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Nancy Grace

Erin McLean Still on the Run With Children

Aired November 23, 2007 - 20:00   ET

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

PAT LALAMA, GUEST HOST: Tonight: Alleged child molestation turns deadly. A young father of two pulls a long gun after his teacher wife lures a young boy student into a sex affair. The husband-turned-shooter claims it was all an accident, but does a 911 call to police prove otherwise, that he planned to murder his teenage love rival? Tonight, Eric McLean speaks out after his teacher wife goes MIA, taking off with their two children, this after she gets a new job teaching under her maiden name, then raises eyebrows for another questionable relationship with yet another boy student.
Where is Erin McLean and the couple`s two children?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Sean Powell was shot outside the couple`s home. According to police, the husband, Eric McLean, called them to report an intruder was in his home.

ERIC MCLEAN, ACCUSED OF KILLING WIFE`S STUDENT LOVER: Hello. I have an intruder in the house.

911 OPERATOR: Where are you?

ERIC MCLEAN: 2424 Coker Avenue.

911 OPERATOR: You have an intruder in your house? What do you mean by an intruder?

ERIC MCLEAN: Trespasser.

UNIDENTIFIED MALE: Minutes later, though, his wife also called police and told them that, in fact, he had shot her alleged teen lover, Sean Powell.

911 OPERATOR: 911.

ERIN MCLEAN, WIFE OF ERIC MCLEAN: My husband just killed someone.

911 OPERATOR: What`s the address, ma`am?

ERIN MCLEAN: 2424 Coker.

911 OPERATOR: Is he there with you right now?

ERIN MCLEAN: No, but the body`s here.

911 OPERATOR: How did he do it?

ERIN MCLEAN: He shot him with a shotgun. Please come! Hurry! Hurry!

911 OPERATOR: Stay on the line, please. Don`t hang up.

ERIN MCLEAN: Oh, my God. Oh, my God!

(END VIDEO CLIP)

LALAMA: Good evening. I`m Pat Lalama, in for Nancy Grace. Tonight: His teacher wife lures a young boy student into a sex affair, then he pulls a gun on his teenage love rival. The husband claims it was all an accident, but was it?

Let`s go right to Jon Leiberman from "America`s Most Wanted." Jon, what`s the latest on this case?

JON LEIBERMAN, "AMERICA`S MOST WANTED": Well, I`ll tell you, the latest on this case -- and this is a very strange case, Pat. For one, Erin McLean, the woman who is accused of having an affair with the 18-year-old - - she is nowhere to be found, and Eric McLean, the suspect who`s been indicted on second-degree murder, he is now out on bail and filing for divorce against Erin.

But the thing that we need to keep in mind here is -- with all of the lurid storyline, we need to keep in mind that we need to find justice for Sean Powell, this 18-year-old who was sucked into this love affair. And nobody has been held accountable for it.

LALAMA: You know, Catherine Howell, you are news director at Newstalk 100 WNOX in Knoxville. Take us through that night. What are the events as you know them?

CATHERINE HOWELL, NEWSTALK 100 WNOX: Well, it happened March 10. Apparently, Sean had been camped outside the house in a Mercedes, outside of the McLeans` house, for some time, supposedly a couple of days. Apparently, he came to the door. Eric asked him not to come in. And this is from testimony in the preliminary hearing. And apparently, he came in anyway. There was a 911 call. He said everything`s fine. Seven minutes later, another 911 call. This time it was Erin saying, My husband just killed someone.

LALAMA: Wow. It`s really fascinating. Mike Brooks, former D.C. police and also from the FBI terrorism task for at one time, what do you do with a case like this? Where do you begin?

MIKE BROOKS, FORMER D.C. POLICE, CNN LAW ENFORCEMENT ANALYST: Well, you -- you know what motive -- you know, that`s the whole thing. What is the motive behind here? Was it -- was he just, like -- did he have this jealous rage? But you know, if he was out there for two days, this kid, was he a threat to this guy? He was unarmed. He, you know, said -- he called and said there was an intruder. It took him that long to call the police and say there was an intruder. If there`s a car parked outside my house, Pat, I`m going to call immediately and say, Hey, come over here and check this out. But no, he took the law into his own hands and he took a rifle out there. And there`s that seven minutes. What happened during in that seven minutes is going to be crucial to this case.

LALAMA: Catherine, is there a sympathy factor here with this young man? OR with the father, I should say, the husband.

HOWELL: Oh, there certainly is, especially because of all the media attention, because the wife has become vilified, because of all the attention on teacher affairs and the fact that now he`s looking for his two sons.

LALAMA: Jon Leiberman, the question now is, she`s off running around the country, maybe be involved with other kinds of situations. What are we hearing about that?

