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Women at War Over David Letterman; The Two Faces of Jon and Kate; Mel Gibson Officially Off the Hook for Anti-Semitic Rant; Anna Nicole Smith Involved in a Murder-For-Hire Plot?; The Naked Burglar Caught on Tape

Aired October 7, 2009 - 23:00:00   ET


A.J. HAMMER, HOST: Right now, on SHOWBIZ TONIGHT, women at war over David Letterman`s shocking sex scandal. Tonight, why are some of Hollywood`s most powerful women defending Dave?


MARTHA STEWART, CELEBRITY HOMEMAKER: It`s not at all disturbing to me. But you know, men are men.


HAMMER: Tonight, the great debate - should women be supporting Dave?

Tonight, the unbelievable two faces of Jon and Kate. Kate cries poverty, but then says she is buying an eight-diamond ring. Jon said he despises Kate, then says something completely different. Tonight, are Jon and Kate the biggest hypocrites ever?

SHOWBIZ crime and punishment. Why is Mel Gibson now officially off the hook for his anti-Semitic drunk driving rant?

And the naked burglar caught on tape. Hey, buddy, put on some clothes.

TV`s first most provocative entertainment TV news show starts right now.


Hello. I`m A.J. Hammer, broadcasting tonight and every night from New York City.

And tonight, ladies for Letterman. Yes, I said, "Ladies for Letterman." Please get your mind out of the gutter. There is an explosion of public support for David Letterman coming from some of the biggest women stars on TV and in the movies despite his confessions about having sexual affairs for women who work for him.

And it made for big news breaking today. Martha Stewart, today, the latest to come out in support of Letterman. You have got to hear this brand-new interview with Martha including why she is saying men will be men.

Also in Dave`s corner tonight, Barbara Walters - why she is defending Dave. And SHOWBIZ TONIGHT is talking with stars in Hollywood who say the same thing. But hold on a just second, because today, the National Organization for Women took a powerful shot at Letterman. What they are saying - it`s going to get women on both sides of this debate all riled up.

Joining me tonight in New York, the very riled up Midwin Charles who is an attorney with the law firm Midwin Charles and Associates. In Hollywood, the always riled-up Pat Lalama who is an investigative journalist.

So out of all the support that Dave`s been getting, the one that really surprised me today is Martha Stewart and the way that she is defending Dave. I want you to listen carefully, because to me, it sounds like she is actually condoning Dave`s behavior with her justification. Watch this.


STEWART: It`s not at all disturbing to me, unless there was force involved which, knowing Dave, not very forceful, by the way. He`s a very attractive man, very appealing. Great sense of humor, obviously.

And I think all this was done when he was still not married although it`s probably still harmful to his wife of six months or however long they have been married. She probably didn`t know maybe all the details. But you know, men are men. I put up with it all. God.


HAMMER: Pat Lalama, let me begin with you and your Lalamanian theory tonight. You heard Martha. She said men are men. Does that make it OK?

PAT LALAMA, INVESTIGATIVE JOURNALIST: No, it doesn`t make it OK. But I think in Hollywood, A.J., there is this attitude that prevails that these are the evolved artiste, that we have a certain entitlement that others don`t, that we can do what we do because we are rich and famous. And we`re, you know, over 21 and we`re free and we can make this choice and it`s nobody`s business.

But I have to tell you something. I really think a lot of people are afraid to say what they truly think because, I think, there will be a certain blacklist if you talk against David Letterman. I think people feel, "If I`m the one who comes out and says, `Oh, my gosh. He`s a heinous horrific creature,` something might happen to my career."

Martha Stewart clearly doesn`t have to worry so much about that. But still, I think, there is this sort of this quiet fear that we can`t be the ones to come out and say how we really feel about what David Letterman has done.

HAMMER: Yes, I think you are making a terrific point especially as it comes to Martha because they are friends to a degree. And I think she perhaps wanted to support him, maybe didn`t choose her words very carefully.

Midwin, let me throw this to you. I mean, you would think that all women would be nearly unanimous in trashing Dave over this, but they are not. Why do you think that is?

MIDWIN CHARLES, ATTORNEY, MIDWIN CHARLES AND ASSOCIATES: Well, I think a lot of it has to do with delivery, right? I mean, what David Letterman did when he did that monologue is he delivered the truth.

And I think in this day and age, when people are being lied to by politicians, their employers and everyone down the chain, the way David Letterman came out and told the truth - I think it was refreshing for people.

And I think that`s one of the reasons why so many people aren`t really up in arms against him. Did he do something wrong? Clearly. Having sex with women who work beneath you and what have you, you know, lists all types of problems in terms of sexual harassment and those kinds of things. But the fact that he just came right out, told the truth, didn`t dance around it and was just straight forward - I think people kind of respect that.

HAMMER: Well, I think that also kind of fogged the issue for a lot of people as to what ended up happening.

CHARLES: It sure did. It sure did.

HAMMER: And Martha, for one, has plenty of company in her support for David Letterman. In fact, SHOWBIZ TONIGHT was right there at the premier for Chris Rock`s new movie, "Good Hair." It was here in New York City. And one of my favorite stars, "Curb Your Enthusiasm" star Susie Essman told us - and she didn`t swear once - she told us she thinks Letterman did handle the whole sex scandal perfectly. Watch Susie.


