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George Zimmerman Bond Hearing Turns Mini-Trial; Zimmerman Hijacked by Defense?; Tom and Kate Divorcing; Protesting for the Geese

Aired June 29, 2012 - 19:00   ET


JANE VELEZ-MITCHELL, HOST: Tonight, we are bringing you all the big moments from George Zimmerman`s huge day in court. Did his lawyer put on a mini- trial? And what`s the judge going to decide? Will Zimmerman walk out of jail or stay locked up? And if he does get out, how much is it going to cost him?


VELEZ-MITCHELL (voice-over): Tonight, a bond hearing like nothing you`ve ever seen before. Fireworks as George Zimmerman goes back to court, fighting for a second chance to be freed on bond.

As witnesses take the stand, including Zimmerman`s own father, are we seeing a preview of the actual murder trial for the former Neighborhood Watch volunteer accused of gunning down Trayvon Martin? Did Zimmerman`s lawyers hijack this hearing? And was it enough to free Zimmerman for the second time?

And a Hollywood bombshell. One of the most famous couples in Hollywood, megastar Tom Cruise and his "Dawson`s Creek" wife, actress Katie Holmes, officially call it quits after just five years of marriage. Why did Katie file for divorce? And was Tom caught off-guard?

UNIDENTIFIED MALE: What happened on April 20? And why did that happen?

UNIDENTIFIED MALE: Trayvon Martin! Trayvon Martin!

UNIDENTIFIED MALE: Trayvon Martin! Trayvon Martin!

UNIDENTIFIED MALE: Trayvon Martin! Trayvon Martin!

UNIDENTIFIED MALE: He said, "Yo, you got a problem?"

I turned around and said, "No, I don`t have a problem."

SYBRINA FULTON, MOTHER OF TRAYVON: This is not a black and white thing. This is about a right and wrong thing.

UNIDENTIFIED MALE: And they used code. They used other words other than $9,000 to make sure that whoever was listening wasn`t aware of what was going on.

GEORGE ZIMMERMAN, ON TRIAL FOR MURDER: If the bond is 50, pay the 50. If it`s more than 50, just pay 10 percent to the bondsman.

UNIDENTIFIED MALE: There was a transfer of -- into the account of George Zimmerman of $5,580 and also that day $9,900, $9,900, $9,900, $9,900, $9,900, $9,900, $9,900.

MARK O`MARA, ATTORNEY FOR GEORGE ZIMMERMAN: It`s not a grand conspiracy that the state seems to suggest.


UNIDENTIFIED MALE: He had lacerations on the back of his head.

UNIDENTIFIED MALE: So his head was banged into something harder than his head.

UNIDENTIFIED MALE: No justice, no peace! No justice, no peace!

UNIDENTIFIED MALE: No justice, no peace! No justice, no peace!

UNIDENTIFIED MALE: No justice, no peace! No justice, no peace!

VELEZ-MITCHELL: Tonight, George Zimmerman`s bond hearing gets hijacked by the defense and turns into a mini-trial. Was this a brilliant ploy to sway the jury pool? Or did it backfire?

Take a look at George Zimmerman in court today, charged with second-degree murder in the shooting death of unarmed teen Trayvon Martin. His hair`s grown out, and George was allowed to appear without shackles and wearing a sharp gray suit. Clearly, the defense is aware that the world is watching.

In the courtroom itself the tension was palpable. The dead teen, Trayvon Martin`s family, seemed visibly upset as the defense played a 911 call filled with background screams the defense claims are from George.


UNIDENTIFIED FEMALE: You hear gunshots?







VELEZ-MITCHELL: Hold on a second. I thought this hearing was supposed to be about how George Zimmerman and his wife lied when they claimed they were broke at the last bond hearing?

But Zimmerman`s attorney, Mark O`Mara, turned this into a showcase of Zimmerman`s injuries and brought in a slew of new defense witnesses, including a surprise appearance by George Zimmerman`s own father, the first time we`ve seen this man. Robert Zimmerman insisted the crucial screams on that 911 call were from his son.

And there were fireworks as he was cross-examined by the prosecutor. Take a look.


UNIDENTIFIED MALE: Were you able to identify whose voice it was screaming for help?


UNIDENTIFIED MALE: And whose was it?

R. ZIMMERMAN: It was absolutely George`s.

UNIDENTIFIED MALE: Your son claims that Trayvon Martin had one hand over his mouth and one hand over his nose.

