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Nancy Grace

Ex-Convict Dad Abducts Son/Misty Croslin Accused of Road Rage

Aired October 08, 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 tonight. Live, Pennsylvania, state troopers on high alert after an 18-month-old baby boy kidnapped at knifepoint, the baby tonight in extreme danger, the mommy attacked in her own home. The suspect is an escaped felony, armed and dangerous. Tonight, the search by land, by air, for the baby boy, his abductor and a black Mercury Mariner SUV. Where is 18-month-old baby A`dryn?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Amber Alert. Law enforcement needs your help tracking down a beautiful 18-month-old baby boy, A`dryn Allen Drummond. Law enforcement says the man he`s with is considered armed and dangerous, that man the baby`s own father, Johnnie Alexander Drummond. Police say he fled with A`dryn after assaulting A`dryn`s mom. Authorities are afraid of what may happen to the baby.

(END VIDEO CLIP)

GRACE: And breaking news, Satsuma, Florida. A 5-year-old little girl tucked into bed. Five hours later, she`s gone, vanished, the back door propped wide open. Daddy comes home from the night shift to find not a trace of little Haleigh. The last person to see the 5-year-old alive that night, new stepmother Misty Croslin.

Bombshell tonight. In the last hour, Croslin handcuffed and taken for questioning after alleged road rage. In a frantic 911 call, the reported victim tells dispatch a blue Dodge Caliber chasing her for miles, the driver, the occupant wildly gesticulating obscene gestures, threatening her and waving what appears to be a gun. We have the 911 call. And tonight, taking your calls, the alleged road rage victim with us live.

Now, think about it. If new stepmother Misty Croslin will behave this aggressively with another grown woman, a stranger, what would she do behind closed doors with a 5-year-old little girl? Has little Haleigh`s disappearance, the nine-month search for the brown-eyed 5-year-old and the fingers pointing at baby-sitter-turned-stepmom Misty Croslin finally taken a toll? Divorce -- Cummings and Croslin agree to split. Has Ronald Cummings`s worst fears been confirmed, that new stepmother Croslin implemented in the disappearance of his 5-year-old little girl?

(BEGIN AUDIO CLIP)

911 OPERATOR: 911. Do you need police, fire, medical?

UNIDENTIFIED FEMALE: Police.

911 OPERATOR: What address?

UNIDENTIFIED FEMALE: I`m actually driving northbound. I`m passing the Longwood exit on I-4.

911 OPERATOR: OK. And you`re going east or west on I-4?

UNIDENTIFIED FEMALE: East. East.

911 OPERATOR: OK.

UNIDENTIFIED FEMALE: But they need to hurry because there`s someone following me and she`s harassing me, telling me that she`s going to beat my ass and I don`t -- and, like, she`s waving something. I don`t know if she has a gun. I don`t know what the hell`s going on, but please send somebody. Oh, my God! Now they`re coming up next to me! This person needs to be pulled over. It`s a blond, like, female driving. Oh, my God.

911 OPERATOR: What kind of car is it?

UNIDENTIFIED FEMALE: It`s a Caliber, a Dodge Caliber.

911 OPERATOR: What color?

UNIDENTIFIED FEMALE: Like, a neon blue. Not neon blue, but regular blue.

911 OPERATOR: And what is she -- do you know her?

UNIDENTIFIED FEMALE: No! I think that, like, way back, she beeped at me or something, and I just kept driving and ignoring it, and now she`s following me. Her and her friend are flipping me off. She rode up next to me and said, I`m going to beat your ass.

And they`re waving something around. I don`t know what it is, but I don`t want to find out.

911 OPERATOR: OK, what...

UNIDENTIFIED FEMALE: And it`s non-stop. These people are crazy. Like, I didn`t -- honestly, like, you know, I don`t provoke people or do anything as far as road rage, but I mean, these girls are just, like -- I don`t know. Like, I didn`t even do anything, and they`re, like, victimizing me.

911 OPERATOR: Right. Yes, and you really need to make a report with the officer, but I would just...

UNIDENTIFIED FEMALE: I will, definitely. This is, like, you know -- because if I was somebody who -- what if I had a gun in the car or something, you know what I mean?

911 OPERATOR: Yes. No, I know. But I...

UNIDENTIFIED FEMALE: Now there`s...

911 OPERATOR: When they pull over, just stay in your car and wait for the officer to come get you, OK?

UNIDENTIFIED FEMALE: OK. Perfect.

(END AUDIO CLIP)

GRACE: And tonight, a close-knit New Hampshire community reeling after a beloved young nurse and her 11-year-old little girl brutally attacked with a machete and a knife in the early morning hours in their own home, asleep. Suspects? Oh, no, not random killers off the street, not dope dealers, not convicted felons. No. Allegedly, a group of teens, including Boy Scouts and a Mormon missionary student. At this hour, the little 11-year-old girl clinging to life, her mother dead. We want justice!

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Steven Spader and Christopher Gribble are charged with murder. William Marks and Quinn Glover are charged with burglary, conspiracy to commit burglary, and armed robbery. Prosecutors say all four of the suspects allegedly knew that the plan was to kill anyone who may be inside 4 Trove (ph) Road.

