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Nancy Grace
Buffalo Surgeon Suspected in Murder of Nurse
Aired June 15, 2012 - 20:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
NANCY GRACE, HOST: Breaking news tonight. Live to Buffalo. When we head to the hospital, the last thing we expect is the sound of gunshots from an automatic weapon ringing out in hospital halls. But that`s just what happened at a local hospital when a well-respected trauma surgeon unleashes a hail of bullets on his nurse.
Bombshell tonight. We investigate and discover the gorgeous young female victim was actually the trauma surgeon`s secret nursing student lover.
At this hour, the trauma surgeon covertly leaves his million-dollar home on the lake, alters his appearance and is on the run, in hiding, hiding with thousands of dollars in cash and armed to the hilt. He`s smart all right, but is this doctor smart enough to outsmart police?
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: He may be armed.
UNIDENTIFIED MALE: Helicopters circle, looking for the suspect.
UNIDENTIFIED MALE: Jackie Wisniewski was shot and killed.
UNIDENTIFIED MALE: Homicide.
UNIDENTIFIED MALE: And take the life of a young woman and mother.
UNIDENTIFIED MALE: He may be dangerous.
UNIDENTIFIED MALE: Nationwide manhunt.
UNIDENTIFIED MALE: Homicide.
UNIDENTIFIED FEMALE: A nationwide manhunt is now under way.
UNIDENTIFIED MALE: We continue to look for Dr. Timothy Jorden.
UNIDENTIFIED FEMALE: And considered armed and dangerous.
UNIDENTIFIED MALE: He`s a person of interest.
UNIDENTIFIED MALE: She was shot multiple times in a hallway.
UNIDENTIFIED MALE: Jorden was a Green Beret with weapons training in the Army.
UNIDENTIFIED FEMALE: Really scared.
UNIDENTIFIED MALE: A very devastating...
UNIDENTIFIED FEMALE: The hospital where they both worked.
UNIDENTIFIED MALE: If the public does come across or does see Mr. Jorden...
UNIDENTIFIED MALE: SWAT teams combed the area.
UNIDENTIFIED MALE: Immediately...
(END VIDEO CLIP)
GRACE: And tonight, a 4-month-old baby girl DOA, dead on arrival, at a local hospital. Cause of death, alcohol poisoning! That`s right, the tiny baby is drunk on vodka, vodka poured into her baby bottle. Tonight, Daddy says it was an accident. Well, Daddy, you can accidentally go straight to hell!
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: A deadly amount of vodka.
UNIDENTIFIED MALE: The baby consumed the vodka.
UNIDENTIFIED MALE: Georgia officials say a father gave his infant daughter, who was just months old, a deadly amount of vodka that he mixed with her baby formula.
UNIDENTIFIED MALE: He actually fed this baby the vodka.
UNIDENTIFIED MALE: The child`s blood alcohol reportedly through the roof, .11!
GRACE: That`s a lot of vodka!
UNIDENTIFIED MALE: There could be convulsions. There could be hypothermia.
UNIDENTIFIED MALE: Children at 4 months old are fed whatever it is that they consumer.
UNIDENTIFIED MALE: Mixing his infant daughter`s baby formula with vodka and then feeding it to her, causing her death. Now reports emerge the infant`s grandfather he claims it was all an accident.
UNIDENTIFIED MALE: Obviously, at that age, a child isn`t old enough to -- you know, to get up and go pick up a bottle herself.
UNIDENTIFIED MALE: The child, who was just months old, was taken to a nearby hospital, where she died as a result.
(END VIDEO CLIP)
GRACE: Good evening. I`m Nancy Grace. I want to thank you for being with us.
Bombshell tonight. Live, Buffalo. We investigate and discover a gorgeous young female victim, actually the trauma surgeon`s secret nursing student lover. And at this hour, that well-respected doctor, a trauma surgeon, covertly leaves his million-dollar home on the lake, alters his appearance and he`s on the run with thousands in cash, armed to the hilt. He`s Mensa. He`s extremely smart. But can he outsmart police?
Straight out to John Phillips, KABC. John, what can you tell me about this nursing student, his apparently secret lover?
JOHN PHILLIPS, 790 KABC: That`s right, this appears to be a case of Dr. Jekyll and Mr. Hyde, where everybody thought that this guy was a great guy, a nice guy, but behind closed doors was a boiling cauldron of jealous rage. And unfortunately for this woman, Jackie Wisniewski, she seemed to be the recipient of that rage.
