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Nancy Grace
Florida Judge Rejects Lafave Plea Deal
Aired December 08, 2005 - 20:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
NANCY GRACE, HOST: Tonight, to a Florida courtroom, where a trial judge stands up to lawyers eager to cut a deal in the teacher sex scandal of Debra Lafave. In a deal that included no jail time for underage sex, the judge throws the book at the lawyers, and he sends the case to trial.
Also tonight, 26-year-old George Smith. He wed the girl of his dreams and took off on a dream honeymoon across the Mediterranean. Well, smith vanished off The Brilliance of the Seas luxury cruise ship. Only trace? Bloodstains found in the stateroom. Tonight, the missing groom`s family prepares for a legal battle.
And tonight, what has become of Texas doctor Melinda Superville?
Good evening, everybody. I`m Nancy Grace. I want to thank you for being with us. Tonight, now upgrade the missing person case of a Texas doctor and mother, Melinda Superville, to a homicide investigation, Superville, last seen at the Houston medical clinic she runs with her husband, the woman`s keys found dangling from the front door of her office. Was she abducted while walking to her home just one block away?
And also tonight, the case of a 26-year-old groom who disappeared off his own honeymoon aboard a Royal Caribbean ship in the Mediterranean this summer, still unsolved. Now his family suits up for legal battle in court, George Smith`s family accusing Royal Caribbean of a cover-up.
But first tonight: After victims` rights advocates railed against a sweetheart plea deal where cover girl teacher Debra Lafave did zero -- zero, nada, nothing! -- no jail time for molesting a schoolboy, the judge says no and sends the case to trial.
(BEGIN VIDEO CLIP)
JOHN FITZGIBBONS, LAFAVE`S ATTORNEY: At this point, the court has indicated that he will not accept the plea agreement that`s been worked out, and so we`ll be back to the drawing boards to try to resolve this.
(END VIDEO CLIP)
GRACE: Can you imagine that? No probation for sex with a schoolboy. What have things come to!
Let`s go straight down to Newsradio 970 in Tampa, joining us, Eben Brown. Eben, what happened in court?
EBEN BROWN, NEWSRADIO 970: Good evening. Today was supposed to be a formality. What happened was, Debra Lafave and her attorney, John Fitzgibbons, went to Marion County, which is a separate jurisdiction than Hillsborough County, where the plea deal was entered. This is because she faced charges in both of those counties because she had sex -- allegedly had sex with the boy in her home and then allegedly had sex with the boy in her car up in the Ocala, Florida area. And the deal that she had made was supposed to encompass charges in both those jurisdictions.
Today they went up to court in Marion County, and the judge said, You know what? You are facing 15 to 16 years of jail time here in this jurisdiction, and we`re not going to let you get away all that easily. We`re going to make you stand trial.
GRACE: So let me get this straight. Eben Brown, everybody, Eben joining us from Newsradio 970 there in Tampa. This molestation on the schoolboy took place in multiple counties, correct, Marion and Hillsborough?
BROWN: Correct.
GRACE: Now, how did that go down?
BROWN: Well, initially, they -- if she had not made a plea deal, she would have stood trial in both of those jurisdictions. And since she made a plea deal, both the defense attorney, the prosecutors in Hillsborough and the prosecutors in Marion County were all set to be -- to be made -- to be satisfied by this deal. Turns out that the judge in the Marion County part of the case said no.
GRACE: OK. OK. Take a listen to this.
(BEGIN VIDEO CLIP)
FITZGIBBONS: To place an attractive young woman in that kind of hellhole is like putting a piece of raw meat in with the lions. I`m not sure that Debbie would be able to survive.
BROWN: Debra Lafave`s attorney, John Fitzgibbons, said he wants to keep her out of prison, that she was too pretty to go to prison. And today, he was able to convince the prosecution...
GRACE: Whoa! Whoa! Whoa! Wait! Wait! Wait!
BROWN: Yes?
GRACE: He didn`t want her to go to jail because she was too pretty for prison? Did I hear that, or am I crazy?
BROWN: No, you heard that. That was the word from Fitzgibbons.
(END VIDEO CLIP)
GRACE: Now straight out to investigative reporter Pat Lalama. Pat, give us the facts surrounding this judge saying, No way.
PAT LALAMA, INVESTIGATIVE REPORTER: Well, essentially, Nancy, if you had X-ray vision, under his robe you would see guts, and under his head you see a conscience. He essentially said, This is below my standards. I`m not accepting this. I won`t allow it to happen. I`m speculating here, but it seems to me that he doesn`t give a rat`s behind whether she`s beautiful or not. The law is the law, the standards are the standards. He`s saying, You`re going to go to trial.
The interesting part is that the victim, the alleged victim in this case, didn`t really want any part of this and was accepting of the plea agreement because the family doesn`t want him to go through the machinations and the trauma of a trial. Well, too bad. I mean, I feel for him. I feel for him. I know it would be tough. But this has just got to happen.