UNIDENTIFIED MALE: (INAUDIBLE) were aware going into the home that if there was someone in the house, that they would have to kill them.

UNIDENTIFIED MALE: Prosecutors say Spader had a machete and Gribble was armed with a knife when they attacked Kimberly Cates and then her 11- year-old daughter, who were asleep inside the house. Prosecutors say Kimberly Cates died of multiple stab wounds to her head, torso, arm and leg. Her daughter was also seriously wounded and underwent hours of surgery.

UNIDENTIFIED FEMALE: How humans can do something like that -- it`s a barbaric act.

(END VIDEO CLIP)

GRACE: Good evening. I`m Nancy Grace. I want to thank you for being with us. Live, Pennsylvania, state troopers on high alert after an 18- month-old baby boy kidnapped at knifepoint. Tonight, police make no bones about it. That baby is in extreme danger, the mother attacked in her own home.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: An 18-month-old baby boy is missing and police have issued an Amber Alert. A`dryn Allen Drummond was taken by Johnnie Alexander Drummond after allegedly assaulting the baby`s mom. Authorities say Drummond is to be considered armed and dangerous, urging the public to be on the lookout for a black Mercury Mariner with Pennsylvania license plates. Police need your help to bring little A`dryn home.

(END VIDEO CLIP)

GRACE: Straight out to Patrick Donlin with "The Williamsport Sun- Gazette." Patrick, what happened?

PATRICK DONLIN, "WILLIAMSPORT SUN-GAZETTE" (via telephone): Well, this morning, about 9:00 AM, the suspect assaulted the woman and took the child and went out on the lam in the SUV.

GRACE: Now, that`s certainly breaking it down. Stacey Newman, our producer on the story, what happened? What led up to this? How did he get into the home? How did he attack the mother? Did he use a knife? Did he use a gun? Why did he take the baby? What do we know?

STACEY NEWMAN, NANCY GRACE PRODUCER: Well, what`s just coming in to the NANCY GRACE newsroom right now is that the suspect went to the home, had some sort of argument with the mother. He was armed with a knife, assaulted her, attacked the mom, then he snatched the baby and took off in the girlfriend`s black SUV.

GRACE: Now, here`s my question, Stacey Newman, do we know what, if anything, led up to the altercation? Is this his biological baby?

NEWMAN: Nancy, this is his biological baby. We do not know what led up to this argument, but what we do know is that this father is actually an escaped felon. He has been on the run since the end of August, Nancy, escaping from a halfway house.

GRACE: He`s gone on the run since August, and now he shows up, snatches the baby at knifepoint and takes off. What more do we know about him? Patrick Donlin with "The Williamsport Sun-Gazette," what do we know about him? What is his rap sheet? What is his mental state?

DONLIN: OK. He was threatening to commit suicide on himself this morning. And he was last seen about 50 miles north of Williamsport, in Mansfield. That`s in Tioga County, Pennsylvania. He has a long rap sheet. He was at the Reading halfway house because he was sentenced in early 2008 for a drug delivery case. He had a theft case in the city of Williamsport in October of 2005. And in the year 2002, he had three cases against him in Williamsport, one for an assault in Lycoming County prison and two separate drug delivery cases.

GRACE: Holy moly! To Bethany Marshall, Dr. Bethany Marshall. Everyone, we are taking your calls live. Take a look at this little boy. His father has a history of mental illness. Not only that, he is a many times over convicted felon, especially with drugs. We know that he has weapons with him. And possibly the most disturbing is that he is threatening suicide. And with him is his 18-month-old baby boy. Rosie, if you could show me the little baby?

Bethany Marshall, Dr. Bethany, what`s the most disturbing right now is not only the attack on the mother at knifepoint, but his threats to commit suicide because if he commits suicide, Bethany, he`s not going alone.

BETHANY MARSHALL, PSYCHOANALYST: Oh, no. He`s going to take the child down with him. And you know the homicidal and the suicidal instincts lie side by side. The aggression gets turned against the self and against the other.

And what is typical in these cases is you have a male who`s disturbed personality disordered, abusive, aggressive. The mother of the child tries to break up with him, tries to put a restraining order, tries to protect the baby. Usually, the dad -- and in this case, it`s probably true -- has no interest in the child, but goes after the mother, takes the child to get back at the mother, and says to her, If I can`t have you, you are not going to have your baby. So he directs all the aggression he has against the wife against the child.

GRACE: I`m just thinking, Dr. Bethany, how helpless my twins were at 18 months. I mean, they`re almost 2 now. And to take them -- have someone come to the door, attack me, and take them or one of them at knifepoint?

(CROSSTALK)

GRACE: Bethany, you know...

MARSHALL: Yes?

GRACE: ... in this situation, they never go alone. If he kills himself, he`s taking that little baby with him.

Out to the lines. Jackie, Canada. Hi, Jackie.

UNIDENTIFIED FEMALE: Hi. How are you?

