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Nancy Grace

Mayes Dead, Kyliyah and Alexandria Found Alive

Aired May 11, 2012 - 20:00   ET

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

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The FBI received a tip concerning a possible sighting of Adam Mayes in a wooded area near Zion Hill Church on county road 183 in Alpine, Mississippi. At 6:50 PM, an officer observed Alexandria Bain in a heavily wooded area approximately 100 yards behind the church.

Officers immediately issued commands to Adam Mayes to show his hands. Mayes pulled a semi-automatic pistol from his waistband and shot himself in the head, and was later pronounced dead at a local hospital. Other agents moved in to rescue Kyliyah and Alexandria, who were lying on the ground nearby.

The girls were hungry, thirsty and dehydrated. They were immediately given water as they were escorted to safety.

UNIDENTIFIED MALE: Mr. Hayes (SIC) began to raise his head. I could see a weapon in his hand. I hollered "Gun" three times loud to let my team know there was a weapon involved. We ordered Mr. Hayes to drop the weapon numerous times. Mr. Hayes raised to his knees, never brandish the gun toward any of us or the children. At that time, he took his life.

(END VIDEO CLIP)

JEAN CASAREZ, GUEST HOST: Good evening. I`m Jean Casarez of "In Session" on the truTV network, in for Nancy Grace. Thank you so much for joining us.

As you have just heard from that news conference, the manhunt is over for 35-year-old Adam Mayes. And in a stunning miracle, both of the missing Bain girls -- they are alive.

For the very latest on these fast-breaking developments, let us go straight to CNN correspondent Martin Savidge, who is live on the scene. Martin, how were these girls found?

MARTIN SAVIDGE, CNN CORRESPONDENT: Jean, this was the answer to the prayers of many local folks here, that they were found alive and well. Let me tell you how this all broke down. And you got pretty much got a summary there from the FBI.

But they got a tip about 5:30 last evening. The information we have is that they were told to check out what might have been a cabin up around this area. We`re up at the Mount Zion church, and it`s about 100 yards down this road where all the activity took place.

And authorities had a SWAT team in the area. They dispatched it. And they moved in on this wooded are area. And as they moved in, that`s when they spotted one of the young girls laying on the ground. It`s also when they spotted Adam Mayes. And when they gave the command for him to show his hands, instead, he pulled out the gun and shot himself.

So all of this played out in the evening hours. It is the end of a long ordeal, but it is only the beginning of this investigation that still continues, Jean, more arrests have been made.

CASAREZ: You know, Martin, let`s -- to get the logistics straight for everybody, there was a church and there was a cabin. Where was Adam Mayes? And where were the girls when authorities converged?

SAVIDGE: Yes, well, this is to show you just how difficult it would have been if authorities had not been given a tip, if you look behind me, as you can see, it`s densely wooded back there. It is off of this road, up a trail, and then branching off of that trail by about 30 feet is the area specifically where Adam Mayes shot himself.

Very difficult to find, very thick brush. It took trained experts and a SWAT team to eventually find that location. So they were tipped off. It is probably maybe 100 yards in that direction, not easy to find, only came through because someone in the public called. And that`s how we knew it was going to end, Jean.

CASAREZ: Everybody, Martin Savidge is in Mississippi right now. He is in Alpine, Mississippi, at the scene. Martin. Do we know how close the girls were to Adam Mayes when he shot himself?

SAVIDGE: Well, we were told by authorities they were directly in front of him, only by a couple of feet, laying on their stomachs. In other words, and it doesn`t take much imagination to figure this out, that they had to witness at least one more tragedy before they could be rescued, and that was Adam Mayes taking his own life.

We found the specific area. You can see where there is blood all over the ground. It`s clear that`s where Adam shot himself. There`s also indications of wrappings, bandages and the initial attempts of first aid that was rendered at the scene.

But what you realize is that for the last couple of days at least, they have been living an existence in the woods, out in the open without shelter, without apparently much food or water, either.

CASAREZ: This is the actual scene right here. This is the actual scene right here, video exclusively shot by CNN showing where this all went down last night. As you can see, dried blood on the leaves, flies now on the leaves. These two young sisters on their stomach as law enforcement moved in and as Adam Mayes took that gun and shot himself in the head.

