Return to Transcripts main page


Firefighter Accused of Multiple Rapes; Did Cop Cross Line in Arrest of Driver?

Aired January 22, 2014 - 19:00:00   ET


JANE VELEZ-MITCHELL, HOST: Tonight, public outrage. A popular hero firefighter accused of using his position of trust and power to rape women. Florida cops charge these women were sexually assaulted and covered in scratches and bruises after this handsome firefighter raped them. Tonight, more and more women are coming forward, charging "He did it to me, too," 12 in all so far. Is this just the tip of the iceberg?

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


UNIDENTIFIED FEMALE: Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God?


UNIDENTIFIED MALE: He`s convinced himself that, you know, this is all something that these women wanted. That it`s something that they wanted to do, that they were willing participants.

UNIDENTIFIED MALE: He says his encounters with a long list of women were consensual.

UNIDENTIFIED MALE: All of the women made it clear to me that this is not what they wanted.

UNIDENTIFIED MALE: A woman claims the 32-year-old Daytona firefighter repeatedly tried to pull down her pants and force her to do a sex act on him.

UNIDENTIFIED MALE: Given the opportunity, he`ll do this again.


VELEZ-MITCHELL: Thirty-two-year-old firefighter Terry Freeman Jr. was arrested for sexual battery on December 31. Once his arrest became known, it was like unlocking a Pandora`s box. Now women are coming out of the woodwork from all over the state, a dozen so far, saying, "He raped me, too," telling police he followed a very specific pattern.

So what is this hunky firefighter`s alleged assault M.O.? These women say they met the firefighter, firefighter Freeman at a club or at a gym or on an online dating site. And at first, everything would seem completely normal. They would go out for a drink and/or dinner, and then he would invite them back to his house.

When they refused to have sex with them, he would allegedly turn violent and rape them, then let them go. Detectives say he told them it was all consensual, and the women were free to go at any time.

Tonight, you will not believe this suspect`s connection to the infamous Neighborhood Watch shooter George Zimmerman. The high-powered lawyer who got Zimmerman acquitted on a murder charge after he killed unarmed teen Trayvon Martin is now defending this fireman accused of multiple rape? Why this case?

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

Straight into the Lion`s Den. We begin with Mark Starling, reporter, News 96.5, on the ground in Florida. Mark, what have you learned tonight?

MARK STARLING, REPORTER, NEWS 96.5 (via phone): Well, Jane, we now know that there`s 12 women, and we have recently learned that there is possibly a 13th that is coming -- kind of coming out of the woodwork, as you put it.

Once the first allegation came down the pipe, it was really like the dominos just started to fall. And it seems like Freeman`s world is kind of crumbling around him.

Now, today obviously, the big news being that former George Zimmerman attorney Mark O`Mara on board to help defend this guy. And you know, O`Mara`s got a pretty good reputation in the courts, but I have a very hard time thinking that he`s going to be able to get this guy off with so many witnesses and so many victims now coming forward. Because they`re not scared anymore.

VELEZ-MITCHELL: Wow. Well, that is extraordinary that he`s decided to take on another hot-button, high-profile case.

Now, firefighter Freeman reportedly says these encounters were 100 percent consensual. He told detectives that he choked one of the women because, quote, "She might like to get choked because he heard some women enjoy that," end quote. You know, you`ve got to wonder, is he living inside Rihanna`s S&M music video?




VELEZ-MITCHELL: Ramadi Durvasula, clinical psychologist, consensual adult games sometimes involve what you might call kinky roleplaying. But violence is violence. These women are saying they did not give their consent to having sexual intercourse, much less being choked in one case, allegedly.

RAMADI DURVASULA, CLINICAL PSYCHOLOGIST: Jane, that`s the key. Violence is violence. And when a woman says no, she means no. And so many women don`t come forth in these kinds of attacks at times because they`re scared. They know their names are going to get drawn through the mud. That`s what`s about to happen to these women.

And this man was a public servant. People think they`ll be safe with him, which makes it doubly awful. But the fact is, even if the woman initially makes consent, when she says no more, then it means no more. No means no. Done.

VELEZ-MITCHELL: Well, tonight, we are very delighted to be joined by Heidi Damon, a rape survivor who courageously confronted her attacker in court. Watch this confrontation and then we`ll talk to her live about this other case.


HEIDI DAMON, RAPE SURVIVOR: I will not address you by your birth name. You can`t even look at me. I will not address you by your birth name. So what I believe you deserve to be called, guilty, guilty, guilty.


