Well, unfortunately, because we`re looking at a baby that`s missing and it`s been so long a period of time, the cops can`t do anything, Jane. They can`t force someone to speak. They can`t force somebody to tell them information that they don`t have or they refuse to give. The only medical condition I can think of that would interrupt a polygraph would be drug usage, alcohol usage being detected while being polygraph and they would have to stop. And they would know that from the heartbeat.

VELEZ-MITCHELL: Well, or if she were pregnant. Amanda, could she be pregnant?

WEINTRAUB A pregnant person should not take a polygraph. I don`t think a certified polygraph tester would test someone who is pregnant.

VELEZ-MITCHELL: Well, I want to say this. Trista, I know you are watching. Our hearts go out to you and we would like to talk to you. You know how reach our booker. Please, give us a call because we would like to talk to you.

Very briefly, Brenda in California, your question or thought.

BRENDA, CALLER, CALIFORNIA: Hi, Jane, how are you?

VELEZ-MITCHELL: You have a quick thought, Brenda?

BRENDA: Yes, ma`am. I`m wondering, why is it the dad is not cooperating? Has not shed tears or anything? That to me.

VELEZ-MITCHELL: Well, guess what, you`re wondering what everybody is wondering. We want to know, and we`re not going to stop.



UNIDENTIFIED MALE: Drew Peterson appears to savor the attention even if the subject matter was so disturbing. The former police sergeant has been married four times, but it`s the mystery over the last two Mrs. Petersons that have put him in the spotlight.

UNIDENTIFIED MALE: Drew Peterson, the man certainly loves the cameras, right? Former police sergeant now on trial for murder, he`s accused of killing his wife.

DREW PETERSON, ACCUSED OF KILLING WIFE: I`m a police officer, and I don`t work for the phone company or the power company. And as a police officer, we don`t have the same ability to do things as the common person.

UNIDENTIFIED MALE: The story is fascinating; it`s been now made into a TV movie; and in the starring role -- actor Rob Lowe.

UNIDENTIFIED MALE: If they knew the facts about me, they would know there`s no way I could be involved in any crime.


JANE VELEZ-MITCHELL: Drew Peterson -- accused killer or superstar? Millions watched his story that just aired in Lifetime Movie. But is this fame giving him star status or is it ruining his chance of getting a fair trial?

Good evening. Jane Velez-Mitchell coming to you from New York City, live.

Tonight, new questions arrive in the case against Drew Peterson. His defense says this movie may prevent him from getting a fair trial. The movie aired on Lifetime, set record ratings. It was watched by almost 6 million Americans, so popular, it will re-air this weekend. Producers got A-List actor Rob Lowe to star as Drew Peterson himself.

Take a look.


UNIDENTIFIED MALE: Stacy Peterson the young Illinois mother vanished last October.

UNIDENTIFIED MALE: Results of the autopsy came back with the cause of death being accidental drowning.

UNIDENTIFIED FEMALE: Her husband, Drew Peterson is now considered a suspect.

UNIDENTIFIED FEMALE: He needs to be arrested.

ROB LOWE, ACTOR: Any time you`re under a microscope, people only want to see the negative. If they knew the facts about me, they would know that there`s no way that I could be involved in any crime.


VELEZ-MITCHELL: So will this movie taint the jury pool if six million people watched across the country and many more saw the flick online? Could the trial be moved anywhere to get an impartial jury?

We have on the line with us right now, Tom Peterson, the son of Drew Peterson. Tom, thank you for calling into our show; we very much appreciate talking to you. What was your reaction? Did you see the movie, and what was your reaction to it?

TOM PETERSON, SON OF DREW PETERSON (via telephone): I`m sorry, could you say that again?

VELEZ-MITCHELL: Did you see the movie, and what was your reaction to the movie?

T. PETERSON: oh, my gosh. Yes, Lifetime overdid it this time around. But I mean, it`s like something you`re going to expect with a typical Lifetime move. I mean you have a suave guy who comes in, he`s all good and doing goodwill for everybody. And then by the end of the movie, you have horns coming out of the side of his head.