Nancy, I hope there`s a minute for me to tell you this. Huge radio talk show in LA -- I forget the names of the hosts right now, but I really listen to these guys a lot. They literally said a couple of weeks ago, that with Lafave, Gee, it just doesn`t seem like sex abuse. There`s the other woman, the one who wanted to be the cool mom, whose name escapes me right now, the one who was providing allegedly sex and drugs to her kids and their friends -- they were looking at a picture of her while they were on the air, saying, Oh, what a cow! What a pig~! Oh, what trauma these poor kids had inflicted upon them because she`s so -- oh, she`s so hideous! Now, that`s sex abuse!
This is the double standard, Nancy. Beauty gets you everywhere. If you`re ugly, forget about it. And it makes me want to throw up! But this judge, you know, kudos. He should be president.
GRACE: And let me go back to you, Eben Brown. What was the name of the trial judge that rejected the sweetheart deal? Everybody, Debra Lafave has been a model, was a schoolteacher, had sex with a schoolboy in multiple jurisdictions. Where I come from, that`s called a felony. That`s called statutory rape, even though it`s a schoolboy and not a schoolgirl. What`s the name of the judge that refused to take a probation deal, Eben?
BROWN: His judge`s name is Hale Stencil (ph). He`s of the fifth circuit in Florida.
GRACE: Hale Stencil for president! Take a listen to this.
(BEGIN VIDEO CLIP)
FITZGIBBONS: There were some unexpected developments today in court. I really don`t want to comment on those developments. I anticipate that we will be here in the next couple of weeks on some matters that the court wants to hear about.
STACY YOUMANS, PROSECUTOR: We`ve always anticipated a trial in this case. We always offered prison to Ms. Lafave, and it was my understanding, as the prosecutor on the case from the beginning, that she was never interested in accepting a plea that involved prison. So I was always preparing for a trial up until very recently, when the Hillsborough office was contacted by the victims` families. Our focus shifted, based on their wishes, their pleas, really, with our offices.
We presented the reasons that we had reached this agreement, and he listened carefully. And ultimately, his decision was that he would not accept the offer at this time.
(END VIDEO CLIP)
GRACE: Finally, a judge with some guts. What about it, Michael Mazzariello? You`re a veteran defense attorney, but before you became a defense attorney, everybody, Michael Mazzariello prosecuted practically every teacher in the New York area accused of sexual misconduct.
You know, Michael, every day, trial judges -- and it`s a matter of course -- get spoon-fed one guilty plea after the next. OK, Judge, she`s pleading guilty to lewd and lascivious. We recommend she gets probation, a little house arrest, done deal. The judge swallows it like it`s chocolate pudding, and you go on to the next plea. Finally this judge, Hale Stencil, said, Hell, no.
MICHAEL MAZZARIELLO, DEFENSE ATTORNEY: Well, Nancy, you know, it`s well within the judge`s purview. It`s his discretion. What bothers me here, Nancy, is you have two prosecutors` offices, a defense attorney working out a disposition. Didn`t they know that the judge was going to reject the deal? I mean...
GRACE: Wait, wait, wait! Let`s just get down to it, Michael. It`s very rare for a trial judge to say, No, I don`t want the deal, you people are going to trial.
MAZZARIELLO: But Nancy, you know when we conference the case, we say, Your Honor, we have a disposition, with the court`s approval, and we run it by him. Have two different jurisdictions. I`m calling the prosecutor in each jurisdiction as a defense attorney. I`m working out a deal. We go to court for a preliminary conference, and we tell the judge what the disposition is. Here the judge...
GRACE: No, no, no, no, no, no! You`ve got something bass-ackwards right there. You don`t tell the judge what the disposition is.
MAZZARIELLO: With the court`s approval.
GRACE: You present it, and then the judge says yea or nay.
Let me go to you, Lauren Lake. Take off your defense hat just one moment. Normally, judges go along with the recommendation agreed to by both parties. Why? Because both parties have competing interests. The prosecution is seeking the truth and wants a stiff penalty, normally, and the defense wants to get the guy off, in this case, to get their cover girl school teacher off. So you got competing interests, and the end product is usually something, a rough cut down the middle.
This judge said, No way, Lauren. That rarely happens.
LAUREN LAKE, DEFENSE ATTORNEY: It rarely happens, and I`m really surprised. You know, I was one of those people, when it came down to probation, I wasn`t surprised then. And when everybody was outraged, I was, like, These are the perceptions of our society, that this little boy is not a victim. So this judge felt the heat, that`s what happened, because that defense attorney got up there, and I don`t know where he came off talking about somebody was too pretty to go to jail. He should have shut his mouth because now his client may go to jail!
GRACE: You`re darn right about that.
Eben Brown, this judge, Hale Stencil -- I wonder if he heard that quote by her defense attorney. Take a listen to this, Eben.