G. ZIMMERMAN: Put his hand on his nose -- on my nose and the other hand on my mouth.

UNIDENTIFIED MALE: Wouldn`t that be inconsistent with him screaming, sir?

R. ZIMMERMAN: No. From the looks of my son`s injuries, Trayvon Martin`s hands were not just on his nose and mouth.


VELEZ-MITCHELL: Something unexpected always seems to happen in these mega cases. Is defense attorney Mark O`Mara trying this case before the trial starts? Presenting Zimmerman`s side of the story to the jury pool? Is this a giant battle for public opinion?

Straight out to the attorney for Trayvon Martin`s family, Natalie Jackson.

Natalie, you were in court today, and I actually saw you at one or two points. And you did not look happy. What bothered you about what happened today?

NATALIE JACKSON, ATTORNEY FOR TRAYVON MARTIN`S FAMILY: Well, I think it`s what you said, Jane. This was an appeal to the public.

But the thing about it is that it blew up in the defense`s face. Here you have -- there are rules of the court. The rules of the court is you don`t put your client on the stand for a bond hearing. The defense broke that rule at the first bond hearing.

And the next rule is that at our hearing the burden is on the state to present evidence. The defense broke that at this hearing. Well, you know, whenever you see these type of measures, these type of tricks, then that means your case is in serious trouble if you have to resort to tricks.

VELEZ-MITCHELL: And as I watch this bond hearing today, it appeared, to me anyway, that the defense has basically hijacked a hearing about bail and turned it into a mini-trial where the defense presented its side, its case.

For example, they called the fire department paramedic who treated George Zimmerman after the deadly confrontation. And showed the actual injuries on video in court. Check this out.


UNIDENTIFIED MALE: He had blood on his face and the back of his head. And that was about all I remember as far as his injuries. I think he had a cut on his nose, as well. A good 45 percent of his head and face were covered in blood.


VELEZ-MITCHELL: Joey Jackson, criminal defense attorney. You and I were both watching this. What points did Zimmerman`s side score with this testimony? And was it aimed just at the judge? Or was it actually aimed at the jury pool out there from which 12 people will be selected?

JOEY JACKSON, CRIMINAL DEFENSE ATTORNEY: Well, you know what? Jane, I think it had a dual purpose. One you have to convince the judge why. The significance is you want your client out either at the same bail or modified bail which is reasonable.

The second point, of course, is you have to play to the public, why? Because ultimately, if they lose an immunity hearing, then that`s where this is going.

The final point, Jane, is this. Is I think the point was being made that this is not a murder case. This is somewhat of a lesser charge. I think they were trying to establish that the judge has to look at this not really as what it`s charged but what it really is. And if it`s less significant than that, then perhaps bail should be reduced accordingly.

And I think that`s what one of the points the defense was trying to make. Was it effective? Well, the jury of one in this case, the judge, will make that decision in due time.

VELEZ-MITCHELL: But Mike Brooks, it is a murder case. And the entire time I was watching this I was expecting the judge to yell out, "What the heck does this have to do with a bond hearing?"

What is all the injuries and how the paramedics responded and how much blood was on his face. What does that have to do with a bond hearing, Mike?

MIKE BROOKS, HLN LAW ENFORCEMENT ATTORNEY: Joey just pointed out the prosecution, they say that they have a strong case, and it`s a second- degree murder case.

So what Mr. O`Mara was trying to do, and I think he did a decent job, was bring people out and say, "Hey, wait a minute. How much evidence -- strong evidence do they really have here?" And that`s what he was trying to prove.

But as Joey said, there`s only one person to convince here. And that`s Judge Lester. And I tell you, he`s trying to be a fair judge. He`s a no- nonsense judge. I think he`s going to rule, will he get bond -- will George Zimmerman get bond? I think he probably will, but it could be doubled.

VELEZ-MITCHELL: Yes. Well, I`d like to go around and find out how much bond everybody thinks he`s going to get if he is going to get bond. Rolonda Watts, TV personality, you`re a long-time journalist. Do you think he should get out of jail on any bond?

ROLONDA WATTS, TV PERSONALITY: You know, that`s a tough question, Jane. And my personal opinion, you know what that is. I just think that...

VELEZ-MITCHELL: No. That`s why we`re asking. I`m asking you.

WATTS: Yes. Well, there are those who say, does Zimmerman pose a danger to society? Will he disappear and go away? I don`t think -- he`s known all over the world right now. I don`t think there`s any place he can go.

The question of whether he poses a danger, well, those who believe that he hunted down Trayvon Martin and shot that child in cold blood believe he does pose a danger.