SUSIE ESSMAN, ACTRESS: I think he`s been handling it brilliantly. I think that it`s like it`s not such a big deal, you know. I mean, he`s not like somebody that has been like the arbiter of morality. He`s a comedian. He`s not out there telling people how to behave. He`s not a senator or a priest or a minister or - you know. He`s a comedian.


HAMMER: OK. I`m hearing that from a lot of people. I totally understand what she is saying. Letterman`s not a senator or a priest. But Pat, he`s still, at the end of the day, the boss having sex with staff members. Is that ever appropriate?

LALAMA: And the same guy who`s made noise about Sarah Palin`s children, OK? So, let`s talk a little bit about hypocrisy. But here`s the deal, A.J. You know, yes, it`s a free world. He is another sleazy guy with power who used that power to have sex with a lot of young women.

There`s a lot of frat-type guys out there going, "Hoo-hoo! Yes, go Dave." But let me tell you who I`m really mad at here. I`m mad at the women in the workplace, these young, vulnerable women who still need their validation by the big powerful boss - "Oh, David Letterman thinks I`m hot, wow."

What about these young women who didn`t seem to care that he was involved in a relationship, who didn`t seem to care, it seems, that they themselves were involved in relationships?

They are using the workplace to do inappropriate things. I`m mad at these women. I hope they grow up before they bring young women into this world.

HAMMER: Yes. It`s interesting to hear that from you, Pat. I`m not hearing that from a lot of people. Let me move on to another star who is supporting Dave. Barbara Walters seems to be making excuses for his behavior.

I want you to watch what she said on "The View" on Monday. Lisa Ling was a guest host on the show that day. And Barbara and Joy did not see eye to eye on this at all.


BARBARA WALTERS, EXECUTIVE PRODUCER AND CO-HOST, "THE VIEW": He is a very attractive man. And as I said, I can give you a list of executives and people on lower levels who have - you know, where do you meet people?

JOY BEHAR, CO-HOST, "THE VIEW": Yes, but that doesn`t eliminate the fact that if you are one of the girls who works there and you`re just, you know, doing your job. And suddenly this other chick is getting the air time.

WALTERS: (UNINTELLIGIBLE) today, but that`s not necessarily sexual harassment.


HAMMER: Yes. Midwin, let me ask you. You know, Barbara is a pioneer for women, so it`s a little surprising to hear her come out so strongly defending Dave. Perhaps, and tell me if you agree, her friendship with Letterman is affecting the ability for her think clearly or communicate clearly, which I can`t do, on the subject.

CHARLES: Of course, I mean, let`s be frank here. Friendship will always trump these kinds of situations. And you have to ask yourself, is Barbara or Martha Stewart going to be unbiased in the situation like this if they are good friends with Dave.

Remember, Dave is someone who has been in the industry for decades, just like Barbara Walters and Martha Stewart as well. So clearly, you know, if there is a friendship there, they`re not going to say anything untoward towards him, or anything like that.

But the point here is, it does trigger all kinds of sexual harassment things. Because if these girls engage in a relationship with Dave because they felt they had to, because he`s the boss, there goes the problem.


CHARLES: So I`m not necessarily agreeing with Pat that these girls were, all of a sudden, wanting to do this. They could have felt the pressure to do it.

HAMMER: Well, to that point.

LALAMA: Oh, no.

HAMMER: Hold on one second, Pat.

LALAMA: Go ahead.

HAMMER: Because I think the National Organization for Women really made a good point when they got involved with this today. NOW is blasting Letterman. They`re calling for CBS to take action against him because he`s a boss in the sex scandal.

Here`s the powerful statement they released today. I think it is very strong, "He`s a multimillion-dollar host of one of the most popular late night shows. In that role, he wields the ultimate authority as to who gets hired, who gets fired, who gets raises, who gets advances, and who does entry level tasks among the `Late Show` employees. As the boss, he is responsible for setting the tone in the entire workplace and he did that with sex."

Very quickly, Pat. I mean, how do you argue with that logic even if you support Dave Letterman?

LALAMA: I don`t argue with that logic at all. But I`m also saying there are two sides to the point. And these young women in the workplace need to have the guts to say, "You know what? This is not right. It stinks. There are a lot of other women involved in the same thing with him. I`m not going there. I`m taking the high road."

HAMMER: I`ve got to end it there. Pat Lalama and Midwin Charles, I thank you both.

Well, let me turn this over to you. Here`s our SHOWBIZ TONIGHT question of the day. Please sound off on this - "David Letterman Sex Scandal: Are you surprised so many women are supporting him?" You can vote at If you`ve got more to say, here`s the E-mail address,

Well, let me tell you this. I am not at all surprised by all of the people who are just sick and tired of Jon and Kate talking out of both sides of their mouths.


JON GOSSELIN, REALITY TV STAR, "JON & KATE PLUS 8": I can`t sit on the sofa with that woman. I can`t on someone right now that I despise.

I want Kate and I to mediate. I want us to become friends.


HAMMER: Yes. All right. You saw it right there. Jon says he despises Kate. Now, he`s saying something totally different.

And then, you have Kate crying boo-hoo-hoo that she doesn`t have money. But then, she says she is buying a diamond ring. So tonight, I have to ask, are these two of the biggest hypocrites ever?

