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Jane Velez-Mitchell

Horrifying Discovery: Jorelys Rivera, 7, Found Dead; Sandusky`s Delusional Defense

Aired December 05, 2011 - 19:00   ET

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


(BEGIN VIDEOTAPE)

JANE VELEZ-MITCHELL, HOST (voice-over): Tonight, a frantic search for a missing 7-year-old girl in Georgia ends in heartbreak. Little Jorelys left her neighborhood playground to get a drink and never came back. Who was watching the 7-year-old child? Is the neighborhood worried that a predator`s on the loose? I`ll talk to the family`s next-door neighbor. What did she see?

And accused pedophile Jerry Sandusky finally breaks his silence, insisting on camera that he did not have sex with children. But what he admits he did do with his alleged victims is sparking new outrage. Is he digging himself in deeper every time he speaks? You won`t believe what Sandusky says about being attracted to young boys.

Plus, another bizarre twist in the case of troubled country music star Mindy McCready, who`s accused of abducting her own son. You won`t believe where cops found Mindy and her little boy hiding. We`ll tell you what an emotional Mindy told cops. Why hasn`t she been charged with anything? Mindy`s worried mother joins me live.

Also, more Sheen family drama, but this time, it`s not Charlie in trouble. His ex-wife, Brooke Mueller, is accused of assaulting a woman and possessing cocaine. Who is watching their twin sons? Is this what Hollywood calls winning? We`re taking your calls.

UNIDENTIFIED MALE: At first police treated the case as a missing person. But now they believe someone abducted Jorelys.

VERNON KEENAN, GBI DIRECTOR: During a search of a Dumpster, which was removed from the apartment complex where the victim disappeared the investigators discovered the body of little Miss Rivera.

UNIDENTIFIED FEMALE: I want her to come home so bad. And I pray to God that somebody has her and will let her go.

KEENAN: She was in the Dumpster. It appears from the examination of the agents at the scene that she was severely beaten. We believe that she was sexually assaulted.

UNIDENTIFIED MALE: Everybody`s of interest. Nobody`s been ruled out.

KEENAN: This is going to be a very, very tremendous crime. And just after having observed the body. Child death is always a terrible thing. But a child who dies under extreme violence is -- has to be the worst thing that can happen to a human being.

(END VIDEOTAPE)

VELEZ-MITCHELL: Oh, so sad. So sad. A desperate hunt for an adorable missing 7-year-old girl ends in absolute horror. We`re all over the story.

Breaking news. Good evening. Jane Velez-Mitchell coming to you live from New York City. We are deeply saddened we have to tell you that the worst has happened to this child. Seven-year-old Jorelys Rivera vanished from her apartment complex in Canton, Georgia, a suburb just 40 miles outside of Atlanta, on Friday at about 5:30 in the afternoon.

Jorelys was playing at the apartment complex playground and reportedly went back to her apartment to get drinks for her friends and never returned. A teenage babysitter was supposed to be watching the little girl and her siblings, but she reportedly walked away from the kids.

After a massive two-day search, a little while ago, cops said, well, sorry to report that they had found this child`s body. And what was done to this precious innocent is the work of a monster.

(BEGIN VIDEO CLIP)

KEENAN: A 7-year-old child was abducted, sexually assaulted, murdered. Then the body -- then the body dumped. That`s all we know at this point.

(END VIDEO CLIP)

VELEZ-MITCHELL: This is the Dumpster where little Jorelys` battered body was thrown away like trash. It was only 100 yards away from the playground where she was having fun just this past Friday. Cops say that the Dumpster was so full and compacted they had to remove it to a nearby field to empty it.

So why is the violent sicko who kidnapped, sexually assaulted, and then beat this little girl to death? I want to hear from you. Give me a call: 1-877-JVM-SAYS, 1-877-586-7297.

Straight out to WSB reporter Veronica Waters. I just have to say that I`m sickened by this. I can`t just cover this like any other story, another breaking-news incident. This is a precious child who was very talkative, apparently, very friendly, very sweet, had lots of friends. An innocent little girl who`s done nothing to anybody.

And in our society, this happens over and over again, is just unacceptable. Something must be done to change it. Maybe many things have to change. But this is absolutely unacceptable, and we have to bear witness to that and say that first before we go into the who, what, when, where, why, how. Because if we don`t do that, then it`s just institutionalized or somehow it`s not given the -- the reverence, the -- we do not bear witness to it. This is more than a headline. This is a little child whose life has been lost.

So, having said that, Veronica, do cops have any idea who might be responsible for this vicious murder? And what about these reports that there were empty apartments in the complex? Have you heard anything about what cops may have found in those empty units?

