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Police Investigate Taylor Behl`s Murder

Aired October 7, 2005 - 20:00:00   ET


NANCY GRACE, HOST: Tonight, grand jury watch, as we wait along with the family and friends of 17-year-old Taylor Behl for charges to come down in the death and disappearance of the Virginia college freshman, authorities working 24/7 to determine who killed Taylor Behl.
And tonight: They weren`t even safe in their own homes. Home invasions, vicious attacks in a quiet residential area, leave six dead and a community stunned.

Good evening, everybody. I`m Nancy Grace. I want to thank you for being with us tonight.

Tonight: Police say the innocent victims asleep in their own homes became victims of home invasions, invasions that escalated into six murder charges, victims shot and beat with aluminum baseball bats, all while they were sleeping.


VERNON KEENAN, DIRECTOR OF GBI: Of the six victims, one was shot and beaten, and the remaining five were beat to death with what we believe is a ball bat and a hammer.


GRACE: And tonight: Did a Minnesota judge bungle the case of sex offender Joseph Duncan III? Remember Duncan, accused of kidnapping 8 and 9-year-old Dylan and Shasta Groene and then killing the little boy, his mom, her boyfriend, and the 13-year-old brother?

Well, tonight, police are searching desperately for answers in the death of 17-year-old Virginia commonwealth student Taylor Behl. What led investigators to the shallow grave where Taylor was found?


RODNEY MONROE, RICHMOND, VA, POLICE CHIEF: During the past week, we had gone into a mode of searching locations that we knew Taylor to have visited, based on statements, based on photographs, based on a host of other things. That is what led us to this particular location.


GRACE: I want to go straight out for the latest to Jim Moret, chief correspondent with "Inside Edition." Jim, what`s the latest?

JIM MORET, "INSIDE EDITION": Nancy, at this point, this is still not technically a murder investigation, even though we obviously know that`s what it is. And that`s because police are not yet disclosing or have not yet determined the cause of death. And until they do so, this isn`t a murder investigation and they have not named a chief suspect.

However, we know that one person who`s in custody, 38-year-old Ben Fawley, is the person police seem most interested in. Now, you heard the police talking about what led them to this scene. It`s believed that it was photographs, specifically, photographs taken by Ben Fawley, that may have led police to the location of that shallow grave where young Taylor was found.

GRACE: To David Hicks, commonwealth attorney for the city of Richmond. Have even persons of interest, much less suspects, been named yet?

DAVID HICKS, RICHMOND, VA, COMMONWEALTH ATTORNEY: No suspects have been named yet, Nancy, so we`re pretty much still in the same mode as we`ve been since the discovery, you know, of the remains of Taylor.

GRACE: Back to you, David Hicks. Virginia has the death penalty. Is it correct that the perp would have a choice between -- if this becomes a death penalty case, between death by needle or electric chair?

HICKS: Well, that`s putting things, you know, a little bit far down the road. But the law in Virginia, if, in fact, the death penalty is given, the defendant -- the convicted, at that point in time, does have a choice of death by lethal injection or the electric chair, yes.

GRACE: Well, David, I completely understand that we`ve got to have a suspect named, indicted, an investigation, a trial, a guilty verdict and a penalty handed down. But there`s never a problem with planning ahead.

Take a listen to this.


MONROE: The remains that were recovered here in Mathews County on yesterday`s date have been positively identified as that of Taylor Behl, the missing student from Virginia Commonwealth University.

The scope of this investigation has narrowed significantly, whereby it is now a very targeted focus. And that`s where our investigation is right now. That`s where we`re going to continue, and there`s -- I have the utmost confidence that we`re going to be able to resolve this case.


GRACE: Jim Moret with "Inside Edition" -- Jim, the timeline is a little confusing, but we do know that this amateur photographer, Ben Fawley, places himself with Taylor Behl the night she goes missing. And I can`t help but believe he`s using a preemptive strike -- in other words, placing himself with her, claiming they had consensual sex so as to explain away DNA that could be found on the body.

He also claimed he was attacked by an unknown group of people, taken off to a dirt road, robbed and then dumped out. Police have basically said there`s nothing to that. Remember, Fawley not an official suspect as of tonight. But Jim, where do the skateboarders -- I`m referring specifically to Jesse Schultz and the skateboarders -- where do they fit into the timeline?