Also this unbelievable story new today - was Anna Nicole Smith involved in a murder-for-hire plot? Really? Was Anna Nicole trying to kill somebody?

Also this.


JEANNE MOOS, CNN CORRESPONDENT (on camera): Just because you say you have swine flu doesn`t give you the right to act like a pig. Marilyn Manson - he was videotaped at a concert, blowing his nose on his fans.


HAMMER: Yes. That`s pretty gross. Can you pass me the hand sanitizer, please? You`ve got to hear about the stars that have been hit with the swine flu. This is SHOWBIZ TONIGHT on HLN.

Now, the "SHOWBIZ News Ticker" - more stories from the SHOWBIZ TONIGHT newsroom making news right now.

TEXT: Since the beginning of the new TV season, "The Jay Leno Show" has finished last in its time slot. "Seinfeld" reunion helps push "Curb Your Enthusiasm" to its highest ratings in five years.


HAMMER: Welcome back to SHOWBIZ TONIGHT. I`m A.J. Hammer in New York. It`s swine flu stardom. Yes, even Hollywood is not immune to the scary deadly illness. Swine flu is catching on with celebrities whether they want to catch it or not.

Here`s CNN`s Jeanne Moos for SHOWBIZ TONIGHT with a revealing look at all of the stars who have been hit with the H1N1 virus.


MOOS (voice-over): It`s the who`s who of swine flu. The latest victim, one of The Backstreet Boys, Brian Littrell.

BRIAN LITTRELL, MEMBER, THE BACKSTREET BOYS: Unfortunately, I was diagnosed with the swine flu.

MOOS: Using YouTube to apologize to fans for missing appearances.

LITTRELL: And my job is to stay away from as many people as I can.

MOOS: Was he crying? Big boys don`t cry. Not even in boy bands. Even Harry Potter`s best friend caught the H1N1 virus.

RUPERT GRINT, ACTOR: It was just like a normal flu.

MOOS: News anchors are dropping like flies.

HARRY SMITH, ANCHOR, "CBS EARLY SHOW": My family won`t talk to me.

MOOS: "CBS Early Show" anchor Harry Smith called in sick from his apartment suspecting swine flu.

H. SMITH: They won`t get within 10 feet of me.

MOOS: MSNBC anchor Rachel Maddow dropped the viral F-bomb.

RACHEL MADDOW, HOST, "THE RACHEL MADDOW SHOW": I had the flu, the capital F flu.




MADDOW: I left some on the chairs.

MOOS: And shared a hand sanitizer with Jimmy Fallon. When actor Tom Arnold mentioned swine flu to TMZ, he added insult to injury.

TOM ARNOLD, ACTOR: Actually, I got the flu that they named after my ex- wife.

MOOS: That`s polite compared to this.

(on camera): Just because you say you have swine flu, doesn`t give you the right to act like a pig - Marilyn Manson.

(voice-over): On his MySpace page, Manson posted, "I have officially been diagnosed by a real doctor with the swine flu." At the same time, he was videotaped at a concert blowing his nose on his fans. There is a name for this, though Manson first denied doing it, then later quibbled with TMZ.

MARILYN MANSON, SINGER: I don`t know if they were necessarily rockets.

MOOS: At least one man thought it would be an honor to get the swine flu from Manson. His concert promoter later denied he even had H1N1.

CNN`s Dr. Sanjay Gupta got it in Afghanistan. Anderson Cooper also got sick with something.

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: And I was freezing cold despite being in the desert - are you coughing or something?

ANDERSON COOPER, HOST, "ANDERSON COOPER 360": I`m still coughing, I will say, just a little bit.

MOOS: How swine flies when you are having fun.

SANJAY: You have viral infections and you have - I know you really trust me there.

MOOS: It`s the A-list for H1N1.


HAMMER: That was CNN`s Jeanne Moos for SHOWBIZ TONIGHT. Another victim of the swine flu - the entire cast and crew of the TV series "Bones." Last week, Fox announce that shooting would actually be halted because the star of the show, David Boreanaz, had come down with a swine flu-type illness. You guys are all washing your hands? OK.

Tonight, will Erin Andrews sue the hotel where the alleged peephole stalker secretly taped her naked? In a brand-new interview with CNN`s Campbell, the ESPN reporter`s attorney, Marshall Grossman, says while Erin has not made up her mind about that yet, nothing is off the table.


MARSHALL GROSSMAN, ERIN ANDREWS` ATTORNEY: Well, right now, Erin is totally focused on assisting the FBI and the U.S. Attorney`s Office in Los Angeles in pursuing and closing this investigation successfully.

Obviously, there is time to think about whatever other actions might be appropriate. But for now, Erin is single-mindedly focused on helping the federal authorities bring this case to closure.


HAMMER: An Illinois man named Michael David Barrett is accused of removing the peepholes of rooms that Andrews was staying at, altering them with a hacksaw and using a cell phone camera to tape her. Nice.

Well, there is certainly no slow down of calls coming in to "Showbiz on Call" about "Jon & Kate Plus 8." And we`ve got a call in to "Showbiz on Call" from ginger in Arizona. Ginger thinks both Jon and Kate just need to shut their face and stay off TV.


