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Nancy Grace

Missing 3-Year-Old Missouri Boy Found/Casey Anthony May Sue Over Privacy Violation

Aired May 06, 2009 - 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 in the desperate search for a 2- year-old Florida girl, Caylee. Six months of searching culminate when skeletal remains found in a heavily wooded area just 15 houses from the Anthony home confirmed to be Caylee, manner of death homicide. A utility meter reader stumbles on a tiny human skeleton, including a skull covered in light-colored hair, the killer duct-taping and placing a heart-shaped sticker directly over the mouth, then triple-bagging little Caylee like she`s trash.

Bombshell tonight. Tot mom may sue the jail for violating her privacy. Yes, you heard me, tot mom may sue the government. And unconfirmed reports tot mom throws a tantrum, screaming, "I`m pissed" when learning the state`s seeking the death penalty. The jail disputes. Her lawyers fighting tooth and nail to keep secret a jailhouse video of tot mom the day she watches live TV while Caylee`s remains discovered, tot mom allegedly hyperventilating, demanding medication for herself. It`s all on surveillance video.

Tonight, we obtain more raw audiotapes of a sergeant and a female lieutenant with tot mom the day investigators literally on their hands and knees trying to recover all of Caylee`s tiny bones. We learn tot mom`s defense claims the state`s not going fast enough. Well, tot mom`s the one who refused a speedy trial.

And did tot mom inspire a copycat child murder, Lancaster, California? Tonight, we learn tot mom announces she plans to dedicate herself to finding missing children. In response, many point to her track record, specifically stonewalling for months and refusing to help police find her own little girl.

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: I went to Ms. Anthony`s cell and put her in restraints for the escort. When I went there, no one seemed to remember that she had her own personal radio, was listening to that, so she knew that there was some issue about it because of this broadcast on the radio. She was in some emotional distress at that point.

CASEY ANTHONY, CAYLEE`S MOTHER: Wow. I`m glad I`m not on the outside. I`m really glad I`m not out there.

UNIDENTIFIED FEMALE: She walked into the medical clinic and immediately looked at the TV, which was on channel 9, broadcasting breaking news. And she collapsed into the chair and started to what appeared to be hyperventilating.

UNIDENTIFIED MALE: She had signs of hyperventilation, with heavy, deep breathing that was taking place. She then bent over and made complaints that she was feeling sick to her stomach and was going to throw up.

UNIDENTIFIED MALE: I`d like to be able to stop that, to be honest with you.

CASEY ANTHONY: I would, too.

(LAUGHTER)

UNIDENTIFIED FEMALE: She did break down and cry in there. We could see that she was crying. He asked for tissue. She definitely was holding her head in her hands, crying.

(END AUDIO CLIP)

GRACE: And tonight, San Bernardino, California, there in a sleepy suburb, a mom and five children head to the local park when two gunmen blast brazenly into the home right through the front door, force the family face down on the living room floor, bind and threaten them. They take the 3-year-old baby boy. Tonight, is there a break in the case?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: It has been three days since gunmen stormed into a house, tied up a family and kidnapped a 3-year-old boy. This is in San Bernardino, California.

UNIDENTIFIED MALE: Investigators at this point have not determined a motive for this kidnapping.

UNIDENTIFIED MALE: There`s no demand for ransom, no contact with the family, nothing. So where is little Briant Rodriguez?

UNIDENTIFIED FEMALE: Investigators say they`re looking at several theories into Briant Rodriguez`s kidnapping, and they want to know if the Spanish-speaking kidnappers are from Mexico and whether they do have ties to organized crime there.

UNIDENTIFIED MALE: Maria Miyan (ph) crying out, My son, my son, tearfully calling for her kidnapped son`s return.

UNIDENTIFIED MALE: There`s no getaway car information, no license plate information, so the sheriff`s department is really struggling. They have more than 80 tips on the Amber Alert hotline that they`re checking out. In fact, there are billboards at the Mexican border featuring Briant Rodriguez`s picture.

UNIDENTIFIED FEMALE: We are really just hoping for help from the community.

UNIDENTIFIED MALE: Every second that passes is critical, but we`re remaining positive and investigating it as if we just went on scene.

(END VIDEO CLIP)

GRACE: Good evening. I`m Nancy Grace. I want to thank you for being with us. Tonight, more uncut audiotapes of a sergeant and female lieutenant with tot mom the day she sees live TV coverage on the discovery of Caylee`s remains.

But first, breaking news. There is a God. We are live, Arcadia, Missouri. Hundreds mobilize when a blue-eyed little 3-year-old wearing nothing but a T-shirt and a pull-up diaper toddles out the back door, vanishing into the remote rural southeastern Missouri forest. The only clue, the baby`s sneaker found a mile away.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The child has been found.