LEIBERMAN: Well, you know, she was traced to Nashville, staying at some relatives` house. And she was actually fired from a teaching job in Nashville because of an alleged affair with another teenager down there. And then there were rumors that she actually left Nashville to head to California for another person that she met on the Internet. We`re not sure if that`s a teenager or a grown person.

But the bottom line here is this. She has those two children with her.

LALAMA: Right.

LEIBERMAN: We need to make sure the children are safe. And she`s going to be the state`s star witness against Eric in the trial, so she needs to be found and brought back for this January trial.

LALAMA: You just lead me to my very next question for Mike Brooks. Aren`t we a little worried about these kids of hers?

BROOKS: Absolutely, Pat! I mean, this woman -- she had checked herself into this -- to a mental facility after she was fired from the job using her maiden name and some trumped-up resume. So the question is, Is she a danger to herself? Is he a danger to these kids? I would say right now, Yes, she is.

LALAMA: Well, let me ask you this, Catherine. What`s up with the trial? What -- how`s it being prepared? When do you expect the first court date on this?

HOWELL: Well, he is set to go to trial, charged with second-degree murder, in January. However, but for the fist time, his attorney says he might actually consider a plea deal, not because he doesn`t feel like his case is strong but because he`s hoping that he may actually end up with custody.

LALAMA: Mike Brooks, what do you think about that strategy?

BROOKS: Well, you know, it`s not a bad strategy, when you think about it. They`re playing their cards very, very close to the vest, Pat. But you know, what is their defense? What is their defense? What happened during that seven minutes? That is going to be key to their defense. But if he can take a plea deal, he probably could get the kids back if they find her -- that she`s incompetent to care for these kids. And from her behavior right now, Pat, I`d say that he has a pretty darn good chance of getting these kids back.

LALAMA: Jon Leiberman, though, isn`t there a big concern now about possible negligence? I`m really concerned about these kids.

LEIBERMAN: Well...

LALAMA: And why is it -- I mean, can someone call children`s services? Can they track her behavior? I mean, you know, how does this -- how is this allowed to continue like this?

LEIBERMAN: Unfortunately, the way the system is set up, until she does something that`s truly against the law, nobody can apprehend her. There`s no warrant out for her arrest. But I`ll tell you, family on both sides of this family, Eric and Erin`s, said that when she was in Nashville for a certain period of time when she wasn`t staying with family, she was staying in a seedy motel, alcohol bottles everywhere. I mean, that`s no place for any children to be. I`m worried about the kids in any scenario with either parent, frankly.

LALAMA: Unbelievable. Catherine, let me ask you, how did this all come to the forefront? How did it come public, this relationship? I mean obviously, the shooting, you know, brought it to the public`s attention, but when did the father find out?

HOWELL: Well, Eric said that he found out -- he knew for about a month-and-a-half before the shooting that this happened, that his son actually told him, that he found out that his son had -- that she had maybe lashed out in anger at her son because he had seen something and she didn`t want him to tell. So he found out from the children that this had happened. And then, of course, it became public when the preliminary hearing occurred and he told everyone his side of the story.

LALAMA: Oh, how sad is that, Jon Leiberman!

LEIBERMAN: Terrible for it to have to come out that way. You know, the grand jury bought this idea, clearly, that this was a crime of passion and they didn`t indict on first-degree murder. And that was sort of a major turning point in this case, as well. When they indicted on second- degree murder, then Eric was able to make bail, get out, and you know, he has been granted visitation with the kids, if he can find them.

LALAMA: Unbelievable. Mike Brooks, I know you`re law enforcement, but if you were representing this guy, what kind of a defense could you possibly put up?

BROOKS: Well, as Jon just pointed out, second-degree murder -- he was -- he was really lucky just to get second-degree murder.

LALAMA: Right.

BROOKS: Yes, it is still murder. But Pat, one of my -- one of the things I would be doing right now, if I were law enforcement, I`d want to try to find this woman. But I guarantee you, she`ll rear her ugly head again, no matter where she is, whether it be California or still in Tennessee or any other state, because she`s showed a pattern over so much time. And you know, she`s going to go ahead and try to lure another young boy into an affair. You know, she was luring kids at the hotel, tell them, Hey, if you come over, I`ll give you liquor. She`s going to rear her ugly head again, and she needs to get those kids taken aware from her.

LALAMA: Jon Leiberman, what`s -- you know, we know that the father, Eric, has visitation. He`s entitled to see his children. She`s on the run. What can be done? I mean, what power is there to say, Get your behind back here with these kids, he`s entitled to see them?

