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JANE VELEZ-MITCHELL

Alleged Murderer Blames Girlfriend for Killing

Aired May 28, 2014 - 19:00:00   ET

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


JOEY JACKSON, HOST: Tonight, S&M and murder are at the center of a blockbuster trial.

A pleasant good evening to you. I`m Joey Jackson in for my friend, Jane Velez-Mitchell.

You know, prosecutors say that 31-year-old Seth Missoula brutally murdered 19-year-old Lizzi Marriott after she refused to play along in a bondage-style sex game. But the defense is pointing the finger at the suspect`s ex-girlfriend. Look at this.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: We created an angel, and she`s home in heaven.

UNIDENTIFIED MALE: It`s in this apartment that Lizzi Marriott was raped and murdered.

UNIDENTIFIED FEMALE: Strangling her and/or suffocating her.

UNIDENTIFIED MALE: Was inside that apartment where Kat McDonough caused Ms. Marriott`s death.

UNIDENTIFIED FEMALE: I can tell you that they were familiar with one another and that this was not a random incident.

UNIDENTIFIED MALE: Investigators say 29-year-old Seth Mazzaglia killed her in this Mill Street apartment in Dover. They knew each other through his girlfriend.

UNIDENTIFIED FEMALE: She was the kindest, most vibrant person.

UNIDENTIFIED FEMALE: Reporting that Lizzi may have died during a sexual encounter.

UNIDENTIFIED FEMALE: No matter what comes out, she didn`t volunteer for this.

UNIDENTIFIED MALE: God bless you all and thank you for caring about my daughter.

(END VIDEO CLIP)

JACKSON: Seth Mazzaglia is charged with murdering and raping this beautiful college sophomore. She hasn`t been seen since February of 2012. Prosecutors say that the alleged murderer choked her with a rope, raped her and killed her when she refused to have a threesome with him and his then- girlfriend, Kat McDonough.

But the defense is blaming Kat, claiming that she`s the sexual manipulator here, who suffocated Lizzi during sex and threw her body into a river. But who will the jury believe? Will this turn into another blame the victim?

I want you to call us tonight, please. Call me at 1-877-JVM-SAYS. That`s 1-877-586-7297.

I want to go straight out to Jennifer Crompton from our affiliate, WMUR.

Jennifer, you were in court. It was an explosive day. They`re just getting under way, I understand, today. Take us there. What happened? And what can you pinpoint in terms of what was pivotal for the prosecution or the defense?

JENNIFER CROMPTON, WMUR REPORTER: Well, today we`re opening statements. It was really where both sides laid out their cases and really opened us up to some of the direction they`re taking this case, and incredibly, two very different narratives.

I know you set it up with how things are breaking down, but on the prosecution`s side, it`s all Seth Mazzaglia`s fault. They described his relationship with Kat McDonough, his girlfriend, as that of master and slave, that he was getting her to try to recruit young women to join them in threesomes, that he had his eyes on young Lizzi Marriott, because she and Kat had worked together, and that he devised this plan to lure her there and get her involved in their bondage and sadomasochism. That when she got there, she said no. That they actually may have played a game of strip poker but she did not want to do anything more.

And that he strangled her with a rope and had sex with her, and then they concocted a story to get rid of her body.

All along, they were saying that Kat McDonough was the innocent in this, that she followed along because she was his slave, both in their sexual relationship and in life.

And then along comes the defense and totally flips the story, saying that Kat McDonough was what she called a self-described nymphomaniac. That she checked out bondage Web sites long before she moved in with Seth Mazzaglia. You know, he`s ten years older than she is. She was just 17 or 18 when they met. And yet, they are painting her as the leader in all of this, saying that she liked women and wanted to get women involved.

And that actually what happened was that Lizzi Marriott came to their apartment that night, that at least in terms of the defense`s story, that Lizzi Marriott had consensual sex with Seth Mazzaglia, and that afterwards he left, went into another room and that it was Kat McDonough that -- that tied her up and got her involved in something called breath play. Ultimately, she says in the course -- they say in the course of some sort of sexual act, that she was suffocated.

JACKSON: Jennifer, I`m sure it was very powerful...

CROMPTON: And it was sex gone horribly wrong.

JACKSON: I`m sure it was very powerful in that courtroom. I want you to continue to follow this. We`re going to be following this trial. We`re going to be speaking about it. And we appreciate you so much for giving us your point of view in terms of what happened today in court. Thank you, Jennifer.

I want to go right out now to the Lion`s Den. So it`s no surprise that the defense is blaming the victim, saying she died during a consensual threesome that involved rough sex, and it was actually the other female in the threesome, the defendant`s ex-girlfriend, who killed her. How`s that going to sound to the jury? I`ve got to go to you, Brian Claypool.

