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Nancy Grace

Man Charged With Murder of Two Toddlers in Bathtub

Aired October 22, 2010 - 20:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


JEAN CASAREZ, GUEST HOST: We have got some breaking news tonight coming out of the Detroit suburbs. A frantic 911 call reports two toddlers, just 13 months and 15 months old, unresponsive after being scalded to death and drowned in the family bathtub. Their father says he`s asleep when the babies drown. But today, he has been charged with first degree premeditated murder.

And while Daddy claims it is an accident, it is revealed not only do the baby brother and baby sister drown, but the toddlers suffered those severe burns all over their tiny bodies, scalded by boiling water, hot water in a bathtub. And in a stunning twist, we learn that emergency 911 call by Daddy, it doesn`t come until 2:00 o`clock in the morning.

And Daddy says, I didn`t do it. I was asleep. Well, how did two tiny babies make it out of their crib to the bathtub, fill it up with burning hot water and drown all on their own? Something just isn`t right.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: One by one, family members saying their piece.

UNIDENTIFIED FEMALE: I love you! I love you!

UNIDENTIFIED FEMALE: Gathering in prayer and song for 15-month-old Ella. She and her half-brother, 13-month-old, Jonathan found dead inside their father`s apartment.

UNIDENTIFIED MALE: A Michigan dad has been charged with murder after police say he burned and drowned his two little children to death.

UNIDENTIFIED MALE: They have to be not even 2 years old.

UNIDENTIFIED MALE: (INAUDIBLE) not guilty.

UNIDENTIFIED FEMALE: We know you didn`t!

UNIDENTIFIED FEMALE: Tonight, the father remains behind bars.

UNIDENTIFIED MALE: One of the children appeared to have visible trauma.

UNIDENTIFIED MALE: Felony without parole (INAUDIBLE) life without parole.

UNIDENTIFIED FEMALE: His own mother telling us domestic abuse and substance abuse are two reasons why they`re estranged.

UNIDENTIFIED FEMALE: He would drink all day, you know, like, sip on a fifth or whatever, a half-pint, all day long.

UNIDENTIFIED MALE: Police say when they arrived, they found the children unresponsive and the hallway flooded with water.

UNIDENTIFIED MALE: Found deceased at the scene were Ella Stafford, age 1 year and 3 months, and Jonathan Sanderlin, age 1 year and 1 month.

(END VIDEO CLIP)

CASAREZ: And also tonight, the mystery surrounding the sudden disappearance of a beautiful freshman college co-ed who heads out for an afternoon walk near campus. She then vanishes without a trace! K9s join the massive search by land, by air and by water for 18-year-old Northern Illinois University co-ed Toni Keller.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Eighteen-year-old college student Toni Keller is missing and police need your help in finding her.

UNIDENTIFIED FEMALE: The 18-year-old from Plainfield hasn`t been seen since she left her dorm last Thursday, telling friends she was going to Prairie Park to work on a project. She had her camera and portfolio in tow.

UNIDENTIFIED MALE: The Northern Illinois University student last seen at her dorm on campus when she tells a friend she`s going out for a walk, but Toni never returns.

UNIDENTIFIED FEMALE: The bottom line at this point, she is still missing and it`s now been over a week.

UNIDENTIFIED MALE: Police launch an extensive search, including searches by air and dive teams, but no luck.

UNIDENTIFIED FEMALE: Fliers are everywhere on the NIU campus, and few are unaware that the freshman art student hasn`t been heard from since she left her Neptune North dorm room last Thursday.

UNIDENTIFIED MALE: A possible clue, police say they find a dorm key belonging to Toni, but refuse to reveal additional details. How does a college freshman vanish?

(END VIDEO CLIP)

CASAREZ: Good morning. I`m Jean Casarez of the legal network "In Session" on the truTV network, in for Nancy Grace. Thank you so much for joining us tonight. As we go live to the Detroit suburbs, two toddlers scalded to death and drowned in the family bathtub, the father saying it was all an accident. I didn`t do it. But tonight, prosecutors say it`s premeditated murder.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Homicide, murder first degree, life without parole. Homicide, felony murder.

UNIDENTIFIED MALE: Multiple charges, including first degree murder and child abuse.

UNIDENTIFIED MALE: Sir, will you state your name for the record.

STEVEN NICHOLSON, CHARGED WITH MURDERING TODDLERS: Steven Nicholson.

UNIDENTIFIED MALE: The father of the children, a white male, 27 years of age.

NICHOLSON: I did not (INAUDIBLE)

UNIDENTIFIED FEMALE: We know you didn`t!

UNIDENTIFIED MALE: Allegedly claimed his two children accidentally drowned while he was sleeping.

UNIDENTIFIED FEMALE: They`re just little babies.

UNIDENTIFIED MALE: In the family bathtub.

UNIDENTIFIED FEMALE: Fifteen-month-old Ella.

UNIDENTIFIED FEMALE: Thirteen-month-old Jonathan.

UNIDENTIFIED MALE: Burned and drowned his two toddlers.