She was a secretary at the hospital, the same hospital where he worked, and was seeing him. Apparently, he was cheating on her with up to as many as six different women. She found out about this and decided that it was time for her to leave. And that was something that this doctor, this Mensa man, as you described, just couldn`t handle, Nancy.
GRACE: Whoa! OK, wait a minute. That`s the last thing I want to think about, John Phillips, KABC, is a doctor hovering over me that, as you describe, was a boiling cauldron of jealous rage. I`ve never heard it put exactly like that. I don`t care if he`s Mensa-shmensa. In my mind, he`s a killer.
You don`t go to the hospital to expect gunshots ringing out in the hallways. I mean, I`ve taken my children to the hospital, both of them, to the emergency room, and I`ve got to worry about some nut like this?
You know, and I don`t care, John Phillips, how smart he is. He`s not going to outsmart police. He can`t be on the run forever. I don`t care how many thousands of dollars he checked out of the ATM. I don`t care if he`s armed to the hilt. He`s going to be brought to justice.
How did it all unfold, John Phillips?
PHILLIPS: Well, it all started in the morning on Wednesday, where she was showing up to work. And then all of a sudden, four gunshots later, she`s dead.
People around the hospital spot this doctor leaving the scene. They find her body, wasn`t able -- they weren`t able to revive her. They spend all their time at this hospital, this trauma center, reviving people from things like gunshot wounds. Unfortunately, they weren`t able to save the nurse because the doctor was on the run.
GRACE: Out to Steve Chicon, news director, WBEN. Steve, thank you for being with us. What more can you tell me? Did nobody suspect? And how in the devil could this guy juggle six other women plus the nursing student lover? How did that happen?
STEVE CHICON, WBEN RADIO (via telephone): Yes, you know, it`s an interesting -- and we`ve been hearing from more and more people who have different takes on this guy. I talked to a guy the day that this happened who had just been operated on by Dr. Jorden the day before, thought he was the greatest guy ever. A lot of patients seemed to say that, that he was a great guy, gave them -- you know, even gave them his cell phone number. He was such a sweet guy, he gave me a hug.
But obviously, there was a different side of his personality that seems to be more -- more apparent to folks who knew him a little bit better.
GRACE: Well, out to you, Dr. Janet Taylor, not only MD but psychiatrist. Dr. Taylor, that is not unusual for patients to think their doctor is the greatest.
DR. JANET TAYLOR, PSYCHIATRIST: Well, absolutely. And you want to think that your doctor is the greatest, but I think, underneath, you have no idea about the psychological makeup of your doctor. And in this case, unfortunately, he turned out to be someone who`d committed this heinous crime, reportedly.
GRACE: You know, I want to go back to the facts of the case. To Ellie Jostad, our chief editorial producer. Ellie, I`m still trying to get at how did it play out? How long had they been, let me put it euphemistically, dating, although he was sleeping with six other women on the side -- I guess everybody wants to marry a doctor. That was not in the cards. He`d already had one divorce. Boy, I`d like to see those divorce papers.
But he`s juggling all these women, yet he is jealous of this nursing student? Explain. Help me out there. I`m not quite getting that.
ELLIE JOSTAD, NANCY GRACE PRODUCER: Right. Well, according to one of Jackie Wisniewski`s close friends, she said they`d been dating from at least 2009. It was a turbulent, on-again, off-again relationship.
Finally, at the start of this year, Jackie had had enough. She decided to move out of the home that they shared and the relationship. Now, the friend said that`s when things really got scary. She says that Jackie found a GPS device on his (SIC) car. He threatened her, threatened to kill her. And she believes that it was because he couldn`t have her that he allegedly decided to attack her on Wednesday morning.
GRACE: Right now, this Mensa trauma surgeon is on the run. He covertly leaves his million-dollar home on Lake Erie and is on the run. We know he took out at least $30,000 in cash. We know he`s got a weapon. He has the weapon, we believe, that he shot down, gunned down the nursing student lover right there in the hospital.
Can you imagine going into the hospital with your children and hearing gunshots ringing out in the halls? That`s just what happened at this local hospital.
But this guy has been on the run now for some time, eluding police.
Leonard Padilla, bounty hunter joining us out of Sacramento. Long time no see, friend. Padilla, how is he doing it? How is he managing...
LEONARD PADILLA, BOUNTY HUNTER: Yes, been a while.
GRACE: How is he managing to elude police?
PADILLA: Well, at first, until the law enforcement, FBI, the Marshals, the border patrols all get on the same page, he`ll be able to make some moves. The first 24 hours is his advantage. From there on, I guarantee you that by a week from today, he`ll be in custody or they`ll find him dead, one of the two. And you know...