BRIAN CLAYPOOL, ATTORNEY: Well, Joey, unfortunately for the prosecution in this case, they don`t have a body, and you know as well as I do, in a case involving murder and rape, you need to have an autopsy that`s going to provide like a GPS to take your way and maneuver your way to where you can reach the jury for a guilty verdict.

There`s no cause of death. You don`t have any report of any abrasions, lacerations, for example around the neck, any ligature marks around the neck that might be very deep that would suggest that somebody was trying to kill her. Absent all that, Joey, I think this is a real hard case for the prosecution.

JACKSON: So Evangeline Gomez, let me ask you, just discussing what Brian just mentioned. Here`s why it`s why I don`t think it`s as significant. The defense here is conceding. The defense here is saying there`s a death here, because my client didn`t do it. It was the other person who did it. It was my ex-girlfriend who did it.

And so based upon that, do you think on that point of view does it matter if there`s a body or not a body when the defense is conceding that there`s a death here?

EVANGELINE GOMEZ, CRIMINAL DEFENSE ATTORNEY: I think it is relevant, because when it comes to exactly how she died, the jury is going to have a lot of questions. Was this the result of some autoerotic affixation? This is what Ariel Castro was said to have died from, Michael Hutchens, David Carradine. Was she into these types of sexual acts or a victim here? Or was she raped -- nonconsensual sex -- and then murdered?

So the jury is going to have a lot of questions. I do think it`s relevant. Even though both sides have conceded that she died, how did she die? So it can become an issue.

But what I also think is going to be really important is the credibility of Ms. McDonough. Is she someone who the jury is going to believe? Are they going to think she`s lying, she did this because she got a sweet deal and that`s why she now has this story against the defendant?

So I think you have a lot of issues that are here, so it`s going to be interesting to see where the jury goes with it.

JACKSON: Credibility, credibility, it always boils down to the issue of credibility.

GOMEZ: That`s right.

JACKSON: When you have a witness, particularly like this witness, where what happens? She states evidence. She got a sweetheart deal.

Coming back to the Lion`s Den momentarily. We have a caller on the line, don`t we?

CALLER: Yes, you know, I just wanted...

JACKSON: Janet, North Carolina, weigh in.

CALLER: Yes, sir, the person who can give them the accurate account is actually dead. And I really feel like both of them should be prosecuted at the same level for what they did to this young lady. Of course they`re going to blame each other, because then that`s going to be a problem for the jury; that`s going to bring a problem for the defense.

But the most important thing is the person who can tell you what really happened is dead. And now we have to go on the words based upon two crazy liars, which is so unfair.

JACKSON: Well, you know what? Speaking of that issue, I want to go to Ramani Durvasula. Just on the issues of crazy liars, OK, you deal with the mind; you deal with issues that affect this. How is the whole mental state going to play in when you`re talking about a defendant here who`s accused of murder. It was a threesome. You could argue that, you know, perhaps it was kinky or anything else that went on. Talk -- talk to us about state of mind and how that`s going to play.

RAMANI DURVASULA, CLINICAL PSYCHOLOGIST: Yes, there were three adults having a consent wall act, but there was also a violent crime which culminated in somebody dying. OK?

And I think what really concerns me is a lot of people are wondering, well, something is not quite right here, because this is done during the standards (ph) of sex. At the end of the day, this is a violent crime, and it`s a murder. And I think they`re going to call into question the state of mind of the victim and also the states of mind of the two people involved.

But they are violent people; they`re showing little remorse. They keep trying to put the blame on each other, and they`re liars. So whether one or both are at blame, you better be sure that one of them -- both of them need to be punished for this crime, because let`s keep the sex and the murder separately. We`re trying to link them together; they need to be treated apart.

JACKSON: It`s a fair point. So the prosecution says that the alleged murderer choked Lizzi with a rope before he raped her, but the defense is pointing a finger at his ex-girlfriend. Take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: This is the apartment that the defendant lived in with his girlfriend, and it`s in this apartment that Lizzi Marriott was raped and murdered.

And it was inside that apartment where Kat McDonough caused Liz Marriott`s death.

Beyond that fence is a little rocky point that juts out over the river. We won`t be taking you out there, of course, but it`s from that point that the defendant and McDonough dumped Ms. Marriott`s body into the Piscataqua River.

Kat McDonough pushed Ms. Marriott`s body.

(END VIDEO CLIP)

JACKSON: Zerlina Maxwell, now you`re hearing what this case is all about. And I do agree that the sex has to be separated from the actual act of murder.

But moving forward with this case, do you believe, having evaluated what you have, that the prosecution is in a superior position, or might the defense be able to get their client out of this? What do you think, Zerlina?