Those who say that the jury is still out, that we still don`t know about that say that maybe he doesn`t, maybe he is not guilty. We don`t know.

I personally think that -- I still think that this case is -- it points to -- I`m sorry, I still believe that Trayvon Martin was an innocent child who was shot down by a vigilante. That`s my personal opinion.

VELEZ-MITCHELL: OK. I`m going to interpret as you say he should stay in jail or be released on a very high bail. You think about it. I`m going to get back to you on that. Because we`re going around the room.

Listen to how Mark O`Mara described -- this is the defense attorney for Trayvon -- George Zimmerman, described the confrontation between George Zimmerman and Trayvon Martin. And he insisted that racism was not a factor. But listen carefully to this.


O`MARA: We`ve heard that Trayvon Martin was just minding his own business. And there doesn`t seem to be anything to contest that.

We also heard that Mr. Zimmerman was minding his own business, as well. And that, based upon his history and based upon knowing the neighborhood and a number of young black males who had, in fact, caused burglaries in the area, that he may have focused on him.

Does he say that in any of his statements? No. As a matter of fact, none of his statements suggest any type of racial profiling, any type of profiling whatsoever, except somebody he didn`t know.


VELEZ-MITCHELL: Natalie Jackson, the attorney for Trayvon Martin`s family, did Mark O`Mara cross a line with that comment referring to break-ins by African-American young males? He`s saying, well, it`s not racial profiling, but he seems to be bringing in those factors. Was he speaking in code?

N. JACKSON: He certainly was. You know, Mark needs to stay off the conservative laws and just try this case with the evidence that`s in front of him.

This -- we -- I was shocked when he brought that in. And I was even further shocked when he brought in a picture of Trayvon at the 7-Eleven buying candy. And he suggested that this shows how big and menacing Trayvon is.

Well, we have his measurements on the M.E. -- the medical examiner`s report. He was 5`11" and 158 pounds. George Zimmerman was 5`9" and 185 pounds.


UNIDENTIFIED MALE: Bottom line before this court is that we have an innocent victim. Now why -- why on earth was one of those photographs at the 7-Eleven put into evidence? Is it the implication that somehow Mr. Martin, because he was wearing the hoody, is a criminal?

You know, I think that -- you know, in retrospect, that photograph speaks volumes of what we have before you. And when I say that is, imagine if you could, your honor, who is more likely to get robbed on a regular basis other than a clerk at a 7-Eleven store? Did that clerk, who dealt with Mr. Martin, perceived Mr. Martin as a threat because he was wearing a hoody? No. He treated him as a customer.


VELEZ-MITCHELL: Holly Hughes, criminal defense attorney, former prosecutor, these mega cases always involve unorthodox tactics. But I was shocked, my jaw dropped as I watched this hearing unfold. It was supposed to be a bond hearing. And it turns into a mini-trial with what amounted to closing arguments by both sides.

Did the judge let this get out of control? I was waiting for the judge to say, "Come on, let`s get back to the bond hearing."

HOLLY HUGHES, CRIMINAL DEFENSE ATTORNEY: Well, here`s the thing, Jane. One of the factors that the judge has to consider in determining bond is the strength of the state`s case. And he wrote in his previous order, "I think the state has a pretty strong case."

So O`Mara has duty to come back and say, "Well, your honor" -- what he pointed out to the judge, and this is a very fine line the attorney walks, is, "Judge, you said the state has a strong case, but you didn`t hear any evidence when you made that statement. So I`m respectfully asking you to reconsider, and here`s why."

So to a certain extent O`Mara does need to...


HUGHES: He does need to put on evidence to a certain extent, but I`m with you, Jane. When he stepped over that line and started picking on the victim and suggesting the victim might have had something to do with his own death, that is a horrible, horrible maneuver, both in court and in the media perspective.

VELEZ-MITCHELL: All right. Let`s go out to the phone lines. Kathy, Nevada, your question or thought, Kathy.

CALLER: I thought that it was kind of funny that the -- they didn`t want the prosecutor to cross-examine the guy on the stand.

VELEZ-MITCHELL: Oh, yes. That was a whole other thing. And I should go out to Joey Jackson on this, because the entire time we`re watching the hearing, which goes on for almost three hours, we`re wondering is George Zimmerman going to take the stand. Look, he`s all dressed. He`s sharp, he`s in a suit. We know he likes to talk.

