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Nancy Grace

Newborn Baby Discovered in Hospital Restroom Trash Can

Aired February 12, 2008 - 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, the night shift cleaning crew at a Houston hospital makes a shocking discovery, a baby boy just hours old found thrown away, left to die in the garbage! Tonight, the baby boy fights for his life while Mom is making excuses
(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Twenty-nine-year-old Genny Granados shows up at Memorial Hermann Southwest Hospital complaining of stomach pains from ulcers. But in fact, the young mom is pregnant, about to give birth to a baby boy. That`s when police say Granados went into the ER bathroom with scissors, scissors she used to cut the infant`s umbilical cord after giving birth. Weighing less than five pounds and born six weeks early, the baby dumped in the garbage, not breathing, covered with paper towels, the disturbing scene uncovered by cleaning staff making hospital rounds. Tonight, the baby`s life hanging in the balance at a nearby children`s hospital.

(END VIDEO CLIP)

GRACE: And tonight, a young Ohio mom nine months pregnant with her second child vanishes from her own home, her 2-year-old son found in dirty diapers, home alone, possibly for days. The toddler tells police, Mommy was crying, Mommy broke the table, Mommy`s in the rug. The baby`s biological father and murder suspect Bobby Cutts cries in front of a jury, claiming it was all a big accident. Then why, Mr. Cutts, was 26-year-old Jessie`s body found dumped, dumped in an obscure, heavily wooded area? Was that an accident, too? I don`t think so. Tonight, the jury is literally out in the death of Jessie Davis and her unborn baby girl, Chloe.

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UNIDENTIFIED MALE: In her first frantic call alerting police that her daughter had vanished, Patty Porter makes it clear her grandson, Blake, was home alone.

911 OPERATOR: And how old is the child that was left alone?

PATTY PORTER, GRANDMOTHER: She didn`t leave him alone! My God, something`s wrong!

UNIDENTIFIED MALE: That makes this 2-year-old boy the only known witness in the disappearance of his 26-year-old mother, Jessie Davis, who was just a few weeks from delivering her second child. Blake did see something. He`s been talking about it ever since.

UNIDENTIFIED FEMALE: Mommy`s in the rug, he keeps saying.

UNIDENTIFIED MALE: (INAUDIBLE)

UNIDENTIFIED MALE: Does he have a cold?

UNIDENTIFIED MALE: No.

UNIDENTIFIED MALE: Because I don`t see any tears.

(END VIDEO CLIP)

GRACE: And also tonight, the desperate search for an NYU honors grad who vanished from an upscale ski resort, Breckinridge (ph), Colorado. Twenty-three-year-old Mark Barbiere walks out into a raging snowstorm, never seen again. Search and rescue teams battling blizzard conditions, winds at 70 MPH, heavy snow pounding down on the Colorado ski town. Tonight, where is Mark Barbiere?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Friends and family want to know how an NYU honors grad can walk out of a bar and disappear. Wall Street trader Mike Barbiere was vacationing at a luxury Colorado ski resort. After a day on the slopes, Mike and his friends hit up local bars. Mike leaves the bar around 1:00 AM and hasn`t been heard from since. Rescuers desperately try to find Mike in zero-degree temperatures and deep snow.

(END VIDEO CLIP)

GRACE: Good evening. I`m Nancy Grace. I want to thank you for being with us tonight. To Houston`s MHS Hospital. A brand-new baby boy under 24-hour watch after being thrown away and left to die in the garbage. The miracle? He`s clinging to life. But now, the investigation.

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UNIDENTIFIED FEMALE: Granados came to the emergency room at Memorial Hermann Southwest Saturday night. According to investigators, she went into the bathroom, delivered the baby, wrapped him in paper towels and threw him in the trash. Two-day-old baby boy Granados remains on life support at the Children`s Memorial Hermann Hospital.

UNIDENTIFIED MALE: Ma`am, you`re here because you were arrested on a warrant out of the 174th district court where you`re charged with injury to a child causing serious bodily injury. Probable cause has already been found in your case. Your bail is set at $35,000.

(END VIDEO CLIP)

GRACE: The night crew made a gruesome discovery, a disturbing discovery, a brand-new baby boy fighting for his life, thrown away in the garbage. Now the investigation.

Let`s go straight out to Michelle Sigona with "America`s Most Wanted." Michelle, what happened?

MICHELLE SIGONA, "AMERICA`S MOST WANTED": Well, basically, what we`ve learned from investigators is that she walks into a hospital -- she`s eight-and-a-half months pregnant -- goes into the bathroom, actually delivers this child, Nancy, cuts...

GRACE: Buh-buh-buh-buh-buh!~ Cuts. Cuts.

SIGONA: The umbilical cord.