UNIDENTIFIED FEMALE: Found dead inside their father`s apartment.

UNIDENTIFIED MALE: Count one, homicide, murder first degree, premeditated, did deliberately kill and murder Ella Stafford. Count two, homicide, murder in the first degree, that you did deliberately kill and murder one Jonathan Sanderlin.

UNIDENTIFIED MALE: Nicholson remains behind bars on no bond.

(END VIDEO CLIP)

CASAREZ: And the father in this case, the man you`re seeing on the screen right there -- he is an out-of-work bricklayer, laid off from his job. Let us go straight out to Sandra Ali, reporter of CNN affiliate WDIV. What happened here?

SANDRA ALI, WDIV-TV: Well, you know what? A lot has happened here in the last several days. We were first on the scene, actually, Tuesday morning. We had received a tip here that came into our newsroom. We went out there to the apartment complex. And you know, I got to tell you, we cover a lot of crime stories, and we knew right off the bat that this was just not any ordinary crime scene.

We got there and we started talking to detectives and investigators on the scene. They had said that even for the most seasoned veteran, they couldn`t believe what they were dealing with. And the story has just continued to unravel. It`s really a story that has just gripped this entire community.

CASAREZ: And Sandra, we want to tell everybody...

ALI: You can`t help...

CASAREZ: ... that you are watching photos from MySpace right now. Sandra, first of all, how did police discover these bodies? It was a 911 call, right?

ALI: Right. You mentioned that 911 call. That 911 call came in at 2:15 that morning, made by Steven Nicholson from that apartment. He called police...

CASAREZ: What did he say in that 911 call?

ALI: In that 911 call, he clearly said, I need help. My babies have drowned. Police got to the scene. They found Ella and Jonathan. But all along, I have to tell you, that detectives have said the story that he was giving them, that this was an accident, that he fell asleep while they drowned -- they knew that there were inconsistencies to his story. And they said the evidence simply didn`t match up to what he was saying.

I also have to tell you we were able to glean a lot of information from neighbors. You know, you have to understand this is an apartment complex. A lot of families live in that apartment complex. They saw these folks coming and going. And the stories that they shared with us are pretty horrific.

CASAREZ: Oh! We are taking your calls tonight. To Angie Favot- Fisher. She is the staff reporter for "The News Herald." What is the custody situation here? Because here is an out-of-work bricklayer. The man was laid off from his job, and it seems like he is raising on his own two children.

ANGIE FAVOT-FISHER, "THE NEWS HERALD": Good evening. Yes, according to family members and neighbors, the father was -- had full custody of the 1-year-old, Jonathan -- just had his first birthday -- and was sharing custody with the 15-month-old-year-old, Ella. The mother lived in a neighboring community in that instance.

CASAREZ: To Sandra Ali, reporter, CNN affiliate WDIV. Today was the initial court appearance. He has been charged with premeditated murder in all of this. What was it like in the courtroom? We understand that he blurted out a statement as he was walking out of that courtroom door.

ALI: Right. Very, very emotional, highly charged. He said, I didn`t kill my babies, which essentially, is what we`re hearing behind closed doors he`s been telling police and detectives all along. His family was also in the courtroom. I do have to tell you, both moms were not there. And his family, lots of family members, there in the courtroom and also outside, they shouted back, We love you. We know -- they`ve been saying all along that he, they believe, couldn`t hurt anyone.

CASAREZ: All right. To everybody, there with a camera in that courtroom today for that initial court appearance, we want everybody to watch this and listen because you`re going to hear the relatives talk to this young man, the defendant, and you`re going to hear him talk back to them. Listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Sir, can you state your name for the record?

NICHOLSON: Steven Glenn (ph) Nicholson.

UNIDENTIFIED MALE: The court`s (INAUDIBLE)

NICHOLSON: I didn`t kill my babies!

UNIDENTIFIED FEMALE: We know you didn`t do it! We love you!

NICHOLSON: I didn`t hurt them. I was sleeping. I was sleeping.

UNIDENTIFIED FEMALE: We love you!

(END VIDEO CLIP)

CASAREZ: All right, let`s go to the lawyers, Susan Moss, family law advocate, attorney, child advocate out of New York. Richard Herman, defense attorney -- in Las Vegas tonight? You`re in Las Vegas?

RICHARD HERMAN, DEFENSE ATTORNEY: Researching O.J.

CASAREZ: Well, I hate to tell you this, but the decision just came down. He`s not getting a new trial. All right, Alex Sanchez, defense attorney out of New York. Welcome to all of you.

First of all, Susan moss, all right, number one, 911 call -- he said the children drowned. Number two, police get there. He says, I`m all alone. And number three, in court today he says, I was asleep. Doesn`t look good, Susan.

SUSAN MOSS, FAMILY LAW ATTORNEY: This drunk is full of bunk! So let me get this straight! He was sleeping while his two kids were scald (SIC), while they drowned? When they were scald, when those bruises and burns came about, you don`t think they were screaming bloody murder? Of course this guy was awake! and this guy probably did it! He caused these two kids to sink, and he`ll spend the rest of his life in the clink!