And yet it was like Mark O`Mara, his attorney said, "Well, I only want him on the stand if he can say what I want him to say. I don`t want him to be cross examined. I don`t want to open a Pandora`s box."

J. JACKSON: That`s exactly right. Listen, Jane, make no mistake about it. Who was the suit for? Who was the hair, the whole to-do? That was for the general public, right? The whole motion about we don`t want him to come to court in shackles. We want him to come to court as if he`s presentable a non-defendant. And so that was what that was all about. In terms of taking the stand, it is the Pandora`s box of which you speak.

Why? Goodness forbid he`s said something and he`s crossed up and also gives a preview then to the state as to exactly how and what he`s going to say.

The problem with that, though, very briefly, Jane, is this. In the event that he did say something, I think the judge would have wanted to hear why he misinterpreted and why he misled the court, or his family did, with regard to how much assets they had. That was a critical point that needed to be countered because a judge needs to consider that in re-evaluating whether bail should be given or denied.

VELEZ-MITCHELL: Well, you know, it was funny, because it was sort of like every so often they would come back to the essential point, should George Zimmerman get bail? And if so, how much?

And certainly, the prosecution argued that he shouldn`t get bail, because he`s a liar. And at the last bond hearing, he and his wife deceived the court, claiming they were broke, when in fact, they had tons of money, well over $100,000 that had come in from supporters of George Zimmerman. Listen to this.


UNIDENTIFIED MALE: This defendant spoke to his wife, Shellie Zimmerman, and they used code. They used other words other than "$9,000" to make sure that whoever was listening wasn`t aware of what was going on.

Why was that done? It was done to hide the money so that they could deceive the court, lie to the court. Mrs. Zimmerman lied to the court, and this defendant just sat there and allowed it to happen. Because he, frankly, was manipulating the whole thing. He was using his wife as a conduit to do this. That`s why there was...


VELEZ-MITCHELL: And Mike Brooks, this whole issue of money. The defense tried to make out, "Well, yes, he lied, but it really was -- he was scared and confused. He didn`t mean anything by it."

But in fact there would be a very obvious reason for him to want to hang on for money. Because you need money to launch a defense. You have to hire experts. You`ve got to get transcripts. You`ve got to -- costs money to do depositions. Yada, yada, yada. It costs a ton of money for a big case like this. Isn`t that why he wanted to keep the money?

BROOKS: Yes. And you know, as Mark O`Mara also pointed out, it wasn`t just legal fees. It was personal expenses, you know, like his light bill and things like that and Chick-Fil-A and everything else.

But Mr. O`Mara, he was -- he`s so right up front. He`s an officer of the court, a very good officer of the court, and he said, well, he should have jumped up and said something when his wife was testifying.

And the judge tried to be fair and said, "Well, I don`t know if he should have jumped up and said something. Maybe he should have tugged on your sleeve to let you know that they did have money."

So, you know, he was trying to make it look not so bad. And he never said, Mr. O`Mara never said that "My client lied." He said he was misleading.



UNIDENTIFIED FEMALE: I can`t see him. I don`t want to go out there. I don`t know what`s going on. Yes.

UNIDENTIFIED FEMALE: There was a gunshot.

UNIDENTIFIED FEMALE: You heard gunshots?




UNIDENTIFIED FEMALE: Is he right outside?



VELEZ-MITCHELL: What an emotional day in court. There you see George Zimmerman, dressed in a sharp suit and tie.

I want to go out to Richard Gabrielle, jury consultant. He`s also not shackled. You just saw him rubbing his head. What is the defense trying to project? They requested he be allowed to appear this way.

RICHARD GABRIELLE, JURY CONSULTANT: Well, Jane, what they`re trying to do is they`re trying to present George Zimmerman as a pillar of the community. When he`s dressed like this, he`s obviously sharp. His hair`s grown out a bit. And he looks like a solid citizen.

And I think that is -- that is what they`re trying to convey, that he is a protector of the community. And obviously that plays into his defense of the case.

Let`s face it, you know, his credibility from the moment of the shooting has been in question. With the sunshine laws in Florida, it ensures that everything comes out. So every time he`s on television, every time something he`s interviewed, his image is out there, and they want that image to be a solid citizen.

VELEZ-MITCHELL: I wonder if that`s also one of the reasons they brought in his dad, who was a magistrate of some sort.

Let`s play back the dramatic testimony of George Zimmerman`s dad brought into to testify about who was screaming on the 911 tapes. Of course that`s absolutely crucial. Listen to this.


