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Nancy Grace
Police Seek Murderer of Female Auburn University Student
Aired March 05, 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: Breaking news tonight, the murder mystery surrounding the death of a gorgeous young coed, Auburn University campus, Alabama. A 911 call leads police off campus, where they find 18-year-old Lauren Burk just before the young girl died. Moments later, back on campus, firefighters get a tip and race to find Burk`s 2001 Honda Civic engulfed in flame. Tonight, who killed 18-year-old coed Lauren Burk and made a bonfire of her car?
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Very much a terrible situation here at Auburn University here in Auburn, Alabama. Eighteen-year-old Lauren Burk was found shot in the middle of the road off campus, and she died about a half hour later. And around the that time she died, witnesses found a car, her car, burning on campus not far from where she was actually shot. And as of this morning, police say that they`ve interviewed several people, but they would not specifically say whom they`ve interviewed and they will not publicly talk about what the possible motive might be at this time.
(END VIDEO CLIP)
GRACE: And tonight, a shocking video emerging on YouTube launches a full-scale investigation after over 100,000 cyber-hits on the grainy home video, a Marine lance corporal in full combat gear flinging a puppy off a desert cliff, where it flies through the air and plummets to its death. The soldier, he laughs it off to another Marine who is actually taping the whole thing. Amazingly tonight, no formal charges. Let`s see if we can fix that.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: An outrageous video has sparked a military investigation. In it, a Marine appears to toss a puppy off a cliff. The military is trying to figure out whether the video is authentic. If it is, the Marine could face charges.
UNIDENTIFIED FEMALE: The Marines identified one of their own today, a 22-year-old lance corporal who appears to toss a black and white puppy of a cliff, then smile. Investigators won`t release the Marine`s name, saying only he was removed from his unit in Hawaii while the Pentagon investigates. On line, Web sites have popped up calling the Marine a puppy killer. There are even death threats.
(END VIDEO CLIP)
GRACE: Yes, by all means, let`s protect the Marine.
Also tonight, former NFL superstar and double murder suspect O.J. Simpson facing charges in a Vegas armed robbery, bursting into a private hotel room with an armed posse and making off with thousands in sports memorabilia. Well, tonight, the defense slaps the prosecution with reams of motions demanding the charges be dropped and to order the court to pretend the brutal double murders of Nicole Brown and Ron Goldman never happened. Reality check! It`s Simpson. He`s the one that made a mint off two books, TV deals, his video. "I Want to Tell You" -- remember, that sold for $29.95, Web sites, even a 900 number, all based on his infamy after those double murders.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: O.J. Simpson is trying to stop any mention of the murders of Nicole Brown Simpson and Ron Goldman in his upcoming Las Vegas kidnap and robbery trial. Simpson`s attorneys say anything that did happen in the casino is irrelevant to the case. Prosecutors argue it`s important jurors know about Simpson`s efforts to get out of paying the nearly $40 million owed to the families of Ron Goldman and Nicole Brown Simpson.
(END VIDEO CLIP)
GRACE: Good evening. I`m Nancy Grace. I want to thank you for being with us. Breaking news in the mystery surrounding the shooting death of a gorgeous young coed, Auburn University, Alabama, while miles away, her car bursts into flames.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Lauren Burk graduated from Walton High Last year, and with more than two dozen fellow classmates, went to Auburn University. News of her death spread quickly across the Cobb County campus. Burk was active at Walton, played on the lacrosse team. Students and parents were desperate for information. Several parents who have children at Auburn were furious that the school did not put out a campus-wide alert.
UNIDENTIFIED MALE: We have increased our patrols on and around campus. We want everyone to feel safe. And we`re doing everything we possibly can to bring this to a conclusion with an arrest and reassure the parents of Auburn University (INAUDIBLE) we have their safety first and foremost here at the Auburn Police Department.
(END VIDEO CLIP)
GRACE: Interesting that there is no increased campus security. Is it because police believe the killer is linked specifically to this victim, Lauren Burk, just 18 years old, a freshman there at Auburn University? And a very confusing, mysterious serious of events. She is found near death. She does, in fact, pass away, out in the middle of the road, flagging down passers-by, shot. And then about 20 minutes later, her car bursts into flames there on Auburn University campus.
Out to Elizabeth White, CNN affiliate WTVM. Elizabeth is joining us from the scene where the car was discovered. What`s the latest?
ELIZABETH WHITE, WTVM: Well, Nancy, let me get into a little bit more detail about those 911 calls to police. Around 9:08 last night, a driver that was on North College Street called 911 dispatch and said, I see a young lady in the road, and it looks like she`s hurt. So police immediately respond, and that`s where they find 18-year-old Lauren Burk in the middle of the road. She had been shot once. But we are told she was still alive.