GRACE: Cuts with scissors.

SIGONA: With scissors.

GRACE: She walks into the bathroom with scissors?

SIGONA: Yes, with...

GRACE: But she says she didn`t know she was pregnant. Do you carry scissors into the bathroom, Michelle Sigona?

SIGONA: I don`t even carry scissors at my desk, Nancy.

GRACE: But she walks into the bathroom...

SIGONA: Right. She walks...

GRACE: ... with scissors.

SIGONA: ... into the bathroom.

GRACE: OK. Continue, please.

SIGONA: Well, this is what, you know, investigators and hospital staff are telling us. So evidently, she gives birth to this child and dumps the child in the trash can. Now, here`s the odd thing, Nancy. She has two other children, one 10, one 2 years old. So one would think that she would know the signs of pregnancy if she`s eight-and-a-half months pregnant, but she claims that she was just having cramps.

GRACE: Please tell me she`s in jail tonight, Michelle.

SIGONA: Yes, she is. And her bond has been set at $35,000. I mean, there`s just a baby, an infant, clinging onto life at this point. And you know, the worst part about all of this is that there is a great law in Texas, which you can drop a child that`s 60 days or younger off at a hospital, a fire station, an EMS station, and to be able to protect this child and to say, You know what? I`m not able to care for it. Instead, she`s at one of those safe havens.

GRACE: You know, to Eleanor Dixon out of the Atlanta jurisdiction, $35,000 bond -- you know, that means she`s got to put up $3,500 to get out of jail. You know, O.J. Simpson, in his crazy armed robbery, had a bail higher than that. This woman nearly kills a baby, and may have killed the baby. The baby may die. The baby is on life support, clinging to life right now at this moment, and she`s going to walk out of jail for $3,500, Eleanor?

ELEANOR DIXON, PROSECUTOR: It`s really amazing, Nancy, especially when you put together the fact that she has two other children. I understand they`ve been taken away from her right now. But just think, she also gets out and perhaps can have supervised visitation with those children, as well. It`s amazing what happens sometimes with these bond issues.

GRACE: You know, Eleanor, before we jump ahead to supervision with, I believe it`s a 2-year-old and 10-year-old, I want to focus on the baby boy right now, at this moment, who is on life support, under 24-watch in a neonatal unit in Houston.

To Michael Board, reporter with WOAI Newsradio. Michael, what can you tell me about the baby boy?

MICHAEL BOARD, WOAI NEWSRADIO: Well, the baby boy is in very critical condition. We`re told the child is hooked up to all sorts of machines that are actually keeping this child alive. We do know that there was no signs of abuse for the child. What that leads us to believe is that it`s not like the mother had the baby and then smacked it around a bit or tossed it or tried to suffocate it. They said there`s no signs of abuse.

GRACE: Other than leaving it to die in the trash?

BOARD: Well, of course, there`s leaving it to die in the trash.

GRACE: I mean, how am I supposed to interpret that, Michael Board, no other signs of abuse? I mean, she was only with the baby a few moments before she cut the umbilical cord and threw it in the trash and then covered the baby up with paper towels so it wouldn`t be seen, right?

BOARD: Well, the way I interpreted it as meaning that she didn`t have the baby and then intentionally kill it. She didn`t suffocate it. She didn`t strangle it or toss it around, like some of these cases. You`ve heard of these cases where a child gets born and then gets tossed around a crib and dies. We know that the child came out, and what we`re told by the hospital is it was not breathing when it was born. They are no signs that the mother intentionally killed this baby.

GRACE: You know, I think it`s all a matter of interpretation. Let`s unleash the lawyers -- Eleanor Dixon out of Atlanta, Hugo Rodriguez out of Miami, Jason Oshins, New York attorney.

Hugo Rodriguez, if she didn`t mean for the baby to die, then why did she leave it and take the pains to cover it up and hide it in the trash? I mean, that was to kill the baby.

HUGO RODRIGUEZ, DEFENSE ATTORNEY: I don`t think so. Obviously, she`s very troubled. She`s disturbed. And as previous, the baby was not breathing upon death. So we need to find that out.

GRACE: Upon birth.

RODRIGUEZ: The irony -- upon birth -- excuse me. I apologize. The iron is, if she would have been on a bus bench, cut the umbilical cord and walked it into a hospital, we wouldn`t be having this discussion. She`s disturbed. She`s troubled. We need to look at that.

GRACE: Yes. Well, you know, you just summed up the prosecution argument right there.

To Jason Oshins. That is all she had to do. This is a safe haven state. All she had to do was drop the baby off and leave it, no strings attached, up to 60 days to drop it off. Therein lies the crux of the problem. By hiding it in the trash and covering it up with paper towels, she meant to abandon the baby and leave it to die. That was her intention. I mean, Jason, you have children. You know how weak and unable to fend for themselves, sometimes not even breathe on their on, they are when they are premature.