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

UNIDENTIFIED FEMALE: My question is, how did the mother not know that he was coming around? Did they not let her know in any way?

GRACE: To Stacey Newman, our producer on the story. I know she had a restraining order against him -- not one, but possibly two. How did he get in the door?

NEWMAN: I mean, we don`t have the details on that right now, but I would suppose he just simply overpowered her. I mean, if you`re not -- if you know someone`s not coming to your house, they simply show up, they can overpower you, jam their way into the door, and bam, assault you and take off with their child.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: She tried to get out of the vehicle and take the keys. He took the keys from her to take the vehicle. And before she could get her son out of the vehicle, A`dryn Drummond, he fled in the vehicle.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN AUDIO CLIP)

911 OPERATOR: 911. Do you need police, fire, medical?

UNIDENTIFIED FEMALE: Police.

911 OPERATOR: What address?

UNIDENTIFIED FEMALE: I`m actually driving northbound. I`m passing the Longwood exit on I-4.

911 OPERATOR: OK. And you`re going east or west on I-4?

UNIDENTIFIED FEMALE: East. East.

911 OPERATOR: OK.

UNIDENTIFIED FEMALE: But they need to hurry because there`s someone following me and she`s harassing me, telling me that she`s going to beat my ass and I don`t -- and, like, she`s waving something. I don`t know if she has a gun. I don`t know what the hell`s going on, but please send somebody. Oh, my God! Now they`re coming up next to me! This person needs to be pulled over. It`s a blond, like, female driving. Oh, my God.

911 OPERATOR: What kind of car is it?

UNIDENTIFIED FEMALE: It`s a Caliber, a Dodge Caliber.

911 OPERATOR: What color?

UNIDENTIFIED FEMALE: Like, a neon blue. Not neon blue, but regular blue.

911 OPERATOR: And what is she -- do you know her?

UNIDENTIFIED FEMALE: No! I think that, like, way back, she beeped at me or something, and I just kept driving and ignoring it, and now she`s following me. Her and her friend are flipping me off. She rode up next to me and said, I`m going to beat your ass.

And they`re waving something around. I don`t know what it is, but I don`t want to find out.

911 OPERATOR: OK, what...

UNIDENTIFIED FEMALE: And it`s non-stop. These people are crazy. Like, I didn`t -- honestly, like, you know, I don`t provoke people or do anything as far as road rage, but I mean, these girls are just, like -- I don`t know. Like, I didn`t even do anything, and they`re, like, victimizing me.

911 OPERATOR: Right. Yes, and you really need to make a report with the officer, but I would just...

UNIDENTIFIED FEMALE: I will, definitely. This is, like, you know -- because if I was somebody who -- what if I had a gun in the car or something, you know what I mean?

911 OPERATOR: Yes. No, I know. But I...

UNIDENTIFIED FEMALE: Now there`s...

911 OPERATOR: When they pull over, just stay in your car and wait for the officer to come get you, OK?

UNIDENTIFIED FEMALE: OK. Perfect.

(END AUDIO CLIP)

GRACE: If these allegations are true, it should make the court wonder, if she will behave this way with a grown woman she doesn`t even know in public, how would she behave behind closed doors with a 5-year-old little girl?

Straight out to George Spencer with WFTV. George, what happened?

GEORGE SPENCER, WFTV: Nancy, the hard to explain just keeps happening in this case. It was early yesterday morning, actually late morning, about 11:00 AM, Seminole County deputies got a 911 call from that driver, those tapes that we were just listening to, and that driver is in panic mode. She`s driving eastbound on I-4, which is sort of east, away from the Orlando metro area in some of our more suburban areas. And she sees this blue car that, for whatever reason -- she believes she might have cut this car off earlier down the road.

The car starts circling her, honking at her. The people inside start yelling obscenities, shouting at her. And at one point, most frightening of all, this driver says she thought she even saw the two women inside that car flash a gun as they were driving. Now, keep in mind, this is one of the most busy highways in our area. It`s the major throughway kind of north and east out of Orlando, up towards Daytona. So one of the woman in that car turned out to be Miss Misty Croslin.

GRACE: With me right now and taking your calls live is the alleged victim in this case, Courtney Ballinger, accusing Misty Croslin of threatening her on the road, flipping her off, shooting a bird at her, threatening to beat her. Miss Ballinger, thank you for being with us.

COURTNEY BALLINGER, ROAD RAGE VICTIM (via telephone): Hi. Good evening.

GRACE: Miss Ballinger, I heard the 911 call, but tell me again what happened. How do you believe this whole thing started? You cut somebody off?

BALLINGER: You know, I don`t really know how it started. I was working, and all of a sudden, the car came up next to me with the driver hanging half out of the window, and it progressed from there.

GRACE: The driver hanging out of the window? Doing what?

BALLINGER: Just basically saying over and over again, you know, We`re going to beat you up. You`re dead. You`re dead. She was hanging out -- both of her hands were out of the window, waist up out of the car, telling me to roll my window down. It was pretty intense. I mean, we were going about 80 miles an hour in lunch hour traffic. It was a very dangerous situation that escalated very quickly.