CALLER: I think it`s totally ridiculous. And I think it`s outrageous that every time one of them has a problem, how do they end up on the "Today" show or one of the news shows? It`s totally ridiculous. I think they should both go away.


HAMMER: Yes. Wouldn`t that be something? Thanks, Ginger. We also heard from Tammy calling in to "Showbiz on Call" from Louisiana. Now, Tammy thinks that Kate should quit whining about not having money.


CALLER: She was a nurse before she started the show. They made good money. And we believe that if she gets off the air, gets her life together, gets the kids off the air where they won`t be exploited and grow up to regret this, then she can make an extra living as a nurse, not at McDonald`s. I do not feel sorry for Kate. She brought it on herself.


HAMMER: I appreciate your call, Tammy. You can call us at "Showbiz on Call" to sound off on this or anything that`s on your mind. The "Showbiz on Call" phone lines are open all the time. This is the number - 1-888- SBT-BUZZ; 1-888-728-2899. Put it on your speed dial.

Give us a call so we can play your call here on SHOWBIZ TONIGHT and post it on our homepage,

Well, Kate Gosselin just went on TV and told this whole sob story, claiming that Jon cleaned out their joint bank account, and now she can`t pay the bills.


KATE GOSSELIN, REALITY TV STAR, "JON & KATE PLUS 8": I have a stack of bills in my purse that I can`t drop in the mail.

We discussed a ring that I might buy at some point. It has eight little diamonds and mother-of-pearl.


HAMMER: Oh, hold on a second here. Kate says she can`t pay her bills. And then, in the same breath, she says she wants to buy a diamond ring? What is she thinking?

And then, of course, you have Jon. He says, on one hand, he despises Kate and then said he wants to be friends. I mean, really, are they just total hypocrites?

Also tonight, SHOWBIZ crime and justice. New today, is Mel Gibson really off the hook for his DUI bust and anti-Semitic rant?

And then, there is the bizarre story of the naked burglar.


UNIDENTIFIED FEMALE HOMEOWNER: The gentleman was right then and right here in my driveway butt naked.


HAMMER: Hey, buddy. Put on some clothes, OK? Maybe this guy should have stolen some shirts and some pants, I`m thinking. The naked burglar caught on tape. This is SHOWBIZ TONIGHT on HLN.

It is time now for the "SHOWBIZ News Ticker" - these are more stories from the SHOWBIZ TONIGHT newsroom making news right now.

TEXT: Michael Jackson`s "This is It" is one of only 20 films to be released in China this year. The Jackson 5 to release album of never- before-heard songs next month.



HAMMER: Hey, do you think these guys are sexy? Did you see this? Yes, that`s the "Today" show crew going back to yesterday, taking a time warp trip to the 1970s. Wow!

Welcome back to SHOWBIZ TONIGHT. I`m A.J. Hammer. All right. So you are probably asking, what is up with all the mustaches and the polyester and the feathered hair in that picture?

Well, it`s all part of "People" magazine`s 35th anniversary. "People" asked the "Today" show people, Meredith, Matt, Ann and Al to sit for a photo spread as part of the magazine special anniversary issue.

Did you notice how Ann and Meredith didn`t touch Al`s porn stash comment? Anyway, seeing Matt there kind of reminded me of someone. See if you agree.


WILL FERRELL, ACTOR (as Ron Burgundy): I`m not a baby. I`m a man. I`m an anchorman.

HAMMER: Yes. You see the resemblance there? I mean, look at that. I love that movie. Will Ferrell, of course, is Ron Burgundy in "Anchorman."

Don`t forget to pick up your copy of this really cool 35th anniversary issue of "People" magazine. It will be on newsstands Friday.

Well, I have been posting lots of stuff on the SHOWBIZ TONIGHT Facebook page about Jon and Kate fighting over their money. This has really struck a cord. There is a raging debate that`s right on our wall.

Erica N. doesn`t feel sorry for Kate, writing, "Boo hoo, Kate can`t pay her bills. No one wants to hear that in a recession. Join the club. People are losing their houses and jobs. And you`re on national TV crying about you and Jon fighting over money. Give me a break."

Jessica R. says, "Let them talk things out. What they need to do is go into a room and just talk and talk and talk, or yell until there is sense in both of their brains."

Remember, I would love to hear from you on Facebook. Also follow us on Twitter where we can send you breaking entertainment news alerts. Sign up for our Facebook and Twitter pages by going to

Here`s the SHOWBIZ lineup. This is what`s coming up at the bottom of the hour on SHOWBIZ TONIGHT.

Jon and Kate, total hypocrites?

J. GOSSELIN: I can`t sit on the sofa with that woman. I can`t sit on someone right now that I despise.

I want Kate and I to mediate. I want us to become friends.


HAMMER: Jon despises Kate. Now, he wants to become friends. She cries poor and then she`s buying a diamond ring. The incredible two faces of Jon and Kate.

Also, was Anna Nicole Smith really being investigated in a murder-for- hire plot?

Plus, the first time since Kanye West dissed Taylor Swift for Beyonce at the MTV VMAs, Beyonce is speaking out and defending the guy. This is SHOWBIZ TONIGHT on HLN.

Now, the "SHOWBIZ News Ticker" - more stories from the SHOWBIZ TONIGHT newsroom making news right now.