LEIBERMAN: You know, probably the best thing that can happen -- and in a way, I hate to say this -- is that Erin does get in some sort of trouble with the law, so that at least they can see where she`s been, what she`s been up to and check on the welfare of these children, or a neighbor, wherever she is, calls child protective services and says, you know, I`m worried about these kids, can you send somebody out and check on them? That`s going to be the way that, finally, these kids get funneled back and get the visitation rights with Eric and everything like that.

But you know, Pat, this 18-year-old, Sean Powell, you know, I can`t say it enough, this kid was a victim in every sense of the word. And I`ve read on the Internet that people say, Oh, this guy probably thought he was a stud, he was sleeping with a teacher and all that. He was a kid, at the end of the day, and Eric needed to know better, and frankly, Eric needed to know better than to use a shotgun, if that`s, indeed, what he did do, according to police.

LALAMA: Yes. I mean, there`s that whole "crime of passion" issue, but still, we`re talking about acting responsibly, even if your wife is acting like an idiot.

Catherine, what about Amber Alert? I mean, what kind of -- is there anything like that that can be applied in this case?

HOWELL: Well, not really. I mean, she has legal custody of the children. She can take them out of state if she chooses, at this point. She`s not charged with any crime. And the standard is pretty high for trying to get emergency custody. So at this point, that`s not an option.

LALAMA: Catherine, do you know about Eric and what he`s up to?

HOWELL: Well, he is out on bond at this point...

LALAMA: Right.

HOWELL: ... and he`s working as a farmhand in east Tennessee.

LALAMA: Working as a farmhand? Very interesting.

Jon Leiberman, you know, with "America`s Most Wanted" -- I worked for "AMW" for three wonderful years -- and what role can "AMW" play in any kind of a case like this?

LEIBERMAN: You know, the best role that we can play is awareness of the fact that this is going on in our schools, and this is one of those drastic scenarios where it ended, unfortunately, in murder. And so the role that we try to play is awareness. And also, you know, if you do see Erin McLean, you know, and you see that something`s wrong with the children, call child protective services.

LALAMA: Right.

LEIBERMAN: Call law enforcement. Obviously, there`s not a warrant out for her arrest, but there are major questions about how these kids are doing.

LALAMA: Catherine, what`s it doing to your town, your area, your neighborhoods, this story?

HOWELL: Well, you know, this is not the only case in east Tennessee that`s been reported. There have been several cases involving teachers. And so it has caused a lot of, you know, coffee room and water cooler talk. A lot of people have talked about it. A lot of people are more interested in what Erin is doing than possibly even finding justice for Sean, which has been an issue for people here.

LALAMA: Wow. Unbelievable. You know, we -- Mike, let`s just go back to you. I`m so befuddled by this case because I`m so concerned for these kids. There isn`t any -- you know, the cops just can`t call up the cops in wherever they think she may be and say, Go -- you know, Go keep an eye -- it`s just not that simple, is it. There`s all kinds of legal machinations.

BROOKS: No, it`s not. She has legal custody of the kids. And what we can do -- what we can do is show her picture. You know, if she -- if she does this -- this pattern she`s shown over the years is she`s going to try to do it again. And she`s probably going to try to get a teacher`s job somewhere. And you know, if we show her picture and people say, Well, wait a minute, that woman tried to get a teacher`s job here in this school, in whatever state she`s in, that could also lead to where she is, and then have the police or child protective services in that area go out to make sure that these children are well cared for.

LALAMA: All right. You know, let`s look at the case itself. And Jon, you can speak to this perhaps. There`s still going to be a trial that he must face. What kind of evidence do prosecutors have to build their case against him?

LEIBERMAN: Well, you clearly have the 911 call -- both of them...

LALAMA: Tell us about those, by the way.

LEIBERMAN: Well, there`s two 911 calls. The first one is apparently made by Eric. And he pretty calmly says, There`s an intruder in my house, and you can hear some sort of exchange between Eric and Sean Powell, the would-be victim, on that call. Then seven minutes later, as Mike said, there`s a follow-up 911 call from Erin saying somebody shot and killed -- or actually saying Eric shot and killed this Sean Powell. And then police arrive.

So you do have the forensics there. Obviously, they recovered the weapon and the bullets. And then they did get a statement from Eric, as well. And the defense will clearly play up, in that seven minutes, was Eric somehow provoked by Erin?

LALAMA: Right.

LEIBERMAN: What did she say to him? Did she say, you know, This is my boyfriend, and I`m glad he`s here, meaning the 18-year-old? You know, so they`re going to play up what happened in that time to try and play up the "crime of passion" aspect. It`s going to be hard to play down the fact that the shooting and the killing happened and that Eric pulled the trigger. That`s going to be a tough thing to get away from.

LALAMA: Catherine, you know, your town and your area. You know, is it possible there`s just always going to be that one juror who says, Well, you know, I kind of felt sorry for him?