GRACE: But how is...
PADILLA: ... this situation...
GRACE: ... he doing it...
PADILLA: ... reminds of...
GRACE: ... Padilla? How is he doing it? How do you outsmart police? There`s a nationwide manhunt out on this guy!
PADILLA: He`s not outsmarting them, he just got a 24-hour jump on them. That`s all. And like I say, that`ll run out. The 24 hours starts running out. Right now, he`s probably only a half a day ahead of them. By next Friday, he`ll -- like I tell you, he`ll be in custody.
But let me add something to this. This reminds me of a friend of mine who has a girlfriend, and she`s got about five guys she`s hanging with. And she is so domineering over five of these guys that she just cannot allow one of them to get out of line.
And that`s what happened. This one young lady gets out of line, and this guy just goes ballistic. It`s a psychopathic tendency that these people just cannot have somebody that they`re supposed to be controlling out of control, and the next they do is they kill them. It happens all the time.
GRACE: Unleash the lawyers, Kelly Saindon, former prosecutor, Chicago, Randy Kessler, defense attorney, Renee Rockwell, defense attorney, Atlanta.
All right, Renee, we know that he is a shooter. We already know that. In fact, I think we`re going to get hospital video. I think that`s going to happen.
RENEE ROCKWELL, DEFENSE ATTORNEY: Are there no witnesses, Nancy?
GRACE: And I`m going out to Renee Rockwell. Well, yes, there are bound to be witnesses at the hospital. But that`s not my question. I already know he`s a shooter. What, as a defense attorney, do you advise him now?
ROCKWELL: OK. Well, Nancy, first of all, if he is anywhere with a gun, he`s probably going to come in contact with the police. He does not need to add to his troubles by encountering the police and possibly getting another charge. But if he`s somewhere in a state going to be prosecuting...
GRACE: Is that what you call it now, Renee, "encountering police"? You mean a shootout?
ROCKWELL: Well, Nancy, this guy could possibly be suicidal. He`s taken one girl out. I don`t know that he`s going to turn himself in and end this happily. I would see him encountering the police. And if he doesn`t get killed, he`s going to be facing the death penalty if somebody else gets killed in his takedown. So my advice to him is to turn himself in and not say anything to anybody. I haven`t seen a video yet, Nancy.
GRACE: Well, Renee, I appreciate the fact that the police have not forwarded the surveillance video to you at your defense office. But I`m not too worried about that right now.
Out to you, Saindon. Weigh in.
KELLY SAINDON, FORMER PROSECUTOR: Hey, absolutely, they -- if you are his defense attorney -- because I represent some of these guys -- you tell them, Don`t talk to anyone, turn yourself in, and when you`re apprehended, if you`re not intending to get shot and killed...
GRACE: But you know, excuse me...
SAINDON: ... don`t have a weapon.
GRACE: ... Kelly. I know that you`ve encountered some of these guys before. But no offense to all of your doper criminal clients.
SAINDON: OK.
GRACE: This guy is Mensa, all right? That sets him apart from your usual thug you see in the county courthouse. So have you ever had a Mensa killer?
SAINDON: You know, no. You`re right, it does set him apart. But there`s -- often, just because someone is extremely intelligent, it doesn`t mean they can control their emotions. And the reality of the situation is he shouldn`t talk to anyone if he`s intending to go through trial. And realistically, he wouldn`t be somebody I`d want to defend because...
GRACE: You know, you just raised a really good point, Kelly. Randy Kessler, what about it? In your practice -- yes, this guy is super-smart. He`s eluding cops right now. He is Mensa, a trauma surgeon. But I don`t understand how even with all that, all those smarts, he`s eluding cops at this hour, Randy.
RANDY KESSLER, DEFENSE ATTORNEY: Well, that could be his own -- he could be his own worst enemy. If he thinks he`s so smart, he`s not going to seek help. He`s not going to seek a lawyer`s help. And that`s what he needs to do. He needs to talk to a lawyer about what will happen when he`s caught.
You know, what are the police going to find? Are they going to talk to his ex-wife and find out his MO or what he`s done in the past? He`s got to talk to somebody who`s been through this before.
As smart as he is -- hopefully, this is the first time he`s done anything like this, and he needs help. He needs to know what his rights are.
GRACE: OK, Kessler, please! He didn`t just suddenly commit murder. There`s got to be a history of some sort of -- I`d love to see those divorce papers.