UNIDENTIFIED MALE: ... finding 3-year-old Joshua Childers in Missouri`s version of the Smoky Mountains. The approach here, try everything.

UNIDENTIFIED MALE: There`s people here on horseback. There`s people here on ATVs. There`s people here on foot and with canine.

UNIDENTIFIED FEMALE: The steady rain and rough terrain did not keep rescue crews from getting on with the search for Joshua Childers.

UNIDENTIFIED MALE: We`ve found a boy, and he`s evidently in good condition.

UNIDENTIFIED MALE: What do you think, your husband found the boy.

UNIDENTIFIED FEMALE: Oh, I`m anxious to see him. I`m very proud of him.

UNIDENTIFIED FEMALE: He just said that he found him and he could hear him crying. He`s carrying him out of the woods in his arms. And he told Tyler (ph) to call the police station and tell them he had him.

UNIDENTIFIED FEMALE: I`m overwhelmed. I`m relieved. I just -- you know, thank God that he was found safe. And just -- it`s just a blessing, and I just -- I thank God for that family and that little boy, that he was found.

UNIDENTIFIED FEMALE: Would you call this a miracle, Sheriff?

UNIDENTIFIED MALE: Absolutely, a miracle of people working hard, all the citizens and all these other agencies, to find him.

(END VIDEO CLIP)

GRACE: Repeat, there is A god. Baby Joshua found alive, beating all the odds, all the naysayers, all those willing to believe something nefarious had taken place.

Out to Melanie Streeper, investigative reporter, joining us from Missouri. What happened, Melanie?

MELANIE STREEPER, INVESTIGATIVE REPORTER (via telephone): Good evening, Nancy. Well, once again, a happy ending for a missing child case here in Missouri. Just after 4:00 o`clock this afternoon, we got word that 3-year-old Joshua Childers was, in fact, found alive after being missing for more than 50 hours. Now, you`ll remember Monday morning, the toddler walked out the back door of his parents` home. Hundreds of searchers, including Joshua`s dad, had been looking for him all day long.

GRACE: Out to Melanie Streeper again, joining us from Missouri. It`s my understanding one of the things the little boy wants to know is where is his shoe?

(LAUGHTER)

STREEPER: Well, yes, Nancy, he was actually said to be in pretty good condition, officially from the hospital in fair condition. But he was alert and he was talking. In fact, when one of the searchers found him, he was crying, unfortunately, but he was taken to a hospital for observation.

GRACE: Out to Ernie Allen, a special guest joining us from Washington, D.C. Ernie is the president of the National Center for Missing and Exploited Children. Welcome back, friend. You know, the parents have taken a lot of heat. The dad was asleep, the mom briefly on the telephone when the little boy wandered away. Weigh in, Ernie.

ERNIE ALLEN, PRES., NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN: Well, you have to watch small children. We don`t second guess these parents. You can`t watch them every minute. But the reality is, when these kids disappear, you`ve got to move quickly. You look at the obvious areas, but you alert authorities quickly. Time is the enemy in the search for these children.

GRACE: You are so right about that, time being the enemy. To Matt Zarrell, our staffer on the story. Matt, you know, this child was out in the elements all this time. Explain to me how he was found. Who found him? Tell me everything.

MATTHEW ZARRELL, NANCY GRACE STAFFER: Well, a citizen, a volunteer found him at about 4:05 today. Apparently, the boy was crying. He was able to track him down. Now, what`s interesting is that he was found three miles from the home, which is amazing considering he`s a 3-year-old boy.

GRACE: Melanie Streeper, does anyone believe foul play was involved? Did somebody snatch the kid in his own front yard and then make off with him and abandon him, or did they truly believe he wandered three full miles?

STREEPER: Yes, Nancy, no foul play is suspected in this case. They actually believe that Joshua wandered three miles away. I can tell you earlier searches, the grid searches they did, only stretched about a half mile. But today, they were able to widen their search, and that, in fact, is when they found 3-year-old Joshua.

GRACE: This has defied the odds. Baby Joshua found alive. We are taking your calls. Liz, Ohio. Hi, Liz.

UNIDENTIFIED FEMALE: Hello, Nancy. I love your show. And congratulations on your twins.

GRACE: Thank you. I`m just so happy to report this child alive.

UNIDENTIFIED FEMALE: Yes.

GRACE: It`s more incredible than I can even describe. The statistics that the child would be found are overwhelmingly against his favor. What is your question, dear?

UNIDENTIFIED FEMALE: You know, I baby-sit my 4-year-old granddaughter, and the moment I hear that door open, I am out. And it just seems to me, in my opinion, that this child would walk for three miles...

