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Nancy Grace

Kansas Man Puts Girlfriend`s Toddlers in the Dryer as Punishment

Aired December 15, 2006 - 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: "Burn, baby, burn" takes on a whole new meaning tonight. According to police, a Kansas man locked two children, ages 2 and 3, into a hot clothes dryer and turned it on, all in the name of punishing the boy for wetting his pants. Second-degree burns resulted. And the mother`s boyfriend walks out of jail in less than four hours.
And tonight: Girls just want to have fun. Reports surface Miss USA this close to losing her crown. It`s been threatened in years past over weight gain, nude photos, behavior unbecoming a lady. But is the dethroning illegal? Is the reigning queen gearing up for a legal battle?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Authorities arrest 27-year-old Aron Pritchard, accused of putting his girlfriend`s 2-year-old daughter and 4-year-old son in a clothes dryer. Authorities say it happened in this Hutchinson home, punishment for the boy wetting his pants.

UNIDENTIFIED FEMALE: It wasn`t until someone tipped off authorities the 3-year-old boy and his 2-year-old sister might in trouble that authorities started investigating claims of corporal inhumane punishment against the children.

UNIDENTIFIED MALE: Allegedly, both put into a clothes dryer at separate times on the same day.

UNIDENTIFIED FEMALE: On November 28, police believe, 27-year-old Aron Pritchard put his girlfriend`s children in a clothes dryer and turned it on, leaving the boy with burns across his upper body.

UNIDENTIFIED MALE: All you can do is hope and pray that the system does what it needs to do.

(END VIDEO CLIP)

GRACE: Second degree burns all over the 3-year-old`s back and arms. Good evening, everybody. I`m Nancy Grace. Thank you for being with us tonight. Again, "Burn, baby, burn" takes on a whole new meaning out in Kansas. Why is this guy walking free?

Out to Craig Meade, reporter with KNSS radio. Craig, what happened?

CRAIG MEADE, KNSS RADIO: Well, apparently, Aron Pritchard stuffed the kids in the dryer as punishment for the young boy wetting his pants. I called the jail in Reno County this afternoon, and Aron is no longer in custody. He bonded out after his first appearance today in court.

GRACE: Let me get this straight. Isn`t it true he bonded out on $750? That means he`s only got to put up 10 percent, $75, for putting two children, risking their lives, into a hot dryer? Seventy-five dollars? Wow! That`s some bargain!

MEADE: That`s a pretty good deal, isn`t it. He spent, according to my information, about four hours in jail and then posted that $750 appearance bond, according to -- that was set by Reno County Magistrate Judge Joe McCarville.

GRACE: Whoa, whoa! I need to write that name down. Judge who?

MEADE: Magistrate Judge Joe McCarville.

GRACE: Joe McCarville. And what is his jurisdiction?

MEADE: Well, this is Reno County.

GRACE: Reno County, Kansas. Why would he let this guy out on, basically, $75 bond? But question to you. Why was he in the home? Did he live there? Is he the mother`s boyfriend?

MEADE: Apparently, he is the mother`s boyfriend. The information that I have is, is that the mother and this man are dating. The children`s natural...

GRACE: Dating.

MEADE: The children`s natural father and the mother separated when the natural father came back from duty in Iraq.

GRACE: And -- OK. So we`ve got a guy fighting for his country over in Iraq, and Mommy is dating Aron. Where was Mommy dearest when her children were locked in the clothes dryer?

MEADE: That is something that I have no information on.

GRACE: Well, Craig, let me take a look at this, this complaint information. I`ve got in front of me the complaint, two counts, abuse of a child and aggravated endangering a child. Do you know the mom`s name? Would it be Holly (ph)?

MEADE: I do not know the mother`s name, no.

GRACE: It looks to me like the mother is named as a witness, which makes me suspect she may have been home.

Back out to Pat Lalama, investigative reporter. Pat, Craig is giving us a very, very bad picture of what`s going on out in Kansas, Reno County anyway. What can you add?

PAT LALAMA, INVESTIGATIVE REPORTER: Well, you know, there`s an aggravating circumstance here that just riles me. This child had second degree burns. Do you think they took him for treatment? No. As a matter of fact, this poor little baby did not get treatment until the authorities came and took him out of the home.

Now, the grandmother of the biological father, who was in Iraq, says that there has been a history of problems. She thought that one of the children had a fractured clavicle at one time. But apparently, nothing`s been done as of yet.

Now, this guy is no brain trust also -- not the biological father but the suspect. Just a couple of weeks ago, he and a buddy climbed on top of a grain elevator with lots and lots of beer and sat on top and until the cops came. I mean, and he has a history also of some time in prison for burglary.

