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Nancy Grace

Hogan`s Family Asks Judge for House Arrest for Son

Aired June 02, 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: Former "Wrestlemania" and reality TV superstar Hulk Hogan on the ropes, and it is all caught on tape. After a disastrous drag-racing crash fueled by alcohol, leaving a 23-year-old Iraqi war veteran with irreversible brain damage, in court Hulk Hogan`s family in tears, begging for leniency. But tonight, Hogan and family caught on tape blaming the comatose victim, whining about the justice system. And now -- listen to this -- angry his jail cell doesn`t have amenities like playing cards, unlimited phone use, windows use and cable TV, Hogan is now formally demanding the judge let him go home on house arrest. All this while the victim is comatose on a ventilator. Hulk Hogan and his family caught on tape and down for the count!
(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Surprise, surprise, Nick Hogan/Bollea doesn`t like being in jail. Last month, a Florida judge sentenced the 17-year-old to serve eight months for reckless driving. Now, remember, that crash that he caused left his buddy severely brain damaged, never to be the same. Well, now Nick`s attorneys have filed a motion for the judge to reconsidering, saying Nick is unhappy with conditions at the Pinellas County jail, and he wants a different sentence, house arrest until he`s 18.

(BEGIN AUDIO CLIP)

NICK BOLLEA: They put me in a room, like, all the way down at the end of this long hall with no guard at the end. And the room, when it closes, it`s really, really dark inside, and like, there`s no lights in it.

HULK HOGAN: Yes.

NICK BOLLEA: When the door closes, there`s no windows at all. And like, I can`t -- I can`t see out or anything. So like, if I knock on the door or anything, I don`t know if anyone can hear me or anything. I`m, like -- I`m really freaking out.

(END AUDIO CLIP)

(BEGIN AUDIO CLIP)

NICK BOLLEA: I would do anything to get out of this room!

LINDA: I know. Imprisoning you by yourself is almost beyond what you deserve, don`t you think?

NICK BOLLEA: Yes.

LINDA: I mean, solitary confinement is what they do, like what, triple-X criminals. I mean, you know, it`s, like, for a car accident?

NICK BOLLEA: I want to go outside. I just want to breathe fresh air!

(END AUDIO CLIP)

GRACE: And tonight: Tatum O`Neal, the youngest actress ever to win an Oscar, allegedly beating drug addiction, even detailing the battle with drugs in a best-seller. But tonight, Tatum O`Neal busted, charged with buying crack cocaine just blocks from her luxury apartment.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Academy Award-winning actress Tatum O`Neal was arraigned today in New York after being arrested for allegedly buying crack cocaine. O`Neal, who has a history of drug problems, was released without bail. Police say she made a purchase from a drug dealer in Manhattan yesterday. She was charged with criminal possession of a controlled substance and could be sentenced to a year in jail, if she is convicted. The 44-year-old actress chronicles her struggles with addiction in her memoir, "A Paper Life."

TATUM O`NEAL, ACTRESS: I`ve been to a number of treatment centers and I`ve gotten through it.

I just really, really wanted to psyche this out, and I wanted to get off. I wanted to -- to -- to believe in myself.

(END VIDEO CLIP)

GRACE: Good evening. I`m Nancy Grace. I want to thank you for being with us. "Wrestlemania" and reality TV star Hulk Hogan on the ropes, a disastrous drag racing crash leaving a 23-year-old Iraqi war veteran with irreversible brain damage, Hogan and family caught on tape, blaming the comatose victim. Well, tonight, angry his jail cell doesn`t have amenities like playing cards, unlimited phone use, window views and cable TV, Hogan is actually formally demanding the judge let him go home on house arrest. All this while the victim is comatose on a ventilator.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: After less than a month behind bars, Nick Hogan is asking to be released from jail and placed on house arrest. In a motion filed by his attorneys, the son of former wrestling great Hulk Hogan claims he is being wrongly held in isolation lockdown, despite being a first-time offender. With Hogan`s accident victim still in the hospital in a semi- conscious state, Hogan`s attorneys say the 17-year-old is serving a much harsher sentence than what he should be. While Hogan is asking for help, jail tapes released show the teen calling the victim a negative person and planning a reality show for when he`s released.

(END AUDIO CLIP)

(BEGIN AUDIO CLIP)

HULK HOGAN: I don`t know what type of person John was or what he did to get himself in the situation. I know he was pretty aggressive and used to yell at people and used to do stuff. For some reason, man, God laid some heavy (DELETED) on that kid, man. I don`t know what he was into.

NICK BOLLEA: John was a negative person.

HULK HOGAN: He was what?

NICK BOLLEA: He was a negative person.

(END AUDIO CLIP)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: (INAUDIBLE) want to have a nice (INAUDIBLE) knowing I will get no feedback. If I want to take a nap with him, I fall (INAUDIBLE) chair at his bedside! And if I want to help him, the only way possible is to clip his (INAUDIBLE) fingernails, hoping that (INAUDIBLE) that much better!

(END VIDEO CLIP)

GRACE: Incredible, the victim comatose on a ventilator, irreversible brain damage, having to have a portion of his frontal lobe removed after this crash.