Do we know if the girls had eaten anything? Because it`s been 13 days. It`s been a long time since they were abducted.

SAVIDGE: Right. You know, it`s hard to believe that they could have existed in this kind of terrain for that period of time directly, so it`s thought that they may have come here over the last couple of days.

One thing is clear, they didn`t have water. And they didn`t appear to have food, just judging by their demeanor. We also know that they had been apparently out there and exposed in the woods, judging by the poison ivy and also by the mosquito bites and just their general dehydrated state.

But beyond, that physically -- and that`s the underline, physically -- they seem to be all right. What they`ve gone through mentally, we can only begin to imagine. But we don`t believe that they had a large supply of food. And the question by many locals here is, who was providing them, who was supplying them? Because they had to eat at some point.

CASAREZ: Which leads us to Dave Mack. I want to go to Dave Mack right now, joining us from Birmingham, Alabama, talk show host, WAAX radio. There have now been more arrests in this case, correct?

DAVE MACK, WAAX (via telephone): There have. Jean, actually, these were associated with the investigation. Two -- three different people have been arrested. One was for lying to the police during the investigation, and the others were for weapons violations. And one of those charged with a weapons violation, I believe, is the one who gave Adam Mayes the gun that he eventually shot himself with.

CASAREZ: So two more arrests now, felony possession of a firearm, giving it to Adam Mayes, and also false information for a law enforcement officer.

Martin Savidge, do we have any more information on these additional arrests and what they did to help Adam Mayes?

SAVIDGE: The information we have, Jean, is that in one case, it was somebody who supplied false information, gave maybe misleading information when authorities questioned them about perhaps the whereabouts of Mayes or the perhaps whereabouts of the children.

The other two are thought to have supplied a gun, and it would turn out that this was the same gun that Mayes used to take his life.

CASAREZ: You know, Martin Savidge, our sources are saying that potentially both of the victims, the mother and the daughter, were strangled in that garage adjacent to their home. Any information on the ground in regard to that?

SAVIDGE: Yes, no, that`s what authorities are now saying. Up until we heard the death of Mayes, and of course, the rescue of these two girls, authorities had not spoken openly about how their mother and older sister died. But now they are saying that, yes, in both cases, they died of strangulation.

CASAREZ: All right, because he didn`t have a gun, it sounds like.

I want to go to Rick Foster right now. Everybody, this is an exclusive primetime guest here on HLN on Nancy Grace`s show. He is a very, very close friend of Gary Bain, the father in all of this, who has lost his wife and lost his daughter, now reunited with his two living daughters.

Rick, thank you so much for joining us tonight from Tennessee. You have spoken to Gary several times. I want to know the first time you spoke with Gary last night, what did you say to him and what did he say to you?

RICK FOSTER, FRIEND OF BAIN FAMILY (via telephone): I asked Gary if he had heard anything about them possibly finding Adam and his girls. And I told him that Sheriff John Doolan (ph) had posted on his FaceBook page that the two girls were alive and the perpetrator was dead. And he verified that and said, If John said it, then it`s true.

And there was a lot of commotion going on in the background with phones ringing and, like we had been doing all week, I`ll get back to you, I`ll get back to you.

CASAREZ: Rick, what did you hear in Gary`s voice? What was his state of mind through that phone?

FOSTER: He`s been really emotional the whole entire 13 days. And last night, it was a breath of relief, but also maybe some apprehension -- Until I see them, I`m not going to believe it.

CASAREZ: Rick, how did Gary get to where his girls were? What happened after that phone call you had with them?

FOSTER: I attempted to call back, and we played phone tag for a few minutes. And I said, Is everything OK? And he said, I`m doing great. I`m doing fine. I`m with good people. I`m not driving. I said, Are you going to them? And he says, I`m on my way to them under escort.

And so I asked him, I said, Are you going very far? Because initially, we heard maybe they were being brought through a different route than what they were. And he said, It`ll be a little bit of a trip. And he said, I`ll call you back. So that was the end of that call. He was excited.