ZERLINA MAXWELL, CONTRIBUTOR, POLICYMIC.COM: Look, I think that the prosecution has an uphill battle here, because like we have said before, there is no body and that means that there is no physical evidence to show exactly how she was strangled and in what position, and whether or not perhaps, you know, only a man`s strength would be able to inflict that kind of injury.

But I think one of the things that we need to be focusing on here is we can`t get distracted from, you know, obviously, the real crime here by all the salacious details. Right?

So I think that there`s a conflation a little bit of having consensual sex with one or more other adults, which is perfectly an acceptable thing to do, as long as you`re communicating beforehand about what you want to do and what you don`t want to do.

So once -- even in S&M, I think if you`re not familiar with that world -- and I`m not saying that I am. But you have a clear -- there is clear communication beforehand and words that are spoken to say stop.

And so once that happens, even in S&M you`re supposed to stop.

JACKSON: Yes, you are.

MAXWELL: Another point, too, is that if McDonough was a man, if it was a male roommate that we were talking about here, we wouldn`t even be talking about her credibility, because I think that what they`re doing here is they`re really slut shaming both of the women in this case by talking about the salacious details and saying, "Oh, well, they`re not credible, because look at the crazy things they`re doing."

JACKSON: Well, here`s the reality. I think the prosecution has the upper hand here. Why? Because the defense is conceding that there`s the death. The defense is trashing the victim. The defense is blaming everybody but, of course, their client. And I`m a defense attorney; we do that. But at the end of the day, I think they could establish their case, and we`re going to talk about exactly why.

And we`re also talking about, coming up, a police dash cam was rolling as two women were subjected to a police body cavity -- that`s a full-body cavity search right on the side of the road on a Texas highway. Guess what? They`re joining us tonight.

But first, more on the murder of college student Lizzi Marriott. Is the defendant`s ex-girlfriend the real villain in this case?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: And it`s from that point that the defendant and McDonough dumped Ms. Marriott`s body into the Piscataqua River.

UNIDENTIFIED FEMALE: The defense again pointing blame directly at the former girlfriend, who is set to testify against him.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: She was going to some friends` in Dover. Another message was sent around 10 p.m. that night, and then she disappeared.

UNIDENTIFIED MALE: Depraved indifference to the value of human life by strangling her and suffocating her.

(END VIDEO CLIP)

JACKSON: Family and friends of the victim -- that`s Lizzi Marriott -- well, they say that she was a beautiful person, and it seems they fear that her good name could be trashed during this murder trial. Take a listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We were all so sad at this tragedy.

UNIDENTIFIED FEMALE: She was the kindest, most vibrant person, no matter what comes out, she didn`t volunteer for this.

UNIDENTIFIED FEMALE: No matter what comes out, she didn`t volunteer for this.

(END VIDEO CLIP)

JACKSON: "No matter what comes out, she didn`t volunteer for this." You heard it. That`s for sure. It seems the woman she`s referring to in this whole sex-storied game in this case.

Now, the prosecution says that the defendant and their ex- were into bondage-style sex. And they wanted Lizzi to play the role of a submissive partner in a kinky threesome. She refused, and that`s when they put a rope around her neck, choked her until she was unconscious, and then raped her.

But the accused reportedly told investigators they Lizzi died during consensual rough sex.

I want to go to our caller. I think we have a caller from Wisconsin. Mary, are you there?

CALLER: Yes, I am. Hi, Joey, and the Lion`s Den.

JACKSON: How you doing?

CALLER: Yes. You know, this girl, wiping her eyes, you know what? I think she was a pawn. And she asked the girl to come to the house, and he was waiting like a lion. And she was the woman that brought her there; she was the predator.

She got off of whatever deal they gave her. They both need to go to prison and get whatever that state gives them. I`m sick of people like this. She`s there wiping her face. I mean, you know, you do the crime, you know, you do the punishment. She`s -- these people that go and do this stuff, they`re like, "Oh, I`m just so innocent."

JACKSON: Mary, you`re...

CALLER: They both had a big part in this, Joey.

JACKSON: You are right to be outraged and so is our Lion`s Den. So let`s go back to our Lion`s Den, and Brian Claypool, great defense attorney, I want to come to you. From a defense perspective, you don`t think that she`s going to go to jail or he`s going to go to jail, do you? What say you?

CLAYPOOL: Joey, the prosecution made a monumental mistake in this case. They should have done two things differently. They should have waited a little longer to see if they could find the body first.

Second, they should have never cut a deal with the devil. The only evidence they`re going to be able to have in this case is through this woman, who has admitted participating it, and she gets off.

What they should have done is tried -- tried him first...

GOMEZ: Louder (ph).

CLAYPOOL: ... and then brought her into that case to testify when she didn`t have a deal cut already. And then that would have put the pressure on her to tell the truth, and that`s the way you make both of these folks go to jail for murder.

JACKSON: Is he right, Evangeline?

