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Nancy Grace

R. Kelly Acquitted on All Counts

Aired June 13, 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. Music superstar R. Kelly hits the headlines when a bootleg home video emerges allegedly starring Kelly and a 13-year-old girl. The video, state`s exhibit number one, a shocking 27-minute grainy home video of multiple sex acts with a child. But even with bombshell evidence on video, just hours ago, the R&B singing megastar walks free. That`s right, even with the alleged crime caught on video, a Chicago jury hands down a not guilty verdict on multiple counts of child pornography.
(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: It`s been a long wait, but the verdict in R. Kelly`s child pornography trial has been reached. The jury found R. Kelly not guilty on all 14 counts after less than a full day of deliberations. Back in 2002, R. Kelly pleaded not guilty to 14 counts of videotaping himself having sex with an underage girl. Prosecutors say that girl was 13 years old at the time.

R. Kelly cried as the verdict was read. He hugged his four attorneys. The defense argued during the trial that the man in the video could not have possibly been R. Kelly because the man in the video did not have a mole on his back, and R. Kelly does. R. Kelly and the alleged victim, now 23, deny they are the ones on the tape. Neither testified at the trial. R. Kelly found not guilty on all counts.

(END VIDEO CLIP)

GRACE: And tonight, caught on video, a 62-year-old Catholic school teacher pummelled by a cowardly punk. Take a look at this. The 18-year- old thug with an extensive alleged criminal history beats the teacher about the face and head, pushing her to the ground, all the while wrestling away the spunky senior`s purse. Location of the brutal attack, right under a stone cross at the gates of the Good Shepherd school, all caught crystal clear on surveillance video. As we go to air tonight, a break in the case.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: A shocking beating and robbery of a beloved Catholic school teacher, and it was all caught on tape. Sixty-two-year-old Patricia McGowan (ph) was getting an early start on the day when she arrived at school around 6:40 in the morning. As she was entering the school gate, a thug strikes right under a cross, beating and punching Patricia down to the ground, stealing her bags and running off, only to double back and steal her car, the whole thing caught on video.

UNIDENTIFIED MALE: It`s sickening. It`s sickening that something like this could happen and then he can come back and take her car, leave the scene and still come back and take the car.

UNIDENTIFIED FEMALE: It was pretty scary and -- because my car was right out in front, as well. So I said, Oh, if I really left for work early that day, could have been me.

(END VIDEO CLIP)

GRACE: Good evening. I`m Nancy Grace. I want to thank you for being with us tonight. Music superstar R. Kelly hits the headlines when a bootleg home video emerges allegedly starring him, Kelly, and a 13-year-old girl. The video, state`s exhibit number 1 is a shocking 27-minute grainy home video of multiple sex acts with a child. But even with bombshell evidence, just hours ago, the R&B singing megastar walks free.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Prosecutors called 22 witnesses over seven days to make their case. Their star witness was a woman who said that she took part in a three-way with the singer and the alleged victim, who may have been as young as 13 at the time. Now, the 27-minute video, it was a very, very graphic videotape. It was central to that case.

UNIDENTIFIED MALE: In the video the woman dances around naked to music, talking dirty to the, man who the prosecution alleges is Kelly. She also calls the man, Daddy.

UNIDENTIFIED FEMALE: Hours of testimony was spent discussing a mole on the singer`s back, reportedly on the singer`s back. That was actually even up for discussion, believe it or not. The defense argued the man in the tape did not have one. Neither Kelly nor the alleged victim took the stand. Several of the women`s childhood friends and relatives testified she was the person in the videotape. It seems that that was not enough for jurors to convict the Grammy Award winner on 14 counts of child pornography.

(END VIDEO CLIP)

GRACE: Incredible. Out to CNN correspondent Lola Ogunnaike. Lola, what happened?

LOLA OGUNNAIKE, CNN CORRESPONDENT: Well, he got off, Nancy, and no one more than me is shocked about this. I thought for sure that he was going to go down. I`ve seen the videotape. I saw the graphic nature of the videotape, and I thought for sure he was going to not make it out of there alive, and apparently, he did. In Chicago, R. Kelly, is a golden child and they did see fit to acquit him.

GRACE: Sound like a little bit of home cooking, Lola Ogunnaike. Now, I think, after state`s exhibit number one, that being the video, on video, allegedly, R. Kelly with a 13-year-old girl, multiple sex acts, possibly some of his Grammy-winning hits should have come in such as "Your Body Is Calling," "Bump and Grind," "Feeling on Your Booty." Those are his hits?