VERONICA WATERS, REPORTER, WSB: You know, the neighbors who do live in the complex, Jane, have been very good about letting the police officers, the investigators from the GBI question them, go into their apartments, go into their cars and try to find out any clues that are available. We don`t know whether or not, obviously, the monster who did this to little Jorelys is a person who lives in the complex or a stranger who was just passing by.

But we should say that, on the table right now, there is a $5,000 reward, on the table from the GBI, to find the person who sexually assaulted and beat this little girl to death. The cause of death, official cause of death, the medical examiner is still waiting to give us, but we do know, as you said, that this is a horrific crime, no matter how little Jorelys Rivera died. She was innocent. She, in no way, shape, or form or fashion, asked for this, deserved this. And this is a community that right now is in deep, deep mourning.

VELEZ-MITCHELL: Yes, well, I understand that there is an actual vigil going on as we speak. And in fact, it`s going on right behind one of our guests, Heather Johnson-Coker. I understand you are with us. You are a neighbor of this child, and there is a vigil going on behind you. What - - turn around and just tell me what do you see behind you? What is going on behind you?

HEATHER JOHNSON-COKER, NEIGHBOR: Well, right now there are children and people bringing animals and toys to the playground where she was abducted from or where she was last seen. And everybody`s just really sad. And it`s heartbreaking that she`s no longer with us any more.

VELEZ-MITCHELL: I see that you have a little dog there, and I understand that that animal is part of this very sad, sad story. Tell us about that, that animal`s connection to this beautiful little girl.

JOHNSON-COKER: She loved all types of animals. Anybody that had a dog or a cat, she would run over and want to play with it. And -- and she saw him every day. She would come up to my porch when we were just out on the porch and play with him through the rails. And she -- she was just a very sweet outgoing child and would talk to anyone. And she -- she loved him.

VELEZ-MITCHELL: Wow.

JOHNSON-COKER: She always held him and played with him.

VELEZ-MITCHELL: It`s devastating. And I want to bring in a very special guest, one of my heroes, Diena Thompson, who has turned her grief into a crusade for change. Diena`s daughter, Somer, was also 7 years old when she disappeared, and she happened to be walking home from school with her siblings. She was later found in a landfill on Georgia-Florida border. Jarred Harrell, a 25-year-old neighbor, was arrested for her murder. This is the same individual that had already been red-flagged to cops by his roommates for having child porn on his computer.

Diena, I know this has to be excruciating for you because of the parallels. Another 7-year-old girl grabbed, violated, murdered, and thrown away in a similar manner to your precious daughter. And your precious daughter also loved animals and was lured by a little dog. The parallels are beyond -- it`s -- it`s so beyond words.

DIENA THOMPSON, MOTHER OF SOMER THOMPSON: It is. When I heard about this, and how it ended, you know, it takes you -- takes you right back there. And I -- I just wish that I could put my arms around this family and let them know that there are people that care and love with them (ph) and would do anything to help get them through this.

VELEZ-MITCHELL: Well, I`m sure you could be of help, because no one can even have even a hint of what it must be like. The experience of this for the -- for the mother, for you, for this mother, is beyond description. And none of us -- we can sort of approach trying to understand the facts, but none of us, Diena, can understand the emotion that you and this mother are going through.

THOMPSON: I`m sorry. You`re right. Nobody can. It`s unimaginable. And it`s so heart-wrenching to know that that family is on day one, you know, after finding their baby. Thank God they found her. But day one of the nightmare that doesn`t end.

VELEZ-MITCHELL: Well, I know...

THOMPSON: ... against the monsters in the world.

VELEZ-MITCHELL: I know you are doing everything that you can with your foundation, which we`re going to put up and show throughout this -- you`re doing everything you can to get some changes. But I`ll say one thing. There has to be surveillance video everywhere.

I want to bring in Mike Brooks. Let`s talk about what cops are doing to find this very sick individual. There were soda cans, apparently, found near the scene. She has gone to get soda for her friends. They`re being tested for evidence. Then there`s all the evidence in the Dumpster, so much to sift through. And then, of course, hate -- hate to mention these details, but because this child was sexually assaulted, there`s DNA. What are cops going to do with all that evidence, Mike?

MIKE BROOKS, HLN LAW ENFORCEMENT ANALYST: Well, Jane, they`ve already collected a lot of evidence from here and also from where they`re going through all of the -- the bags in that trash compactor. And Vernon Keenan, who`s a director of the Georgia Bureau of Investigation, the GBI, told me that they are working right now on trying -- on that evidence that`s been taken back to the GBI lab.