GOMEZ: They would have a case without her cooperating and sadly, that`s the problem here. These are the facts that you`re given, so the state has to do what they can with the facts that have been dealt to them. And not have a case? The family would be outraged. The community would be outraged.

And so this is typical. Prosecutors do this all the time. There`s nothing wrong with what they`ve done here.

CLAYPOOL: The difference here is you don`t have a body, though.

UNIDENTIFIED FEMALE: There`s a lot of case where there`s no body.

GOMEZ: Lots of cases there are no body.

And two, let`s remember. He wrote a note, hand-written three-page letter, to Ms. McDonough, stating he was going to create these alibis. They were going to blame it on two friends."

So that`s something that the prosecution also has to work with, even though it`s been shredded and somewhat re-created. Those are the reports that are out there. So they`re doing the best job they can.

JACKSON: Go ahead, Zerlina.

MAXWELL: Yes. I think that, you know, the bottom line here is that, yes, the prosecution, like I said, has an uphill battle, but I think that they have a lot of compelling facts on their side. And the fact that the defense has chosen to slut shame not only the victim but also the female witness, star witness, is going to make them look very bad in the eyes of a jury, who`s going to hear a consistent narrative from the prosecution, which they started today talking about the humanity of Lizzi Marriott and how she was a great person and a trusting person.

And no one deserves this, no matter what you consented to in the beginning, even if it`s kinky.

JACKSON: Now I know I`m a defense attorney, but I`m the prosecutor tonight. I think the defense is going to lose this case. The prosecution prevails. They`re blaming the victim. Wrong strategy, wrong move. We`re going to talk about it further in a moment.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: This is the apartment the defendant lived in with his girlfriend at the time, Kat McDonough, back in October of 2012. It`s in this apartment that Lizzi Marriott was raped and murdered.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I can tell you that they were familiar with one another and that this was not a random incident.

UNIDENTIFIED MALE: We`re all so sad at this tragedy.

UNIDENTIFIED FEMALE: No matter what comes out, she didn`t volunteer for this.

(END VIDEO CLIP)

JACKSON: So not only is the defense claiming that the ex-girlfriend, Kat, wanted the threesome, they`re also saying she`s mentally ill. She hears voices. Listen to what they said in opening statements earlier today.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: She had five voices in her head that weren`t games, because she disclosed them to other people before even meeting Seth. She gave them games. Five of them. Violet, Inay (ph), Charlotte, James, her unborn son. And she struggled with it. She actually described how they caused her to be uncertain about things like, well, the truth. She said it caused her to lie.

(END VIDEO CLIP)

JACKSON: Now obviously the defense, they have to have something, documents, witnesses, something out there that they`re going to unleash upon Kat when she takes that stand. Otherwise, they wouldn`t be bringing any of this up.

So I want to go, before we get to the Lion`s Den. They`re rambunctious; they want to, you know, weigh in and fight. But let`s go to Jody. I think we have Jody on the phone. Do we not?

CALLER: Yes.

JACKSON: Hi, Jody. You`re from Montana. What do you have to say about this?

CALLER: I was a rape victim 40 years ago, and he went on for 40 years to have a very good career of doing that. He was locked up in a nuthouse three times and in prison once. And when will people realize that it`s not going to change? These people, when they`re sick and they`ve done something like this, it`s in them; they`re broke?

JACKSON: So I ask you -- Jody, I ask you the question: who has the upper hand here, the prosecution or the defense?

CALLER: I would hope the prosecution.

JACKSON: OK. And you base that upon what?

CALLER: Just the fact that the victim, how can she even defend herself being dead now?

JACKSON: We always appreciate our callers. Thank you so much, Jody.

I want to go back out to the Lion`s Den. Ramani, I want to start with you. You`re the clinical psychologist here. What say you in terms of what`s next in this case, and whether this "trash the victim" defense is going to resonate in the minds of the jury?

DURVASULA: There`s one assumption here that`s really troubling to me. And that`s the idea that this was consensual. The victim is dead, and you`ve got two liars. So exactly who`s saying this is consensual? On what basis?

So it`s the big premise, that this is being done and that the victim agreed to the sex act, and thus there`s something wrong with her and so on and so forth from there.

I think it`s already a faulty premise, No. 1. And No. 2, you`ve got - - you`ve got them trying to set up sort of a defense around dissociative identity disorder or multiple personality. That is not going to fly.

So I really like to think that the prosecution is at an advantage here, because at the end of the day, I am not convinced that there was anything consensual that happened here.

JACKSON: Going around the horn. Evangeline, I ask you, prosecution or defense? Who prevails?

GOMEZ: Well, obviously, we have more days to go on the trial.

JACKSON: Many days.

GOMEZ: But I`ll say right now, the prosecution. This is somebody who`s dead. This is a young woman, and regardless of what happened, I think her death is going to resonate with a lot of jury members.