Now, police will not say whether or not she was able to talk to them or communicate to them about what had happened to her. They started doing CPR, took her to East Alabama Medical Center, where about 30 minutes later, she died of her injuries.
And about 20 minutes after they got that first 911 call, police responded to this very spot where I am standing, and that is where they found Lauren`s black 2001 Honda Civic engulfed in flames. That car has been taken to the forensics lab in Montgomery. Police are hoping to find the evidence inside that this killer was obviously trying to cover up.
I`m told the assistant police chief, Tommy Dawson (ph), last night contacted Lauren`s family to give them the news. And he tells me in his 21 years as a police officer here in the city of Auburn, it`s by far the most difficult thing he`s ever had to do. Nancy?
GRACE: Back to Elizabeth White, CNN affiliate WTVM. Elizabeth, you`re telling me that the initial call regarding her shooting was at 9:08, and then about 20 minutes later, her car burst into flames miles away?
WHITE: I don`t know if her car burst into flames or if it was already on fire. All I know is that it was reported to police at -- actually, the time was 9:27 that fire was call in to the 911 dispatcher, again, 20 minutes after that first 911 phone call came in reporting a young lady had been injured. So I don`t know if it burst into flames or was already on fire at that point.
GRACE: Elizabeth White joining us there at Auburn, Alabama, where the car actually was found, a tip called in.
Joining us also, Wayne Snow, the managing editor of "The Opelika Auburn News." Wayne, thank you for being with us. What strikes me first is that in the time lapse between the perpetrator leaving the girl there, shot, dying, and setting her car on fire, her life could have been saved, Wayne.
WAYNE SNOW, "OPELIKA AUBURN NEWS": Yes, I suppose it could. You know, they`ve got a 20-minute period there, and if someone -- it could have.
GRACE: What more do you know?
SNOW: It`s more a story of what we don`t know. You know, the nuts and bolts of when the call went out and when her body was discovered, when the car burst into flames, we know that. What we don`t know is we don`t have any suspects, at least that the police are willing to identify. There have been a lot of rumors around town, but nothing that has really been confirmed.
GRACE: Rumors? What rumors? What rumors?
SNOW: Well, rumors about who it might be, speculation about who might have done it.
GRACE: You mean that people are actually speculating about a particular individual?
SNOW: Yes. But you know, it`s not something that we`re going to report because it`s not -- it`s not something we can confirm yet. And we don`t want to point fingers at someone.
GRACE: How many times was she shot?
SNOW: As far as we know, one time. But they will not say where she was shot.
GRACE: And so she was alive when police first got there. Do we know whether she was able to name her killer?
SNOW: No. No, we don`t know that. If -- if the police know that, they`re not saying.
GRACE: OK. To Vince Velazquez, a homicide former homicide detective with Metro Atlanta, also hostage negotiator. Vince, thank you for being with us. The fact that they have not amped up security in a major way suggests to me, Vince, that they believe her killer is linked specifically to her, therefore not posing a threat to other coeds on campus or in the town. What do you think, Vince?
VINCE VELAZQUEZ, FMR. HOMICIDE DETECTIVE, HOSTAGE NEGOTIATOR: Quite possibly. You know, based on the fact that the car was burned on the campus, it leads me to believe that the killer may be from the campus. He drove onto the campus and then left the car there burning. So either he got picked up or he ran into a dormitory or somewhere nearby. And again, you know, the car was burned possibly to destroy evidence.
GRACE: Possibility that he ran into a dorm. Back to Elizabeth White with CNN affiliate WTVM there at Auburn. Elizabeth, if the person that burned the car disappeared so quickly, that may suggest, as Vince says, that he had access to a dormitory. Do you have to have a school ID to get into a dormitory, or are they locked? What do we know about the car being set on fire?
WHITE: As far as the dorms are concerned, yes, I do understand you have to have a passkey to get inside. As far as the car being on fire, I don`t know any more to tell you than what I`ve already told you, the fact that they got the call, they came out here, put the fire out and took the car immediately down to the Montgomery forensics lab to do testing.
I do think it`s important to say that during a news conference today, the assistant chief of police did confirm that they had spoken with a couple of people. They`d pulled a couple of people in for questioning. You know, we`ve heard all the rumors about who they might have pulled in for questioning, but police are not saying who they did speak with today.
I also think it`s important to say that Auburn police were very clear with us that they do not believe any students or faculty or staff or professors here at Auburn University are in any kind of danger tonight. And in fact, Assistant Chief Tommy Dawson tells me he is confident -- those were his words -- he is confident that they will make an arrest relatively soon.
