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Man Dies after Being Tased in Police Custody; War Over Witnesses in Casey Anthony Case

Aired October 15, 2010 - 19:00:00   ET



JANE VELEZ-MITCHELL, HOST (voice-over): Tonight, drugged up you, naked and out of control. A horrifying police chase ends in death. A man tased by police four separate times. Now he`s dead. Is this police brutality, or death by drugs?

And will there be a war of witnesses in the Casey Anthony murder case? The prosecution is gearing up to question the biological son of the meter reader who discovered little Caylee`s dead body. The defense talked to the son a year ago. Why so much interest in this guy?

Also, hunting down a killer. Beautiful Morgan Harrington vanished from a Metallica concert a year ago. She was brutally murdered, her bones found shattered. Tonight her killer is still on the loose. Are cops any closer to finding this monster? I`ll talk to Morgan`s frustrated, furious parents.

And a Hollywood marriage ends in public betrayal. David Arquette and Courtney Cox are officially done, and now he`s airing his dirty laundry on Howard Stern? Complete with all the sexual details? Why is he doing this to his family?

ISSUES starts now.


VELEZ-MITCHELL: Escalating outrage tonight. A 31-year-old man dies in police custody after being tased four times. KULR (ph) television reports Ryan Bane was strapped to a chair and surrounded by eight officers when he was zapped with a fourth stun-gun shock. Two days later, he was dead. Now there`s an internal investigation into the officers` actions. Was it really necessary for cops to tase him when he was already confined to a chair?

Cops say the 31-year-old Ryan Bane was arrested after he ran naked through a neighborhood and entered a house that wasn`t his. He reportedly commandeered an off-duty cop`s van and drove off and then crashed it. When cops caught up with him and tackled him to the ground, they say he resisted arrest.

Bane was tased three times in the field. But then he was tased again in the booking area of the county jail. Here`s what cops had to say.


SHERIFF JAY BELL, YELLOWSTONE COUNTY, MONTANA: He kept kicking at our officers. The sergeant instructed him to comply or he would be tased.


VELEZ-MITCHELL: Cops say Bane has a history of drug abuse and violence, including several other arrests when he was under the influence. In fact, he was hit by a stun gun eight times in 2008 and managed to survive. So what happened this time around?

Police say they use tasers as a less-dangerous alternative for subduing suspects, but we have to ask, would Ryan Bane be alive today if cops hadn`t tased him?

Straight out to my fantastic expert panel. We begin with attorney Lisa Bloom.

Lisa, the suspect was hit with a stun gun four times, the last time while restrained in a chair. Do you think this was excessive?

LISA BLOOM, ATTORNEY: It`s hard to justify tasing somebody when they`re already restrained and already in custody. I mean, what could he have been doing, wiggling against the restraints, yelling out? I don`t think that justifies tasing.

Tasing is very serious, has consequences to health and even can cause death, as here. Police know that. It`s one thing if you`re out in the field and someone you is coming after you and they`re violent and they`re dangerous. Fine. But he`s already in custody and already restrained. It`s very hard to understand what he could have done to justify that.

VELEZ-MITCHELL: I thought I heard a grumbling from Mike Brooks, HLN law enforcement analyst. You know, Mike, my issue with this isn`t necessarily this individual. He has a history of violence.


VELEZ-MITCHELL: He has a history of problems.


VELEZ-MITCHELL: And I think it`s really the Pandora`s box opening where, if you -- if you give people the right to tase somebody when they`re strapped to a chair, who`s going to be tased next?

BROOKS: Well, the other thing is strapped to a chair, handcuffed? We don`t know exactly for sure. But let me just -- let me just tell you that sources are telling me that this man, he was not shot with the probes like we see a lot of times.

There`s something else, Jane. There`s two -- the cartridge can be taken out, and there`s two little marks right on each side about an inch apart. And they apparently were using this as a pain compliance tool when he would not comply, as you heard what the sheriff said, because he was kicking at the officers and, if they going to try to move him from somewhere -- one place to another place, and he was still on -- under the influence of drugs, they were using this as a pain compliance tool.

Now, let me explain that when you use a drive stun, you are not going to have any kind of cardiac issues, because the shock from this, in the drive stun mode, only goes, if he`s very sweaty, it goes just along the skin surface. And if he`s not, and you`re using it in dry stun mode, Jane, it only goes a short distance below the skin. It does not go into the nervous system and in, possibly, to the heart like it would if you were using it in a probe mode with the two little darts like we see on a regular basis.

So I -- you asked the question right at the beginning of the show, did he die with a death by taser or death from an overdose? I`d say death by drugs.

VELEZ-MITCHELL: All right. Well, you raised the question. Did the Billings, Montana, police know exactly who they were tasing?