HOWELL: Oh, definitely. In fact, I mean, we have radio talk shows here where people call in all the time. There`s very much an attitude of having respect for your wife and your home, and if someone comes and sits outside and is blatantly throwing that in your face, a lot of people have said, yes, I don`t blame him. Now, will the jury say that? I don`t know.

LALAMA: Well, I`m wondering -- it makes me wonder could there possibly be a change of venue because of that sympathy factor in your area?

HOWELL: Well, certainly, the prosecutors have not asked for that at this point.

LALAMA: Wow. That`s very interesting. And Mike Brooks, what kind of a case -- I mean, you know, what`s the prosecutor going to have to do to convince the jury that, I`m sorry, you know, this -- there`s got to be justice in America, you can`t shoot your wife`s lover?

BROOKS: That`s exactly right. And again, you know, Sean Powell is the victim here. But that second-degree murder that we`ve been talking about earlier, not being charged with first-degree, that`s going to be a big defense case for them to say. But you know, the whole thing is, maybe they haven`t asked for a change in venue because I think their best bet right now could be that plea deal that we talked about earlier.

LALAMA: OK. Well, you know what? We are going to have a rare exclusive interview with Eric McLean, so stick around for that.

(COMMERCIAL BREAK)

(BEGIN AUDIO CLIP)

911 OPERATOR: Metro. What`s the address of your emergency?

ERIN MCLEAN: 2424 Coker. My husband killed someone. Please come try to save him. Please, please!

911 OPERATOR: OK. And who is the person he tried to kill?

ERIN MCLEAN: I think he`s dead. Sean Powell. Come on! Please hurry up!

911 OPERATOR: OK, ma`am. I`ve got an ambulance, a fire truck and police department on the way. Where`s the guy that`s shot now?

ERIN MCLEAN: The guy who`s shot is sitting in his (DELETED) car! Please come save him. Please! God, please!

911 OPERATOR: He`s in the car?

ERIN MCLEAN: Yes. Please hurry up!

(END AUDIO CLIP)

LALAMA: Hello, gentlemen. How are you tonight?

BRUCE POSTON, ERIC MCLEAN`S ATTORNEY: Fine. How are you?

LALAMA: I`m good. And thank you. I know that you have a great relationship with Nancy and that you probably aren`t that familiar with me, but I`ll try to do justice to your story and your cause. And thanks for the time. Eric, obviously want to start with you. Let`s just get an idea of where you are today emotionally in all aspects of your life. What`s been going on with you?

MCLEAN: Things -- things have been really uncertain as far as Powell, at this point, how my kids are being taken care of. As you know, my wife`s gone, and she`s turned up in Texas. And from reports that I`m getting, she`s leaving the kids locked in the car or hotel room all day while she`s at work.

LALAMA: Let`s go through some of that so we can just bring people up to speed. Erin is -- as you said, you believe her to be in Texas. Now, to explain to everyone, you do have visitation rights, is that correct?

MCLEAN: Yes, that`s correct.

LALAMA: And when...

POSTON: Every other week.

LALAMA: All right. Why don`t you explain to us exactly what visitation rights you have.

MCLEAN: Every other week from Friday until Sunday...

POSTON: The visit -- Eric -- Eric isn`t very good. This is Bruce. I`m sorry to interrupt. We`re now in the alternating custody, where one week, Eric has the children, and the other week, she does. And that`s what the agreed order is of the court. It obviously hasn`t been complied with.

LALAMA: All right. My understanding is that she is now in Texas, that is correct?

POSTON: That`s the latest we had heard, yes.

LALAMA: OK. Eric, let me just get back to you, and then Mr. Poston, obviously, I do have some questions for you from the legal standpoint. Are you being denied access to your children, Eric, even though a court has ruled that you do have visitation rights?

MCLEAN: Yes.

LALAMA: How is that happening?

MCLEAN: I haven`t been able to -- she`s just running off with them. And when people find out who she is, then she runs off somewhere else.

LALAMA: So she`s basically...

MCLEAN: She`s lied to everyone...

LALAMA: ... on the run?

MCLEAN: ... about where she was -- yes, on the run.

LALAMA: So on the run with her children? Have you had any contact with her? Have you been able to speak to her and say, Listen, we need to establish some sort of guidelines here that I`m legally entitled to?

MCLEAN: No. I haven`t had any contact with her since March. I haven`t had contact with my son since June 7.

LALAMA: You haven`t spoke to him?

MCLEAN: No.

LALAMA: Not on the phone, not in any -- not by e-mail, not by letter, anything?

MCLEAN: No.