CASAREZ: What happened when he got to the hospital, Rick?

FOSTER: I asked him if -- he texted me and said he was at Labonner (ph) and at this (ph) -- and I asked about the media. I said, Are you able to get to the actual area that the kids are at? And he said not at first, but the sheriff department has taken care of that issue and they had finally gotten in and he would call me as soon as he made contact with the children.

And I didn`t hear anything for several hours, and that kind of got the us a little bit concerned. And then a little bit later, his -- another person with him texted us and said, Believe it or not, we still haven`t seen them yet, but we`re told they`re OK and that they were being examined.

CASAREZ: What are you left with, Rick Foster, when you look and think about your dear friend that has lost his wife, lost one of his daughters, to be reunited with two children that are psychologically so traumatized now?

FOSTER: What are my thoughts?

CASAREZ: What are you left with, yes.

FOSTER: I` just -- you know, I am so glad that prayers were answered and that they left him, you know, some children. But at the same time, I`m obviously upset about the loss of his wife with his oldest daughter.

CASAREZ: Rick, tell me about this family.

FOSTER: It was a great family. It was a very close family, a very loving family. The kids were always happy. We interacted with them in many activities, birthday parties, baseball games, baseball practice, softball practice, school.

Our kids went to school with their kids. You know, we went to dinner as couples. We went and saw the movie "Twilight" at the grand opening, midnight showing, a year-and-a-half or so ago. Just a very, very close- knit, loving family. And it`s a family that didn`t deserve this.

CASAREZ: This is a family that helped Adam Mayes, right, Rick Foster?

FOSTER: I`m sorry?

CASAREZ: This is a family that helped Adam Mayes. Didn`t your good friend, Gary, give him odd jobs and help him any way he could?

FOSTER: Yes. He would come up, and you know, work on cars, help do little details around the house, mow the lawn, anything that Gary needed assistance with. Yes. Absolutely. He befriended the family. He was very trusted. The kids adored him. They called him uncle. Gary took him in almost as a son.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The sheriff who first saw them said he told them it was going to be OK and gave them a big hug.

UNIDENTIFIED MALE: When I gazed around, I could see one of the children`s head on the ground. I believe officer Haney (ph) was the first to holler, Get your hands up. I began giving commands. The little girl picked her head up. The other little girl picked her head up after another command. Mr. Hayes (SIC) began to raise his head. I could see a weapon in his hand. I hollered "Gun" three times loud to let my team know that there was a weapon involved.

UNIDENTIFIED MALE: We can`t forget about JoAnn and Adrienne Mayes, (SIC) who did not deserve to die the way they did.

(END VIDEO CLIP)

CASAREZ: I`m Jean Casarez, in for Nancy Grace. A miracle has happened. Kyliyah Bain and Alexandria Bain have been found alive. They have been reunited with their father after horrendous, horrendous days in the woods, dehydrated, thirsty, longing for food, but they are alive.

I want to go out to Dave Mack, talk show host, WAAX radio. I want to go over again where these girls were finally found. Were there 31 law enforcement officers that actually surrounded the scene at that point?

MACK: That`s what it seems like. Jean, you know, this cabin behind the church where the police were first tipped off that it was -- you know, that tip was just, Hey, there`s a cabin that has power. You might want to go check it. Well, the police had already checked it before, but they were just leaving no stone unturned and so they went back.

And when they started walking back in there again, that`s when one of the officers actually saw Alexandria and saw her, and that`s when they knew. But the place had already been searched before, you know? It is off the beaten path behind the church, and it`s very rough out there. But still, they had already checked the cabin once before, but they just were not going to give up. They were checking it again, and that`s when this all happened.

CASAREZ: With us right now exclusively on Nancy Grace`s show is Josie Tate. She is Adam Mayes`s mother-in-law. She is the daughter of Teresa Mayes, the only person at this point charged with a double murder.

Ms. Tate, thank you so much for joining us again. I first want to ask you, why do you think he saved the lives of the girls? Because last night, you said that you thought -- and you were so concerned that he would shoot himself and he would shoot the girls. Why did he spare their lives?