Straight out to Rory O`Neill with Metro Networks. Rory, explain to me this motion that Hogan has filed.

RORY O`NEILL, METRO NETWORKS: Well, good evening, Nancy. Yes, the attorney for Nick is asking that he be allowed to leave the jail with an ankle bracelet until he turns 18. Because he is a minor, he is being kept in isolation -- at the decision of the sheriff there, he`s being kept in isolation, and they say that`s the complaint. They say let him stay out of the jail until he turns 18. When he becomes 18 next month, let him come back to the jail and serve out the sentence.

GRACE: Let`s unleash the lawyers. Everybody, we are taking your calls live. To Alex Sanchez, defense attorney in New York, Ray Giudice, defense attorney in Atlanta. First to you, Ray Giudice. The reason that he has been isolated, as he is putting it, is because he is a minor. He is not 18 yet and he is being segregated from general population.

RAY GIUDICE, DEFENSE ATTORNEY: Well, I understand the sheriff`s point of view for safety reasons, but the motion says, Let me come back and do my jail time in the general population, with some really bad guys, after I`m 18. It doesn`t sound like he`s trying to get out of the jail sentence, he`s just wanting to do it just like everybody else.

GRACE: But Really Ray, isn`t he requesting that he go to a facility that is minimum security?

GIUDICE: He`s requesting to be sentenced like everybody else for this type of sentence...

GRACE: Is that a yes or a now?

GIUDICE: ... at 18. I don`t know if it`s a minimum.

GRACE: Yes or no!

GIUDICE: I don`t know.

GRACE: Yes, he wants minimum security.

GIUDICE: OK. So why shouldn`t he have it?

GRACE: His victim is on a ventilator!

GIUDICE: The judge didn`t order him to maximum security, he ordered him to do eight months in custody.

GRACE: And he didn`t order him to minimum security, either, did he, Ray?

GIUDICE: He put him in the custody of the sheriff.

GRACE: So that would be a no, as well, correct?

GIUDICE: Well, that`s right. That`s right.

GRACE: OK. Alex Sanchez, what about it?

ALEX SANCHEZ, DEFENSE ATTORNEY: Look, the guy was sentenced to jail and his sentence should be consistent and the punishment should be consistent with everybody else. Now, if he goes to jail and they`re putting him in these very awkward or bizarre...

GRACE: OK, let me ask you something...

SANCHEZ: ... conditions, that`s...

GRACE: ... Alex Sanchez...

SANCHEZ: ... not fair. It should be equal...

GRACE: Alex...

SANCHEZ: ... to everyone else`s sentence there.

GRACE: Question. Question. Every other juvenile that is treated as an adult in that jurisdiction, this is what happens. They go and they are in isolation in the adult jail because they don`t have a juvenile wing.

SANCHEZ: Well, you know something? The warden should take necessary -- or make the necessary arrangements to change those conditions to put him in a separate wing to make sure that his penalty is not so overburdensome. He`s not a serial killer, Nancy. He`s 17 years old. He made a mistake.

GRACE: I don`t care...

SANCHEZ: He`s going to be penalized.

GRACE: ... that he`s 17.

SANCHEZ: You know, let`s be reasonable about this.

GRACE: His victim is on a ventilator. You know, I think an eight- month sentence is extremely lenient.

GIUDICE: But Nancy, it`s not...

GRACE: It is not even reasonable, it`s so lenient.

GIUDICE: It`s not the sheriff`s job to add extra punishment because he didn`t like what the judge ordered. The sheriff`s job...

GRACE: You know what?

GIUDICE: ... is to enforce the sentence.

GRACE: You guys are so off base! This guy, this little crybaby, is where he is for his own protection.

And he is actually -- to Dr. Robi Ludwig -- whining. While his victim`s on a ventilator, he is whining that he doesn`t have playing cards, a window view and cable TV. As a matter of fact, listen to this, Dr. Robi.

(BEGIN AUDIO CLIP)

NICK BOLLEA: I miss going to the Sandpearl (ph) with you.

LINDA: I know! I`m at the beach all by myself! It`s not the same!

NICK BOLLEA: I miss sitting out on the water on the boat with you. I miss just getting into the Escalade and going to Orlando.

LINDA: I know, baby! We`re going to do all of that, OK? We`re going to do everything, but...

NICK BOLLEA: I wrote down...

LINDA: ... we`re not going to do it here in (DELETED) Florida!

(END AUDIO CLIP)

(BEGIN AUDIO CLIP)

NICK BOLLEA: Had I know this, I would have rather gone to trial or I would have rather, you know, what`s -- appeal the case or something because, like, I can`t deal with this for eight months. It`s, like, half the size of my bathroom.

LINDA: Oh!

NICK BOLLEA: No windows or nothing, and, like, just one little, like, you know, like, top bed thing and...

LINDA: Oh, my God!

(END AUDIO CLIP)

GRACE: Well, that must be a really big bathroom because his cell is 12 by 16. That`s bigger than some actual apartments in Manhattan.

Dr. Robi, did you hear them talking about what they miss? They miss getting in the Escalade and going out on the boat.