You know, I mean, this is -- this is just the absolute worst. I wish eye for an eye could apply here.

GRACE: So let me go out to our doctor tonight, Dr. Jonathan Arden, medical examiner. Dr. Arden, the then 3-year-old little boy stuffed in a hot clothes dryer with his 2-year-old sister, and you know that door locks when you shut it. You can`t kick it out from the inside, I don`t believe. What effect would that have on a child? We know of second degree burns.

DR. JONATHAN ARDEN, MEDICAL EXAMINER: You have several things to worry about here, Nancy. First and foremost, the burns. The temperature is very high in there, and the lining of the drum, of course, is hot metal. And I think this child probably got contact burns from touching the hot metal. And you can burn a child like this in probably as little as a few seconds once that thing reaches its true clothes-drying temperature.

You also have to worry somewhat about physical injuries, blunt impact injuries from bouncing around in there, although probably not something that`s life-threatening. The heat certainly could be life-threatening. And you also have to worry in a very long period of time, which doesn`t seem to be the case, about whether there`s enough oxygen in there. They could asphyxiate, as well. So you have three major worries, but burning is the single biggest thing that I`m concerned about here.

GRACE: Eleanor Dixon is joining us tonight. Her specialty as a felony prosecutor, crimes on children. What do you think?

ELEANOR DIXON, PROSECUTOR: Well, I think this is a terrible, obviously, crime. Sadly, burning is...

GRACE: First of all, Eleanor, tell me something I don`t know, OK?

DIXON: Well, burning is such a horrific injury, when you think about it, especially putting the child in the dryer. And the fact that these burns went untreated for so many days -- I`m no doctor, but you`ve got a risk of infection, and of course, with infection, who knows what could happen to that child? Infection gets into the blood system, child could die.

However, I think it`s very important that we prosecutor these crimes, these cruelty to children, these child abuse. And it`s very sad that he got out of jail on basically $75.

GRACE: Seventy-five dollars bond! Here`s what the district attorney said.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Allegedly both put into a clothes dryer at separate times on the same day.

But the children had gone some time without medical attention. The police didn`t begin to investigate this, obviously, at the time it happened.

I`m glad the little girl wasn`t hurt, and I`m glad the little boy wasn`t hurt worse.

UNIDENTIFIED MALE: We have been interviewed before by the police over certain incidents. All we can do is hope and pray that the system does what it needs to do.

UNIDENTIFIED MALE: They`re leery. They`re shy. Other than that, you know, they play like normal kids their age would play.

(END VIDEO CLIP)

GRACE: Let`s go out to the lines. Joining us, Amanda in Nebraska. Hi, Amanda.

UNIDENTIFIED FEMALE: Hi. My question is, does he have any priors for child abuse with these children or any other children?

GRACE: You know, Amanda...

UNIDENTIFIED FEMALE: (INAUDIBLE) has he been prosecuted?

GRACE: That was my very first question. I know, according to the maternal grandmother -- excuse me, paternal grandmother -- that there was a call regarding one of the children having a fractured clavicle back in 2005.

Let`s go out to Marie Wuthnow. She is the grandmother of the children, joining us out of Hutchinson, Kansas. Ma`am, thank you for being with us.

MARIE WUTHNOW, CHILDREN`S GRANDMOTHER: You`re welcome.

GRACE: Well, I know, as sick as I am about this, you must be beside yourself. When did you learn your grandson had second degree burns all over his back and arms?

WUTHNOW: It was on December the 2nd.

GRACE: How did you find out?

WUTHNOW: I can`t really disclose that. I don`t want to say.

GRACE: Well, I understand. I don`t want you to in any way jeopardize the case. Is your son the biological dad?

WUTHNOW: Yes.

GRACE: And he`s been over in Iraq?

WUTHNOW: Yes.

GRACE: Is he home now?

WUTHNOW: Yes.

GRACE: Does have the children.

WUTHNOW: Yes, he got home November...

GRACE: Thank God.

WUTHNOW: ... of 2005.

GRACE: Does he have the children?

WUTHNOW: Temporarily right now, yes.

GRACE: Is this guy, the defendant in this case, Aron Pritchard -- does he live in the home with the children?

WUTHNOW: I don`t know that for a fact. I couldn`t tell you that.

GRACE: Tell me about this 2005 incident with the clavicle fracture.

WUTHNOW: I know that there was one in September of 2005, of his right clavicle, and then there was another one in April of 2006.

GRACE: What was in April 2006?

WUTHNOW: Another clavicle fracture.

GRACE: Both on the little boy?

WUTHNOW: Yes.

GRACE: Have there been any similar injuries to the little girl?

WUTHNOW: No.