OGUNNAIKE: He has never been one to shy away from sexually explicit material, Nancy Grace. I mean, one of his hits is called "Ignition." It`s about sticking his key in the ignition of his paramour`s car. I mean, he`s got things like -- you said "Feeling on Your Booty," "you remind me of my Jeep." The lyrics are, "You remind me of my jeep, I want to ride you." This is the type of material he`s put out there for years. So for someone to turn around and pretend that this guy is some paragon of moral virtue and he`s a Boy Scout, it`s incredibly hard for me to believe.

GRACE: You know, there are other cases, such as Michael Jackson, where the lyrics of his song are not so sexually suggestive. But here, Kelly doesn`t even pretend to be a Disney character. I mean, he puts it right out there. And you got to take a look, Lola Ogunnaike, at his history. If I recall, and correct me if I am wrong, there have been four lawsuits, civil lawsuits against him regarding underage girls, two of them settled. He claims in an interview with BET that they were settled simply because his lawyers told him to.

Also, a stripper/dancer claimed that she did not know their sex acts were being videoed. I mean, the list goes on and on and on. And not to mention the marriage to then 15-year-old star Aaliyah. If they got married when she was 15, later annulled, how old was she when he started let me euphemistically say, dating her?

OGUNNAIKE: She was around 14 or 15 when they first started dating. And the Aaliyah marriage was quickly annulled once her parents found out. Dating, indeed.

But the interesting thing here is that despite the evidence, despite the history of suggestive lyrics and suggestive music, and despite the fact that millions of people have seen this videotape -- it`s been on YouTube. This thing was sold in Harlem, on the streets, in Chinatown, bootleg versions. This thing was sold at Tower Records. Despite the fact that millions have said this and in the court of common opinion, it`s him, this jury saw fit to not indict him and saw fit to believe that it was not him.

That is what`s interesting to me. What is going on in Chicago? Because in Harlem, in Chinatown in New York and across the Internet, everyone who`s seen the videotape, including my self, thinks it`s him. So what are these people seeing?

GRACE: Yes, it`s incredible. And we`re now going to go out to Kathy Chaney with "The Chicago Defender, in court. Kathy what turned the jury to a not guilty?

KATHY CHANEY, "CHICAGO DEFENDER": Well, they said that it wasn`t an issue for them of whether it was him in the tape or not because he is an adult. The issue was whether it was her or not. And there was a lack of evidence that it was her. They didn`t study the sex tape long. They actually used the still videos from the videotape because they said they saw the tape one too many times in the courtroom. But they said they studied videos from when the alleged victim was in a music group. They studied pictures of her that previous witnesses had given the prosecution. And they just could not 100 percent say that it was her. So it wasn`t an issue for them whether it was him in the tape or not, they wanted to find out if it was her.

GRACE: Kathy -- with us, Kathy Chaney with "The Chicago Defender," in court during what many consider to be a huge debacle and setback not only for children`s rights but women`s rights, as well, megastar, R. Kelly just acquitted on 14 counts of child pornography after a grainy homemade video emerges six years ago of R. Kelly allegedly in multiple sex acts with a then 13-year-old girl. Is it true, Kathy Chaney, that the alleged victim did not testify?

CHENEY: She did not. She testified at a grand jury in 2002 and said it was not her. And her parents also testified to the grand jury and said it was not her.

GRACE: You know what, Kathy? I`m sorry, you cut out on me. She testified to what?

CHENEY: To a grand jury in 2002 that it was not her. And so did her parents.

GRACE: Let`s go out to the lawyers. PS, we are taking your calls live. To Eleanor Dixon, felony sex crimes prosecutor out of Atlanta, Penny Douglas Furr, defense attorney out of Atlanta, and Christopher Emils (ph) joining us out of New York.

That`s the problem, Eleanor Dixon. It`s all caught on video, but when you don`t bring the victim in, the jury may think, You know what? I think it`s her. I think it`s him. But if she doesn`t care enough to testify, who knows? Has money changed hands? Why isn`t she in court? I get it.

ELEANOR DIXON, PROSECUTOR: Well, and it`s almost easier to explain if she came in and said, Hey, it`s not me. You could get an expert witness to explain why a victim may say that. So that`s why you need her.

GRACE: What about it, Penny?

PENNY DOUGLAS FURR, DEFENSE ATTORNEY: Nancy, this is the major problem with children that are 14 and 15-year-olds. They do not have the capacity really to consent to the sexual act, and they don`t complain about it at the time. They don`t understand they can complain. This is not the first case where someone said, Well, nobody complained about it then, so we`re overlooking it now. But with no victim, it`s hard to get a conviction, Nancy.

