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JANE VELEZ-MITCHELL

Jodi Arias Appears in Court

Aired October 16, 2012 - 19:00   ET

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


JANE VELEZ-MITCHELL, HOST: Tonight, breaking news as the jury in the baby Gabriel case could start deliberating any minute now. Will the baby`s mom be sentenced to decades in prison? And most important, could this darling child still be alive?

Also, we are digging deep into the secrets of accused femme fatale Jodi Arias, charged with the gruesome murder of her ex-boyfriend. She was in court today. We have somebody who was inside court to tell us exactly what went down.

(BEGIN VIDEOTAPE)

VELEZ-MITCHELL (voice-over): Tonight, stunning twists and turns as the countdown to the next big trial heats up. Jodi Arias in court today, the 31-year-old photographer accused of brutally stabbing and shooting her ex-boyfriend and snapping a bizarre series of photos around the time of the murder that go from sexy to sick. Will they be the smoking gun for prosecutors? We`re inside court. And I`m taking your calls.

Then the jury gets ready to decide the fate of missing baby Gabriel`s mom nearly three years after the 8-month-old vanished without a trace when prosecutors say Elizabeth Johnson went on the run with her child. Did she lie when she said she gave him to strangers or when she allegedly said she killed him? Will we finally learn what happened to this precious boy? We`re investigating.

And it`s double the fun this week in "Rico`s Rescues" as two little pups join us live. Linus and Lucy are looking for a home, but they want to stay together. Can you help?

UNIDENTIFIED MALE: Jodi Arias, she`s young and beautiful. Police say she`s a cold-blooded killer.

VELEZ-MITCHELL: That beautiful woman accused of viciously, and I mean viciously, murdering her former boyfriend by stabbing him 27 times and slashing his throat.

JODI ARIAS, ON TRIAL FOR MURDER: This isn`t a two-sided story, this is a multifaceted story. There are many sides to this story. And I just don`t feel like mine has been represented.

UNIDENTIFIED FEMALE: Jodi is extremely articulate. She`s beautiful, but she`s also very well-spoken. She`s not hysterical. She`s not overly emotional.

UNIDENTIFIED FEMALE: It`s frightening, both her calm and what`s also a little disturbing is how much she seems to be liking all of this attention.

(END VIDEOTAPE)

VELEZ-MITCHELL: Tonight, the dirty little secrets that could send a beautiful young woman to Death Row for the brutal murder of her ex- boyfriend. Jodi Arias was back in court today as the clock ticks towards her trial next month. And her murder trial, which will be televised, is being touted as the biggest since Casey Anthony.

Good evening. I`m Jane Velez-Mitchell coming to you live.

Prosecutors say Jodi Arias, an aspiring photographer, went to the Mesa, Arizona, home of ex-boyfriend Travis Alexander June of 2008, and after a sexual encounter, or two, shot him in the face, stabbed him 27 times, and slit his throat ear to ear, taking bizarre photos before and after the crime.

Right away Travis`s brother and sister say they knew who did it from the get-go. Watch this from "In Session."

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I had remembered this story that my brother, Gary, had told me that, when he talked to Travis, that Jodi had slashed his tires and then re-slashed them again when he got them fixed. So I had that feeling right away that it was -- she had something to do with it.

UNIDENTIFIED MALE: Anybody else that heard about it kind of -- the first word, the first name that came out of their mouth was Jodi.

(END VIDEO CLIP)

VELEZ-MITCHELL: But here`s the really sick part. Cops at this home in Mesa, Arizona, found a camera inside the washing machine, yes, at Travis`s house. And on the memory card: photos of Jodi and Travis in erotic sexual positions taken on the very day he died. And then, on the very same memory card, photos of a bloody Travis as he lays dying and photos of Travis after he was dead. How sick does a person have to be to take photos like that?

Jodi sits in jail as we speak right now, waiting for her trial to start in just about a month from now. She`s done TV interview after TV interview seeming to enjoy all the attention. Watch this.

(BEGIN VIDEO CLIP)

ARIAS: I guess that`s really all I needed. Sorry. Don`t roll the tape yet.

(END VIDEO CLIP)

VELEZ-MITCHELL: Yes. Smiles, makeup and hair. Are you kidding me?

After changing her story numerous times -- first she said she wasn`t there, then blaming a home invasion -- Jodi is expected to say she killed Travis in self-defense. But if that`s true, how will she explain those sick photos of her and Travis in erotic poses and then Travis dying? Who will she say took those photos?

I want to hear from you. Call me with your theories or questions: 1- 877-JVM-SAYS, 1-877-586-7297.

Straight out to Shanna Hogan, journalist and true crime author. You`re writing a book on this story. You were in court today. You saw Jodi.