But right now, this is what I know. This trauma surgeon, this wealthy Mensa doctor, well-respected, on the run after unleashing a hail of bullets in the hospital.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: We continue to look for Dr. Timothy Jorden. He`s a person of interest.
UNIDENTIFIED MALE: A 33-year-old woman was shot multiple times.
UNIDENTIFIED MALE: Jackie Wisniewski was shot and killed.
UNIDENTIFIED MALE: We continue to look for Dr. Timothy Jorden. He`s a person of interest, homicide (INAUDIBLE) DCMC (ph) of 33-year-old Jacqueline (ph) Wisniewski. Right now, we`re working with our state, local, federal partners to locate Mr. Jorden. We conducted a search warrant at his home and he was not there. Some other items were taken as evidence.
(BEGIN VIDEO CLIP)
GRACE: We are taking your calls. Straight out to Amanda in Tennessee. Hi, Amanda. What`s your question?
UNIDENTIFIED FEMALE: Hi. My question is, have they captured the surgeon yet? And what was his ulterior motive of shooting her?
GRACE: You know, luckily, Amanda, the state does not have to prove motive when someone is taken to trial. But let`s talk about motive.
Back to the lawyers, Kelly Saindon, Randy Kessler, Renee Rockwell. What about it, Randy?
KESSLER: Well, you know, you don`t have to prove motive, but it always helps. If the jury`s going to wonder, this guy had no reason to do this whatsoever, then they`re going to want to find him not guilty.
So obviously, there`s motive. The motive is that she was not interested in, you know, being with him. They had this disagreement about their relationship. Motive`s going to be relevant, but agree with you, Nancy, they don`t have to prove it just to get a murder conviction.
GRACE: Renee Rockwell, I think the motive is very apparent. According to Ellie Jostad and other reports, our investigation shows she had just moved out on him after she discovers he`s got six other girlfriends.
ROCKWELL: Well, Nancy, it is important, I think, if he was sent over the edge for something that may not send you over the edge, but he`s lost this woman. So if he`s just totally enraged, as opposed to something that`s absolutely premeditated, it could make a difference in the degree of murder or manslaughter that they`re seeking against him.
GRACE: Fine. How are you seeing anything other than a murder one? Because he comes to a hospital armed with an automatic weapon. He lures her into a stairwell, where he unleashes a hail of bullets on her. He`s already checked out $30,000, that we know of, cash, and goes on the run, eluding police. Now, how is that not premeditated?
ROCKWELL: And it doesn`t look good, Nancy, if that is all true. Another thing that I might add, the very act of running in many states is evidence of a guilty conscience. That, too, could be used against him.
GRACE: Evidence of flight, Kelly Saindon, can be viewed as evidence of guilt.
SAINDON: Absolutely. And that`s what -- if you didn`t do it, where are you? If he`s not the shooter, where did he go? And to suggest that this is manslaughter -- this wasn`t a fight in their house, where he grabbed the closest thing, threw it at her and she died. This was -- you`re right, it`s murder one. It was premeditated. He went there, he tricked her out in the hallway, he shot her. He already planned his escape.
So this guy does think that he`s going to get away with it for at least while. And because he has a jump on police, we don`t even know if he`s still in the country. Let`s hope that he is and he is caught in the next week, like your bounty hunter said. But this guy is really so far planning this all out.
GRACE: Dr. Timothy Jorden, trauma surgeon who allegedly shoots down his girlfriend in the hospital, remains at large despite a massive police effort to seek him.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: In the air, a sheriff`s office helicopter circled, looking for the suspect.
UNIDENTIFIED MALE: Jorden was a Green Beret with weapons training in the Army.
(END VIDEO CLIP)
GRACE: Within moments of the shooting, security showed up and swarmed the 65-acre medical facility, which has already been -- always been considered extremely safe. This is the first incident of this type, of this nature, at that location.
Everybody, we are taking your calls. At this hour, a trauma surgeon at large after allegedly gunning down his secret lover, a nurse there in the hospital.
Out to Marc Harrold, former officer, also attorney and author. Marc Harrold, what do we need to do to get this guy? And what`s the likelihood he`s crossed the Canadian border by now? Now he`s their problem.
MARC HARROLD, FMR. OFFICER, ATLANTA PD: Well, it`s obvious he planned this, so maybe he was heading to the border.
You got to remember, it`s not just time that he has. He`s a Green Beret. You can`t just do this like a missing person search, where you just send out any volunteer you have. You`ve got to get officers out there who could, if they encounter him, deal with the situation.
You can`t just take every deputy you have and send them out in the wood looking for this guy. The people that are looking for him has to be able to do something if they find him.