JACKSON: Brian Claypool, prosecution or defense?

CLAYPOOL: Defense, Joey. No evidence of a rap. No evidence of a strangulation, and no evidence of a suffocation.

JACKSON: Zerlina.

MAXWELL: Prosecution, because you can`t lay the narrative that your star witness is, quote unquote, "crazy" when, really, there is no evidence of that. And also, you know, I don`t think that smearing her and saying that she`s crazy would work if it were a male roommate we were talking about.

JACKSON: And Ramani, you say prosecution, right?

DURVASULA: Yes, prosecution.

MAXWELL: I do.

JACKSON: Two-two. I get to break the tie. I say the prosecution prevails. We`re going to talk about that; we`re going to see about that later.

But next on this show, two women subjected to a cavity search -- full body cavity search -- right on the side of the road, as a police dash cam video records it all. They were pulled over for something that most of us do all the time. So why did it come to this?

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: If you hid something in there, we`re going to find it.

UNIDENTIFIED FEMALE: You`re going to go up my private parts?

UNIDENTIFIED FEMALE: Yes, ma`am.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

UNIDENTIFIED FEMALE: Can I put my dress on because I have my swimsuit on?

UNIDENTIFIED MALE: No, don`t worry about it. Come on out here.

UNIDENTIFIED FEMALE: Never expected their trip home from the beach would lead to a body cavity search on the side of highway 288.

UNIDENTIFIED FEMALE: You`re going to go up my private parts?

UNIDENTIFIED FEMALE: Yes, ma`am.

UNIDENTIFIED FEMALE: Why do you need to do that search?

(END VIDEO CLIP)

JACKSON: Tonight, shock and outrage over a dash cam video showing a Texas trooper pulling over two women wearing bikinis and then deciding to do a full body cavity search right on the side of the road. The two women were pulled over for speeding while driving back from the beach.

When the male trooper came to the car window he said he smelled marijuana and made the women get out of the car. But when the driver said she was still in a bathing suit and simply wanted put on some clothes, he told her, don`t worry about it. But that was just the beginning. He found a small amount of marijuana in the car and took that as an invitation to radio a female officer to do a body cavity search right on the side of the road. And even more shocking, the entire thing was caught on video.

Take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Can I put my dress on because I have my swimsuit on?

UNIDENTIFIED MALE: No, don`t worry about it. Come on out here.

UNIDENTIFIED MALE: One of them has her zipper on her shorts. Her daisy dukes or whatever they are.

UNIDENTIFIED FEMALE: If you hid something in there, we`re going to find it.

UNIDENTIFIED FEMALE: You`re going to go up my private parts?

UNIDENTIFIED FEMALE: Yes, ma`am.

(END VIDEO CLIP)

JACKSON: Could you believe that. And the women say that the female trooper -- get ready -- didn`t even change gloves between the searches. At first the female trooper was fired. But after being criminally cleared by a grand jury, she was then suspended for 60 days without pay. The male trooper who first pulled the girls over and ordered this cavity search was fired and remain so but the women are now suing claiming they were humiliated by the people who are supposed to protect them.

Our "Lion`s Den" of course is fired up and ready to debate, but first, I want to go out to our very special guest tonight, one, she`s the woman in the video, Alexandria Randle. Welcome, thank you so much for being here. And I know your attorney is here Allie Booker. I appreciate both of you being here.

Can you just tell us Alexandria, I mean did this really happen? Take us through what happened to you that day.

ALEXANDRIA RANDAL: Yes it really happened. We were -- Memorial Day at the beach with all of our family, and we were headed home in like a caravan. It was all of our family following us behind. Maybe one or two cars were in front of us.

But a cop stopped us and said he smelled marijuana in the car. He got us both out of the car, handcuffed us both. Got Brandy in a car -- his car, his vehicle. Put me in another officer`s vehicle. And the officer cavity searched Brandy first. And she didn`t have her own gloves when she showed up. She borrowed a glove. She asked an officer for a glove, therefore not having another one, she came over and did the same thing to me, not switching out anything, which is very unsanitary and just really hurtful to even think about still. But that`s pretty much what happened.

JACKSON: Absolutely and Ali, before I get to you, if I could just ask your client a few more questions. Could you just take us through, I mean the humiliation, you must have felt, the violation that you must have felt --

RANDLE: Yes.

JACKSON: -- the disbelief.

RANDLE: Yes.

JACKSON: Just take us through that if you can and I`m sorry to bring you back to that moment.

RANDLE: Yes, it was extremely humiliating, especially with my entire family including my eight-year-old nieces and my nephew were in the back of the car and they saw all of this happening as well as everybody on the side of the road, it was very embarrassing.