GRACE: Take a listen to this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Major breaking story. Superstar R. Kelly has been found not guilty in his child porn trial. The jury`s verdict came just hours ago after six years of delay. Kelly, perhaps most famous for his song "I Believe I Can Fly," flew. He cried and held his attorneys` hands while the decision was read in court. Prosecutors argued the Grammy Award-winning singer was the man in a graphic sex tape involving an underage girl. But in the end, jurors just didn`t see it that way.

UNIDENTIFIED FEMALE: A Chicago jury has just acquitted R&B singer R. Kelly on child pornography charges after deliberating for less than a day. Back in 2002, Kelly was charged with 14 counts of videotaping himself having sex with an underaged girl, who prosecutors say was as young as 13. Both Kelly and the alleged victim, now 23, have denied being the people seen on the tape.

(END VIDEO CLIP)

GRACE: Out to the lines. Julia in Utah. Hi, Julia.

UNIDENTIFIED FEMALE: Hi.

GRACE: What`s your question, dear?

UNIDENTIFIED FEMALE: Well, I wanted to know why -- when these people with money like this can get away without having a quick trial so that it can be taken care of, because on me, I`ve never been able to get anybody to help me.

GRACE: You know, Julia, it`s called celebrity justice. And in this case, there`s a little home cooking, as well. He is from this area. He is a cult figure in this area. You should have seen outside the courthouse today. Mothers brought their children to cheer for R. Kelly. Here`s a guy charged with child pornography. Look at this indictment. It`s as thick as a magazine. Child pornography, and they had children out there cheering for him.

To you, Jeff Gardere, psychologist and author. It`s such a cult to worship celebrities, they can basically get away with anything.

JEFF GARDERE, PSYCHOLOGIST: Well, absolutely. And people who go to parties, who go to many hip-hop parties and so on, they still play the music of Michael Jackson. They still play the music of R. Kelly. Though they may be ambivalent, though they may feel, yes, this guy really is a pervert, they can`t get over the fact that he is labeled as being a genius, so they still stick to the music. It really is a terrible situation.

GRACE: Here you`re seeing other celebrities that, to put it in -- as we all do, got off, walked free -- and let me point out that even after all these charges, R. Kelly was up to -- up for the 2004 NAACP Image Award. OK. You know what? That`s not that uncommon. Think back on Roman Polanski, who could not set foot back in this country because of charges that he had sex with a 14-year-old girl, got a standing ovation when his name was mentioned at the Oscars. A standing ovation! So here we got a crime caught on video, and nobody seems to care, most importantly a Chicago jury.

Out to the lines. Jasmine in Mississippi. Hi, Jasmine.

UNIDENTIFIED FEMALE: Hey, Nancy. The alleged victim is now 23 and still denying that it`s her in the tape, and so is her family. What are the chances that he has paid them for their silence?

GRACE: Marc Klaas, child advocate and founder of Beyondmissing, what do you make of it?

MARC KLAAS, BEYONDMISSING.COM: Well, I think the chances are very good that he paid them off in some way, shape or form. It`s been mentioned that she was so young, and you know, the -- he could force -- he could coerce her. He could threaten her. They could pay her off. There are many, many ways to -- to prove this girl`s silence. And I think, unfortunately, the most unfortunate thing of all is that, probably starting tonight, R. Kelly will be back on the street molesting young children. And it looks like he has been given a pass once. His celebrity has not faltered one iota. He will probably continue for years and years to molest young children and ruin lives, and apparently, because he`s rich and because he`s famous, nobody will do anything about it.

GRACE: To Kathy Chaney with "The Chicago Defender," in court today and throughout the trial. Kathy, is there any truth to the allegation that the local department of family and children services actually investigated the girl`s parents for allowing underage sex with an adult?

CHENEY: We have not heard that allegation. However, one of the witnesses who testified for the prosecution had worked for the Department of Children and Family Services. Her daughter saw the tape. They both positively identified the alleged victim as, you know, the girl in the tape. And the defense went at them, saying, Well, you work for DCFS, and you never reported it? Isn`t that your job? You didn`t do that? Instead, you know, you still called around and asked, Oh, have you seen the tape? Is this the girl? I think it`s her.

So I don`t know if the family was actually investigated, but it did come up during trial.

GRACE: Really? And how did the jury respond to that?

CHENEY: You know what? This jury throughout the whole time looked straight-faced. They showed no emotions. They took copious notes. You couldn`t read that jury at all throughout the whole trial.

GRACE: Out to the lines. Nika in Arizona. Hi, Nika. Are you there, dear? OK, Liz...