LALAMA: And let me ask you this. Perhaps, Mr. Poston, this is a good question for you. How do you enforce this court order? Is -- I mean, what legally can be -- what steps can be taken legally so that he can see his children that he`s rightfully been told he can see?

POSTON: It`s very frustrating. We have to -- and Eric and his family are limited means. You`d have to hire a lawyer who would take the court order in Tennessee, go down to Texas, ask for a hearing. There`d have to be a hearing. And then try to get Texas to enforce Tennessee`s order. And we suspect about the time that would happen, she could just move to another state.

he`s very mobile. She doesn`t mind living in cockroach hotels and in a tent from time to time with these boys. She`s basically made her sons homeless as she does this traipsing about.

(COMMERCIAL BREAK)

LALAMA: I read I think it was an interview you did a few months ago where you said you still loved her. Do you still love her?

MCLEAN: No, I don`t.

LALAMA: You still loved her for a while, even after all that happened?

MCLEAN: Right.

LALAMA: Why? There`s no easy answer...

(CROSSTALK)

LALAMA: Yes.

MCLEAN: No. Right.

LALAMA: Do you think she...

MCLEAN: It`s hard.

LALAMA: Do you think she loves her children?

MCLEAN: No.

LALAMA: That`s a strong statement.

MCLEAN: She even -- she told me before -- she told me before all this happened that I could have the kids and she didn`t even care.

LALAMA: If that were the case, you`d think that they would be monkeys on her back and that she`d be perfectly happy to let you have them so she could go live her lifestyle.

MCLEAN: I know.

POSTON: I think what`s happening is the kids are being used to manipulate. They`re part of the way she gets by, panhandling, getting handouts, having people give her sympathy. So they`re -- they`re being used by this woman. And I`ll point out to you -- Eric`s too modest -- everybody here knows, every teacher we talk to, every neighbor, Eric was both the mother and the father of these kids. Erin had very little to do with raising them. He was both parents.

LALAMA: Eric, do you concur with that, that you took on both roles for your children?

MCLEAN: I did for a large portion of their lives, especially for the last five years. It`s just -- you know, it`s hard to take. I`ve always tried to do the right thing and tried to protect them. And I just -- you know, I took care of them. I took them to school. I helped them do their homework. I did everything for them. I took them places she didn`t even know where we were because she was so busy with her school.

LALAMA: Do you wonder at night, Eric, are the little guys going, you know, Where`s Dad? How come we can`t see Dad? Do you ever wonder about that?

MCLEAN: Yes. I mean, I know they are. And I know they -- I know that they want to be with me and she`s just keeping them from it. She won`t even let them call. When I -- I gave little Eric the phone number at the house I was staying at, and she took the phone number away. And then I heard from her uncle that she had told him that I was back in jail, which is probably what she told the kids. And they don`t have access to information, like normal kids do.

LALAMA: It just seems to me -- it seems to me, Eric, that with what you face legally -- and obviously, you know, you hope for the best, you know, whatever the best thing is. But there`s a chance, if you`re imprisoned, having a relationship with your children is going to be almost impossible. So this time is really precious right now, is it not?

MCLEAN: Yes.

LALAMA: Do you think about that?

MCLEAN: I think about them all the time.

(COMMERCIAL BREAK)

(BEGIN AUDIO CLIP)

DISPATCHER: Knox County 911.

ERIC MCLEAN, CHARGED IN SHOOTING DEATH OF SEAN POWELL: (INAUDIBLE).

DISPATCHER: Hello, sir?

MCLEAN: Hello, I have an intruder in my house.

DISPATCHER: Where are you?

MCLEAN: 2424 Coker Avenue.

DISPATCHER: You have an intruder in your house? What do you mean by an intruder?

MCLEAN: Trespasser.

DISPATCHER: I mean, you`re having a casual conversation and an intruder means someone has broken in. What does it mean to you?

MCLEAN: Trespasser.

DISPATCHER: OK. Is this someone that you opened the door for or did they break in?

MCLEAN: He tried to walk in.

(END AUDIO CLIP)

LALAMA: Eric, you have some pretty astonishing allegations about her current lifestyle and you claim to have evidence prove what you believe that she`s doing in the presence of her children. Can you expound a little bit about what Erin is up to allegedly?

MCLEAN: Allegedly she has found a boyfriend who is a teenager in Texas and, I don`t know exactly what she is doing with him in front of the kids, but.

LALAMA: Well, let me ask you this, Eric. What concerns you about this particular boyfriend, if you have any concerns at all?

MCLEAN: I have no idea who he is or anything like that. I just know that it`s just not good for the kids to be drug around like this.

LALAMA: Eric, do you believe your children are in danger?

MCLEAN: I do believe they`re in danger. I know from things that I have heard that their well-being, their safety hasn`t even been taken into consideration at all by her.