CASAREZ: All right, to Richard Herman. Thank you so much for stepping away from the tables tonight to do the show.

HERMAN: Thanks, Jean.

(LAUGHTER)

CASAREZ: This last comment, all right -- and if this wasn`t so horrible, this would be funny, but it`s not funny. He walks out of court, he tells his family, "I was asleep." Is that going to come into trial?

HERMAN: Yes, that`s going to come in.

CASAREZ: Yes, it is.

HERMAN: And that could be a plausible defense here. You know, he has a history, allegedly, of alcohol abuse and some -- maybe some other things, marijuana. You know, he had the kids. He ran the tub. He maybe put the kids in the tub, maybe had the hot water on. Maybe he passed out. And there was a lot of water all over the place there. You know, Jean, you`ve got to beat that first degree murder charge here. That`s the one he`s got to beat. And I`m sure Alex will agree with me, you need a diminished capacity for that, to beat that. And if he fell asleep and it was just negligence or some sort of child abuse, he will beat that first degree murder.

CASAREZ: Well, Alex Sanchez, let`s look at the aggravating factors in all of this. Do you realize that the skin was burned off the children? They were scalded to death in that burning water?

ALEX SANCHEZ, DEFENSE ATTORNEY: Look, as tragic as this case is, I don`t know why the police have immediately come to the conclusion that this was some intentional act of murder because the facts could easily be, just as Richard said, could easily -- one could easily come to the conclusion this was some type of negligent type of act. So I think the police may have jumped the gun at this point.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: She always, always, always wanted me to hold her and pick her up and play with her.

UNIDENTIFIED FEMALE: They`re just little babies.

UNIDENTIFIED MALE: Homicide, murder first degree.

UNIDENTIFIED MALE: And now authorities have charged Nicholson with multiple counts of murder and child abuse.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The father and his children.

UNIDENTIFIED MALE: Sir, you have a right to remain silent.

UNIDENTIFIED FEMALE: Family members.

UNIDENTIFIED FEMALE: They have to be...

UNIDENTIFIED MALE: Ella Stafford, age 1 year and 3 months.

UNIDENTIFIED FEMALE: I love you, Ella (INAUDIBLE)

UNIDENTIFIED FEMALE: And her half-brother.

UNIDENTIFIED MALE: Jonathan Sanderlin, age 1 year and 1 month.

UNIDENTIFIED FEMALE: They`re just little babies.

UNIDENTIFIED FEMALE: Found dead inside their father`s apartment.

UNIDENTIFIED MALE: The caller stated that his two children had drowned in the bathtub.

UNIDENTIFIED FEMALE: This is horrifying.

UNIDENTIFIED MALE: If you did knowingly or intentionally caused serious physical harm.

UNIDENTIFIED FEMALE: He would drink all day.

UNIDENTIFIED MALE: He was taken into custody at the scene.

UNIDENTIFIED FEMALE: Domestic abuse and substance abuse.

UNIDENTIFIED FEMALE: Sip on a fifth or whatever, a half-pint, all day long.

UNIDENTIFIED FEMALE: It`s just horrible.

UNIDENTIFIED MALE: Anything you say orally or in writing can be used against you in a court of law.

(END VIDEO CLIP)

CASAREZ: I`m Jean Casarez of "In Session," in for Nancy Grace tonight. These two little babies, 13, 15 months, they were scalded to death by burning water in a bathtub. And the father, he says he didn`t do it. He says he`s not responsible. Prosecutors say otherwise.

We are taking your calls live. To Brenda in Texas. Hi, Brenda.

UNIDENTIFIED FEMALE: Hi, Jean. How are you?

CASAREZ: I`m OK. Good evening. Thanks for calling.

UNIDENTIFIED FEMALE: This story gives me the chills.

CASAREZ: I know.

UNIDENTIFIED FEMALE: My question is, the mothers. I understand there`s two. Where were they?

CASAREZ: Yes. That is the question. Let`s go out to Sandra Ali, who is CNN affiliate reporter WDIV. Explain this for us because there were two mothers, but neither one was around. He seemed to be taking care of the kids by himself, and he had custody of one, right?

ALI: Right. Right. He did have full custody of Jonathan. His mom lives in Cadillac, a little bit out of our area. And then Ella, he had actually shared custody, and Ella`s mother, Taylor Stafford, lives just a short distance away, so they did have shared custody.

You know, a lot of questions have come up in the last several days asking -- a lot of people have asked the same thing that your caller is asking right now, Where were the mothers? I can tell you that Taylor Stafford, even just yesterday -- she`s Ella`s mother -- she was called in by police early yesterday morning. I know they called her roughly around 8:30. They asked her to come in. They said, We only need to question you for about 10 or 15 minutes. I know for a fact she was there for almost two hours. Detectives had a lot of questions for her.

Neighbors also gave statements to police, I should point out, that she was there that night. Neighbors said they heard her there. They heard the couple fighting, arguing. They said at one point, Taylor Stafford left and then came back. So there was some confusion, some discrepancy as to the timeline of events. But all along, she has contended that she was not, indeed, there that night.