GRACE: Elizabeth, you keep mentioning Auburn police. Are you referring to the campus security police?
WHITE: No. Those two entities merged a couple of years ago. They used to have a separate Auburn University police division and an Auburn city police division. Those two entities merged about three or four years ago. So it`s just the Auburn city police department that is investigating this homicide tonight.
GRACE: Where is she from, Elizabeth?
WHITE: I`m sorry. Where was she found?
GRACE: From. From.
WHITE: Where was she from. I`m sorry. It`s hard to hear you. She is Marietta, Georgia, from what we understand. She went to Walton (ph) High School. We do understand her family is in town tonight, at least her immediate family, her close family. And we also understand that her boyfriend is with the family here in Auburn tonight. We have not been able to speak with her family as of yet. The local police department are keeping them well shielded from -- from folks like us, the media.
GRACE: Elizabeth, you mentioned the boyfriend. Is the boyfriend a hometown boyfriend from Marietta or is he a college boyfriend? Was he there at the school when the murder occurred?
WHITE: Nancy, I`m not sure. Police would not give us any information about her boyfriend. In fact, they would not even confirm that she did have a boyfriend. We were just hearing from her friends...
GRACE: OK.
WHITE: ... that she was in a relationship...
GRACE: OK.
WHITE: ... and probably here at the university.
GRACE: Wayne Snow, do we know how badly the car was damaged by the fire?
SNOW: Well, pictures that we`ve seen, it looks totaled.
GRACE: Oh. Well, the problem with that, Dr. Posey -- joining us, Dr. David M. Posey, a forensic pathologist -- is that if the car is totally destroyed, you`re probably not going to be able to get any forensic evidence from it.
DR. DAVID M. POSEY, FORENSIC PATHOLOGIST: Yes, that`s right, Nancy. If it`s totally destroyed, probably any DNA, fingerprint evidence or blood spatter, if the incident occurred in the vehicle, would be totally destroyed by the fire.
GRACE: Let`s go out to the lines. Sherley in Pennsylvania. Hi, Sherley.
UNIDENTIFIED FEMALE: Hi, Nancy. Congratulations to you and your husband.
GRACE: Thank you.
UNIDENTIFIED FEMALE: I am so glad to see you happy.
GRACE: I am. Yes.
UNIDENTIFIED FEMALE: The question I have to ask you -- there`s been a lot of these young girls at colleges and all over the United States that are being murdered. What in the world do these men think and what kind of mind do they have that they think that they can go out and just kill any young girl who`s trying to get an education, be a right kind of a person for our country? What right, and what is in their mind that they can kill these girls?
GRACE: Out to Jeff Gardere, Dr. Gardere, psychologist and author of many books. Jeff, it`s such a sense of entitlement and arrogance that they believe that they can kill a young girl at a college like this -- it`s happening more and more and more -- and get away with it.
JEFF GARDERE, PSYCHOLOGISTS: Well, a lot of what we`ve seen, Nancy, are the genesis of domestic violence situations with very young people. And with these kinds of situations, a lot of these young boys start to treat these girls as if they are, in fact, their own property. So when things don`t happen the way they want them to happen for these young men, then they act out in very violent ways.
GRACE: To Carrie in Ohio. Hi, Carrie.
UNIDENTIFIED FEMALE: Hello.
GRACE: What`s your question, dear?
UNIDENTIFIED FEMALE: I was just wondering if there was a lot of gang- related violence in that area.
GRACE: Good question. Elizabeth White, what do we know?
WHITE: Could you please repeat that question?
GRACE: Yes.
WHITE: I`m sorry, Nancy.
GRACE: The caller, Carrie in Ohio, wants to know, is there gang activity there in Auburn?
WHITE: Is there gang activity here in Auburn?
GRACE: Yes.
WHITE: Not -- no, not here at Auburn University and not in Auburn. I mean, we`re a city like any other city, obviously. We do have our problems. But as far as a high level of gang activity, I feel confident in saying no.
GRACE: Let`s take a look at this, Vince Velazquez. Vince, the fact that someone went back to set the car on fire suggests to me that this is a targeted murder. Why? Because a random murder, you don`t go to the trouble to destroy all the evidence, to secret the body away from the car. Highly unusual. Someone put a lot of thought into destroying evidence, Vince.
VELAZQUEZ: I agree, Nancy. You know, typically, if it`s -- let`s just say it was a carjacking that went bad. You know, a robber wants what they want. If they end up shooting somebody, they leave the scene immediately. They want to get out of there. When you burn a car, you`re burning fingerprints, DNA evidence, fibers, hairs, fingerprints, any evidence that could connect you to this victim. To me, it looks like this perpetrator is connected to this victim somehow.