MORET: Well, they fit into the timeline because, remember, Taylor`s roommates said that Taylor was going to go out skateboarding at about 10:30 the night she went missing with some skateboarders, and it`s believed that Jesse Schultz may have been one of those skateboarders. But Jesse Schultz claimed that he didn`t know Taylor and had never been with her, even though a dog picked up a scent in Taylor`s car when it was found some 12 days late and brought police to Jesse Schultz`s home. He was arrested on unrelated drug charges.

GRACE: Right.

MORET: So there are now two people of interest, but it clearly appears that Ben Fawley is the main focus by the police.

GRACE: So Renee Rockwell, you`ve got Jesse Schultz`s scent being picked up by a bloodhound in her car. I guess that dog`s trying to frame him!

RENEE ROCKWELL, DEFENSE ATTORNEY: Nancy, it is. But what`s interesting is that there are no specific charges of homicide against any two of these guys. What they did was they put 16 counts of child pornography against Fawley, so he`s not going anywhere. This guy`s got charges against him, too. Good place to keep them quiet.

GRACE: Well, right now, Jesse Schultz is walking free on bond, with a cocaine charge, a misdemeanor cocaine charge, there in Virginia. But Jesse Schultz was approached by a reporter to ask him his thoughts on the Taylor Behl case. Let`s take a listen to what Schultz had to say.


UNIDENTIFIED FEMALE: Do you think that you`re being unfairly mentioned as police continue their investigation into Taylor Behl`s disappearance?

JESSE SCHULTZ: I really can`t say.


SCHULTZ: Because I don`t want to.

UNIDENTIFIED FEMALE: Do you think that the investigation is bringing them any closer to Taylor? Did you know Taylor?



GRACE: Let me go straight out to this young man. He was a little too busy reading the newspaper to comment on his dead friend, Taylor Behl. Let`s go his lawyer, Joseph Owens. He is joining us tonight by phone. Welcome, Mr. Owens. Is your client, Jesse Schultz, a suspect in this case?

JOSEPH OWENS, JESSE SCHULTZ`S ATTORNEY: I have no information that he is a suspect. No one has notified us that he`s a suspect.

GRACE: Has he been questioned in the case?

OWENS: He was questioned in the case before I was retained to represent him on the charges that have been placed against him.

GRACE: Did your client see Taylor the night she went missing?

OWENS: No, he did not.

GRACE: Was he -- did he go voluntarily to the grand jury and testify?

OWENS: Mr. Schultz did not testify before the grand jury.

GRACE: Right now, your guy, Jesse Schultz, has, I believe, a misdemeanor cocaine charge, right?

OWENS: That`s not correct. In Virginia, possession of cocaine is a felony.

GRACE: OK. Thank you. I thought that was very unusual that it would be a misdemeanor. Did your guy take a polygraph?

OWENS: I have been advised that he did. I was not representing him at that time.

GRACE: Did he flunk some of the questions regarding knowing Taylor Behl?

OWENS: I have not been given or provided the results of the polygraph examination.

GRACE: Do you know if he failed some of the questions?

OWENS: I do not know whether he failed the questions. I think that`s a misnomer. The information I have learned from other sources was that there were some questionable responses on two of the questions.

One of the things that I would point out to you is the -- there have been misstated facts that I`ve heard in this broadcast. Number one...

GRACE: Oh, good. Good. Help me.

OWENS: ... Mr. Schultz -- excuse me?

GRACE: I said good. Help me.

OWENS: Mr. Schultz isn`t a skateboarder. I don`t know where that comes from.

GRACE: We said Mr. Schultz and the skateboarders. Taylor had stated she was going to skate -- go skateboarding that evening with two other guys.

OWENS: OK. Mr. Schultz was not one of them.

GRACE: Correct.

OWENS: And he`s not a skateboarder. The second thing is, the dogs did not go to the home of Jesse Schultz.

GRACE: They went to a relative`s home, correct?

OWENS: That`s correct.

GRACE: Yes. That`s what we stated. Anything else you want to clear up?

OWENS: No, you stated that it went to his home.

GRACE: Let me go back to Jim Moret. Jim Moret with "Inside Edition," it`s my understanding from what you just told us that the bloodhound, as I call it, the tracking dog, went from the vehicle to the home, as I understand it, of the aunt and uncle of Jesse Schultz. Yes, no?

MORET: That`s my understanding. Well, they picked up Jesse Schultz`s scent at the home that they were led to. That`s my understanding.

GRACE: OK. Joseph Owens, thank you for being with us.

Let`s go on to another man behind bars tonight, Ben Fawley. Let me go straight out to David Hicks. David, is Fawley still behind bars on charges of child pornography?