But one of the things they`re also doing, Jane, they`re going to go through all of the storage units in this complex. Vernon Keenan told me just a short time ago he believes that this case is centered in this complex. And they are going to go through all the storage units, about 300 units in this complex, and they don`t get consent from the person that owns that, they will get a warrant if they need it. But so far residents have been very cooperative with law enforcement. But there`s still a lot of questions that remain unanswered, Jane.

VELEZ-MITCHELL: Mike, quick question: was there surveillance video in this area? Could they have this monster on tape?

BROOKS: No. There`s no surveillance in this particular complex.

VELEZ-MITCHELL: Oh. You know what? That`s an investment we need to make as a society. Every single apartment complex, the playgrounds, the garages, they need to have surveillance video. It`s not even that expensive.

We`re taking your calls on this heart-wrenching story: 1-877-JVM-SAYS, 1-877-586-7297. Who did this to 7-year-old Jorelys Rivera? Why was somebody allowed to grab this child? I will talk to another neighbor who is extremely concerned and who wants justice.

(BEGIN VIDEO CLIP)

KEENAN: A 7-year-old child was abducted, sexually assaulted, murdered. Then the body -- then the body dumped. That`s all we know at this point.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: My sister was playing with her, but then she went inside, because she was cold, and Jorelys was out there by herself.

(END VIDEO CLIP)

VELEZ-MITCHELL: That appears to be one of the children who was playing with Jorelys in the complex playground shortly before she disappeared. And we`re getting slightly different stories, saying her sister went inside and then we hear that Jorelys went inside to get soda. And it`s going to be hard. It`s going to be hard, Michelle Ward, psychologist -- and you`re the host of "Stalked: Someone`s Watching" on Investigation Discovery.

The key witnesses in this case might be little kids. How do they deal with that.

MICHELLE WARD, PSYCHOLOGIST/HOST, INVESTIGATION DISCOVERY`S "STALKED: SOMEONE`S WATCHING": That`s right. It`s so incredibly difficult. First of all, none of us are great eyewitnesses to begin with. Unless you know something is happening, you really don`t pay very good attention. And then when you have a child, it`s a whole different ballgame. These poor children are going to be traumatized by this to begin with, and now they`re being required to actually report on it. It`s really -- it`s really a difficult situation.

VELEZ-MITCHELL: Yes, it sure is. Everything about this is beyond comprehension. It`s hard to get your mind around this kind of evil.

Seven-year-old Jorelys was sexually assaulted and, quote, "brutally disfigured." Why? Cops are questioning all the sex offenders in the area. There are 83, to be exact, according to the Georgia Bureau of Investigation. There`s a map showing Jorelys` home and the sex offenders nearby. The list, child pornography, enticing a child for indecent perp, aggravated sodomy. There`s actually a sex offender living upstairs from the little girl, although reports are he was convicted of statutory rape and is not considered to be a child predator. All of it is quite scary.

I want to go to another neighbor who lives in the area, Charlotte Orr, the child`s neighbor. I understand, Charlotte, your grandchildren used to play with little Jorelys. What -- what are your thoughts as we try to digest unimaginable violence, attack on a precious, innocent child?

CHARLOTTE ORR, NEIGHBOR: Well, I just don`t understand how a child can drop off the face of the earth in such a short time, because Alexis was playing with her at 4 p.m. And Alexis` mother took her in, because it was getting cool out here. Now, she was in front of my patio in a tree at 5 p.m. And that`s the last time I saw her. You know, I see the -- the little girls are on the playground. She has a younger sister, 4 years old, and the two are always on the playground, playing when Alexis is out. But I never see any adult supervision with these children.

And I just think that -- that parents need to take heed and be a little more careful and know more about where there children are.

VELEZ-MITCHELL: Well, we -- this is a visual, by the way. You`re looking at a visual right now of people from the community going to the playground where she was last seen. And I think you can see candles. And we heard they were bringing pets that -- because she loved pets. And this beautiful little child, who was so friendly and talkative. And that`s part of the problem. If -- if your child is talkative and friendly, can make friends with adults, can see adults and be lured in.

Diena Thompson, isn`t it sick and sad we live in a world where kids can`t play in the yard of their own apartment complex without -- this is not Mayberry any more. We can`t do that any more. The kid has got to be watched constantly.

THOMPSON: You`re right. They do. And it`s not fair, because they should be allowed to be children and be innocent and grow up and have the same advantages that we were afforded as children. Because obviously, we made it through. It`s such a sad state that our kids can`t walk to school, because you live too close to the school to get on the bus. Or that a child is playing in a playground in their apartment complex, and somebody can just come in there and snatch them right up, and we can`t change it.

VELEZ-MITCHELL: Yes. It`s -- it`s -- it shouldn`t be that way. But unfortunately, it is. Unfortunately, it is.