GRACE: Yes. Definitely.
VELAZQUEZ: Somehow.
GRACE: Definitely. It`s written all over it.
Out to Jeri in Arkansas. Hi, Jeri.
UNIDENTIFIED FEMALE: Hi, Nancy.
GRACE: What`s your question, dear?
UNIDENTIFIED FEMALE: Well, first of all, I want to tell you that you should see how your face lights up when you talk about your babies.
GRACE: I`ve got to tell you something, Jeri. I was just -- before I came to work today, we were talking about -- we were having a conference call about this story. And I had Lucy on a quilt on my bed, playing with her and wondering, you know, what her future would be and thinking about this girl`s family, you know, what they`re going through tonight.
Anyway, what`s your question, dear?
UNIDENTIFIED FEMALE: My question is, is do we know if she was conscious at all when she was found and whether or not she was able to give any information?
GRACE: Good question. Wayne Snow, what do we know about that?
SNOW: And the answer is that we don`t know. If she was able to talk, if she said anything to police, police aren`t saying, so...
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: An increased police presence on the campus of Auburn University today all because a female student whose car was found burning in a campus parking lot last night has died from a gunshot wound. Her killer is still on the loose.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
UNIDENTIFIED MALE: Very much a terrible situation here at Auburn University here in Auburn, Alabama. Eighteen-year-old Lauren Burk was found shot in the middle of the road off campus, and she died about a half hour later. And around the that time she died, witnesses found a car, her car, burning on campus not far from where she was actually shot. And as of this morning, police say that they`ve interviewed several people, but they would not specifically say whom they`ve interviewed and they will not publicly talk about what the possible motive might be at this time.
(END VIDEO CLIP)
GRACE: A beautiful Auburn coed now dead, her car set on fire about 20 minutes later. Someone went to a great extent to destroy evidence.
Let`s unleash the lawyers, Susan Moss out of New York, Renee Rockwell, Atlanta, Doug Burns, New York jurisdiction. Susan Moss, weigh in.
SUSAN MOSS, FAMILY LAW ATTORNEY: This was no coincidence. What the police need to do now is look at her text messages, look at her computer, her e-mail traces, speak to her friends. Somebody knew that somebody else was either threatening her or otherwise had some sort of gripe with her because this is too personal.
GRACE: Renee, would it do any good to try to reel the killer in, to get them to turn themselves in?
RENEE ROCKWELL, DEFENSE ATTORNEY: Well, of course, Nancy. I mean, you`ve got a murder case here. And then this person might think he might be up -- or he or she may be up for the death penalty. But Nancy, let me make one observation. It doesn`t necessarily have to be a man. It could be a woman that committed this crime.
GRACE: Right. How likely is that, Doug Burns, statistically, that one woman shoots another woman with a handgun, then torches the car? Statistically?
DOUG BURNS, DEFENSE ATTORNEY: I don`t usually disagree with Renee, but I have to tonight. It`s a man. The police I think know who it is, which is great. They know it`s not a serial killer. And they`re playing it close to the vest, which is smart.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: I`m absolutely shocked. I think it`s awful and -- I mean, to be so young. And nothing like this happens in Auburn, you know, frequently. So it`s just really bad and really shocking.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Well, we don`t have a suspect at this time, but we are diligently working toward that area. I would like for the family of this young lady to do the very best I could possibly do to determine who did this to this young lady. And at this point, I don`t want to release too much information because I don`t want to do anything that might hamper our investigation.
(END VIDEO CLIP)
GRACE: Tonight, a manhunt, Auburn, Alabama. Out to the lines. Victor in California. Hi, Victor.
UNIDENTIFIED MALE: Hi, Nancy. I just wanted to say I love your show.
GRACE: Thank you. And thank you for calling in.
UNIDENTIFIED MALE: You`re welcome. And my question was, have they talked to any of her friends or checked her phone to see who were the last calls she made?
GRACE: Excellent question, Victor. To Elizabeth White, joining us there at the scene in Auburn. Elizabeth, what do we know about that?
WHITE: Well, I don`t know if they`ve spoken to any of her friends. We do know, like I said, told you earlier, that they have called a couple people in and questioned her (SIC). But I`m sure -- I mean, these investigators know what they`re doing. I`m sure they`ve spoken to everyone they can get ahold of. And I`m sure they have her cell phone, they have her computer. I`m sure they have about every single electronic device she ever had. And I`m sure they`re looking at all that information tonight as we speak.
GRACE: Elizabeth, how many homicides go down in Auburn?