UNIDENTIFIED FEMALE: Yes, ma`am. I`m here.

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

UNIDENTIFIED FEMALE: Hi. My question is, why isn`t justice blind anymore? Why is it that these guys that have a lot of money, when prosecutors are prosecuting them, they have to have every single I dotted, every single T crossed. There are some other cases where people pretty much get convicted when they have lesser evidence against them. You can see that it`s him in the video. You can tell the girl is underage...

(CROSSTALK)

GRACE: You know, you make an excellent point. What about it, Eleanor?

DIXON: Well, I think they`re blinded by the glamour of the celebrity a lot of times. And unfortunately, these people get off.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Kelly`s lawyers claim it`s not the 41-year-old in the poorly lit video, saying the man on the tape does not appear to have a mole on his back, and the singer does. His attorney, Sam Adam, Jr., said either Robert isn`t the man on the tape or he`s a magician because there`s no mole. Kelly`s defense team also showed pictures of other defining marks on the singer`s body.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Major breaking story. Superstar R. Kelly has been found not guilty in his child porn trial. The jury`s verdict came just hours ago, after six years of delay. Kelly, perhaps most famous for his song "I Believe I Can Fly," flew. He cried and held his attorneys` hands while the decision was read in court. Prosecutors argued the Grammy Award-winning singer was the man in a graphic sex tape involving an underage girl. But in the end, jurors just didn`t see it that way.

(END VIDEO CLIP)

GRACE: Cried. You know what? Save it, R. Kelly. You weren`t crying in that home video prosecutors say was you in sex acts with a then 13-year- old girl.

I want to go out to a special guest joining us tonight, Jennifer Vineyard, senior writer with MTV News. Jennifer, you were in court. What happened?

JENNIFER VINEYARD, MTV NEWS: Well, at 1:30 Central time, we got word that the verdict was in and that it would be read at 2:00. Normally, you get more like an hour-and-a-half for that kind of notice, so it was very dramatic. The courtroom was abuzz. Everyone assumed because they came in so quick that it would be a guilty verdict, but it wasn`t. It came out every single count not guilty.

GRACE: And I`ve got the indictment right here. It`s as thick as a magazine. Jennifer Vineyard, what do you think was the straw that broke the camel`s back in this case?

VINEYARD: Well, when we talked to the jurors afterwards, they said unequivocally they believed that it was R. Kelly on the tape.

GRACE: Right.

VINEYARD: They just had doubts that it was the girl that the prosecutors said it was. They weren`t 100 percent certain. They said the difference that it would make to them is if she had actually shown up to court.

GRACE: Right. Right. And why do you believe, Jennifer, she didn`t come to court?

VINEYARD: Well, if you believe the defense, it`s because she doesn`t believe it was her. If you believe the prosecution, it`s because she didn`t want to be revictimized. She testified to the grand jury that it wasn`t her, but a lot of observers in this case believe that she just didn`t want to have anything to do with it.

GRACE: Really? Nothing to do with it. You know, a lot of people are suggesting that a payoff has gone down. What do you think of that allegation?

VINEYARD: Well, there`s been no proof of any payoff. There`s been lots of allegations about payoffs all up and down the line. People have claimed that she`s been paid off, that her family has been paid off. They point to European vacations, boarding school, gifts of cars, all sorts of things outside their normal income level would provide. And at one point, we thought prosecutors would present that in court because they subpoenaed the family`s financial records. But it never came to light.

GRACE: We`ll be back with Jennifer Vineyard, Lola Ogunnaike and Kathy Chaney in just a moment. R. Kelly walks free tonight with a video the jury didn`t buy.

But let`s stop for a moment to pay tribute to NBC`s Tim Russert. He passed away today at just 58 from an apparent heart attack. Joining NBC 1984, one of the most influential political journalists of our time, hosting Sunday morning`s "Meet the Press," just returning from a family trip when he collapses at work. Two "New York Times" best-sellers, "Time" magazine naming Russert one of the most 100 most influential people in the world, 2008.

On a personal note, Russert one of the kindest and most considerate journalists I have ever met. Tonight, our thoughts and prayers are with Tim Russert, his family and friends.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: A Chicago jury has just acquitted R&B singer R. Kelly on child pornography charges after deliberating for less than a day. Back in 2002, Kelly was charged with 14 counts of videotaping himself having sex with an underaged girl, who prosecutors say was as young as 13. Both Kelly and the alleged victim, now 23, have denied being the people seen on the tape.

(END VIDEO CLIP)

GRACE: So they did not believe Kelly`s denial that it wasn`t him. But what about the girl? Back to Jennifer Vineyard. What were you saying about European vacations and boarding schools?