JASON OSHINS, DEFENSE ATTORNEY: No, Nancy, you`re totally right. It strikes a certain chord. But you know what else strikes me is the fact that she`s alleging as part of her defense that she had no idea that she was pregnant. That`s to me is shocking enough...

GRACE: Another big, fat lie.

OSHINS: Well, that`s shocking enough with two children. So you know what? You know what really hits me, Nancy, is that there`s some mental illness in here. That`s what strikes me, not so much any premeditation involved. And of course, I`d like to know, did she bring the scissors with her...

GRACE: Would you do me a favor?

OSHINS: ... Or did she grab them somewhere...

GRACE: The next time...

OSHINS: ... and take them with her?

GRACE: Do me a favor the next time you have a legal theory.

OSHINS: Yes?

GRACE: Surprise me, all right! Because whenever a defendant is caught red-handed, they`ve got nowhere to go, suddenly they`re insane. That`s all that`s left.

Eleanor, we`ve seen it a million times. The mom had to walk out in the hall -- she`s at the hospital -- and leave the baby. What does she do? Walk into the bathroom, the ladies` room at the hospital, deliver the baby, cut the umbilical cord with scissors she brought in with her, disposed the baby in the trash, leave it to die, and then cover it up. That is premeditation, Eleanor.

DIXON: Exactly. And as we -- even the first thing -- she actually went to the hospital, had the baby at that facility. But what`s also interesting is, didn`t she test positive for drugs, too?

GRACE: Barbiturates!

DIXON: Perhaps -- yes, maybe that`s why she didn`t want to let anyone know she had just given birth to this baby.

GRACE: And of course, as every legal eagle knows, voluntary consumption of drugs or alcohol is not a defense.

Out to the lines. Sheeba in Illinois. Hi, Sheeba.

UNIDENTIFIED FEMALE: Hi, sweetie. My question is, could the hospital have any liability because they were not supervising their patients in the ER?

GRACE: Doubtful, but let`s think about that for a moment. What about it, Hugo?

RODRIGUEZ: She went to the...

GRACE: Hugo?

RODRIGUEZ: I don`t think so. She went to the ER before, and then she was there after she was bleeding, and I doubt that there would be any liability. They had no notice of this.

GRACE: Jason?

OSHINS: ... any vicarious liability to the hospital. I really don`t.

GRACE: I don`t, either. Not at all. They`d have to follow her into the ladies` room to be able to supervise her. And at that juncture, she was not even admitted into the hospital.

To Joni in Texas. Hi, Joni.

UNIDENTIFIED FEMALE: Hi, Nancy. I love the show and I love you. And congratulations on your two beautiful babies.

GRACE: You know what, Joni? I really appreciate that. It hurt me to leave to come to work today. I hated leaving them behind. And this lady`s baby was less premature than my children were when they were born. And Little Lucy, as you know, weighed a little over two pounds. And John David was right at five pounds. And if they had been thrown in the trash, they would have never lived. So there`s no way this lady thought that this baby wouldn`t die, Joni. There`s no absolutely no way.

What was your question, dear?

UNIDENTIFIED FEMALE: I`m a mother myself of two beautiful babies. And I could not think of this. But if this baby survives, what kind of pill (ph) problems will this child have growing up?

GRACE: Let`s go out to Dr. David M. Posey, medical examiner and forensic pathologist. Doctor, if they get the right neonatal treatment, they can lead perfectly normal lives. I mean, a lot of people on the panel tonight were born premature, all right? So it`s not as if just because you`re extremely premature, you cannot advance and grow like everybody else. It just -- you`re a little bit behind. But what could happen, Dr. Posey?

DR. DAVID M. POSEY, MEDICAL EXAMINER, FORENSIC PATHOLOGIST: You know, Nancy, what I`m real concerned about here in this case is the fact the mother describes the baby not breathing. Now, that could be due to a number of factors, one of which, she had barbiturates on board, as you all know. That`s a downer. It can depress the central nervous system and it`ll depress the baby`s central nervous system. That`s probably why baby wasn`t breathing at the time.

And we don`t know the exact amount of time, how long baby was in the trash, how long baby wasn`t breathing. We do know they were able to resuscitate and bring baby back. My real concern here is that there`s going to be some significant brain damage down the road as baby starts to develop. There may be some lung damage, but I think that can be overcome in the hospital as he grows and develops. But the brain damage I think may be significant and could very well be severe.