WHITE: Not too many. I think we`ve had one so far this year. And as far as Auburn University, here on campus, the only thing I can remember, about a year-and-a-half ago, there was a graduate student (INAUDIBLE) by the name of Laurie Anne Selinsky (ph). She went missing from her trailer off campus. And then in an eerily similar circumstance, her SUV was found on fire, as well.
GRACE: When we come back, a shocking video emerges on YouTube, launching a full-scale investigation and over 100,000 cyber-hits. A Marine lance corporal flings a little puppy over a desert cliff. It plummets to its death. The soldier -- he laughs it off to another Marine.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: On the video a Marine appears to pick up and then throw a stray puppy. The Marine Corps has launched an investigation to determine whether the man on the video is their Marine who returned last October from a seven-month tour of duty in Iraq. Whoever is involved with the conduct and posting of this video could face serious consequences including confinement or discharge from the Marine Corps.
Some Web viewers angrily lashed out with death threats. The Marines are examining whether the video or authentic or if it might not be what it appears. Regardless of whether it is real or a hoax, the Marines say the posting is unacceptable.
(END VIDEO CLIP)
GRACE: What I want to know is why charges have not been filed.
Out to the host of the "Dori Monson Show," Newstalk 710 KIRO, what`s going on? What do we know about this video, Dori?
DORI MONSON, HOST, "DORI MONSON SHOW" NEWSTALK 710 KIRO: Well, it`s horrifying video, Nancy. There`s no question about it. It`s a Marine in Iraq. He holds up a dog. Now what we don`t know for certain is, is the dog alive? Is it dead? It could be a stuffed animal. We just don`t know. If it`s real.
GRACE: But, wait, wait. Dori, it`s not a stuffed animal. Even I can see that and I`m 2,000 miles away.
MONSON: I think that it`s either a dead animal or a live dog. You cannot tell. There`s no movement by the dog. But he picks it up by the scruff of the neck, throws it 30 -- about 30 feet into a rocky field, and it`s absolutely horrifying. And -- now the Marines are investigating if it`s real or not. But regardless, it`s brought great disrepute to the Marines and this guy is going to be dealt with severely, because if it`s a hoax, it`s not a very funny one.
GRACE: And they`re laughing it off. No, no, no. That is not -- that is not a stuffed animal. We`re taking a look at it right now. And not only that, to Lisa Lange, senior vice president of -- PETA, Lisa, you can actually hear the little puppy yelping as it goes to the air.
LISA LANGE, SENIOR VICE-PRESIDENT, PETA: Yes. We`ve looked at this video frame by frame to try to distinguish, you know, whether the dog is alive or whether he is not. And if the dog -- we believe that -- we`re very concerned the dog was alive. You can tell the rigor mortis at least has not set in. The dog is hunched. When you pick a dog up by the -- nape, I`m sorry, of her neck, they tend to go motionless and freeze.
And as you said, you do hear the screams of the dog which, of course, could be inserted into the video later. What`s key here is that the people in charge move quickly, investigate this quickly. And we want to see them -- these men, both of these men brought before a court-martial and suffer the most severe penalties possible which we hope will include jail time and discharge from the Marines if they are convicted.
This has to be taken seriously.
GRACE: Out to Colonel Robin Johnson, retired Marine Corps colonel.
Colonel, I`m stunned. I mean the Marines have taken several black eyes just recently. Number one, you`ve got Cesar Lauren on the run in Mexico after allegedly killing his pregnant lover and her unborn child. Now this.
What alternative do they have in military justice for something like this.
COL. ROBIN JOHNSON, RETIRED MARINE CORPS COLONEL: Well, I believe the Marine Corps is moving as fast as they can with this investigation. They need to take statements and gather other evidence to let the process work.
If this is a real incident and it looks like -- looks like that to me, I think there are at least three or four violations in the code of -- the uniform code of military justice. For example, article 109, destroying property, article 92, dereliction of duty, failure to obey lawful orders, article 134, bringing discredit upon the armed forces, and conduct prejudicial to good order and discipline.
So I believe that the Marine Corps is going to -- I know the Marine Corps will take this very seriously.
GRACE: Very quickly, Colonel Johnson, do any of those justify a court-martial?
ROBINSON: Oh, all of them.
GRACE: All of them. OK.
Let`s go out to the lines, Teresa in Virginia. Hi, Teresa.
TERESA, FROM VIRGINIA: Hi, absolutely love your show.
GRACE: Thank you.
TERESA: I have a question. If the military discharges them can they be convicted in a civil court?
GRACE: What about it? Let`s go back out to Dory Monson with 17 KIRO. What is being suggested? What are the possibilities here? This happened in Iraq, did you say?