He`s a Green Beret with an automatic weapon. So that`s one of the reasons this is a tough search. It`s not just a deal with you just cut loose, everybody go look for this guy. You have got to be very systematic and make sure those people can defend themselves if they encounter him.
GRACE: To John Phillips, KABC. John Phillips, what more can you tell me about the doctor`s background along the lines of him being a Green Beret? And how will that assist him in eluding police?
PHILLIPS: Well, that`s right. And he is trained to live off the grid. I know when I get on an airplane and there`s not WiFi, I shrivel up into the fetal position and I can`t deal with it.
This guy is trained to deal with traumatic situations. He`s a doctor. If he`s out in the woods somewhere, something bad happens to him medically, this is a guy that can fix it. He`s got $30,000 in cash. He`s able to move around.
And you know, this is a guy, Nancy Grace, as you mentioned, who is a smart guy. This is a guy who can operate in very difficult circumstances.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: He may be armed.
UNIDENTIFIED MALE: Helicopters circle, looking for the suspect.
UNIDENTIFIED MALE: Jackie Wisniewski was shot and killed.
UNIDENTIFIED MALE: Homicide.
UNIDENTIFIED MALE: To take the life of a young woman and mother.
UNIDENTIFIED MALE: He may be dangerous.
UNIDENTIFIED MALE: Nationwide manhunt.
UNIDENTIFIED MALE: Homicide.
UNIDENTIFIED FEMALE: A nationwide manhunt is now under way.
UNIDENTIFIED MALE: We continue to look for Dr. Timothy Jorden.
UNIDENTIFIED FEMALE: And considered armed and dangerous.
UNIDENTIFIED MALE: He`s a person of interest.
UNIDENTIFIED MALE: She was shot multiple times in a hallway.
UNIDENTIFIED MALE: Jorden was a Green Beret with weapons training in the Army.
UNIDENTIFIED MALE: Friendliest guy you can imagine.
UNIDENTIFIED MALE: Homicide.
UNIDENTIFIED FEMALE: Screamed, Everybody get out the building now.
UNIDENTIFIED MALE: Homicide.
UNIDENTIFIED FEMALE: Suspected of killing his...
(END VIDEO CLIP)
GRACE: I am just hearing reports that the doctor has been found steel in his scrubs. Reports the doctor or his body has been found steel wearing his ER scrubs. He is extremely intelligent. Former special last green bee ray. He is now accused of gunning down his secret lover, a nurse there in the hospital, a nursing student after luring her into the stairwell.
How do we know that? Because cell phone records are matching up between himself, the doctor and this nurse. And mom. Now dead. What do we learn from the cell phone records?
Out to you Natisha Lance, our producer on the story also. What do we know about his cell phone records just before he unleashed a hail of bullets on this young woman in the stairwell of a public hospital?
NATISHA LANCE, NANCY GRACE PRODUCER: Well Nancy, we know that he was inside that hospital. There were also 400 patients there, 1,000 staffers that who were there that day. But also, one of the angles that police was looking at is a friend of the doctor who was seen leaving his home the day of the shooting, so is it a possibility that he could have been getting help with this. This friend of his was seen taking $5,000 in cash away from the home as well as a Rolex. And attorney for the friend says that he didn`t know anything about the shooting, but it`s something that police are looking into.
GRACE: You know. Everyone, take a look at Jackie Wisniewski, a beautiful young nursing student working there at the hospital, a mom, now dead. Already we`re hearing defense rumblings that this was a voluntary manslaughter out of jealous rage. The trauma doctor accused in her deadly shooting was juggling six women that we know of at the time he guns her down.
Let`s take a look at the map. Where is Dr. Timothy Jorden? He`s 6`2", about 175 pounds. The kicker is he`s changed, he`d altered his appearance. What do we know Ellie Jostad about this doctor, this former green bee ray altering his appearance.
ELLIE JOSTAD, NANCY GRACE PRODUCER: Right, Nancy. Well, he had weighed about 250 pounds until just recently. Friends and colleagues of his say he had this dramatic weight loss, started body building, some people even thought he was sick or maybe even dying, that`s how drastically he looked after losing all this week. He had always been clean shaven, clean head, and he suddenly grown this scrappy beard. So doctor - cops, rather, think he may have been intentionally been trying to change his appearance to avoid capture.
GRACE: Joining me right now, out of Philadelphia, Dr. Bill Manion , medical examiner.
Dr. Manion, thank you for being with us. What is she endure? We know she took multiple gunshot wounds, point blank rage shooting.