GRACE: In lunch hour traffic, the driver`s hanging out the window, both hands out the window, what, shooting a bird at you, flipping off, what? What was she doing with her two hands?

BALLINGER: Well, one, she was motioning for me to roll down the window, and the next one, you know, she was just basically pointing at me, waving her finger, just, you know, trying to scare me.

GRACE: What was the other one doing, what, steering?

BALLINGER: You know, I -- it was just so fast, I wasn`t really paying attention to what the other one was doing. I just wanted it to go away. And I was -- you know, for the first 10 minutes -- this happened for about a half hour. The first 10 minutes, you know, I was working. I was, like, you know, Whatever, they`re -- obviously, they`re angry, whatever. I tried to ignore them, but after about 10 to 12 minutes, that`s when, you know, I had tried several times to speed up and get away from them, but they were relentless. They would not let me go.

(BEGIN AUDIO CLIP)

BALLINGER: We`re going 65, 80 miles an hour down I-4, and you know, cutting me off, tailgating me, slamming on their brakes in front of me. I mean, I`m trying to avoid these people, and it was just -- it was escalating very fast.

(END AUDIO CLIP)

(COMMERCIAL BREAK)

911 OPERATOR: ... car is it?

UNIDENTIFIED FEMALE: It`s a Caliber, a Dodge Caliber.

911 OPERATOR: What color?

UNIDENTIFIED FEMALE: Like, a neon blue. Not neon blue, but regular blue.

911 OPERATOR: And what is she -- do you know her?

UNIDENTIFIED FEMALE: No! I think that, like, way back, she beeped at me or something, and I just kept driving and ignoring it, and now she`s following me. Her and her friend are flipping me off. She rode up next to me and said, I`m going to beat your ass.

And they`re waving something around. I don`t know what it is, but I don`t want to find out.

911 OPERATOR: OK, what...

UNIDENTIFIED FEMALE: And it`s non-stop.

(END AUDIO CLIP)

GRACE: We are taking your calls live. Let`s unleash the lawyers. Joining us tonight, famed defense attorney out of the California jurisdiction John Burris. Also with us from the Atlanta jurisdiction, renowned attorney Raymond Giudice. OK, this is not a good look (ph), Giudice, for somebody that cops want to talk to in the disappearance and possible death of a 5-year-old little girl.

RAYMOND GIUDICE, DEFENSE ATTORNEY: She`s not heeding the advice of her lawyer to lay low. But let me just throw out one thing...

GRACE: Oh, add to that device, Don`t chase people down the interstate in broad daylight during rush hour. Don`t shoot birds. Don`t threaten to kill people.

GIUDICE: Right. Right. Right. But let`s just make one thing clear, that the Florida road rage reckless driveway statute applies only to the driver or operator of the vehicle. Misty may have a verbal assault charge...

GRACE: Oh, you`re on a first name basis now?

GIUDICE: She may have a verbal assault charge, but not a road rage charge.

GRACE: Pause! If the victim is telling the truth...

GIUDICE: I have no reason to believe her.

GRACE: ... the driver was hanging out the window, which means, at some point, Misty Croslin -- deduction -- was driving the car.

GIUDICE: I think that`s -- I don`t think that`s going to get a charge.

GRACE: Whoopsie!

GIUDICE: That`s a stretch.

GRACE: You don`t know about that. Burris, what about it?

JOHN BURRIS, DEFENSE ATTORNEY: I don`t think that`s going to justify a charge, either.

GIUDICE: Right.

BURRIS: Plus, I don`t think it`s even believable that both arms were outside the window and the car was going 80 miles an hour and somebody else was trying to...

GRACE: I believe it.

BURRIS: ... steer that wheel from the other side. Well, I know, but I`m saying I don`t think a prosecutor will believe it as it...

GRACE: Did you ever see "Thelma and Louise"?

BURRIS: ... as it relates to -- as it relates to -- yes, but that`s movies. These are women, and they`re not necessarily acrobatic drivers type things. That`s a serious allegation that someone was doing it for 10 miles.

GRACE: You know, it`s just like you two -- - put them up, Rosie. I want to see these two. It`s just like you to try to find a loophole, a technicality in the Florida law whereby Croslin wouldn`t be responsible, when the reality is what we`re talking about is threatening, allegedly threatening a grown female...

GIUDICE: Nancy, the reality is, they weren`t...

GRACE: ... to beat her to death.

GIUDICE: The reality is they were not charged by the law enforcement officers at the scene who interviewed this witness.

BURRIS: And they let them go.

GIUDICE: They`re not -- they`re home.

(BEGIN AUDIO CLIP)

BALLINGER: They were hanging out of the window, flipping me off, you know, telling me they`re going to kill me, you know, motioning that they had a weapon in the car. You know, it turns out they didn`t have one, but they definitely wanted me to think they did.

(END AUDIO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED REPORTER: Out of nowhere, they just started honking at me, circling me, hanging out of the window, saying, you know, threatening to beat me up, they`re going to kill me. I think it`s absurd that someone who`s in trouble is going to go around and cause more problems for themselves.