TEXT: Marlon Wayans to play Richard Pryor in a film about the late comic. New line is working on a sequel to 1983`s "National Lampoon`s Vacation."



K. GOSSELIN: I have a stack of bills in my purse I can`t drop in the mail.

We discussed a ring that I might buy at some point. It has eight little diamonds and mother of pearl.


HAMMER: Now, on SHOWBIZ TONIGHT, Kate says Jon left her dead broke, but she wants a diamond ring. Jon says he despises Kate and then he says he wants to be friends. Are they for real? Tonight, are Jon and Kate the biggest hypocrites ever?

Anna Nicole Smith involved in a murder-for-hire plot? Tonight, was she really planning to kill someone for money?


UNIDENTIFIED FEMALE HOMEOWNER: The camera caught him, butt naked with his face. And when he got in my house, he had to see that the system was up.


HAMMER: You have got to see the naked burglar caught on tape. What was he thinking? And why isn`t this guy wearing any clothes?

Plus, more stories breaking from the "SHOWBIZ News Ticker."

TV`s first most provocative entertainment news show continues right now.


Welcome back to SHOWBIZ TONIGHT. It is 30 minutes past the hour. I`m A.J. Hammer, broadcasting tonight and every night from New York City.

Tonight, SHOWBIZ TONIGHT demands to know, are Jon and Kate Gosselin the biggest hypocrites ever? SHOWBIZ TONIGHT did some serious digging around today. And what we uncovered will absolutely astound you because this SHOWBIZ TONIGHT investigation made for some big news breaking today.


(voice-over): Jon, Kate, we`re begging you. Make up your mind already. Why you got to talk out of both sides of your mouth?

Jon Gosselin`s special brand of hypocrisy frankly has us scratching our heads, like all these comments recently about how he really feels about Kate. This guy can`t make up his mind. Which is it, Jon? Who can forget when on September 8th, Jon told Chris Cuomo on "Primetime" that despised Kate.

J. GOSSELIN: I can`t sit on someone right now that I despise.


J. GOSSELIN: I despise because she is not speaking from the heart.

HAMMER: SHOWBIZ TONIGHT wants to know, where is Jon speaking from? Because less than a month later, in a sudden and dramatic move, Jon announces he wants to postpone his divorce with Kate and get on better terms.

J. GOSSELIN: I want Kate and I to mediate. I want us to become friends. I want us to figure out our marriage. I really didn`t mean despise. I regret saying that word.

HAMMER: Hey, Jon. Where did all the despising go? And then, there is that small matter of the $230,000 Kate claims Jon took from the joint checking account. Last night, TMZ caught Jon saying this.

J. GOSSELIN: I did not take money.

HAMMER: He didn`t take the money. But just a few days ago, he told another entertainment news show something quite different, saying, quote, "I have withdrawn roughly $177,000 over the course of a year."

All right, Jon, whatever you say. And that whole money fiasco with Jon had poor Kate crying on the "Today" show Monday about how without that money Jon took, she couldn`t care for her kids.

K. GOSSELIN: I have a stack of bills in my purse I can`t drop in the mail.

HAMMER: We all felt so bad for poor Kate until, that is, about an hour later, when she decided to dish about the new ring she is buying. Yes. She, too, was talking out of both sides of her mouth.

K. GOSSELIN: We discussed a ring that I might buy at some point. It has eight little diamonds and mother-of-pearl.

HAMMER: And to top off Kate`s special brand of hypocrisy, let`s listen to all the different versions she has given the media about how she really feels about the father of her eight kids. First, there`s the high road Kate.

K. GOSSELIN: For the sake of my children, I only speak positive.

HAMMER: But we weren`t hearing positive on Monday when Kate went off on Jon for supposedly taking all that money from their checking account.

K. GOSSELIN: You left your children and their mother unable to pay for the roof over their heads. It`s not acceptable.

HAMMER: A little tip for Jon and Kate as they go on television and blab, blab, blab about their lives - stay consistent.


And you know, when you think about this already, eight mouths to feed and now Jon Kate have added two more on both sides of their mouths. So are Jon and Kate just the biggest hypocrites ever?

Joining me tonight in Hollywood - there he is - Carlos Diaz who is a correspondent with "Extra." Also tonight, in Hollywood, Leslie Marshall, the talk radio host of "The Leslie Marshall Show," only speaking from one side of her mouth tonight.

Well, SHOWBIZ TONIGHT did dig deep today. We found more contradictions than should be legal. So Carlos, please, may I ask this of you? After what we just saw, are Jon and Kate simply the biggest hypocrites ever?

CARLOS DIAZ, CORRESPONDENT, "EXTRA": Anyone who gets divorced is a hypocrite because you say, "Till death do us part." And then you go, "I don`t think so anymore."

But then, the problem is, every divorced couple does this. They all go and they say, "I hate you," "I love you," "I hate you," "I love you." It goes back and forth. But the problem is, Jon and Kate aren`t true celebrities, because true celebrities have handlers, managers, agents, assistants, all kind of like keeping you from saying these things in public.

Either Kate and Jon don`t have them or they`re just getting bad advice because they`re allowed to say these inconsistencies constantly for us to write down, record, and then feedback to them.