VELEZ-MITCHELL: Again, Heidi Damon, rape survivor, sexual assault survivor, who confronted her attacker in court, talking to us out of North Carolina.

Heidi, what is your reaction to the fact that most of these women said absolutely nothing for possibly years now? I mean, this is the earliest one, we`re hearing about, is 14 years ago. And then after hearing of his arrest in a case in the end of December, starting to tell their stories. How do you make sense of that?

DAMON (via phone): Well, you know, I can`t throw my beliefs on other people, and I know that everyone goes through different stages of healing. You know, like we talked about yesterday with the 28-year-old that had been molested, and now she`s coming forward. You know, I think sometimes people just kind of want to block it out of their mind and try to go on with their lives. And other people suppress it.

But I think with so many people, you know, coming forward, I think it`s giving those other ladies strength to come forward and say, "Oh, I`m not alone in this." And I know that one of the assaulted women didn`t even know that there were other cases.

So, you know, I`m just -- I`m just in one respect very glad that so many are coming forward, you know, just like the Clinton case, you know, where all of a sudden those people all came out of the woodwork. You know, I think that sometimes it does help to have a number of people come forward.

And in this case, you know, I`m hoping that there are other people who have been raped by this, you know, I`m calling him a domestic terrorist, you know, a predator.

VELEZ-MITCHELL: Alleged. Alleged. Let`s have -- he deserves his day in court. And he will get his day in court.

I just want to say one thing. We`ve got the phone lines lighting up here. And I want to hear from the public. Because again, this is a firefighter. A popular firefighter who was very well-respected in the community, until this story broke. And it`s a jaw-dropper.

Let`s go to Ronny, Maryland. Ronny, what do you got to say?

CALLER: Jane, you`re a class act. I just want to say that I believe that this man used his profession to prey on innocent women. We`ve seen it all throughout the years. It`s constantly happening. Police officers do it. I mean, he preyed on these people, and I believe that he used his profession. And I think the man has a serious problem.

But like you said, allegedly. But I can`t wait until all the facts come out.

You`re talking to a man -- you`re talking to a man who was raped and sodomized, treated like garbage. So you know, I live my life every day, looking and saying, "Why me? Why did they do that to me?" But you know, like you said, allegedly. But I can`t wait to find out and get to the crux of the actual story.

VELEZ-MITCHELL: Well, thank you for sharing your difficult story, Ronny. And I know that takes courage. Now, you talked about more facts coming out. Well, here`s some more information coming out.

According to published reports, this isn`t firefighter Freeman`s first run-in with the law. He was accused of domestic battery reportedly 14 years ago, back in 2002. But according to published reports, the case was dropped, the records destroyed just a year later. He was pulled over on suspicion of drunk driving, cited for reckless driving after refusing a Breathalyzer. According to court records he served probation for that offense.

You know, what I find interesting, Jon Leiberman, is that accusation of domestic battery occurred the same year that he allegedly committed that first -- in other words, the woman who came out, the earliest case, exactly the same year, 14 years ago, when he was accused purportedly of domestic battery.

JON LEIBERMAN, HLN CONTRIBUTOR: Yes, absolutely. And something else we dug up, Jane. He was actually investigated for rape back in 2011, we have learned. But the victim, as is so common in these cases, ended up recanting her statements. So he has even been investigated before for rape.

One thing we should point out is one reason why he`s been charged in so many of these cases right now, it`s not just a he said/she said. A lot of these victims, I understand, are using the same verbiage. They`re using the same words. They`re describing him as saying the same types of things to them, things that they couldn`t possibly know that he would say to somebody else. And that`s one way they`ve corroborated, allegedly, many of these attacks.

VELEZ-MITCHELL: We`ve got so much more on this. We`re just getting started. Why is attorney Mark O`Mara, who defended Neighborhood Watch shooter George Zimmerman, getting involved in this hot-button case?

And you won`t believe some of the things that he`s claiming, according to one of the attorneys, the women did after they were allegedly raped. Stay right there, because we`ve got more on this. And the calls are lining up.

Also later, a routine traffic stop goes sideways. It`s crazy. A young woman gets in a heated altercation with a cop. And next thing you know, well, we`ll analyze what happened here. And who was at fault. Stay right there.


UNIDENTIFIED FEMALE: She took the tickets from him. She said, "I`m going to call the police on you." This is America. She has a right to say anything that flows.




UNIDENTIFIED MALE: He`s convinced himself that, you know, this is all something that these women wanted. That it`s something they wanted to do, that they were willing participants. And all the women made it clear to me that this is not what they wanted.