JOSIE TATE, ADAM MAYES`S MOTHER-IN-LAW: I don`t know. I really honestly don`t know. We probably will never know the answer to that. I pray that somewhere in him, somewhere in that evil monster that he was, there was some compassion for those children. Thank God they were found alive.

CASAREZ: Ms. Tate, the one reality is that since Adam Mayes was a coward -- in one sense, he saved a lot of lives because he could have harmed so many people, but he was a coward when he took that gun to his own head. It is your daughter that virtually will be, it`s believed, the only one charged with a double homicide.

TATE: That`s correct. I`m very concerned and very worried now that my daughter may have to face the charges all -- you know, all on her own, you know, no -- no one else to share the guilt with her.

CASAREZ: She could have been a cooperating witness if Adam Mayes was alive, but he`s not. He`s gone. Have you spoken with her? What do you want to say to her?

TATE: I have not spoken with her at this time. I would -- I want to say that I love her and I`m there for her if she needs me. All she has to do is reach out to me and I`ll be there for her.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Rescued Kyliyah and Alexandria, the two missing girls from Tennessee.

UNIDENTIFIED MALE: Agents moved in to rescue Kyliyah and Alexandria, who were lying on the ground.

UNIDENTIFIED FEMALE: Alexandria and Kyliyah Bain are said to have been hungry, thirsty and dehydrated.

(END VIDEO CLIP)

CASAREZ: I`m Jean Casarez, in for Nancy Grace. We are taking your calls tonight. Two young girls are alive. Their lives were saved, while Adam Mayes shot himself in the head, but dropped right before them, behind that church in Mississippi.

I want to go out to Lori in Tennessee right now. Thank you for joining us, Lori. What`s your question?

UNIDENTIFIED FEMALE: What was the reasoning for him taking this family to start out with?

CASAREZ: You`re talking about motive, and that is a question that may never be answered. Let`s go out to Martin Savidge, CNN correspondent. Of course, motive does not have to be proven in court, but motive will be very, very important. Why is it believed that he took the girls and their mother to begin with?

SAVIDGE: Well, it appears, according to neighbors and according Teresa Mayes, the wife of Adam Mayes -- she says that he had an obsession, perhaps almost a sick obsession with these two young girls especially. And it seems that Kyliyah and Alexandria, to him -- neighbors said he thought they were his own children.

Well, the Bain family was in the process of getting ready to move to Arizona, and it is possible, some have speculated, that he just couldn`t tolerate the separation. He couldn`t stand being away from these two girls, so that`s what motivated him. That`s why he killed Mom. That`s why he killed the older daughter. That`s why he saves the lives -- preserved the lives of the two youngest.

CASAREZ: But you know, Lori in Tennessee, one of the things with the remaining daughter -- wife of Adam Mayes that is charged, her motive could be she believed that her husband was having an affair and that these girls could have been his. So that could create motive with her, motive that may have a lot of, in her mind, reality. So that could be a big concern for her case.

I want to go out to another very exclusive guest with us tonight, Brenda Foster. She is the best friend of JoAnn Bain, JoAnn Bain, who was strangled, we believe, to death in her garage right next to her home, with her daughter.

Brenda Foster, how did you find out that the girls were alive?

BRENDA FOSTER, FRIEND OF JOANN BAIN: Through a phone call.

CASAREZ: I understand you were at a game last night in a stadium, and they actually stopped the game and made an announcement that the two sisters had been found alive?

FOSTER: Yes, that is correct. They made an announcement here at the town of Bolivar at the local baseball game.

CASAREZ: What did the crowd -- what did the crowd do?

FOSTER: Everyone was excited and happy that they were found safe and alive.

CASAREZ: What has this community been going through to know there was a manhunt, to know that two young lives were in the balance?

FOSTER: Everyone has been afraid, and very afraid especially for these two girls. Everyone has come together as a community comes together and done everything they can.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

AARON FORD, SPECIAL AGENT, FBI INVESTIGATION CASE: The girls were hungry, thirsty, and dehydrated.

UNIDENTIFIED MALE: A lot of prayers were answered whenever we found these two young ladies to be safe. Unfortunately the suspect did take his own life. But, at the end of the day, two young ladies returned home to their father safely.