ROBI LUDWIG, PSYCHOTHERAPIST: I think what concerns me most about this is that it`s really a parent`s job to help a child make connections between his behavior and what he did. And so the fact that Linda is somehow feeling sorry for him concerns me because then he`s not going to get the message.

GRACE: And it`s my understanding -- out to Maxine Page with "Life & Style Weekly" -- that the mom, Linda Hogan, is distancing herself from this motion, this motion just filed today asking that Hogan be released from jail while the victim is lying comatose on a ventilator. Why is she backing away from this motion, Maxine?

MAXINE PAGE, "LIFE & STYLE WEEKLY": I think she`s realizing it`s making the family look really bad. I think she`s realizing that Nick is not showing any remorse, and I think that`s the main reason why she`s distancing herself.

GRACE: And you would think, Dr. Robi, that after these tapes were made public, they would at least fake it and show a little remorse, issue a public statement about their remorse, reach out to the victim and the victim`s family regarding remorse. Instead, we get a motion filed in court today asking that Hogan be released from jail. Why? No playing cards, no window views, no cable TV.

Out to the lines. Judy in Texas. Hi, Judy.

UNIDENTIFIED FEMALE: Hello, Nancy.

GRACE: What`s your question, dear?

UNIDENTIFIED FEMALE: My question is, I would like to know how these people -- you know, they`ve been around so many people in their lives -- how they can have no sympathy for the family, the mother, the father, any other relatives of this young man that`s 23 years old, been in Iraq. And he`s going to be there the rest of his life and that`s -- and they`re worried about him not being able to go outside and get some fresh air? I think that`s appalling.

GRACE: What about it, Pat Brown? You`ve seen it all. You`re a criminal profiler and author.

PAT BROWN, CRIMINAL PROFILER: Well, let`s face it, this is a spoiled boy and this is a spoiled family with lots of money. That`s true.

I do think, though, that what they`re leaning on is a question of equal responsibility. Now, I know you`re going to get mad at me for saying this, but you had two men who were drinking, two men who got into the car, two men who realized that there was going to be speeding and one man who didn`t put the seatbelt on. Now, that doesn`t mean that Mr. Hogan isn`t at fault for what he did. But the fact is, I think the family says, Look, it was an accident. Both the guys have -- this is the way they party. They drive fast. They party. They have fun. It was a horrible accident. And when they talked about, you know, maybe -- why maybe that happened to him, I think they were talking about karma in their own private conversation.

GRACE: Pat Brown? Pat Brown...

(CROSSTALK)

GRACE: Pat?

BROWN: Yes?

GRACE: Number one...

BROWN: Yes?

GRACE: ... in a correctional facility, there is no private phone conversation.

(CROSSTALK)

GRACE: I would like to finish! I would like to finish, Pat!

BROWN: I would think mine would be private if I called my son in a correctional institution and was chatting with him. I would think maybe, yes, for law enforcement, but not for the general public so it could go on television? That`s ridiculous.

GRACE: Are you done?

BROWN: Yes, I`m finished.

GRACE: OK. There are placards by every telephone stating, Your phone calls...

BROWN: OK.

GRACE: You said you were finished! Your phone calls are not private, period. End of story. There is Freedom of Information Act where these phone calls can be made public. End of your first point. And number two, whenever anybody drinks and drives and crashes, that`s not an accident, that is a decision to drink and drive.

BROWN: That is correct.

(CROSSTALK)

GRACE: And again...

(CROSSTALK)

GRACE: Thank you a lot.

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

UNIDENTIFIED FEMALE: Hi, Nancy. How are you?

GRACE: I`m good, dear. I`m a little disturbed that the perpetrator in this case, who has pled guilty in court -- he could have gone to trial if he didn`t think he was guilty, but has pled nolo in court is now whining he doesn`t have a window view, when the victim in this case will never, ever walk again.

UNIDENTIFIED FEMALE: Yes, poor Nick, right? But my question is, if he (INAUDIBLE) trial for vehicular homicide, because this is ridiculous.

GRACE: I would say yes. And everybody, you`re seeing video from VH- 1`s "Hogan Knows Best" reality show.

Out to the lawyers, Alex Sanchez, Ray Giudice. What about it, Alex Sanchez, if the victims dies?

SANCHEZ: I think it`s within the realm of possibility, but I think it`s unlikely. I think the prosecutor took this information into consideration at the time they offered a plea to this gentleman.

GRACE: Disagree. Ray Giudice, if there is a death, the question was, is it possible to go and re-charge with vehicular homicide?

GIUDICE: Absolutely not. Not a chance. It`s double jeopardy, same facts, same party, same evidence, case closed. He pled. That was the state`s decision.

GRACE: Interesting that you would think that with the additional factor of a death...

GIUDICE: Won`t change the facts.

GRACE: ... it would be, as I was stating, double jeopardy.

I want to go back out to Rory O`Neill with Metro Networks. When was the motion filed?

O`NEILL: Well, we have this latest motion filed on Friday. There`s also been some activity in the civil case that`s going on, that`s been developing over the past couple of days, as well. So both courthouses are seeing some activity.