Five years ago a probation officer warned Ryan Bane was an untreated drug addict who posed a serious risk to the community. In 2008, he was tased six times and told cops he had used too much LSD and meth. In 2005, he had a drug overdose, arrived at the hospital naked, and fought with the staff. In 2003, he rammed his car into a neighbor`s garage and fired several gunshots.

Dr. Reef Kareem, obviously, this guy is a chronic drug user with a history of violence and out-of-control behavior. Do we have to conclude, well, you know, eventually, something bad is going to happen to this dude?

DR. REEF KAREEM, ADDICTION SPECIALIST: Well, this is a classic intersection between psychiatry and addiction coming together. Here we have a guy who -- it`s really common to have methamphetamine-induced psychosis. So the concept of somebody get getting prosecutorial delusions, meaning, you know, voices in his head saying, "You`re bad. You`re a bad person." Or command hallucinations where you get voices telling you to go do things, like shoot things or do things to people or whatever. That is really common in methamphetamine-induced psychosis.

Now, when you add LSD, where you get abstractions and weird colors and things like that, the guy is definitely altered, and he has a history of being altered.

An important point in this case is that methamphetamine is a stimulant. It is going to change his pain threshold. It is going to increase his ability to sustain getting away from police officers or fighting or being combative with police officers. So the drugs themselves are going to make him harder to contain by the police officers.

But he has this big history of psychosis, so they should know, you take him to a psych hospital. You get him psych meds. You inject him, give him an intra-muscular injection of an antipsychotic to slow him down, instead of tasing him over and over and over again.

BROOKS: But you`ve got to get him to the hospital, Doctor. And if he`s not being compliant, what would you suggest? Would you suggest use of...


BROOKS: Well, what are you going to do? You`re going to pick up -- you can`t pick up you the whole chair and put everything in the wagon. You`ve got to take him to the hospital.

KAREEM: You can...

VELEZ-MITCHELL: Whoa, whoa, whoa! Mike, you asked a question. Let the doctor answer.


KAREEM: You can take him to a hospital or you can have paramedics come to him and give him an injection. You can get an injection to him. It`s not like you have to be in a hospital to get that injection.

So the point here is you can treat a psychotic individual from a legal law enforcement standpoint and just tase him over and over and over again.

BROOKS: Four times is not over and over again.


BLOOM: The point is that legally -- can I just say something?


BLOOM: The point is that legally we don`t have the death penalty in this country for resisting arrest. OK? He`s a drug addict. He`s committed crimes.

BROOKS: Wait for the investigation before you say the cops killed him.

BLOOM: You don`t put him to death for that, and that`s the risk of tasing. That`s happened over and over again.

VELEZ-MITCHELL: Wait a second.

BLOOM: Only as a last resort.

VELEZ-MITCHELL: All right. I`m going to have to bring out the big gavel here if you guys keep interrupting each other. You know, I`ve got this big one that was sent to me.

Look, here`s another example. A 72-year-old grandmother was tased on the side of a Texas highway.

BROOKS: You`re talking apples and oranges here.

VELEZ-MITCHELL: Well, let`s just check this one out.

BROOKS: You`re talking apples and oranges, Jane.


UNIDENTIFIED MALE: Put your hands behind your back.

UNIDENTIFIED FEMALE: I`m getting back in my car.

UNIDENTIFIED MALE: You`re going to be tased.

UNIDENTIFIED FEMALE: I`m getting back in my car.

UNIDENTIFIED MALE: No, ma`am. Get on the ground! Get on the ground!



VELEZ-MITCHELL: OK, did I mention...

BROOKS: You can`t compare those cases.

VELEZ-MITCHELL: ... this is a 72-year-old grandmother?

BROOKS: Come on, Jane.

VELEZ-MITCHELL: No, but I`m saying, here`s my big issue, Mike. Are cops...

BROOKS: First of all, it`s not a stun gun. It`s a taser. Let`s get it right, OK? It`s a taser.

VELEZ-MITCHELL: That`s what you call it.

BLOOM: They`re a little trigger happy.


VELEZ-MITCHELL: Yes, I mean, are we stun gun happy?

BROOKS: Aren`t they all the time trigger happy, Jane? Sure.

VELEZ-MITCHELL: Well, there`s another one. I`ve got one more case. It`s a naked streaker. All right? A naked streaker. And we had this just -- we were talking about this just the other day. This is a case from this week, all right? Someone naked running around and being tased. This week cops in Florida tased this young man who was jogging naked. Let`s listen to this.


UNIDENTIFIED MALE: Lay on the ground. Put your hands behind your back right now.


BROOKS: Imagine that.