(BEGIN VIDEO CLIP)
YOUMANS: Right now, Ms. Lafave, based on the charges against her, she -- what we call scores prison time, so her charges require some prison time. We have to respect the court`s decision, and that`s what happened here today. So we`re shifting gears again and we`re going back into trial posture.
FITZGIBBONS: First of all, we believe this was a very fair resolution of this case. It concludes the case not only in Hillsborough County but in Marion County. Second, it allows Debbie to avoid any prison time, and it allows her to continue with her mental health treatment. And also very importantly, it allows the young man involved here to go on with his life, just as Debbie can go on with her life. He does not have to participate in a trial or a deposition. So I think across the board, this was fair to everyone.
(END VIDEO CLIP)
GRACE: Uh-oh! Debra Lafave was smiling a little too fast there for the cameras. Take a look at this map, everybody. Hillsborough County, next to Marion County. According to the prosecution, this grade school teacher had a schoolboy in the back of an SUV, having full-blown sex with an underage child. She went across the county lines from Hillsborough to Marion. OK. The Hillsborough judge swallowed the deal, again, like it was chocolate pudding. It tasted great going down. The Marion County judge said, Oh, no, no, no, no, no. No, no. This is sex with a minor. You`re not getting straight probation.
Back to you, Lauren Lake. Somebody made a major boo-boo. You don`t take a deal that crosses multiple jurisdictions in one county, when you don`t have it nailed down in the other county. Why? Because now this -- Michael, now this deal that she reached in Hillsborough can be brought into evidence in Marion. Lauren, will this jury find out she pled guilty?
LAKE: This is really problematic, and that goes against our notions of what plea deals are about. Usually, it`s outside the presence of the jury. They`re not supposed to know these things because that is -- hello! Plead guilty, admit that I did it. So I think this is extremely problematic in all of these negotiations. This thing did not come together. The pie did not bake.
GRACE: So Michael Mazzariello, the defense lawyer here made a major- league strategy error. He took this plea in one county without nailing down the plea in the other county. It was supposed to encompass all the acts in both counties.
MAZZARIELLO: That`s what I said initially, Nancy. He had to have gone to both jurisdictions, spoke to both prosecutors and spoke to the judge, and said, Judge, we`re working out a disposition, with your approval, Your Honor. And talking to the press afterwards about the beauty of the defendant, Nancy -- that`s why never talk to the press in a criminal matter.
GRACE: Well, if you are going to talk to the press, note to self, keep foot out of mouth.
(LAUGHTER)
GRACE: Don`t have beauty queen smiling about her sweetheart deal that just went down. But she`s got to face another trial judge that`s not so gullible.
Everybody, we`ll all be right back. But the plea deal, the sweetheart deal for the school teacher having sex with a minor -- it`s out the window. They are headed to trial.
Let`s go to "Trial Tracking." Steven Avery -- remember him? His lawyers suspend, call off, the $36 million lawsuit he filed against a Wisconsin county, in light of a pending murder trial against him. Avery was suing for wrongful conviction after 18 years behind bars on a rape that DNA says he did not commit. But now, Avery accused of killing a 25-year- old photographer, Teresa Halbach.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
FITZGIBBONS: I still believe that there`s probably not going to be any doctors in this case who are going to disagree with each other that Debbie is ill and has had some very profound emotional and mental issues over the years.
(END VIDEO CLIP)
GRACE: Welcome back, everybody. The sweetheart deal reached on behalf of school teacher, former model Debra Lafave is out the window. A trial judge says, No way am I giving straight probation for sex with a schoolboy. Now Lafave faces trial.
Straight down to Eben Brown with Newsradio 970 there in Tampa. Eben, do we have a trial date? What comes next?
BROWN: April 10 is the date that they have set for trial up in Marion County. But what they have to do now is, they have to subpoena the boy to come testify. The mother still does not want this boy to testify. She does not want to put her son through a trial. That was the whole deal for the initial -- that was the whole reason for the initial deal, that this would keep her boy out of the trial scene, out of the public light. It would also keep Debra Lafave out of prison. Both sides got what they wanted. Now both sides -- neither side is getting what they want.
GRACE: Well, let me ask you this. Has there been a civil suit filed in this case against the school district?
BROWN: Don`t know that as of yet, no.
GRACE: I want to go to Catherine Burton, behavioral therapist, joining us tonight. Catherine, thank you for being with us.
CATHERINE BURTON, BEHAVIORAL THERAPIST: Thank you.
GRACE: Catherine, what do you make of Debra Lafave? She`s a newlywed -- hey, Elizabeth (ph), let`s see those wedding photos again. Hadn`t been married very long. I`ve interviewed her husband. He was stunned by the whole thing, had no clue. She has it all. She`s got looks, education, her health, a husband. What was she thinking?
BURTON: Well, Nancy, she obviously has a sexual problem. She has very poor sexual boundaries. And who -- we don`t understand why she would respond to 14-year-old boys sexually. There`s something wrong in her sexual development that would cause that to happen.