GRACE: Well, you know, Liz, what I`m understanding is that the mom thought the baby had a five-minute head start, but then they spent 45 minutes looking through the house, looking out in the front yard, coming back and forth in and out of the house.

STREEPER: Tell me about it, Melanie Streeper. How did so much time pass? And then they couldn`t find the kid, and it was still toddling.

STREEPER: Yes. The parents, again, they wanted to exhaust their -- you know, their opportunity to find him. They searched for him for 45 minutes, and then they contacted police. But obviously, by then, Joshua was well out of range.

GRACE: To Dr. Zhongxue Hua, medical examiner, Union County, New Jersey. He has been found after over two days in the Mark Twain National Forest, the wilderness. What condition do you expect him to be in, Doctor?

DR. ZHONGXUE HUA, MEDICAL EXAMINER, UNION COUNTY, NJ: There are a couple of things you have to worry about. First -- I mean, foremost is the -- whether the baby has any dehydration because it was not given water properly. The second thing is any psychological effect on the body.

GRACE: Melanie, is the baby at home or is he in the hospital?

STREEPER: Nancy, he is still in the hospital right now. Official word from the hospital is that he`s in fair condition. They`re not releasing any other details. I can tell you he was found, again, about three miles from his home in a ravine. And from what I understand, he was able to cross a couple of creeks. So no doubt, he was wet and muddy from all the rain that we saw last night.

GRACE: All I can add to this is PTL, praise the Lord!

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We`ve found the boy, and he`s evidently in good condition. We were up on top (INAUDIBLE) checking a footprint, and I got notice that a guy named Donny Halpin (ph) had found the young man. And evidently, he was in good condition. He was talking and in good condition.

UNIDENTIFIED MALE: How far from his home?

UNIDENTIFIED MALE: About three miles.

(COMMERCIAL BREAK)

(BEGIN AUDIO CLIP)

UNIDENTIFIED MALE: Have you ever seen her react that way before?

UNIDENTIFIED FEMALE: No.

UNIDENTIFIED MALE: So that`s the first time she`s ever reacted so strongly?

UNIDENTIFIED FEMALE: Yes. Prior to today, most of my conversation with her was very -- she was weird to talk to. She was very -- not cold. I don`t exactly know how to explain it. Non-emotional would probably be the best way to say it.

UNIDENTIFIED MALE: Today was definitely different?

UNIDENTIFIED FEMALE: Definitely different today. First time I`d ever seen emotion on her.

(END AUDIO CLIP)

(BEGIN VIDEO CLIP)

GRACE: Correct me if I`m wrong, but didn`t her attorney say she may sue the jail for invasion of privacy? Yes/no?

UNIDENTIFIED FEMALE: Yes, he did say that. At one point, he actually threatened -- he`s threatened to sue anybody who talked about her, ran these videos from the jail. He was asked, Is she going to sue? And he said, Well, if our investigation reveals she has a case, I`ll leave it up to her...

(END VIDEO CLIP)

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: I asked her if she`d ever taken meds outside of the jail for stress or for anything like that, and she`s, like, no, the most she`s ever taken is muscle relaxants.

STREEPER: After the psychologist left, she said, Is my attorney coming? And I said, We assume he`s on his way. I don`t know for sure. I will get one of the COs to find out. She goes, Well, will you sit in the room with me? Because I don`t want to be alone.

STREEPER: Throughout that time, she was still breathing rapidly, talking really fast, but not -- nothing really about the case, just that, you know, this isn`t surreal (ph), I can`t cry, I can`t break down and cry because this isn`t real. And then she started talking about football.

(END AUDIO CLIP)

GRACE: OK, I will leave that to a jury. Street out to Drew Petrimoulx, WBDO, reporting from Orlando. Drew, reports are emerging, jail disputes it, that when she, tot mom, learned the state`s seeking the death penalty her response is, quote, "I`m so pissed."

DREW PETRIMOULX, WDBO: Yes, apparently, the tabloids got a hold of somebody that said they were in jail with Casey Anthony on April 13th, the day she learned that prosecutors would seek the death penalty. The person said that Casey reacted, basically, flipping out. She said that she was pissed. She was thrashing around. The eyewitness said that she actually had to be restrained to one of the beds in there with leather restraints.

STREEPER: We talked to the Orange County jail, though. They said not only was there never a person by this name in jail with Casey when she learned this news, but that Casey has been an ideal inmate and that she`s never had any behavior problems like this. So seems like the story, while a good read, is not apparently true.

GRACE: You know, I think that you may be correct about the restraint portion. But as far as no woman inmate in the jail at that time -- you know, the people in jail have about 15, 20 aliases. So I`m not so sure that this woman wasn`t in the jail. But the jailhouse description of where the restraint bed is seems to make that portion of the story inaccurate. However, we have seen so many times in her videotaped meetings with her family that this would be very true to course for her to respond.