UNIDENTIFIED FEMALE: Was the bed made?

MISTY CROSLIN-CUMMINGS, RONALD CUMMING`S WIFE, LAST SEEN HALEIGH: No, I was sleeping in that bed. How would the bed be made if someone was sleeping in the bed? I wasn`t the only one sleeping in it, but how would it -- how would me and his son, how would the bed be made if we were in the bed sleeping?

They`ve been on me for six months. They haven`t left me alone for six months. I`ve been the one, the main focus. They just need to move on and look for the right person.

UNIDENTIFIED 911 OPERATOR: 911. Do you need police, fire or medical?

UNIDENTIFIED FEMALE: Police.

UNIDENTIFIED 911 OPERATOR: What address?

UNIDENTIFIED FEMALE: I`m actually driving northbound. I`m passing the Longwood exit on I-4.

UNIDENTIFIED 911 OPERATOR: And you`re going east or west on I-4?

UNIDENTIFIED FEMALE: East. East.

UNIDENTIFIED 911 OPERATOR: OK.

UNIDENTIFIED FEMALE: But they need to hurry because there`s someone following me and she`s harassing me, telling me that she`s going to beat my ass, and like she`s waving something. I don`t know if she has a gun. I don`t know what the hell is going on. But please send somebody.

Oh my god, now they`re coming up next to me. This person needs to be pulled over. It`s a blonde, like female driving. Oh my god.

UNIDENTIFIED 911 OPERATOR: And you`re going to pull over really soon?

UNIDENTIFIED FEMALE: No, well, I don`t know. I don`t think that`s a good idea. If you want, I can, should I?

UNIDENTIFIED 911 OPERATOR: Let me ask someone.

UNIDENTIFIED FEMALE: Now they`re getting over into the middle of the lane, I think they see the officers.

UNIDENTIFIED 911 OPERATOR: Did you put your hazards on?

UNIDENTIFIED FEMALE: They`re getting over, they`re trying to run. I bet you these people have a gun, I swear to God, they do. The officer`s left of us.

UNIDENTIFIED 911 OPERATOR: Did you put your hazards on?

UNIDENTIFIED FEMALE: Yes. He`s right, the officer`s right next to me.

UNIDENTIFIED 911 OPERATOR: OK. And where did you see the other vehicle?

UNIDENTIFIED FEMALE: Yes, I got him. Thank you so much. Oh my god.

(END VIDEO CLIP)

NANCY GRACE, HOST: In a bizarre twist, the last woman to see 5-year- old Haleigh Cummings alive, the girlfriend-turned-stepmother, Misty Croslin is now a suspect in an incident of road rage.

To our chief editorial producer, Ellie Jostad. Ellie, what more can you add?

ELLIE JOSTAD, NANCY GRACE PRODUCER, COVERING STORY: Well, Nancy, listening to this incident report, it sounds like something out of "Cops". When they finally get Croslin and the driver of the car to pull over at a mobile gas station, not only are the Seminole County sheriff`s deputy there is, but also the Lake Mary Police.

They approach the car with their guns drawn. They cuff both Croslin and the driver and search the car for a weapon, but when they don`t find one, both of them are released.

GRACE: To Lou Palumbo, former Nassau County Police investigator, now private investigator, that is exactly what the police should have done. That was not an overreaction. For all they knew, Lou, there was a weapon in that car.

LOU PALUMBO, FORMER NASSAU COUNTY POLICE INVESTIGATOR, PRIVATE INVESTIGATOR: Yes, that may very well have been the case. But, Heidi, I want to wish my wife, Julie, a happy anniversary. And now to respond to that.

GRACE: And I would like to tell her congratulations. OK, go ahead.

PALUMBO: Thank you. I think the police acted consistently with this problem that they were brought into. Based on the 911 tape, obviously, there was a high cause for alarm. Quite frankly, I`m a little confused as to why they didn`t take the operator to have the motor vehicle into custody and charge her with a crime and then let the district attorney sort this out.

Unfortunately, our friend who you are so very fond of, although she wasn`t operating the vehicle, was still complicit in this activity, which was clearly reckless and dangerous.

GRACE: To Marlaina Schiavo, our producer on the story from the very beginning. So much is happening right now. We just learned the bombshell went it dropped that the two are divorcing and that has a lot of implications as far as the search for little Haleigh and their techniques in how they will pursue Misty Croslin for questioning.

But this is a real telltale sign, according to many court watchers. If she will behave this way in public, in rush hour, with a grown woman, what would happen at home with the doors closed, when a child acts out, throws a temper tantrum, irritates her for whatever reason.

There are a lot of very disturbing ripples out of this one incident. What more do we know and why weren`t they charged?

MARLAINA SCHIAVO, NANCY GRACE PRODUCER, COVERING STORY: Well, first of all, Nancy, you`re right, this -- I mean this does not look good for Misty Croslin, even though, you know, she`s been doing a lot of things that her lawyer has advised her not to do. And now this. So this is crazy.