Let`s show you here -- well, I think we do have her mug shot. She`s infamous for inappropriate smiles. She smiles like, you know -- her mug shot -- there she is. Look at her. She`s always smiling when she`s in very serious trouble. What was her expression today? That`s the mug shot I`m talking about. Was she smiling inappropriately today?

SHANNA HOGAN, JOURNALIST (via phone): There were no smiles today. She was calm. She was relaxed. She was polite. It was a very short hearing.

And the big news that came out of today was that the prosecution told the judge they are completely ready to proceed with the November 19 trial date. So that means it`s completely in the lap of the defense as to whether or not they will file another motion to continue, which means that it`s Jodi herself who will be behind any further delays of justice in this case.

VELEZ-MITCHELL: All right. But her expression, you`re saying she did not smile. Listen, you`re writing a true crime book about this case. What would you say is going on in her mind as you watch her in court today?

HOGAN: You know, it was kind of a hearing that wasn`t -- that didn`t go very in depth. It was only a three- or four-minute hearing. So it really didn`t get a chance to go into her head this week. But gosh, if my life was on the line, I would be panicking, and she just seems to be like it`s another normal day that she`s doing anything else.

VELEZ-MITCHELL: Yes. That`s kind of why so many people are fascinated by her, because her reaction seems so inappropriate.

Now, Exhibit A, Jodi and Travis allegedly took -- well, they`ve got them, erotic photos. OK. A lot of them during the course of their relationship. And Jodi is talking to the media about that. Imagine that.

(BEGIN VIDEO CLIP)

ARIAS: They`re just photos that we took. And that we deleted with the intention of -- that wasn`t a one-time incident. I mean, there were many times where...

UNIDENTIFIED FEMALE: You took pictures.

ARIAS: Yes. Pictures, whatever. Any kind of media. And it was deleted.

(END VIDEO CLIP)

VELEZ-MITCHELL: Mark Eiglarsh, former prosecutor -- and you can contact Mark at SpeakToMark.com. Jodi`s an aspiring photographer. You think maybe glamour. You think of flashing light bulbs. You don`t think of somebody taking photos of somebody they just had sex with dying naked in the shower, lying on his back with blood around his neck and shoulders. Are these photos the smoking gun?

MARK EIGLARSH, CRIMINAL DEFENSE ATTORNEY: I would say yes. And not just because she took pictures of them having relations. It`s that clearly investigators have photographs that were taken after he was killed with pools of blood. You know, we don`t -- I wish we could see those photographs. We`d go, "Oh, there you go. You got them."

But the way that it`s being described is that only someone who took the photos would be linked to the person who committed the offense. That, coupled with all the forensic evidence, the fact that she couldn`t keep her story straight, I think she`s just smiling because she`s already resolved herself in knowing that she`s spending the rest of her life in prison or worse.

VELEZ-MITCHELL: Well, with us tonight, Beth Karas from "In Session" along with Jon Lieberman. Beth, you interviewed the victim`s sister and brother. Now, Travis`s brother -- neither of them believe for an instant that this is self-defense. Here`s why, from your interview with the family members of the victims.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: It is very vicious and very heinous. Twenty-seven times, like everybody knows, throat slit from ear to ear and shot in the head. That -- that to me doesn`t -- doesn`t scream self-defense at all.

(END VIDEO CLIP)

VELEZ-MITCHELL: Beth Karas, remember Casey Anthony? She completely changed her story and her strategy during opening statements? She got acquitted.

How do we know that Jodi`s going to stick with this self-defense? Couldn`t she just turn it around and catch the prosecution flat-footed?

BETH KARAS, TRUTV`S "IN SESSION": Well, I suppose. Because she`s had three stories. Initially, she told the police "I haven`t seen him since April." See, he was killed on June 1 -- June 4, 2008. He was found five days later.

Then, she said, when she learned that there was forensic evidence tying her to the scene, she said, "Actually, I was there. It was two intruders, a man and woman. I managed to get away." But she never called the police.

And then more recently she said, "You know what? Actually, I did it. It`s self-defense."

So these photos, maybe they won`t even be an issue. I mean, there are eight photos: six of her naked in the bed, two of him naked. And then she started -- I think she took a couple of him in the shower before he was killed. And then the camera`s kind of askew, as though maybe it`s taking pictures, but she`s not actually aiming it, and he`s dead.

VELEZ-MITCHELL: Mike Brooks, what kind of sick mind takes before and after photos like this?

MIKE BROOKS, HLN LAW ENFORCEMENT ANALYST: A cold-blooded killer like Jodi Arias. And, you know, then you`ve got this bloody palm print that was there on the scene that has Alexander`s DNA also mixed in with it, Jane. I mean, it`s -- it`s game, set, match as far as I`m concerned. Now what`s she going to do? What`s she going to say? All of these intruders took the pictures? I don`t think so.