GRACE: Out to the lines. Mike, in Indiana. Hi, Mike.

UNIDENTIFIED MALE: Hi, Nancy. I`m your biggest fan. I just want to say hello.

GRACE: Thank you, dear. What`s your question?

UNIDENTIFIED MALE: I used to be a huge Hulk Hogan fan.

GRACE: Me, too.

UNIDENTIFIED MALE: And not anymore. I don`t want anything to do with him. I just want to know if Nick, the big crybaby, is going to get good time or two days (INAUDIBLE)

GRACE: Oh, yes, he will definitely get good time. In other words, if you get sentenced to eight months in a local jail, he`s probably looking at three to four months max.

Let`s go out to two special guests joining us tonight, George Tragos, co-counsel for the victim in this case. Also Kim Kohn, co-counsel for the victim in this case. To you, George Tragos. Thank you to both of you for being with us. George, what is the state of the victim tonight?

GEORGE E. TRAGOS, CO-COUNSEL FOR CRASH VICTIM: Well, he`s still in a semi-conscious state. He responds to stimuli. He still has part of his skull removed. You know, obviously, the brain damage -- you know, brains don`t heal, and he`s going to be suffering for the rest of his life, 24/7. He`s going to need care 24/7. And it`s kind of hard for me, when I compare that, to feel sorry for Nick.

GRACE: Kim Kohn, again, thank you for being with us. What do you make of this motion?

KIM KOHN, CO-COUNSEL FOR CRASH VICTIM: I think it`s pretty embarrassing to the Hogans. The fact of the matter is that Judge Federico (ph) specifically said to Nick Bollea that part of his punishment was the eight months in the county jail, and that`s what he got and that`s what he needs to do.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: John was my closest and best friend. He was my confidant. He would protect me like an older brother. He`d make me put on a sweater if I was showing too much skin.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

HULK HOGAN: My son has really deeply been affected by what occurred in this accident. What I don`t want to see happen is another tragedy. Nick`s going to have to live with this experience the rest of his life. But I would ask you to give him a chance to prove to you and all society that he can be a responsible member of our society and to be judged fairly, just like anyone else in this situation that`s a minor.

(END VIDEO CLIP)

GRACE: The victim in this case, a 23-year-old Iraqi war veteran, is comatose, on a ventilator, having part of his frontal lobe removed. And now we learn Hulk Hogan and his family on the phone not only planning to make a reality TV show out of this and make a buck off of it, but now actually filing formal documents in court -- you are seeing a shot of the victim right now. That is his life. What you are seeing from this point on, this is it. And Hogan`s family actually going to the judge and demanding that Hogan be released from jail. Why? Because he can`t play cards, can`t have unlimited phone use, no window view. Incredible!

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

UNIDENTIFIED FEMALE: Hi, Nancy. I just have a question. Can the family file a civil suit against the Hogan family, the family of the victim?

GRACE: To Kim Kohn, co-counsel for the victim in this case. Kim Kohn, respond, please.

KOHN: Yes. And in fact, we did file a lawsuit on behalf of John Graziano not only against Nick Hogan but against Linda and Terry (ph) Hogan, as well, for negligent parenting and supervision over Nick.

GRACE: You know, George Tragos -- also co-counsel for the victim`s family -- I understand part of your lawsuit, but do you really think you have a chance to recover against Hulk Hogan and his wife for bad parenting?

KOHN: Absolutely. Florida has statutes, especially the Hulk because he owned the car. He signed the statement that let Nick get a driver`s license. In Florida, that makes him responsible because he`s the parent and the child is a person that is responsible to the parent. And he knew how fast he drove.

GRACE: But what surprises me, George Tragos, is that this is not Hogan`s first drag racing incident.

TRAGOS: No. He was stopped twice on one road called "alligator alley" in Florida going over 100 miles an hour, within 19 miles, two separate troopers. And who`s sitting in the passenger seat? His dad, giving excuses for why they were going over 10 miles an hour. His dad knew exactly how he drove.

GRACE: Everybody, we are taking your calls live. with us tonight, the victim`s attorneys.

But quickly, to "Case Alert." A Texas judge signed an order sending over 400 children rescued from an FLDS polygamist compound back behind compound walls. Child Protective Services maintains the right to visit and interview the children, and the judge has told the parents and children to stay in Texas. Right.

(COMMERCIAL BREAK)

(BEGIN AUDIO CLIP)

NICK BOLLEA: Had I know this, I would have rather gone to trial or I would rather, you know, appeal the case or something. I can`t deal with this for eight months. It`s, like, half the size of my bathroom.

LINDA: Oh!

NICK BOLLEA: No windows or nothing, and, like, just one little, like, you know, like, top bed thing and...

LINDA: Oh, my God!

(END AUDIO CLIP)

GRACE: He`s complaining about the size of his room that he`ll probably be in for about four months, while the victim in this case is comatose. I wonder what that`s like? Having visited many, many crime victims in hospitals, I`m very, very disturbed that the focus tonight, even after being outed on these public tapes, is all about Hogan, Hogan, Hogan, Hogan, Hogan. And this coming from a former Hulk Hogan fan.