CASAREZ: And that puts a little wrinkle into it, a question we can`t answer. But that is the 15-month-old Ella Stafford -- that her mother allegedly could have been there that night, arguing. She says she wasn`t, that she wasn`t there at all, a question we don`t know the answer to.

I want to go to Dr. Howard Oliver, forensic pathologist. I`ve got a horrible question to ask you. What is it like to be scalded to death with boiling water?

HOWARD OLIVER, FMR. DEPUTY MEDICAL EXAMINER: Well, it would be -- the pain would be immense. Those two children would have screamed horribly. It takes about one second to be scalded at 160 degrees temperature. To be scalded is time-dependent, however. It would take probably half an hour at 130 degrees to be scalded.

CASAREZ: You know, Doctor, the cause of death, they`re saying, was the scalding of the water and the drowning. Both contributed to the cause of death. Could you determine, in performing that autopsy, determine what happened first?

OLIVER: I would think the scalding took place first. And one important thing I`d want to know is temperature of the water because it`s time-dependent. For instance, if the temperature of the water was 120 degrees or lower, it would have taken -- it may have taken more than half an hour to have been scalded. So the baby could have been in the water for a long time, had been scalded, and then subsequently drowned. It`s a more likely scenario that, indeed, the baby was scalded first and drowned later.

CASAREZ: Oh! It`s almost too much to listen to. Carla in North Carolina. Hi, Carla.

UNIDENTIFIED FEMALE: Hi. How are you tonight?

CASAREZ: I`m all right. Good. Thanks for calling.

UNIDENTIFIED FEMALE: Thank you for having me on. I was wondering -- I noticed he had several drug charges. And there`s well known documented evidence that the sleeping medicine Ambien can cause drug-induced sleepwalking and amnesia after you take it. There was a Rhode Island representative that crashed his car in Washington a could years ago after he took Ambien. He didn`t even remember driving the car. And I`m wondering if this father was taking a drug like that, prescribed or something he got off the street.

CASAREZ: Well, you sound like a defense attorney! Let`s go to Angie Favot-Fisher, staff attorney -- staff reporter for "The News Herald." What about his criminal history, and what about the reports that he`d carry a fifth of alcohol bottle in his pocket throughout the day and drink?

FAVOT-FISHER: You know, Jean, after talking to some family members, they kind of painted a picture that he may have had an alcohol problem, although police haven`t issued any formal information about that.

CASAREZ: Then why did the mothers just leave the children with him?

FAVOT-FISHER: That`s a good question, and I know a lot of people are wondering that. It hasn`t been made clear yet. I know the one mother lived in Cadillac, which is about 200 miles away from Allen Park.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

NICHOLSON: Steven Glenn Nicholson.

UNIDENTIFIED MALE: Count one, homicide. Count two, homicide. Count three, homicide, felony murder. Count four, homicide, felony murder. Count five, count six, child abuse in the first degree. Kill and murder one Ella Stafford, cause serious physical harm, kill and murder one Jonathan Sanderlin. Murder one, Ella Stafford. Murder one, Jonathan Sanderlin.

(END VIDEO CLIP)

CASAREZ: I`m Jean Casarez of "In Session," in for Nancy Grace tonight. Thank you for joining us. The autopsy report is showing that the 15-month-old girl -- her scalding burns were all over her body. But the 13-month-old little boy, his primary burns were all over his face from that scalding water.

I want to go out to Paul Penzone, former sergeant of Phoenix Police Department, child advocate. If you went into that home to do a crime scene investigation, as is being done right now, what would you look for?

PAUL PENZONE, FMR. SGT., PHOENIX PD: You know, Jean, I have been in a home with similar circumstances, where a baby was burned brutally like that. And it is just heart-wrenching and it stays with you forever, regardless of your experience. They`re going to have to analyze it very effectively to ensure that no one else when in there while he claims to have been sleeping.

But you know what? When you bring a child into the world, it`s your responsibility 24/7. And they were in his care while they were burned to death and drowned, whether it was intentional or negligent. And anything outside that is irrelevant. This man needs to be held responsible. They were in his care, and no child should ever suffer like that. That`s a brutality.

CASAREZ: And he admitted that -- he said, I was alone.

To Shayna in Louisiana. Hi, Shayna.

UNIDENTIFIED FEMALE: Hi, Jean. I want to know, how is this father able to get custody of one child and has custody of a second child when he has abused drugs and alcohol?

CASAREZ: Isn`t that the question of the hour, Shayna! To Pat Brown, criminal profiler. How does he get custody, legal custody, of the child?

PAT BROWN, CRIMINAL PROFILER: Well, Jean, my guess is the first -- the first mother was a piece of work, so she didn`t get custody. After he got her pregnant, three months later, he gets another woman pregnant, and she`s willing share custody, already knowing the first problem. So I would say that there`s a lot of irresponsible people out there, and he may have been the best of the choices.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED REPORTER: His two children had drowned in the bathtub.

UNIDENTIFIED MALE: Premeditated.