GRACE: Well, Doctor, in times long past, the baby would come out, and apparently -- I don`t even know if this is done anymore -- they whop it on the behind to get it to start crying and breathe in. I hope to God that when my two children were born -- I couldn`t exactly see what was going on down there -- that they did not get a smack on the rear, OK, or somebody`s in big, big But don`t you -- I mean, they don`t automatically start breathing always, do they? Don`t you have to stimulate them in some way to get them to take that first breath?

POSEY: You`re exactly right. That does happen from time to time. But as I said a moment ago, my concern here is we`ve got barbiturates involved. And I think there`s a play (ph) with the barbiturates, as well as the normal physiologic starting to breathe mechanism once the baby is outside of Mom. So I think we`ve got to keep that in mind. But you`re right about the baby. They -- - sometimes it takes a little bit to get the motor started and get them going, right.

GRACE: Before we go out to the lines, I want to go to Pat Brown, criminal profiler author and author of "Killing for Sport." Pat, I`m just trying to get my mind around who could take the most defenseless, the weakest member of our society, an infant, a newborn baby, and try to kill it.

PAT BROWN, CRIMINAL PROFILER: Well, Nancy, I would say someone who is a psychopath, who cares nothing about anybody else but themselves. And this woman fits the description very well. She probably is very impulsive, only thinks in the short term. So when she had pain, she thought, Oh, I`ll go to the hospital and get some medicine. She gets there and she feels more pain. She goes to the bathroom, and -- oh! -- by accident, the baby is born.

And I don`t think she brought the scissors along to cut the cord. A lot of women carry them for weapons on the street or just because I like to carry scissors with them. And she said, Here, I cut the cord. Oh, look, I`ll just get rid of the baby now and go on my away. I think she simply didn`t consider the baby important or worthwhile. She just wanted to get out of the situation, and now she had the opportunity.

GRACE: Do you not treat the baby as a person? You objectify it?

BROWN: Absolutely. Obviously, she left the other two children home alone. They didn`t seem to have any parent. She wasn`t worried about them, either. They were just beings at home or pieces of something at home, and she had to take care of her own needs. And I do agree with you. I think this is attempted murder. And I think our society tends to feel sorry for women and just say, Emotionally disturbed, instead of, you know, This woman made her choice, and it was a pretty brutal one and...

GRACE: Brutal...

(CROSSTALK)

GRACE: Brutal, a brutal decision.

BROWN: Absolutely.

GRACE: The night shift cleaning crew makes a very disturbing discovery. They find an infant baby boy, a newborn, thrown away in the garbage, left to die. Tonight, he`s clinging to his life.

We`ll be right back.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Cleaning staff at a Houston hospital get quite a shocking surprise when they find an infant boy in a bathroom trash can. Genny Granados denies being pregnant or giving birth, but eventually, she cracks, Granados testing positive for barbiturates. And what`s even more stunning, police find out the young mom has two other sons, a 10-year-old and 2-year-old, and they`re home all alone.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: She says that she was not aware that she was pregnant and that she just thought she was having cramps, maybe from an ulcer. She tells us she cut the umbilical cord and placed the baby in a trash can when she knew that the baby was not breathing. She later goes back into the emergency room because she still continues to suffer from some pain. Before complaining (ph) about a lot of blood that they see in a bathroom, a cleaning crew walks in there and discovers this baby in the trash can.

(END VIDEO CLIP)

GRACE: Tonight that baby boy is fighting for his life. He is on life support. Why? To Michael Morrisey with Baby Safe Haven. Michael, thank you for being with us again. Michael, I just don`t understand it. She`s right there at the hospital, and it`s a safe haven state.

MICHAEL MORRISEY, BABY SAFE HAVEN EXPERT: Nancy, she walks in the hospital. All she had to say was, I want to deliver the baby. This is a safe haven. She wouldn`t have had any questions asked of her. And as soon as she recovered, she could walk away with none of the problems that we`re having. And by the way, Texas was the first state to have a safe baby haven law. The last state that`s being signed by Governor Heineman tomorrow in Nebraska will have all the country covered by noon tomorrow.

GRACE: To psychotherapist Dr. Leslie Austin. Leslie, I really believe it needs to be posted in emergency rooms so people understand the baby safe haven laws.

LESLIE AUSTIN, PSYCHOTHERAPIST: Absolutely. It`s very important that young mothers understand that if you don`t want to care for your child, do not harm the baby. Deliver it and give it over to good care. Do not hurt that child. And by the way, I do not think drugs or alcohol voluntarily taken should ever be an excuse for harming someone. Ever.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Ma`am, you`re here because you were arrested on a warrant out of the 174th district court where you`re charged with injury to a child causing serious bodily injury.

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(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: And we need to talk to her. Now, you know, she tells us she didn`t know that she was pregnant. She just thought she had cramps. But she also tested positive for barbiturates, so we also need to talk to her about that.