HICKS: Yes, he is.

GRACE: OK. Could you tell me, has the grand jury moved to a charging phase, or are they still in an investigation phase?

HICKS: The grand jury which met this week is still an investigatory grand jury.

GRACE: Take a listen to what Taylor`s mother had to say.


JANET PELASARA, TAYLOR`S MOTHER: I am positive the authorities will bring these subhumans to justice, and I pray they receive the death penalty.


GRACE: I want to go straight now to Matt Behl, Taylor Behl`s father. Matt, do you have any more information on when a charge will come down in this case?

MATT BEHL, TAYLOR`S FATHER: No, it`s my understanding, Nancy, that charges cannot be placed until the medical examiner completes his investigation.

GRACE: Here`s what police had to say.


MONROE: It is a very large scene. It`s going to take quite a bit of time for that scene to be processed, very meticulously, because we do not know how wide that actual scene exists. So with that, it`s going to take us some time.

That scene has been secured. The FBI has come in and begun the process of collecting evidence and will process that scene. The Virginia State Police will investigate the actual discovery of this -- of the remains.


GRACE: Out to Courtney Anderson, defense attorney. Courtney, right now, just from the outside looking in, it seems to me that the skateboarders are clear, that Jesse Schultz, the friend with the cocaine charge, pretty much clear. Ben Fawley is the one that had been to that farmhouse, taking photos, artistic photos that he put on his Web site, where his nickname is "Skulz," S-K-U-L-Z. He`s the one that really needs to be looking for a death penalty defense attorney right now.

COURTNEY ANDERSON, DEFENSE ATTORNEY: Well, I certainly think that he needs to find the absolute best legal representation that he can, at this point in this case. It does not look good for him. I like the discussion, as you brought out earlier, that in this -- what we understand, his investigation, that he says, Yes, I was with her, maybe I had relations with her, but they were voluntary and consensual. It just does not look good, at this point.

He needs the best lawyer he can find, and that lawyer needs to tell him one thing. He needs to shut up. He needs to not say anything to anyone else. And he needs to allow that attorney to work with him to see what they can do to force the prosecution to prove their case.

GRACE: We are waiting tonight for a Virginia grand jury to speak, to hand down a charge, or at least a charge from police in the case of Taylor Behl, Taylor`s remains found about 80 miles east of Richmond.

Very quickly, to tonight`s "Case Alert." The latest web of lies surrounding Natalee Holloway`s disappearance in Aruba exposed. Suspect Deepak Kalpoe told an American PI that all three suspects had sex with Natalee Holloway.


JAMIE SKEETERS, POLYGRAPH EXAMINER: And if you guys were partying, even if somebody had given her a date drug -- I`m sure she had sex with all of you.

SATISH KALPOE, SUSPECT IN NATALEE HOLLOWAY DISAPPEARANCE: She did. You`d be surprised how simple it was.


GRACE: When our producer called him, he denied, denied, denied, claiming his interview had been wrongly edited. Chief suspect, judge`s son Joran Van Der Sloot, admits he lied and said he still hasn`t told the whole story, even to police.



MONROE: The remains recovered here in Mathews County on yesterday`s date have been positively identified as that of Taylor Behl, the missing student from Virginia Commonwealth University.


GRACE: Welcome back. We are waiting for a charging decision in the case of Taylor Behl, the 17-year-old girl`s remains found just yesterday near a empty farmhouse near Richmond, Virginia.

Out to Taylor`s father. Matt, what has been going through your head in these past 24 hours?

BEHL: Well, it`s -- actually, there were -- the finding Taylor`s body has brought to closure a month-long nightmare for me, Nancy. It`s the fact when Taylor`s missing, you don`t know if she`s going to call, and you keep waking every day, waiting for her to call. Now that we know that she was found and -- that brings some closure to at least that part of it.

GRACE: I understand that you`re now concerned with what she may have put out about herself on the computer.

BEHL: Right. And I think the message I`d like to send out is that parents need to look what their kids are putting out on the Internet. This is not the same day from days gone by, when young girls filled out a diary and hid it under their mattresses from their parents. This stuff is now being put out there for the world to see, and who knows what kind of predators are out there reading this information, personal information about their children.

GRACE: Matt, who is this Jesse Schultz, and how he is connected to Taylor?

BEHL: It`s my understanding that he was one of the skateboarders. And other than that, I don`t know how he is connected to Taylor.