VINEYARD: I`m sorry. Could you repeat that? I couldn`t hear.

GRACE: European vacations, boarding schools?

VINEYARD: Well the thing is, there have been allegations that the family was paid off. And you have several members of that family that have either worked for Kelly or their incomes have depended on Kelly. So people had said that you could look at how much he had done to support that family and how much they were in debt to him.

(COMMERCIAL BREAK)

(BEGIN VIDEOTAPE)

UNIDENTIFIED REPORTER: Prosecutors called 22 witnesses over seven days, to make their case. Their star witness was a woman who said that she took part in a three-way with the singer and the alleged victim who may have been as young as 13 at the time.

Now the 27-minute video, it was a very, very graphic videotape. It was central to that case. Hours of testimony were spent discussing a mole on the singer`s back -- reportedly on the singer`s back. That was actually even up for discussion believe it or not. The defense argued the man in the tape did not have one.

Neither Kelly nor the alleged victim took the stand. Several of the women`s childhood friends and relatives testified she was the person in the videotape.

It seems that that was not enough for jurors to convict the Grammy Award winner on 14 counts of child pornography.

(END VIDEOTAPE)

GRACE: Multimillionaire and R&B superstar R. Kelly walked out of a courtroom today even though the state claimed it had videotapes of Kelly with a then-13-year-old girl in sex acts.

I want to go out to the lines. We`re taking your calls live.

To Lori in New York. Hi, Lori.

LORI, NEW YORK RESIDENT: Hi, Miss Grace. How are you? Good evening.

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

LORI: My question is what was the makeup of this jury? And also I think that he really incriminated himself. He had a video called "Half On A Baby" and I`ve seen this video that he was acquitted for. And in the video -- his music video he had his house in the video that was on this exclusive video.

GRACE: So.

LORI: So -- what did they see? And what was the makeup of the jury?

GRACE: So are you telling me, Lori, that the background in the video looked like his house?

LORI: Yes, the background.

GRACE: Is that what you`re saying?

LORI: That was the view for "Half On A Baby," and in the pornographic video that same area was in -- it was a sauna room, a sauna part. And in the video "Half On A Baby" was in his video, on an explicit video in his house.

So how can they say they acquitted him? How can they say.

GRACE: You know what, Lori. You`d make an excellent trial lawyer.

To you Eleanor Dixon, a lot of times with child witnesses, when a child can`t give a location, such as where an incident occurred, you have them describe the inside. For instance, I remember just one child molestation case I had the little boy could describe the inside of the defendant`s bedroom to a tee.

And then we got photos of the inside of the bedroom and there it was which proves there was no other reason for the child to be in there, that it did take place in that room.

So she`s got an excellent point?

ELEANOR DIXON, FELONY SEX CRIMES PROSECUTOR: Yes, and you`ve got to find every piece of evidence you can to corroborate the video, the child`s statement. Just like you said pictures of the room would have been excellent. Any body who could say they`ve been in that location and that`s his home or that`s his property.

GRACE: Out to Mike in Pennsylvania. Hi, Mike.

MIKE, PENNSYLVANIA RESIDENT: Hi, Nance. I just want to say I watch you every single night, girl. And you are an absolute role model. And your.

GRACE: Thank you.

MIKE: . children are beautiful.

GRACE: Thank you.

MIKE: My question is, could you tell me, with all the amount of money that he has, did that play a major, major role on the outcome of this trial?

GRACE: Mike, I can tell you right now. There is rich man`s justice. I have seen a million cases, tried a lot of cases, handled thousand of cases and plea negotiations. Money matters in court and it matters to a jury. They were star struck from the get-go.

Would you agree or not, Lola?

LOLA OGUNNAIKE, CNN CORRESPONDENT: Absolutely agree. And the previous caller made a great point. This sauna that she spoke about, it has a log cabin-esque feel. If you`ve seen that pornographic video and you see that video that he put out, the two settings look exactly alike.

One has to wonder, why would someone go through all of the trouble of creating a scene that looks exactly like something in R. Kelly`s house? Why would some one go through all of that trouble to frame him? It doesn`t make sense.

GRACE: Well, Lola, let me tell you something, one, being me, would wonder why the prosecution didn`t think of bringing in the sauna video. If Lori in New York knows about it shouldn`t the prosecutors have known about it?

What about it, Christopher Amolsch?

CHRISTOPHER AMOLSCH, DEFENSE ATTORNEY: I feel like I`m the only person here who is not living in bizarre-o-land. I mean the witness said it wasn`t her. The parent said it wasn`t her. Did the jury -- did the defense lawyers just manage to pick 12 people who love child pornography?