MONSON: Yes. That`s what`s believed. The Marines are investigating all of that and I agree with the colonel, that the Marines are acting as quickly as they can. The one thing I`d want to caution people is, this isn`t reflective of the United States Marine Corps. This is reflective of one idiot Marine who did a horrible thing. But it`s reflective of him, not of the Marine Corps as a whole.
And I`ve heard so much talk the last couple of days that this somehow represents the Marines. It doesn`t. It represents one person.
GRACE: Well, I`m glad you said that, Dori. My father is a World War veteran and in no way do we here on this show think that this has any suggestion that the Marine Corps is in any way responsible. However, we are waiting to see what the Marine Corps is going to do about it. And I have full faith that they will act quickly.
Out to the lines, let`s go to Sean in Florida. Hi, Sean.
SEAN, FROM FLORIDA: Hello. How are you?
GRACE: I`m good, dear. What`s your question?
SEAN: I just had a question. How does the Marine Corps laws differ from civil laws as it is to animal abuse and their penalties?
GRACE: Interesting question.
Colonel Johnson, I don`t believe in your career you`ve had to deal with animal cruelty, but is there even anything in the Marine code book regarding animal cruelty?
JOHNSON: I`m not a military lawyer, but I think the.
GRACE: Destruction of property?
JOHNSON: Yes, the articles I mentioned would cover all of them.
GRACE: Would cover it.
What about it, Lisa Lange? What do you think? Lisa is joining us from PETA.
LANGE: Yes, you know, my father is also a war veteran and I feel very strongly that this isn`t indicative of the Marines on the whole. But I do have to say that in the last few years we`ve received several videos of cruelty to animals allegedly being conducted by various soldiers from various branches of the military.
And in every case we`ve written and we`ve asked for investigation. Some of them have been investigated, some of them haven`t. But what we`re asking for right now and immediately for all branches of the military is a zero tolerance policy. This cannot be accepted.
And I also wanted to say that even if this dog was dead it has to be understood that PETA`s cruelty caseworkers every day deal with about a dozen cases at least. Some of these people commit crimes against dogs and cats and other animals because they saw it in a video, they saw it on television, or they were trying to mimic someone else. For a Marine to do something like this, to kid and to laugh about throwing, hurling a puppy off a cliff to his death is not acceptable. It sets a bad example and it possibly creates a situation where other people will follow his lead.
GRACE: OK. We have gotten a response from the Marine Corps and it says, "Nancy Grace asked why charges have not been filed. We have to finish the investigation before we can file charges."
Well, that goes without saying that there has to be an investigation before charges are filed.
Let`s unleash the lawyers, Susan Moss, Renee Rockwell, Doug Burns.
Of course, Susan Moss, there has to be an investigation before charges are filed. But it`s very rare, Susan, that you have one defendant performing the deed and the other defendant videoing it, then posting it on YouTube. It kind of is a case handed over to you on a silver platter, unless this was all staged, which it doesn`t appear to be staged. It`s on video, Susan.
SUSAN MOSS, CHILD ADVOCATE, FAMILY LAW ATTORNEY: Absolutely. So much for puppy love. Not only is this disgusting, but this is so dangerous because people are going to use this as symbolism. They`re going to use this against America. They`re going to point to this and say, look at the American soldiers and what they`re doing. This is not indicative of who the American soldiers are and the army and the Marine Corps must deal with this quickly, swiftly, and justly.
GRACE: Everybody, when we come back, former NFL superstar and double murder suspect O.J. Simpson facing charges from a Vegas armed robbery. The defense demanding charges be dropped and that everybody in court pretend the brutal double murders of Nicole Brown and Ron Goldman never happened.
Also tonight, APB, all points bulletin for special moms and dads. If you know a parent who has inspired others, get that camcorder, go to CNN.com/Nancy Grace and click on i-Report. Enter that parent in the extraordinary parent contest.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MARINE: This is a shocking and deplorable video that`s contrary to the high standards that we set for every Marine. We will investigate this and take appropriate actions.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
(NEWSBREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: O.J. Simpson`s lawyers don`t want the prosecution to mention anything about the murders of Nicole Brown Simpson or Ron Goldman in his upcoming kidnap and robbery trial.
Prosecution says jurors need to hear why Simpson is refusing to pay the nearly $40 million guilty verdict to the Brown and Goldman families. Even if that motion is granted legal experts say it`ll be virtually impossible to find any juror who hasn`t heard about the case.
(END VIDEO CLIP)
GRACE: The O.J. Simpson defense team at it again. All they`re missing this time is Johnnie Cochran. God rest his soul.