STREEPER: We are taking your calls live. Casey, Alabama. Hi, Casey.

UNIDENTIFIED FEMALE: Yes, ma`am. My question is -- she`s the same age as I am, I think a little bit younger, and she talks so like -- I don`t talk like that. She talks like she`s got this four-year college education. Is there any way, with the way she finagles words and everything like that, if she just breaks down and says, They`re going to find you guilty if you don`t plea, she can any way plead insane and say, OK, I did it, but I wasn`t in my right mind, and get off on a lesser charge?

GRACE: Let`s go to the lawyers. We`re taking your calls live. Joining me out of Atlanta, veteran defense attorney Renee Rockwell, out of New York, trial lawyer Alan Ripka, also out of New York, Anna-Sigga Nicolazzi, prosecutor. Welcome to all.

STREEPER: Renee Rockwell, I don`t see insanity in the cards. This is why. What we just played shows that she has stated up front, I`ve never been on a medication in my life except for a couple of times I`ve had a muscle relaxer. You don`t just nut up one day, and then the next day, you`re totally sane again. That`s not the way insanity works.

RENEE ROCKWELL, DEFENSE ATTORNEY: No, it`s not, Nancy. But I don`t see any kind of plea, any kind of defense like that. I think she`s going to dig in, stick to the defense of, Go ahead and prove it. And Nancy, the state does have to prove it.

GRACE: Renee, just let`s try to stick to what we don`t know. Those are the questions. We know it`s the state`s burden to prove this case and every element of this case beyond a reasonable doubt.

STREEPER: Out to you, Anna-Sigga. Anna-Sigga, this statement, if proven to be true, "I`m so pissed," that`s her reaction to the state announcing it will seek the death penalty, not, I didn`t do it. What happened to my daughter? I didn`t do this, but, "I`m so pissed." What does that say to you, Anna-Sigga Nicolazzi?

ANNA-SIGGA NICOLAZZI, PROSECUTOR: (INAUDIBLE) evidence that I want to get in against her as of her conscious (ph) of guilt. This is actually true to the form of what we have seen of Casey Anthony. It is always from her perspective, her point of view. Before her child was found, even after she was arrested, Me, me, me. And here, once she hears that the death penalty is being opposed against her -- or they`re seeking the death penalty, I should say, that it`s just that she is angry and angry about how this is affecting her, rather than, again, mourning the loss of her child, especially if she were innocent, as she claims.

GRACE: Ripka?

ALAN RIPKA, DEFENSE ATTORNEY: I completely disagree. If you have to rely upon a statement that was made while in jail to prove a murder case and a death penalty case, you don`t have a lot of evidence.

GRACE: But Ripka -- Ripka, you`re talking in circles. Nobody said the state was relying on this to prove a case. But this is one piece of circumstantial evidence, if true. So try not to mislead the viewers, if possible.

RIPKA: Well, Nancy...

GRACE: All right?

RIPKA: Well, please. A statement like that doesn`t tell you anything. People react in different ways. By saying...

GRACE: OK. You know what? Good point. Let`s go to Dr. Lillian Glass. Weigh in, Lillian.

LILLIAN GLASS, PSYCHOLOGIST: I think she`s a complete sociopath based on everything that`s described and based on her communication skills. No doubt about it.

(COMMERCIAL BREAK)

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: She was shaking when she got up to leave the interview room. And I took her back to her cell. We stood there while the CO gathered up all her things out of her cell because we like to have the inmates make sure we didn`t take anything. They know everything that went in the bag. She did ask at that point if she could take a shower to make her feel better. She said the sedative helped settle her stomach, she didn`t feel so sick to her stomach anymore.

(END AUDIO CLIP)

GRACE: Out to Jean Casarez, legal correspondent with In Session, formerly Court TV. Jean, thank you for being with us. Explain to me how the defense is claiming the state is dragging its hells. Am I correct the defense has not filed a demand for speedy trial, Jean Casarez?

JEAN CASAREZ, "IN SESSION" (via telephone): No, I believe you are right. And I think the issue that they have right now is with discovery. They say that they are not getting the discovery they need to have their investigation go forward. They have publicly said that they have not received the autopsy report yet. And I think that we`re going to proceed to find a motion possibly for a continuance from the defense based upon not getting discovery.

GRACE: Well, straight out to Ellie Jostad, our producer, chief editorial producer on the case. The state is -- have not passed any deadline. They`ve got months and months to provide this discovery. So what is the defense whining about?

ELLIE JOSTAD, NANCY GRACE PRODUCER: Well, apparently, Jose Baez is saying, you know, the date that`s on the calendar right now is October 12th, and even though it may go later than that, he`s got to act as though October 12th is the date, and he needs that discovery now.