VELEZ-MITCHELL: Well, we have an idea of a possible strategy for her. Anything`s possible in a court of law, as we found out with Casey Anthony.

More on the other side. And your calls.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Towards the end of their relationship, after they had kind of broken up, and he had put some distance between them, it really was an obsession type of thing. And the way he described it was that she was really stalking him.

(END VIDEO CLIP)

VELEZ-MITCHELL: Over and over again Jodi is described as obsessed, a manipulative, possessive, super jealous to the point where she`s snooping and stalking allegedly. So, Jon Lieberman, HLN contributor, investigative reporter, give us some of these wild examples.

JON LIEBERMAN, HLN CONTRIBUTOR: You know, Beth said it best there. She said this was a fatal attraction. And it really was. I mean, Jodi would show up at his house unannounced. One night she snuck in, allegedly, and watched him sleep. She would hack into his Facebook account. She would send e-mails to other girls that he was dating in a threatening fashion.

So in every way, she had set the stage for something to come. She was stalking in almost every way. And even the friends of the couple knew that this wasn`t -- this relationship wasn`t right. And Jodi wasn`t right.

VELEZ-MITCHELL: Well, Mark Eiglarsh, his tires were also slashed not once but twice. But easy to say I have a gut feeling to say she did it. But can all this stuff get into evidence?

EIGLARSH: They might try. But here`s why I would advise them not to. They have such overwhelming evidence against her. I mean, everything. The forensics, the statements, everything.

When you start adding in speculative stuff, like maybe she slashed the tires, then it gives the defense some fat on the end of the steak to work with. You want to make it a lean fillet, and that`s what they`ve got.

VELEZ-MITCHELL: I don`t like that analogy.

EIGLARSH: Sorry.

VELEZ-MITCHELL: Tori, Florida, your question or thought. Tori, Florida.

CALLER: Hi, Jane. I was just wondering. He has all these friends that are speaking against her. Does she have anybody that is speaking for her character?

VELEZ-MITCHELL: That`s interesting, Beth Karas?

KARAS: You know, I`m not aware. And she says she comes from a nice, stable home, but I`m not aware of anyone who`s on her side right now.

Plenty of people on Travis`s side, you know, his friends. He had a wide circle of friends. I interviewed one of his friends, as well. Didn`t like her. They told the police right from the day his body was found decomposing in the master bathroom, they pulled up her page on Facebook and said, "Go find that woman."

VELEZ-MITCHELL: And I think the best example of her obsessiveness, they only dated for about five months, and then she converts to Mormonism because he`s a Mormon. Listen to this.

(BEGIN VIDEO CLIP)

ARIAS: All of that -- all of the resources that one needs can be found on a Web site like LDS.org. But he kind of gave me a more personal perspective on things. There was some questions where I was just like why, why this, why this? And he was able to answer those.

(END VIDEO CLIP)

VELEZ-MITCHELL: Shanna Hogan, a journalist and true crime author. You`re writing a book about this case. So tell us about the break-up. Because we hear that he`s the ex-boyfriend and yet, according to her and, according to the photos, they were involved in a sexual relationship right up until his death.

HOGAN: Yes, when Travis turned 30, his kind of -- his perspective changed. He started to try and date women who he thought that he could see himself marrying. And Jodi was never that type of woman for him. Jodi was just a fun girl that he was going to date for a while. So when they broke up he started dating almost immediately another woman. But, according to Jodi, their sexual relationship continued. And it kind of ran concurrent with the relationship that he was in that he considered to be very serious.

VELEZ-MITCHELL: Mike Brooks, as we know from watching the Casey Anthony case, there`s no such thing as an open-and-shut case, especially when you have an attractive defendant who could form some kind of subliminal or subconscious relationship with the jurors. Are you concerned that this could be a repeat of the Casey Anthony case?

BROOKS: No. Not at all. I think the circumstances dealing with the Casey Anthony case are different. You know, is it going to be the defense, "Oh, she`s too pretty to go to jail"? Absolutely not.

I think the evidence is so overwhelming in this case -- I know, we thought it was overwhelming in the Casey Anthony case also -- but there is less circumstantial evidence here, more direct evidence. I think that she`s going to be spending the rest of her life in jail if not death penalty.

VELEZ-MITCHELL: All right, quickly.

LIEBERMAN: You can tell by some of the emotions, too. I think her attorneys are just simply going to do everything they can to keep her off of Death Row.