VELEZ-MITCHELL: OK, look, Mike Brooks...

BLOOM: Ridiculous.

BROOKS: What is the problem here? OK, let me just say this. If they hadn`t used a taser, they would have used an asp, a collapsible baton, and everybody would be crying, "Oh, they shouldn`t have beat that poor naked guy."

VELEZ-MITCHELL: But here`s the point.

BLOOM: You know what? He`s naked. He`s unarmed obviously.

KAREEM: Mike...

VELEZ-MITCHELL: He`s not killing anybody.

KAREEM: Hey, Mike...

VELEZ-MITCHELL: He`s not doing a home invasion. He`s not putting a gun to someone`s head.

BLOOM: Right.

VELEZ-MITCHELL: He`s running naked.

BROOKS: Would you rather the cops wrestle with them? That`s why they have tools like this, folks.

BLOOM: But they have to use it expeditiously. They can`t just use it any time they want on very minor crimes.

BROOKS: Oh, boy. I want to take you guys out on a ride-along sometime and so you can really see what it`s like on the streets and what cops really have to deal with.

BLOOM: You know, Mike, we have all the sympathy in the world for cops. But cops are empowerment. They`ve got a gun and a badge, and they have to use that power carefully. And when someone`s only...

KAREEM: Mike, Mike...

BROOKS: What`s the complaint on...


VELEZ-MITCHELL: One at a time!

BLOOM: ... and kill someone.

VELEZ-MITCHELL: Hold on. Doctor, last word.

BROOKS: Oh, boy.

KAREEM: Yes. Mike, from a medical standpoint, just treat this individual as a medical human being. A physical human being.

BROOKS: An altered mental status, I would say.

KAREEM: At what point -- at what point -- Mike, Mike, listen to me.


KAREEM: At what point do you stop tasing someone where it impacts their physical health? Do you have a cap at when you stop tasing somebody? Because eventually, they will have a cardiac problem.

BROOKS: How many times...

KAREEM: So at what point do you stop?

BROOKS: Let me ask you, how many deaths do you know that have been caused by taser? Tell me how many deaths have been caused by taser in the United States?

BLOOM: We`re talking about one right now.

KAREEM: It`s rare, but at what point do you stop enforcing the use of a taser over and over and over again?

BROOKS: When you`re in control of the situation.

VELEZ-MITCHELL: We`ve got to leave it there. A very feisty conversation. I don`t think we`re going to resolve this tonight. Food for thought. Thank you so much, fabulous panel.

Coming up, fast-breaking news in the Casey Anthony case. What does Roy Kronk`s son have to do with little Caylee`s murder? And will he be called to testify?


UNIDENTIFIED MALE: What do you say about the new theory that Caylee might be dead and it might have been an accident?





ROY KRONK, DISCOVERED CAYLEE`S BODY: On Thursday the 11th -- December 11, during the course of my duties as a county employee, I discovered and reported to my management and appropriate authorities the remains of a human body located in a wooded area close to the suburban drive in East Orange County.


VELEZ-MITCHELL: Tonight, an all-out war over witnesses breaking out in the Casey Anthony murder case.

Roy Kronk, the guy you just heard from there, the meter reader who found little Caylee`s remains, and members of his family have now been sucked into the vortex of this fast-breaking legal drama.

We have now learned that Brandon Sparks, Roy Kronk`s biological son, is going under oath for the prosecution at the end of this month. When Casey`s defense team interviewed Brandon about a year ago, Brandon claimed that well before Caylee`s body was found his dad, Roy Kronk, told him to watch the news, because he had seen Caylee`s skull.

Here`s a clip of the defense interview with Brandon from YouTube.


BRANDON SPARKS, ROY KRONK`S SON: And it was a week before Thanksgiving that he had told me that he found the skull of a little girl. He had mentioned it very well could be Caylee Anthony. And I asked him who was that, and he informed me. (UNINTELLIGIBLE) professing herself to be a martyr, slamming don`t tell (UNINTELLIGIBLE).


VELEZ-MITCHELL: Wow. All right. So that could be potentially very significant, if he`s telling somebody else he found the skull before he actually found the skull.

Roy Kronk is a critical witness for prosecutors building their death penalty case against Casey, but is he damaged goods? At least two ex-wives have made serious allegations against him during defense interviews. And what about claims that Roy`s girlfriend, a jail worker, reportedly, somehow tipped him off about the location of little Caylee`s body?

So much to discuss. Straight out to bounty hunter Leonard Padilla, who has the inside scoop on this case. He spent time with the Anthony family when little Caylee first vanished.

Leonard, what do you make of prosecutors wanting to talk to Roy Kronk`s son?