GRACE: Out to Leonard Padilla. Leonard, we understand that tot mom claims she`s dedicating her life to finding missing children? Response?

LEONARD PADILLA, BOUNTY HUNTER: She never looked for her own child. Why would she be bothered by looking for other people`s children? She never mentioned it once, never made one step towards it, never discussed anything like that with us while we were there. And as far as I know, she never discussed it with anybody else.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

LT. TAMMY UNSER, ORANGE COUNTY CORRECTIONS, WITNESSED TOT MOM`S REACTION IN JAIL: She lost her breath. And we told her a couple of times take some deep breaths. She was in real shallow breathing. Her hands started to sweat. She started rubbing them profusely.

CASEY ANTHONY, MOTHER OF CAYLEE ANTHONY: Can someone let me -- come on.

UNSER: Kept saying the waist chains are getting tighter and tighter on me, please loosen them. And we told her we couldn`t because we knew they weren`t tight when she sat down in the chair.

C. ANTHONY: I think it`s (INAUDIBLE). Yes, I agree.

SGT. BILLY RICHARDSON, ORANGE COUNTY CORRECTIONS, WITNESSED TOT MOM`S REACTION IN JAIL: Her focus was directly attended to the TV, as soon as she seen that there was some emotional distress, increased emotional distress in that she sat down, she began showing looks of serious, like she wanted to cry.

C. ANTHONY: I love you too.

GEORGE ANTHONY, CASEY ANTHONY`S FATHER: The house is very quiet.

UNSER: She said no, no, I won`t hurt myself. But she did ask for a sedative, which we did relay to the doctor on duty.

C. ANTHONY: Mom. I`m sorry. I love you guys. I miss you.

CINDY ANTHONY, CASEY ANTHONY`S MOTHER: All right, sweetheart. Here`s dad.

C. ANTHONY: No, I`m going to hang up and just walk away right now.

UNSER: She was still breathing rapidly. Talking really fast. But nothing really about the case. Just that, you know, this isn`t surreal, I can`t cry, I can`t break down and cry because this isn`t real. And then she started talking about football.

RICHARDSON: The initial response was from Captain DiFerrari that I should not let Miss Anthony view the television because of the events that were taking place. So we precluded her from that. Later on I got a call saying that they wanted to do an interview with her in the medical section with the medical staff, the mental health staff, and the detention together with her in that.

(END VIDEO CLIP)

NANCY GRACE, HOST: Straight out to the lines. Laura in Florida. Hi, dear.

LAURA, CALLER FROM FLORIDA: Hi.

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

LAURA: I have your question. She hadn`t been upset the whole time Caylee was missing. And then when they found Caylee`s remains she was all upset and emotional. Could that possibly be because she knows now they found her body that they`ve got her?

GRACE: Let`s talk about it, Dr. Lillian Glass. And what you are hearing are statements made by a detective and a female lieutenant. Excuse me, a sergeant and a female lieutenant. About the reaction tot mom had when she saw live coverage of the discovery of Caylee`s remains.

Now we noticed she did not cry or show emotion. She asked for medication for herself, seemed to bend over as if she were doubling over. But only when her lawyer arrived did she shed a tear. Up until then she talked about football.

Weigh in, Dr. Lillian.

LILLIAN GLASS, PSYCHOLOGIST, AUTHOR OF "I KNOW WHAT YOU`RE THINKING": OK, Nancy. This is very interesting. The body doesn`t lie. And when sometimes there`s an emotional reaction the body takes over. The autonomic nervous system takes over. So that`s why she was doubled over.

That`s why she was agitated. She was reacting. There was a lot of movement. And her stomach hurt because the body took over. As I said, the body doesn`t lie. So when you`re seeing this emotion, this is what`s coming up, because she knows she`s gotten caught.

GRACE: Everybody, we`re taking your calls live. Tonight, unconfirmed reports that tot mom`s reaction to the state seeking the death penalty against her was a loud outburst, a tantrum in which she screams, "I`m so pissed." The jailhouse denies that.

Also, the defense claiming the state is dragging its feet. We also know no funeral at this point yet for little Caylee. Also, tot mom announces she`s dedicating her life to finding missing children.

And Ellie Jostad, apparently, tot mom inspired a copycat killer, Lancaster, California?

ELLIE JOSTAD, NANCY GRACE PRODUCER, COVERING STORY: Right. People are drawing parallels between the Anthony case and another mother, 24-year- old, Stacey Barker. She claimed that her little girl was abducted. She said she was hit in the back of the head when she was putting the girl in her car seat. She woke up hours later, the little girl was gone.