He was not supposed to be convicted. He`s not supposed to be. That was the right result.

GRACE: OK. And the prosecution saw the video and a grand jury saw the video. A grand jury is typically made up of at least 40 people, a lot more than 12 people, and they all thought it was her including three family members.

So I will let you put that in your pipe and smoke it for a few moments as we go back out to the lines.

Allison in Virginia. Hi, Allison.

ALLISON, VIRGINIA RESIDENT: Hi, Nancy. I just want to say first the twins are adorable. And I love seeing pictures of them.

My question is, how did Aaliyah legally marry R. Kelly if she were underage? Wouldn`t she need parental consent?

GRACE: Excellent question. How did that happen, Lola Ogunnaike?

OGUNNAIKE: Well, she didn`t legally marry him. She married him and then it was immediately annulled once her parents out what the situation was. So that -- that`s where we stand right now.

The shocking thing is, though, that he was able to marry Aaliyah. It was quickly annulled but he has a predilection for young women.

Nancy, I want to take you back to something really quickly. I interviewed him a week and a half before this whole thing exploded. I remember being in Times Square with him at a White Castle over dinner and he started crying. He was inconsolable. And he kept telling me people are after me. People are out to get me.

I couldn`t understand what he was talking about at the time. I didn`t know what was about to come down the pike. A week and a half later this entire thing exploded.

When I tell you that that man looked look he was dealing with something that was a lot heavier than record label pressure, I mean it.

GRACE: You know, Lola, that is an incredible story. And he was crying again at the -- when the acquittal came down. But, you know, I don`t care what the defense attorneys say, if he`s so innocent why didn`t he take the stand, Kathy Cheney?

KATHY CHENEY, REPORTER, CHICAGO DEFENDER: His defense attorneys said he testified when he said, "I`m not guilty." He said there was no need for him to take the stand.

GRACE: OK. Well, it worked for O.J. and it has now worked for R. Kelly as well.

What about it, Jennifer Vineyard?

JENNIFER VINEYARD, SR. WRITER, MTV NEWS: O.J. had a completely different situation. In fact this judge tried to look at the O.J. case and the Michael Jackson case to try to make sure that those things didn`t happen here. He did everything in his power to try to make sure we had a jury that wasn`t star struck.

When they were polled in voir dire and the whole jury selection you didn`t have members of the jury that were R. Kelly fans. There was maybe one person that was vaguely familiar with him. That was voted out. So they were trying to prevent a situation where you would have people that would just vote based on their emotion versus the law.

GRACE: You know what I think was the key factor in this case? Two things: number one, delay, delay, delay, delay is a defense attorney`s best friend. And number two the victim did not come in and testify. That`s the big problem that I`ve got.

To John Lucich, investigator and author of "Cyber Lies," what about it, John?

JOHN LUCICH, INVESTIGATOR, AUTHOR OF "CYBER LIES": That is a big problem. You know, I`ve spent a good part of my life locking people up, criminals, putting them in jai and spending a lot of time in court. And I can tell you, whether you agree with me or not, Nancy, this was ultimately the best decision, the only decision this jury could have made.

You have three people testifying this wasn`t her. You have the alleged victim saying it wasn`t her. You have a prosecution.

GRACE: You didn`t have the alleged victim say anything. She did not testify at trial. He had three.

LUCICH: No, in a grand jury. In a grand jury, she said it wasn`t her.

GRACE: And you had three.

LUCICH: You got the prosecution team who couldn`t identity the year that it was made.

GRACE: Family members say it was her.

LUCICH: And you got a prosecution team that could identify the year it was made or the age of the victim, anywhere between 13, 16. They`re so sure about this but nothing else. It didn`t make sense.

And remember it`s not speculation. This jury has to go by facts and only facts.

GRACE: Response, Eleanor?

DIXON: Well, I think you`re completely wrong about that. You don`t need the victim to prove your case, and certainly this when she was identified by family members. So I think that`s a copout and that`s just blame the victim all over the again by the defense.

GRACE: And another issue, Eleanor. If it were not her, why didn`t she come in to the jury and say it`s not me.

DIXON: Exactly, the defense, you know what, would have loved to have called her as a witness to come in and say, hey, it wasn`t me.

GRACE: You know I want to go back out to the lines very quickly.

To Portia in New Jersey, hi, Portia.

PORTIA, NEW JERSEY RESIDENT: Hi, Nancy. Good to talk to you. My question is about the age of the victim at the time of the crime and her age now, and her not being a -- willing to defend herself.