UNIDENTIFIED MALE: You are aware -- have you listened to the recordings of his interviews by the police? That`s been publicized?

R. ZIMMERMAN: Some of them I have.

UNIDENTIFIED MALE: And you`re aware that he states that his voice was muffled. In fact, he claims -- the defendant, your son, claims that Trayvon Martin had one hand over his mouth and one hand over his nose, correct?

R. ZIMMERMAN: You know, I`ve heard so many different things in the media.

UNIDENTIFIED MALE: Would that be inconsistent with him screaming, sir?

R. ZIMMERMAN: No. From the looks of my son`s injuries, Trayvon Martin`s hands were not just on his nose and mouth.


VELEZ-MITCHELL: Natalie Jackson, attorney for Trayvon Martin`s family. Now, there was the verbal point that he was trying to make, but what was the subliminal point, do you think, of bringing George Zimmerman`s father to the stand?

N. JACKSON: I agree with the jury consultant. And I also think they`re trying to make the public focus on the injuries.

Last week the evidence, the actual evidence in this case came out. And every one focused in on all the lies and inconsistencies in George Zimmerman`s story. And so they want everyone to not focus on that.

I`ll tell you, this hearing today, it was also a strategic move, because the prosecutor just finished a two-week trial -- murder trial. So we weren`t sure he was going to be there today. And we didn`t know until today that he was there.

This was an effort to bring in evidence and to have a case with someone who they thought might be a substitute and who wouldn`t be there to cross- examine.

The prosecution did a great job in just disassembling all the witnesses that they put on. Because they were able to point to exact evidence to contradict everything that`s there, to contradict or to mitigate anything that they put on.

So I think -- I think that today was a great day for the prosecution.



UNIDENTIFIED FEMALE: Does he look hurt?

UNIDENTIFIED FEMALE: I can`t see him. I don`t want to go out there. I don`t know what`s going on. There`s screaming. Yes. I just heard gunshots.

UNIDENTIFIED MALE: You just heard gunshots?




UNIDENTIFIED MALE: Is he right outside?

UNIDENTIFIED MALE: Pretty much. Yes.




UNIDENTIFIED FEMALE: Does he look hurt?

UNIDENTIFIED FEMALE: I can`t see him. I don`t want to go out there. I don`t know what`s going on.


UNIDENTIFIED FEMALE: There`s screaming.

UNIDENTIFIED FEMALE: You think he`s yelling "Help".

UNIDENTIFIED FEMALE: Yes. I just heard gunshots.

UNIDENTIFIED FEMALE: You just heard a gunshot.




UNIDENTIFIED FEMALE: Is he right outside?




VELEZ-MITCHELL: Fireworks at a hearing today that was supposed to be about whether George Zimmerman would get out on bail after having his bail yanked because he lied and his wife lied about how much money they had when they had gotten tons of money in from supporters.

But observers said, wow, it looked like the defense was trying to essentially ambush the prosecution and put on the defense case. They played this video or other videos like it of George Zimmerman describing his injuries. They put on a paramedic who said there was blood all over his face. They put on his dad.

But the prosecution, even though they may not have been ready for all that just immediately responded by fiercely questioning the severity of George Zimmerman`s injuries on the night of that deadly confrontation. Listen to this.


BERNIE DELA RONDA, PROSECUTOR: At some point the victim does hit him. I mean, but the bottom line is banging? There`s no evidence of that. There`s no evidence and nobody has testified to that effect. The defendant claims he made statements to the police. I would submit the injuries are inconsistent with his head bashed.

If the court -- and I know the court has already reviewed it, those -- that interview he describes being bashed, beaten. Those injuries are very inconsistent. He doesn`t have any skull fractures. He doesn`t have any kind of concussion from that.


VELEZ-MITCHELL: Mike Brooks, HLN law enforcement analyst, could the defense of George Zimmerman be miscalculating because part of the effectiveness of the defense case is the factor of surprise. And by laying all this out at a bond hearing, are they effectively sort of robbing themselves of, wow, the surprise of what their case is going to be.

You remember Casey Anthony when they started out with this wild theory in opening statement.

BROOKS: Well, you know, to be honest, his injuries that we saw at the police station moments after he was cleaned up by firefighter paramedic, Kevin O`Rourke, who testified today from the Sanford Fire Department, testified his head was 45 percent full of blood.

Well, you know what, I`m sorry. Head wounds are very -- they bleed a lot -- it`s very, very vascular in your head, Jane. And, you know, we`re looking at pictures there. Is that consistent with somebody who was in fear of their life? Who said when he was getting his head banged he thought his head was going to explode?