GRACE: Interesting. Now, with the little boy, what did the parent -- what did the mom say? Why did the little boy have the fractured clavicle? What was her excuse?

WUTHNOW: I can`t disclose any of that.

GRACE: Well, I`m willing to bet he fell. He fell back in 2005 and April 2006. Where are the children now? They`re with the dad temporarily?

WUTHNOW: Correct.

GRACE: And Ms. Wuthnow, how long did the injuries go untreated?

WUTHNOW: It`s my understanding a week.

GRACE: Now, I was told nine days. Did the child end up going to the hospital?

WUTHNOW: Not to my knowledge. I don`t know. I don`t think so.

GRACE: Where was he treated?

WUTHNOW: A local clinic.

GRACE: Oh, like a doc-in-a-box. With us, the grandmother of these children, the paternal grandmother, her son now home from Iraq, Marie Wuthnow.

Let`s unchain the lawyers. I can`t wait to hear what their defense is going to be in this one. With us tonight, a veteran trial lawyer, Stuart Meltzer out of the New York jurisdiction. Also with us out of New York, Tanya Robinson, also a veteran trial lawyer herself.

Stuart, I`ll let you have the first crack at it. What`s your defense?

STUART MELTZER, DEFENSE ATTORNEY: Well, I`d like to make two comments regarding this issue. The defense for Mr. Pritchard is fairly easy. He`s got several different defenses. Number one, It wasn`t me. Number two, There was no mental intent to cause any injury or to commit a crime. Perhaps he could argue that he was giving the children a ride in the dryer. I think it`s a very difficult case for the prosecution to prove in light of the children`s ages.

On the other hand, based on my experience working in the criminal courts here in Kings County, which is Brooklyn, I see incidents like this happen all the time. And I believe that the root of this problem is the failure of our family courts and the failure of our criminal courts and matrimonial courts...

GRACE: Well...

MELTZER: ... to make it easy for fathers and for non-custodial parents to have access to their children. Now, I understand in this case, the paternal -- the father sought custody for a long period of time.

GRACE: That`s right.

MELTZER: And I suspect that if this father had greater access, liberal access to his children, this may not have happened.

GRACE: Well, Stuart, I have to agree with you. You`re absolutely right, in the sense that the father here had tried to get custody for a very, very long time. And if the courts had allowed even greater custody than what he had, this may not have happened. But I don`t need to hear a sermon about it being the court`s fault. The judge didn`t go into the home, Stuart, and put the child in the dryer. But I do like your creative defense that he`s trying to give the little 3-year-old a ride in the hot dryer. I`m going to hold that thought.

Tanya, you want to weigh in?

TANYA ROBINSON, DEFENSE ATTORNEY: I got to tell you, I ran this by a couple of people, and more than one person said exactly that, maybe he was giving them a ride in the dryer. I`m not sure why...

(CROSSTALK)

GRACE: Just like he was giving himself a ride on top of a grain elevator drunk?

ROBINSON: Well, that`s a whole `nother issue. Now, in terms of the defense, I agree that we`re going to be talking about intent. However, the statute reads intentional and reckless, not intentional or reckless.

MELTZER: That`s correct.

GRACE: So?

ROBINSON: So you know, I think things are almost going against each other. Are you being reckless, or are you intending to do something...

GRACE: You know what?

ROBINSON: ... that means you`re reckless...

GRACE: You two, if I`m ever arrested, please represent me because...

ROBINSON: You got it, Nancy.

GRACE: ... between the two of you, you`re two mad scientists, the defense bar, because one says it was a ride for fun, and the other says you can`t intend to do it and be reckless.

Eleanor Dixon, the intent is not to burn the child. The intent necessary under the law is to do the act, the act of putting the child into the dryer. Yes, no, Eleanor.

DIXON: Yes, that`s true. And then what results from that is the crime. So to me, this is easy to prove his intent and his reckless behavior. This is no a no-brainer. It wasn`t a ride.

GRACE: Let`s go back out to the lines. Joining us, Evelyn in Florida. Hi, Evelyn. Evelyn, do I have you there?

UNIDENTIFIED FEMALE: Hi, Nancy.

GRACE: Hi, dear. What`s your question?

UNIDENTIFIED FEMALE: I love your show.

GRACE: Thank you.

UNIDENTIFIED FEMALE: Thanks for standing up for the kids.

GRACE: Thank you.

UNIDENTIFIED FEMALE: My question is, will Mr. Pritchard be allowed back in the home?

GRACE: Oh, good question. Out to Craig Meade with KNSS Radio. Please tell me the judge enjoined him from going back into the home.

MEADE: Not to my knowledge.

GRACE: Oh...