LEONARD PADILLA, BOUNTY HUNTER: Well, I think it`s all going to add up you to one thing, and that is what evidence is allowed into the case and what evidence is not going to be allowed in front of the jury.

Basically, I had talked to people that said that he was bragging about knowing the body, and he was doing this before Thanksgiving, approximately a few days. And these folks were relatives.

At the time, it was a situation where, if he was bragging about it before Thanksgiving, then he must have had some idea as to where the body was. He had looked for the body back in August 11, 12 and 13.

My opinion is that law enforcement knew where the body was. They just did not know how to approach the scene and say, "Here`s the body," because the media would have been all over them as to where you got your information and how did it come about?

Well, somehow there was a discussion between the defense and the client, and that information was gleaned from there. Because he also told his relatives, Kronk did, that his girlfriend had told him where the body was. Now, she works right there in law enforcement or in the jail or somewhere there.

VELEZ-MITCHELL: All right. You`re saying that basically -- you`re claiming that Roy Kronk`s girlfriend overheard a conversation between Casey and a member of the defense team, and that the body was revealed, the location was revealed.


VELEZ-MITCHELL: And that`s why he knew where to go?

PADILLA: No. I think it was law enforcement knowing where the body was, not knowing how to disclose it, and she...

VELEZ-MITCHELL: Where did they get that information?

BLOOM: That`s a pretty...

PADILLA: Well, I think -- I think the client discussed it with the attorney and it was overheard.

VELEZ-MITCHELL: You`re talking about the client. You`re talking about Casey, right?


VELEZ-MITCHELL: That`s what I just said.

Lisa Bloom, what`s your reaction to this theory?

BLOOM: Yes. I have to say I think this is a pretty serious allegation to make against law enforcement, that they knew where the decomposing remains of a little girl were and they did nothing? They let that sit there and linger?

I mean, apart from the moral and ethical issues, how about the fact that the evidence is decomposing and getting destroyed every day that goes on? I mean, that`s a little hard to believe.


BROOKS: I agree with you.

VELEZ-MITCHELL: I find it very, very incendiary. It`s quite a statement. We`re going to analyze it on the other side of the break.

Stay where you are. We`re going to have much more on these brand-new developments in the Casey Anthony case.

Plus, a killer on the loose in Virginia. Morgan Harrington vanished one year ago today. Why isn`t her murderer behind bars?




CINDY ANTHONY, CASEY`S MOTHER: Casey, hold on, sweetheart. Settle down, baby.

CASEY ANTHONY: Nobody`s letting me speak. You want me to talk, then give me three seconds to say something.

CINDY ANTHONY: OK. I`ll listen, sweetheart.

CASEY ANTHONY: Give me three seconds to say something. I`m not in control.


VELEZ-MITCHELL: Meter reader Roy Kronk`s son now claiming that about a week before Thanksgiving, meaning in November, his dad Roy told him about a skull and to watch the news, because it could be Caylee`s. Weeks later, December 11, he actually finds Caylee`s remains.

Mike Brooks, HLN law enforcement analyst, how do you explain that? I know we just heard the shocking explanation that perhaps he got the information from cops because his girlfriend worked at the jail, allegedly. But how do you explain him telling his son, if he did tell his son that?

BROOKS: You know, that`s a great question, Jane. But you know -- and I agree with Lisa. And ethically and everything else, law enforcement I don`t think would leave the rotting corpse of a little girl out in the woods if they knew it was there.

But I just don`t -- from day one -- Roy Kronk, I thought, OK, well, he was the meter reader. He`s a good citizen. He`s doing the right thing, after -- especially after the August 11, 12 and 13. And then he comes back again and finds this? I`ve always wondered what his real role in this was after all this had come forward about his son.

I -- who knows what to believe? There`s so many -- the cast of characters in this case is just amazing to me.

VELEZ-MITCHELL: and by the way, we reached out to Roy Kronk`s attorney. He did not get back to us, but he and Roy and his son, they`re all invited on at any time.

And you know, at least two of Roy Kronk`s ex-wives were interviewed by Casey`s defense team, and just like the son Brandon was, listen to what ex Jill Curly alleged. Check this out.


JILL CURLY, ROY KRONK`S EX-WIFE: He duct-taped my hands one time, and I was in Key West at the time. And I was sitting in a chair. And he told me if I moved that he would beat me, and he would know if I moved.


VELEZ-MITCHELL: Of course, duct tape, a big issue in this case, because the child`s remains were found with duct tape around the skull.

Levi Page, what do you make of this attack on Roy Kronk? I mean, frankly, if this guy is, in fact, a good Samaritan, he`s been dragged through the mud, you know?