VELEZ-MITCHELL: Well, here`s what I say. In a mega case like this, it`s a runaway freight train. You never know what`s going to happen. I have sat in courtrooms too many times on these open-and-shut cases like the Michael Jackson child molestation case and then been stunned when the exact opposite happens.

Your calls on the other side.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

ARIAS: There have been a lot of people that have been speaking out and saying things on their side. And this isn`t a two-sided story. This is a multi-faceted story. There are many sides to this story. And I just don`t feel like mine has been represented.

(END VIDEO CLIP)

VELEZ-MITCHELL: Some feel Jodi Arias has manipulated the system already to delay this trial. At one point she tried to represent herself. And then she backed out. And my question, Mike Eiglarsh, could she pull a fast one?

For example, when I was researching this case, I was actually surprised to find that there was a roommate in the home when all his friends barged in to discover the body. And I think a lot of people wonder, how could you be living with a body for four days and not realize he was on the other side? I know, Beth, you want to jump in on this quickly.

KARAS: Yes, because I talked to his friend about it.

VELEZ-MITCHELL: OK.

KARAS: He had two roommates. They were there for four or five days while Travis was in the back, in the master bedroom -- in the back of the bedroom was the bathroom -- decomposing. His bedroom door was shut. They thought he was away on a trip. I think he was going to Mexico. He was taking another woman. He wasn`t supposed to leave until June 10.

That woman was like "Where`s Travis? We were supposed to go on our trip?" That`s how she went to his house and they even found the body.

VELEZ-MITCHELL: Well, Mike Eiglarsh, that sounds like room for interpretive you know what defense.

EIGLARSH: Yes. But I`m struggling. I was afraid you`d even suggest to ask the defense attorney how to defend this case. It`s a slow guilty.

I agree with Brooks. I agree with anyone who`s already suggested. It`s just a question of whether she`s going to live or die. The evidence is overwhelming.

The only similarity between Casey Anthony is that they`re arguably attractive shells. But the facts are different. The evidence here is overwhelming much more than Casey Anthony.

VELEZ-MITCHELL: By the way, this is video of her singing. She engaged in a singing competition behind bars, and she won. And this brings me to -- let`s put on our psychologist hats for a second. Ninety percent of communication is nonverbal.

I was shocked when I went into the Casey Anthony courtroom, and I saw that Casey Anthony, instead of sitting like this and the jury`s over here, she`s -- they put a table -- they managed to get a table where she`s got direct eye contact with the jury.

And my mind told me -- maybe I`ve done too much therapy -- as soon as I saw that, I said, "Oh, my gosh, this case is in trouble," because Casey Anthony is staring at those jurors, that pretty face putting on the innocent with the bun and everything. Never underestimate, Jon Lieberman, the power of the subconscious.

LIEBERMAN: Yes. But it only gets you so far. I mean, like Mark said, the evidence is so overwhelming in this case.

And I`m sure they`ll do that. I`m sure they will seat her with the direct sight line to the jury. They want the jury to like her. They want the jury to somehow see her as a victim. I`m sure -- I`m sure they`re going to try to victimize the real victim here, too, in their case. But at the end of the day, I don`t think it`s going to work.

VELEZ-MITCHELL: I want to go to Patty, Connecticut. Your question or thought, Patty.

CALLER: Hi, Jane.

VELEZ-MITCHELL: Hi.

CALLER: Patty from Connecticut. First of all, I`d like to say we watch you every night. We love you. And thank you for all you do for animals.

VELEZ-MITCHELL: Thank you. We have an animal story coming up in a little bit. I appreciate that.

CALLER: And I`d like -- I`d like to say I would like to hear more about her upbringing and her family.

VELEZ-MITCHELL: Well, excellent question. Shanna Hogan, you`ve been studying this. What do you know about her back story?

HOGAN: You know, her background is really a mystery at this point. And I think anyone on the expert panel would say the same thing. There has not been one person from her family that`s come out and defended her. There hasn`t been anyone in her life that`s really said this is not the person that she is.

Her sister has taken to blogs a bit to defend her sister. But she hasn`t talked to the media or anything. And so it`s really kind of a mystery.

VELEZ-MITCHELL: That`s fascinating to me, because this woman is fascinating, not in a good way. I mean, I think that the story`s horrific. This young man had his life ahead of him, but I think people are intrigued with the unknown. And trying to comprehend how she could have allegedly done something so horrific and, indeed, if she is guilty, evil.

Beth, ten seconds.

KARAS: She spent, you know, several hours with him that day. He was last on his computer right after 4:00 in the afternoon. And he`s dead by 5:30 or so. She says she arrived in the middle of the night, having driven from California. She lives several hours away. And she`s charged with both premeditated first-degree murder, as well as felony murder. She probably drove all the way from California knowing she was going to shoot him or stab him and slit his throat.