Out to the lines. Richie in Texas. Hi, Richie.

UNIDENTIFIED MALE: How are you doing?

GRACE: I`m good, dear. What`s your question?

UNIDENTIFIED MALE: Why is this family even being allowed preferential treatment?

GRACE: You know what, Richie? I wonder that, plus I wonder why they`re going to got a reality show about this. What about it, Dr. Robi?

LUDWIG: Well, I think part of it`s the fame. And with fame comes a certain amount of entitlement, both for the famous and people who are interacting with the famous. There is a little bit of this halo effect, and I think in this case, it`s really disrupted the way the family is considering this incident.

GRACE: And especially with the victim in a semi-conscious state with no hope of a recovery.

(COMMERCIAL BREAK)

(BEGIN VIDEOTAPE)

NICK HOGAN, HULK HOGAN`S SON: I`m really freaking out, dad, because you know how they said they were going to move me?

HULK HOGAN, WRESTLEMANIA AND REALITY TV STAR: Yes.

N. HOGAN: OK. Well, the captain came in and said he could move me, you know, so he said that he was going to put me in this area, you know, it`s like -- he said he could move me, but he can`t put me with other people because of my age, you know?

H. HOGAN: Yes.

N. HOGAN: So he said, man, (EXPLETIVE DELETED), he moved me to security. I`m in maximum security and they put me in this room that`s like -- it`s like the other room at least had like one window where I could see out to the yard, you know, and I could wave at them and I could, like, you know, at least get his attention.

H. HOGAN: Yes.

N. HOGAN: I miss going to Sandpearl with you.

LINDA HOGAN, HULK HOGAN`S WIFE: I know. I`m at the beach all by myself. It`s not the same.

N. HOGAN: I miss sitting out in the water on the boat with you, I miss getting into the Escalade and going to Orlando.

L. HOGAN: I know, baby. We`re going to do all of that. OK? We`re not going to do everything -- we`re not going to do it here in (EXPLETIVE DELETED) Florida.

(END VIDEO CLIP)

GRACE: OK, wait a minute, let`s clear something up.

Dr. Robi, was that -- you think that`s actually crying? What was that?

ROBI LUDWIG, PSYCHOTHERAPIST, AUTHOR OF "TILL DEATH DO US PART": I think that was. I think.

GRACE: No, I don`t think it was.

LUDWIG: No?

GRACE: It`s totally fake.

LUDWIG: Well, it was the mother, though.

GRACE: Yes, it was the mom.

LUDWIG: I think that she was crying that she could not be with her son and she totally.

GRACE: In the Escalade and out on a boat.

LUDWIG: Totally missed the point which is disturbing because this child could actually next time he could be the one lying in bed if he does not learn his lesson sooner rather than later.

GRACE: Out to the lines. Beth in North Carolina. Hi, Beth.

BETH, NORTH CAROLINA RESIDENT: Hi, Nancy. God bless you for the work that you do.

GRACE: Thank you.

BETH: My question is, I would like to know, is there any way that a judge could prevent the Hogans from profiting from this man`s misfortune, such as a talk show or a book even?

GRACE: Here`s the bad part. There is no Son of Sam law, Beth in North Carolina. Son of Sam, you remember the New York serial killer, Son of Sam, who tried to profit off of his murderous spree. That went all the way to the U.S. Supreme Court.

And in that case, which actually dealt with "Goodfellas" and wise guys, it was determined that you can profit from your crimes. However the way to stop it is to file a lawsuit.

Do you plan, George Tragos, to file such a lawsuit? I know you`ve already filed a lawsuit, but to snare any profits made off of a reality show. I believe they were calling it "The New Nick" when he got out of jail?

GEORGE E. TRAGOS, CO-COUNSEL FOR HOGAN CRASH VICTIM JOHN GRAZIANO: Absolutely. We have to do things like that to get their money so that John can have a decent life. If I were them, why won`t they just say, look, we`re going to give you all the profits from this show so that John can have a life, the life that he should have, the best life he could have under the circumstances.

But instead of that, look, we`re going to pocket all the money, to heck with John.

GRACE: And you know -- to Kim Kahn, also co-counsel for the victim in this case, John Graziano -- Kim, they have been outed, all right? They`ve been busted. We`ve heard them whining about how they miss their can Escalade and being out on a boat while their victim is in a semiconscious state on a ventilator. It seems that even if they weren`t genuine, they could at least man up, brother, as Hogan says on his reality show all the time.

At least pretend you`re sorry for the victims. And be back on top, Hulk Hogan, you man up, brother, and offer to give the proceeds to the victim`s family. You got plenty of money. Spreads it around, what about that, Kim Kahn?

KIM KAHN, CO-COUNSEL FOR HOGAN CRASH VICTIM JOHN GRAZIANO: I`m with you, Nancy. You know what we`ve learned about the Hogans through these tapes is that they`re self-serving hypocrites. It`s all about protecting their assets. And the fact of the matter is, and George is correct, that they should man up and they should make these profits go towards John`s health care.