UNIDENTIFIED REPORTER: Charged with murder.

UNIDENTIFIED REPORTER: The father of the children, a white male, 27 years of age was taken into custody at the scene.

UNIDENTIFIED REPORTER: The bodies of 15-month-old Ella and 13-month- old Jonathan were found unresponsive.

UNIDENTIFIED MALE: Homicide. Murder first degree.

UNIDENTIFIED REPORTER: Accidentally drowned in the bathtub while he was sleeping.

UNIDENTIFIED FEMALE: We know you didn`t do it.

UNIDENTIFIED MALE: Child abuse, first degree. That you did knowingly or intentionally --

UNIDENTIFIED REPORTER: Police say he burned and drowned his two little children to death. Nicholson faces multiple charges.

UNIDENTIFIED MALE: Murder first degree, homicide felony murder. Life without parole. Murdered one, Jonathan Sanderlin. Murdered one, Ella Stafford.

(END OF VIDEO CLIP)

JEAN CASAREZ, GUEST HOST: These two little babies, 13, 15-months, year-old. Prosecutors are saying it was premeditated murder for them. Burned and scalded to death and drowned in the bathtub.

Let`s go out to Doug Guthrie. He is a reporter for the "Detroit News."

Doug, take us back to basics. When police got to the home, what did they find?

DOUG GUTHRIE, REPORTER, DETROIT NEWS: Well, they found Steven sitting on the floor, the wet floor, and his two children lying on their backs in front of him, both of them dead.

CASAREZ: So they drowned in the bathtub. How did they get from the bathtub to the floor where he was?

GUTHRIE: That`s not been explained. As emotional as he`s been in court, I can imagine that he pulled them out himself. He`s sitting on the floor.

CASAREZ: Were his hands burned? Were his hands burned from the scalding water?

GUTHRIE: I don`t know. I don`t believe he`s showed any signs of that when he was in court. I know that the police when they got there asked the neighbors in other apartments right away where the hot water heaters were. I suspected they gauged just how hot the water was straight out of the hot water heaters.

CASAREZ: And this young father, unemployed, brick layer, had been laid off from his job. Basically had the responsibility of two young little babies while the mothers, one lived about two hours away, the other closer, but obviously not with her child at that moment.

To Lisa in Pennsylvania. Hi, Lisa.

LISA, CALLER FROM PENNSYLVANIA: Hi, Jean. Nice to talk with you. I have a question and a comment. First of all, God bless these dear children who suffered horribly.

The mothers -- what happened? They left their children in the care of a man who was addicted to drugs and alcohol. There`s something wrong there.

CASAREZ: Yes. To Leslie Austin, psychotherapist, help us all understand this. These two mothers seem to just -- I don`t want to say dump the kids, but that`s what it appears to be with this father.

DR. LESLIE AUSTIN, PSYCHOTHERAPIST: Well, one of the mothers did say that they were wondering if the children were being abused and that they were trying to get them away but nobody listens.

I don`t know how accurate that is or not. But there is no excuse for any of the parents. Either mother or the father for treating these innocent babies this way. Alcohol and drugs do not mix with children. You have to be a responsible adult.

This is so tragic. It`s upsetting and traumatic to even talk about it. I can only imagine what the families of these poor little babies are going through.

CASAREZ: And Dr. Austin, we want to say the mothers have said they spoke together, they called the Department of Child Services.

AUSTIN: Yes.

CASAREZ: They called the police department, they did everything. But Dr. Austin, don`t you just go in there and get the child? I mean don`t you do something if you`re the parent?

AUSTIN: Well, actually, in some of the preparation materials, one of the reasons he had custody reportedly was that one of the mothers was accused of kidnapping the child because she tried to get him away.

This is now substantiated. This is what I read in the materials for tonight.

CASAREZ: Susan Moss --

AUSTIN: So maybe they were trying.

CASAREZ: Let`s talk to Susan Moss, family law attorney.

OK, Susan Moss, one of the mothers, the mother of the little boy, Jonathan. She lived in Cadillac, Michigan, lives there now. Two hours away. She said she took the child there because she didn`t want the child to have interaction with this man who she believed was not fit to be around her child.

The report is that because she moved two hours away, he got custody. That makes no sense.

SUSAN MOSS, FAMILY LAW ATTORNEY & CHILD ADVOCATE: Well, sometimes that does because courts say that you`re not allowed to just take a child and move them out of the original jurisdiction.

But listen to what those allegations were. There are allegations of child abuse against the kids, allegations of beating the kids, allegations of suffocating the kids with pillows.

If you take a look at those allegations and his past drug use, you can see this is probably not an accident. This guy has a long rap sheet. This guy has been investigated for domestic violence. Not only against women but also against these kids.

When you look at all the facts, what the other defense lawyer said just is not true. This is not an accident. He`s got a long history, and he`s got to, got to be put away.

CASAREZ: And that`s what I`m saying, Susan, because how can it be in the best interest of the children to be in this situation.