(END VIDEO CLIP)

GRACE: There`s no two ways about it. This is attempted murder.

Out to the lines. Nicole in California. Hi, Nicole.

UNIDENTIFIED FEMALE: Hi, Nancy. How`re you doing?

GRACE: I`m doing well. Thank you for asking, dear. What`s your question?

UNIDENTIFIED FEMALE: Oh, my goodness, Nancy, I feel like my head`s going to pop off. Number one, how is it that in the big old state of Texas she has a bail of $35,000, when I can bounce a check and have a higher bail than that, number one? And number two, is she handcuffed in that footage, or does she have the audacity to be standing up there with her hands on her hips? Because that really infuriates me. I don`t want any violins playing about she`s disturbed, she`s got problems. I really don`t want to know about her problems.

GRACE: You know what? She`s right. Did she have her hands up on her hips like she was irritated, Michael Board, in court?

BOARD: You know, she was handcuffed in court. It`s funny from the photos you look at. It`s kind of hard to tell her hands are down at her sides and her shoulders are forward. Yes, she`s handcuffed.

GRACE: I disagree with you because I don`t think -- oh, no! Well -- I`m not sure about that because that`s awful wide for handcuffs. And that`s an awfully low bail.

To Robert in Wisconsin. Hi, Robert.

UNIDENTIFIED MALE: Hello, Nancy. How are you?

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

UNIDENTIFIED MALE: If this child does pass away, what would her sentence be? Would she be eligible for the death penalty for such disregard of (INAUDIBLE)

GRACE: Michelle Sigona, what would she be looking at if the baby dies?

SIGONA: Oh, my goodness. At this particular point, Nancy, it`s hard to tell because I think everyone...

GRACE: Isn`t it a death penalty state?

SIGONA: Yes...

GRACE: Yes. Of course. It`s Texas.

SIGONA: Of course it is. Absolutely. But see, the thing is, is that so far, everyone is banking on the fact this child is going to live.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Twenty-nine-year-old Genny Granados shows up at Memorial Hermann Southwest Hospital complaining of stomach pains from ulcers. But in fact, the young mom is pregnant about to give birth to a baby boy. That`s when police say Granados went into the ER bathroom with scissors, scissors she used to cut the infant`s umbilical cord after giving birth. Weighing less than five pounds and born six weeks early, the baby dumped in the garbage, not breathing, covered with paper towels. The disturbing scene uncovered by cleaning staff making hospital rounds.

Tonight, the baby`s life hanging in the balance at a nearby children`s hospital.

(END VIDEO CLIP)

GRACE: Didn`t know she was pregnant? I`ve got news for you. You can`t help but know you`re pregnant.

Out to the lines. Valerie in Georgia. Hi, Valerie.

VALERIE, FROM GEORGIA: Hi, Nancy. My question is this, it obviously takes more than a minute or two to give birth. And - so my question is, in all this process did nobody go in this bathroom? No staff member? No patient? Nobody?

GRACE: What do we know, Michelle Sigona?

MICHELLE SIGONA, CORRESPONDENT, AMERICA`S MOST WANTED: At this particular moment we do not know if anyone was in there at the time. But what we do know is that when we walked out the (INAUDIBLE) blood is really what got people`s attention, Nancy. And that`s really what alerted, you know, the nurses over to her attention.

And then the custodian was actually called into the bathroom because of the blood that was located in there. And that`s when another nurse was called in to that bathroom to be able to assist this child and to try to bring this child back to life.

GRACE: This baby being born six weeks premature, less than five pounds, hooked up to life support tonight. Thanks, mommy. Mommy`s got $35,000 bail set which means she can walk out with $3500.

To other children in protective custody tonight they were left at home while mommy was leaving the third baby to die. There she is in court today. That`s Genny Granados, 29 years old. And how can I believe anything she says?

Pat Brown, I`m not buying your theory. I don`t know a single woman that walks around with a pair of scissors in their pocketbooks.

PAT BROWN, CRIMINAL PROFILER, AUTHOR OF "KILLING FOR SPORT": Actually, I do because I used to work in a hospital for 10 years and a lot of the women in there did leave scissors in their purses especially those who live in the inner city, that was one of their quick weapons.

GRACE: OK. All right. But she`s already told police she didn`t know she was pregnant. So how can I believe anything else she says?

BROWN: Well, she`s going to lie about a lot of things. But, just from experience, yes, women do carry them. And I don`t believe she would have gone to the hospital purposely to have this baby and cut the cord so she didn`t say, hey, I`m going to the hospital to have a baby in the bathroom.