DOCTOR BILL MANION, M.D., MEDICAL EXAMINER, FORENSIC PATHOLOGIST (via telephone): Well, hopefully she died quickly, if she had suffered any head shots or, you know, a shot to the heart, they usually die very, very quickly, and a head shot, usually vent yourself unconscious so that she wouldn`t suffer. But it certainly, it does done pre-meditated, could be able to is she was shot again and again and again to make certain shot like he was determined to make sure she was dead.
GRACE: Dr. John Phillips, KABC.
John Philips, we know that he altered his appearance drastically. But we also learned, he had a stable of cars. I mean, he was a millionaire. We know that one of his five cars is not accounted for. What do you make of it, John Phillips?
JOHN PHILLIPS, HOST, 790N KABC: That`s right, and he has all the cash with him. So, if he has a car, has cash, let`s not also forget, he worked in a hospital, he has access to drugs, he has access to pharmaceuticals. He has access to things that he can use to trade if he needs a favor, if he needs somebody who is tug to help him out. He has plenty of things that he could use to get his way.
GRACE: We also know Ellie Jostad that she`s a mom. What do we know about her children?
JOSTAD: Right, Nancy. She has a 4-year-old son who actually just graduated from prekindergarten yesterday. She was planning a big celebration for him, you know, with a bouncy house and all that kind of stuff. She`s from that area, buffalo area, she apparently was dreaming of becoming a nurse, was working in this hospital in the adolescent psychiatric unit. A very respected administrator assistant there and this is just devastated in those who knew her and loved her because they say, there were warning signs, Nancy.
GRACE: In my mind, this is a prepped case for a death penalty sentence.
Renee Rockwell, Randy Kessler, Kelly Sandon, joining us. What about it, Kessler?
RANDY KESSLER, DEFENSE ATTORNEY: There could be a mental health defense here, the fact is he went back to the home, he`s also lost 75 pounds, maybe he had some sort of health issue that was affecting his brain. But the bottom line is --
GRACE: He`s sleeping with six women, what health issue would that be?
KESSLER: That could be perfect proof of a mental health issue. You know, messing does not mean your mental health is --
GRACE: OK. You know what, I appreciate the yakking it up and your guy jokes. That`s not evidence of mental instability the fact that he`s sleeping with six different women?
KESSLER: Isn`t that unstable?
GRACE: I don`t think that being a devious cheater equals legal insanity under the law, Kessler. You know what, I`m going to move on.
Kelly Sandon, weight in.
KELLY SANDON, FORMER PROSECUTION: Well, you know, he does have a defense in the idea that he has changed his appearance, if he`s a clean cut doctor now and now he has a straggly beard. So, prosecution is going to argue that this is pre-meditated and it is a disguise that he was intending to go on the lamb. Defense is going to say that this is a guy who lost his marbles, he was unstable, he was making bad life decisions. And so, even with his planning ahead, that he wasn`t actually capable of intending what he did. I don`t think that argue is --
(CROSSTALK)
GRACE: You just totally redeemed yourself with that last sentence, because Rockwell, she`s right, I don`t care how you and Kessler, you`re in Alice in wonderland where everything`s upside down.
He`s not crazy, he made a flurry of phone calls to lure her into the stairwell. He`s eluding police successfully. He`s on the run right now as we`re all sitting here talking about him. He`s probably watching me laughing into his fist.
RENEE ROCKWELL, DEFENSE ATTORNEY: And Nancy, if he`s smart, he`s not going to Canada, he`s going to Mexico. Because if this is a death penalty case, he can sit in Mexico and Mexico will not return him until the prosecution --
GRACE: Do you really think Canada has the death penalty?
ROCKWELL: But Mexico will hold him in a Mexican jail and not let him come back until the death penalty is off the table.
GRACE: Yes, I got one little problem with the death penalty, it`s New York. And they don`t care if you gun down an entire group sitting at McDonald`s having coffee. They don`t care if you break into the pre-k program and shoot everybody, you`re not getting the death penalty in New York.
But on the radar checking time in justice, Minnesota, mom of four allegedly leaving her children in a sweltering car so she could go into the air conditioning to try on swimsuits.
Michigan, devoted mom of six vanishes even missing her daughter`s graduation.
Arizona, 24-year-old woman behind bars after police say she stabs her husband after a fight over a cosmopolitan magazine quiz.
For "on the radar" or to have your story on our radar, go to hlnTV.com/ontheradar.