Out to Kirsten Flowers of KXNT AM 840, what`s the latest?
KIRSTEN FLOWERS, ANCHOR, KXNT AM 840: Well, they`re going to be meeting on Friday, Simpson`s lawyers, and they`re asking for pre-trial motions of certain counts to be dropped. They want six out of the 12 counts dropped. And they also want to make sure that it is prohibited in the courtroom from mentioning anything about the 1995 murder trial involving Simpson.
GRACE: Art Harris, joining us tonight, investigative journalist at www.artharris.com.
Art, what else can you tell us?
ART HARRIS, INVESTIGATIVE JOURNALIST, WWW.ARTHARRIS.COM: Nancy, the defense is calling this wholly irrelevant to the case at hand. And the prosecution says, no way. You have got to use the prior cases, the murder case, the civil case, and the judgment against him to understand his motive in leading five men at gunpoint to take his property back from these memorabilia collectors, because he was trying to hide assets for years from the Goldmans. And this was a way he could gain them back outside California.
GRACE: By just stealing them and then selling them there would never be any record of him obtaining all the memorabilia, which I would like to remind everything, was not just O.J. Simpson memorabilia. There was a lot of other very expensive memorabilia from other sports stars that allegedly was taken from that private hotel room at gunpoint with Simpson leading the posse.
Let`s unleash the lawyers. Susan Moss, Doug Burns, Renee Rockwell.
Ridiculous, because to strike a jury, Renee, of course, both sides are going to ask the jurors, did you hear about that little murder charge Simpson caught a couple of years ago?
RENEE ROCKWEELL, DEFENSE ATTORNEY: Of course, Nancy.
GRACE: This is -- why are they even doing this?
ROCKWELL: Well, Nancy, first of all, who hasn`t heard about it? This is global news. But what you don`t want in the case in chief is the danger of a juror getting some pay back, saying, oh heck, he got away with murder last time. Now.
GRACE: But that`s not my question. No. No.
ROCKWELL: No, but we`re talking about the case in chief.
GRACE: My question is they -- yes, but my question was, the defense filing slapping the prosecution with all of these ridiculous notions saying you`ve got to pretend in front of the jury the double murders never happened, you can`t bring it up, when we all, all four of us trial lawyers know that on voir dire, which coincidentally means to speak the truth, jury selection, the jurors are going to be asked about the double murders, their knowledge of them. So why suppress it at trial, Renee?
ROCKWELL: Because you don`t want to keep going over and over and over. You`re going to ask them, can you still be fair knowing that he was acquitted in the former criminal case but found guilty and responsible in the criminal trial?
GRACE: OK.
ROCKWELL: Can you still be fair?
GRACE: So Doug Burns, what`s the rationale of being able to discuss it in length in voir dire jury selection but not at trial?
DOUG BURNS, DEFENSE ATTORNEY: You know, in this case, though, let me just say, it`s completely and totally linked, because all of the behavior at issue has to do with the civil judgment. So in this particular case it definitely comes in and as you guys said it`s a ridiculous Motion. Who -- I`m the only one.
GRACE: I said that. Renee didn`t say that.
BURNS: I`m the only one. I didn`t know he was involved in a murder case.
GRACE: So, OK, you`ll qualify for the jury.
Out to you, Susan Moss, correct me if I`m wrong, but wasn`t it he himself, Orenthal James Simpson, the one and only, that hocked a I-want-to- tell-you video for $29.95 that has had two books, one called, "If I Did It," even there was an alleged 900 phone call, O.J. Simpson call number? I mean he`s the one that is gaining notoriety and infamy off the double murders but now he wants it all quashed?
MOSS: I`m just waiting to read his next book, "If I Robbed Them." I mean, come on. Even if this guy changes his name to Bart, everyone knows who he is and everyone knows what he may or may not have done.
GRACE: So Jeff Gardere, the big question that a lot of callers have - - and I`m coming right to you, Linda in Illinois -- is why can`t this guy stay out of trouble? He beat the rap on double murder, he`s beat the rap on stealing about $10,000 worth of cable, he`s beat the rap on a road rage assault that was alleged against another driver, Sidney, his daughter, calls into 911, his girlfriend in the hospital with bleeding to the brain and injuries, nothing sticks to this guy.
Why can`t he play it safe and stay away from a posse bearing guns?
JEFF GARDERE, PSYCHOLOGIST, AUTHOR OF "LOVE PRESCRIPTION": Well, for one he`s a thrill seeker. And number two, we know that he does have a very narcissistic personality. It`s just about O.J., O.J., O.J. And he`s a bit of a sociopath, a lot of sociopath, and therefore he does not have feelings of guilt.