VELEZ-MITCHELL: Allegedly.

Thank you, fantastic panel.

On the other side, baby Gabriel mom`s going to the jury right now.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Where is baby Gabriel?

UNIDENTIFIED MALE: The 8-month-old was last seen at a Texas motel back in 2009.

LOGAN MCQUEARY, GABRIEL`S FATHER (via phone): Where are you?

ELIZABETH JOHNSON, ON TRIAL IN SON`S DISAPPEARANCE: I don`t exist anymore. I`m a ghost.

UNIDENTIFIED MALE: The boy`s mother, 23-year-old Elizabeth Johnson, picks up everything and takes her baby on a two-day journey, traveling from Arizona to San Antonio, Texas.

JOHNSON: You be surprised what people will do if you push them enough.

MCQUEARY: She told me on the phone, "You`re never going to see Gabriel again. Where are you? Where`s Gabriel?

JOHNSON: I killed him this morning. Gabriel is in the Dumpster. You want to talk to girls, that`s the price you pay.

(END VIDEO CLIP)

VELEZ-MITCHELL: Tonight, dramatic and tearing (ph) closing arguments going on right now as we speak. I believe we just got word from my producer that the prosecution`s rebuttal case just wrapped. So that means they`re going to pick an alternate jury instructions. They`re going to start deliberating in minutes. We`re talking about the baby Gabriel kidnapping trial.

There`s mom, baby Gabriel`s mother, 26-year-old Elizabeth Johnson the defendant charged with kidnapping.

Just moments ago her lawyer in a shocking closing argument told jurors that he knew this case would be an uphill battle. Why? Because he says Elizabeth is basically unlikable. He even compared her to JFK`s shooter. What? Listen to this.

(BEGIN VIDEO CLIP)

MARC VICTOR, ELIZABETH JOHNSON`S DEFENSE ATTORNEY: If she had been charged with the John F. Kennedy`s assassination, you`d convict her. There`s nothing I can get you to do to focus on the facts. Just because you don`t like her and you will be ruled by your passions. You will be ruled, guided by, driven by your anger.

(END VIDEO CLIP)

VELEZ-MITCHELL: We just heard jurors are getting the last part of their instructions right now. So they are moments away from deliberating that woman`s fate.

Baby Gabriel last seen three years ago, he was only 8 months old. What a beautiful baby. Elizabeth, the mom, and Baby Gabriel`s dad were locked in a bitter, bitter custody battle.

When the judge ruled that they had to share Gabriel, Elizabeth took off with the baby from Arizona to San Antonio. And then from Texas Elizabeth called and told her ex, Logan, that she had suffocated the infant and tossed him in a dumpster. She was ultimately arrested in Miami. Listen to this chilling confession.

(BEGIN VIDEO CLIP)

ELIZABETH JOHNSON, MOTHER OF BABY GABRIEL: I suffocated him and he turned blue and I put him in his diaper bag and I put him in the trash can.

LOGAN MCQUEARY, FATHER OF BABY GABRIEL: You did not kill Gabriel.

JOHNSON: Yes, I did. I suffocated him. You knew I would do it and you pushed me anyway.

(END VIDEO CLIP)

VELEZ-MITCHELL: Elizabeth later told cops a totally different story, that she handed little Gabriel over to complete strangers in a San Antonio park. So which is it? Is this precious baby dead, or is he living somewhere with a mystery couple?

What do you think? Your theories, your questions, call me, 1-877-JVM- SAYS.

Ok. Mark Eiglarsh, former prosecutor, criminal defense attorney, the jury just about to get the case right this moment. I`m hearing this closing argument by the defense and I`m thinking "what"? I`ve never heard something so bizarre. Oh, yes, if I told you that she shot JFK, you`d convict her of that. There`s nothing I can do. How about call witnesses. This guy called zero witnesses for the defense.

MARK EIGLARSH, FORMER PROSECUTOR, CRIMINAL DEFENSE ATTORNEY: Jane, I disagree with you. I`m going to defend him. I`m not going to defend his choice to wear an olive shirt in front of the jury. I don`t get that; that to me is bizarre. But to take on the elephant in the room that everybody cannot stand her actions, that what she did was reprehensible, he used the example of, you know, you got to not hate her. You have to focus on the facts. I get that. I`ve had clients that people just don`t like.

However, his argument is, you know, maybe that baby is still around. Maybe she really did give the child over to a San Antonio couple --

(CROSSTALK)

JON LEIBERMAN, HLN CONTRIBUTOR: I got to ask Mark. Hey, Mark.

EIGLARSH: Yes.

VELEZ-MITCHELL: Go ahead.

LEIBERMAN: Mark is a fine attorney. This is why I want to ask him this.