(COMMERCIAL BREAK)
(BEGIN VIDEOTAPE)
UNIDENTIFIED FEMALE: A deadly amount of vodka.
UNIDENTIFIED MALE: The baby consumed the vodka.
UNIDENTIFIED FEMALE: Georgia officials say a father gave his infant daughter who was just months old a deadly amount of vodka that he mixed with the baby formula.
UNIDENTIFIED MALE: He actually fed his baby with vodka.
UNIDENTIFIED FEMALE: The child`s blood alcohol reportedly through the roof, 0.11.
UNIDENTIFIED FEMALE: That`s a lot of vodka.
UNIDENTIFIED MALE: There could be convulsions, there could be hypothermia.
(END VIDEOTAPE)
GRACE: Deadly weapons, vodka. Victim, an infant.
The baby arrives at the hospital drunk, poisoned to death with vodka. Why? We believe because daddy mixes her formula with vodka. The family is now saying it was all an accident. I say daddy you can accidentally go straight to hell, stopping by the electric chair en route.
We are taking you call. Dave Mac, joining me, clear channel WAAX. What happened, Dave?
DAVE MAC, CLEAR CHANNEL WAAX: You know, Nancy. A 4-month-old will drink anything you put in their bottle and this guy mixed vodka with her formula. It`s so sick. All I can think is he probably -- the baby was probably crying, he was probably trying to make her sleep, or, you know, they give her the old teething route, back in the day when grandma would dip your teething thing into a little bit of whiskey, you know. none of that makes any sense so, because do you realized how much alcohol that`s baby had to drink to have a 0.11 blood alcohol content, a bunch.
GRACE: You know what, Dave Mac, clear channel WAAX, you are absolutely right.
Joining me right now I`m hearing in my ear a special guest, the district attorney DeKalb County, the elected D.A. Robert James is with us.
Robert, thank you for being with us. I`m just sick about this, and to hear the family is now saying it was an accident? You know what, Robert? When I make bottles, there`s no accident, I put organic apples, organic prune, organic milk, steamed and a little bit of carnation vanilla instant breakfast just to cap it off.
And it`s got to be served a certain way. Don`t tell me Robert James, that it was an accident. That`s the best they`ve got, Robert?
ROBERT JAMES, DISTRICT ATTORNEY, DEKALB COUNTY (via telephone): Well, that`s what apparently that`s what we`re hearing at this point. I have heard it through the media. The reality is that this was a terrible, terrible incident and because vodka was put in this child`s bottle, a 4- month-old, the child is now dead, no longer with us. And we are at point where we just presumed justice for this infant (INAUDIBLE).
GRACE: You know what I like about your charge. I have got right here in my hand, CR3719. Is that you, charged with felony murder, a lot of people would have discharged with this voluntary manslaughter because, you know Robert, you tried a lot of cases, for some reason with children on the victims, somehow, they get plead down voluntary or involuntary manslaughter.
You`re charged with felony murder and cruelty to children second- degree. Felony murder is simply during a felony a death occurs and you can get the same sentence at trial as malice murder. What`s your underlying felony, I`m interested, Robert James?
JAMES: It`s cruelty to children in the second-degree, as you`re aware Nancy. There was a change to the law that allows us to charge an individual if they engage in an act that is, you know, criminally negligent as opposed to an act that was purposeful. I mean, obviously, you know, we have our belief about how this happened, but the way we charge it covers it being done on --
GRACE: Hey, Robert. How did the dad behave when the little girl was pronounced dead?
JAMES: Well, you know, at this point, you know, we are trying not to get too deep into the facts at this point.
GRACE: I understand. I have one more question for you, Robert James, he district attorney, DeKalb County. Can I volunteer for jury duty?
Everybody, we`ll be right back with Robert James and to the story of the vodka baby now dead, vodka poured straight into her formula.
But right now, CNN heroes.
(BEGIN VIDEOTAPE)
LEO MCCARTHY, COMMUNITY CRUSADER: October 27, 2007 was a beautiful autumn day, Mariah, she was with her two friends. I didn`t know the last time I kissed her would have been the last time. Later that night, they were walking down this path when an under aged drunk driver swerved off the road and hit them.
Mariah landed here, she died that night. They`re only a block away from my house. Mariah was only 14 and I`m thinking, how did this happen? It is so preventable.
My name is Leo McCarthy. I give kids tools to stay away from drinking.
Our state has been notoriously top five in drinking and driving fatalities in the country. The drinking culture, it`s a cyclical disease that we allow to continue.
Mariah`s challenges feed the first generation of few kids to not drink.