It`s like, yes, they -- with the movie, they really portrayed my dad as being more sinister than he actually is.

VELEZ-MITCHELL: Well, with all due respect, Tom -- and obviously you`re a son, who loves your father and that`s understandable -- he is charged with the murder of one wife and suspected in the disappearance of another. They certainly did make him sound guilty in the movie, even though they didn`t take it to a conclusion -- we don`t know what the conclusion is. He hasn`t gone to trial yet.

Do you feel Tom it has ruined your father`s chances for getting a fair trial?

T. PETERSON: I`m sorry. I`m having trouble hearing you?

VELEZ-MITCHELL: Do you think this movie has ruined your father`s chances of getting a fair trial?

T. PETERSON: Yes, I`m sorry. This is a bad audio or something going on.

VELEZ-MITCHELL: Ok, we`ll work on that a little bit. I`m going to bring in somebody Joel Brodsky, the attorney for Drew Peterson. Now, Joel, thank you so much for joining us tonight.


VELEZ-MITCHELL: I understand that you actually watched this film with Drew Peterson behind bars, which that`s got to be a surreal experience.

Let`s take a look at another scene, Rob Lowe as Drew Peterson and then we`re going to analyze on the other side, from Lifetime.


LARRY KING, FORMER TALK SHOW HOST: You`re watching "Larry King Live" here in Los Angeles. Drew Peterson, who is a suspect in the disappearance of his fourth wife Stacy and still a question mark over the death of his third wife -- why did you come here Drew?

LOWE: I wanted to talk to you and maybe clear up some misconceptions in the public.


VELEZ-MITCHELL: All right. You know, this was a huge ratings buster. Joel Brodsky, the attorney for Drew Peterson, he`s charged with killing wife number three, Kathleen Savio found bed in the bathtub, originally ruled accidental then after wife number four disappears, they reopened that case and now they say that wife number three was murdered by Drew. That`s what the prosecution says and he hasn`t been charged in the disappearance of wife number four, Stacy Peterson. Do you think this is going to ruin your client`s chance of getting a fair trial?

BRODSKY: Well, I hope not. Once both Stacy Peterson`s family and Kathy Savio`s family have all come out and said the movie is so inaccurate, it`s laughable. So I think that, you know, we`re all in agreement that this movie bears no resemblance to the reality of a situation. It`s merely a Hollywood entertainment. It`s not a docu-drama or documentary. And anybody that thinks a Lifetime movie is an accurate portrayal of the facts probably shouldn`t be on a jury in the first place.

VELEZ-MITCHELL: So you don`t have a problem --

BRODSKY: But it will present a problem --

VELEZ-MITCHELL: You don`t have a problem with that.


BRODSKY: Well, I have a problem with them portraying my client as guilty before he`s had his day in court. And I -- where obviously it`s going to create difficulties in picking a jury, I hope it doesn`t prevent us from picking a fair jury, it may. But I think that people -- you know, intelligent people that really look at this are going to understand that this is just Hollywood. It`s entertainment.

And everybody from the Savio family to Stacy Peterson`s family, and Drew Peterson all agree that this movie is no -- bears no resemblance to the facts of what occurred in the life of Kathy Savio, Stacy Peterson, or Drew Peterson.

VELEZ-MITCHELL: Yes, I hear that they have, for example, a scene where one of the sons walks in on Drew having sex. They say that never happened.

But let me ask you this. You`re watching this film with Rob Lowe, a very handsome guy, portraying Drew Peterson who`s behind bars awaiting trial for murder. You`re sitting next to Drew Peterson. How surreal is that and what was Drew Peterson`s reaction? I understand he was laughing. He thought it was hysterical?

BRODSKY: Well, you now, not hysterical in a funny way. But hysterical in just that it was so inaccurate. I mean Drew uses humor -- he laughs at things that are serious. He`s always used humor in his life when he gets under stress or serious things happen. That`s how he uses his humor.

And he just was laughing at its inaccuracy, laughing at how foolish it was, you know. That it was just all made up. Things -- they put people together that never saw each other, they created situations that never occurred. It was all just created out of whole cloth as they say.