I have a whole different feeling when I see police officers now, and I`m not just saying that, it`s just very -- it`s a very touchy thing dealing with them, you know, I haven`t gotten pulled over since, which is good news, but I kind of dread. I kind of dread, you know, if I do get pulled over again how I`m going to feel about everything.

JACKSON: I get it Alexandria, because obviously we expect police to protect and to serve, and a vast majority do, of course -- I don`t want to besmirch all police at all. But this one particular officer in doing this -- I mean you appeared to being cooperative to me, you appeared to do and comply and to do all the things you were directed to do.

Is there anything we`re not seeing on that tape or any way that there was an exchange between you two that would have made him upset with you to do something like this?

RANDLE: Not at all. Not at all. Me and Miss Hamilton, Brandy, we were very cooperative. He ordered us out of the car. He emptied all of our food out that we had that day. We were taking home fruit that we left over from the party at the beach. He emptied all of our food out on the grass.

He answered Brandy`s phone, it could have been her job, it could have been her mother, who knows? He was very disrespectful, especially because we were two women. I don`t think that that was appropriate at all. At all -- it was very uncalled for.

JACKSON: Absolutely not. And Allie Booker, I know you`re the attorney here. Can you just take us through -- I mean the legal claims that you have here and in conducting your investigation, Ali, as I`m sure you have, is there anything in police procedure, protocols, rules, regulation, anything that might remotely justify a full body cavity search for someone who`s speeding on a highway?

ALLIE BOOKER, ATTORNEY: No way, no how. They`re not even allowed to do cavity searches at the jail. And here we are on the side of the road. It`s alarming to me. I actually cannot believe that they actually did it. And in the video, they even state, there`s a video, you know, because Brandy Hamilton states that she`s going to tell someone that what they did was improper. And they said that`s perfectly fine, we have it here on dash camera. And pointed at the dash camera.

JACKSON: That is absolutely amazing. And tell us, Allie -- I mean I know a lot of what you`re doing is not only for the damage, of course, your victim comes first Alexandria. But in terms of police protocol moving forward, do you think we`ll see a shift because of a lawsuit that you filed rightfully so in the way things like this are done. I know you want to send a message to the police department. this is not acceptable, is it?

BOOKER: It is not acceptable and that`s exactly what I`m trying to do. I`m trying to send a message and I want to make sure that there`s no police officer anywhere in this United States that thinks that it`s ok to cavity search women on the side of the road. Women are supposed to be protected. And it is horrible to think that riding on the side of the road, the person that`s supposed to keep you safe would basically rape you.

JACKSON: Absolutely. And Allie, how much of your lawsuit is predicated upon the psychological damage, the trauma, the violation that Alexandria just described to us that she felt that basically she was molested and violated by the police?

BOOKER: That is why we -- we are trying this case. And Texas has settled, you know, thank goodness for that. Brazoria County is still fighting, but that`s going to come into damages, and how much these women were psychologically and emotionally damaged. They have seen doctors for that and that comes in on damages. Much of this is a section 1983 claim which piggy backs off of the civil rights movement, but yes that comes into damages on how much that jury is going to award.

JACKSON: And just with respect to the officers here, I know one of them was fired and the other one, for whatever reasons were not, but I mean what about criminal prosecution? I understand that the female officer was cleared. What about -- can you tell us, Allie, with regard to the officer who was fired, was he criminally prosecuted as well? Or was there an attempt to criminally prosecute him?

BOOKER: No criminal prosecution has been done to either police officer, is my understanding. I believe that the woman was arraigned through the grand jury. But you know, grand jury proceedings are so secretive, you really never know. So I can`t really answer that question, because that is something totally -- it`s done behind the scenes and it`s very secretive.

JACKSON: You know -- absolutely. And Alexandria, you`re very brave. We so appreciate you joining us tonight.

RANDLE: Thank you.

JACKSON: I mean what do you have to say right now to the police department and to someone who would engage in this or do this to you, is there a message you would like to send?

RANDLE: That is not right, we`re human and everyone knows what`s right and wrong, and especially being a woman, you don`t violate another woman, especially at a man`s command. It was completely out of character as an American, as a woman, as a human. It was an inhumane thing done both to me and Miss Hamilton and I just really pray that it doesn`t happen ever again and that`s the whole goal for all of this that it doesn`t happen to another young girl like her or I ever again.

JACKSON: Well, Alexandria Randle, Allie Booker. We so greatly appreciate you joining us. You`re, again, very brave to do it. Let`s hope it doesn`t happen again. And Allie let that lawsuit send a message to Texas and anybody else who would do this to women. It`s a shame.

Thank you so much for being here.

RANDLE: Thank you.

BOOKER:

JACKSON: So next, we`re changing gears, just a little bit or a lot -- I should say. The most popular boy band on the planet lands in the middle of a smoking hot controversy. Could a leaked video derail One Direction and turn their devoted fans and parents against them?