If they were that bad, Jane, if the wounds were that bad -- I`m sorry, I was an EMT for over 20 years -- if his wounds were that bad, why didn`t firefighter EMT O`Rourke and some of the other folks from the Sanford Fire Department, why didn`t they wrap his head up? Because apparently there wasn`t bleeding that bad.

He said they thought they might get stitches. You heard George Zimmerman talk about during the walk through that they didn`t want to put stitches on it, you know. Are these wounds consistent with someone who was in fear of their life? That`s the question.

VELEZ-MITCHELL: All right. I think you`re making an excellent point. Now, I want to do a round robin. Everybody, very briefly, do you think that George Zimmerman is going to get on bail? If so, how much is the judge going to ask for? Starting with Holly Hughes?

HUGHES: I think he`s going high -- a million dollars.

VELEZ-MITCHELL: A million dollars, which to me says, ok, 10 percent of a million, $100,000. I`m wondering do you think, Holly, as a follow-up, would he have that from what we`re hearing about his support?

HUGHES: I think he would. I think he`d be able to post it, Jane.

VELEZ-MITCHELL: Wow. A million dollars. Rolonda Watts, what do you think?

WATTS: Well, if he doesn`t deny the people again like in court, I think it will definitely be a very, very high bond if they agree to give him bond. But I think Zimmerman is a dangerous man but we`ll see what the judge says. But I think it will be very, very high if he agrees to it.

VELEZ-MITCHELL: Joey Jackson, what do you think?

JACKSON: You know what; I can`t put a dollar figure on it, Jane. But I think it will be significantly more than it is now. I know Mike Brooks said earlier, double -- is it double? Is it triple? It`s ultimately up to the judge to decide. He will be granted bail. I believe he`ll also make it.

There were misrepresentations that concern the court and I think as a result of that -- the result of there being resources there to pay bail -- the judge will act accordingly and increase it.

VELEZ-MITCHELL: All right. Very briefly, Mike Brooks.

BROOKS: It`s bail, not a punishment. I`d say $500,000.

VELEZ-MITCHELL: All right. Richard Gabriel, briefly.

GABRIEL: I`d go along with that. I think it`s a matter of credibility. I think the judge questions his credibility. And I think he`s going to get out. But I think the court`s going to be looking at him real carefully.

VELEZ-MITCHELL: And final word, Natalie Jackson.

JACKSON: I agree with Holly. If the judge grants bail, the state originally asked for a million dollars and I think that a million dollars it will be with lots of conditions.

VELEZ-MITCHELL: Thank you. Fantastic panel. We are all over this case come Monday.

Now, our shocking video of the day -- this one really had all of us talking. Watch as this Canadian youth hockey coach trips a player during a post-game handshake, knocking the boy and his teammate down. The 13-year- old that he tripped up ended up getting a broken wrist out of it. Is this teaching kids sportsmanship? I think not. The coach was arrested and police are recommending he be charged with assault.


VELEZ-MITCHELL: Here`s your "Viral Vid" -- baby bear stuck in a garage. And look who comes to the rescue? Look at this little guy.

There`s momma. Momma`s coming in, where the heck are you, son? There you are. You better get down. Better get down right now.



UNIDENTIFIED MALE: Big news out of Hollywood. Tom and Katie, TomKat as some have called, they are divorcing.

UNIDENTIFIED MALE: This went from what a lot of people thought might be a publicity stunt to something a little strange to now a legitimate lasting deep relationship. They`re starting a family.

UNIDENTIFIED FEMALE: Suri Cruise was born April 18, 2006.

KATIE HOLMES, ACTRESS: I feel like the luckiest woman in the world.

UNIDENTIFIED MALE: Tom cruise and Katie Holmes, they are divorcing after five years of marriage.

UNIDENTIFIED MALE: Everything he does is the subject of debate, speculation, mystery and intrigue.


VELEZ-MITCHELL: Breaking news tonight out of Hollywood, TomKat is no more. That`s right. A-list couple Tom Cruise and Katie Holmes calling it quits on their five-year marriage. Tom`s rep says, quote, "Kate has filed for divorce and Tom is deeply saddened and is concentrating on his three children. Please allow them their privacy to work this out," end quote.

This is marriage number three for Tom, and there`s always been lots of tabloid speculation about this May-December romance with Katie especially after he proclaimed his love so over the top in that infamous house jumping incident. Watch this from Harpo Products and YouTube.