I think she just thought, when she got in there and she`s having a baby, hey, I can just dump this baby and walk out of here. And I`m not going to give it to the nurses. They might save him and look where they`ve been. So no, I think it was just an impulsive thing. She decided to do away with the child.

GRACE: Leslie Austin, Dr. Austin, I don`t understand the psychology behind putting your convenience before a life, a human life. I mean, look, there`s -- abortion is legal. She could have had an abortion if she didn`t want to have a baby. But why give birth to a baby to, in my mind, murder it?

LESLIE AUSTIN, PSYCHOTHERAPIST: Yes, but, Nancy, all the questions you`re asking are because you have a normal sane mind as I do, as everyone else does, and you`re rational. If you have someone who may be involved in drugs who clearly is not living a stable life, who`s neglecting her kids, she is going to put herself first anyway. And it is sociopathic.

GRACE: I want give a special thank you to Michael Morris with Baby Safe Haven. All this woman had to do was hand the baby over. In Texas you have 60 days to make that decision. No strings attached. Just give the baby away. Give it to somebody that wants it. But now also in Texas the murder of someone under 6 years old is an aggravating circumstance that called for the death penalty. We`ll let you know how the baby is doing.

Right now I want to tell you about a trial that`s going on right now. Remember the name Bobby Cutts? Mom found gone from her own home? The baby boy saying mom my in the table. Mommy is in the rug? Well, Mr. Cutts is on trial for the murder of his girlfriend, the 26-year-old Jessie Davis, nine months pregnant at the time of her death. Her body found in an obscure and heavily wooded area. Take a listen to this.

(BEGIN VIDEO CLIP)

BOBBY CUTTS JR., DEFENDANT: I pulled my arm and I threw my elbow back. (INAUDIBLE)

UNIDENTIFIED MALE: And where did the elbow land?

CUTTS: The throat area.

UNIDENTIFIED MALE: In her throat area?

CUTTS: Yes. She hit the ground.

UNIDENTIFIED MALE: How hard did she fall?

CUTTS: She fell pretty hard.

DENNIS BARR, PROSECUTOR IN THE CASE: Does he have a cold? No. Because I don`t see any tears. Did you cry this much when you dumped Jessie`s body up in that park?

CUTTS: After I dumped the body, yes, I did.

(END VIDEO CLIP)

GRACE: Here, Cutts, have these. They`re all for you. You`re going to need them. No jury is going to buy that act on the stand. Breaking down in tears. Let`s just reality check. Let`s remember what happened. His biological 2-year-old baby boy was left alone in that home. He threw hamburger buns onto the bed so the baby could eat hamburger buns. Locked the door, left. Left the baby alone with the body of his pregnant girlfriend wrapped in a rug.

Out to Michelle Sigona with "America`s Most Wanted." What`s happening in the case?

SIGONA: Well, right now, Nancy, the jury is deliberating on to whether to go forward with this aggravated murder charges. If Bobby Cutts is actually convicted of that he will face the death penalty. So he took the stand yesterday, and, as you saw, was crying and basically trying to plead his side of the case. You know, in his defense, for what, you know, his defense attorneys are saying, basically, is that he didn`t mean to do it. It was an accident. He, you know, basically nudged her in the throat and she passed out.

GRACE: Let`s go to Tina Kaufman, news reporter with WAKR, in court today. What was the jury`s reaction to Bobby Cutts, Jr. pretending to cry on the stand?

TINA KAUFMANN, NEWS REPORTER, WAKR: You know, Nancy, a lot of them at first, they sort of fell for it, you know? They were sympathizing with him. And, I mean, he did put on what seems to be a good act until the cut that you played when the prosecutor Dennis Barr took over and, you know, he said are those really tears or do you have a cold?

It was then it seems the jury snapped back and they were able to remember that, you know what, sympathy has no room in this courtroom.

GRACE: You know, I`m really surprised that after they had heard the evidence that they would be falling for this act, because he went for days knowing that his girlfriend`s body was slowly decomposing in a wooded area. The little fetus, baby Chloe, dead. And his theory was that he pushed her and his elbow hit her in the throat and she just died, Tina Kaufman? That`s it?

KAUFMAN: That`s -- that is what he is saying now. I can`t speak for the jurors and say if they are going to agree with what he said or not. But that was one of the state`s main arguments. You can say that he walked into the home without a purpose. That`s what they`re saying is, you know, he went in there. His purpose was to kill Jessie Davis.

GRACE: Right.

KAUFMAN: .due to financial pressure.

GRACE: Out to the lawyers, Eleanor Dickson, Hugo Rodriguez, Jason Oceans.

Eleanor, premeditation can be formed in an instant, even while he was strangling her, which is what he told a cohort happened. She testified at trial and she`s got two years behind bars for inflicting injury on a corpse. He acted it out like a police choke hold, Eleanor. That is premeditation.