They bring her in, they start questioning her, and she eventually allegedly confesses that she made up the whole thing but there was an accident and that`s how the little girl died.

GRACE: Straight back to the president of the National Center for Missing and Exploited Children, Ernie Allen.

Ernie, again, it`s a pleasure to have you with us and an honor. Ernie, you have dedicated so many years of your life to finding missing and exploited children, to helping them. How does it strike you when you hear tot mom plans to dedicate her life to finding missing children?

ERNIE ALLEN, PRESIDENT, NATIONAL CENTER FOR MISSING & EXPLOITED CHILDREN: Well, it`s frustrating, Nancy. Probably the greatest frustration is that it took 30 days for this mother even to report her child as missing.

We know how important it is with these 2-year-olds in particular. So it`s very discouraging. Certainly, we hope lots of people dedicate their lives to helping find missing children, but I think she needs to focus on the problems at hand right now.

GRACE: You know, Ernie Allen, I`ve seen your setup, how you track the country. It`s incredibly advanced and high-tech, the way you go about finding missing children, or helping to find them.

How far back does it set your cause when things like tot mom announcing she`s jumping on the bandwagon and finding missing children? What does that do to your cause?

ALLEN: Well, I mean, one of the big challenges we face is that a case like this defines the problem in the minds of millions of Americans when a mother like Susan Smith reported her child abducted and then it turned out that she killed her children.

When a mother like Mrs. Anthony is accused of doing this to her daughter. To the Barker case in California. So many people then assume, oh, well, the parents are responsible. And so we don`t take these cases as seriously as we need to. And we need to move quickly if we`re going to bring more of these children home.

GRACE: Very quickly, back to Jean Casarez, legal correspondent, "In Session". She`s joining us from Cape May. Jean, tot mom says she`s going to sue the government? I don`t know when our world turned upside down, but apparently it has there in Orlando. How is tot mom going to sue the government? Explain.

JEAN CASAREZ, LEGAL CORRESPONDENT, "IN SESSION": Well, this is an interesting issue. Because I think this is in regard to the audio of Lieutenant Tammy Unser, what we`ve been hearing because it was released as a public document.

Baez has a motion before the court that will be heard at the end of May asking for a protective order on not only the video of Casey Anthony in that medical area by that mounted camera but also in regard to Lieutenant Tammy Unser and any tapes of what she had to say.

So his -- the suing of the jail may be on their negligence in releasing it when a motion is before the court but has not yet been heard, not on the actual recording itself.

GRACE: Out to the lines. Beth in New Hampshire. Hi, Beth.

BETH, CALLER FROM NEW HAMPSHIRE: Hi, Nancy. How are you?

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

BETH: At the time they found the remains they hadn`t been identified. And that`s the time frame you`re talking about, correct?

GRACE: Yes.

BETH: Because if it is, why should she have that reaction that she did when she didn`t at any other time?

GRACE: Oh, Beth. You are so right. Let`s go back to the lawyers. Beth is right on point. Out to you, Renee Rockwell. What are you going to do? Where are you going to hide?

RENEE ROCKWELL, DEFENSE ATTORNEY: Well, Nancy, I mean, again, back to these reactions, I`m not so sure that this is any kind of evidence of guilt, Nancy, and you well know.

GRACE: OK, can you put her up, please? Renee, is that all? No offense, but is that all you can say? This isn`t evidence.

ROCKWELL: But Nancy.

GRACE: That isn`t evidence. It`s coming in. It`s going to be for the jury to decide how much weight to give it.

ROCKWELL: But it`s not evidence of guilt. And you well know, Nancy, that you don`t know how individuals will react when they`re faced with horrific grief.

GRACE: So that`s your response. OK. Ripka, can you do any better?

ALAN RIPKA, DEFENSE ATTORNEY: Well, there are two issues here. First of all, whether or not her right to privacy was violated when they filmed it and took the audio. And secondly whether or not it`s going to be admissible in court as being more probative than prejudicial, Nancy.

GRACE: OK. Neither an answer to the question.

Anna-Sigga Nicolazzi joining us out of New York. Anna-Sigga, how can they defend against this reaction? Beth in New Hampshire`s right. The body had not been identified. I remember when it happened. All right? I was feeding the twins their bottles when I heard the news. My BlackBerry ran across the floor of the living room.

How can they defend against the fact that the body had not been identified, yet she bends over double and asks for medication for herself?

ANNA-SIGGA NICOLAZZI, PROSECUTOR: I don`t think that they can, Nancy. I mean, she reacted that way because she knew it was her child. The evidence points to her. And so that is her now more concerned about herself and how this elaborate plan of hiding the body and trying to pretend that a nanny took the child, that now it is that and they have found the body.