What Susan is talking about is that this young man`s mother, his mother who he`s now estranged from because she doesn`t like the way he was raising the two children. His mother said that in order to stop the children from crying, he would take a pillow, she said, and stuff it over their mouths to stop them from crying.

That`s what his own mother said he did.

Let`s talk to Gail in Virginia. Hi, Gail.

GAIL, CALLER FROM VIRGINIA: Hi, how are you?

CASAREZ: I`m fine.

GAIL: My question is, I was a house (INAUDIBLE) years ago. I deal with third and fourth-degree burns every day. How come the neighbors didn`t hear the children scream from the burns?

CASAREZ: It`s a good question. And that`s why I asked our medical examiner what came first, the drowning or the burns.

To Pat Brown, criminal profiler, what do you think? Why didn`t the neighbors hear the shrieks and cries? This is an apartment complex.

PAT BROWN, CRIMINAL PROFILER, AUTHOR OF "THE PROFILER": Who knows? He may have covered their mouths.

I think this was totally intentional. I think he wanted to give them something to cry about because they were probably crying and he was going crazy.

These are two kids -- just about 1 years old. I know if I`m around two kids that are starting one years old and they start to scream and cry, it`s hard to manage them. So here they have this guy who`s got all these problems, already has anger problems, abuse problems.

And now you put these screaming kids in his care, my guess is he said, I`ll give you something to cry about. He turned that faucet on, he put that hot water in the tub, and he put them in it. Because let me tell you, if he was just giving them a bath, he would have turned on the water, made sure it was right and then brought the two children in. The water wouldn`t have been running.

CASAREZ: To Richard Herman, defense attorney joining us from a casino in Las Vegas tonight. After listening to all this, any more thoughts on what plausible defense you can have for a man who said I was alone, I was asleep, and they drowned?

RICHARD HERMAN, DEFENSE ATTORNEY: Yes. Jean, contrary to what`s been said out here, he does not have a long rap sheet. He has a minimal rap sheet. He has no history of violence at all.

I don`t know what the mother is talking about, pillows over their heads. If that was the case, he didn`t need to put them in a tub with scalding hot water. He could have just taken the kids out with pillows.

He didn`t do that. We hear all the time children drowning in swimming pools, children that are left alone, drowning in tubs. That`s what happened here, Jean. That`s what they`re going to go to the jury with. If they go to the trial in this case

CASAREZ: All right, Alex Sanchez, I`ve got one fact that`s going to help the defense. There was water all over the apartment. All right? In the hallway, in the laundry room. Lots and lots of water. That tells me maybe this wasn`t a premeditated crime. Maybe he fell asleep.

ALEX SANCHEZ, DEFENSE ATTORNEY: Yes. And that may be an important fact, but one of the things you mentioned before, Jean, that you characterized as a minor wrinkle -- I think it`s central to the whole defense -- is the possibility that there was another person that came into that apartment. Someone else that had some a previous argument with him.

Who`s to say that he had put those kids to sleep? And maybe he was sleeping. Maybe he was on drugs, but if those kids were sleeping and they were safe, he`s not responsible if a third person comes in there and somehow abuses those kids.

And I`m not so sure the police have ruled out the possibility of a third party coming in and taking the action against these kids that has resulted in their death.

CASAREZ: All right, to Leslie Austin, what Alex Sanchez is talking about, the mother of this little girl. She said that she was going to dinner that Monday night, to the movies, actually, with the defendant. He never called her. She called him. He never responded.

So she went to bed, knowing her daughter was with him. And then the next morning, she wakes up and he tells her -- this is consciousness of guilt -- that the little girl is alive and she`s running around the room, when in fact she was dead.

What`s going on in his mind to lie like that to the mother?

AUSTIN: Well, I think he`s in total denial about the truth in any case, because clearly, every indicator is that he`s completely responsible whether he intentionally did this or he blacked out and it was so-called an accident. He`s still completely responsible in my world.

The problem is we don`t know enough about the mother. The neighbors said she may have been there. If she was, she may be complicit in the crime as well. I`d like to think not, but we don`t know enough to rule her out.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Sir, can you state your name?

UNIDENTIFIED MALE: Steven Nicholson.

UNIDENTIFIED MALE: Enter a not guilty.

UNIDENTIFIED FEMALE: We know you didn`t do it.

UNIDENTIFIED MALE: I didn`t hurt them. I was sleeping. I was sleeping.

UNIDENTIFIED MALE: We love you.

(END OF VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Antoinette Keller.

UNIDENTIFIED FEMALE: I think it`s crazy.

UNIDENTIFIED REPORTER: She is still missing.

UNIDENTIFIED MALE: You see all the fliers everywhere.

UNIDENTIFIED REPORTER: Hasn`t been seen since she left her dorm last Thursday.

UNIDENTIFIED FEMALE: I mean, I just -- I talked to her right before she went missing. In class.

UNIDENTIFIED REPORTER: Telling friends she was going to Prairie Park to work on a project. She had her camera and portfolio in tow.

UNIDENTIFIED MALE: Everybody is thinking about her, so we just hope for the best, I suppose.

UNIDENTIFIED REPORTER: No one has heard from her since.