VELEZ-MITCHELL: And that`s law enforcement talking about firefighter Freeman, accused of multiple rapes. His lawyers insist each of these women was a willing partner and the sex was 100 percent consensual. But the cops say the women claim otherwise.

In a very odd twist, the defense is claiming that some of the women sent the suspect nude photos after the alleged attacks, went on other dates with him, and even baked him cupcakes. Dana, if that`s true, or even in one case it`s true, could that destroy all of the cases?

DANA SWICKLE, CRIMINAL DEFENSE ATTORNEY: Absolutely not. I think that each case is going to be very different. Listen, out of all of these women, maybe there is one, maybe there is two, that did do those things that they`re reporting that they did.

But it doesn`t mean that the credibility of the other women who have come forward, who have bravely come forward should be attacked and they should be chastised for what other women have done. If you look at each case, fact specific, one by one, I`m sure that that will not destroy the other women whose cases are for real, and who have been made victims in this particular action.

VELEZ-MITCHELL: I want to talk about what you might call the big elephant in the room here. And it`s the kind of thing that news stations usually don`t talk about, but we try to do it on this show.

The fact is that a number of people have commented on the fact that this suspect is good looking. OK? And I think that brings up a lot of what I would call stereotypes, false notions about what rape is. Look like what makes a rapist, and the idea somehow, a very false idea -- I want to shatter this stereotype -- that, if a guy`s good looking, he supposedly could go out and get women to have sex with them voluntarily, so why would he need to rape?

I want to go to Greg Kading, former LAPD detector, author of "Murder Rap." Why is that just totally wrong?

GREG KADING, FORMER LAPD DETECTOR/AUTHOR: Rapists come in all sizes and packages. You cannot pigeonhole them. They can be, you know, handsome guys with a, you know, with a mental deficiency. So you just can`t ever sit back and say, "Well, this person looks this way, so therefore, they probably act this way." It just doesn`t work.

VELEZ-MITCHELL: Yes. And what`s interesting is this guy was reportedly very well-respected at the Orange City Fire Department.

But I want to get back to perhaps one of the biggest controversies, the fact that famed attorney Mark O`Mara is taking on this case. As we all know, he successfully defended Neighborhood Watch shooter George Zimmerman on a murder accusation in the killing of unarmed teenager Trayvon Martin.

Gosh, I`m trying to get my head around this. And let me go back to Dana Swickle. You`re a criminal defense attorney. You`re in Florida, so you`re very well acquainted with all these cases. Why would Mark O`Mara want to take on this case?

SWICKLE: Why not? I mean, clearly, this is going to be a challenge for him. He was extraordinarily successful in the previous case. And now he is wanted by all of these people who can actually afford him. And why not? This is what we do. We go, we take the difficult cases. You don`t shy away from them. You don`t run them -- excuse me, run away from them.

And everyone deserves their day in court and the best defense that they can possibly get. And this is why he`s there. This is what he`s doing, and this is his job. He doesn`t take it personal, and neither should anybody else.

VELEZ-MITCHELL: All right. Let`s go to the phone lines. Traci, California, what have you got to say? Tracy, California?

CALLER: Hi, Jane. Yes, no, I`m trying to wrap my head around this, too.

The problem is, is that unfortunately, rapists don`t have it tattooed on their forehead. You know, like "I`m going to rape you." And, you know, being handsome doesn`t mean consensual. Nor does rape even mean sex. It`s violent.

And this man has -- I mean, he is very handsome. He has a great job. He probably has even saved lives. And yet he`s, you know, being accused of rape.

So women have to be really careful. You know, they have to empower themselves and be very careful, because you just never know.

VELEZ-MITCHELL: Yes. And you never know how somebody lures you back to your home saying, "Well, we`ve got to take a look at a book," "I`ve got to feed my cat." There`s many, many lines. And next thing you know, you`re inside there, and it can be a danger zone.

We`re going to stay on top of this case and find out what happens when this case moves forward with this defendant, represented by Mark O`Mara, who used to represent George Zimmerman.

All right. Up next, you know who is out of control again. Yes, I`m talking about Toronto Mayor Rob Ford. You won`t believe what he did this time. Let me give you a hint. Drunk, a rant, a fast-food restaurant, a brand-new YouTube video? Oh, yes.





UNIDENTIFIED FEMALE: They`re all in her face.

UNIDENTIFIED MALE: This officer did follow protocol.

UNIDENTIFIED FEMALE: You were out of line, sir. You were out of line.

UNIDENTIFIED MALE: Stop hitting her.

UNIDENTIFIED FEMALE: I didn`t see anything about her resisting arrest.