MEADE: As far as I know, he`s free to do what he needs to do.

GRACE: ... good Lord in heaven! And I can just imagine where he is tonight, straight back at the scene there with his girlfriend.

Quick break. We`ll all be right back. But let`s go to tonight`s "Case Alert." After a long delay, finally justice. We here on the show highlighted the murder of Robby (ph) Purseley, April 28, 2006. That night, we asked for help. A bright young man, Pursley, lost his life outside a trendy Cincinnati nightspot. A jury hands down a verdict against Lonnie Webster who gunned down the 28-year-old shooting star Robby Pursley in an attempted carjack. Webster finally ID`ed by a tattoo on his forehead.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Relatives believe some three weeks lapsed before authorities learned of the abuse. (INAUDIBLE) the grandson suffered second degree burns that went untreated and will likely now leave permanent scars across his back. His younger sister was not hurt.

UNIDENTIFIED MALE: Other than that, you know, they play like normal kids their age would play.

(END VIDEO CLIP)

GRACE: According to police, a Kansas man locked a 2 and 3-year-old into a hot clothes dryer to punish the little boy, then 3 years old, for wetting his pants. Here`s his glamour shot. But guess what? He`s not even behind bars. The judge -- let`s see, who is this judge? -- Magistrate Joe McCarville in Reno County let him walk on a $750 bond. That usually equals $75 cash. Thanks, Judge. He`s probably back at home tonight with the two children.

Now, we believe the two children are actually with their biological father tonight temporarily.

Let`s go back out to the lines. Vanessa in Michigan. Hi, Vanessa.

UNIDENTIFIED FEMALE: Hi, Nancy. As a mother of a 2-year-old who`d potty training, I do lots of laundry every day. And I know that when I open that dryer up, the heat is excruciating. Is this guy going to face any attempted murder charges for these little babies?

GRACE: You know, that`s an excellent question. Out to Eleanor Canarins (ph). Is there a way that this can be indicted for attempted murder?

DIXON: It would depend on the laws in the state of Kansas. If they have one, perhaps it could, because you could show that there was an intent to harm and thus an intent to perhaps murder, because she`s right, the heat gets awfully high there in a dryer.

GRACE: Out to Pat Brown, a high-profile criminal profiler. You know, when you take a look at this -- I was researching kids that die in a car on line. What about kids in a dryer, Pat?

PAT BROWN, CRIMINAL PROFILER: Well, Nancy, we see more of these cases showing up recently. I think what we have are some sadistic psychopaths who find this an amusing way to torture children. And why I agree about that attempted murder charge, if this was not a child and this -- if this were a stranger, for example, some -- let`s say some teenagers were there and this man grabbed those teenagers and shoved them into the dryers and turned them on, what would we have? We would have kidnapping and attempted murder, without a question. But because they`re children and because they`re somewhat related to this man, what, we give them a little slap on the wrist and send them home? That doesn`t make any sense.

GRACE: No, it doesn`t. And I can definitely see a theory for attempted murder that would go to the grand jury. This guy walking free tonight.

Out to the lines. Vickie in New Mexico. Hi, Vickie.

UNIDENTIFIED FEMALE: Hi, Nancy.

GRACE: What`s your question, dear.

UNIDENTIFIED FEMALE: Well, I`m curious, if we can`t charge -- I realize he is not a biological parent, but even the mother being involved - - can she not be charged with medical neglect for failing to obtain treatment for this child for such a long period of time?

GRACE: You know, that is a good question. Out to defense attorneys Stuart Meltzer and Tanya Robinson, both veteran trial lawyers. Guys, take off your defense hat just one moment. Let`s think critically about these charges. If the mother was in the home, Tanya, and she observed what was happening, she could very well be charged at least with party to a crime.

ROBINSON: Absolutely, Nancy. I`ve seen that before.

MELTZER: Yes. I agree.

ROBINSON: We`ve had situations where there are families who don`t want to give medical attention for religious reasons, and they have also been brought up on criminal charges.

GRACE: Well, I hardly think to you -- to you, Stuart -- that religious reasons as a defense wouldn`t help in the commission of a crime. I mean, if you were acting out of religious reasons, you wouldn`t commit felony child abuse to start with, I don`t think, Stuart.

MELTZER: Well, I would agree. I think the only defense this woman would have in this state to avoid an "endangering the welfare of a child" charge would be a total lack of knowledge. Based on facts of this case, I think the mother would face charges here.

GRACE: If she`s at home. She needs to go hire a lawyer quickly.