UNIDENTIFIED FEMALE: It`s kind of weird.

UNIDENTIFIED REPORTER: Keller`s disappearance has in Dekalb speculating about the Prairie Park area. This isn`t the first time the wooded section has been linked to a missing person.

UNIDENTIFIED MALE: Hopefully, the young lady that just recently went missing is found safe and OK.

UNIDENTIFIED REPORTER: Keller was last seen wearing jeans and a gray jacket and scarf.

(END OF VIDEO CLIP)

CASAREZ: I`m Jean Casarez of "In Session" in for Nancy Grace tonight. We take you from Michigan to Illinois. This is a university freshman, her first year in college, her whole life before her. She leaves her dorm room, she`s never seen again, gone, completely.

We want to go out to Kate Schott right now, news editor of the "Daily Chronicle" standing by. How did this happen and where could she be?

KATE SCHOTT, NEWS EDITOR, DAILY CHRONICLE: You know, Jean, we -- what we know is that she was last seen about noon Thursday, October 14th. She told friends she was going to wooded south of campus which is known as Prairie Park, to get ideas for an art project.

She was reported missing the next day about 6:00 p.m. on October 15th by a friend who lives in the same residence hall. Family and friends had become concerned when they hadn`t seen her or heard from her. She was supposed to go home for the weekend and hadn`t been in touch with her family about that.

We have been told that police began interviewing her family and friends, and searching campus immediately. And that they were searching the wooded area that night by flashlight by 9:00 p.m.

CASAREZ: Kate, isn`t it true that they found her dorm room key?

SCHOTT: We know that the key was found earlier this week in the park. I`m not quite -- they`re not -- or they haven`t let us know where it was found yet. The family has said that she lost the key several weeks ago.

Today police declined to say whether it was the one the family said she lost then or if it was the replacement.

CASAREZ: Now what did search dogs hit on?

SCHOTT: You know, the search dogs, they`ve done multiple searches with canines. What I can tell you is that they`re just concentrating their search on the campus and the area south of the railroad tracks, which is also south of campus and around the Prairie Park area.

They`re not released a lot of details at this time.

CASAREZ: And is that where the key was found, her dorm room key?

SCHOTT: I believe so. But I would -- I would need to confirm that.

CASAREZ: What about her cell phone, her purse, anything like that? Books, notes?

SCHOTT: What we have been told that she had with her when she was in the park was a camera. As far as I know, that has not been found. Her cell phone. Earlier in the week, they did tell us, there may have -- there has nothing. I`m sorry. There was not activity on her cell phone from the day she disappeared up until that time. But today the police declined to comment on it. But they were quick to say not to read anything into that statement.

CASAREZ: All right.

SCHOTT: There are no comments.

CASAREZ: Kate, we`ve got a really special guest tonight. It is a family member of the young, beautiful Toni Keller that is missing.

I want to welcome Mary Tarling with us. She`s a cousin of Toni Keller. You are the spokesperson for the Keller family.

We can`t imagine what you`re going through right now, but we want to help in any way we can. How did you find out that your beautiful relative was missing?

MARY TARLING, COUSIN OF MISSING COED TONI KELLER, SPOKESPERSON FOR KELLER FAMILY: Thank you very much for doing this interview. We are very grateful for the outcry from the public and everything everyone is doing to try to bring Toni home to us.

We found out -- we had expected her to come home for the weekend. She made arrangements with friends to meet them over the weekend while she was at home. She made arrangements with her mom for her favorite dinner, literally. And then she just didn`t appear.

And when the friends called home and said the friends are looking -- the friends are looking for her, is she with you? And we said, no. That`s when we knew something could be wrong.

And that was Friday evening. She was last seen on Thursday. It was Friday that we heard the news.

CASAREZ: Mary, what is law enforcement telling you? What do you think?

TARLING: They`re not -- there`s nothing definitive that they`re telling us. That`s what`s so difficult to take. That there`s nothing pointing in any specific direction. They are doing their searches. They have searched the park extensively and they are continuing to do.

And so we`re just trying to wait for some information to point in a particular direction with the change of control, brought in and use a special team. We`re hoping that that brings more concise information and collaboration that will bring Toni home to us.

CASAREZ: And what do you want to tell anybody out that`s watching this tonight?

TARLING: If you know anything at all, if you have any tips whatsoever, there`s no tip that`s not valuable. If you can get it into the tip line and onto the Facebook page, the tip line is there. If you can get that information in.

We`ve had wonderful support from Cynthia (INAUDIBLE). They`ve been phenomenal in advising us on exactly how to -- in put things together for us, and a host of other people, public, private, that have helped us. I never knew there was this type of support for families that go through this type of horror. And we`re just very grateful.

CASAREZ: Well, there is. And to Pat Brown, criminal profiler, advice for this family and for law enforcement.

BROWN: Well, the most important thing is to be able to be clear to law enforcement about every possibility. What she did in her normal behavior. If she had a boyfriend she broke up with. If she was willing to take a ride from somebody.