LALAMA: All right. Are there specific allegations that you have made that you believe the authorities need to be privy too?

: I hate to take it away.

LALAMA: Go ahead.

BRUCE POSTON, ATTY. FOR ERIC MCLEAN: . but Eric is not really aware of some of the charges because we tried to protect -- I mean, he`s in enough emotional bad shape as it is. I was in Austin, Texas, and talked to people and we know for a fact she has left the kids alone in some of the worst motels. I saw them.

LALAMA: But Mr. Poston, wouldn`t.

POSTON: I wouldn`t leave.

LALAMA: I`m sorry for interrupting, but somebody needs to call the police.

POSTON: Well, ironically, the police did stop them. A person who was interested, a viewer of your show the last time we were on found them, reported them, the police stopped them she talked her way out of it because they have got to catch her leaving the kids, they have got to catch her having sex with a young teenager in front of them which is another thing that we were told by someone who apparently walked into the motel room while she was engaged with this teenager and her two sons were sitting in the same room.

She`s living with this teenager. She`s living with this teenager and the two boys are in the motel with them.

LALAMA: I realize it`s logistically very difficult for you or Eric to do anything about something that`s going on there. It`s really a lot of paperwork and a lot of bureaucracy, it`s painful on top of it, but it just seems as if these things are true, children`s services needs on the notified.

POSTON: Well, they haven`t been in school either since they left Nashville, I think we`re going on two months.

LALAMA: Yet another reason why children`s services should be notified, correct?

POSTON: And they were, and there is a particular agent of Child Protective Services in Texas that one day I`m going to have some very harsh words about because this particular agent did nothing and did the cursory half-hour talk to her and let them go. Unfortunately, they don`t seem to agree like you and I do the kids should be in school, the kids should be with dad, the kids should have clothes, the kids shouldn`t be watching sex with another teenager, and they shouldn`t be left in motel rooms all day while the mother is gone.

LALAMA: What`s next for you? What is next?

MCLEAN: What`s next? We`re just trying to locate them long enough to get something done, get some authorities or someone to pick the kids up and get them out of that situation. I requested -- I spoke with a CPS agent in Austin, she called me and I requested for a home check to be done, a well check.

And she didn`t even know where they were. And somehow she met with them, but she wouldn`t exactly explain how she did. She said that the kids had been, from what she understood, locked in the hotel room all day while she was at work, but she said that was OK.

LALAMA: Eric, I have to ask you, you know -- I can`t imagine how emotionally trying all of this has been. You have admitted that you shot and killed the young man who was having an affair with your wife. You are facing trial, I understand. You are now concerned about your children, how are you handling all of these things?

MCLEAN: I don`t know, I just wish I could do something, but I`m not allowed to go down there and try to find them.

LALAMA: No, that would put you in a fair amount of trouble. You couldn`t do that for sure. But how are you dealing with it on a day-to-day basis?

MCLEAN: The best I can. I have people who are trying to protect me. So I mean, like Bruce said, they`re not even telling me things that they know, so, I mean, that`s...

LALAMA: What are you doing every day -- what are you doing with your life every day?

MCLEAN: Just trying to get by, working. I`m working and just trying to get by. Until something good happens for once.

LALAMA: The courts clearly felt that you were capable enough of a father to have visitation rights. Are they supervised? Do you have to have a third party there?

POSTON: They`re with your parents.

MCLEAN: Yes, right now with my parents. My parents will be supervising. But it`s supposed to be joint custody.

POSTON: Yes.

MCLEAN: So that is something that.

LALAMA: So it isn`t just visitation -- oh that`s interesting. It isn`t just visitation.

MCLEAN: It`s not just visitation.

LALAMA: You actually have joint custody of your children? And what about child support arrangements, how does that play in?

MCLEAN: That hasn`t even been worked out yet because no one can even get a hold of her.

LALAMA: She`s just basically on the run and any time any one gets close, she moves to another place?

MCLEAN: Right.

LALAMA: What is she doing to take care of those children financially?

MCLEAN: Getting temporary jobs, you know, where she`s paid on a daily basis.

LALAMA: Are you worried? Are you worried, Eric?

MCLEAN: Yes, I`m very worried. I just don`t know -- you know, I hope that one day she wakes up and realizes what she`s doing to these kids. But I don`t think she`s going to. I just hope that somebody somewhere who sees them will call Bruce Poston and let him know so something can be arranged.

LALAMA: What about your -- the upcoming trial, when is that scheduled? How are you preparing?

Bruce, do you want to take that one?

POSTON: Sure. It`s scheduled for January 14th. And, you know, we`re going through evidence and actually, to be honest with you, that`s on the back burner right now. I`m comfortable about the trial, but we have thought of nothing except getting the kids back.