GRACE: Now, why is it when a man commits statutory rape with a young girl, I, along with everybody else, want him to go straight to prison, don`t pass go, go straight to jail. But when it is a woman, in this case, for instance, with Debra Lafave, do you think probation is the right answer?
BURTON: Well, Nancy, there obviously is a double standard. If this were an unattractive man that had molested a 14-year-old girl, I think there would be an outrage. I think he would be incarcerated. I think there`d be no doubt about it.
But I`d like to comment on something else, that research shows that beautiful people do get preferential treatment. Beautiful people seem to be kinder. People perceive them to be smarter. They seem to have more positive qualities, according to other people, and according to the research. So there is a bias that beautiful people, attractive people, do get preferential treatment.
GRACE: So to Eben Brown with 970 -- how did this judge, Hale Stencil, manage to somehow, you know, gird himself against this intensive beauty that we have Catherine Burton talking about and treat her, as he should, like every other person before him?
BROWN: I think he just -- he took a look at the law up in his jurisdiction, he realized that she was facing three counts up there and didn`t see a reason for her to not stand trial. And that was his words...
(CROSSTALK)
GRACE: Now, what are the three counts she faces there in Marion County?
BROWN: Two counts of lewd and lascivious battery against a child and one count of lewd and lascivious battery by a person over 18.
GRACE: And what is the maximum/minimum?
BROWN: I think you`re looking at 5 to 15...
GRACE: Whew!
BROWN: ... on certain charges. I`m not sure if the battery by a person carries the same weight. But she was looking at something along the lines of 16 years.
GRACE: Well, this is something I don`t understand, Michael, very quickly, how the judge in the other county, Hillsborough -- his name is Wayne -- what`s his name, Naomi (ph)?
UNIDENTIFIED FEMALE: Wayne Timmerman (ph).
GRACE: Wayne Timmerman, Judge Wayne Timmerman -- how could he even accept a deal under the law that`s less than the minimum?
MAZZARIELLO: Nancy, he could -- he can definitely give probation, I believe, which wouldn`t be under the minimum, but maybe he took the victim`s feelings into account here. And the second judge, what happens if the complaining witness, the victim, doesn`t show up to court here? Then the guy doesn`t...
GRACE: You know what?
MAZZARIELLO: Then she doesn`t get probation?
GRACE: We`ve both been there. When a witness doesn`t come to court...
MAZZARIELLO: Right.
GRACE: ... you issue an order to have them brought to court. That`s what happens when witnesses don`t show up...
MAZZARIELLO: But Nancy...
GRACE: ... to criminal trial.
MAZZARIELLO: ... you can`t control what comes out of their mouth on the stand then, if you subpoena them.
GRACE: Yes, well, that`s a whole `nother can of worms. But if you have a statement by that witness and you have them on the stand, you can impeach them with their earlier statement.
Everybody, quick break. To tonight`s "Case Alert." Police announce a suspect tonight in the disappearance of a 12-year-old Texas girl, Tikki Buggs. Police arrested Steve Carrington (ph) for charges unrelated. Police refused to reveal the results of his polygraph. Tonight, no sign of the little girl.
(BEGIN VIDEO CLIP)
LARONALD FOY, MISSING GIRL`S MOTHER: Right now, they`re saying that everybody`s a suspect, and I told them that I don`t care if I`m a suspect, I`ll do whatever they need me to do and go wherever they need me to go to get my baby back home to me!
(END VIDEO CLIP)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
QUESTION: John, how long did it take you to reach this agreement with Mike Sinick (ph), with the prosecutor?
FITZGIBBONS: We started talking yesterday up in Marion County. We were taking the deposition of the cousin of the young man involved, and discussions started and continued into late last night. And otherwise, that`s my comments today. Thank you.
(CROSSTALK)
QUESTION: How do you feel?
DEBRA LAFAVE: Tired.
(END VIDEO CLIP)
GRACE: I don`t think she should have been laughing and smiling for the cameras just yet, OK? She still had one more hurdle to go over. It was called Judge Hale Stencil and -- stumble.
It`s all Trial 101 -- a plea deal, when a defendant accepts a deal admitting guilt to get lighter treatment than they would get at trial.
Very quickly, out to Pat Lalama, investigative reporter. Did the judge say why he rejected the sweetheart deal on child rape?
LALAMA: Well, I think -- I think this says it all. He said it was below his standards. Look, I mean, I think it`s very important to remember that she should not also be punished because she`s pretty. I think this is a judge...
GRACE: I don`t think we`re in any danger of that, Pat.
LALAMA: No, I know, but here`s what I`m saying. A lot of -- we`re going to -- I don`t know about you, I`m going to get e-mails saying, Hey, you`re just jealous, you know? There`s going to be a lot of that going on.
GRACE: You`re jealous of somebody accused of child rape? OK.
LALAMA: I`m just saying that this judge is essentially saying, I`m going by the book. I`m not influenced by these outside sources. This is, quote, "below the standard," and that is important to this judge and it should be important to each and every one of us.