EIGLARSH: God bless you.

LEIBERMAN: Mark, have you ever though tried a case, defended a client and not called any witnesses? Not even a character witness? Not even somebody to come forward and say she was a good high school student?

EIGLARSH: Yes. No. I`m glad you brought that up. That was the other point that I disagree with now you and Jane on. I have won too many cases in the past as a prosecutor when the defense takes on the burden of proof when they don`t have to. It is more effective if the prosecution does not have the evidence beyond a reasonable doubt as the defense is hoping --

(CROSSTALK)

LEIBERMAN: They had a confession, Mark.

EIGLARSH: We don`t have to prove anything.

VELEZ-MITCHELL: Let me say this. Not only is he saying basically, oh, you`d convict her of anything even shooting John F. Kennedy, but he`s admitting. She`s charged with kidnapping, custodial interference and attempted custodial interference. This attorney of hers is admitting -- he`s spending a lot of time admitting her guilt. And I believe we have a sound bite. He`s admitting her guilt on the custodial interference charge.

Let`s listen to that right now. Then we`re going to get Mike Brooks in on this debate. Listen to this.

(BEGIN VIDEO CLIP)

VICTOR: She`s authorized me as her lawyer to stand here and tell you she was wrong. She committed a crime. I`m her lawyer. I`m standing here in closing argument with her permission telling you she committed a crime. She made some mistakes.

(END VIDEO CLIP)

VELEZ-MITCHELL: Mike brooks, yes, he wants the jury to convict her of the lesser charge of -- or the lower penalty charge of custodial interference and let her off the hook on kidnapping.

MIKE BROOKS, HLN LAW ENFORCEMENT ANALYST: Right. Yes. She and Tammi Smith, her friend who wanted a baby at all costs who was convicted. You know, is she going to get that? Yes, absolutely but have they proven beyond a reasonable doubt that she did kidnap the baby? Well, you know, I think everyone thinks she did. I think she did. And even as she got found kidnapping a baby, she`s not on trial here for murdering the baby.

Did she want to keep that baby away from Logan McQueary, the biological father? Absolutely. In fact, she basically told McQueary twice that he would never see little Baby Gabriel again. Look, Jane, I hold out hope that this precious little boy is alive somewhere. But I tell you, at this point I really don`t know.

VELEZ-MITCHELL: Well, here`s the thing. There`s Tammi Smith, by the way. She`s the friend who met her at some airport and is desperate for a child and said, oh, you don`t seem very happy. Give the child to me and then was convicted of forging papers, et cetera. It sounds like the defense is also sort of trying to throw her under the bus.

And you know, before Gabriel vanished, Elizabeth and Tammi Smith conspired to adopt the baby with or without the dad`s permission. And Tammi has already been convicted of forging adoption papers. The defense didn`t hold any punches essentially trying to paint that friend, Tammi, as the bad guy. Listen to this.

(BEGIN VIDEO CLIP)

VICTOR: -- manipulated by Tammi Smith. Who comes up to a single mom with an infant in an airport and strikes up a conversation about taking the baby? Does that seem a little strange to you? Seems a little strange to me. That`s the kind of person we`re dealing here with, Tammi Smith. If there`s one thing you know about Tammi Smith, she wanted that baby. And she was willing to do virtually anything to get that baby.

(END VIDEO CLIP)

VELEZ-MITCHELL: All right. On the other side we`re going to analyze that and tell you why that might work. Who knows?

Time for your "Shocking Video of the day". This one takes us to south Florida where a Little League coach is caught on camera sucker punching -- take a look at that -- a referee. That`s not the craziest part. This man, 43 years old by the way, has a long rap sheet that includes battery on a law enforcement officer and aggravated assault with a firearm leaving many to wonder, hello, Google people who are going to coach kids.

(COMMERCIAL BREAK)

VELEZ-MITCHELL: Time for your "Viral Vid of the Day". They talk about dog eat dog world. What about a dog help dog world? Take a look at this. Look at this. If you don`t think these animals are sophisticated, intelligent and can form friendships -- that was pretty darn amazing. I want to see it again.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

JOHNSON: I suffocated him and he turned blue. And I put him in his diaper bag and I put him in the trash can.

MCQUEARY: You did not hurt Gabriel.

JOHNSON: Yes, I did. I suffocated him. You knew I would do it, you pushed me anyway.

(END VIDEO CLIP)

VELEZ-MITCHELL: This precious child`s mother, Elizabeth Johnson, on trial; just this second the jury has gotten the case. She`s charged with kidnapping. Remember, a body was never found. She told several stories, one "I gave the child away to a mystery couple." The other, "I killed the child." You just heard that. So she wasn`t charged with murder. She was charged with kidnapping. Now, first of all, Jon Leiberman, you think it`s going to be a fast deliberation?