FORD: They appeared to be suffering from exposure, dehydration, and poison ivy.

(END VIDEO CLIP)

CASAREZ: I`m Jean Casarez in for Nancy Grace.

In an absolute miracle Kyliyah Bain and her sister were found alive, found alive in an absolute miracle after they lost their mother and their sister.

I want to go out to Martin Savidge, CNN correspondent, standing by live in Alpine, Mississippi.

Martin, where are the girls right now?

SAVIDGE: As far as we know they`ve been reunited with their family. Now, where the family has gone since then, we don`t know. There is a lot of healing that`s going to have to take place. And we are, of course, not talking about the physical kind, because they were released from the hospital I think just a few hours of a quick checkup.

But it`s going to be the healing part of so much that we cannot even begin to imagine that they`ve had to endure right up to the very end. Right up to the moment they were rescued. They had to watch at least one more tragedy and that was, of course, Adam Mayes taking his life directly in front of them and then falling to the ground frankly at their feet.

CASAREZ: It is unbelievable. It truly is.

Ellie Jostad, Nancy Grace producer joining us from New York. The girls were actually at two different hospitals.

Ellie, describe to us the hospital they were originally at then transported to yet another one?

ELLIE JOSTAD, NANCY GRACE PRODUCER: Right. Initially, they went to Baptist Memorial Hospital which is in New Albany, Mississippi, only about 17 miles or so away from Alpine, Mississippi, where they were located. Then they were taken to another hospital La Banar (ph) Hospital. It`s a children`s hospital, in Memphis. They were treated there. We believe they underwent a more thorough examination there at that hospital. As we heard earlier, they were dehydrated, treated for exposure, treated for poison ivy. Apparently they had a bad case of that as well, and then they were released to their father.

CASAREZ: Let`s go out to Dr. Marty Makary, M.D., joining us from Washington D.C., physician and professor of public health at Johns Hopkins University.

How do you think is the health of these young girls because poison ivy, dehydration, exhaustion, what about ticks out in the woods?

DOCTOR MARTY MAKARY, M.D., PHYSICIAN, PROFESSOR OF PUBLIC HEALTH, JOHN HOPKINS UNIVERSITY: I`m sure that`s a concern. You know, it`s a good thing that children are more resilient than adults in general when stress affects their body. A person can normally only live about a week or two without water, and the children were essentially on the cusp.

Now, the most important thing to get checked for is kidney failure because that dehydration affects blood flow to the kidney and that, of course, could be a permanent effect.

Now, I`m glad to hear they were released. But, I`m sure they`re on medications for poison ivy and they have to be sure to be on a strict diet to not eat too fast that can throw off electrolytes and be dangerous as well.

CASAREZ: And you know, we had heard that actually people were giving them food when they originally were taken in by law enforcement being transported to the hospital.

Let`s go to the callers, Allie in Arizona. Hi, Allie.

ALLIE, CALLER, ARIZONA: Hi, Jean. Thanks for taking my call.

CASAREZ: Of course.

ALLIE: You know, my question is who is going to handle these children as far as counseling goes? You know, my children suffered some things minute to this. I thought it was catastrophic, of course, and I had them in counseling for years and they`re 29, 30, and 31 and they feel scarred by that.

And, I mean, the media I understand is doing what they can but who is going to have these girls long term, that the mental issues that they have to be having? My kids have their mother. These poor girls don`t even have that.

CASAREZ: It`s a question that I`ve had and I wanted to answer.

Let`s go to. Brian Russell tonight who is a Ph.D., forensic psychologist.

Brian, many, many questions. But first of all, should they have gone home so soon? Is that good for them psychologically?

BRIAN RUSSELL, PH.D., FORENSIC PSYCHOLOGIST: Well, that depends on where home is. If they`re with their father and by all accounts their father is a good father and it`s a safe environment for them, then that`s probably a good place for them to be. Surrounding themselves with the sense of safety and social support is important.

But as the caller suggested, of course over time they`re also going to need excellent psychological care to deal with the things that are manifesting right now and also with things that are unpredictable that may come up, you know, weeks, months and years from now extending back to this.