Her plan is unraveling. I don`t see how they can defend. Of course it comes in. And that right to privacy issue, she is in jail. She is in a common area. What expectation of privacy can she had? This is great evidence for the prosecution.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Authorities in southern California are keeping a close eye on the U.S.-Mexico border for any sign of this 3-year-old boy who was abducted at gunpoint.

Police say two gunmen ransacked a San Bernardino home, tied up the family, and stole money and other property and they left with Briant, ordering his mother not to call the police.

UNIDENTIFIED MALE: The suspects have not contacted the family or authorities to demand any type of reward or money or anything like that.

UNIDENTIFIED FEMALE: I always try to ask her maybe do you know the people? Do you have any enemies? Like no, no.

UNIDENTIFIED MALE: Among other things, (INAUDIBLE) said she told the kidnappers, "I don`t owe you a thing."

UNIDENTIFIED MALE: The parents are not suspects. Again, the parents are not suspects in this kidnapping.

UNIDENTIFIED MALE: The two suspects that were inside the house were Hispanic males, both 18 to 24, thin. Both armed with handguns. They tied up everyone. And the 8-year-old -- after the suspects left with the 3- year-old, the 8-year-old was able to free himself, get mom freed, and mom ran to a nearby business and called deputies.

UNIDENTIFIED FEMALE: They ransacked the house for like 15 to 20 minutes, leaving behind large flat-screen TVs and other equipment and just took an undisclosed amount of money and a few personal property items. The 8-year-old boy was able to untie himself and then untie the rest of the family.

(END VIDEO CLIP)

GRACE: Breaking news. As we go to air on this story, we learn that police have a new lead. They`re keeping it close to the vest.

Out to Andrew Mollenbeck with CBS Radio KNX, what can you tell me?

ANDREW MOLLENBECK, REPORTER, CBS RADIO KNX, COVERING STORY: Well, investigators have at least one new lead today. Maybe more than that. At this point they`re not sure how significant those leads are. And they`re really not releasing any of that information because they say they don`t want to jeopardize this investigation.

But certainly that is something that we`re going to follow very closely over the next couple of days. And really here it`s all about publicity. All over Southern California they`re starting to pass out flyers. And even in Mexico.

As you enter the U.S. from the Mexican border, they have two digital billboards with the information about young Briant Rodriguez. So that is really where this is going now.

GRACE: Police officials have got a new lead. They are not stating publicly what the lead is. They will not say whether any arrests are imminent in the kidnapping of little Briant.

So Stacia Glenn, crime reporter with the "San Bernardino Sun." She has spent time with the family. What more can you tell me, Stacia?

(ON THE PHONE)

STACIA GLENN, CRIME REPORTER, SAN BERNARDINO SUN, INTERVIEWED TOT`S FAMILY: Well, Nancy, there`s really not too much new other than that. There was some talk today of a reward being put up. I know the FBI and the San Bernardino County Board of Supervisors have indicated that they`re willing to put up money, but they only want to do that if detectives say that that won`t hinder the investigation. They don`t want to do anything, obviously, to jeopardize the little boy`s life.

GRACE: Well, that seems to me that that in itself is the news, Stacia, that money, reward money is going to be put up. And tonight, as we go to air, we learn that there is a new lead. Police are keeping it close to the vest.

You`re seeing home video of Briant Rodriguez. His mother shared this with KCAL. Take a look at this 3-year-old little boy forcibly taken out of his home. As his mom and four other siblings prepared to go to a local park. Tip line, 866-346-7632.

To Vince Velazquez, homicide detective and hostage negotiator. Vince, what is your take about what`s happening?

VINCE VELAZQUEZ, HOMICIDE DETECTIVE, ATLANTA METRO AREA, HOSTAGE NEGOTIATOR: You know, Nancy, home invaders do not come into a house to steal money, a cell phone, and then take a 3-year-old kid with them. You know that`s just nothing but extra luggage. That doesn`t make sense.

I understand that there may be an adult son that does not live in the house. There could be something connected to this adult son. I think I`d be looking at that. Perhaps. It does not seem to be a traditional kidnapping. No ransom has been asked for yet. And there`s really no leads. I would really be looking at the family. Every member of this family. To find out exactly who they`re associated with.

GRACE: You know, I also understand, back to Andrew Mollenbeck with KNX, that one of the other children states that the perpetrators tried to take the family car and were incensed that they couldn`t find the car keys?

MOLLENBECK: And that`s one of the most difficult things about this, is there is no car specifically that we`re looking for. The family did not get untied in time to see what vehicle may have been in front of the house. There is this Amber Alert here in California, but there is no description of a vehicle that they might be looking for, and that`s just another one of those things that makes it very difficult in this case.