Let`s go to "Case Alert," Liz. A prayer vigil tonight for the safe return of a 1-month-old Florida child, a baby kidnapped at knifepoint, police now naming a person of interest, Valter Coelho, apparently connected to a human smuggling ring, baby Bryan stolen from his mom`s arms earlier this month by a female suspect, believed to be payback, the baby`s parents allegedly failing to fully pay for being smuggled themselves into the U.S. If you have info, call 877-667-1296.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Wuthnow want to know why something wasn`t done sooner for the children, but also says, for right now, he`s glad they`re out of harm`s way and hopes the system will keep them safe.

UNIDENTIFIED MALE: All you can do is hope and pray that the system does what it needs to do.

(END VIDEO CLIP)

GRACE: Police say a Kansas man locked a 2 and 3-year-old in the dryer as punishment. The little boy had wet his pants.

Out to psychotherapist Dr. Leslie Austin. Explain the mentality to do this to someone so much weaker than yourself.

LESLIE AUSTIN, PSYCHOTHERAPIST: Nancy, it`s somebody who`s got uncontrolled rage and bad impulses. This is just savage and demented. There is nothing any child can do that would justify doing anything like this.

GRACE: To Dr. Arden, very quickly, the delay in treatment -- would that cause infection or scarring?

ARDEN: Scarring is not very likely because these are second degree burns and that involves blistering, which usually heals over pretty well. Infection is a very real concern, especially with delay or absence of treatment. That`s a real big worry. And if this child escapes without any, then we`re very lucky.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: There`s buzz that Miss USA, 20-year-old Tara Conner, may soon be stripped of her crown because of her reported hard partying in the New York club scene. Harvey Levin, managing editor of the celebrity Web site TMZ.com, tells "SHOWBIZ TONIGHT" her fate may already be sealed.

HARVEY LEVIN, MANAGING EDITOR, TMZ.COM: TMZ has confirmed that a high-ranking pageant official contacted the first runner-up, Miss California, and told her that she will be assuming the role of Miss USA when Donald Trump makes his announcement in the coming weeks.

(END VIDEO CLIP)

GRACE: Don`t they understand girls just want to have fun? Reports are surfacing Miss USA is in threat of being dethroned for hard partying. But this isn`t the first time: It`s been threatened in the past over weight gain, nude photos, behavior unbecoming a lady. But is such a dethroning legal?

Out to you, Pat Lalama. What`s the latest?

PAT LALAMA, INVESTIGATIVE JOURNALIST: I think she would have made a better Hawaiian Tropic girl from what I`m hearing. The story goes that she`s partying so hard that, quote, one witness said, "She makes Paris Hilton look like a baby."

Now, this means alleged drinking. Remember, she`s 20. She apparently loves the late-night party life. She`s been going out with a string of guys, dumped her poor, little high school sweetheart, who was her fiance. She`s living in Trump Tower with Miss Universe and Miss Teen USA. And Uncle Donald -- I say affectionately -- claims that he`s concerned that she`s got some behavioral issues, and he says he`ll sum it all up within the week and will decide.

GRACE: OK. You know, I`m very disturbed that for partying she`s going to lose this crown. And you guys may laugh at it, but that`s a lot of money in scholarship. They work hard; they basically starve themselves.

Out to Sallie Toussaint, former Miss USA World -- she has also competed in Miss Universe, I believe, or Miss USA in Miss Universe. Sallie Toussaint, how difficult is it to obtain this crown to start with?

SALLIE TOUSSAINT, FORMER MISS USA: It`s extremely difficult, Nancy. You have to, of course, diet and exercise. You have to learn how to speak to large crowds and pretty much have your act together at a very young age. This girl is only 20 years old.

And I was around the same age when I was given this title. And it`s really hard on somebody that young, because you don`t really start to mature till your mid-20s, really.

GRACE: Of course, this is not the first time.

Out to the lawyers, Stuart Meltzer, Tonya Robinson (ph), that this has been threatened. Let me see. I made a little list here. In 1973, catch this, Tonya and Stuart, Marjorie Wallace, the first American Miss World, she was dethroned for dating too many men, including singer Tom Jones. Now, listen, if every lady lost her job for dating too many men, we`d all probably be out on the street, without a job, living in a cardboard box tonight.

1984, I`m not even going to say Vanessa Williams. Remember the nasty photos, I believe in "Penthouse"? And let me just say the photos involved her and another lady. But, Miss Williams, I never looked because I did not think you should be dethroned.

In 2002, Oxana Fedorova, remember her, the Russian Miss Universe? She was fired when she balked at her demanding schedule. Later, it came out that it was rumored she was too fat. Look at her. She`s probably, what, a size two?

And 2006, remember Danielle Lloyd? She lost her title after posing for "Playboy." And then there was another person -- who was it, Karen -- Donald Trump called her an eating machine, Miss Who?