VELEZ-MITCHELL: All right. We have some callers who want to ask some questions.

Kathy, Pennsylvania, your question or thought Kathy.

KATHY, PENNSYLVANIA (via telephone): I was wondering, how long after her sister died did they find her missing?

VELEZ-MITCHELL: Let me back up a little bit. You have wife number three who dies in a bathtub, which the prosecution says was a dry bathtub. Some critics have said because Drew Peterson was a cop, they didn`t really investigate it the way they should have.

And then after wife number four disappears they go back and they exhume wife number three`s body and then they decide it was murder. They made a big mistake.

Now, let me ask you this question Joel. The Illinois Supreme Court is just saying cameras can be allowed in the courtroom. Do you think that cameras should be allowed? Because this is a real possibility right now; do you think cameras should be allowed into the upcoming trial of Drew Peterson?

That certainly could be watched by millions. Do you think that`s going to deprive your client of the chance for a fair trial? Or will he like --


BRODSKY: Well, I absolutely think that cameras should be allowed in the courtroom because people are going to ask, how was he acquitted? Why wasn`t Drew Peterson convicted? And they`re going to see when they --

VELEZ-MITCHELL: You`re assuming that he`s going to be acquitted. We don`t know that.

BRODSKY: I know he`s going to be acquitted because what they`re going to see when there`s cameras in the courtroom is that there`s absolutely no evidence that Drew Peterson had any connection with Kathy Savio`s death. They`re going to see that world-renowned experts are going to say that she died in a household accident. When they see that on the camera, they`re going to understand the truth of the matter and they`re going to understand why the jury`s going to acquit him.

VELEZ-MITCHELL: Well, let me tell you. Prosecutors want to use a whole bunch of hearsay statements which basically normally are not allowed in court. But these are statements from the deceased woman and they describe Peterson as aggressive and threatening. And in fact, there`s been a law called Drew`s Law that`s been created so that normally inadmissible statements can be admitted if the person who made that statement has been wiped out. It`s actually called Drew`s Law. Do you think that`s going to bite you for lack of a better word, Joel?

BRODSKY: Well, that`s before the appellate court right now, we`re waiting for their decision. But what I always find interesting, is the trial judge in that case, throughout the majority of the statements, because he found them to be unreliable. How can you allow unreliable statements in a trial to convict somebody of a murder? It`s insane.

These statements, not only are they hearsay, but they`re unreliable hearsay. So I you know, I really don`t see if they have any place in an American courtroom. And I hope that the appellate court agrees with me on that.

VELEZ-MITCHELL: Let me just say this. See that man you`re looking at right there. If they allow cameras in the courtroom for the trial of Drew Peterson, he`s going to become a household name and face. You already are sort of, Joel, but you`re going to become even more well-known. Maybe that`s one reason why you want to have cameras in the courtroom.

BRODSKY: I hope not. I hope not.

VELEZ-MITCHELL: I wish you well. It`s great talking to you. Please come back soon. Ok. I never associate the lawyers with the clients. I think you`re a great lawyer.

Next, wild new claims about what`s behind Demi Moore being raced to the hospital. You will not believe the latest developments, a team of Hollywood script writers couldn`t make it up. 1-877-JVM-SAYS.


VELEZ-MITCHELL: I don`t know about you, but I find it hard a lot of times to get to the gym. And once I`m there I`m thinking wait, I drove a mile to get to the gym and now I`m walking a mile on the treadmill. Why didn`t I just walk?

The fact is that just getting out of the house and walking, setting a destination putting one foot after the other is great exercise. And you can take along one of these re-useable containers so you can get liquids and not hurt the environment. Think about it.




VELEZ-MITCHELL: Demi Moore has been rushed to the hospital.

DEMI MOORE, ACTRESS: It`s a harsh look at a reality that has affected us all.

UNIDENTIFIED FEMALE: Demi Moore is apparently getting treated for health issues. Her rep said it`s related to stress.

MOORE: I am looking forward to an evening of good stories and good laughs.


VELEZ-MITCHELL: New revelations tonight about Demi Moore`s medical battle. This is a story that broke during our show last night, Demi Moore hospitalized. Was it for substance abuse?