Thank you, fantastic panel. Now we`re going to an alleged pedophile case, and you won`t believe what this guy`s saying.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Any argument that these men now are making any of this up is really weak.

UNIDENTIFIED MALE: It`s uncomfortable to watch him. His answer was really no different, frankly, than the answer that he gave before.

(END VIDEO CLIP)

VELEZ-MITCHELL: A new wave of outrage tonight as disgraced former Penn State assistant football coach Jerry Sandusky makes his first on- camera comments about allegations that he raped and molested children. Sandusky faces 40 counts -- four-zero -- of sex crimes against young boys.

He sat down for a four-hour interview with "The New York Times" and said the physical relationship he had with young boys, quote, "just happened that way." When asked about the wrestling and the hugging and the showers he had with boys, he said, "a lot of kids really reached out for that." Are you kidding me?

And when Sandusky was asked if he is attracted to young boys, well, you`ve got to hear it to believe it.

(BEGIN VIDEO CLIP)

JERRY SANDUSKY, CHARGED WITH 40 COUNTS OF CHILD SEXUAL ABUSE: If I say no, I`m not attracted to boys, that`s not the truth, because I`m attracted to young people, boys, girls...

UNIDENTIFIED MALE: Yes, but not sexually. You`re attracted because you enjoy spending time.

SANDUSKY: I enjoy -- that`s what I was trying to say. I enjoy spending time with young people. I enjoy spending time with people. I mean, my two favorite groups are the elderly and the young.

(END VIDEO CLIP)

VELEZ-MITCHELL: That`s right. His lawyer had to step in and temper Sandusky`s remarks, and "but not sexually."

Straight out to Arnie Spanier, host of CBS Radio in Dallas. Arnie, what is this guy, and for that matter, his lawyer, thinking?

ARNIE SPANIER, HOST, CBS RADIO, DALLAS: You know, Jane, I mean, you saw the story that you just did about Jorelys. I mean, how many -- how many kids do we have to find beaten, left for dead, raped? I mean, there`s pedophiles out there, and look at this guy. Look at this guy. When is America going to get furious? When is America going to say, "I have had enough?" This guy makes me sick. And you heard his answer. This is disgusting! If this guy isn`t a pedophile, I don`t know what is. The whole thing`s disgusting, Jane. I wish America would get outraged, send an e-mail. We have a chance to put one behind bars, and we`ve got to do it now, Jane.

VELEZ-MITCHELL: Well, first of all, he`s not behind bars. And if he, since he`s doing the media rounds, wants to come on this show, I have some questions to ask him and his attorney. But why is he free to be giving interviews, like he`s some kind of celebrity, when he is accused of 40 counts of sex crimes against young boys? Why? Because he was let out on unrestricted bail, no ankle bracelet, nothing. They keep pushing back his first hearing.

Some say Sandusky and his attorney are trying to manipulate the jury pool. But guess what, Arnie? It`s going to boomerang. Because every time this guy opens his mouth or is quoted, it`s a new wave of complete outrage and disgust.

Arnie, are you there?

SPANIER: And America is not going to forget it. You know they will.

VELEZ-MITCHELL: No, I mean, I don`t know why this guy is out, OK? That`s what bothers me. Out to do these interviews, Arnie.

SPANIER: Jane -- and you know what? That`s interesting because, I mean, you knew that the judge was involved with Second City [SIC]. Unrestricted bail. He has no ankle monitor. He can go wherever he wants. If alleged, he`s doing it. He can go to schools. He can do it all over again. What are we doing? Why don`t we put him behind bars until we can figure this out? Why not keep him restricted?

And did you hear what he said? He said he misses his grandkids. Why aren`t his grandkids coming to visit? Why aren`t they bringing them over?

VELEZ-MITCHELL: Because the mother of the children doesn`t want them near him.

SPANIER: Exactly. That`s why.

VELEZ-MITCHELL: Unbelievable. HLNTV.com.

(COMMERCIAL BREAK)

UNIDENTIFIED FEMALE: The 5-year-old son of Mindy McCready has been turned over to authorities.

UNIDENTIFIED FEMALE: You cannot just snatch the child and run.

DON LEMON, CNN ANCHOR: Mindy McCready`s son is in protective custody in Arkansas right now.

UNIDENTIFIED FEMALE: She could be held in criminal contempt.

UNIDENTIFIED FEMALE: Officials say they were hiding in a closet.

UNIDENTIFIED MALE: They found the country star and the child hiding in a closet.

UNIDENTIFIED FEMALE: The police and U.S. marshals found him and his mother, Mindy McCready hiding in a closet at this empty house.

UNIDENTIFIED FEMALE: Mindy McCready has had a public battle with drug addiction.