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CROWD: One Direction. One Direction. One Direction.

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UNIDENTIFIED FEMALE: One Direction.

UNIDENTIFIED MALE: You see this way that these ladies right behind us.

UNIDENTIFIED FEMALE: Darling -- really.

UNIDENTIFIED FEMALE: Musical heart throbs.

UNIDENTIFIED MALE: I just think it`s fun.

UNIDENTIFIED MALE: It`s been amazing for us. We`re just still kind of getting used to it all.

UNIDENTIFIED MALE: It definitely happened quickly for us.

UNIDENTIFIED MALE: They`ve been absolutely amazing.

UNIDENTIFIED FEMALE: Five guys, One Direction.

UNIDENTIFIED MALE: It`s just fun.

UNIDENTIFIED MALE: It`s fun.

UNIDENTIFIED MALE: Yes, it is fun.

(END VIDEO CLIP)

JACKSON: What a reception they got there, huh? Tonight trending all over Twitter, shocking new video surfaces of the super squeaky clean boy band, One Direction, allegedly smoking weed and joking about it and I quote, "Mary Jane in a smoke-filled car."

Check out this picture of the band member. That`s Zayn Malik. He`s smoking what appears to be a rolled up cigarette in the controversial video that was obtained by the "Daily Mail". Zayn and Louis Tomlinson talk about lighting up a joint quote, "While laughing and joking about their" -- quote again -- "contraband and Mary Jane." We, of course, know that to be slang for marijuana.

The pair passed the rolled up cigarette back and forth in the leaked video. It was reportedly filmed while the guys were on their way to a sold-out concert in Peru. As you might imagine, since the video was leaked, parents and fans have exploded the Twitter-sphere demanding an apology from the super famous boy band.

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JACKSON: Talented bunch, they are, that`s for sure. Now we can`t independently confirm what they`re smoking, but we reached out to One Directions camp and here`s what they said, and I quote, "this matter is in the hands of our lawyers. No further comment."

Out to our fantastic "Lion`s Den", well, before we get to them, I want to know whether it wreaks havoc on their image. I have to get to Alexis Tereszcuk -- you have been following this, tell us what you know and what`s the latest?

ALEXIS TERESZCUK, RADARONLINE: Well, it looks like the boys who do have a squeaky clean image have been busted. I love the way that you say that it is a rolled up cigarette. I mean it looks like pot -- they talk about --

JACKSON: We have to be careful Alexis.

TERESZCUK: I know. I know. I appreciate that.

They are rock stars. This is nothing compared to what the Rolling Stones did. This is amazing that people are so outraged about this. I mean it`s a drug that a lot of people do, and a lot of people are working hard to make legalized, I know a lot of people, especially on this network don`t like that. But these kids are rock stars and this is just something that`s going to happen, I think.

JACKSON: You know what, Alexis, you sound like myself as a defense attorney, you sound like Brian Claypool, you sound like Evangeline Gomez. Guess what -- guess who else did this? You know, the Rolling Stones were also guilty of something like this. I mean we don`t know the deal yet, Alexis, at all. But does it appear to be -- was it marijuana?

TERESZCUK: It looks like it`s marijuana. The other thing that`s really interesting is, how did this video get out? Doesn`t it seem a little suspicious? The two boys are obviously filming each other, maybe One Direction wanted to shake up their image a little bit. I always am suspicious -- I`m a conspiracy theorist when it comes to PR moves. Maybe this is a PR move.

JACKSON: Well, Alexis, we appreciate all you do. Looks suspiciously like a rolled up cigarette -- a funny rolled up cigarette. and I`ll leave it there.

I want to go to a caller now, before we get to the "Lion`s Den". I think the caller`s from New Jersey, are you not?

KRYSTAL, NEW JERSEY (via telephone): Yes, I am. Good evening.

JACKSON: Good evening to you. So what say you?

KRYSTAL: Yes, it`s no surprise so me that this video was leaked out, you know, when you sign up to be a celebrity, there is no privacy like a regular civilian or a citizen like myself. It`s not shocking. It`s not surprising, you know, just -- you know, these kids and now they are adults and most of the kids now, they`re doing drugs and popping pills and smoking and things like that and then you have kids at home that are younger than them, that`s watching these videos and they`re looking up to them as role models and they think that smoking pot is cool. And it`s not cool. But you know, they have a life to live and I guess they`re living. But it`s not shocking or surprising to me.

JACKSON: Not shocking or surprising, I don`t think anyone would agree. But we certainly don`t condone it. So let`s go to the Lion`s Den and see what the lions are going to be roaring about.

Brian, I have to go to you, all right. This whole issue with this drug, I know they`re legalizing it in certain states, doesn`t make it right. But let`s take it down to the basics. This is a squeaky clean group. They got that squeaky clean Sarah Jitter image. What does it do to that, Brian, if anything?