GRACE: Well, we know that he had been in her car. But you know, the reality is, Renee Rockwell, defense attorney, if Schultz was really a person of interest, he would not be walking free on that cocaine charge right now.

ROCKWELL: Absolutely.

GRACE: Now, they could -- now, they could -- yes, they could jack up his bond amount. Cocaine there, like most jurisdictions, is a felony, even if it`s a small amount. They could jack up his bond, keep him behind bars, start questioning him.

ROCKWELL: They could, Nancy. And I think that maybe what they`re trying to do is just run that dog down that trail and make sure that it`s not him. And I think that everybody is satisfied it`s not, especially in light of the fact that the girlfriend, the ex-girlfriend of Fawley that was questioned, leads them right to the point...


ROCKWELL: ... right to the farmhouse.

GRACE: And Elizabeth, you can pull up that photo of Taylor with a wooded area behind her. Clearly, photos of Taylor taken in a wooded area very similar to this, indicating to me that Taylor had been there before.

To Jim Moret. Jim, we know this guy, Benjamin Fawley, the 38-year-old photographer, getting government checks. We understand he may suffer from -- there you go. Thanks, Elizabeth. It should be easy work to match this up to the wooded area near that farmhouse.

Jim, what is his disability?

MORET: We understand that he suffers from bipolar condition.

But if I can make a point, also, it`s, I think, encouraging that the police are moving methodically because you think back to a case from 11 years ago, the O.J. Simpson trial, where evidence was allegedly contaminated. Police are moving slowly on this case, and I think that`s actually a good sign because they don`t want to rush and make the wrong charge that won`t stick.

GRACE: Absolutely. To psychologist Dr. Jeff Gardere. So if Fawley does suffer from bipolar disorder, are they going to latch onto that and that be a defense, if this goes to trial with him as a suspect?

JEFFREY GARDERE, PSYCHOLOGIST: The only way, Nancy, I can see that happening is if they say, Well, in his manic phase, he became delusional, as sometimes bipolar people tend to do. However, if he`s getting a government check, my best guess tells me that he`s probably also getting some sort of treatment and may be on medication, so -- but it is very difficult to do that. Normally, someone would have to be schizophrenic to go with that kind of a defense.

GRACE: And to Matt Behl. Matt, what are your final thoughts for tonight?

BEHL: Nancy, I just would hope that if there can be something that comes out of this as good, that parents will sit down with their kids, talk to them about the Internet, take a look, take an interest, see what they`re doing and see what`s being put out there about their own children.



JENNIFER INWOOD, DYLAN`S COUSIN: We feel very strongly that Dylan and Slade and Brenda and Mark, their deaths will mean something. And it`s going to mean that my family`s going to fight very hard, along with other families, to make sure that these people never have the chance to do to some other child what they did to our family.


GRACE: The nation was transfixed in their efforts to find Dylan and Shasta Groene, taken out of their home on Kootenai County. At the end of that search, Shasta was found alive at a local Denny`s. Dylan`s remains were found at a campsite not too, too far away. After all that searching, she was hiding in plain sight.

Now, there, Duncan III had a long, long list of a rap sheet. In fact, a Minnesota judge had just let him slip through his fingers on a $15,000 bond. And don`t get me wrong, $15,000 doesn`t mean you have to cough up 15 G-bills. Oh, no! You can get out on as little as $1,500, 10 percent of your named bond. He now stands charged with multiple murders, the murder not only of Dylan, but Dylan`s mother and family.

Very quickly, to Diane Dimond, investigative reporter. What`s the latest with this judge letting him slip through his fingers?

DIANE DIMOND, INVESTIGATIVE REPORTER: Well, that was after he was said to have molested two children. Remember, now, Nancy, this man back in 1980 spent 14 years in prison for molesting at gunpoint, raping a 14-year- old boy. He was 17 at the time. Flash forward after those 14 years in prison, then he is accused again, and he gets out on $15,000 bail.

You know, I`ll tell you what. We can track cars and the transport of cigarettes and produce and cattle in this country, but we cannot seem to track these predators, and I don`t understand why.

GRACE: Well, Diane Dimond, you`re absolutely right. I have the transcript. The judge was told that this guy was a registered sex offender. I also have with me his medical documents from a correctional institute where he goes on to talk about how he stalked little boys with a gun and molested them.

DIMOND: Thirteen of them.

GRACE: All of this should have been in front of the judge, Diane.