UNIDENTIFIED FEMALE: She could be locked up.

UNIDENTIFIED MALE: McCready is also seven months pregnant with twins.

UNIDENTIFIED FEMALE: McCready doesn`t have legal custody of the little boy; it`s her mom and her stepfather who do.

UNIDENTIFIED FEMALE: She is relieved her grandson has been found and is safe.

UNIDENTIFIED FEMALE: I hope this is a breaking point.

UNIDENTIFIED MALE: She`ll be appearing in court this morning.

UNIDENTIFIED FEMALE: I`m sorry that I have to keep seeing all of you guys in court.

(END VIDEO CLIP)

JANE VELEZ-MITCHELL, HLN HOST: Tonight, breaking news in the bizarre, and I mean bizarre, Mindy McCready custody battle. The troubled country star has been fighting her mom for custody of her son. According to Mindy anyway, she just won. There`s Mindy on stage.

Mindy just texted us, quote, "We won. Zan stays, court details sealed but we love Judge Lee W. Harrod."

Now I have to say, we have not confirmed any of that because as she said, the details are sealed. After Mindy`s son, Zander was declared a missing person because she took off with him purportedly. U.S. Marshals found him and her, the mom -- get this -- in a vacant Arkansas home hiding in a closet.

Little Zander is supposed to be in Florida with his grandparents. They have legal custody. So far, Mindy has not been charged with trespassing or kidnapping. Why not?

(BEGIN VIDEO CLIP)

SHERIFF MARTY MOSS, CLEBURNE COUNTY, ARKANSAS: I think that`s part of what the issue in Florida is, was this really an abduction and Miss McCready`s mind knows it wasn`t. But obviously the court thinks different because there was a court order, you know, for the immediate pick up of the child.

(END VIDEO CLIP)

VELEZ-MITCHELL: I have to ask though, had she been some ordinary person, some underprivileged who wasn`t famous, wasn`t beautiful, would she be charged with kidnapping tonight? Just asking. Could Mindy get custody? And get off completely unscathed? She ignored a court order last week to bring her son home, saying she was too pregnant with twins, no less, to make the trip. That`s right, she is preggers.

Mindy also accused her mom of abusing her young son Zander. Mindy`s mom says, that`s a total lie. And that this is another sad chapter in Mindy`s long, long, long battle with addiction.

(BEGIN VIDEO CLIP)

GAYLE INGE, MINDY MCCREADY`S MOTHER: I really think mind Mindy is in denial. You know, I think that if you don`t want to say there`s a problem. If you don`t want to say there`s an addiction problem, then it becomes everybody else`s fault.

(END VIDEO CLIP)

VELEZ-MITCHELL: Hey, by the way, you can give me a call on this. I want to hear what you have to say. 1-877-JVM-SAYS, 1-877-JVM-SAYS. Call me, I want your theories as to what is going on with Mindy McCready.

But somebody who should definitely know because he spent a lot of time with Mindy -- Bob Forrest. He was Mindy McCready`s counselor on VH1`s "Celebrity Rehab" and he`s also the founder of Bob Forrest Counseling Services. Bob Forrest, what do you think is wrong with Mindy?

BOB FORREST, COUNSELOR, VH1`S "CELEBRITY REHAB": Well, you know, what I have noticed is we have entered into the alcoholic vortex, the chaos of the alcoholic life and co-dependence in the alcoholic`s life. Poor Zander, caught right in the center of it.

VELEZ-MITCHELL: Well, yes, that`s obvious. Now, let me tell you a little bit about Mindy`s background. She had her first hit single in the late `90s -- very talented singer, beautiful woman. But in recent years it is her legal problems that have made headlines. February 2004: prescription drug fraud, using a friend`s name to get pain killers; later that year, DUI. 2005: fraud, Arizona. That`s what she was charged with later that month. She checked into a hospital citing stress. She had attempted suicide. One month later Mindy failed to show up for a probation meeting; she spent 10 days in jail.

2006: driving with a suspended license. 2007: arrested in Florida, battery, resisting arrest and later that same month, another probation violation; one year in prison is what she was sentenced to.

2009: she lands on VH1`s "Celebrity Rehab" where she has a very infamous now seizure on camera.

(BEGIN VIDEO CLIP)

MACKENZIE PHILLIPS, ACTRESS: Mindy? Mindy, are you faking it?

She is not faking this. She is having a seizure.

Nurse. Nurse. She is having a seizure right now. Right now. Somebody --

(END VIDEO CLIP)

VELEZ-MITCHELL: Bob Forrest, she had a seizure and sometimes that can affect you, mentally. Do you think she has any kind of -- fall-out from that seizure?