VELEZ-MITCHELL: Tonight, a routine traffic stop goes totally off the rails, and it`s all caught on camera. Check out this surveillance video: a Detroit cop tackling a woman to the ground, trying to arrest her. Wow.

You clearly see what appears to be 28-year-old Shakia Johnson resisting, and look, she`s talking. But her family said she did absolutely nothing wrong. Only the officer is at fault. Really?

Well, it all went down at a party store parking lot. Shakia was pulled over for not having no seat belt on, no car registration, no driver`s license, and expired plates. When the cop tells the woman he`s going to impound her car, she seems to lose it. You can see she is putting her finger up to the cop`s face and talking back.

He goes to arrest Shakia for lashing out. It gets ugly fast. Watch as he slams her to the ground, pulls out the handcuffs, and, boom, appears to hit her.

Shakia ends up in the back of the officer`s car and had a few words for the guy who just arrested her. Watch as she talks to herself on her cell phone.


SHAKIA JOHNSON, ARRESTED FOR MULTIPLE DRIVING OFFENSES: He`s laughing. That`s not funny. Nobody likes to see their daughter the way he just beat me.


VELEZ-MITCHELL: OK. Are both a little bit wrong? We don`t actually see the cop laughing in the surveillance video, as she claims. But if he did laugh, is that improper after tackling somebody this ferociously?

Straight out to the Lion`s Den. Joe Gomez, reporter, KRLD, Dallas, Texas. What can you tell us about this case? Given you`ve covered so many of these.

JOE GOMEZ, REPORTER, KRLD: Jane, this is a very unique and bizarre case. I mean, here Shakia Johnson is obviously upset that she`s going to be taken in for no seat belt, no driver`s license, expired plates and et cetera.

But what really catches my eye here is the fact that the cop slams her onto the ground, then looks to be punching her several times with a closed fist.

Now, we also have the store owner, who comes out and even tells the cop to stop. He says he told the cop to stop hurting her, to stop hurting her, to let her go. And he still refuses.

But police maintain the officer was acting well within his rights, that no excessive force was used, because she was threatening him, and apparently resisting arrest.


GOMEZ: I don`t know, Jane, is that call to be punched?

KADING: Wait a second...

VELEZ-MITCHELL: Let`s do a round robin. OK, Greg Kading, we`ll start with you.

KADING: Yes, Jane, this guy did it by the numbers. He did it exactly as he was trained to do it. It doesn`t look pretty. We don`t like to see it. But that`s exactly how a police officer should be dealing with that type of resistance. You take immediate control of the situation, and you let the other person determine what your level of escalation`s going to be. She takes a swipe at his face before he ever makes that punching movement. That`s an appropriate -- that`s an appropriate act.

VELEZ-MITCHELL: Let me ask you...

LEIBERMAN: Looked like she waved a finger.

VELEZ-MITCHELL: Would it be perhaps also appropriate or perhaps wiser, Dana Swickle, criminal defense attorney, to call for backup? As opposed to tackling a woman who`s clearly, at the very least, you might say a hot-head, by herself. Would there be another way to handle the situation or are we playing armchair quarterback unfairly?

SWICKLE: You know, Jane, you`re reading my mind. I was wondering where the backup was. And traditionally, whenever there is a pullover there is normally backup. In this particular instance, there was no backup. And I think it was an unexpected escalation of events that took place.

Look, we`re not officers. I`m not an officer; I`m a criminal defense attorney. You never know what can happen.

The minute that this woman started to rant and rave and resist arrest, he`s entitled under his protocol to use whatever force necessary he deems, No. 1, to protect himself, and No. 2, to be able to arrest her.

What`s interesting is, and it`s not clear in the video, is when they`re down on the ground, and he`s trying to cuff her. Is she still resisting? And that could be why he was utilizing force more so than just throwing her down on the ground.

I think that there should be an internal affairs investigation. I`m sure there will be one. And when there is, we`ll get more information.

VELEZ-MITCHELL: Yes, they are. They are. Jon Leiberman, you wanted to jump in?

LEIBERMAN: Yes. I mean, No. 1, there is no such thing as a routine traffic stop. I mean, this is proof, there is no such thing as a routine traffic stop.

No. 2, we`re missing an important piece. We`re missing the audio. We don`t know what words were exchanged. We don`t know what this suspect said to this police officer during all this. If there were threats made, things of that sort, there will be an investigation. But, you know, these are often split-second decisions that these officers have to make.

VELEZ-MITCHELL: Well, as I mentioned, the department is reviewing the situation. They believe the officer`s actions were in line and that he followed protocol, because a woman was fighting back.