DIMOND: Absolutely. In fact, when they first arrested him in 1980, he bragged that he had raped 13 boys. That was back in 1980. And all of the documents said that he was a danger to society, Don`t let him out. Flash forward again, you look at his weblog, and he says, I`m out to hurt as many people as possible and then die.

GRACE: Stay with us, everybody.


SOPHIA CHOI, CNN HEADLINE NEWS ANCHOR: Hi there. I`m Sophia Choi with your "Headline Prime Newsbreak."

Well, New York is on alert tonight over an alleged plot to bomb the city subway system. Intelligence sources listed today and Sunday as two possible days for the attack. It`s been exactly three months since the deadly July 7th London train bombings.

Twenty environmental groups are suing the Bush administration over a decision to open the nation`s last untouched forest to logging and development. Earlier this year, the U.S. Forest Service reversed the 2001 roadless rule that protected 58.5 million acres of undeveloped national forest.

And a very happy homecoming in Ohio tonight. One hundred forty Ohio Marines of Lima Company are home tonight from a seven month stint in Iraq. Thousands of flag-waving people lined a 20-mile parade route in Columbus to welcome the returning forces. Lima Company lost 16 Marines in Iraq, including nine killed in a massive roadside bombing.

That`s the news for now. I`m Sophia Choi. And now back to NANCY GRACE.


STEVE GROENE, SHASTA AND DYLAN`S FATHER: There has been so many times I`ve seen the local news put out the bulletins about sex offenders being released into the community. And they`re described as level-three sex offenders with a high likelihood to re-offend.

That`s unacceptable. People need to get on their congressmens, their senators, and even the president to -- this needs to change now.


GRACE: Dylan and Shasta Groene, allegedly victims of a repeat sex offender, repeat, repeat, repeat.

Elizabeth, show me that map. This guy got around. Duncan made his way from one state to the next wreaking havoc, from Minnesota, to Idaho, to the burial of Dylan`s body in Montana, rape convictions in Washington. It goes on and on and on.

But still, Diane Dimond, a Minnesota judge saw fit to give him $15,000 bond -- translation, $1,500 -- put up for him to walk free, scope out Dylan and Shasta with night goggles, and kidnap them, Diane.

Tell me, Diane, why are some of the relatives considering a lawsuit?

DIMOND: Well, because I think they want to teach a lesson. Some people would say, "Oh, they`re just after money." But, you know, when you look at this, it`s actually a tort claim.

So you know what that that means, Nancy. They`re trying to come to some out-of-court settlement with the authorities there. They`re asking for $500,000.

I mean, if they were really after money, don`t you think that they could probably ask for $20 or $30 million? This guy should never, ever have been out in the community.

GRACE: Well, let`s just think about it for a moment, Andy Kahan -- Andy Kahan, victims` right advocate out of Houston, Texas -- let`s see, you`ve got a little boy, likely molested in the most brutal way, then murdered and buried at a campsite. You`ve got the boy`s mother bludgeoned to death, her boyfriend, and the 13-year-old brother.

Huh. What would that equal in dollars? I don`t know if there are enough dollars in the bank.

ANDY KAHAN, VICTIMS RIGHTS ADVOCATE: You know, Joseph Duncan bared no bones as to who and what he is, and that is a repeat violent child rapist. Time and time again, our criminal justice system allowed him to do what he does best, and that is rape children.

What this lawsuit focuses in on -- and I am so glad of what they`re doing right now, because this brings the issue to the heart -- is the criminal -- our system, Nancy, what you and I have worked in for many years, that continues to allow violent sex offenders to repeatedly go out and do what they do best.

They spit them out every time. And every time he came back and showed his true soul as to what and who he is.

GRACE: You know, I want to go out to you, Renee Rockwell. I am looking at the transcript before the judge. It was April 2005, the honorable -- the honorable -- Thomas P. Schroeder, city of Detroit Lakes, Becker County, Minnesota.

They told him this guy was a sex offender. Explain to me -- explain to the viewers, you get a $15,000 bond, what happens?

ROCKWELL: Nancy, first of all, he should have gotten no bond. It shouldn`t have been -- whether he got a 25 or a 10 or -- and I`m a defense attorney here telling you that.

If he got a $15,000 bond, for $1,500, he`s out of jail. But you have a D.A. And you can`t criticize anybody at this point. But I know, whenever I`m in a bond hearing, the first thing the prosecutor does is whip out the GCI.

Judge, he`s been convicted of this, and this, and this, and this. And then the judge says, "Whoa." It makes no difference how much it is. The bond should have been zero, zero.