GRACE: You know, excellent question.

Back to you, Eleanor. I think the reason when they get the video, they don`t know the exact date. And therefore they can`t age the victim back to the date.

DIXON: That`s right. But a lot of times you can have an expert testimony to say this child looks to be -- you know, about 13, 14 based on her physical appearance.

GRACE: And just the parents are not helping as well. Very difficult to prove the age of the alleged victim.

Everybody, switching gears. When we come back -- caught on video. A 62- year-old Catholic school teacher pummeled by a punk with an extensive alleged criminal history all to wrestle away the senior`s purse. Location of the attack? Right under a stone cross at the gate of the Good Shepard School.

Tonight, a break in the case.

And now, as always, we salute our troops.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Hi. Just wanted to send out a salute to the troops and the job they`re doing. And, in remembrance of my brother who passed June 6th of 2000. Just want them to keep up the fight and carry on what -- what other -- what the other soldiers have started and what he had started and also he gave his life for. So God bless.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(NEWSBREAK)

GRACE: Take a look at this young punk attacking a 62-year-old Catholic schoolteacher right under a giant stone cross.

To Glenn Schuck with 1010 Win, what happened?

GLENN SCHUCK, REPORTER 1010 WINS, NY METRO NETWORKS BUREAU CHIEF: What happened was this was about 6:45 Monday morning. Patricia McGowan, who`s 62 years old -- she`s been involved at this school, the Good Shepherd School, for 43 years.

This is her daily routine getting in to open up the school. And ache was kind of blindsided by this young man who came in and pushed her. And then by the time she even had a chance to turn around, as you`re seeing, he just turned around and slugged her and knocked her to the ground.

GRACE: Glenn Schuck with us from 1010 WINS.

To Rupa Mikkilineni, joining us there at the scene -- describe the scene, Rupa?

RUPA MIKKILINENI, NANCY GRACE PRODUCER: Well, Nancy, I`m here at the Good Shepherd School in Brooklyn tonight. So basically, this is the location exactly where I`m standing. And this is exactly where she was attacked this Monday morning, 6:40 in the morning in fact.

And we`re looking at this place. This is the gate in front of the school. And on top of the gate is a beautiful Catholic cross, Nancy. And this perpetrator knocked the teacher to the ground right here, pummeled her in the face, and grabbed her handbag and then took off with her car.

Now she put up a valiant fight but he still got away hit her bag and her car. We are -- the other thing that`s going on here is that we`ve spoken to the police as well. And I understand that not only has the -- we know that the suspect has been identified and arrested, he is sitting in jail.

We understand there`s been a perp walk at 9:00 p.m. tonight. He`ll be taken to court and charge. Charges are pending right now.

But we understand the whole reason that he was caught to begin with is because of something his prior criminal record. And these priors led them to bring him in for questioning and that is when the victim was able to identify him with pictures. Now she has also identified him in a lineup later today.

GRACE: As a matter of fact, he quite an alleged criminal history. It`s as long as my arm.

Quickly out to Jodee Blanco, teen violence expert and author of "Please Stop Laughing at Us."

Jodee, have you seen an increase in violence of teens against adults?

JODEE BLANCO, TEEN VIOLENCE EXPERT, AUTHOR OF "PLEASE STOP LAUGHING AT US": Absolutely, 100 percent. And every time I see a story like this I shudder because it desensitizes our kids even more. And then we wonder, Nancy, why there are so many bystanders in our schools who witness bullies preying on the weak, just like this assailant with the teacher, and either ignore it or worse laugh it off.

GRACE: you know you are seeing video of a young punk, attacking a Catholic schoolteacher. This is the first time in 43 years she will miss graduation.

I want to go out to Penny Douglas-Furr, this guy, Eric Ferguson, May 16th, purse snatching, 24th, steal a green minivan, May 30, robbed another woman -- these are all allegations -- pulled over for driving a stolen van, robs Chinese delivery man, robs and stabs another Chinese delivery man in June, steal food and cash, June 10, allegedly attacks Patricia McGowan, 13th, police arrest him.

Now that`s all according to "The New York Daily News."

With a record like that, if it is correct, Penny, what is he looking at?

PENNY DOUGLAS-FURR, DEFENSE ATTORNEY: Well, he`s looking at a lot of time for the attack and the purse. I don`t know exactly in New York. But he will serve the time.

Now apparently nobody has taken him seriously before. And now he`s being taken seriously and it`s only after this attack where he hit this old lady in the face and it`s getting all this coverage.