LEIBERMAN: I do. I think it`s going to be fast. I think the jury`s going to come back in the next day or two. You know what; I just wish -- I just wish she would tell the truth.

VELEZ-MITCHELL: Of course.

LEIBERMAN: What happened to this little baby? I mean, like Mike said, we all hold out hope that the baby`s alive. But as the days slip away, it`s now been three years, hope starts to go away. If she would just tell the truth -- I mean it`s just -- it`s infuriating.

VELEZ-MITCHELL: Mark Eiglarsh, given what she`s facing, you`d think this would be the time or the time had already passed that the pressure would be so intense that she would spill the beans about what really happened to the point where authorities could go and -- go to that location and see if there`s any evidence.

EIGLARSH: I wish, Jane. But that`s not how it works. There`s no statute of limitations on murder, so the minute that she tells them where the baby is, clearly it comes back to her. Now she`s facing a mandatory life sentence, potentially death. I don`t expect her to open up any time soon.

VELEZ-MITCHELL: Mike Brooks, HLN law enforcement analyst, the situation here is that she told her ex, oh, "I suffocated the child, the child turned blue, I threw him in the trash. And you`re going to spend the rest of your pathetic life wondering what happened to your child." Given that they responded pretty quickly, why didn`t they find this child in some landfill?

BROOKS: Well, I know the San Antonio Police, Chief Bill McMannis, who is a personal friend of mind. I used to work with him in D.C., he and his department went out to the landfill where they thought the baby may have been from that particular dumpster. But they found absolutely nothing.

And I can tell you they as a department, they would like no more than find out -- you know, they want to find out exactly what happened to this little baby.

But I tell you, I`m with Mark, you know. She -- there`s no statute of limitations on murder. She`s not going to say anything.

VELEZ-MITCHELL: Well, the jury deliberating this woman`s fate as we speak. We`re on top of this story. And we will bring you the results tomorrow if in fact there is a verdict.

Meantime, three male construction workers are on a coffee break -- and this isn`t a joke, they are harassing a woman as she passes by. What the folks don`t know is they`re all actors. What would you do if you saw that in real life? That`s the question we asked in the hit show "What Would You Do?" Coming to HLN this weekend.

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UNIDENTIFIED MALE: It`s the morning rush hour in Hoboken, New Jersey. The joggers are out and our "What Would You Do?" actress is dressed for the gym. What better way to start the day than hearing a compliment?

UNIDENTIFIED MALE: What kind of workout are you doing today?

UNIDENTIFIED FEMALE: Are you talking to me?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED MALE: Love is in the air.

UNIDENTIFIED MALE: Yes. Yes. I feel it. I scent it. That`s the nose.

UNIDENTIFIED MALE: If you need us we`ll be right over here.

UNIDENTIFIED MALE: But that smile can quickly turn when men don`t know when to stop. As you might have guessed, these construction workers are actually professional actors dressed up from steel toe to hard hat.

UNIDENTIFIED MALE: Hey, listen, I can tell my wife cancel dinner and you and I could have dinner if you want.

UNIDENTIFIED FEMALE: You`re disgusting.

UNIDENTIFIED MALE: Our construction workers are not letting up. And this woman gives our actress some sisterly advice.

UNIDENTIFIED FEMALE: You should just stop talking to them. You`re only fueling their ignorance. Ignore them and then they shut up.

UNIDENTIFIED MALE: Look at her. She`s beautiful.

DAVID MARAKOVSKY: No, no. You don`t treat people that way. It`s wrong.

Can I apologize on their behalf?

UNIDENTIFIED FEMALE: Are you apologizing for men in general or just them?

MARKOVSKY: If I have to.

UNIDENTIFIED MALE: Minutes later we catch up with David Marakovsky (ph). What bothered you?

MARAKOVSKY: It almost seemed like they were attacking on a certain level. We all live in society. We all have to behave a certain way. That was out of line. Someone doing that to my wife I would not be happy about it.

(END VIDEO CLIP)

VELEZ-MITCHELL: Fascinating. "What Would You Do?" The show starts Sunday 9:00 p.m. Eastern. This hidden camera show hosted by ABC News` John Quinones, a series of ethical dilemmas that will entertain you and make you think "What Would You Do", Sunday night 9:00 p.m. Eastern only here on HLN.