GRACE: No bond whatsoever. Joining me now, very special guest, by phone, Russell Van Camp. He is representing the estate of Brenda Groene and Mark McKenzie, that is Ms. Groene`s boyfriend who also lost his life.

Mr. Van Camp, thank you for being with us. Explain to me the basis of your lawsuit.

RUSSELL VAN CAMP, GROENE ESTATE ATTORNEY: Well, what we`re saying, these family members came to me, and I feel real honored that they did so. Horrific, horrific impact on all of these beautiful people in the Pacific Northwest.

They came to me and they said, is there something that can be done about this to help other children, help other human beings, and this Duncan person, not a human being...

GRACE: Well, I`m glad you can help them, but what is the basis of the lawsuit?

VAN CAMP: The basis -- well, now remember, this is a tort claim first. And, if necessary, a lawsuit would be filed.

But the basis is, is that the government officials responsible for the protection of each and every one of us, and especially of our children, failed in this case. And they keep failing throughout the United States.

There`s over 100,000 sex offenders that are running lose right now because we can`t track them and we`ve got to do something. You know, these kind of people, they don`t -- they have no remorse.

GRACE: None.

VAN CAMP: They have absolutely no...


GRACE: You know what, Russell Van Camp? Everybody, special guest Russell Van Camp out of Farmington, Arizona. He has taken on this case. And that includes taking on a judge at some point that granted this sex offender a low bond.

According to police, he got out. He molested and killed again.

I want to go -- quickly, Elizabeth, if you could show me those graphs. I want to back up what Russell Van Camp just told us. The graphs of -- this guy had a web log, everybody. It wasn`t enough that he molested and kills children. He has to share it online.

Here we go. "Yes, I am still alive. Honestly, I wish not. I don`t know how to kill myself, so it makes sense, the demons."

Here we go with the defense, Jeff Gardere. "The demons are stronger than I, gave them credit, now they`re taking my best blows and not even staggering. I`m afraid. If they win, a lot of people will be badly hurt, and they`ve had their way before."

Let me go to the next demon graph. "I`m scared, alone, confused. My reaction is to strike out to the source of my misery, society. My intent is to harm society as much as I can and then die."

Jeff Gardere, tell me, can sex offenders be cured?

GARDERE: All of the data now is showing that, as much as we try, as much treatment as we try to give them, this is a life-long battle for them to try to control their impulses. It`s a life-long battle for us in the treatment community to try to control these behaviors. And it`s almost an impossible job to cure someone of their sexual deviations.

GRACE: Courtney Anderson, does Russell Van Camp have a case?

ANDERSON: I`m sure he obviously thinks he does. I think, though, that we have to take a step back and understand that, certainly, this judge and this prosecutor did not sit there and have a crystal ball and know that this man was going to go out and allegedly commit these crimes.

The question is, what happens with other people who`s come forward with a similar history? What kind of bond is set for them? And I`m sure this judge has the experience and did what was practical and reasonable at the time.

Now, I know no one wants to hear that. But I am hurt as a taxpayer for us to think that our court system, that our criminal justice system, that our judges and our prosecutors would be out there intentionally trying to set free individually...

GRACE: Nobody said intentional. Uh-uh, uh-uh. Nobody said intentional. This is negligent, if anything.

And let me remind you: What do you do when you don`t know a horse? You look at his track record. They knew the guy was a repeat sex offender. So what do they do? Let him walk straight out so he can meet up with this little girl.

ANDERSON: No, I absolutely agree that our courts do not have the documentation. You and I both know, you go to court, you don`t have the file, you don`t have all the information. We need to put more money into computer systems, so that when people stand up there...

GRACE: Oh, blah, blah, computer system.

ANDERSON: We absolutely do. We need the information.

GRACE: Of course you`re right.

ANDERSON: We need the information. Nobody wants -- I don`t want, you don`t want, nobody wants to hear something like we have been talking about tonight. It`s just disturbing. It`s sick beyond words. So what can we do to arm ourselves, instead of afterwards reactionarily? If this lawsuit is successful, what can we change?

GRACE: Andy, Andy, Andy, you know, I know, everybody that works in the system, Andy Kahan, knows that it takes about 50 strokes of the computer to find out somebody`s criminal history. It`s not hard. I never went to a bond hearing, never tried a case without knowing somebody`s rap sheet.