But, the woman`s mother, OK, she is fit to be tied. And she`s probably the reason why we are doing this story, because the mother said the cop is wrong and nobody else. Her daughter didn`t do anything wrong. Let`s listen and debate it.


UNIDENTIFIED FEMALE: When I actually seen the footage of this, it was not called for, under any circumstances.

UNIDENTIFIED MALE: Would you say your daughter was acting belligerent?

UNIDENTIFIED FEMALE: No. Not under any circumstances. But he was. I didn`t see anything about her clearly resisting arrest. You was out of line, sir. You were out of line.


VELEZ-MITCHELL: Dana Swickle, I think there might be a confusion here about how you are allowed to be able to -- because we heard other supporters of this young woman who are saying it`s a free country. She can say anything that comes out of her mouth. Is that true? If a cop pulls you over, are you allowed to scream anything you want, or does that put you in a position of getting tackled to the ground?

SWICKLE: You know, I`m sure anyone can scream whatever they want. Does it make it smart? Absolutely not. I mean, look, we all know that the police officers are the...

VELEZ-MITCHELL: No, excuse me. I guess -- I guess what I`m saying is, is talking back to an officer, as opposed to, let`s say, pushing him or doing something physical, which would clearly be resisting arrest, is talking back to an officer and going like this considered resisting arrest under the law?

SWICKLE: Well, it could be resisting arrest without violence, absolutely. There are two different types of resisting arrest. There`s resisting arrest with violence, and then there`s resisting arrest with violence. And like I said, this I believe, was an escalation of events.

You know, if she would have put her hands behind her back when he said that he was going to arrest her, probably none of this was going to happen. But she didn`t. She put her finger in his face. She then was refusing to be arrested. And obviously, the cop at this particular point lost, you know, whatever it was that he was doing, felt that he was threatened enough to have to throw her down on the ground.


SWICKLE: Exactly what Jon said. We don`t know what the audio is going to say, so that`s what we need to hear.

VELEZ-MITCHELL: Yes. I wish somebody would do this to Toronto Mayor Rob Ford, who we`re going to talk about in a second.

First robin Meade sits down with some of the biggest names in music to give you a look behind the scenes at the biggest night in music. "BACKSTAGE EXPRESS" with Robin Meade, Thursday night, 6 Eastern, on HLN. Robin talks to country star Darius Rucker about his first Grammy experience almost 20 years ago.


ROBIN MEADE, HLN ANCHOR: This is in South Carolina. We`re at the Music Farm, your first musical home.


MEADE: I`ll call it that.

RUCKER: That`s great. That`s great.

MEADE: But you`ve been to the Grammys before. You`ve been a nominee before.

RUCKER: Yes, but it`s been almost 20 years. It`s been a long time between Grammy nominations.

MEADE: You remember being, the first time around, being the newcomer then?

RUCKER: Absolutely.

MEADE: Hootie and the Blowfish at the Grammys.

RUCKER: Absolutely. I remember just feeling like "Sesame Street" song. One of these things is not like the other. You know.

MEADE: One of these things is not like the other!

RUCKER: One of these things is not like the other.




UNIDENTIFIED FEMALE: Help. Help. Our house is on fire.

UNIDENTIFIED MALE: 16-year-ld Mitchell Simon kept a log and (inaudible) of a plan to kill his parents.

UNIDENTIFIED FEMALE: Even to think that your own son would do that to you.

UNIDENTIFIED MALE: To actually tie the door shut and set the house afire -- pretty serious stuff.

UNIDENTIFIED FEMALE: It`s heartbreaking. My stomach just turns to think of what they`re going through right now.


VELEZ-MITCHELL: Tonight, a 16-year-old boy accused of trying to burn his parents alive, inside the family home. There he is. Cops say this boy gave a full confession, and they have charged him as an adult with attempted murder -- two counts.

But the young suspect`s intended targets, dear old mom and dad, are fiercely defending their son. They insist their honor roll student is a good boy and they don`t believe what investigators say happened. That their son, Mitchell Simon, used rope to tie his parents` door shut, trapping them inside as they slept. He allegedly doused the rug in front of their bedroom with gas, and then lit it on fire.

Listen to the hysterical 911 call the suspect`s mom made when the smoke detector woke her up in the middle of the night.



UNIDENTIFIED FEMALE: Help. Help. Our house is on fire.

UNIDENTIFIED FEMALE: Ok. What`s your address, ma`am?

Ok, what type of fire is it?

UNIDENTIFIED FEMALE: A house fire. Inside a house.