Now, as far as the charges, the woman was so shaken, the victim in this was so shaken, she wasn`t even thinking about paperwork or charges, she just wanted to get out of there. After the cops showed up and she realized she was safe, she just got out of there. So that`s why no charges have been filed.

And yes, and I found out, also, today, that Misty was en route to her lawyer`s office when this all happened so.

GRACE: Joining us tonight, the alleged victim of this incident of road rage, Courtney Ballinger.

Miss Ballinger, why didn`t they at least issue a citation?

COURTNEY BALLINGER, ACCUSES MISTY CROSLIN-CUMMINGS OF THREATENING HER ON THE ROAD (via phone): You know, I don`t really know why no charges were filed. I wasn`t asked if I wanted to press charges. Basically, you know, the police officers came up and told me what happened and said they don`t have any weapons, you know, are you OK to drive?

And I said, yes, I`m OK, and I said, does that mean I can leave? And they said, yes, you can leave whenever you want. And I left immediately. So, you know, I think if I would have stayed, I probably could have, you know, done something, but I was so shaken at that point, I just wanted to get back to my day.

GRACE: Well, let me ask you this, you said you know charges are being filed. What do you mean by that? That you called police?

BALLINGER: I`m sorry, can you repeat that question?

GRACE: You said, I know charges were filed. What do you mean by that? That you called police? I mean, is there going to be follow-up? What`s going to happen now?

BALLINGER: No, I don`t think charges -- actually, charges were not filed. I don`t plan on filing any. You know I just -- I just wanted to be rescued from the situation. I wasn`t really trying to get anyone in trouble. I just wanted to get out of there.

GRACE: Are you familiar with the search for Haleigh Cummings?

BALLINGER: You know, I wasn`t really familiar with it. I`d heard that name, Haleigh Cummings before, but you know, it wasn`t until all the news reporters started contacting me that I even knew who this person was or anything. I had no idea it was her. You know, I was shocked. I had no idea.

GRACE: Joining me on the lines, Toni in Pennsylvania. Hi, dear. Oh, excuse me. Jennifer in California. Hi, what`s your question?

JENNIFER, CALLER FROM CALIFORNIA: Hi, how are you?

GRACE: I`m good, dear.

JENNIFER: I`m kind of wondering, maybe this Courtney made a gesture to Misty and then, you know, maybe got Misty wound up and that`s why Misty kind of threw up in a rage.

GRACE: Can I ask you something, Jennifer? What makes you think that this woman made a gesture at the other car? I mean, have you heard a fact or any suggestion of that? I mean, are you just making that up? Why do you think that`s what caused this?

JENNIFER: Well, because of the story that this Courtney made, you know, she could have stuck around and made -- you know, did charges and.

GRACE: OK, that makes sense, Jennifer.

Courtney Ballinger, the alleged victim in this case. All signs point to the fact that you were the victim, you`re the one that called 911, you`re the one that pulled over to the side of the road for police to show up, if you had been the wrongdoer, I doubt highly that you would have called police and then stuck around for them to show up.

But let`s talk about Jennifer`s question. Why didn`t you stick around to finish up the process and file charges?

BALLINGER: I wasn`t asked to.

GRACE: OK.

BALLINGER: To stick around and file charges. I thought that the police would handle it from there. And like I said, you know, I did nothing to provoke them. I was working. I`m in sales. I was driving to my next client, I was trying to make it there before 12:00.

GRACE: What do you for a living?

BALLINGER: And this happened.

GRACE: What do you do for a living, Courtney?

BALLINGER: I`m in pharmaceutical sales.

GRACE: Out to Toni in Pennsylvania. Hi, dear.

TONI, CALLER FROM PENNSYLVANIA: Hello, friend, how are you?

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

TONI: Well, first of all, I think you hit the nail on the head with Ronald the other night. I do not believe he was telling you the truth at all. He does know.

GRACE: I don`t either.

TONY: He does know more than what he`s saying. What I found very amusing is that Misty loved this child so much, doesn`t know the birth date, doesn`t know the color of her hair, doesn`t know her weight, her height, and he continues to say, you let someone steal my kid.

GRACE: You know, that is exactly what he said that night on the 911 call.

TONI: Yes.

GRACE: I think that tells it all. And you`ve got to think about his situation. He let it slip that he wants a divorce, that she did not want the divorce. And he is still waiting for her to sign the divorce papers. She still hasn`t signed the divorce papers. He signed them. So right now, I`ve got a feeling he doesn`t want to tip the apple cart.

To Brenda, hi, Brenda, what`s your question?

BRENDA, CALLER FROM LOUISIANA: Yes, ma`am, Miss Nancy, I want to say that I thank you for what you`re doing, and I love you so. And my question is, the night that Misty Croslin put Haleigh to bed, her and the little brother, at 10:00, and from 3:30 in the morning when Ronald Cummings came home, did they ping those cell phone towers to see where she was?

GRACE: Good question. What about it, Ellie Jostad?

JOSTAD: Well, Nancy, we haven`t heard yet if they have been able to pinpoint her location. It sounds like they haven`t, because they`re asking the public to come forward and fill in those blanks.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED 911 OPERATOR: And where she at right now?