LEVI PAGE, CRIME BLOGGER: Yes. You know, they`re trying to connect him to the duct tape, but guess what? That`s not going to work, because the duct tape that was over the mouth of Caylee Anthony, they can match it to posters where duct tape was over "Find Caylee" posters, the same brand that can also be matched to duct tape that was on gas cans in the back of Casey Anthony`s trunk, which by the way, there was a dead body in the back of her trunk. Hair samples with a death ring around it show that there was decomposing body in the trunk. Chloroform, reeked of chloroform in the trunk.

And also, you know what? Roy Kronk is probably out for his 15 minutes of fame. He probably just wanted to get all over television. He`s an attention seeker, obviously.

And I think that his ex-wife is a nut job. You know, I`ve been told that this woman will blame him for everything, including the JFK assassination. His son obviously doesn`t like him, has ulterior motives.

VELEZ-MITCHELL: All right. You`ve made you -- you have made your point, Levi. And she`s also invited on the show. We invite anybody involved in this case on the show. It is very bizarre, though.

Leonard Padilla, ten seconds. You see, nobody`s believing your theory, dude.

PADILLA: Well, I understand that. But they weren`t there like I was. Brandon is not a nut, and he`s not that lady`s son. His mother is a 22- year veteran of the Coast Guard.

VELEZ-MITCHELL: All right. You had the last word.

PAGE: He has an ulterior motive.


VELEZ-MITCHELL: Tonight -- the desperate hunt for Morgan Harrington`s killer one year later. This beautiful 20 year old vanished last October when she left a Metallica concert at a Charlottesville arena. She was not allowed back into the concert because she didn`t have her ticket so she called her friends and said, "I`ll find my own way home." That was the last anyone heard from her.

Some witnesses saw her with blood on her chin, others saw her hitchhiking. Then the three-month search for Morgan ended tragically in January when the Virginia Tech student was found murdered on a remote farm ten miles from the arena.


GIL HARRINGTON, MORGAN`S MOTHER: I will tell you, having seen -- that girl even had some lovely bones.


VELEZ-MITCHELL: Morgan`s father called her killer violent, sadistic, and dangerous and believes the murder was an experienced criminal. Maybe even a sexual predator. His feelings were validated when police tied DNA evidence from her crime scene -- Morgan`s crime scene -- to an unsolved 2005 sexual assault in northern Virginia.

Joining me now, two very special guests -- these people are my heroes -- Dan and Gil Harrington, Morgan`s parents. They have been through utter hell, and yet they are continuing to fight for truth and fight for answers in their daughter`s horrific murder. Thank you so much for joining us tonight, Dr. and Mrs. Harrington.

DR. DAN HARRINGTON, MORGAN`S FATHER: Thank you for having us.

G. HARRINGTON: Thank you for having us here, Jane.

VELEZ-MITCHELL: Doctor, what`s the latest on the search for the killer of your precious daughter?

D. HARRINGTON: You know, there`s really not been any change since the release of the suspect from 2005 in the connection of the forensic evidence from the 2005 case to Morgan. I think there`s still a lot of concern as to why -- how the Fairfax case, the Charlottesville case, and the Anchorage Farm position where Morgan was found all kind of link together. There really has not been much new evidence in the last three months.

VELEZ-MITCHELL: Well, the victim in the 2005 sexual assault provided cops with a description of her attacker --

D. HARRINGTON: That`s right.

VELEZ-MITCHELL: -- this 26-year-old woman was grabbed from behind walking in Fairfax, Virginia, carried to the pool area of a townhouse complex and sexually assaulted. There is the sketch that she -- her information led to the creation of this particular sketch.

Now, DNA found in Morgan`s case matches this suspect. Again, he has never been caught or even identified.

Gil, has anyone recognized this man, perhaps from the night Morgan went missing? What are authorities telling you about how they are trying to connect the dots in these cases?

G. HARRINGTON: You know, people say that they have seen someone who looks like the composite, but so far we really haven`t had any breaks on that. The good thing is we have a DNA link so that when we do find someone we can rule him in or out unequivocally pretty quickly.

VELEZ-MITCHELL: Here`s my big issue. Why is this case so cold? They got a break, a DNA link, a description. Both attacks happened in the same state. The first victim was sexually assaulted in 2005 in Fairfax. Four years later and 80 miles away, Morgan is murdered.

Now, this guy probably lives in Virginia. The scary part is, the chances are this guy is not stopping at these two women. He`s going to harm somebody else.

Mike Brooks, law enforcement analyst, what do you make of this case being so cold?

MIKE BROOKS, HLN LAW ENFORCEMENT ANALYST: It`s just -- apparently the DNA, you know -- I`m glad at least they had a link to Fairfax and they`ve got a composite. That is a positive step.