Is she in rehab? Look at this. It`s new video of Rumer Willis outside the hospital where Demi is being treated. She`s smoking and clearly very agitated. Our hearts go out to her. But now we learned about two weeks ago, Demi was out partying with Rumer until all hours of the night at a Los Angeles.

Still a mystery is why Demi was rushed to the hospital? Her rep told us "because of the stresses in her life right now. Demi has chosen to seek professional assistance to treat her exhaustion and improve her overall health." But other reasons keep surfacing. Different reports claim Demi had a seizure, she`s anorexic, she`s in recovery from substance abuse. I don`t know.

"People" magazine even says Moore`s prescription drug use was a contributing factor to the end of her marriage to Ashton Kutcher. Just listen to what TMZ said last night.


MIKE WALTERS, NEWS MANAGER, TMZ: Exhaustion and dehydration are sometimes terms used by representatives of big celebrities to kind of say, listen we don`t really want to say on the record that it`s alcohol, or pills or hard illicit drugs.


VELEZ-MITCHELL: Meanwhile, sources say Demi`s ex, Ashton Kutcher, has been partying in Brazil. There are photos, he`s posted to Twitter in the past few days. Sources say he`s hanging out with girls half Demi`s age or younger. How is that affecting Demi`s self-image? Call me, 1-877-586- 7297.

Straight out to Mike Walters from TMZ; Mike what are you hearing tonight?

WALTERS: Well, Jane, we finally found out what substance Demi Moore was using when hospitalized on Monday night. And that is nitrous oxide.


WALTERS: And believe me I couldn`t make this up if I tried. We`re told that Demi Moore, the friend that was in her house who called 911, told EMT workers that she had been doing whip-its. And Jane a whip-it is a street name for nitrous oxide inhalers that people crack open and inhale to get high.

And I haven`t heard this term since I was in high school Jane, but this drug is not commonly used. We are told that Demi Moore had a negative reaction to inhaling nitrous oxide, and the seizure-type symptoms that was from this drug, the reaction, scared the friend enough to call 911. That`s why she was transported. And like I said I have not heard that term in a lot of years. But nitrous oxide inhalers is what Demi Moore was doing the night of her hospitalization.

VELEZ-MITCHELL: But as you said, isn`t that teenagers do? I mean does that make sense Demi Moore doing something that teenagers usually do? You get that thought about a kid with a whipped cream can trying to get the substance out of that that`s not whipped cream?

WALTERS: Absolutely. And that`s the confusing part. Not only is it not common for people her age, it`s not common for people in her social status. It`s not something that people like that do. Like I said, like you said -- it`s high school kids. It`s people who don`t know any better. That`s the people doing nitrous oxide. Either that or someone getting a tooth pulled at the dentist.

I mean this is crazy to me. But I can tell you that she is seeking long-term treatment, and I believe that this isn`t the only thing that`s affecting Demi Moore at this time. I know that`s what caused the 911 call to be made. But I`m not sure that`s the only reason that she`s seeking treatment. And I would be surprised if the substance abuse was only nitrous oxide, Jane.

VELEZ-MITCHELL: All right, Mike Walters, TMZ, and breaking news they are reporting tonight. Thank you so much, Mike Walters, TMZ.

Now, I can tell you, we reached out to Demi`s reps and they have said they have no information beyond their initial statement that essentially said she was suffering from exhaustion.

Published reports claim years ago, Demi battled a different substance abuse problem, "People" magazine wrote that this happened when she was working on her break-out movie "Saint Elmo`s Fire". And you can watch that movie here from YouTube and Columbia Pictures.


MOORE: I`m curious. You know all those nights we stayed up talking? How come you never made a pass at me?


MOORE: I mean, don`t you find me attractive?


VELEZ-MITCHELL: Now, according to people magazine, Demi was almost kicked off that movie, but she quote, "kicked the drug and alcohol habit that nearly scuttled her career", end quote. And of course, she went on to have a spectacular career.

On the other side, more Demi.


VELEZ-MITCHELL: More Demi drama straight ahead. First, a "Laugh Break".