So no matter how many times he gets caught or he gets in trouble, it does not reinforce, it does not ring through to him that he`s doing something very stupid.
GRACE: Out to the lines, Linda in Illinois. Hi, Linda.
LINDA, FROM ILLINOIS: Hi, Nancy. My question is, how is Christine Prody doing?
GRACE: Good question. What do we know about that, Art Harris?
HARRIS: Discharged from the hospital. And the Miami-Dade investigators are still looking into her injuries and is trying to rule Simpson -- he denies he had anything to do with it, that she was drunk and falling down, and didn`t get on the plane back from the Super Bowl weekend, and whatever injuries she had were inflicted herself.
GRACE: OK. Right. She`s drunk. She fell. That`s how she`s bruised from head to toe. He says from one fall at a gas station with bleeding to the brain. If it was that simple, Renee Rockwell, why is the case still ongoing?
ROCKWELL: Well, Nancy, now, you want to bring all that up in this case, too? I don`t know.
GRACE: No, no, that`s not what I asked you.
ROCKWELL: I don`t know anything about that case but let you tell you something, Nancy, mark my words, he`s going to walk on this one, too, because it takes in that state one juror to hold out and it`s a mistrial. I can -- mark my words tonight, they`ll never convict him.
GRACE: Well, you know, Renee, you -- you pulled the wool over my eyes during the O.J. Simpson case. I swore there`d be a conviction. You swore there wouldn`t and you were right. And it sounds like a reenactment of the crime, deja vu all over again. You may be right again. But let`s hope not.
To Linda in Illinois. Hi, Linda. I`m sorry. Michelle in Vermont. Hi, Michelle.
MICHELLE, FROM VERMONT: Hi, Nancy.
GRACE: What`s your question dear?
MICHELLE: My defense is, if O.J. Simpson has no money to pay, how does he have the defense that he does?
GRACE: I`m sorry. Could you repeat that?
MICHELLE: If he has the money that he says he doesn`t have, how can he have the defense that he has defending him every time?
GRACE: We`ll get your question when we get back.
(COMMERCIAL BREAK)
GRACE: Let`s answer that question.
Art Harris, how is he affording this defense team?
HARRIS: Nancy, he`s got a very lucrative NFL pension and retirement package that is untouchable, out of reach to the Goldmans and their civil judgment.
GRACE: And to Dr. David Posey, medical examiner, joining us out of L.A., Dr. Posey, the question came earlier about the girlfriend Christine Prody, explain to me, the fall, they say no evidence of a crime but her body was covered in bruises.
DR. DAVID M. POSEY, MEDICAL EXAMINER, GLEN OAKS PATHOLOGY MEDICAL GROUP: Well, I still think that certainly lends to some major questions. I can see where you have a fall and maybe a couple of bruises associated with it. But when you have multiple injuries all over the body you`ve got to consider that it`s not an accidental fall.
The other aspect of it is if she`s a long-term drinker, she`s got, you know, severe liver damage, then she might have some bleeding problems or we call bleeding diastases and (INAUDIBLE).
GRACE: Right.
POSEY: But I just don`t buy that with a young lady, 32 years old, multiple injuries like that, you end up with a severe head injury. It doesn`t pass the smell test for me.
GRACE: And to Doug Burns, Doug, Michelle asked about the defense team, how he could afford it.
BURNS: Yes.
GRACE: Yes, Art is absolutely correct to my understanding about the lucrative pension from the NFL. But would some lawyers take this case strictly for the PR to get other clients?
BURNS: Yes, you completely read my mind. I wanted to amplify Art`s point. He`s right. O.J. does have a good pension but lawyers are very willing to get in this mega, mega publicity cases for a way less than the normal fees. I`m not saying that`s the case with Yale, who I know, but that`s very often the case. Or they just say, we`ll do on credit and you pay us later. And you know, he doesn`t have the greatest history of paying so.
GRACE: Right.
BURNS: But you`re right, you`re right.
GRACE: Yes. Ask Fred Goldman about that, paying those debts.
BURNS: You`re right. Yes.
GRACE: I say money upfront.
BURNS: Oh yes.
GRACE: .if you`re representing Simpson.
Let`s stop, let`s stop and remember Army Corporal John Sigsbee, 21, Waterville, New York, killed, Iraq. On a second tour. Awarded the Purple Heart for injuries in the first tour. With an infectious laugh, devotion of friends. Leaves behind parents James and Susan, brothers Jason and Jared.
John Sigsbee, American hero.
Thank you to our guests but most of all to you for being with us. See you tomorrow night, 8:00, sharp, Eastern. And until then, good night, friends.
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