They will probably have the obvious grief over the loss of their mother and sister, the obvious trauma from being kidnapped and even watching their kidnapper kill himself was a very traumatic event. But, they also may actually have, and this is sort of paradoxical, but they may have some survivor guilt about having been spared.

CASAREZ: Well, Brian Russell, let me ask you this question again knowing that they were abducted from their home. They were taken, we believe, to the garage next to the home where they witnessed and watched their mother and their sister be murdered.

Do you still agree that they should have gone home so soon?

RUSSELL: Well, I didn`t get the sense, Jean, that`s where they had gone with their father. If that is truly where they`ve gone, back to the crime scene, then I agree with you. I would have concerns about that. I would want to examine them and see how they felt about that. But it sounded to me like the father was with them but they had gone somewhere else, somewhere mutual and safe.

CASAREZ: All right. Let`s go to CW Jensen, a retired Portland police officer joining us tonight from Cave Creek, Arizona.

You know, there was a time span of hours, maybe five, six hours that the young girls were in the hospital, and I would think they would have been interviewed by law enforcement over the night, correct?

CW JENSEN, RETIRED PORTLAND POLICE COMMANDER: I think to some degree they were interviewed. As a detective in the past in traumatic cases like this, my biggest concern would have just been their safety and handing them off to the medical people. I would have been very concerned about possible physical or sexual abuse.

So the answers that I might want for the investigation really are secondary to my concern for the children and their health and getting them back to a secure environment. We can always talk with them later.

CASAREZ: OK. That`s interesting.

I want to go to a very, very special guest tonight, exclusively with us, Brenda Foster. She is the best friend of Jo Ann Bain, the mother in all of this, a very beloved mother.

Brenda, talk to us about this family, your friend Jo Ann. When was the last time you spoke with her before she was abducted and murdered?

FOSTER: I spoke to Jo Ann on Wednesday night before this happened.

CASAREZ: And what did she say? What did she tell you?

FOSTER: We were just talking normal talk. We went to the same college, and we were talking about our schoolwork, and it was just a normal conversation.

CASAREZ: So after raising a family, Jo Ann Bain was going back to school. What did she want to get her degree in, Brenda?

FOSTER: Elementary education.

CASAREZ: Wow. What did she ever say to you about Adam?

FOSTER: She never said a bad word about him. They looked at him as a family member. She introduced me to him as he was kind of like a son to them.

CASAREZ: There couldn`t be any truth, correct, what has been speculated on that Adam and Jo Ann Bain were close, very close?

FOSTER: Not -- not in any kind of intimate way, no.

CASAREZ: Did Adam live with the Bain at their home?

FOSTER: No.

CASAREZ: Never?

FOSTER: Not that I`m aware -- I know he visited quite a bit. And as far as I know he didn`t live with them.

CASAREZ: What about the baseball games? Did you see him at the stadium?

FOSTER: Yes, he was there quite often. He practiced with the kids and he watched their games.

CASAREZ: Did you ever think, Brenda, there was something not right, that there was something not to be trusted in Adam Mayes?

FOSTER: No, not really. Just because I trusted Jo Ann and I trusted her thoughts and all of that on him.

CASAREZ: Brenda, what is it going to be like for you to lose your best friend?

FOSTER: It`s very hard. We`ve been friends since kindergarten. 26 years. It`s very difficult.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: All three were laying face down on the ground trying to take cover.

DANIEL MCMULLEN, MISSISSIPPI SPECIAL AGENT IN CHARGE: The FBI task force rescued Kyliyah and Alexandria, the two missing girls from Tennessee. The girls were found alive and appear to be unharmed.

(END VIDEO CLIP)

CASAREZ: I`m Jean Casarez in for Nancy Grace.

Two sisters, Kyliyah Bain and Alexandria Bain, alive tonight through a miracle. Adam Mayes shooting himself in the head while the girls watched.

And with us tonight exclusively is Josie Tate, she is the mother of Teresa Mayes who was the wife of Adam. She is charged with two counts of homicide, double murder.