FORREST: Well, that was a withdraw seizure and lots of addicts have them. And I don`t know what the long-term effects would be. It is individual to the patient.

But one thing we do know is that addiction isn`t in the blood stream. It is in the thinking and the perception and the mind of the addict. So she does irrational illogical things because she`s never gotten the treatment that I, on the show, wanted her to have.

I wanted her to stay in Los Angeles if anybody recalls. I didn`t want her to go back to Florida. I didn`t want her to move in with her mother. I didn`t want her to have the pressure of fame and fortune and all this kind of stuff and the enmeshment with her mother. I wanted her to stay in Los Angeles and get adequate treatment for months and months.

And she and I butted heads about it. She wanted to go back to Florida and see her son and be with her mom. So she`s never really gotten the treatment that she really needs.

VELEZ-MITCHELL: Yes. Well, you know how it is.

FORREST: Yes.

VELEZ-MITCHELL: She is very talented and a lot of addicts are very talented. There you see her in some of her better days. But addiction is a mentality.

Now let`s hope she is sober because if she is pregnant with twins, I would certainly hope so. If she`s not, that could be very dangerous for those twins.

I`m a recovering alcoholic with 16 years of sobriety. We actually texted her and said, hey are you sober and if so, what`s your sobriety date because that`s what -- I`m very proud of my sobriety date. April Fool`s Day it happens to be, that`s the truth. But I got 16 years ago. I`ll tell anybody who asks.

She did not return our text and tell us what her sobriety date is. So I certainly hope she is given the fact that she is reportedly more than five months pregnant.

Now, Pilar Prinz, family law attorney, addicts whether they are using or not they still have the addict mentality. And one of the things that we are famous for is ignoring and defining rules, rewriting the rules and pretending we don`t understand the rules.

And so she was quoted as saying she thought all this, taking off with her kid was ok. She also said this, quote, "I did not steal any child as it would be impossible for me to kidnap what already belongs to me." Is she confusing children, having children with property ownership? She did not have custody of her son for a reason.

PILAR PRINZ, FAMILY LAW ATTORNEY: Jane, what is she confusing is that there is a court order in Florida that gave custody to her mother. So even though she maybe the parent and the biological parent, she does not have legal rights to the child right now, her mother does. She had visitation rights.

What she`s done -- she could be potentially be charged with kidnapping. That`s going to depend on the court but she is -- whether it`s property rights, she is confusing the right that a state court in Florida has given to her mother.

VELEZ-MITCHELL: Well, listen, this is a very serious situation. I hope that she is just confused about the legalities and that she is not in her disease. And we invite her or her attorney, on any time to tell their side of the story and explain exactly why she took off with her kid.

Again, there has been a ruling. She said she won custody`s back. But it`s sealed so we don`t know. We do know though that her kid was taken away from her and given to her parents, her mother for a reason.

Now, let`s remember Britney Spears right? She suffered a break down four years ago. She was put on a 51-50 hold and forced to undergo a mental evaluation. That`s when you`re a danger to yourself or others. After locking herself in a room with her son and refusing to hand him over to her ex -- that`s right -- they put her on an involuntary hold. Britney Spears. And the fact is that she has been under the conservatorship of her father.

So I want to bring under Jamison Monroe, addiction specialist. Do you think that this kind of behavior has gone to the point, where her mother with whom she`s feuding should consider taking out a 51-50 and putting Mindy under a psychiatric hold?

JAMISON MONROE, ADDICTION SPECIALIST: Absolutely, Jane. You took the words right out of my mouth. When I`m following this story, I`m reminded that over half of addicts and alcoholics typically have some sort of co- occurring disorder or some sort of mental health problem. And some of her symptoms here, she`s admitted to being depressed and some of her symptoms may be leaning towards a manic state as well.

So definitely the dilutions, telling lies, believing her own lies; definitely recommend a thorough psychiatric evaluation.

VELEZ-MITCHELL: Yes. Well, remember, there`s a little kid at stake and she is pregnant with twins. That`s a whole other issue.

We want to go to the phone lines -- Kimberly, Georgia, your question or thought?

KIMBERLY, GEORGIA (via telephone): My thoughts on this whole situation is that once Mindy McCready went through her ups and downs, roller coaster, when through jail sentence, why was she not afforded the prima facie right of a parent to go through reunification process with her child? The child is five years old. They have gone through that initial bonding period which is paramount --

(CROSSTALK)

VELEZ-MITCHELL: Well, I think it might have something to do with her past. Her past which is riddled with addiction and she`s got a rap sheet. She has got a rap sheet. We hope she gets it together.

Up next, Charlie Sheen.