OPRAH WINFREY, TALK SHOW HOST: We`ve never seen you behave this way before.


WINFREY: Have you ever felt this way before?


VELEZ-MITCHELL: Straight out to Dorothy Cascerceri, senior editor, "In Touch Weekly". Katie was seen wearing her wedding ring just two days ago. So what`s the inside story behind the split?

DOROTHY CASCERCERI, SENIOR EDITOR, "IN TOUCH WEEKLY": Well, we know that insiders were not entirely shocked about the split. Of course, there`s plenty of people out there that see it on the news and say I can`t believe that they`re divorcing.

But we know that family members saw this coming. There`s been a lot of issues with these two starting with the fact that they really haven`t been in the same place very much. I mean, we know that in the last three months they`ve only been photographed four times together. And every time that we see Katie Holmes, she`s hanging out in New York with her daughter, Suri, and Tom is nowhere to be found.

So the distance was a big issue for them. And she was certainly keeping her distance that is for sure. Now, Jane, you know that Katie Holmes is a good old school Catholic girl from Ohio. And she married tom cruise and got into the whole Scientology arena and that`s also been a very big issue for the couple.

VELEZ-MITCHELL: We`re going to talk about it in a second. I believe in marriage. It`s is tough. Dueling careers, the paparazzi -- Tom`s latest movie "Rock of Ages" is in theaters now. Check this out from New Line Cinema.


UNIDENTIFIED FEMALE: What`s it like to be the Stacy Jackson.

UNIDENTIFIED MALE: Stacy, you made it.


CRUISE: No, this is hey, man.


VELEZ-MITCHELL: I didn`t see it because of the fur coat he was wearing. But apparently it did have a disappointing open. Katie`s most recent movie "Jack and Jill" did not get terrific reviews. Watch this from YouTube.


UNIDENTIFIED MALE: There`s one person who drives you a little crazy.

UNIDENTIFIED MALE: I`ve got to pick Jill up at 4:00 in the morning.

HOLMES: She comes once a year and she`s leaving on Sunday.


VELEZ-MITCHELL: All right. Now, the couple has a rumored net worth of over $250 million, most of it, of course, earned by tom. Published reports claim the couple` pre-nup set Katie up to make a fortune. She`s reportedly going to rake in $3 million a year for each year of their five-year marriage, a total of $15 million.

But other reports, Vikki Ziegler, divorce attorney says she can walk away with $30 million. However had she stuck it out six more years, some reports claim the pre-nup would have been void and she would have gotten $125 million -- Vikki.

VIKKI ZIEGLER, DIVORCE ATTORNEY: Yes. Hi, Jane. The question really becomes, is the prenuptial agreement going to be valid, number one? Or is she going to try to set it aside? How much is she actually going to be entitled to that relates to child support -- because we know that Suri, she has a heavy expense load.

You know, you`ve never seen a picture with her -- she`s always wearing a different outfit. So you know what; these expenses are going to be heavy.

So the question really becomes why file it on the eve of the holiday? Number two, Tom Cruise is turning 50 on July 3rd, very interesting timing. And is it really about Scientology? Is it about the fact that they`ve been distant? And is she really going after the money? Or does she want to protect Suri from Tom Cruise because her position is she doesn`t want the child raised in the Scientology world?

So many questions, so many things unanswered. But I think we`re going to hear more details as this case unfolds.

VELEZ-MITCHELL: Dorothy, the five-year mark, is that suspicious?

CASCERCERI: It doesn`t really seem to be too suspicious. We don`t know exactly what`s going on behind the scenes or what the agreement exactly has entailed. But we know that over the course of the last year or two, things have just been steadily declining between these two. And Katie`s career has been in a complete standstill, which has a lot to do with it.


VELEZ-MITCHELL: Check this out. We asked you for fun pics and videos of your pets. And we`ve got some great ones. So send us your pics to Check out these little guys.



HOLMES: It`s just been -- it`s so exciting. It`s -- I love him.

UNIDENTIFIED FEMALE: Are you surprised, though, at the scrutiny that you`ve experienced?

HOLMES: I don`t really care. I mean I feel like the luckiest woman in the world.


VELEZ-MITCHELL: Tom`s devotion to Scientology has always been a big part of his life. He has spoken out in support of Scientology on many occasions. Listen to this from the Church of Scientology.


CRUISE: The more you know as a Scientologist, you don`t become overwhelmed by it. She said something like "Do you have ESP?"