KAHAN: They knew he was a sex offender. What I don`t understand is the judge claiming that he didn`t know he was a level-three sex offender. For God`s sakes, why isn`t there a checklist when this case is brought before you and it says, level one, level two, level three?

Red flags should have went off immediately. And they should have said, "Well, gee, what kind of sex offender is he? What is his record?" Why didn`t that happen?

GRACE: Andy, I`ve only got a few seconds. But do you have any other news, maybe?


GRACE: Computer related?

KAHAN: Oh, yes. We found several of Joseph Duncan`s letters being auctioned off a few weeks ago. He obviously has been well-versed in his new infamy and his new ill-gotten immortality. And it`s just a matter of time, I`m sure, before he becomes the next Rembrandt or Da Vinci online, and he starts churning out art work for sale.

GRACE: And there`s the picture of it. Thanks, Elizabeth. I needed a little jolt. I needed to see that.

And last, to Diane Dimond, what now with the murder charges?

DIMOND: Well, they`re going to go through the county charges first. But the feds are standing by. They have kidnapping charges pending for this guy, too.

And you know what it is all about, Nancy? It`s not about having a crystal ball and trying to figure out if somebody`s going to re-offend. These people mostly re-offend. We need to change our attitude in this country.

We need not to give them any bond. The county attorney there, Michael Fritz, asked for $25,000. That`s not enough.

GRACE: No. No, Diane, you`re absolutely correct.

And, you know, Elizabeth, in that video you just showed of Duncan III, he looked like he had a little case of the sniffles. And I want to offer him this. Here`s a box of hankies.

And you know what? P.S., in that jurisdiction, you may have a choice of lethal injection or firing squad. Stay with us.



JIMMY VOYLES, LIVES IN TOWN WHERE MURDER OCCURRED: You go to bed at night and you expect to be able to sleep safely. And all of a sudden, the sanctity of your home, the protection that you had, that you thought you had, was not there. And people were just scared to death about what was going on.


GRACE: You know when you go home at night, and have dinner, watch a little TV, go to bed, lock the door, you think everything`s OK. Not so in this case.

Home invasions. How many of them, we don`t know. Rumored up to around 20 until finally they culminated in the murders of six innocent sleeping victims.

I want to go to straight to Atlanta, "Atlanta Journal-Constitution" reporter Bill Torpy.

Bill, what happened?

BILL TORPY, "ATLANTA JOURNAL-CONSTITUTION": Well, you had four home invasions in a space of about four hours last Friday morning, starting probably about 1:00 in the morning. The doors were kicked in and the assailants -- there was two people in each -- two assailants in each case, came in and just started beating the victims with aluminum baseball bats and screaming, "Where is the money? Where is the money?" Or, "Give me your money."

And they basically just went in and went out of these places. Like you were saying, there have been a lot of these types of home invasion robberies on Hispanic workers, mostly migrant workers, a lot of them illegals. But the violence and viciousness of the attacks certainly increased on this night.

GRACE: Take a listen to this.


VERNON KEENAN, DIRECTOR OF GBI: Brutality that was displayed in this case was some of the worst that we`ve seen in the history of the GBI. Of the six victims, one was shot and beaten. And the remaining five were beat to death with what we believe is a ball bat and a hammer.


GRACE: One of the victims` wife was raped. Children sleeping in their beds were unharmed.

Bill Torpy, from my research, I see that there have been up to around 20 such burglary home invasions leading up to this, the murders.

TORPY: It`s not certain how many these alleged assailants did, but it is sure that there have been dozens of these types, not only in this area, but in other places all across the South.

As Vernon Keenan, the man you just saw in the previous cut there, has said, they`re ready-made victims. They are afraid of the police, because the police in Mexico where they came from were often not their friends. They are often undocumented, so they are afraid to go to the police.

They are known to carry large amounts of cash, because they don`t trust the banks and because they don`t want to go to the bank and get turned in, they believe. And so they`re often in small, little, flimsy, dilapidated trailers, where my 6-year-old son could kick the door in. So, I mean, they`re just sitting ducks.

GRACE: You know what`s disturbing about it, Jeff Gardere, is that how we treat the weakest amongst us, those that can`t really fight back, how our society treats them defines us. And these are people that seem to be just throwaway victims.

You can invade their homes, you can rape them, you can burgle them, you can even kill them, and sometimes it seems like nobody cares.

GARDERE: Well, that`s what a lot of these people are feeling right now who have been terrorized and that community that`s been terrorized. But, Nancy, what we really need to do is tell it the way it is, and that these are not just crimes; these are hate crimes.