BRIAN CLAYPOOL, CRIMINAL DEFENSE ATTORNEY: Hey Joey, look. My life is boring that over the Memorial Day weekend, I will tell you, I saw the documentary that One Direction did. And these guys were shown camping out in the woods. They were shown praying before their shows. And now, all of a sudden, the truth comes out. You light up my life might be -- maybe they`re talking about a joint and not a woman.

JACKSON: They might be.

CLAYPOOL: That`s right, might be it should be Wrong Direction instead of One Direction. Now look --

JACKSON: Go ahead Brian. Go ahead Brian.

CLAYPOOL: the problem I have, Joey is I have got a little girl. And look, this to me is a fraud. We as a society cannot accept this excuse, oh, they`re rock stars. If you want to go a concert, perform and have that privilege, you should be clean, sober and in fact I would advocate today on your show, Joey, that we need to do drug testing of musicians. We all pay money to go to these concerts, I don`t want to go pay money to see someone who`s stoned doing a concert.

TERESZCUK: But you do.

JACKSON: All right. Come on, you`re a defense attorney, don`t indict him yet Brian. Come on.

We`re going to get back to our "Lion`s Den". More on this discussion, more about marijuana, more on images and the effects on their brand coming up.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I wouldn`t say, you know, it`s something you really have to like deal with. It`s fun. It`s exciting and you know, when we have fun -- with this dedication and this support, we can`t really complain.

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UNIDENTIFIED FEMALE: Guys, just look at that. Like everyone -- everywhere you go, everyone goes berserk. Like how do you cope with that? How do you like deal with that?

UNIDENTIFIED MALE: Well, it is a lot fun being our age and having a lot girls coming out for you --

UNIDENTIFIED FEMALE: 70,000.

UNIDENTIFIED MALE: Yes, exactly. We can`t complain. It is great. We have a lot of fun.

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JACKSON: Superstars. People just love them, they really do. But the people on Twitter are in an uproar over this video.

Straight out to Jackie Taurianen. Jackie you`ve been following these trends on Twitter. What`s going on?

JACKIE TAURIANEN, HLN PRODUCER: Joey, you know what -- I have to tell you, while parents might be outraged about this video, the fans are really sticking with the guys.

Let`s take a look at a few tweets the Directioners, as they lovingly call themselves, have posted. Sarah says, "I love one direction. I honestly don`t care if they smoke weed or not. It`s not my place to judge. #nohate. #ZaynAndLouisSmoking.

On to One D Fandom who tweeted, "Zayn and Louis can do whatever they want. I will love them and support them no matter what. Stop judging them. It`s their choice."

And Rabab says, "Raise your hands if you`re not leaving the boys no matter what happens, that you will always support them. #Zouispassmethatblunt. Right?

Of course it wasn`t long before people started having fun with Photo Shop.

JACKSON: You know that`s coming.

TAURIANEN: Of course, right? Exactly. Take a look at this new merchandise. Not really sure if you can buy it anywhere. But I think it shows the fans are having fun. They`re laughing.

Speaking of having fun, check out this Zayn mock-up. Here he is having a frappucino, blowing up a balloon, having a party. Right. It just seems like they are having a good time.

JACKSON: Jackie --

TAURIANEN: Yes?

JACKSON: We know that that`s just the beginning, don`t we? I mean you know what`s coming.

TAURIANEN: Of course. Of course.

And honestly, Joey, on a more serious note, there were a few fans on Twitter saying that they were going to rip up their tickets. They didn`t want to be fans any more. But the majority of the stuff that I`ve seen is really they are supporting these guys. They are sticking with them. They don`t care about this video.

JACKSON: Great point, Jackie. Listen, great reporting -- nicely done.

Let`s go back out to the "Lion`s Den". Zerlina, what say you about this? Listen, the fan support they get, if we had people as loyal as they do, man, life would be good. Does this impair their brand? Talk to me.

ZERLINA MAXWELL, POLICYMIC.COM: No. It just doesn`t damage their brand at all. I think that probably they lost four or five fans. But we have to keep doing this. Every time there`s a young star coming up, whether Britney Spears or Nsync or whoever, Miley Cyrus -- and then they come of age and they get caught doing something that doesn`t mirror the image that we`ve been sold all along, and we feign outrage and we pretend like weed is not a normal thing and legal in many states.

JACKSON: You guys are a great panel. They are a great band. We will see what happens ultimately. I say that their brand continues to move on. We don`t want to condone any marijuana smoking. Everyone should live a nice law-abiding life. And stay away from the weed pretty please.

It`s been a fun show. I thank my panel. I thanks the "Lion`s Den". I thank the viewers.

Nancy Grace, she`s next.

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