But it seems as if, Jane, this perp, this predator, has never been arrested before because many times if you`re arrested for a sexual assault, a crime similar to that, your DNA will go into that database. So apparently it is not in there. I hope, I hope, that somewhere along the way this guy screws up, gets locked up and his DNA is entered in and they can cross-reference it to the DNA that was found in 2005 in Fairfax county.

VELEZ-MITCHELL: And the Surviving Parents Coalition wants anybody arrested for a felony to have to give their DNA, which I think makes a lot of sense because if I have nothing to hide, I don`t mind giving my DNA. But if a person is arrested and you can link him to another crime, you don`t have to wait for them to be convicted to find out, a-ha, this person has been arrested and now we have a link to these other crimes.

So I certainly think that there are changes that we can make in how we deal with these crimes that would allow law enforcement to track down these killers more effectively.

BROOKS: Definitely. Because DNA is a great tool, as you know. But it`s only as good -- it`s only good if you`ve got somebody to compare to, Jane.

VELEZ-MITCHELL: This Sunday marks the one-year anniversary of your daughter`s disappearance. You have been through hell, Dr. Harrington. Honestly, I often think of you, and I can`t even imagine what life has been like for you in this past year.

A dedication is planned this weekend at the University of Virginia, which is where your daughter was last seen alive at the concert. What does this event mean to you? I understand there`s also going to be a plaque. Tell us about all of this.

D. HARRINGTON: Yes. I think this is an important event for us as well as for I think the citizens and the university community at large. Obviously it`s a way for us to remember Morgan, but really more importantly over the last year we have worked to raise the awareness for the need for safety on campus and kind of to change the societal view of safety, some of what you talk about every night. With the University of Virginia making this plaque, not only are we remembering Morgan, but it is a way for us to remind the community of Charlottesville and the University of Virginia and other college campuses that safety is paramount.

And it also is a reminder, I think, to the Charlottesville community that a predator still is free. My daughter can no longer, you know, walk free. She`ll never marry. She`ll never graduate. We`ll never have grandchildren. And a predator continues to walk, and I think this Sunday is a way for us to observe all of those.

VELEZ-MITCHELL: Gil, what has this past year been like for you? When you wake up you in the morning, what do you go through?

G. HARRINGTON: I mean it`s always there. When you try to learn to accommodate to such a loss, it`s like having a limb missing. You always are aware of it. You figure a way to work around it, but it`s always gone. The way that we have managed that pain is to try and create something positive from what has occurred, to create legacy for Morgan with her scholarship, with the building we`re creating for her in Africa, as well as to keep other girls safe so that other families do not go through this and knowing that we have done that, makes it kind of ok.

VELEZ-MITCHELL: Does the pain ever ease?

D. HARRINGTON: I think it has been actually worse probably for me in the last three months. Maybe because the first maybe three-quarters of the year we were so busy with kind of on TV shows and keeping Morgan`s story out there. In the last three months things have slowed down somewhat. And I think you have then the time to grieve that we`d not really had time to grieve before.

It`s very painful, and Gil and I grieve in different ways. I think as a couple you also need to learn how to grieve. But it`s been a very difficult year as well as I think a very difficult three months for me.

VELEZ-MITCHELL: Well, Dr. and Mrs. Harrington, my heart goes out to you. I have so much admiration for the grace and dignity with which you`ve handled this incomprehensible situation, this horrific violence, trying to turn it around into a force for good.

We are going to stay on top of your case and do everything we can to find out who killed your beautiful daughter and make sure that that person is brought to justice and do something about this war on women in our country, which is out of control. Please come back soon.

D. HARRINGTON: Thank you.

G. HARRINGTON: Thank you, Jane.

VELEZ-MITCHELL: Coming up -- terror on Falcon Lake. Have cops given up you on their search for the missing jet skier?

Plus, a Hollywood marriage takes a nasty and I mean nasty turn. Why did David Arquette air his dirty laundry on the "Howard Stern Show"?


UNIDENTIFIED MALE: I think he`s snitching on his relationship and quite honestly I think that Hollywood relationships and a lot of these different marriages are put together from a standpoint of convenience as opposed to commitment anyway.

So just the fact that, you know, he`s airing this information out like this, I think it brings more attention as well. But they were probably in this situation for convenience in the first place.




VELEZ-MITCHELL: Tonight -- did David Arquette betray his family on national radio? That`s next.

But first "Top of the Block" tonight.

Terror on Falcon Lake: violent threats that forced cops to suspended the desperate search for David Hartley. Hartley was with shot and killed while jet skiing on the Mexican border with his wife. Cops suspect Mexican drug cartels are behind this horrifying attack.