In the eulogy, I said if you stick with me for four years, don`t use alcohol, don`t use illicit drugs, I`ll be there for the bunch out of people to give you money to go to a post secondary school.
UNIDENTIFIED FEMALE: I promised not to drink until I`m 21.
UNIDENTIFIED FEMALE: I promise not to get in a car when someone`s been drinking.
UNIDENTIFIED MALE: I promised to get back to my community.
MCCARTHY: I think Mariah has challenged is something that makes people think a little bit on to say we can be better.
Mariah is forever 14. I can`t get her back, but I can help other parents keep their children safe. If we save one child, we save a generation.
(END VIDEOTAPE)
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UNIDENTIFIED FEMALE: Georgia officials say a father gave his infant daughter who was just months old a deadly amount of vodka that he mixed with her baby formula.
(END VIDEO CLIP)
GRACE: Unleash the lawyers in addition to district attorney Robert James.
Kelly Sandon, Renee Rockwell, Randy Kessler.
OK, Renee, give me your best shot.
ROCKWELL: Nancy, I would want to know first did it come out of a vodka bottle or is it sitting in a glass looking very much like water? It would be different if it was scotch or bourbon but vodka and gin are clear. That`s what I want to know. is there a bottle that deliver the vodka or was it sitting in a glass to where it wouldn`t be his fault at all and an accident.
GRACE: You know Renee, you truly missed your calling. I say you should be a fiction novelist.
OK. Kessler?
KESSLER: You know, there`s a lot of room for error. The prosecution has a very sympathetic case but they have to prove their case. You know, John Edwards` defense was very sympathetic, John Edwards was vindicated. O.J. Simpson --
GRACE: I hardly think diverting campaign funds to hide your love child equals feeding a baby vodka until it dies, Kelly.
KESSLER: There`s always room for a plea.
GRACE: Kelly, that doesn`t sound like you.
SONDAN: I agree with you. I agree with you. I mean, this guy is not getting out of it. It`s ridiculous. There`s no sympathy. There`s no room for error. It`s a 4-month-old.
GRACE: Matt Zarrell, what happens now?
MATT ZARRELL, NANCY GRACE PRODUCER (via telephone): OK. One question I have is where is the mother? Because the mother, I think, could maybe shed light on exactly what`s going on. Nancy, we`re still trying to learn more about the situation.
GRACE: Everyone, I want to remind you about Wesley Glen providing a loving home for the handicapped. They live happily lives there and are desperately trying to raise funds to help residents that can no longer afford to stay. In honor of your father on father`s day, please help. Wesleyglenministries.com and click on capital campaign button.
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(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Authorities say Keith Furlow faces up to life in prison after mixing his daughter`s baby formula with vodka and feeding it to her causing her death.
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GRACE: Out to the lines. Deborah in Georgia. Hi Deborah, what`s your question?
DEBORAH, CALLER, GEORGIA: Has the father received any kind of treatment or intervention?
GRACE: Not to my understanding. Treatment for what, Deborah?
DEBORAH: For his drug addiction. Because that`s a clear sign of someone having an addiction.
GRACE: What do we know about that, Matt Zarrell? Does he have a drug problem?
ZARRELL: I haven`t seen any reports of any drug problem, Nancy. But, I do know he`s in a bit of trouble here. He does face the death penalty for this. This is felony murder.
GRACE: You`re absolutely right, Matt.
Everyone, let`s stop to honor an American hero. Army paratrooper Josh Wetzel, 26, Glendale Alabama, wounded Afghanistan, both legs amputated now being treated at Walter Reed. Wife, Paige, mother, Kathy, by his side every day.
(VIDEO CLIP PLAYING) GRACE: Tonight, our prayers continue for Josh and Paige and you can find him on facebook.
Thanks to our guests, especially to you for being with us.
Happy birthday to New York friend, Donald. Donald loves reading, boating on the Hudsons, "Real Housewives." He has devoted his life to teaching children. Happy birthday, Donald.
Happy birthday to our friend, Kaitlyn, from ABC`s GMA. Street name, Mousey. Kaitlyn, you`re beautiful on the outside and the inside.
And tonight happy father`s day to all of you fathers. And to a special father, Mac Grace. He worked over 30 years on the railroad, put me through college of law school, taught me how to dance and put braces on my teeth.
A special good night from the New York control room. Let`s see who`s in the seat tonight. Hey, you, Charles. Liz, get to work, Liz. Rosie, Dana.
Everyone, JVM coming up next. I`ll see you on Monday night at 8:00 Eastern.
And until then, good night friend.
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