VELEZ-MITCHELL: That`s video of Carnival in Brazil. They`re getting ready for Carnival next month. Ashton Kutcher reportedly in Brazil partying with women who are -- well, some of them the age of Demi`s daughters.

Meantime, we have to ask, is Demi, one of the most beautiful women in the history of Hollywood struggling with age issues? She is 49. Here is her, well, last really sexy roll, "Charlie`s Angels: Full Throttle" from YouTube and Columbia Pictures.


MOORE: What`s up, angel?


MOORE: Natalie.

DIAZ: My God. How did you know?


VELEZ-MITCHELL: I remember seeing that movie and just being astounded at how amazing Demi looked over 40. It`s hard to believe. She is one of the most beautiful women ever in Hollywood.

Jennifer Gimenez, house manager, VH1`s Sober House; you`re in recovery. You also was once an actress. It is tough for women who are approaching that 50-year mark and Demi is incredible shape. Look at her. Still she might have a sense as she told "Harper`s Bazaar" that her body is betraying her. She has a love-hate relationship with her body.

JENNIFER GIMENEZ, VH1 "SOBER HOUSE": Yes. You know, I recently I now have lost 130 pounds and I have had body issues my entire life for modeling and being in the entertainment business, you know. And there is a lost issues I think that like, if you suffer from addiction and you are going to -- there is a lot of chances that you are going to have body image issues.

And I really feel that with Demi. She needs to work on a lot of issues besides just drugs and alcohol and body issues. I think there is a lot of deep-rooted stuff going on with her. I mean she is absolutely beautiful and she can`t see it. And it`s really sad. It`s tragic, you know, because she is always trying to fight from the outside instead of inside out.

VELEZ-MITCHELL: I don`t know that she can`t see it, I just don`t know that she can see how a woman can be beautiful in a different way than the youth beauty. She is never going to look like she did in "St. Elmo`s Fire", but she can be a beautiful woman in her 50s in a different way.

Is Demi obsessed with beauty? Watch this clip from Demi`s appearance on "Late Night with David Letterman" from YouTube and CBS. It`s amazing.


MOORE: Just a week ago I was in Austria doing a cleanse and part of the treatment was leech therapy.

DAVID LETTERMAN, TALK SHOW HOST: Really? Leech -- actual -- like the blood sucking --

MOORE: Yes. But these aren`t just like swamp leeches. We are talking about highly-trained medical leeches.

LETTERMAN: Well, what are does it do for you?


VELEZ-MITCHELL: Alexis Tereszcuk, senior reporter of RadarOnline, a lot of women have made the transition to older roles. I mean look at Helen Mirren. Look at all these stars and we love them. Meryl Streep is the penultimate example.

ALEXIS TERESZCUK, SENIOR REPORTER, RADARONLINE: And Blythe Danner as well. Lots of women can make the transition. Demi Moore has had a tough year. Her marriage of six years ended this year. She`s definitely gone through some issues. She`s worried. The man that she was married to was dating women half her age. This is going to give anybody something to think about.

And so this was why one of the things that she is seeking treatment for is her anorexia. As you have seen over the months she has gotten skinnier and skinnier. And it`s just the one way that she`s been dealing with the stress.

VELEZ-MITCHELL: More on the other side.


VELEZ-MITCHELL: As we watch Demi Moore in "Striptease" from Castlerock and YouTube, Alexis, could we blame Ashton Kutcher for Demi`s problems?

TERESZCUK: Sure. I think you can blame a lot of people, but your strength comes from inside yourself. Demi has everything going for her. She is gorgeous. She is still getting roles. This isn`t a career that has ended at all. She has tons of years ahead of her. And I hope that she can find the help that she`s seeking so that she can recover and come back at her top form.

VELEZ-MITCHELL: I do too. She is a wonderful woman. She does a lot of work for women, for children to stop sexual slavery and the enslavement of children all over the world.

Demi, if you are watching, we need you. We don`t need just a sex symbol; we need a living breathing Demi Moore who has so much to offer the world. Check it out. I have an open letter to you on

"NANCY GRACE" is next.