HAMMER: It so happens that I have been writing them down, recording them and then feedback on them. And I have that right here. And the big difference is, some of these contradictions are coming out in one sitting.

Let me go through a few of the most hypocritical things that SHOWBIZ TONIGHT dug up on these two today. And I want to start with Kate because of exactly what I`m saying on the "Today" show.

In one interview, she says she is all upset. Jon wiped out the bank account so she can`t pay the bills. But again, during that same chat, she talks about buying new jewelry. Watch this.


K. GOSSELIN: He took $230,000 of the $231,000 that we have liquid. And I have a stack of bills in my purse I can`t drop in the mail.

We`re discussed a ring that I might buy at some point. It has eight little diamonds and mother-of-pearl.


HAMMER: Leslie, off to you. Is that not pure hypocrisy right there?

LESLIE MARSHALL, HOST, "THE LESLIE MARSHALL SHOW": Not only is it hypocrisy. Either these two got to learn to tell the truth or they`ve got to learn lie better. I agree with Carlos. They need some handlers to put some spin on this. I`m sorry. I`m not choked up about the little pearls and the diamonds.

They might have $200,000 and some liquid in the account to get out with an ATM. But she`s got over $1 million home. She`s got a book deal. She makes a lot of money per episode for the television show. So I`m just not buying it.

Jon is living in an apartment. She`s living in a big house. And when they first started these kids, they got all the strollers and diapers and bottles and food for free from companies. So I`m not buying the poverty. She is being a hypocrite. And the little sparkle in her eye about the jewelry shopping list - I`m just like, "Please. Stop it. Stop it. Just stop."

HAMMER: Well, diamonds are a girl`s best friend, isn`t that what they say? And listen, if you think Jon is doing any better about talking about the money problems - oh, no. Because on one hand, in one interview he said just this week, he did take money out of his joint checking account.

This is what he said, "I have withdrawn roughly $177,000 over the course of a year." Now, that stands in stark contrast to what he said brand-new today. Jon caught on tape saying, "I didn`t take any money."

Carlos - and I have a theory here. We`re trying to figure out how he can say he`s taken hundreds of thousands of dollars out in one minute and then, have amnesia the next. Perhaps he hit his head.

DIAZ: Maybe. Maybe it`s the hair implants, you never know. But I`ll tell you who does definitely have amnesia - the fans, because they`re wondering, "Why did we watch this show again? Why did we like this show?"

There is a great quick story of an NBA player about 10 years ago who is asked about making millions of dollars and he said, "Well, yes. We as NBA players make a lot of money, but we also spend a lot of money."

That`s what I feel like with this whole Jon and Kate thing. He is going about saying, $177,000, $230,000 and now, it`s only $22,000. It`s still way too much money. It`s way more money than anyone right now in this down economy is making. And it allows us not to be able to relate to you like we once did.

HAMMER: Yes. And we don`t relate about how they feel about each other or how they claim to have felt about each other, because that story is changing all the time.

I refer you now to Jon`s interview that he did with Chris Cuomo. This was on ABC`s "Primetime" where he`s talking about how he cannot stand sitting on the "Jon & Kate" sofa with Kate. And then, he turns around and tells CNN`s "LARRY KING LIVE" that he would like to sit down and have a little talk with Kate. Listen to this.


J. GOSSELIN: I can`t sit on someone right now that I despise.

CUOMO: Despise?

J. GOSSELIN: I despise because she`s not speaking from the heart.

I want the fodder to stop and I want Kate and I to mediate. I want us to become friends.


HAMMER: Leslie Marshall, I am kind of getting the impression. You have to tell me if you are feeling this way also. Jon has no idea what he wants.

MARSHALL: Oh, that`s very true. You know, "I want to get married. I want to be the dad to these eight kids and do this reality show. No, I don`t want any of that."

I think what`s happened here, guys, is he was with - it`s one of those "the grass is always greener." So you know, he goes around. He does some dating. Maybe he slept around a little bit. And now, he`s like, "I want to come home, Mommy."

And that`s what I think he`s saying with Kate. I think he likes the control aspect of their relationship. And I think he misses what he had because the grass was not greener. The guy doesn`t know what he wants. And I think if he goes back, he might stray again - my prediction.

HAMMER: All right. Quickly, off to you, Carlos. I know you`ve got that SHOWBIZ TONIGHT abacus I sent you over there at the "Extra" studios.

DIAZ: Yes.

HAMMER: Have you been keeping track and are you able to add it up who the bigger hypocrite is - Jon or Kate? Please.

DIAZ: I`m going to have to go even though - I`m on team Kate. I have to go with Kate on that one because we saw what Kate acted like on the show. And now, she`s on "Today" show crying. I`m going with her although Jon does get points for being overly, brutally honest at all times which also doesn`t work for them. So big (UNINTELLIGIBLE).


HAMMER: Leslie Marshall, enough time - enough time just for a name. Jon or Kate - bigger hypocrite?


HAMMER: You win. Carlos Diaz, Leslie Marshall, thanks, guys. I appreciate it.

All right. Tonight, we have SHOWBIZ crime and justice. The bizarre, ridiculous and downright shameful brand-new Hollywood crime stories that have us totally fired up.

So was Anna Nicole Smith really involved in a murder-for-hire plot? This is crazy to me. Tonight, we have unbelievable new details about Anna Nicole`s alleged plot to kill the son of her mega-rich husband. Could she really have done something like that?