And instead it`s all about them and me, me, me and poor woe is me. What about John? How would Nick Bollea like one day, one hour to be in the personal cell that that John Graziano is in? I don`t think he`d like that either.

GRACE: Elizabeth, see if you can find the sound where they are discussing the reality show and Hogan said, "Who do you want this show with, to produce?" and he goes, "Whoever I can make the most money with?

I want to go to Baltimore, Maryland, to Dr. Leigh Vinocur, emergency room physician.

Dr. Vinocur, thanks for being with us.

DR. LEIGH VINOCUR, EMERGENCY ROOM PHYSICIAN: My pleasure, Nancy.

GRACE: Describe to me what these injuries mean.

VINOCUR: Well, you know, without examining him it`s hard to say. But it sounds like he had a very severe traumatic brain injury. The fact that they had to remove a piece of his skull, take out some of his frontal lobe which controls emotion and personality, probably because he had a lot of bleeding and a blood clot there.

If he even could possibly recover, which is doubtful, he would be a completely different person. So it sounds like a very severe traumatic brain injury with a very good chance that he will never recover and always need lifelong care.

GRACE: Out to the lines, to Nancy in Florida, hi, Nancy.

NANCY, FLORIDA RESIDENT: Hello.

GRACE: What is your question, dear?

NANCY: In Florida I thought they had a mandatory minimum for drag racing. Did he not get charged with drag racing?

GRACE: Excellent question. Out to Rory O`Neill with Metro Networks, what about it?

RORY O`NEILL, REPORTER, METRO NETWORKS: Well, he was charged with reckless driving so that wasn`t -- drag racing was not the -- that is the legal termination -- term there. Drag racing was the crime with which he was charged. Just reckless driving was the one to which he pled guilty.

GRACE: And to Maxine Page with "Life & Style Weekly," we already see on a possible five-year sentence, he got eight months. On eight months in the county jail, you normally do about four months.

What is the industry making of the release of these tapes? How has it hurt the Hogan family?

MAXINE PAGE, WEST COAST EDITOR, LIFE & STYLE WEEKLY: I think there`s been a little shocked at the tapes. I mean they`re very difficult to justify. They`re absolutely outrageous, and you know, talking about having your own reality show when your best friend is lying in a coma.

I mean it`s just absolutely outrageous. There`s no way to justify them.

GRACE: I`m glad you mentioned that, Maxine.

Take a listen to this.

(BEGIN VIDEO CLIP)

N. HOGAN: Will you work on that reality deal?

H. HOGAN: Yes.

N. HOGAN: For me, and get that thing lined up so the minute I walk out of wherever I walk out of it`s there, boom.

H. HOGAN: Can you do it while you`re on probation?

N. HOGAN: Yes, of course.

H. HOGAN: Yes. So do you want to do it with Pink Sneakers or do you want to do it with someone else?

N. HOGAN: I want to do it where I`ll make the most money.

H. HOGAN: Well then you need to do it with me, Jason and Eric.

N. HOGAN: OK.

H. HOGAN: You know if I`m producing the show I won`t screw you know that.

N. HOGAN: Yes, of course.

H. HOGAN: I`ll get you everything. I`ll make you an owner.

N. HOGAN: Yes.

H. HOGAN: You own the show.

N. HOGAN: Yes.

H. HOGAN: Yes. So let me get to work on that with Eric tonight. He`s here, too.

N. HOGAN: OK, cool.

H. HOGAN: So, dude, we can get that pulled off, dude.

N. HOGAN: Reality.

H. HOGAN: "The New Nick" -- we`ll call it "The New Nick" or something, or something. We`ll have to come up with a good name. Think of a good name.

N. HOGAN: I`ll be thinking of a good name.

H. HOGAN: The.

N. HOGAN: It will be reality how I`m getting back on my feet and how I`m recovering after the celebrity out of jail.

(END VIDEO CLIP)

GRACE: Celebrity out of jail. Reality check, you`re not a celebrity. Your dad is a celebrity.

Out to the lines, Darryl Darrell in South Dakota, hi, Darryl.

DARRYL, SOUTH DAKOTA RESIDENT: Hi, Nancy, I have a question.

GRACE: OK.

DARRYL: The Hogan`s biggest complaint was that John was not wearing a seat belt. In Florida, is it not the responsibility of the owner of the vehicle or the driver of the vehicle to make sure that passengers are fastened up before they even begin?

GRACE: You know what? Darryl, that`s an excellent question. Let`s go out to the lawyers.

Out to Ray Giudice. What about the driver`s responsibility to make sure everybody`s belted up?

RAY GIUDICE, DEFENSE ATTORNEY: Nancy, there is some. The driver`s got to make sure that his passengers are safe. He`s got, like, an obligation to the passengers. But as Pat Brown was actually alluding to earlier, there is assumption of the risk defense that the defendants are going to bring up in this lawsuit that the passenger assumed the defense.

He knew about this man`s driving. They were drinking together and, by not wearing his seat belt, he assumes some of the risk.

GRACE: So let me get you back to the yes or no question, Ray.

GIUDICE: The answer is yes.