(COMMERCIAL BREAK)

VELEZ-MITCHELL: And time for our pets of the day. Mickey, stunning, splendor in the grass. Ditto for Lucy and Lola, a piglet and a sheep. Kobe, look at those blue eyes and that big black nose. And Colby and Fiona are stunning. It seems like they`re at the beach or something. And Diego and Santos -- Dominique, one of our producers, Dominique`s dogs, Chihuahas, gorgeous, gorgeous, gorgeous. Diego and Santos, oh my gosh, you`re stunning. Stunning. We`re talking Chihuahuas next.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

VELEZ-MITCHELL: Time now for "Rico`s Rescues". Right, little Rico?

Let`s save some lives. Huh, Rico? Rico, Rico. Hey, Rico. Rico.

(END VIDEO CLIP)

VELEZ-MITCHELL: Ok. Hey Rico. It`s time for "Rico`s Rescues". We`re going to try to save some lives. I think that`s a good idea.

Linus and Lucy, adorable 3-pound male and female Chihuahuas looking for a loving home, willing to take both of them. Joining me now, animal welfare expert and my dear friend, Jane Garrison -- these guys are just adorable, guys and gals. Tell us the story of Linus and Lucy.

JANE GARRISON, ANIMAL WELFARE EXPERT: They are so sweet, Jane. They are a year and a half old. They were dumped at the shelter together. And it`s a very high kill shelter in Los Angeles. And thankfully, a group named Whiskers and Tails rescued them before they were either killed or separated.

You know, sadly so many dogs and cats go into shelters together with a companion that they love, and sometimes one makes it out alive, sometimes the other doesn`t. Sometimes they get split up.

And it`s so sad for these dogs because they`ve already lost everything they know. They`ve lost their home, the people they love. And then the last thing they lose is each other.

So these two cuties, we are going to keep together. This over here is Lucy and this is Linus. Like you said, they`re not even three pounds each. And they`re really sweet. They love cats.

(CROSSTALK)

VELEZ-MITCHELL: I think we`ve got some video -- we`ve got some video of them playing. Maybe we can see a little bit of them playing because here`s what I`ve learned. They entertain each other. When you have two dogs -- and between me and my mom, I have three little Chihuahua mixes, they entertain each other. It`s actually easier to have two dogs than it is to have one dog. Isn`t that true, Jane?

GARRISON: You are absolutely right. We were talking about this actually before we came on the air. It`s that if you have more than one dog and you`re working all day and someone asks you to go to dinner, you don`t want to go because you feel so bad because your dog has been alone all day. But if they have each other, they cuddle. They play with each other. They also -- it`s easier for them to be alone. They don`t get separation anxiety. So it`s really nice to adopt more than one.

And the great thing is you can go to a Web site, adoptapet.com and click on bonded pair and you can find bonded dogs like Lucy and Linus.

VELEZ-MITCHELL: Yes. Just go to adoptapet.com. This is such a great organization. And whisterstails.org, this is where you can actually get Linus and Lucy there in southern California area. But if you want a bonded pair, you could go to adoptapet.com.

Now on the other side of the break, I`m also going to show you my pack with my mother and I. We have three dogs together. And it`s so true, they keep each other company, they play games and this is one, Rico. He`s the star. The other two are possibly jealous right now. They`re watching at home on TV.

More on the other side. Hold on a sec.

(COMMERCIAL BREAK)

VELEZ-MITCHELL: Ok, you just saw it there. They`re not big barkers, the other dogs were barking. They were just very polite. And you know, it`s ridiculous, people go and buy these dogs for hundreds of dollars in stores, which is absolutely insane, because they`re the very same Chihuahuas in the shelters that are on death row that are free essentially. A little adoption fee at the most.

I want to show you a couple of pictures. First of all, if you want to adopt any bonded pair or any dog, go to adoptapet.com; and then for Linus and Lucy whiskerstails.org if you`re in California. We have to get these guys home.

And I have to tell you hundreds -- hundreds of people have called these sites for dogs since we started this segment.

Now, I want to show you a couple of my dogs, I have Cabo and Lucas, Foxy -- they were all found -- he was found on the streets of south central L.A. And then Foxy was found in Fresno. And they keep each other company. Take a look at them there. And they`re great. These little dogs are great for seniors.

Jane, they can be paper trained and for somebody who doesn`t leave the house a lot, they`re perfect.

GARRISON: They are, absolutely right. And these two are so cute. I`ve fallen in love with them just spending historic (ph) amount of time with them. So let`s get them home.

And you`re right, Jane, there are thousands of Chihuahuas in the shelters right now. There`s no need to buy one. You don`t have to go to a breeder. You don`t have to go to a pet store. Go to adoptapet.com and let`s save these little Chihuahuas.

VELEZ-MITCHELL: Let`s save these little guys. We love them, right? Rico, you`re having a good time. You`re getting pretty comfortable on this set, aren`t you? There he is. We`ll just spin you around here.

Nancy is next.

END