Also, Mel Gibson`s DUI shocker. Is Mel really off the hook for his anti-Semitic drunk-driving rant?

We will also have this dumbest burglar ever.


UNIDENTIFIED MALE HOMEOWNER: (UNINTELLIGIBLE) was right then and right here in my driveway, butt naked.


HAMMER: Yes. A butt naked burglar caught on tape. Yes, I know that got your attention. But wait until you hear what he did and what he took in his nude crime spree. This is SHOWBIZ TONIGHT on HLN.

It`s time now for the "SHOWBIZ News Ticker" - more stories from the SHOWBIZ TONIGHT newsroom making news right now.

TEXT: New vodka called "The Godfather," named for the iconic film, to go on sale in April. Monday`s Vikings versus Packers game on ESPN was the most watched cable event ever.



UNIDENTIFIED FEMALE HOMEOWNER: (UNINTELLIGIBLE) was right then and right here in my driveway, butt naked.


HAMMER: She said "buck naked" or "butt naked?" Well, in any event, it was in her driveway. This is nuts. Tonight, SHOWBIZ crime and justice caught on tape. It is the case of the naked burglar.

A man breaks into the house in the buff and it`s all caught on tape. Got to wonder what this guy was thinking. Obviously, not much.

Welcome back to SHOWBIZ TONIGHT in New York. I`m A.J. Hammer in New York.

Tonight, the SHOWBIZ crime and justice court is in session. And besides the naked burglar, also on the docket tonight, Mel Gibson`s arrest record wiped clean. I can`t believe this.

Of course, we cannot forget Gibson`s 2006 drunk-driving arrest that was followed by a hateful and now-infamous anti-Semitic rant. Well, now, after what a judge just did, you can make believe it never happened. But is that fair?

Also on the SHOWBIZ crime and justice docket, legendary director Roman Polanski is denied bail because a judge said he is a flight risk. Yes, you think?

And yes, don`t worry. We will be getting to the case of the naked burglar caught on tape and perhaps a candidate for world`s dumbest criminal.

Joining me tonight in New York for SHOWBIZ crime and justice, attorney Midwin Charles, with Midwin Charles and Associates. In Hollywood tonight, Pat Lalama who is an investigative journalist and has seen it all.

Let us begin with Mel Gibson. His attorney argued Mel has kept his nose clean for three years. He attended AA classes. He paid his fine and he said Mel`s record should be wiped clean.

Well, guess what? A judge actually agreed. Pat, I want to go to you first on this. All the legal issues aside, it feels really icky to me. Is there anything wrong with Mel`s record being cleaned up?

LALAMA: Here`s why it feels icky. It feels icky because of those insipid and heinous comments he made about Jews and women. And we want to believe that there is no way that anybody in 2009 can walk free and not have them hanging over their head.

The fact is that those factors don`t play into it. He did his time. He lived by the rules of his sentence and it`s over. And he is eligible, like anyone else in the state of California, to get it wiped off his record.

I know that judge. I have been in his courtroom many times. He doesn`t necessarily play favorites. Fair is fair. But it`s not going to matter anyway. People aren`t going to forget what he said.

HAMMER: Yes. It may be wiped from the record, but what Mel did, clearly not wiped from our memory. You have got to watch what Joy Behar had to say on her HLN show, "THE JOY BEHAR SHOW" about the judge clearing Gibson`s conviction. Take a look.


JOY BEHAR, HOST, "THE JOY BEHAR SHOW": Let me say this to you. You can run but you can`t hide. You are famous and not necessarily for being a movie star. I mean, more people saw your mug shot than the last three movies combined.

Look, I can understand you want a do-over. Who doesn`t? Look, I wish I had never eaten those first 10 cannolis, but I can`t have them expunged from my thighs.


HAMMER: You`ve got to love Joy. She`s on every night on HLN, 9:00 p.m. Eastern. Midwin, let me ask you to our point, does it even matter that the court wiped Mel`s record clean?

CHARLES: It really doesn`t. I mean, welcome to the criminal justice system. This is how it works. You get a plea deal. And part of that plea deal is you have to meet certain conditions. If you meet those conditions, then your record gets expunged and that`s exactly what happened here. It happens and that`s just the way it is.

HAMMER: Yes, I still haven`t paid money for a Mel Gibson movie since that happened, by the way.

Let`s move on to our next SHOWBIZ crime and justice story. A judge orders Roman Polanski to stay in that Swiss jail until his possible extradition. Now, his lawyers asked if he could be placed under house arrest at a ski chalet.

Well, the judge said no. The reason? He is a flight risk. Pat, was it simply absurd to argue that he was not a flight risk? Of course, that is exactly why he is in jail because he fled the U.S. more than 30 years ago after raping a 13-year-old.

LALAMA: Want to defer to the lawyer on this one, but I`ve just got say from my perspective, there must be poetry in this because it doesn`t make sense to me. What am I not getting? Of course, he is a flight risk. Duh!

HAMMER: All right. All of this is well and good, but we have to move on to what is really important tonight. Let us move on to the naked burglar caught on tape in Louisiana.