All those crimes you just read, people have been letting him out over and over and over, bringing him back, and running him out again. But, you know, if they will start taking these crimes more seriously he wouldn`t be out there doing it.

GRACE: And you know, very quickly, to you, Eleanor Dixon, to lure Chinese food delivery man and then rob him, takes a lot of premeditation.

DIXON: Yes, it does. And you know what we say, Nancy. A leopard doesn`t change his spots. And he`s on a crime spree doing the same things over and over again.

GRACE: Everyone, let`s stop and take a look at tonight`s "CNN HEROES."

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Hello, Cameron. This is your father.

UNIDENTIFIED FEMALE: Hi, J.J., it`s mommy. I love you very much.

UNIDENTIFIED FEMALE: Mommy misses you, too.

CAROLYN LECROY, CHAMPIONING CHILDREN: The children of an incarcerated parent are the silent victim of the parent`s crime. These children, they`re forgotten.

My name is Caroline LeCroy and I started the Messages Project so that incarcerated parents can keep in touch with their kids.

Four, please. There you go. Thank you.

In 1994, I was arrested and charged with possession of marijuana. I was very fortunate my children came to see me all the time. And there would be women who never got visits. And I would look at them. If they were this unhappy, what about the children?

I know how important it was for my children to see me. When I got out, I took a bad situation and I made something good of it.

Just talk from your heart. That`s what this is about.

UNIDENTIFIED MALE: Hey, Caleb, this is daddy, buddy. I love you. I hope you enjoy this.

LECROY: They know they`ve made mistakes but they`re still human beings. And they have children. And they all love them.

UNIDENTIFIED FEMALE: This is from your daddy, OK? Who is that?

UNIDENTIFIED MALE: Daddy.

UNIDENTIFIED MALE: I have two books here. I hope you enjoy it.

"One fish, two fish, red fish, blue fish, black fish, blue fish, old fish, new fish. This one has a little star. This one has a little car say what a lot of fish they are."

LECROY: We have found, with the videos, for many it`s re-establishing a bond that got broken. It`s hard when a parent is in prison. So I think that makes all those children heroes.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

GRACE: What a week in America`s courtrooms. Take a look at the stories and more importantly the people who touched our lives.

(BEGIN VIDEOTAPE)

GRACE: Hogan upgraded to a cushy cell featuring cable TV and play station.

UNIDENTIFIED MALE: My brother is in a veterans` hospital. We`ve been there for nine months. And he`s been there for less than a month.

GRACE: 21-month-old baby boy died from a level of cocaine in his system so high it would have killed an adult.

UNIDENTIFIED MALE: It`s difficult for police to figure this out because there are two conflicting stories from the parents.

GRACE: You`ve got an adult male, who`s a drug dealer, adult female, and a toddler boy, 21 months, and they can`t figure out. What, they think the baby went to the corner and scored a bag of crack?

Two school girls brutally murdered off an isolated back road.

UNIDENTIFIED FEMALE: The girls were five feet apart from each other. So I knew that who ever killed them had to be more than one person.

GRACE: Three-time DUI defender plowed off a residential street into a home killing a little boy.

UNIDENTIFIED REPORTER: The momentum of the vehicle actually went all the way through his bedroom into his sister`s bedroom across the way. She was pinned against the wall and the front bumper of the truck.

GRACE: The body of 30-year-old Melisa Cleary discovered a few miles from her own home.

BRANDY GERARD, SISTER OF MURDERED MOM, MELISA CLEARY: She had expressed to us several, several times that if something happened to her that she was murdered.

(END VIDEOTAPE)

GRACE: Let`s stop and remember Army Sergeant John Osmolski, 23, Houston, Florida, killed, Iraq. A paratrooper and combat engineer, awarded the Bronze Star and Purple Heart. Active in church. Loved mission trips, restoring his jeep, playing with dog Ophelia. Favorite book, the bible. Favorite band, Metalicca. Dreamed of college and starting a family.

Leaves behind mom Ruth, brother Daniel, sister Ruth, twin sister Julia, girlfriend Lindsey.

John Osmolski, American hero.

Thanks to our guests but especially to you for inviting us into your home. And tonight a special good night from the New York control room. Good night, Brett, Liz, Rosie, Stace.

And happy birthday to my sister-in-law. There we are together in Times Square with my brother Mac. Happy birthday to the greatest sister-in-law in the world.

And tonight, happy 54th anniversary to Georgia friends of the show, Shirley and Dave Tolbert(ph), 54 years together and still in love.

Happy birthday, Jan.

Everybody, I will see you tomorrow night, 8:00 sharp Eastern. And until then, good night, friend.

END