Miss Venezuela. He called her an eating machine, and they told her she had to lose 27 pounds, Tonya -- there she is, beautiful -- 27 pounds in two weeks.

I hear you clearing your throat as if this doesn`t affect you, Stuart. But what if somebody told you you`re going to lose your job if you didn`t lose 27 pounds in two weeks. Think about it, Stuart. You think you could do it?

STUART MELTZER, DEFENSE ATTORNEY: Twenty-seven pounds in two weeks?

GRACE: Yes.

MELTZER: I could put it on in two weeks, but I don`t think I could take it off.

GRACE: Well, I totally agree. And what`s disturbing, Tonya, is how difficult it is to win this crown to start with.

TONYA ROBINSON (ph), DEFENSE ATTORNEY: It really is, Nancy. And we put all of this pressure on these girls from when they`re very young. I mean, Tara was doing this from the time she was 4 years old. She has been going through the circuit this whole time with all this pressure on her. And really look at someone like Nicole Richie and we say, "Gosh, I wonder why she`s so thin."

GRACE: Out to Sallie Toussaint, former Miss USA World, and she has competed in all of the greatest beauty pageants, Sallie, how severe does the partying have to be for it to come to this?

TOUSSAINT: Well, I personally think that this is great publicity for the organization and Mr. Trump. I think that, you know, now that "The Apprentice" is coming up, the new season, and also the Miss USA pageant, it`s kind of a publicity for ratings, because this girl -- I mean, this is embarrassing publicity. So why would you stoop that low to embarrass this poor child? You`re getting millions and millions of dollars of free publicity.

GRACE: I don`t know that I would call her a poor child. Have you seen this Web site?

TOUSSAINT: Yes, I have, but I`m just saying it`s been the same story over and over again, like Alicia Machado with the weight. I mean, what was this girl, like a size six, size eight, and she...

(CROSSTALK)

GRACE: Oh, I doubt she was a size six.

TOUSSAINT: I`m not talking about this young lady, Tara Conner. I`m talking about Alicia Machado, the Miss Venezuela from years ago. I mean, they use these girls for publicity. I mean, it`s really sad, but that`s just how it is.

GRACE: Let`s take a look at the legal angle, Eleanor Dixon. If they were relying on hearsay, that would never be allowed in court, of course, but this is not a court of law, Eleanor.

ELEANOR DIXON, PROSECUTOR: No, it`s not. And I guess it all depends on what her contract says, because you can bet Donald Trump has her locked into a contract which specifies exactly what she can and cannot do. And if she breaks that contract, then he would have a right to kick her out, so to speak.

GRACE: To Sallie Toussaint, former USA World, what kind of benefits are we talking about that she would lose, if she loses her throne?

TOUSSAINT: Well, she loses her prize money, of course, the beautiful crown. It`s real jewels.

GRACE: Whoa, whoa, whoa, those are real diamonds?

TOUSSAINT: Yes. Now, I think the past couple of years now they`re made into real diamonds and pearls, because they have better sponsors now. But I don`t know. I don`t think that he`s going to dethrone her. I mean, I know Donald, and he`s a pretty fair man.

GRACE: How much money? How much money are we talking about? By the time you get all your benefits and your P.R. and your scholarship, how much money is it?

TOUSSAINT: It`s over $100,000, for sure.

GRACE: Take a listen to this.

TOUSSAINT: Yes, it`s a lot of money. I don`t think she`s going to be dethroned. I think that Mr. Trump is a fair man, and I think she`s going to continue to go through her reign.

(BEGIN VIDEO CLIP)

LEVIN: We are told from sources inside the NBC and pageant camp that they believe that this Miss USA is out of control, that she has gone to a lot of New York bars and partied way too hard, drinking, socializing, doing other things, as well, that have really concerned them. And she`s missing appearances.

I know something specific and, frankly, I don`t want to talk about it, because I think it`s serious enough that, you know, I think it`s unfair to start, you know, raising these really specific things, but there is something that did concern the pageant and NBC officials.

(END VIDEO CLIP)

GRACE: Well, it`s Trial 101, under the Constitution, no one can be treated differently than someone else. It`s called equal protection under the 14th Amendment.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

VANESSA WILLIAMS, ACTRESS-SINGER: The potential harm to the pageant and the deep division that a bitter fight may cause has convinced me that I must relinquish my title as Miss America. It has never been and it is not my desire to injure in any way the Miss America title or pageant. I feel at this time I could expend my energies in launching what I hope will be a successful career in the entertainment business.

Last Friday, I heard on the news that the pictures were going to be published. I also learned that the pageant had asked me to resign my title and that I would have 72 hours to make my decision. I was shocked, surprised and deeply hurt, as I am sure many American people were.