The decision to suspend the search comes just days after the lead investigator was abducted, murdered and beheaded. And now cops fear more violence is imminent. These drug cartels control the border, now their controlling this investigation. It`s time we take back control.

That`s tonight`s "Top of the Block".

Turning now to Hollywood`s latest marital misadventure, after an 11- year union and one child, it appeared Courtney Cox and David Arquette would have had a very mature, dignified breakup. In fact, they released this joint statement. "The reason for this separation is to better understand ourselves and the qualities we need in a partner and for our marriage. We remain best friends and responsible parents to our daughter and we still love each other deeply. As we go through this process we are determined to use kindness and understanding to get through this together."

Just what it sounded like, these two might have actually had a civilized Hollywood split. David went on the Howard Stern show and said this on national radio.


DAVID ARQUETTE, ACTOR: I had sex with a girl once.

HOWARD STERN, HOST, RADIO TALK SHOW: Who, this girl that`s in the paper?


STERN: Ok. And so she`s not your girlfriend?

ARQUETTE: Maybe twice.

STERN: Maybe twice.


VELEZ-MITCHELL: So some would say, are you betraying your family perhaps? And guess what. That was just the beginning. You won`t believe what he said about his sex life or lack thereof with his wife.

Straight out to my fantastic expert panel; I`ve got to start with Dylan Howard, senior executive editor of RadarOnline. Dylan, what the heck is going on with these two? What`s the latest?

DYLAN HOWARD, SENIOR EXECUTIVE EDITOR, RADARONLINE.COM: Well, certainly publicly what is going on is very different to what is going on privately. These camps are feuding, believe it or not, and the cracks have started to appear. And David Arquette went on the Howard Stern show with his once, maybe twice admission about bedding a Courtney Cox look-alike and it`s really started to show that the united front per se about their separation is not as it seems.

And in a high-stakes game, he certainly leveled an increased -- and leveled it up you to Courtney Cox`s side now, because she`s alleged to have been involved in extramarital affairs, too. She says though, that -- that there is nothing to those claims.

But David Arquette, by his admission, of sleeping with Jasmine Waltz, a bartender and aspiring Hollywood actress has certainly come clean. He`s being honest. But at the same time he`s subjected this separation to something no one saw coming.

VELEZ-MITCHELL: Well, here is my big issue. Public betrayal? It`s bad enough that David dished on his affair in front of a live national radio audience. He also aired his sexual frustrations involving his wife. Listen to this.


ARQUETTE: After our 11th year anniversary she gave me the motorcycle and she said I don`t want to be your mother anymore. I got it.

STERN: So that was sort of it?

ARQUETTE: We go to do "Scream 4".

STERN: Right.

ARQUETTE: And I`m feeling distance obviously from my wife. We -- we have not had sex in quite a -- like -- at that time a month or so. Since then it`s been like four months or so.


VELEZ-MITCHELL: Whoa. Four months. The next day, David posted this on his Twitter page. "I went on Howard Stern yesterday to provide clarity and honesty about what I`m experiencing. But while doing that I shared too much. Some of the information I provided involved others, and for that I am sorry and humbled. I`m sure Courtney and myself will emerge from this painful time better people for what we have learned."

So Kim Serafin, what`s that? I mean, those are words from the same person who was just going into what some would describe as locker room talk on Howard Stern. Was this tweet damage control?

KIM SERAFIN, SENIOR EDITOR, IN TOUCH WEEKLY: It sounds like it because even if Courtney was ok with him giving some information or being honest, look and we all say we`re sick of these stars giving us what their publicist told them to say, we want a little honesty from them. This was just maybe a little too honest.

And even in their statement, they were pretty out there saying, look, we are comfortable with the boundaries we`ve set in the terms of our trial separation, probably meaning we`re ok if we each see other people, it sounds like they`re saying. I mean, he was very open about that, saying Courtney is ok if I`m intimate with other people essentially on the show. But just maybe a little too much information.

The details about how they were intimate, the last time they were intimate, when it started, even how they told their daughter. I think that`s just a little too much information for all of us to know. We don`t need to know that.

VELEZ-MITCHELL: Now, Courtney Cox is back on the market at 46. And she`s a beautiful woman and perhaps considers herself a real-life cougar. Here she is on ABC`s "Cougar Town".


COX: Your wife moves out a week ago and you`re already sexing up sorority girls? But nobody cares. Because when a 40-year-old guy gets divorced you`re like, oh way to go, tiger.


VELEZ-MITCHELL: And Dr. Judy Kuriansky, you`re a sex expert as well as a clinical psychologist, isn`t what this couple is dealing with something that a lot of long-term married couples deal with? They love each other, but they may have had sex with each other 10,000 times by now and just don`t feel like doing that anymore?