Yes. A surveillance camera caught this guy breaking into a house naked. He took a shower and he left with a bed sheet. You cannot make this stuff up. You have got to hear directly from the homeowner and I say enough said. Roll that.


UNIDENTIFIED FEMALE: The camera caught him butt naked. You can see the crack in his butt. You could see the front part of his organ and then he knocked - politely knocked on my window.


HAMMER: Yes. Well, at least it was polite. Midwin Charles, this guy was truly caught with his pants down, wasn`t he?

CHARLES: He sure was. I mean, I really have seen it all. But clearly, this is someone who was not in the right frame of mind to think that he can just roll up into someone`s house butt naked, like she said, and think you can get away with it. It`s crazy.

HAMMER: Pat Lalama, give me the naked truth about what this guy is in for now. I mean, it`s caught on tape. Nakedness aside, he is toast, isn`t he?

LALAMA: Well, here`s the deal. You heard of getting robbed blind. I say you got robbed nude. How about that? And if I were the attorney, I would say, "Well, he was under the influence so he thought he was going to his mama`s house for dinner. And he was not going to steal anything because where would he have hidden it? What do you think about that?

HAMMER: If you were sitting right here with me, Pat, I would say give me some skin. Never mind. Let`s move on. Midwin Charles, Pat Lalama, thanks, guys. Have a good night.

Well, right now, Anna Nicole Smith involved in a murder-for-hire plot? This sounds kind of nuts, right? This is a story new today that you can definitely file it under the "crazy but true" category.

According to the newly released FBI files, the former playmate was investigated about a plot to kill the son of her wealthy late husband. Now, you remember Anna Nicole and E. Pierce Marshall were in this nasty battle over his dad`s mega-millions estate.

Anna Nicole had said all along J. Howard Marshall, her former husband, left his fortune to her. Federal officials never had the goods to prosecute Smith on the alleged murder plot. Believe it or not, even though Anna Nicole and J. Marshall`s son are both dead, the big bucks case is still not settled. Wow.

Well, tonight, Beyonce is speaking out, and for the very first time, about what Kanye did at the MTV Video Music Awards. You haven`t forgotten this yet, right? Kanye, of course, swiped that microphone from Taylor Swift and pretty much said Beyonce should have won.

It was wrong on so, so, so many levels. Well, tonight Beyonce is actually standing up for Kanye West - really. You have got to hear what she says. This is SHOWBIZ TONIGHT on HLN.

It is time now for the "SHOWBIZ News Ticker" - more stories from the SHOWBIZ TONIGHT newsroom making news right now.

TEXT: CBS drama "NCIS" is most popular show on TV for first two weeks of new fall season. Debi Mazar voted off "Dancing with the Stars"; Fmr. Rep. Tom DeLay is hurt and pulls out.



KANYE WEST, SINGER: Yo, Taylor. I am really happy for you. I`m going to let you finish. But Beyonce had one of the best videos of all time.


HAMMER: Who can forget that truly jaw-dropping moment at the MTV Video Music Awards when Kanye West stormed the stage and stole Taylor Swift`s thunder? Taylor, of course, beat out Beyonce for best female video of the year. But Kanye just wasn`t just having it. Well, tonight, for the very first time, Beyonce is breaking her silence about Kanye`s stupid move.

Welcome back to SHOWBIZ TONIGHT. Well, tonight, Beyonce backs Kanye. The onstage Kanye drama at the MTV VMAs started when the video for Taylor`s song, "You Belong With Me" beat Beyonce`s can`t-get-it-out-of-your-head song, "Single Ladies."


Tonight in her very first interview since Kanye`s outrageous outburst, Beyonce is speaking out. Beyonce tells "Oprah" magazine editor-in-chief, Gayle King, even though she was mortified, she totally understood where Kanye was coming from. It was all about art. Really, Beyonce? Take a look at this.


BEYONCE KNOWLES, SINGER: Well, I knew his intentions, and I knew he was standing up for art. And he told me before when they said the nominees, "You have this award." And when they didn`t call my name, he was like, you know, completely shocked.

And when he walked on the stage, I was like, "Please don`t." And he spoke and I was like, "No, no, no." But you know, in the end it ended up being a great night, and Taylor Swift did get her moment and I didn`t have to make an acceptance speech.


HAMMER: Well, Kanye has apologized several times. He told Jay Leno that he might take some time off to work on his issues. And I, for one, think that is an excellent idea.

Tuesday we asked you to vote on our SHOWBIZ TONIGHT question of the day. Just moments ago, I was handed the final results. I will share them with you now. "David Letterman Sex Scandal: Is it being blown out of proportion." Look at this - 78 percent of you said yes. Wow. Twenty-two percent said no.

Among the E-mails, we heard from Tienna in Virginia who says what goes around, comes around, "David Letterman has no problem cutting down, criticizing, making fun of people, i.e. Sarah Palin. So enjoy, David."

But Ellen from Arizona writing, "I totally agree that too much attention is being given to David Letterman`s problems. It`s exactly what the bad guy wanted - negative attention for Letterman.

Well, that is it for SHOWBIZ TONIGHT. Thanks for watching. I`m A.J. Hammer in New York. You can always catch SHOWBIZ TONIGHT on the 11:00s - 11:00 p.m. Eastern and Pacific, and in the morning, 11:00 a.m. Eastern on HLN.