I didn`t exactly see the pictorial until Sunday morning. After viewing the photos, I was enraged, and I felt a deep sense of personal embarrassment. Several times during the month of July, Tom Chappelle had approached me about posing nude. Based on his persistence and encouragement that I would be a good subject and his assurance that the photographs would just be for me to see, I was ultimately persuaded to do a session.

I did have some shots taken which were both nude and partially nude. After looking at the printed negatives, I decided not to have any prints made. I never consented to the use of any of these photographs by Tom Chappelle or anyone else.

(END VIDEO CLIP)

GRACE: That was Miss America all the way back in `84, Vanessa Williams, and she did just that, go on to a successful career in entertainment. She`s one of the most beautiful movie stars ever, right now in the hit series "Ugly Betty." So being thrown off your throne can be overcome, Pat Lalama, but what exactly are the nature of these charges? It`s pretty vague and ambiguous.

LALAMA: Well, I think the issue is -- by the way, I do want to say that, out here in Hollywood, the badder you behave, the better it is for you. You know, I mean, it`s a shame, but true.

But I think the deal here is probably drinking, because she is 20. You know, and Harvey, my colleague, talked about specifics. I have a feeling, Nancy, that there`s something here that might be just a little bit unforgivable, that some of this we could put aside.

The bottom line is, you all know that, if you sign a deal, those of us in the media, you know, there are morals clauses. And she has, right or wrong, good or bad, she has to live by a certain thing if she`s going to do these pageants. Antiquated as a lot of them may seem, she does have to live by them.

But I agree with Harvey, although I don`t know what he knows, that there`s something here that crosses the line.

GRACE: Wait, wait, wait. So you think it`s not just drinking with the girls underage?

LALAMA: Yes, I mean, yes, she`s got a lot of boyfriends, and, yes, she stays out late...

GRACE: Well, the last I looked, having a lot of boyfriends was not a felony.

LALAMA: Right, right. And, I mean, are you going to tell me that in the Miss America thing it says you can`t date a lot of guys? I mean...

GRACE: Pat Lalama, you and I have talked -- I`m not going to ask you on air how many boyfriends you`ve had. I`m not going to go there...

(CROSSTALK)

LALAMA: Can I answer? Can I answer?

GRACE: Sure.

LALAMA: As many as I want, OK?

GRACE: See, that`s why I`m very concerned that, if this were a man...

LALAMA: Oh, absolutely.

GRACE: ... everyone would be clapping and applauding, but because it`s her, she`s going to lose her job.

LALAMA: Absolutely, yes.

GRACE: And another thing, the law under our Constitution, Eleanor, cannot be so vague and ambiguous that people can`t follow it, that you could be prosecuted for something or, in this case, lose your job over something you didn`t even know you weren`t supposed to do.

I mean, as far as moral clause, remember the -- I believe it was Miss Venezuela or either Miss Russia 2002 that everyone believed that she had gotten too fat for her job. To me, she just looked normal.

Here she is, absolutely gorgeous. And, of course, the whole press corps shows up to see her jumping rope in a leotard. You know what? I would stick my head in the sand and never come -- OK, that`s her being fat. That`s her fat, Eleanor. Now, if that violates a contract, I did not, you know, pass contracts in law school then.

DIXON: Well, Nancy, you`re right, but you`ve got to look at the specifics of the contract.

GRACE: Look at her, what is she, a size four, maybe?

DIXON: I know.

GRACE: Go, fatty, go. She`s beautiful.

DIXON: And you know how much emphasis our society -- well, the media places on weight. Look at Nicole Richie and all the others.

(CROSSTALK)

GRACE: ... fire me for being fat. Look at this girl. So what my point is, how can they throw her off the throne, Eleanor, for something so vague?

DIXON: Well, maybe they don`t have vague information. Maybe they have something very specific. However, at this point, they`re not telling the public what that specific thing is.

GRACE: I only wish I looked like Miss Fatty there in her big size two self.

Out to Christie in California, hi, Christie.

CALLER: Hi, Nancy, lovely to speak with you. I am just...

GRACE: You`re what? I`m losing you.

CALLER: Oh, I`m curious, if she`s only 20 years old, and you touched a little bit on underage drinking, but how is she being served in these bars?

GRACE: You know, that`s a good question. I`ve been wondering that every time I see these host of underage drinkers in the tabloids getting out of cars without their underwear on. Of course, that`s a whole different matter.

Out to Sallie Toussaint, former Miss USA World, yes, I`m a little concerned if she is drinking underage. That is a crime -- a misdemeanor, of course, a city ordinance, but still a crime.