ELEANOR DIXON, PROSECUTOR: Exactly. And people think you have to lie and wait and plan a murder for hours or days. But you`re exactly right, Nancy. It can happen in a split second, an instant. And as a prosecutor, that`s what you argue to the jury. But even without that instant premeditation, you can see premeditation all over the place with the way he went over her house, leaving the child there, wrapping her body, everything. I mean this was planned to some degree. It wasn`t an accidental, you know, hit to the throat.

GRACE: Jason Oceans?

JASON OCEANS, DEFENSE ATTORNEY: Listen, if it was planned he probably wouldn`t have his 2-year-old son there as a witness. So I`m with you that intent can come at any time but certainly he`s going to try and have the jury buy into his testimony from yesterday.

GRACE: Hugo?

HUGO RODRIGUEZ, DEFENSE ATTORNEY: I think some of the actions that he took post the accident are maybe more indicative of guilt in this situation. And there`s a question as to whether he should have taken the stand at all.

UNIDENTIFIED FEMALE: I don`t know if they were even words to express the heart ache. The absolute just -- you know, we know that only God can heel this kind of pain. If there was something we could take to make it go away, we would have. It`s just an unbearable loss.

(COMMERCIAL BREAK)

(NEWSBREAK)

(BEGIN VIDEO CLIP)

CUTTS: Placed her then to my truck.

UNIDENTIFIED MALE: Why did you place her there?

CUTTS: I just did. I don`t -- like how the hell am I going to explain it?

(END VIDEO CLIP)

GRACE: You know, the prosecutor`s right. He sounds like he`s crying. He looks like he`s crying, but there`s no tears actually coming out of his eyes. That`s Bobby Cutts Jr. on the stand. He`s charged in the death of his 9-month-old girlfriend, Jessie Davis, just 26, and her unborn baby girl, baby Chloe, her body found deteriorating in a heavily wooded and obscure area.

Out to the lines, Chris in Ohio. Hi, Chris.

CHRIS, FROM OHIO: Hi, Nancy. Your kids are so cute.

GRACE: Thank you. They`re just the light of my life. Thank you.

CHRIS: It`s got to be very hard to cover these kinds of stories now.

GRACE: It really is. It really is especially that first story where the baby was abandoned.

What was your question, dear?

CHRIS: You know what? How come Bobby Cutts - I mean he needs some acting lessons, first of all.

GRACE: True.

CHRIS: Second of all, he left his son in that house. And they put bleach? What if that baby had gotten into the bleach? I just can`t understand it.

GRACE: You know, I have on my notes bleach, Chris.

To Michelle Sigona, didn`t he tell the jury -- he got out the bleach, which we believe he used to try to hide bloodstains, to revive her? How do you use bleach to revive somebody? Didn`t he see the big skull and cross bones on the back?

SIGONA: Yes. One would think again, you know, Nancy, what he claimed is that he pulled out this bottle of bleach, tried to stick it underneath of her nose when he realized that after he elbowed her in the throat.

GRACE: There`s your bleach.

SIGONA: .that she was knocked out. And you know, leaves this open bottle of bleach open for little Blake to be able to come around. He was inside the house for 24 hours by himself, Nancy.

GRACE: To Larry in West Virginia. Hi, Larry.

LARRY, FROM WEST VIRGINIA: Yes, I would like to know if she was 5`2", I wonder how tall Cutts was when he swung his arm back there.

GRACE: Oh, that`s an excellent, excellent point.

To Dr. David Posey, very quickly, Dr. Posey, the possibility of swinging back at his height and happening to hit someone in the throat and killing them is pretty slim.

DR. DAVID POSEY, GLEN OAKS PATHOLOGY MED. GROUP, MEDICAL EXAMINER & FORENSIC PATHOLOGIST: I agree, Nancy. I don`t buy that story. It doesn`t go along with a blow like that to the throat and a standing adult. She would have moved and it wouldn`t have killed her.

GRACE: I agree, doctor. I`m just wondering what the jury is pondering. They`re out for the night. They are sequestered. Jury deliberation starts again in the morning.

But right now I want to help find a missing NYU grad. Take a listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We just have no other leads. We`ve had no sightings. No other information has come in. So, you know, all that we really know is she disappeared about 1:18 in the morning into a very severe snowstorm. So that`s why we`re focusing our energies on the downtown along the river.

(END VIDEO CLIP)

GRACE: Twenty-three-year-old Mike Barbiere missing, Breckenridge, Colorado.

Out to Allison Pries with "The Record." What happened?