DR. JUDY KURIANSKY, CLINICAL PSYCHOLOGIST: And it`s very true. I was thinking the exact same thing, Jane. I was thinking it`s ten years into their marriage and it`s extremely common, everything that he said. He was talking about how we`re loving -- which is good, bless him -- but it`s methodical, which really spells down to, it`s boring. I`ve heard this story so many times from couples.

So what does the guy go off and do? Looks for an affair and what are women doing now if they`re not having sex with a guy, then it`s the emotional affair. And typical, the older woman and the younger man now that`s becoming very hot and very in, a good match.

VELEZ-MITCHELL: Is this a mid-life crisis, I want my team to ponder that. Everybody stay right where you are. We`re going to have more on this very nasty betrayal.

What is going on with these two? My heart goes out to them actually because they`re -- they love each other, but what they are doing right now, I don`t think they are handling it the right way especially not David. David, what were you thinking, dude?


VELEZ-MITCHELL: Is it just me or do celebrities want it both ways?

David Arquette and Courtney Cox`s joint statement ask for privacy and respect, but before you know it, David is on "Howard Stern" over-sharing. This is TMI squared.

Does he want the best of both worlds? Hey, leave me alone and respect my privacy, but pay attention to me. Is this typical hypocrisy, Dylan Howard?

HOWARD: I think you are spot on. It`s hard to try and find sympathy for David Arquette in this scenario. Certainly the tide of public opinion would be sympathetic towards Courtney Cox. But also but the other woman, let`s not forget he named Jasmine Waltz, the 31-year-old bartender, the aspiring actress who he said he slept with not once, but maybe twice. He couldn`t even remember that, but he also threw her into the public spotlight.

We have spoken to people close to her and she says she`s horrified by that. She was living a remarkably quiet life until her name was bandied around and he confirmed it. Now her life has taken a dramatic twist and turn. And the other person that we should feel sorry is 6-year-old Cocoa. .


VELEZ-MITCHELL: Yes. They have a 6-year-old girl.

KURIANSKY: I would feel sorry for 6-year-old Cocoa but you know that the mistress in this situation is going to come out on top. She`s going to make some money for telling her story and that`s all going to be part of dating a Hollywood guy.

HOWARD: But she hasn`t. She hasn`t.

KURIANSKY: I could say that -- well, who knows? Maybe she will.

My point is that indeed Courtney is going to be fine. He is admitting that they didn`t have sex which is everybody in the world would say well, we understand that. That`s what happens in relationships. And on top of that, he is saying that he was acting like a boy to her. And she was like the mother. What woman wants to have sex with a husband who is acting like her son? That is certainly a major turn off.

VELEZ-MITCHELL: Dr. Judy, I want to ask you this question. First of all, we don`t know what this alleged mistress is going to do and we don`t want to cast aspersions on her --


VELEZ-MITCHELL: But here`s what he said. Courtney knows she is not (EXPLETIVE DELETED) me and she`s like listen, I want you to be able to do whatever you have to do. Read between the lines there. What is she saying?

KURIANSKY: She is saying go ahead. I can take it. Go ahead and talk if you want. It`s not going to hurt me. Her friend Jennifer Aniston I`m sure is going to support her. She`s going to come out of this just fine.

I think to -- in my estimation, she`s put up with a lot and she knew what she was going to get from him. He is purging to make himself feel better but he`s the one who looks bad in this situation, not her.

VELEZ-MITCHELL: He certainly does.

KURIANSKY: Lots of couples don`t have sex for four months.

VELEZ-MITCHELL: David could be taking heat off of this past summer`s bad boy hubby, Jesse James with wife Sandra Bullock, of course, fresh off an Oscar win when Jesse`s philandering ways were made public, she filed for divorce. We all know the story. And it wasn`t long before Jesse had a new flavor of the month and he`s hardly hiding it.

Jesse and the inked up reality star Kat Von D parading around in public like a couple of teenagers. Kim Serafin, what`s up with these guys?

SERAFIN: Yes, I mean. This is -- it`s kind of sad because remember when Jesse did that interview and he just sort of poured his heart out and it sounded like he was so apologetic and really still loves Sandra and wanted to get back with her and then suddenly he`s with someone else. I don`t know how deep that love for her could have been and how sorry he really was.

VELEZ-MITCHELL: It sounds --

KURIANSKY: He -- they are both bad boys.

VELEZ-MITCHELL: -- juvenile to me. Grow up Hollywood men.


VELEZ-MITCHELL: You are not teenagers.

KURIANSKY: Arrested development.