GRACE: To Eben Brown with Newsradio 970 there in Tampa. What was with all the smiling and giggling for the cameras? The deal wasn`t done just yet, you know, the old "Don`t count your chickens before they hatch" thing?
BROWN: I guess she must have -- they had thought that the deal would have encompassed charges in Marion County, that this deal would have taken care of everything that she had to face in the courtroom. Turns out the judge in Marion County says, Hold on a minute.
GRACE: We are headed for trial in State versus Debra Lafave.
(COMMERCIAL BREAK)
MIKE GALANOS, CNN HEADLINE NEWS ANCHOR: Hi, everyone. I`m Mike Galanos at the CNN Center. I want to bring you up to speed now on some of the big stories making news right now.
We have the latest on that incident at Miami International. A passenger shot to death yesterday by air marshals. First off, the air marshals, they are on administrative leave, even though most security officials say they did act appropriately. Now, as for the victim, he may have suffered from bipolar disorder. And coming up on "PRIME NEWS TONIGHT," Dr. Sanjay Gupta will spell out what we know about the disease and how it can affect people.
We`re also following a huge weather system that`s dumping snow all the way from Ohio down to Texas. We`re going to tell you where it is headed next and how much it could affect your travel plans.
And a video that was supposed to be a joke, it has infuriated San Francisco`s mayor and police chief. Now, the officer that produced it has been suspended. He used 20 fellow officers to perform skits. They made fun of gays and minorities. The officer said they were just making fun of themselves. We`re going to tell you if anyone was punished for that move.
That`s coming up in about a half hour on "PRIME NEWS TONIGHT." We`ll see you then.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE (voice-over): George Allen Smith and Jennifer Hagel seemed to own the future.
UNIDENTIFIED MALE: George just had a -- I guess you would say a charisma or a personality, a quality about him, that, you know, that stuck out.
UNIDENTIFIED MALE: Jen Hagel was the type of girl that everyone loved.
UNIDENTIFIED MALE: They had everyone, looks, love, and a long life together ahead of them.
UNIDENTIFIED FEMALE: He was adorable, tall, and very good-looking, and friendly.
UNIDENTIFIED MALE: ... looking forward to, you know, a happy life being married to George.
(END VIDEO CLIP)
GRACE: Welcome back, everybody. As you know by now, 26-year-old George Smith went on a fantastic dream honeymoon with his bride, Jennifer Hagel. He was never seen again. The only trace left behind: blood in a stateroom.
Straight out to associate editor with "Justice" magazine, Adriana Gardella, what`s happening?
ADRIANA GARDELLA, ASSOCIATE EDITOR, "JUSTICE" MAGAZINE: Well, the latest, Nancy, is that George`s family has said that they plan to file a wrongful death lawsuit so that they can hopefully get some answers, answers that no one has been able to get from the FBI or anyone else in this case.
GRACE: Straight to Pat Lalama, investigative reporter, the statute of limitation in this is one year, as I recall. He went missing on July 5th. What are they alleging, Pat, a cover-up of what?
LALAMA: Well, this is very important. First of all, we have to understand all the things that have happened very recently.
Jennifer is now in charge of her husband`s estate, because of a judge`s ruling recently. That allows her to open the door to file the wrongful death claim.
The family has stated: Money is not our primary motive. We feel that, by filing the wrongful death claim, we can get discovery.
Discovery is incredibly important to this family. They feel they`re not getting the information that they need. They feel that Royal Caribbean has done everything that it can to keep their image intact at the expense of solving this crime and that this will actually force them from the back burner to the front burner, because now the lawyers can go and say, "Give me your stuff, hand it over so we can solve this crime, because you are doing nothing to help us."
GRACE: Take a listen to what passengers on Brilliance of the Sea had to say.
(BEGIN VIDEO CLIP)
KAREN DRAKE, PASSENGER ON CRUISE SHIP: That morning, before I got off the ship, I saw no one, no investigative authorities on the ship, or didn`t see anyone. When I got back on the ship later that afternoon, the deck had already been cleaned up.
I thought it was very strange that no one was asking any questions, since my room was so directly in front of the blood, until finally, on day 10 or so of our trip, we did get a letter in our stateroom asking us to come to a boardroom to be questioned.
I`m worried definitely there was some kind of serious foul play. Unless you were playing king of the world, you know, it`s just not possible to fall over. And I just -- there was so much blood.
And the distance from his balcony to that deck was not that great, you know, to generate that kind of injury. So, you know, I`m worried that something terrible happened to him and he was pushed overboard. That`s what I`m worried happened.
(END VIDEO CLIP)
GRACE: Joining us now, the Smith family attorney. He is a maritime attorney and expert. To Bret Rivkind, Bret, thank you for being with us.
BRET RIVKIND, SMITH FAMILY ATTORNEY: (OFF-MIKE)
GRACE: Excuse me?
RIVKIND: Is that good?