ALLISON PRIES, REPORTER, THE RECORD: Hi, Nancy. Mike was vacationing with six former high school classmates and two of their fathers. They hit the slopes during the day and went out bar hopping in the evening. They hit four bars, and at the last one Mike went outside with the friend. The friend stopped in a designated smoking area, and Mike wondered off into the night. Not in the direction of the condominium in which the group was staying in.

GRACE: Joining me right now is a special guest, with us is Chris Barbiere. This is Mike Barbiere`s mother.

Miss Barbiere, thank you for being with us.

CHRIS BARBIERE, MOTHER OF MISSING NYU HONORS GRAD: You`re welcome.

GRACE: Miss Barbiere, did he have a cell phone with him?

BARBIERE: He didn`t have a cell phone. He works off a BlackBerry as a trader, so the cell phone was home in the condo.

GRACE: Did he have his BlackBerry with him?

BARBIERE: No, he didn`t. The BlackBerry is what was home. He purposely left it home because it`s what he works with and what was the ordinary way he would handle business. So it had to be left home. It was their Internet source.

GRACE: When was the last time you spoke with him?

BARBIERE: I spoke with Michael that afternoon.

GRACE: And what were his spirits?

BARBIERE: He was fantastic. Having a good time. He loves his friends. He loved Breckenridge. He talked about how convenient the spot was. How beautiful it was. He could walk to the slopes. He could walk to where they were eating and drinking. It was really an upbeat conversation.

GRACE: Has he ever gone missing before? Gone away for a couple of days?

BARBIERE: No.

GRACE: Never?

BARBIERE: No. Mike and I and his family have never been out of contact or -- my god, no.

GRACE: I understand there is a reward. Correct?

BARBIERE: Yes, the family has put out a reward through the county, Summit County crime stoppers. There is an anonymous tip line as well. $10,000 reward.

GRACE: A $10,000 reward. Everyone, that tip line is 866-453-7867. $10,000 reward. We`re looking for this young man, Mike Barbiere. Just 23 years old. Up and coming rising star. NYU grad. Take a look. Again 866- 453-7867. With us Mike Barbiere`s mother.

Chris, very quickly, what are police telling you, Miss Barbiere?

BARBIERE: They`re telling us that they`re continuing with the investigation, and we`re out there asking everyone who possibly could have been out that night at the bar, saw people at the bar that he was in, on the street, in a passing car, even though it was a stormy night, just think about any information that might be helpful to us.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We have no other leads. We`ve had no sightings. No other information has come in. So, you know, all that we really know is he disappeared about 1:18 in the morning into a very severe snowstorm. So that`s why we`re focusing our.

(COMMERCIAL BREAK)

GRACE: You`re on NANCY GRACE. We`re on the hunt for parents who inspire. Tonight`s extraordinary parent.

(BEGIN VIDEOTAPE)

JERRI GRAY, NANCY GRACE EXTRAORDINARY PARENT CONTESTANT: When our sons were young, I was actually on welfare. I`m a single parent. And it was hard for me.

UNIDENTIFIED FEMALE: In 1997 Jerri Gray was 28 years old. A single mother of two young boys in inner city Michigan and penny less. (INAUDIBLE) to be a role model for her boys Corey and Jonah(ph). She enrolled in community college and later joined the Pontiac Police Department.

GRAY: I went to the welfare office and I told them I was an officer now, and I didn`t need it anymore.

UNIDENTIFIED FEMALE: With their mother as a role model, Gray`s sons excelled especially on the football field. In 2005 Grey was diagnosed with multiple sclerosis but that did not stop her or her two boys.

GRAY: I was like I`m really blessed because I`ve raised two sons who`s never been in any trouble. They`ve always stayed academically sound. And now I have one son who is in college currently. I have another son who has a full scholarship to Notre Dame.

(END VIDEOTAPE)

GRACE: Tonight, let`s stop and remember Army Specialist Ashlee Sietsema, only 20, Melrose Park, Illinois. An army health care specialist and ambulance driver. Dreamed of nursing degree at Northern Illinois University. Loved teaching bible classes and community service. Leaves behind mom, Olivia, brother Patrick, and widower, Max.

Ashlee Sietsema, American hero.

Thanks to our guests but especially to you for being with us. And tonight a special good night for friends of the show, David Schumer, whose mom Ellen died of pancreatic cancer, and Dr. William Rasheed(ph), chief of radiation oncology at the University of Maryland Greenbaum Cancer Center, Baltimore.

The Ellen Schumer Pancreatic & Liver Cancer Fund helps experts like Dr. Rasheed improve early detection and treatment for pancreatic and liver cancer. Let`s fight this cancer with more research. Go online. Learn. Contribute at ummsfoundation.org/ellenschumerfund.

Everyone, I`ll see you tomorrow night, 8:00 sharp Eastern, and until then, good night, friend.

END