These are people who have been terrorized, brutalized. And that didn`t have to happen. Those folks could have gone in there, taken what they wanted, and gotten out, and they didn`t.

GRACE: Yes. With me now, special guest Sheriff Gary Vowell. He`s the sheriff of Tift County, who I`m happy to say is not standing by and allowing this to go unstopped.

Sir, thank you for being with us. Is it true you made a fourth arrest today?

GARY VOWELL, SHERIFF, TIFT COUNTY: Hey, Nancy. That`s correct. We did make a fourth arrest today in these home invasions, around 4:30 this afternoon.

GRACE: Why do you think that these farm workers were targeted, sheriff?

VOWELL: Nancy, they`re just targets of opportunity. You know, we live in a rural community, a lot of agriculture, a lot of immigrant workers. And they`re just targets of opportunity.

GRACE: And, sheriff, do these guys -- and there`s one lady involved. Incredible. Do these people have records, rap sheets?

VOWELL: Nancy, some of these do. To what extent, I`m not, you know, at liberty to say at this time. But some of them do have prior records, but not of this magnitude.

GRACE: And, of course, everybody, there are other victims in the hospital, incapacitated after being beaten with this baseball bat. We spoke to the lawyer, John Mobley (ph). He said he did not want to comment at this time.

Sheriff Vowell, thank you for being with us. And thank you for what you`re doing.

Very quickly, to tonight`s "All-Points Bulletin."

FBI and law enforcement across the country on the lookout for this man, Juvena Sandoval, wanted in connection with the murders of Gilbert Miramontes, 25, and Adelmo Elena, 26.

Sandoval, 27, is 6`4", 200 pounds, brown hair, brown eyes. If you have info on Sandoval, please call Secret Witness at 702-385-5555.

Local news next for some of you. But we`ll all be right back. And remember, live coverage of the shaken baby death trial, 3:00 to 5:00 Eastern on Court TV, kicks off on Monday. Please stay with us as we remember Private First Class Roberto C. Baez, just 19 years old, an American hero.


GRACE: What a week in America`s courtrooms. Take a look at the stories, and more important, the people who touched all of our lives.


GRACE: Napa Valley is one of the single wealthiest neighborhoods in the entire world. But even it is not immune to crime. The wine country double murder involving two 26-year-old roommates could be cracked with a suspect no one ever suspected.

UNIDENTIFIED MALE: Here`s a guy who is knowingly a lawful citizen, and this guy burst on that particular day.

GRACE: Burst? I didn`t think there was any bursting to it. He stood outside the windows looking in long enough to have quite a few cigarettes. Now, that`s not a snap. That`s not bursting.

Breaking news: Police formally announce remains discovered in a shallow grave are 17-year-old missing student Taylor Behl. The Virginia Commonwealth University freshman last seen alive Labor Day.

UNIDENTIFIED MALE: Somebody`s responsible for the death of my daughter. And somebody is going to pay.

UNIDENTIFIED MALE: We have a death investigation.

GRACE: David, you`re saying death investigation, not homicide. You mean you think maybe she died of accidental causes and buried herself in a shallow grave?

You know what? The Aruban government may have released all three suspects in the disappearance of Natalee Holloway. But the case is not over.

UNIDENTIFIED MALE: Did anything else happen then?

UNIDENTIFIED MALE: No. Well, yes, I kissed with her.

GRACE: What is your immediate reaction to this interview of sorts that he gave?

BETH HOLLOWAY TWITTY, MOTHER OF NATALEE HOLLOWAY: Just outrage. When I hear how he`s placing all the blame, on how everything is Natalee`s fault, that`s simply not true.

GRACE: Every time he speaks, his story is different.

Police reveal remains at a Pennsylvania landfill, likely those of 26- year-old Monica Lozada. Her live-in tonight charged with strangling Monica, putting her out with the trash, and putting her 4-year-old daughter, Valery, out on New York City streets.

UNIDENTIFIED MALE: The people that were passed with responsibility of finding this missing mother made a grim discovery. They found the bag with the hands of the mother sticking out.


GRACE: Now, that`s the miracle this week, that that little girl survived. Thank you to all of my guests, but my biggest thank you is to you for being with all of us, inviting us into your homes.

Coming up, headlines from all around the world, Larry on CNN. Good night. And thank you from the team in New York`s control room.


I`m Nancy Grace signing off for tonight. I hope to see you right here Monday night, 8:00 sharp Eastern. And until then, good night, friend.


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