GRACE: Yes, I can hear you. Bret, what is the family alleging constitutes -- OK, you know what? I can`t hear Bret.
While we try to get him -- Elizabeth, if you could get him hooked up for me -- I want to go to Dr. Lawrence Kobilinsky, forensic scientist.
Dr. Kobilinsky, I was just about to ask the lawyer about the blood, the blood there in the stateroom. Why haven`t we heard whether it`s a match to George Smith?
LAWRENCE KOBILINSKY, FORENSIC SCIENTIST: Well, that`s a good question, Nancy. I think you haven`t heard anything because the investigation has not been completed.
As we know, the FBI has begun an interrogation, an investigation of all of the passengers on board. They have some suspicions, I am sure, but they`re not revealing all the information.
All of the blood work has been done; there`s no question about that. And I think, once the investigation is completed and there`s a decision that has to be made, was there foul play? If there was, who was involved?
We also need to know who else was in that stateroom. Trace evidence, other kinds of evidence might indicate that there was more than just George and Jennifer in that room. That`s very important.
GRACE: OK. I`m going to try the Smith family lawyer again. Bret Rivkind, Bret, are you with me?
RIVKIND: I`m with you. Can you hear me now?
GRACE: Yes. Great.
RIVKIND: OK, hi.
GRACE: Hey, thank you for being with us. Everybody, George Smith`s family now planning to sue Brilliance of the Sea`s Royal Caribbean. They claim a cover-up. Bret, what is the cover-up you are alleging?
RIVKIND: Well, I think you just heard from a passenger who said that they didn`t see any authorities on board that ship shortly after the ship docked in Turkey. And we think that the Turkish authorities that were right there at the port didn`t walk on to the ship until, I think, around 11:00, 11:30 in the morning, which is some hours after that ship arrived.
The Turkish authorities also reported that they were rushed on and off that ship pretty quickly. A cover-up in the sense that that ship, in our opinion, never should have sailed so quickly from Turkey.
This was a potential crime scene. We think they should have shut down that ship to allow passengers to leave that ship and come back on all morning. Who knows? The evidence could have been taken off that ship. Witnesses could have left that ship.
And the Turkish authorities -- and I think your show and the TV has shown film clips of some of the interviews conducted by the Turkish authorities. There`s one where the Turkish interviewer or translator is holding her baby, who`s crying. And the witness is saying, "But you`re not getting the entire story."
That, plus Royal Caribbean immediately sent from their risk management department here in Miami -- that we deal with all the time, because they handle civil lawsuits -- they sent their civil lawsuit lawyers to the ship to interview witnesses.
Those witnesses have stated that those lawyers attempted to ask leading questions and put words in their mouths. They are not qualified to conduct an investigation of a possible murder that happened on board the ship. You`ve had the forensic experts on board there. Everybody knows that this was not a proper investigation.
GRACE: Bret, have they given you the blood results? Is the blood in the stateroom George Smith`s?
RIVKIND: The FBI has not released any information to us yet. The Smith family, from day one, has gotten no information from Royal Caribbean cruise lines.
In fact, as part of the cover-up, Nancy, the first conversations with the Smith family -- basically, they were not even told, as the ship was arriving in Turkey, that blood had been found, that the Turkish authorities were going to come on board. They were just told George is missing.
GRACE: The FBI, in fact, has given us a statement, a very simple statement. It says, quote, "The FBI investigation is ongoing. We are fully cooperating with them." That`s the Royal Caribbean statement. The FBI has given a statement as well, stating, "We don`t have any comment on a private lawsuit. This is an active and far-reaching investigation, and it is moving forward on many fronts."
OK. That really doesn`t tell us a whole lot. So they haven`t given you, Bret, the results of the blood test. Do you know whether or not there was a video there in the hallway that could show who was going in and out of George Smith`s stateroom?
RIVKIND: We believe there`s videos, which, again, the FBI has at this point. We have not been told what those videos show. And the Smiths have been waiting five months for some answers. They didn`t get any from the cruise lines.
To the contrary, the cruise lines, from day one, went out into the media and in the local press where this family lives, and just portrayed this as an unfortunate accident, which the captain had ruled out foul play, and made these people think, and made the media think and publish, that this was just an unfortunate accident because...
GRACE: You know what, Bret? George Smith would have to be a high hurdler to jump over that rail.
Take a listen to what a passenger had to say.
(BEGIN VIDEO CLIP)
WALTER ZALISKO, POLICE OFFICER: It`s physically impossible for someone to go over that railing without some assistance. On my balcony, they actually came up to chest height. And there`s no way that you can fall over, particularly if you`re drunk. The first thing that gives when you`re drunk are your legs.
(END VIDEO CLIP)
GRACE: Back to the associate editor with "Justice" magazine, Adriana Gardella, has the investigation advanced any further?