UNIDENTIFIED FEMALE: Ok, is everybody out?


UNIDENTIFIED FEMALE: I need everybody to get out.


VELEZ-MITCHELL: Everybody did get out alive. The suspect`s dad jumped out the second-story window and broke his ankle. Mom was rescued by firefighters from this beautiful house, by the way.

Police say after Mitchell set the fire, he took off, taking his mother`s car. They arrested him a few hours later. Police say Mitchell even mapped out his murderous plan in his journal, drawing diagrams of what he planned to do with his parents, who he said he hated.

These same parents keep visiting him in juvenile detention center several times a week. You just saw them hugging him a second ago. Maybe sticking by their son is what any loving parent would do but let`s debate it tonight. Maybe it`s time dear old mom and dad woke up and smelled the smoke.

Straight out to the "Lion`s Den" -- I mean my gosh, Jon Leiberman, I`m not trying to knock parents showing unconditional love, but are they in complete denial here? Is that a hint of maybe how this young man got so out of control in the first place?

JON LEIBERMAN, HLN CONTRIBUTOR: Well, absolutely. When you look at the journals, and you look at some of the things that this boy was writing about his parents, and when you look at the fact that what appears to have been the icing on the cake for this boy was they took away his laptop. The night they took away his laptop is the night he`s accused of going to the basement, getting that rope that he had from when he was a boy scout and bringing it up and doing what you described.

So it does appear that he felt as if he had a controlling mother, he had a father he couldn`t do anything right by, but they are standing by him. But he is in a boatload of trouble right now.

VELEZ-MITCHELL: I have to go Ramani Durvasala, clinical psychologist. Is that an example of co-dependency, enabling, or is that just unconditional love where I`ve seen it so many times in court, everybody has abandoned the defendant, except Mama, who`s always there saying, "Oh, he couldn`t have done it."

RAMANI DURVASALA, CLINICAL PSYCHOLOGIST: Listen, Jane, parents are supposed to give unconditional love. That`s what they`re supposed to do. However, this kid has some serious mental health issues. This is what our whole country`s about, right? Young -- you know, teenagers who are having these issues and stopping them before they get too dangerous. He got too dangerous.

The question then becomes, what`s next? So these parents can go ahead and unconditionally love their son, but they better let go of him and he needs to get the help. He needs to also get out of the way of other people who he could harm.

So at the end of the day, you can call it co-dependency, you can call it unconditional love but the bottom line is this kid needs help and he also needs to be kept away from other people who he can hurt. That`s it.

VELEZ-MITCHELL: Well, those are mutually exclusive sometimes, if he goes to prison for much of the rest of his natural life --

DURVASALA: Exactly, yes.

VELEZ-MITCHELL: -- he`s not going to be getting the help he needs.

DURVASALA: No he`s not.

VELEZ-MITCHELL: But then again, we don`t want to see another affluenza case where a kid who comes from --


VELEZ-MITCHELL: -- an upper middle class home ends up getting the help he needs while all the other kids end up doing hard time for decades and decades.

Mitchell kept a journal where he ranted about his, quote, "racist, judgmental parents". The journal had a drawing of a house with the words "burn parents alive" underlined.


SERIFF RICHARD JONES, BUTLER COUNTY, OHIO: To actually tie the door shut and set the house afire, pretty serious stuff. And they had to jump out the window -- cannot get out your door because it`s tied shut. Pretty serious.


VELEZ-MITCHELL: Dana Zwickle, criminal defense attorney, sounds like the prosecutors have an overwhelming case. If the parents who are the intended victims don`t want to prosecute, they own the house that was damaged in the fire, they don`t want to prosecute -- there they are, hugging the defendant -- should the prosecutor drop the case?

DANA ZWICKLE, CRIMINAL DEFENSE ATTORNEY: You know, Jane, it`s so interesting, because this you could, I guess compare it to a domestic violence case, where a battered wife doesn`t want to prosecute, and the prosecutors go forward because of the allegations and the crimes that were committed. I think the prosecution is going to go forward.

But I think that this is all going to be based on mental health and probably trying to get this child help. There`s going to be a lot more to this story. But I think it`s going to be extremely interesting how the state proceeds when the victims themselves will not be willing victims and want to testify, or prosecute their son.

VELEZ-MITCHELL: Joe Gomez, reporter KRLD Dallas, the defense is apparently planning on saying, his intention wasn`t to kill his parents. His intention was to get them out of the way so they couldn`t stop him from killing himself.


VELEZ-MITCHELL: Do you think a jury is going to buy that?