You know, really looking at all the possibilities. Could somebody have grabbed her there at the woods? You know, dogs haven`t found anything. We don`t see a scene where there -- you know, seems like a struggle. But could she have taken a ride with somebody or somebody abducted her there? We don`t know.

CASAREZ: All right. And now, to tonight`s "CNN Heroes."

(BEGIN VIDEO CLIP)

APOLO ANTON ONO, CNN HEROES BLUE RIBBON PANELIST: Hi. I`m Apollo Anton Ono. As one of CNN Heroes Blue Ribbon panelists, I had the honor of helping choose this year`s top ten.

As a champion of Seer Impact I`m committed to making it easy for people to see exactly how their donation dollars can change someone`s life. And now I am thrilled to introduce one of this year`s top ten honorees.

LINDA FONDREN, CNN HERO: Mississippi has held the title of being the most obese state for six consecutive years.

Let`s walk.

I knew that I wanted to do something to help people who wish they could live a better life.

My name is Linda Fondren and I challenged my community to the 17,000- pound Weight Loss Challenge.

Good, girl. Go. Good job.

For 17 weeks. I asked the 50,000 people in Victory to only lose a half a pound. They beat the challenge, but I decided to make the challenge permanent because we did not reach enough people.

Yes.

We have a walking club and a nutrition program. On Saturday the gym is open for free. You have to give them the tools and opportunities to want to do better and they will jump at that chance to do better.

So you made it. You made it.

Obesity affects us all. The only way to combat it is to band together and help each other. We need to make a commitment to change.

(END OF VIDEO CLIP)

(COMMERCIAL BREAK)

CASAREZ: And now a look back at the stories making the headlines this week.

(BEGIN VIDEO CLIP)

UNIDENTIFIED REPORTER: 22-year-old Stephany Lowe is missing and police have reason to believe she could be in danger.

UNIDENTIFIED MALE: We want to find her as fast as we can.

UNIDENTIFIED REPORTER: The last time Stephany`s family heard from her was early Sunday morning.

UNIDENTIFIED FEMALE: She was afraid somebody was threatening her.

ADAM BAKER, FATHER OF MISSING 10-YEAR-OLD ZAHRA BAKER: Hey, how you doing?

UNIDENTIFIED 911 DISPATCHER: I`m good.

BAKER: I need police.

NANCY GRACE, HOST: He said, how are you doing?

BAKER: Hey, how you doing?

UNIDENTIFIED MALE: Not just a greeting.

UNIDENTIFIED 911 DISPATCHER: Hickory Police, 911. Where`s your emergency?

BAKER: Yes, my daughter is missing.

UNIDENTIFIED REPORTER: Dayna Kempson Schaft.

UNIDENTIFIED REPORTER: Mother of two.

UNIDENTIFIED REPORTER: Was driving when she lost control, ran off the road, and slammed into trees. A firefighter shot the video with his personal phone.

UNIDENTIFIED REPORTER: The audio you are about to hear has been given to us by the victim`s parents.

UNIDENTIFIED MALE: Smell like she`s been drinking. There is a piece of skull right there on the console.

UNIDENTIFIED REPORTER: What happens to Paige Johnson?

UNIDENTIFIED MALE: An extensive search. We`ve got about 110 searchers on the ground looking for clues.

UNIDENTIFIED REPORTER: Intensifying the search.

UNIDENTIFIED MALE: Large scale effort. Also got about 17 dogs out there.

UNIDENTIFIED REPORTER: 57-year-old Kathy Adams has vanished.

UNIDENTIFIED REPORTER: A missing psychic. Husband, John Marks, has also vanished. They say she planned to leave her husband.

UNIDENTIFIED REPORTER: A former "Playboy" playmate has been arrested on attempted murder charges. Former Playmate of the Year Angela Dorian was arrested in Hollywood after she allegedly shot her husband inside their home.

UNIDENTIFIED REPORTER: Her husband of 20 years is still in the hospital in extremely critical condition.

UNIDENTIFIED REPORTER: North Carolina landfill.

UNIDENTIFIED MALE: We are looking for a piece of evidence.

UNIDENTIFIED REPORTER: Bed mattress.

UNIDENTIFIED REPORTER: Key piece of evidence.

UNIDENTIFIED REPORTER: Mattress set.

GRACE: For one specific piece of evidence.

BAKER: OK. Thank you, ma`am.

(END OF VIDEO CLIP)

CASAREZ: Tonight let us stop to remember Army Specialist Rafael T.J. Carrillo, Jr., 21 years old from Texas. He was killed in Iraq. He was awarded the Bronze Star, the Purple Heart, and the Army Commendation Medal.

He also served in Kuwait. He loved spending time with Iraqi children, giving them candy. He was remembered for his jokes and lifting everybody`s spirits. He leaves behind his parents Amy and Tony, stepfather Jess, his sister Julia, his brother Bryce.

Rafael T.J. Carillo, Jr. A true American hero.

Thank you so much to all of our guests and to you at home for being with us tonight. We`re going to see you tomorrow night, 8:00 sharp, Eastern, until then, good night, everybody.

END