GARDELLA: That is something that we just don`t have the answer to. And I think that everything Bret has described shows that Royal Caribbean`s priority has not been getting to the bottom of exactly what happened to George Smith. Their priority has been, simply, to sweep this under the rug to the extent possible. So we don`t have answers to that. And, hopefully, we`ll get them with this lawsuit.
GRACE: And to Pat Lalama, investigative reporter, do you agree that this investigation has advanced no further in now months?
LALAMA: Well, you know, Nancy, it was only -- I believe it was late October when the FBI publicly acknowledged that a body went over, so we`re not really getting anywhere. And it has to begin now, otherwise it`s going to be too late.
You know, as a caveat here, Congress starts hearings, I believe next week, on the whole issue of what could be a chronic problem on the cruise lines. There have been 16 cases of missing people aboard various cruise lines. And, in fact, one case where a woman never made it to her cabin on night one, and the cruise line just took all her stuff, put it in a lockbox, and never told anybody.
So there is an underlying problem here that is probably going to start to be exposed. I think the family is doing some very, very smart maneuvering here by taking the actions that they`re taking.
GRACE: To Bret Rivkind, the Smith family attorney, sir, we wish you luck and our very best to George Smith`s family and bride.
RIVKIND: And we thank you very much for your coverage, because we need to have pressure for these upcoming congressional hearings, that Congress listens, because we believe some positive changes need to be made quickly in the cruise ship industry.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
BETTY BREAZ, MISSING DOCTOR`S MOTHER: I can`t go there, because it`s too repulsive, too sorrowful. It just is so depleting of my spirit.
UNIDENTIFIED MALE: Betty Breaz holds out hope that her daughter, Melinda Superville, is OK. She`s been missing since Friday when she apparently never made it inside her Northwest Houston chiropractic clinic. Her husband, Thomas, found her keys dangling from the door that afternoon when he arrived for work.
TOM SUPERVILLE, MISSING DOCTOR`S HUSBAND: She`s my world. And I`ve asked everybody I can. What do you do? And nobody has any answers.
(END VIDEO CLIP)
GRACE: Welcome back, everyone. Please help us tonight. A little child, 2 years old, and a husband, a mother, everyone looking for a 43- year-old missing doctor, Dr. Melinda Superville, out of Texas.
Joining us right now, reporter with KTRH radio, Scott Braddock. Scott, what happened?
SCOTT BRADDOCK, KTRH-RADIO REPORTER: Good evening. Just about a week ago -- in fact, a week ago tomorrow, Nancy -- Melinda Superville went missing. She disappeared without a trace from a busy street here in Houston, Texas. The police seem to be stumped. And they`re trying to figure out what happened to this woman, but, at this point, they don`t have much to go on.
GRACE: Joining us right now, Melinda Superville`s husband, Dr. Tom Superville.
Sir, our hearts and prayers are with you. What are you doing to help find your wife?
TOM SUPERVILLE: Ma`am, I`m doing any and everything we can to help find my wife, Melinda. When she went missing, I notified the Houston Police. They`ve searched my house and the office, our house and the office, they`ve looked for her. The church has a volunteer search group. And, today, Texas EquuSearch began an intensive search for her.
GRACE: Doctor, what were the circumstances around her disappearance?
SUPERVILLE: On last Friday, Melinda needed to be at the office by 11:00 for a phone appointment. After 11:00, we had our first patient scheduled at 1:00.
I returned from lunch shortly before 1:00 and drove by the office to our house, which is one block behind the clinic on the residential street behind the strip center.
GRACE: Yes, sir?
SUPERVILLE: I went to the house, and unloaded a Christmas tree, went in, washed my hands, and checked the house, the bedrooms, to see if Melinda was maybe laying down, taking a nap, to see if she was home. And she was not there.
So I left the truck there. And I walked back to the office. And as I walked up to the office, Melinda`s keys were dangling in the lock. And I thought not a lot of it. I thought maybe she just absentmindedly left the keys hanging in the lock.
GRACE: Right.
SUPERVILLE: So I went aside. And her yogurt was sitting on the desk that she would have had for breakfast. I turned on the lights. I turned on the radio, prepared for the patients.
I called across the street to an herb tea shop that she would visit. They hadn`t seen her all day. I visited the hair salon next door to see if she was getting a hair trim.
GRACE: Oh, gosh.
SUPERVILLE: They didn`t -- at first, they acknowledged they were not cutting her hair. When the first patient came in at 1:15 and was on treatment, again, I went next-door and asked the hair salon, "Have you seen Melinda?" And they said, yes, she had walked by their salon, by the window, was at my office for just a moment and then walked back by.
And the investigators determined the time lien was about 12:30 on Friday. One of the neighbors saw Melinda walk by on the side street because the dog barked. And she looked out the window and noticed Melinda walking by...
GRACE: So Dr. Superville, the last time that you can pinpoint she was seen was what time?
SUPERVILLE: Approximately 1:30 -- I`m sorry, 12:30, Friday the 2nd, December 2nd.
GRACE: OK, OK, 12:30 Friday the 2nd.