Josie Tate, you say you believe your daughter was coerced in all of this. But, the fact is, she has confessed that she was not only present but she even drove the car that held the bodies of Jo Ann and her daughter.

TATE: That`s correct. However, Teresa was scared of Adam. If she didn`t do just as Adam told her to do, she would suffer the results of Adam`s fist.

CASAREZ: Everybody --

TATE: Adam was a --

CASAREZ: Go ahead, Miss Tate.

TATE: Adam was a control freak, and it`s on record. There are police records of domestic violence against my daughter. Teresa was scared of Adam.

CASAREZ: Everybody, we want to show you we do have some exclusive video of the scene where they were found. Right there you are looking at where two young girls were on their stomachs, and that is part of the crime scene right there. There`s a red substance, and they witnessed Adam Mayes shooting himself, but they were saved.

I want to go out to the attorneys right now because we`ve got some legal angles. Kirby Clements, defense attorney joining us out of Atlanta, and Anne Bremner, defense attorney, joining us out of Seattle.

You heard what Josie Tate just said about her daughter. Her daughter has got a serious situation towards a double murder. Will it help at all if she says I was coerced in doing all of these, Kirby Clements?

KIRBY CLEMENTS, DEFENSE ATTORNEY: Well, coercion is might not be a defense to the crime of murder. It can be a defense to the crime of kidnapping. But I think her better defense is going to have to be to say that I was present when he killed them but I didn`t participate and that is the best thing she would have.

CASAREZ: Here is the problem, Anne Bremner, there isn`t anybody else. She can`t become the star witness for the prosecution for Adam Mayes who is the one they would want because he`s gone now. So she`s the one that they want and there has to be justice in this case.

ANNE BREMNER, DEFENSE ATTORNEY: Well, you`re exactly right, Jean, as always. And, you know, in a case like this, the only thing she`s going to be able to do is say, you know, I wasn`t complicit. You know, it has to be more than mere presence, of course, at the scene after homicide to be complicit. It`s presence plus readiness to assist. So, if she is just there and this thing happens, she may have some kind of defense.

But the fact of the matter is, she is driving the car with the body after the fact. That`s rendering criminal assistance, a class "c" felony, so, she has that at a minimum and they may have evidence to show her complicity in the actual homicide and she`s the last woman standing.

CASAREZ: But, Anne Bremner, let`s go to her state of mind. She thought that her husband was having an affair with Jo Ann Bain. She believed the delusion, too. She even left her husband because of that.

So, doesn`t that give -- don`t have to prove motive, I understand that, but doesn`t that give her an intent to be at that scene, to aid and assist and help in any way?

BREMNER: Well, sure, absolutely that can be used. This whole case is so bizarre. But if she is in a separate reality and has that kind of sense and reason to commit a homicide or a felony, then the answer is yes. And the fact is there are no other witnesses, there are no living witnesses to what happened here. And because she is the only one left, the prosecution, I think, is going really go after her and use that kind of evidence you just described.

CASAREZ: You know, Kirby Clements, there are living witnesses. There are eyewitnesses. These two young girls whose lives were saved, it`s believed they witnessed everything.

CLEMENTS: And that, first of all, is just horrible for those little girls. It`s just terrible. I can`t even imagine it. But, they are going to be the ones that give you insight into what happened when their mother and their sister were killed. And if they put Teresa actively involved, then she is going down. She is going down hard.

So, it`s horrible they have to relive it but it`s a terrible situation.

CASAREZ: Real hard, Kirby Clements.

Mary in Virginia, Hi, Mary.

MARY, CALLER, VIRGINIA: Hi, Jean. Great talking with you.

CASAREZ: Thank you for calling.

MARY: I think you are a great reporter, crime reporter.

CASAREZ: Thanks.

MARY: My question, I have to change because someone asked it before. But, I have two questions. Sisters out of the hospital. Do we know for a fact, they are with their father and do we know where they`re staying? And, number two, do we know for sure that they did actually witness the murder of their mother and sister? And, if not, have they been told?

CASAREZ: You know, Mary, we believe that they were all in the garage next to the home and, yes, that they witnessed that. That is what is believed at this point. Of course only they know right? And they now have been with law enforcement for the first time.