GRACE: The answer to Darryl`s question.

GIUDICE: He has some responsibility.

GRACE: . it is the driver`s responsibility.

GIUDICE: He has some responsibility as does the passenger.

GRACE: OK. Thanks. Thanks. So the answer, Darryl, is yes.

To Cheryl in Missouri. Hi, Cheryl.

CHERYL, MISSOURI RESIDENT: Hi, Nancy.

GRACE: What`s your question, dear?

CHERYL: Nancy, I don`t have a question. I have a comment.

GRACE: OK.

CHERYL: I think you`re being too judgmental.

GRACE: OK.

CHERYL: John was (INAUDIBLE) who knew that there was drinking and racing and got into the car. He was not a kidnapped victim. He knew what was going on. It makes none of it right, what Nick did, but you`re being too judgmental. He knew what was going to happen.

GRACE: OK thanks.

To John in Florida. Hi, John.

JOHN, FLORIDA RESIDENT: Nancy, love your show. I also agree with the last comment that they`re equally culpable. And I wanted you to clarify was the victim drinking and did he voluntarily enter the vehicle?

GRACE: Good question. What about it? Maxine Page, do we know whether the victim had been drinking?

PAGE: He had been drinking. He had been drinking with Nick previously. And he willingly entered the vehicle.

GRACE: And so for drinking and not wearing his seat belt, he has a life sentence. So I guess John in Florida and Cindy -- Cheryl in Missouri, I guess he got what you want him to get. He`s got a life sentence on the ventilator.

When we come back, Oscar winning actress, Tatum O`Neal busted, charged with buying crack cocaine just blocks from a luxury apartment.

And tonight we stop to remember Army Private Ross McGinnis, 19, Knox, Pennsylvania, killed, Iraq. Today, President Bush presents the Medal of Honor, the nation`s highest military award. And this is why.

McGinnis died saving the lives of four comrades. At this young age, he had the wherewithal to throw himself on a live grenade tossed into their Humvee. McGinnis describe by the president as carefree, dependable, sense of humor. The only one in boot camp who could make his drill sergeant laugh. He lost his life protecting others.

Ross McGinnis.

And tonight we salute our troops.

(COMMERCIAL BREAK)

MANDY MICUM, SALUTING THE TROOPS: This is Mandy Micum and my family is currently stationed at Ft. (INAUDIBLE) Virginia. We want to salute my husband, Sergeant David Micum and the (INAUDIBLE) company who are currently deployed for 15 months in Iraq.

We love you, David, and we are all so proud of you. Keep everyone safe. (INAUDIBLE) Baby Carson and I are counting down the days until you are all home.

(END VIDEO CLIP)

(NEWSBREAK)

(BEGIN VIDEOTAPE)

UNIDENTIFIED REPORTER: Actress Tatum O`Neal has been released without bail after being arrested for buying drugs. Police in Manhattan say she had two bags of cocaine on her pocket when she was arrested last night.

The 44-year-old didn`t speak at today`s arraignment on a misdemeanor charger. The DA recommends she get drug treatment.

O`Neal won an Oscar for her role in "Paper Moon" in 1973.

TATUM O`NEAL, ACTRESS: I had gotten very sick publicly and I think it`s important when you`re an actress and I had been public, people were photographing me and buying me out. I was not getting away with it.

I`ve been to many treatment centers, yes.

(END VIDEOTAPE)

GRACE: The youngest actress ever to win the Oscar for her appearance in "Paper Moon." This is a woman who has apparently lost everything, custody of her three children with John McEnroe, a career, so much of her life due to a drug addiction. Tatum O`Neal.

Out to joining us by Rupa Mikkilineni, standing by there at the arrest scene, joining us by Internet.

Rupa, what happened?

RUPA MIKKILINENI, NANCY GRACE PRODUCER: Well, Nancy, first of all, let me tell you I`m standing here on the lower east side of Manhattan where Tatum O`Neal -- actress Tatum O`Neal was arrested last night for allegedly buying drugs.

Now this neighborhood used to be known -- it`s right behind me here in this area (INAUDIBLE) as you can see. It used to be known as edgy, a borderline area. But in recent years, it`s become trendy and swank, a place where Hollywood actors and Wall Street tycoons, and even starving artists all live by side by side.

Now last night at 7:30 p.m. she was busted allegedly by the police for attempting to buy drugs.

Here`s what we do know. This area where she was busted just -- is right behind me. It`s right around the corner in front of a Chinese restaurant and also a Chinese takeout restaurant which is only a few blocks from where she lives. Now she lives in a luxury condominium complex, high rise, just about three blocks away from this area and it`s across the street from Stewart Park.

Now today when I was canvassing the neighborhood, I spoke with some people in the neighborhood, and residents here indicate that Stewart Park is notorious drug dealer hangout.

So the real question is, why was she a few blocks away from Stewart Park where all the drug deals are usually going down? She was found two blocks away near this Chinese restaurant.

Now she was arrested, she was taken into custody last night. She spent the night in jail, had her arraignment this afternoon, and was released of her own reconnaissance, meaning without bail. And Nancy, she`s now been charged with criminal possession of a controlled substance and -- which carries up to one year sentence in jail maximum.