SUPERVILLE: Yes, ma`am.
GRACE: Joining me right now -- everyone, a vigil is going on, trying to help find Dr. Melinda Superville. Right now, joining me, her mother, Betty Breaz, Melinda`s mom.
Ma`am, thank you for being with us.
BETTY BREAZ: You`re welcome.
GRACE: How will the vigil help?
BREAZ: Oh, it was wonderful to see all of my parish family here in support of us, sending their love out to us, and asking how they can help. And so we`re looking forward to a great number of people helping in the search.
GRACE: Dr. Superville, it must feel like you`re in "The Twilight Zone."
SUPERVILLE: Yes, ma`am.
GRACE: Your wife is there. You have this 2 1/2-year-old beautiful boy.
SUPERVILLE: Yes, ma`am.
GRACE: And suddenly, boom, there`s her yogurt, there`s her keys, but she`s gone.
SUPERVILLE: She`s gone. Melinda`s car was in the shop. So that`s why she walked over to the office. And her keys were stuck in the lock. I didn`t know the lock was malfunctioning. And that`s why her keys were hanging there. Somehow, they were bound in the lock, which I noticed the next day, Saturday, with my keys.
It`s been extremely traumatic. I have to try to maintain a positive outlook that there`s been no evidence of anything bad. Of course, there`s, you know -- the authorities and I even suspect, you know, as they say, foul play or something bad.
But, again, for my son and for my well-being, I have to continue to hope that Melinda`s OK.
GRACE: Elizabeth -- oh, Doctor, I am -- look, Elizabeth, let`s put her picture up, OK? Put her picture up and put up the 800 number very quickly, OK? No, no, the 800 number, if you could, 713-222-TIPS.
There is a $10,000 reward to find this woman.
SUPERVILLE: Yes, ma`am.
GRACE: Detective Reich (ph), very quickly, what should cops be looking for?
UNIDENTIFIED MALE: Well, this case is going to come down, Nancy, to good, old-fashioned police work and some luck. You know, they`re going to want to put this out to the public like we`re doing here tonight. And they`re going to ask people if they saw anything. Hopefully, somebody saw something that could lead tips to a -- lead the police to a good tip to help them out.
(COMMERCIAL BREAK)
GRACE: Welcome back, everybody. A desperate search tonight for Dr. Melinda Superville, a 43-year-old doctor out of Houston.
Very quickly to Tim Miller with EquuSearch. Where are you searching, Tim?
TIM MILLER, EQUUSEARCH DIRECTOR: Well, Nancy, there`s a lot of areas, even though we`re in the city of Houston, the fourth largest city in the nation, there`s a lot of wooded area. There`s a lot of areas that we`re looking at. Some areas, I mean, bodies have been found before, and there`s some unsolved cases.
And so we`re trying to get the obvious things first out of the way. It looks like we`re bringing in a helicopter in tomorrow that`s going to be doing some flying. And, you know, we`re going to anticipate a big search.
GRACE: Back to Dr. Tom Superville. This is Melinda`s husband. Dr. Superville, you have totally cooperated with police. They have searched your home...
SUPERVILLE: Yes, ma`am.
GRACE: ... searched your office, searched your car. You have passed a polygraph, everything.
SUPERVILLE: Yes, ma`am.
GRACE: What are police telling you?
SUPERVILLE: I don`t know, ma`am. I`ve been so wrapped up with the volunteers, with Texas EquuSearch, people calling me with concerns. I really haven`t spoken to the police.
GRACE: Yes. How is your boy?
SUPERVILLE: The police are talking to my family. My son, it`s kind of heart-wrenching. Two nights ago, he really wanted to go home. He`s two and a half. He`s very bright, yet his doting aunts have pampered him and concealed from him that his mom is missing, so he really hasn`t been crying for mom yet.
But he`s wanting to go home. And one of my sisters pointed out to me that the stress he`s under -- he`s regressed a little bit in his development. I`ve talked to a child psychologist how to handle it, and they`ve given me some explanations to make to him as to why Mommy`s not here.
GRACE: Dr. Superville, if you could speak out to who may know where your wife is, what would you say?
SUPERVILLE: I would say Melinda is a warm, and gentle, and loving mother and wife. She`s touched so many people as a doctor and as a person. I`ve never seen so many people coming forward upset at the loss of a person -- of a missing person, Melinda being gone.
And I would just plead with the public that, if anybody`s seen anything, if anybody has any idea where Melinda might be, please come forward. Call. It`s 281-309-9500. That`s Texas EquuSearch.
(CROSSTALK)
GRACE: And let me give another number, as well: 713-222-TIPS. There`s a $10,000 reward.
SUPERVILLE: Yes, ma`am.
GRACE: Everyone, thank you for being with us. Thank you, Doctor.
SUPERVILLE: Thank you for your time.
GRACE: I`ll see you tomorrow night, everyone.
SUPERVILLE: Good night.
GRACE: Good night.
END