I want to go to Rick Foster who is a very close friend of Gary Bain, he is the father of these children. What do you know, Rick?

FOSTER: As far as -- I know they`re with their father. As far as are you referring to the crime itself?

CASAREZ: I`ll ask you that. Do you know if these girls witnessed everything in the garage? What did Gary tell you about waking up and not knowing where his family was?

RICK FOSTER: I can`t comment on that. I`m sorry.

CASAREZ: Do you believe that they witnessed their mother and their sister being murdered?

RICK FOSTER: If they weren`t still in the house, I would assume so.

CASAREZ: All right. And we know those children are with their father tonight, safe and secure.

To tonight`s CNN heroes.

(BEGIN VIDEOTAPE)

WANDA BUTTS, CHAMPIONING CHILDREN: Josh went to spend the night with friends. I had no clue that they were coming to bird lake. Right about here is where josh was where the raft capsized, and he went down. Very hard for me to believe that just like that my son had drowned and he was gone.

My father instilled in us the fear of water, and so I, in turn, didn`t take my son around water. Children don`t have to drown.

My name is Wanda Butts. I save lives by providing swimming lessons and water safety skills.

Jacob Kendrick.

African-American children are three times more likely to drown than white children. That`s why we started the Josh project to educate families about the importance of being water safe.

UNIDENTIFIED MALE: Take the ring. Throw it right at the victim.

BUTTS: Many parents, they don`t know how to swim.

UNIDENTIFIED FEMALE: He was afraid of the water. He`s the first of my family to learn how to swim. He`s come a long way from not liking water in his face, to getting dunked under.

BUTTS: You like it? All right. I`m so happy to see that so many of them have learned how to swim. Good job. That`s one life we saved. It takes me back to Josh and how the tragedy was turned into triumph and it makes me happy.

All right.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

FORD: We`re announcing the addition of Adam Christopher Mayes to the FBI`s ten most wanted fugitives list. By doing this, we have enlisting one of our most powerful weapons against crime. You, the public.

(END VIDEO CLIP)

CASAREZ: And we have also learned that these two young girls and Adam Mayes were found two miles from Adam Mayes` home. I want to go out to Dr. Marty Makary, physician, professor of public health at John Hopkin`s University.

What types of examinations were done to these young girls at the hospital?

MAKARY: Well, the most important thing is that they are checked for signs of end organ damage from the dehydration. You know, often when kids come in like this they`re dehydrated, malnourished and confused because their blood flow to the brain has been decreased. Sometimes they don`t know where they are, and sometimes they`re not even hungry. That`s how far away the kids can get.

CASAREZ: All right. I want to go back to Josie Tate. She is the mother of Teresa Mayes, charged with double murder.

Miss Tate, I want to know how you`re doing tonight because you didn`t cause any of this. And here you are at the center with your daughter potentially facing the death penalty.

TATE: I`m fighting for my daughter`s life. I am in the biggest fight now that I have ever been in. My daughter is just as much a victim of Adam Mayes as the Bain`s family.

CASAREZ: What do you want to say to your daughter?

TATE: Teresa, I love you. Hang in there, girl. Stay tough, because Mama`s here for you. You can get through this.

CASAREZ: All right.

Tonight, let us stop to remember marine first lieutenant Nicholas Madrazo, 25, from Bothell, Washington. Killed in Afghanistan. He was awarded the bronze star and the purple heart. Nicholas buried at Arlington National Cemetery.

He loved church and soccer, basketball and snowboarding. He leaves behind his parents, Joelle and Jennifer, grandparents Murray and Kathleen, brothers Jared and Ian.

Nicholas Madrazo, a true American hero.

Thank you so much to all of our guests and to you at home.

Congratulations to Dan. He is graduated from the University of Georgia where majors in finance and international affairs. Dan dreams of a career of consulting in Washington, D.C.

And also, happy birthday to one of the "Nancy Grace" stars, Jessica. Happy birthday.

See you, everybody, Monday night, 8:00 sharp Eastern. Until then, good night, everybody.

(COMMERCIAL BREAK)

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