UNIDENTIFIED FEMALE: We are coming up like to the rest area, exit Lake Mary Boulevard. So somebody on Lake Mary Boulevard can probably get on.

UNIDENTIFIED 911 OPERATOR: OK. Just keep me posted. Is someone else in the vehicle with her?

UNIDENTIFIED FEMALE: Yes. Yes. I don`t know, these people are like seriously scaring me, like big time, and I don`t get scared easy.

UNIDENTIFIED 911 OPERATOR: Is the passenger, white black or Hispanic?

UNIDENTIFIED FEMALE: White.

UNIDENTIFIED 911 OPERATOR: Female or male?

UNIDENTIFIED FEMALE: I think female, I`m not sure.

UNIDENTIFIED 911 OPERATOR: And what are they doing now?

UNIDENTIFIED FEMALE: Just driving. I don`t know. I`m trying not to look at them.

UNIDENTIFIED 911 OPERATOR: And what kind of car are you in?

UNIDENTIFIED FEMALE: I`m in a silver Honda Accord `02.

UNIDENTIFIED 911 OPERATOR: OK, sir, let me talk to you wife. Let get some information from her.

UNIDENTIFIED MALE: (INAUDIBLE)

UNIDENTIFIED 911 OPERATOR: Can I talk to her? OK.

UNIDENTIFIED MALE: How the (EXPLETIVE DELETED) can you let my daughter get stole, (EXPLETIVE DELETED)?

(END VIDEO CLIP)

GRACE: To be the subject of two 911 calls in just a spate of months is not a good thing for girlfriend-turned-stepmother Misty Croslin. She was at home alone the night a little girl, a 5-year-old, Haleigh Cummings goes missing out of her own bed, according to Croslin, and now she`s accused of a road rage incident that left Courtney Ballinger, allegedly, in fear of her own life.

Does it ever end with this bunch?

Courtney Ballinger, you`re a pharmaceutical sales rep. You have to travel from doctor to doctor, hospital to hospital. You can`t get away from being on the road. I would assume, as a lady driving by herself for a living, this is one of your fears, that there will be some type of incident on the road.

BALLINGER: Well, absolutely. You know, I`ve done this for over a year now, driving every single day, all day, and I`ve never come in contact with someone so aggressive and so relentless on, you know, just nonstop. I mean, I`ve never come across.

GRACE: How long.

BALLINGER: . someone who`s so aggressive.

GRACE: How long do you believe that they pursued you?

BALLINGER: About 30 minutes. I would say from start to finish, it was about 30 minutes. I ignored it for about the first 10 minutes, which doesn`t sound like a long time, but when you`re driving and you`re avoiding another car who`s coming at you, I mean, it was a very stressful 10 minutes.

And you know, when they started -- they reached down and started flailing something around, you know, they wanted me to think that they had a weapon. They wanted to scare me. And that`s when I called the police.

GRACE: Out to the lines, Kathy in Florida. Hi, Kathy?

KATHY, CALLER FROM FLORIDA: Hi, Nancy. I just want to say, my mother and I love your show, your beautiful children, and our prayers are with the mother. But I have a question about the storm door.

If Misty got up and seen the storm door open, held open by a block, was the inside door held open also? Or -- I just don`t understand that part.

GRACE: To Rosy in the control room, see if you can pull up that video of Marlaina in the home, showing us that door.

Marlaina Schiavo, while we wait for that, explain. Answer the question, please.

SCHIAVO: The answer to that is no. She wouldn`t have seen it immediately, because the second door, the inside door closed automatically. The only theory that we have, and it`s only a theory, is maybe the inside door was propped open with some laundry that was on the floor, maybe holding it open. So that`s where we are with that.

GRACE: You`re seeing the inside of the home. There`s the video of Marlaina`s tour of the home. Just keep that rolling, Rosy, because in a moment we`re going to see Marlaina walk to that back door that was allegedly propped open.

Cher in Illinois, hi Cher. There you go, there`s the door. Go ahead, Cher.

CHER, CALLER FROM ILLINOIS: Hi, Nancy. Love your show.

GRACE: Thank you for calling in.

CHER: Praying for your mom. Got a question regarding Misty. With her flunking two polygraphs and the voice stress test and everything else that`s been reported about her, she would have to be considered a person of interest. Why do they keep letting her leave town?

GRACE: Let`s go to the lawyers. John Burris, San Francisco, Raymond Giudice, Atlanta.

John Burris, just as a person of interest, they can`t make you stay put.

JOHN BURRIS, DEFENSE ATTORNEY: Absolutely not. A person of interest, as you know, is free to go. That just means they have some interest, they might think you`re involved, but they don`t have sufficient evidence to tie you into it. So they`re free to go wherever they like to go and no law can stop them.

They need to go to a different level to have probable cause to arrest them, in order to justify keeping them in a location. But otherwise, they`re free to go wherever they like to go.

GRACE: You`re right. And Raymond Giudice, she`s not been named a person of interest and I think there are reasons for that.