LALAMA: Eric, is that what`s weighing on your mind more so than the consequences of going through the court system for what happened?

MCLEAN: Yes.

LALAMA: Are you more concerned about your children right now?

MCLEAN: Yes. I`m -- my number one concern right now is getting the kids away from her, and getting them out of that situation. Right now there`s no reason for them to be homeless. They have lots of family here, people who love them and have the resources to take care of them. And there`s no reason for them to have to go through this. They don`t have to go through this. There`s no reason.

LALAMA: I`m sorry, can you get any relief in the same court that gave you joint custody? Is there -- Bruce, is there anything those courts can do to make this happen for Eric?

POSTON: They can do it if she were in Tennessee and we can enforce that, but she has learned to go out of state and then it takes time to enforce it, get another state to agree to enforce it and by the time you do that -- and it costs a lot of money, Eric has none.

LALAMA: So it isn`t just a matter of picking up the phone in Texas and calling Child Protective Services and saying, this is the situation and whether we get visitation or child -- or joint custody or not, you need to know that these kids may be in jeopardy? It`s not that simple, huh? I live in a dream world?

POSTON: It`s not -- we tried that, and that agent didn`t do anything about it and as a result, Erin walked free with those boys.

LALAMA: Eric, how frustrating is it for you to know that the courts deemed you absolutely capable of taking care of your children, at least part-time, and you can`t get to them, especially in the wake of the tragedy that already occurred and the kind of lifestyle that you profess she`s living now?

MCLEAN: It`s extremely frustrating. In a way, I think she`s doing this just to get back at me or -- I don`t know. I know it`s just her own selfishness that`s causing her to do these things. But it`s just extremely frustrating. You think that you`re getting somewhere and you hear about where she is, you have people who -- some people who have worked things out so you can try to get custody that has been granted by the courts and then she just turns around and takes off again.

LALAMA: Do you have emotional help? Are you seeing a therapist? Do you have good family support? What are you doing to stay relatively sane?

MCLEAN: I have really good family support and really good friends. And I just keep hoping that something good is going to happen for those kids.

POSTON: You just heard him say the kids again. I don`t think Eric is worried about the trial. He doesn`t even think about the trial.

LALAMA: It sounds like it.

POSTON: All he is focused on is the kids. It`s true. And.

LALAMA: Well, if that`s the case, what can we do? What can we, media, what can we, the public, how can we help? And I would like you to answer and I would also like Eric to answer that as well.

POSTON: OK. Keep it in front of the public. I`ll tell you a statistic, we were on "Good Morning America" with this, and nothing happened. We were on the NANCY GRACE show and the next day we had seven phone calls from people telling us they were in Austin, Texas. We didn`t know that.

It was your listeners who called the office and talked to my secretary, that`s how we first got a lead on her. She`s going to start moving again because I was down there and she knows it. So we need to have people keep their eyes out for her. And that way, sooner or later, we`ll be able to do something.

LALAMA: Eric, how about you? What kind of a plea would you make and to whom?

MCLEAN: I just hope that if anyone does see them out, that they would call Bruce Poston and let him know so something can be arranged for us to legally get the kids, pick them up and get them out of that situation. That`s my only advice.

LALAMA: Eric, the anguish is written on your face. It is so clear the pain that you are in. I ache for you even asking these questions and I can`t imagine how painful it is and I wish you the best of luck and that you do have finally a relationship with your sons.

The courts say you deserve it and whatever we can do to help, we will. Thank you so, so much for your time. I appreciate it. And you too, Mr. Poston.

POSTON: Thank you for having us, we appreciate it.

(END AUDIO CLIP)

DISPATCH: 911.

ERIN MCLEAN: My husband just killed someone.

DISPATCH: What`s the address, ma`am?

ERIN MCLEAN: 2424 Coker.

DISPATCH: Is he there with you right now?

ERIN MCLEAN: No, but the body is here.

DISPATCH: How did he do it?

ERIN MCLEAN: He shot him with a shotgun. Please come! Hurry! Hurry!

DISPATCH: Stay on the line, please. Don`t hang up.

ERIN MCLEAN: Oh, my God. Oh, my God!

(END AUDIO CLIP)

(COMMERCIAL BREAK)

(NEWSBREAK)

LALAMA: Nancy speaks with Eric McLean in his first live, primetime interview.

(BEGIN VIDEOTAPE)

NANCY GRACE, HOST: What was your response to your wife making off with the two children? You have actually just been granted certain visitation rights with the two little boys, but you can`t see them.

MCLEAN: That`s right. I was supposed to have visitation with them this past weekend, and I didn`t hear anything from her or anyone else about exactly what`s going to happen if she doesn`t show up. But.