GOMEZ: I don`t know, Jane. They would paint it as though it was a cry for help. I mean what really touches me is the fact that his mom is coming out there, seeing him three times a day, that when her house was on fire when she thought she was going to burn to death, the first thought in her head she says was, "Where`s my baby boy? Where`s Mitchell?" She was screaming out for him to make sure that he was ok.

She didn`t care about herself, even though her house is coming down in flames. She`s dangling out the window. But she`s still only concerned about her baby boy who police say tried to kill her. I don`t know, Jane. The jury is going to have their hands full with this one.

VELEZ-MITCHELL: And I don`t know. Aside from the fact that he incriminated himself reportedly in his journals, certainly the two key prosecution witnesses, the victims, mom and dad, are not going to be testifying to the prosecution. So maybe that will undermine their case. We`re going to have to see.

We`re going to stay on top of this one. Fascinating trial as it proceeds to the conclusion, what will it be?

VELEZ-MITCHELL: All right. Speaking of fascinating, as you may know him, Mr. Crack Mayor, Rob Ford, in a brand-new TV episode, you might say. There he is. At the very last place he needs to be, a fast-food joint. And he appears to be rip-roaring drunk, going on another tirade. You will not believe it.

On the other side.



ROB FORD, MAYOR OF TORONTO: I did not use crack cocaine.

Have I tried it? Probably in one of my drunken stupors.

And I have tried to move forward.

UNIDENTIFIED FEMALE: Were you drinking last night?

FORD: Yes, I was.

The reason I drank or did drugs was not because of stress, it was out of sheer stupidity.

The revelations yesterday of cocaine, (inaudible) prostitution, this has been an outright war.


There are no adjectives that are really appropriate for this man. It`s beyond being a buffoon or an embarrassment or a disgrace. He is in a category alone.

Mayor of Toronto, Rob Ford, caught on video, again, completely obliterated and wasted, again. You know, the first time we all remember, there he is, doing this weird dance and using all sorts of foul language, threatening people. He also admitted he used crack cocaine.

This time we got a YouTube video showing him drunk, holding court in a fast-food joint. Exactly the last place he needs to be -- talking gibberish and talking offensively in this Jamaican accent. Listen and try to comprehend. We had to put subtitles. Go ahead.


FORD: Leave me alone, man. They got five months for him. And try to tell me "We`re countersurveiling you guys?

You know what I mean. He`s hiding here. I`m hiding here.

(EXPLETIVE DELETED) you know how much money that cost.


VELEZ-MITCHELL: This guy just does not learn. Ok, that video taken just two days ago. He`s a mess. He`s wasted. We can all tell. Moments ago, the mighty mayor held a news conference, yes, he`s trying to squirm his way out of a mess again with his charm and charisma -- not.


FORD: My personal life does not interfere with the work I do day in and day out for the taxpayers of this great city. Monday was unfortunate. I had a minor setback. We all experience these difficult bumps in life. I`m telling the Toronto residents that I`m still working hard every day to improve my health and my well-being. But again, this is completely a private matter.


VELEZ-MITCHELL: No, it`s not. You`re the mayor of Toronto. It`s public business because you`re an elected official.

I`m an alcoholic with 18 years of sobriety. Knock on wood, in April I`ll have 19 years. This is not how sobriety works, Mr. Mayor. You can`t get drunk and say, I hit a bump. It`s not a bump -- it`s a slip, ok? You don`t work your way towards sobriety while drinking. Either you`re sober or you`re not. It`s black and white.

Stephanie Miller, radio host of "The Stephanie Miller Show", this guy is a show. But it`s a sick, sad, disgusting show. If there`s any bright side, is that it really shows people how gross being a drunk is.

STEPHANIE MILLER, RADIO HOST: Well, you know, Jane, he`s kind of my drinking role model, so I don`t want to be too harsh on him. But you know, a lot of people wonder if Andy Kaufman is really dead, I actually wonder if Chris Farley is really dead, because I can`t tell if it`s a sketch or real sometimes.

And when he was doing that sort of offensive Jamaican accent, he goes that`s how I talk with my friends. Well, the rest of your friends must be drunk, too, because that`s really irritating if they`re sober, right?

VELEZ-MITCHELL: Deanna Jordan, you`re an addiction expert with New Method Wellness, how sad is this? I know we all get a laugh. And I do. I find myself laughing at him, not with him. But it really is kind of very sad, too.

DEANNA JORDAN, ADDICTION EXPERT: That`s exactly what I was thinking, Jane. Like everyone thinks it`s really funny and it`s a big joke, but it`s sad. I mean he`s headed on such a hideous path to death and destruction. Why are the people in his camp not holding him accountable? I don`t understand that. I mean how do you just sit around and watch this guy ruin everything? And if he`s not going to be accountable, how can we expect the rest of the planet to be accountable?