RAY GIUDICE, DEFENSE ATTORNEY: Well.

GRACE: Either they don`t have the evidence or if they -- once you`re named a person of interest, that could invoke for constitutional rights.

GIUDICE: Well, that`s right. And additionally, I do think that they`re allowing her to do this type of behavior and hopefully something else to lead them to -- I hate to use that phrase -- the smoking gun, the crucial piece of evidence to solve this crime.

GRACE: And to Dr. Michael Bell, back to Haleigh herself. If the child is still alive, we know she has intense asthma and Turner syndrome. If she is alive, what obstacles is she facing?

DR. MICHAEL BELL, PALM BEACH CO. CHIEF MEDICAL EXAMINER: Well, I think the biggest problem would be her asthma. If she has a serious asthma condition, she`s going to need medication. Because asthma is going to prevent you from breathing normally. And that could be a very serious condition.

GRACE: Everyone, very quickly, we`re still taking your calls. I want to tell you about a group of Boy Scouts and a Mormon missionary student who allegedly commit murder on a defenseless woman asleep in her own bed, a mother, and attacked the 11-year-old little girl. Take a listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED REPORTER: Prosecutors say Christopher Gribble was armed with a knife and Steven Spader had a machete. Authorities say William Marks and Quinn Glover were also armed when they entered Fort Throw Road in Mt. Vernon. Kimberly Cates and her 11-year-old daughter were sleeping inside.

Gribble and Spader face three charges that include first-degree murder. Prosecutors say both suspects hit Cates and her daughter with their weapons. Kimberly Cates allegedly died in her bed while the 11-year- old suffered serious injuries.

Marks and Glover are not charged with murder, but are charged with burglary, conspiracy to commit burglary, and armed robbery.

(END VIDEO CLIP)

GRACE: To Maria Cramer, crime reporter with the "Boston Globe," I understand that daddy had gone out of town that night?

MARIA CRAMER, CRIME REPORTER, "BOSTON GLOBE": Yes, the father was away, he was away on business. And Kimberly Cates and her 11-year-old daughter were at home alone when the attackers came in at 4:30 in the morning on Sunday.

GRACE: What went wrong, Maria? Boy Scouts, missionary students?

CRAMER: Two of the young men charged, and that would be Steve Spader and Chris Gribble, were Boy Scouts together. And Chris Gribble is also a Mormon, that`s correct. And basically, they fell apart, what we`re told, by family and friends, or friends and neighbors, that Chris Gribble began to, you know, dabble in knives and Steve Spader was bipolar, wasn`t taking his medication around his sophomore year in high school.

People really began to notice a change. And he was dressing differently, he was acting differently, he wasn`t the friendly, funny kid he used to be.

GRACE: We`ll be right back with Maria Cramer from "The Boston Globe" taking your calls.

(COMMERCIAL BREAK)

GRACE: Straight back to Maria Cramer with the "Boston Globe," so the mother and the little girl were home alone and I understand they live in kind of a secluded area, down a dirt road. A very tranquil, almost idyllic setting?

CRAMER: Yes, exactly. I mean it`s the way you picture any New England town. It`s beautiful, heavily forested, there are rolling hills, vistas. It`s a gorgeous place to live and a beautiful place to raise your children.

GRACE: Oh, my stars. I just hate it for the father, to be out of town, working, trying to support them and he gets this call. The wife is dead by machete attack and the little girl is clinging to her life. The dad still standing by at the hospital with the little girl.

Clark Goldband, what more can you add?

CLARK GOLDBAND, NANCY GRACE PRODUCER, COVERING STORY: It`s our understanding from prosecutors that, in fact, these men -- or should I say teens, chose these victims at complete random. According to prosecutors, they made a pact to hunt and kill whoever was inside that house, not knowing who was actually there.

GRACE: Well, you know what, that doesn`t even make any sense, because I think they had to know the father wasn`t home.

And to you, Dr. Bethany, psychoanalyst, author of "Deal Breakers," Boy Scouts, Mormon missionaries, enter a pact to kill and dismember? I don`t get it.

BETHANY MARSHALL, PSYCHOANALYST, AUTHOR OF "DEALBREAKERS": Let`s call this what it is. This is four monsters who found each other in a small town. They had probably been plotting and planning, romanticizing the idea of murder. It was probably really exciting to them. There was probably one ringleader who really made the final plan and incited the others to follow.

GRACE: Everyone, let`s stop and remember Army Staff Sergeant John Linde, 30, Fort Drum, New York, killed, Iraq. From a long line of vets on a second tour, awarded the Bronze Star, Purple Heart, Army Achievement Medal.

Loved outdoors, fishing, racing ATVs, dreamed of being a cop. Leaves behind grieving father John, sister, widow, Vilma, and two daughters.

John Linde, American hero.

Thanks to our guests, but especially to you for being with us. And tonight, please send your thoughts and prayers to our friend, Eleanor Odom, just through emergency open heart surgery.

Everyone, I`ll see you tomorrow night, 8:00 sharp, Eastern. And until then, good night, friend.

END