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VELEZ-MITCHELL: As a recovering alcoholic I gave up alcohol 16 years ago and I became what is known as a teetotaller. I drink a lot of tea. When I want something to drink at work, I go get some green tea which is filled with antioxidants. Do you know that it takes well over an hour to walk off one can of sugary soda but green tea it has zero calories. It is health in a cup.

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UNIDENTIFIED FEMALE: Brooke Mueller, Charlie Sheen`s ex-wife. Well, her youngest kid`s with Charlie now, have a different parent in trouble.

PIERS MORGAN, CNN HOST: You take cocaine, right?

CHARLIE SHEEN, ACTOR: Right. I used to.

UNIDENTIFIED FEMALE: Police in Colorado arrested Brooke Mueller Saturday at a bar and charged her with cocaine possession.

UNIDENTIFIED FEMALE: What do you say about that, Brooke?

SHEEN: She doesn`t have words.

BROOKE MUELLER, FORMER WIFE OF CHARLIE SHEEN: I don`t. It`s too much.

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VELEZ-MITCHELL: And the award for 2011 most troubled Hollywood family goes to -- Charlie Sheen and Brooke Mueller, the parents of two twin boys. But it is really not funny. The world watched as Charlie had his very public melt down earlier this year. He was fired from that hit show "Two- and-a-half men" for his crazy behavior captured in videos like this from Ustream.

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SHEEN: -- inhabited by the ghost of Betty and now will murder people, or will eat trolls with his razor fangs. Smoking a cigarette and drink something I won`t reveal. Oh, unless they pay me. Everybody wins.

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VELEZ-MITCHELL: Now, his ex-wife is having her own national breakdown with her own unique spin on it. This security camera footage obtained from TMZ appears to show her weaving around the dance floor at an Aspen club and, get this, moments earlier she allegedly assaulted a woman at a different bar.

Cops arrested for assaulted and drug charges. She was allegedly found with four grams of cocaine.

Here is a classic mug shot, one for the record books, look that mascara. Charlie Sheen was the crazy one. But now it seems these two are in a race to see who`s winning the award for most out of control, emphasis on "winning".

Joining me now, Mike Walters, news manager of TMZ; Mike, what do you know? Who did she allegedly assault and why?

MIKE WALTERS, NEWS MANAGER, TMZ: Jane, she was in another nightclub before she entered the Escobar which is where she was finally arrested. She was in this other nightclub. Allegedly she went up and assaulted some other female patron of the bar, decided to leave, went across the street to this club where you see the video that we obtained, goes in, dances around, bumps into a few people. You can see her holding a cocktail.

Moments later you see the police entering through the hallway. And at the end of the video you see her being escorted out by police.

We`re told that woman made a report so the cops went into Escobar to question Brooke Mueller. Once they got there, she was searched and they found over four grams of cocaine which classifies as a class four felony so they arrested her. She was booked on assault and on the cocaine possession.

VELEZ-MITCHELL: What did she get out on bail? What was her bail?

Walter: $11,000 bail. She was out a few hours later. Here is the worst part, Jane, we learned that she was actually there in Aspen with the children. Her parents weren`t there. Charlie just got home from Colombia. So only the nannies were there at home with the children. And they`re all now back en route to Los Angeles. That`s the biggest loser here is the kids.

VELEZ-MITCHELL: Yes. Why. Why is Brooke -- according to sources Brooke is flying back with the kids today from Aspen. Why does she have the kids? That`s what I`d like to know. She currently has custody of these little boys. TMZ reports Charlie is now planning on taking care of them. But obviously he`s had a lot of trouble too.

Check this out from ABC News and NBC`s "Today" show. It will bring back memories.

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SHEEN: I am on a drug, it`s called Charlie Sheen.

I`m tired of pretending like I`m not (INAUDIBLE) a total rock freaking star from Mars.

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VELEZ-MITCHELL: Rock star from Mars. Well, now ironically it seems Charlie is doing better than the mother of his two children. I don`t understand, Pilar Prinz, family law attorney, why either of them should get custody and why Brooke is flying back with the kids today from Aspen. Had she been some poor underprivileged nobody, would Child Services have come in and taken those kids away?

PRINZ: Jane, I think Child Services is going to come in anyway. I mean it is like watching a ping-pong match with these poor children in the middle of it, between which parent is doing more harm to them. These children are going to end up with a family --

VELEZ-MITCHELL: Yes. But don`t you think it`s little bit two-tiered system of justice that she gets to fly home from Aspen with the kids. Wouldn`t somebody else who was a nobody quite possibly have already had her kids taken away from her?

PRINZ: Not necessarily. I think they`re going to go home and the court`s going to figure it out there. I don`t think her flying home really means anything. These children are going to end up with Charlie Sheen, which is shocking; or they`re going to end up with family member or they`re going to end up in protective services.