VELEZ-MITCHELL: I think that there`s some weird bravado that some people identify with, like in other words, he`s acting out their worst impulses that they`re afraid to act out themselves.

There`s no other reason -- this guy`s running for reelection, and he`s still popular. That`s insanity. It`s absolute insanity.

We`re just getting started. On the other side, we`re taking your calls.

Rob Ford, what a joke.


VELEZ-MITCHELL: Did you know that every single night about 40 million Americans have a very tough time getting to sleep.

Nutritionist extraordinaire and Upwave star, Keri Glassman, what can we do about this?

KERI GLASSMAN, NUTRITIONIST: You`ve got to get your zs for your weight and your health. Pumpkin seeds, one of my favorite sleepy time food -- pumpkin seeds are loaded with tryptophan. Tryptophan is an amino acid that`s a precursor so it helps produce serotonin in the brain. Serotonin is that feel-good chemical that calms you down and helps you sleep.

Tart cherries -- tart cherries are one of the few foods that has melatonin in them. Melatonin is that hormone that helps regulate your sleep cycle. And then cashews -- cashews I love them, they`re a sweet nut -- have magnesium and zinc. And magnesium and zinc are needed to create that melatonin to regulate your sleep cycle.

VELEZ-MITCHELL: Keri, I`m going to sleep here already.



VELEZ-MITCHELL: Time for "Me, My Pet and I" with your pet selfies with #jvmpetselfie and we`ll show them on the air like Janet and Ninja. Aw, that`s love. Leslie Mike and Oliver -- that`s a trio with a patch, an eye patch. Jeri and Zinia -- very elegant, what a couple. And Jenn and Kitten -- they are adorable together.



UNIDENTIFIED MALE: Mr. Mayor, have you purchased illegal drugs in the last two years?

FORD: Yes, I have.



VELEZ-MITCHELL: He admitted to using crack cocaine, and he`s been accused of a whole lot of other things. Mayor Ford, however, vowed his drinking days were behind him. He claimed he was getting help with his problems. Listen.


FORD: I fully realize in the past I have drank alcohol in excess. I wish you to know I`m receiving support from a team of health care professionals. I am taking accountability and receiving advice from people with expertise.


VELEZ-MITCHELL: Deanna, there`s only two ways to get sober -- rehab or 12-step, and/or both.

JORDAN: Right. He`s either going to do it or he`s not going to do it, and he`s obviously not doing it. He`s a mess, he`s a train wreck.

VELEZ-MITCHELL: He is a train wreck. He`s an example of what happens if you got an addiction problem and you don`t get help for it. Look at that person. Don`t be like that person. If you`ve got a problem, get help. Go to rehab or 12-step. That`s the only way. Take it from me.


VELEZ-MITCHELL: Breaking news on the gut-wrenching dolphin massacre in the infamous cove in Taiji, Japan. The activist group, Sea Shepherd, live in Taiji, Japan. The killers had just found and they`re driving another pod of dolphins right now, perhaps already in the process of slaughtering them. Look at these rising dolphins. It`s sickening.

They`re apparently not content with killing 41, kidnapping 52 and terrorizing hundreds of other dolphins which is what they`ve done in the last day or so, all to sell these highly intelligent mammals with brains bigger than our human brains to amusement parks for people to have a dolphin experience.

Let`s go to Melissa Sehgal who is live in Taiji with Sea Shepherd. Melissa, describe what you`re seeing and what you know tonight.

MELISSA SEHGAL, SEA SHEPHERD: Well, they`ve driven in another pod of striped dolphins. We estimate about 20 to 30 dolphins. Although significantly smaller than what we saw over the weekend, just as vital, just as important that Japan is not stopping this. They`re going to continue to slaughter these dolphins and take them captive despite what the world is saying.

It`s -- every day we`re seeing this. We`re standing on the ground at the front lines live-streaming every slaughter, every captive selection. It`s emotionally draining. It is mentally fatiguing to witness this and put it into words what we`re seeing here.

But despite our own emotions, we put those aside and it`s about the dolphins, and it`s about bringing global awareness to what is happening here.

VELEZ-MITCHELL: You are bringing global awareness. Please, if you are upset, take action. Write to Japan`s Prime Minister, Shinzo Abe. Tell him to stop the slaughter. This man can stop it. And don`t patronize shows that feature dolphin parks. Please, we can stop it together.

Nancy next.