GRACE: Well, the fact that they may have tried to steal the vehicle, at least they`re trying to steal something. But to break into the home, blast through the front door, bind the whole family, little children and their mom face down on the living room floor, and take nothing but a 3- year-old boy and a cell phone?

Out to the lines. Donna in Kansas. Hi, Donna.

DONNA, CALLER FROM KANSAS: Hi.

GRACE: What`s your question, love?

DONNA: Well, first of all, I just want to thank Nancy for the wonderful person that she is. She`s done so much.

GRACE: Thank you. I do not deserve that. You can ask any defense lawyer in town. But thank you. What is your question, dear?

DONNA: OK. Have they really checked the background of this family? It seems to me there`s more than been told. I don`t believe that they just come into a home, take a boy for no reason at all. I don`t know. I`m baffled.

GRACE: Out to the lawyers. Anna-Sigga, Renee, Alan. Renee, what about it?

ROCKWELL: Nancy, first of all, it does seem that it`s more than just money. These are not people that would have ransom money. It seems to me that they went in there with a purpose, they`re ransacking the place.

Thank God because with this you will find a lot of DNA, perhaps fingerprint evidence, hair fibers. But it seems like that the boy was an afterthought upon leaving, and maybe that`s the key. Maybe it is some type of retribution.

GRACE: But Alan Ripka, I understand what Renee is saying, that there wasn`t anything to steal. But if that were the predominant theory, if that were true, we wouldn`t have violent crime in, for instance, housing projects or low-income housing all across the country, where we know the crime rate is the highest.

There`s nothing to steal. Nobody has anything. But yet the crime rate there is the highest, so the fact that these people weren`t rolling in money, that does not negate the fact they may have been trying to steal, Alan Ripka.

RIPKA: Well, I think you`re right. They may have been trying to steal, but in this case, obviously, what sets it apart is the kidnapping. And I think typical thieves, even home invaders, don`t wind up kidnapping people.

GRACE: OK.

RIPKA: Because what are you going to do with them afterwards?

GRACE: Absolutely. Diane in Colorado. Hi, dear. What`s your question?

DIANE, CALLER FROM COLORADO: Yes, your children are beautiful and so are you and your husband. I wanted to know if the father -- they say this boy, the victim`s father, could he have possibly become involved in this, and also, any pings on the cell phone?

GRACE: This father, the bio-dad, is the father only of this child. The other five children in the home are not his biological children. Right or wrong, Stacia Glenn?

GLENN: You know, the family hasn`t talked much about that. I do know that the 3-year-old boy who`s missing, Briant Rodriguez, does belong to the father in the house and he was at work when this happened.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: They have 80 tips so far. They`re following up on 40. They got tips as far south of Tijuana. They`ve got tips as far north as northern California. There have been sightings of this boy all over the place. None of which have panned out. No requests for money. And so they fear this case could go cold.

(END VIDEO CLIP)

GRACE: Baby Briant Rodriguez, gone, age 3, taken after a home invasion, according to the mom.

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

CATHY, CALLER FROM TEXAS: Hi. This is Cathy in Texas and I`m just calling for Nancy Grace?

GRACE: Yes, ma`am. This is she. What`s your question?

CATHY: Hi, Miss Grace. I was wondering if the boy, the eldest boy, the police have spoken with him and if he`s assisting them.

GRACE: Good question. Andrew Mollenbeck, KNX, what can you tell me?

MOLLENBECK: Well, basically, investigators have said straight away that they do not suspect any members of the family, so I would imagine that includes the eldest son, too. She has six children overall. Five of them live in the house with her. Again, the oldest was off alone. But again, police and investigators at this point say that they do not suspect any members of the family.

GRACE: Ernie Allen, president of National Center, Missing & Exploited Children. What do you think, Ernie?

ALLEN: Well, it`s a scary case. Terrifying case. We know that the incidence of kidnapping in the southwest and the border region is increasing. Most of them are robbery based. That`s why we anticipated a ransom note here.

The abductors said they were going to take the child to Mexico and kill him, so we`ve reached out aggressively to our Mexican counterparts. It`s harder to work these cases in Mexico. We hope Mexican authorities will make it as great a priority as we think it deserves.

GRACE: Ernie Allen, God bless you.

ALLEN: Thank you.

GRACE: Let`s stop and remember, Army Private First Class Christopher Warren Lotter, 20, Chester Heights, Pennsylvania, killed Iraq. Lost his life helping locals get clean drinking water. Proud to serve, loved making others laugh. He loved Iraqi children. Leaves behind parents, Barry and Marlene, sister, Michelle, brother Justin.

Christopher Warren Lotter, American hero.

Thanks to our guests, but especially to you for being with us. I`ll see you tomorrow night, 8:00 sharp, Eastern. And until then, good night friend.

END