It`s our responsibility to educate, create the new reality, you know. We have that responsibility to say, hey, this is the way it should be done.


VELEZ-MITCHELL: Tom was ridiculed quite a bit for that video and there were imitators, et cetera. Now it`s rumored that 6-year-old Suri is at the center of this divorce.

Vikki Ziegler, TMZ is reporting Katie wants sole custody. I certainly cannot independently confirm that. We have no idea if it`s true. But if it true, doesn`t that seem a little bitter?

ZIEGLER: Yes. That seems super-aggressive. And the onset in a divorce, honestly, it`s either -- the child`s either being used as a pawn, or clearly she thinks that this child needs to be protected from Tom Cruise and she`s going to have to prove it, though. You can`t just articulate it in a complaint, a petition for divorce. You have to be able back up your evidence to prove that he is unfit or he`d entered the Scientology religion and it`s too much of a cult, unnecessarily burdensome for the child and not in the best interest.

So we`re going to have to see how this unfolds. And to actually ask for sole custody in the initial pleading stage, is very, very uncommon, unless you really can prove it, sustain it, you know what; you just want to make sure that this child is going to be with you and not with the other parent.

VELEZ-MITCHELL: Well, I got to say, another question is, could there be a non-disclosure agreement and they`re so often used in Hollywood so. So if there is some kind of shocking stuff about this divorce, will we ever even hear it? Who knows?



CROWD: Goose Watch is watching you. Goose Watch is watching you.

Hands off the geese.


VELEZ-MITCHELL: Protests and controversy escalating as hundreds of helpless geese are killed in roundups. New York City officials are once again taking Canadian geese from public parks and killing them en masse by the hundreds, claiming it`s the only way to keep the birds away from the airports.

These deadly roundups began shortly after the famous miracle on the Hudson when U.S. Airways flight 1547 sucked up birds in the engines and was forced to make an emergency landing on the river.

But is the mass slaughter of these voiceless geese the only way to keep the skies secure? Are there more humane alternatives?

Joining me now, the founder and director of Goose Watch, New York City, David Karopkin; David you had a protest in New York City this week, you`re seeing it. A sizable number of people showed up. What points do you want to make?

DAVID KAROPKIN, FOUNDER/DIRECTOR, GOOSE WATCH: Well, the public is being kept in the dark about what`s happening in the New York City parks with these Canada Geese. The roundups are done under the cover of darkness of night. People are waking up to find out that the geese have been taken out of their parks with no real answers as to why it`s happening.

They`re done with taxpayer dollars by USDA Wild Life Services. Every request that we have made for transparency has been denied. We believe that the public has a right to know what`s happening since we`re paying for it.

VELEZ-MITCHELL: We reached out to New York City Mayor Bloomberg`s office for comment and were given this answer from the New York City Department of Environmental Protection. "Canadian geese are removed from city parks within seven miles of each of the three major New York airports in order to reduce the serious risk that geese can pose to aviation safety due to the high probability of aircraft damage and public safety.

Ok. A couple of things, David, are there more humane alternatives? I have heard the critics of this say there are more humane alternatives to keep the geese away from the airports?

KAROPKIN: Absolutely. We want to know what`s being done in terms of implementing radar technology, habitat modifications around the airport but idea that geese living in parks around New York City or even off-site of the airport are going to fly into an airplane is just an exaggerated threat that politicians are jumping on to distract from the real issues that are causing air safety concerns.

VELEZ-MITCHELL: Well, listen, I take LaGuardia and JFK all the time. I want to be as safe as anybody else and I consider Captain Sully a hero. But let`s face it, there are millions and millions and millions of geese in the world. And if you keep killing them and they just keep coming back, maybe it`s time to try something different. What do you say David?

KAROPKIN: We need a long term solution. Killing geese year after year is a disgrace to New York City. We are a civilized society and we are technologically advanced. We should be able to come up with ways to protect airline passengers and wild life that live in New York City.

VELEZ-MITCHELL: Yes. Because, listen, here`s the thing. They keep replacing the geese that had been killed. So you kill geese and a new geese fly in. Also I have heard that it was migratory birds some claim that were involved in that strike which means that those are birds kind are flying through. Those are not the birds that are hanging out near the airport all the time.

So I think that suffice it to say there are a lot of questions here and we want the answers. We don`t want this to be done under cover of darkness. I`m a New Yorker, New Yorkers love animals and I think they want to have answers.

For more information on how you can get involved in this issue and sign if you want to, the petition to end New York`s annual goose slaughter, check out

Nancy`s next.