TOUSSAINT: Yes, Nancy. And, also, where are the pageant chaperones? And who is serving this girl? You know, I mean, there`s not just her. I mean, she knows that she`s doing something wrong, but there`s also other people to blame here. It is illegal to serve her alcohol. She`s under 21. Why isn`t she being carded?

GRACE: Well, what`s really interesting -- to Leslie Austin, psychotherapist -- is that we don`t hear of any bars getting in trouble for serving her. It`s all on her.

LESLIE AUSTIN, PSYCHOTHERAPIST: Well, actually, reportedly she`s doing it in Chelsea, New York. I live near there. And, unfortunately, it`s become a very wild scene. The police are trying to crack down. But these bars are rife with illegal drugs, with pot, with coke, underage drinking...

(CROSSTALK)

GRACE: Leslie, where have you been hanging out?

AUSTIN: They`re down my block, and I don`t like it, Nancy. It`s a really rough scene. So all she would have to be doing is hanging out and doing what all the other underage drinkers are doing. The bars are trying to crack down, but it`s not a good scene right now. So I`m very concerned what she`s been doing.

GRACE: Here`s my next question, Leslie, the message that this will send. And, Mr. Trump, I hope you`re listening. When you thought you had a fatty on your hands, that big size two we just showed, you worked with her, remember? And to throw this girl off because she`s been drinking, if that`s it, oh, that`s a problem.

And to you, Dr. Leslie Austin, what message does that send that, if a girl gains weight or has a minor infraction, she loses her job?

AUSTIN: You know, personally, I find that reprehensible, but it is a contract, and they did agree to those guidelines. That`s what this pageant is about. It`s a business enterprise. So as much as I dislike it, these girls know what they`re going in for. And I agree: Where are their chaperones? Where are their adult guides to help them through this?

GRACE: You brought up a really good point. We`re approaching this according to the Constitution and the criminal law system. This is a contract, so the beauty pageant can pretty much call the shots.

Very quickly, tonight, a hero doctor gives up the easy life to help the needy from Africa to Albany, not just this the holiday season, but year-round. Dr. Robert Peglow (ph) runs a medical clinic in the poorest, crime-ridden section of Albany, New York. Here Dr. Rob provides not just health care, for little or no cost, but food, clothing, and prayers.

Tonight, Dr. Robert Peglow (ph) giving the greatest Christmas gift ever: love.

(COMMERCIAL BREAK)

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.

(BEGIN VIDEO CLIP)

GRACE: A South Carolina mom and dad vanish on winding roads from South Carolina to New York (INAUDIBLE) in the North Carolina woods. It is the car and body of Dianne and Raymond.

UNIDENTIFIED FEMALE: This is like a nightmare I`m going through. I just want to wake up from it.

GRACE: She drove her BMW to take her dog shopping, but, ruh-roh, she forgot something: her baby.

MICKEY SHERMAN, DEFENSE ATTORNEY: She didn`t commit the crime of the century, because you and the public would be more ticked off if she left the dog and took the kid.

GRACE: Three men stranded on treacherous Mt. Hood, Oregon, freezing snow, sleet, rain and wind tonight at 80 miles an hour, all stopping rescuers.

UNIDENTIFIED MALE: We believe in our hearts that, despite the forces of Mother Nature, these men will persevere and walk off this mountain.

GRACE: A pit bull chews off the toes on a 1-month-old baby girl.

UNIDENTIFIED MALE: Nancy, my best defense is this dog never did anything in the past to lead them to believe that this dog would cause any harm to anybody.

GRACE: So it doesn`t have a criminal history.

Borat in court, battling a lawsuit by boozing frat boys who made complete jerks of themselves on the big screen. FYI, people: Booze is not a legal defense.

SACHA BARON COHEN, "BORAT": I like very much meet this woman, Nancy Grace. Wah-wah-wee-wah. Now, she have more hair on her head than on her back.

(END VIDEOTAPE)

GRACE: Thank you, Borat.

Let`s stop for a moment to remember Marine Corporal Gary Koehler, just 21, Ypsilanti, Michigan, killed, Iraq. Enlisted straight from high school, he was on a second tour of duty, awarded a Purple Heart. A trained sniper sent to Haditha, he`s remembered for a smile that lit up the room, leaving behind a grieving widow, his high school sweetheart, Hillary, loving parents, and an older brother. Gary Koehler, American hero.

Thank you to our guests, but especially to you. Good night from the New York control room. And good night from special guests of the show, Anita, Alan, Patricia, Sara Ann, and Griffin Elizabeth.

NANCY GRACE signing off for tonight. Tonight marks the first night of Hanukkah. And for those celebrating tonight, (INAUDIBLE). See you tomorrow night. Good night, friend.

END