GRACE: Speaking of being arraigned in court today, joining us right now, a radio legend, Irene Cornell with WCBS Radio, in court today.

Irene, we all feel like we know you. Thank you for being with us. What happened in court?

IRENE CORNELL, COURTHOUSE REPORTER, WCBS RADIO: Thank you, Nancy. This courtroom scene was literally a walk on the park for Tatum O`Neal, a cameo appearance. It took just a matter of minutes and life had brought her here.

The woman we remembered as an Oscar winning child star at age 10 was now in the role of a troubled middle aged actress struggling to keep her career on track with her lifelong problem with drug addiction apparently surfacing again.

Now she told detectives -- police reported that when they approached her, she said, you know who I am, right? I`m researching a part. I`m just doing this for a part. She told them further that she had been clean for two years and this was her first time coming out. Can`t we just forget about this, she begged the detective.

A likely story is the way they viewed her claim. They took her in, along with the suspected drug dealer Allan Garcia. Now clearly they had been watching him and they saw him in conversation with Tatum O`Neal on the corner of Clinton Street near Broadway.

They saw him go into a bodega, she waited outside and he came out and passed her a yellow package. She handed him money and that was basically it.

Again, the DA did offer her drug treatment in return for a guilty plea but she turned that down, so she`ll be back in court next month.

GRACE: Irene Cornell, was it powder cocaine or crack cocaine?

CORNELL: We`ve been told that it was both, one of each in the two yellow zip-lock bags.

GRACE: Everyone, you are seeing a clip from "Paper Moon" from Paramount Pictures.

I want to go to Pat -- Brad Lamm at www.bradlamm.com. He is an interventionist.

You know, this woman has lost custody of her three children, her most precious, precious blessings. She is trying to make a career come back and now this.

BRAD LAMM, CERTIFIED INTERVENTIONIST, WWW.BRADLAMM.COM: Well, what do you make of it? I think you -- she`s talked publicly about her very public struggle with drugs and alcohol.

Nancy, I`m going on being clean and sober for almost six years now and I know personally what it is to struggle with drugs and alcohol. So I think the struggle is to stop and stay stopped. So if she`s in the spotlight and she`s having trouble staying stopped, it`s a wakeup call that many people face that you can get back on track.

You can recover and for a lot of people it`s the friends and family that help offer the support to get you back on track.

GRACE: Now you`re seeing "Rescue Me" from the FX Network.

Very quickly to Alex Sanchez, with just a user, just an addict, I always had -- the same plea, just an addict gets Alcohol Narcotics Anonymous, random drug and alcohol screening, 40 hours community service, probation and counseling. What`s wrong with that?

ALEX SANCHEZ, DEFENSE ATTORNEY: There`s nothing wrong with that. She`s facing a maximum of a year in jail but it will probably be reduced to something known as disorderly conduct and she might do some community service.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

O`NEAL: I think I was a little girl trying desperately to kill myself, not knowing really how in the book which I talk about. And then as an adult, I came perilously close.

(END VIDEO CLIP)

GRACE: Tatum O`Neal busted for allegedly purchasing crack cocaine.

To Dr. Leigh Vinocur, the emergency room physician joining us from Baltimore -- Dr. Vinocur, she alludes to it`s in my DNA, my mom had drug and alcohol problems. Is that dependency actually hereditary or genetic?

VINOCUR: Well, there is this belief now that there is a -- generic predisposition and there`s a belief that even it can regulate some of the proteins for how you react to a drug. Why some people can drink alcohol or take -- well, taking drugs you shouldn`t do. But some people can drink alcohol and become addicted and some people can just drink it occasionally, casually, you know, every day and still not be addicted.

So there is that belief now.

GRACE: To Lisa in Florida. Hi, Lisa.

LISA, FLORIDA RESIDENT: Hi.

GRACE: What`s your question, dear?

LISA: Hi, Nancy. I just wanted to ask, supposedly she was doing research for a movie role?

GRACE: Yes.

LISA: As to when they found the drugs. And I would like to know what movie role that is?

GRACE: Lisa, I don`t think there is a movie role. She also had a crack pipe with her. But the crack pipe tested completely negative for drugs. What about it, Robi?

LUDWIG: Yes. I mean I think that she was.

GRACE: The parenting.

LUDWIG: The parenting? I really -- when I see her I feel sorry for her. I feel like she never really got the parenting she needed and she also has a predisposition to being addicted. So I just feel bad for her. The support systems were not in place for this girl.

GRACE: Yes, I heard beating a drug habit had been an example for so many people.

Let`s stop and remember Army Corporal Evan Marshall, 21, Athens, Georgia, killed, Iraq on the second tour, awarded the Bronze Star, Purple Heart and other medals. Quiet, witty, loved video games. Leaves behind parents, Andrew and Sheila, sister, Alice.

Evan Marshall, American hero.

Thanks to our guest, but especially thank you to you for inviting all of us into your homes. I`ll see you tomorrow night, 8:00 sharp Eastern, and until then, good night, friend.

END