GRACE: How did you set up visitation with her if you don`t know where she is?

MCLEAN: No, the court awarded visitation.

GRACE: Oh, I see, OK.

MCLEAN: . and they put it for October 5th.

GRACE: Do you think she`s even still within the jurisdiction?

MCLEAN: No, she`s out of state. We think she`s in California.

GRACE: Ah, are you buying into the story that she`s trying to hook up with some guy she met online out in California?

MCLEAN: Yes, as far as I know, that`s where she is.

POSTON: She has apparently told relatives that that is where she is.

GRACE: Joining us also is Bruce Poston. This is Eric McLean`s defense attorney.

Mr. McLean, what do you make of the stories that she goes to another school using her maiden name with an inaccurate, let me put it gently, resume, and then starts up with a new high school boy?

MCLEAN: I was shocked. And I think that -- I`m surprised that she was able to get away with that, especially in Tennessee where this has been so widely publicized. But it is turning into a pattern.

GRACE: Mr. McLean, now, no offense, but what is the court supposed to do? They`ve got her hitting on teenage boys at school, and they`ve got you, who allegedly gunned down one of those teenage boys at point-blank range. So who is supposed to get custody? Do you really think the court was wrong in giving her custody?

POSTON: The court didn`t give her custody.

MCLEAN: No, right now we both still have custody technically, but she has physical custody right now.

GRACE: Do you still love her?

Mr. McLean, do you still love her?

MCLEAN: I love who I thought she was.

GRACE: I already know that you are not going to comment on the day of the shooting. What are your feelings about that day now? I mean, you`ve got a dead boy and a cheating wife.

MCLEAN: I don`t know what to say. I know. I don`t know what to say, and I think about it all the time, but I -- it`s going to haunt me forever. What happened that night is going to haunt me forever.

But right now, I think that someone needs to do something to get the kids away from her, because they`re not safe around her. And the kids love me; I love the kids; I`ve been their father and mother. And they don`t need to be with her. It`s not safe.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

LALAMA: Tonight, a look back at the stories and people making the rest of the headlines this week.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: What is hilarious about your wife missing? This isn`t how I planned to spend my retirement. Mr. Peterson, go somewhere and sit down.

UNIDENTIFIED MALE: The last time he was on the NBC "Today" show, Drew Peterson answered every question Matt Lauer asked. This time the former Chicago area cop let his lawyer do most of the talking. This morning Drew Peterson once again denied any involvement in his wife`s disappearance. He also hinted that his wife had run off with another man and that she should now come back home.

On Saturday, the family of Peterson`s fourth wife, Stacy, held a vigil outside the couple`s home.

UNIDENTIFIED FEMALE: (INAUDIBLE) Stacy, and I`m not giving up until I bring you home.

UNIDENTIFIED FEMALE: Police say the death of a 3-year-old girl in El Paso, Texas, is being investigated as the city`s latest murder. The toddler, found dead in the parking lot of her apartment complex, inside the trunk of her mom`s Dodge Stratus. A 5-year-old girl also at the home now in the care of Child Protective Services.

UNIDENTIFIED FEMALE: Breaking news right now in the Natalee Holloway case. You`re going to remember here that she`s the Alabama teen that vanished two years ago while in Aruba. Well, we have just learned that Dutch police have rearrested Joran van der Sloot on suspicion of involvement in killing her. Two other former suspects, brothers Satish and Deepak Kalpoe, have also been re-arrested in Aruba.

UNIDENTIFIED FEMALE: I see it on TV every year and I have lived up here all of my life, I have never come. But it`s really something to see it in person. They`re just huge and it`s really just a great sight and I can`t believe how lucky we were with this weather. It`s just -- I don`t even know where it came from, it`s awesome.

(END VIDEOTAPE)

LALAMA: Tonight, let`s stop to remember Army Private Christopher McCloud, just 24, Malakoff, Texas, killed in Iraq on a first tour of duty. He wanted to serve his country, a family man, he loved spending time with his wife and kids and barbecues with his cousins. He leaves behind his dad Michael (ph), two kids, 3-year-old Aidan (ph), and 2-year-old Landon (ph) and grieving widow Sheena (ph). Christopher McCloud, an American hero.

Thank you to all of our guests and to you at home for being with us. I`m Pat Lalama in for the fabulous Nancy Grace.

Hey, Nancy, how are you doing? And remember -- how are the babies? And remember, visit Nancy`s baby blog for exclusive photos, videos, and a brand new message from Nancy on her newborn twins, that`s cnn.com/nancygrace.

I`ll see you tomorrow night, 8:00 p.m. sharp Eastern. And until then, have a wonderful evening. Good night.

END