VELEZ-MITCHELL: I do think it is a case of power and privilege.

Look, on the other side, I`m going to do a demonstration. It involves how much cocaine she was allegedly caught with and how much cocaine, crack cocaine, can get you 20 years in the slammer. Next.

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MUELLER: My husband had me, with a knife -- I fear for my life and he threatened me.

UNIDENTIFIED FEMALE: Ok. Are you guys separated right now?

MUELLER: Yes. Right now we have people that are separating us, but I have to file the report or else --

UNIDENTIFIED FEMALE: Ok. Are there other people there? Does he still have the knife?

MUELLER: Yes, he still does.

UNIDENTIFIED FEMALE: Was your name?

MUELLER: Brooke.

UNIDENTIFIED FEMALE: And what`s your husband`s name.

MUELLER: It`s Charlie Sheen.

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VELEZ-MITCHELL: That was Brooke Mueller calling the cops on Charlie Sheen two years ago in Aspen. And she was reportedly, allegedly drunk at the time. I mean the truth is Jamison Monroe, founder and CEO of Newport Academy, Brooke has struggled with substance abuse. She`s been in and out of rehab repeatedly for years. She`s a chronic relapser. What say you?

MONROE: Brooke definitely has a disease, a disease called addiction. 10 percent of the population has it and the more severe the symptoms the more intense the treatment needs to be, right? The average person whether they`re on skid row or in Aspen partying, the average person attempts to get sober at least seven times before doing so.

So it`s not uncommon for someone to go in and out. What she needs at this point in time in the advance stages of her addiction is to get away. Get away from all the enablers. Be by herself in long term residential treatment. By long term I mean at least six months out of the spotlight, out of the scene so she can work on herself.

VELEZ-MITCHELL: I agree. I think it should be a lockup rehab because when you can go in and out of rehab some celebrities treat it like a hotel.

Now, a few months ago I told you a story, a 23-year-old guy who was sent to prison when he was found with 44 grams of cocaine, an unloaded rifle and some money at home. That was his first offense. He got the minimum mandatory of 20 years behind bars. I`ll show you what 44 grams looks like there. That`s 44 grams. He did 20 years behind bars.

Now, I`m going to show you the amount that Brooke allegedly, allegedly -- ok can you see this? She allegedly had. Ok. Somewhat different, but I mean really Michelle Ward, psychologist, host, "Stalk, Someone`s Watching" on Investigation Discover. Do you really think that she has any chance of ever doing hard time? Is that fair?

MICHELLE WARD, PSYCHOLOGIST: I don`t know. We seem to see these celebrities get off a little easier than we`d like. But we also have to recognize that they are falling apart in front of everyone and that pressure has to make it more likely for them to continue to fall apart. But if the recent history and what we`ve been seeing with other celebrities is any sort of harbinger for what`s going to happen here no, don`t imagine she`s going to be doing time. Although what do you need all that cocaine for. Even if you are an addict, was she going sell it? Does she need the money? I don`t think so.

VELEZ-MITCHELL: I hate to tell you but it`s possible for one individual to do that much cocaine.

Pilar Prinz, family law attorney, I`m trying to show here that there`s a two-tiered system of justice in our country; one for the rich and the famous and the powerful and the privileged and the other for everyone else. When a guy gets 20 years hard time for having a little more powder but it happens to be called crack and this one is found allegedly with this thing that happens and this is obviously just salt, but, that happens to be called cocaine, it`s treated differently. Is that fair?

PRINZ: Jane, it`s not fair but the bigger problem that she has is not whether she serves jail time, it`s that she stands a real likelihood that her children will be taken aware from her. And maybe I`m naive but I think that the court system is going to treat her the same because courts care most about children. They don`t care about celebrities. They care about her twins.

VELEZ-MITCHELL: She`s not going to be treated the same.

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UNIDENTIFIED FEMALE: A week-long hunt with a goal to try to manage the population, stabilize the bear population in New Jersey.

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VELEZ-MITCHELL: Yes. Manage is a nice way of saying kill. Outrage in Garden State, ok, the New Jersey state-sanctioned bear hunt has begun again this year. Huge protests from animal lovers and they say that this is the only way they can control the bear population.

Here`s a problem. There are only 3,400 bears in all of New Jersey. You know how many human beings there are -- more than 8.5 million human beings. And they keep encroaching on the bears` turf.

Now I`ve met, I`ve actually been in New Jersey and met weekend warrior hunters. And you know what; they were drinking beer. They don`t look like the best sharpshooter. And I was a little concerned for my own safety.

When you shoot a mama bear what happens to the baby bears? Just asking.

"NANCY GRACE" next.

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