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JANE VELEZ-MITCHELL

Mother of 3 Missing in South Carolina; Real Housewife Sentenced to Prison; Real Housewife and Hubby Get Real Prison Time; Prospective Jurors Cannot be Impartial in Jodi Arias Case

Aired October 2, 2014 - 19:00   ET

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


UNIDENTIFIED MALE: ... fingerprint on her body in blood, what else can that tell you, except he was there, he has handled that body sometime after

there was blood on it.

JANE VELEZ-MITCHELL, HOST: Tonight, breaking news in the desperate search for a missing South Carolina mother of three. Cops say this woman, a

nurse, 37-year-old Tammy Kingery, left a note saying she was going for a walk, and then she vanished into thin air. Her family is frantic.

Tonight, I`m going to talk to the missing woman`s dad. Did somebody abduct this beautiful and kind mother?

Good evening, I`m Jane Velez-Mitchell coming to you live.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Still no sign of the missing Edgefield mother.

UNIDENTIFIED FEMALE: There`s so many possibilities where she might be hiding or who knows?

UNIDENTIFIED FEMALE: It`s been seven days. So you know what you`re going to be seeing.

UNIDENTIFIED FEMALE: We`re looking for tarps that have been moved or look like there`s something underneath them or leaves that have been piled up.

UNIDENTIFIED FEMALE: Has anything been found?

UNIDENTIFIED FEMALE: Nothing.

UNIDENTIFIED FEMALE: Keep going until everything is exhausted. And then, at that point, be realistic.

(END VIDEO CLIP)

VELEZ-MITCHELL: It`s now been 13 days that she`s missing. Cops say Tammy, again, a nurse, was last seen 13 days ago. They believe she left her house

at around 10 in the morning to go for a walk, leaving behind -- get this -- her cell phone, her purse, everything.

Tammy`s husband says he came over a couple hours later and he saw their dog was chained outside, the doors were locked. But inside he finds an eerie

handwritten note on the table that said, quote, "Gone for a walk. Be back soon. Love you." Tammy`s family says that`s totally out of character for

her. She`s never written a note like that before. Her husband says he immediately knew something was very wrong and started searching for his

wife.

(BEGIN VIDEO CLIP)

PARK KINGERY, TAMMY`S HUSBAND: For her just to walk off like that without calling or something like that, I noticed, you know, her cell phone was

still there, the purse was still there. She didn`t take nothing with her. I just knew something wasn`t rig right.

(END VIDEO CLIP)

VELEZ-MITCHELL: Now, hundreds of volunteers have been searching the miles around Tammy`s home. They have not found a single clue as to the

whereabouts of this mother of three. Where is Tammy?

Call me, 1-877-JVM-SAYS. There`s her video. That`s her picture. 1-877- 586-7297. And you can join the conversation. Go to my Jane Velez-Mitchell Facebook page or you can talk to me on Twitter, @JVM.

Our expert Lion`s Den panel is standing by, ready to debate. But first, I want to go straight out to Julie Parise, reporter with WJBF. You are on

the ground in South Carolina. What do you know?

JULIE PARISE, REPORTER, WJBF (via phone): Hey, Jane. Well, the latest that I can tell you is that this case is now being called suspicious. For

almost two weeks now, it was a missing persons case. Now it`s being called a missing person`s case with suspicious circumstances. Investigators told

me earlier this week they do have new leads, but they`re not ready to disclose exactly what those new leads are. But they do remain optimistic

but they have to remain optimistic that Tammy will be found.

VELEZ-MITCHELL: Do they have a theory of the case that they are even hinting at, Julie?

PARISE: They are not giving me anything that I can -- that I can go with straight on. I will say that I am Facebook friends with Park Kingery, the

husband and about an hour ago he posted that he`s trying to organize another search.

I will say that people in this area don`t really believe that Tammy would just walk away from her kids. I know her son`s birthday was about a week

after she vanished. So people are saying a mother of three would not just leave her kids, leave her family and not even call, you know, on her son`s

birthday.

Investigators don`t believe that she is in the area around her home. At least one investigator on the case has told me that. They`re bringing in

South Carolina law enforcement division. They`re on the ground there today, I`m told. But initial searches, as you said, turned up nothing.

VELEZ-MITCHELL: Now, let me ask you this. There -- she has three children.

PARISE: Yes.

VELEZ-MITCHELL: She`s married.

PARISE: Yes.

VELEZ-MITCHELL: I understand her husband -- and we`re going to get to the timeline in a second, her husband left with two of the boys and comes back

with the two boys. So what`s the age and the gender of the child that was in the home with this mother when he left to go do his errands?

PARISE: I believe it was Peter (ph). I not sure it -- he has a daughter. I`m not sure if it was the daughter. I do not know exactly what they`re

doing. He did tell me that was the last time he saw his wife, that she was laying peacefully in bed, taking a nap. So I don`t know exactly what she

was doing at home with one child while the other two were out.

VELEZ-MITCHELL: Well, thank you, Julie Parise. Stay on as long as you can, because we may want to come back to you.

Now, I want to do a bit about the note, and then we`re going to talk exclusively in a primetime exclusive to Philip Russell, the father of this

missing woman. He is frantic. We want to help him find his daughter, his baby. Even though she`s a grown woman, this is his baby.

Tammy`s husband says he found this handwritten note, reportedly written by his wife, that was left on the kitchen table that said, quote, "Gone for a

walk. Be back soon. Love you." But Tammy, he says, never leaves notes. Listen.

(BEGIN VIDEO CLIP)

KINGERY: There`s a million possibilities what could happen. Police are checking phone records and stuff to try to find out if she contacted

anybody. We`re still waiting on results of that.

VELEZ-MITCHELL: That is the husband, who came back to find his wife missing.

Now, handwritten notes have been notable in other high-profile cases, for example, the still unsolved case of little JonBenet Ramsey, you know, the

child beauty queen. Investigators found a purported ransom note inside the Ramsey home. It was very controversial because authorities said they

believe the note was written, actually, on a pad inside the Ramsey home.

So I want to go to our primetime exclusive, Philip Russell.

Sir, I want to say, if I may call you Philip, that my heart goes out to you. And we have our expert panel here that will try to help come up with

something that might jog somebody`s memory or that might give us an insight of -- do you find it odd that this note was there, given that the family

seems to be saying, your family, that she would never write a note like that.

And also, I personally find it odd for somebody to say, "Love you" when they`re going out for a walk. "Love you" sounds like "I`m going away for a

couple weeks or more."

PHILIP RUSSELL, TAMMY`S FATHER: Yes. It is odd, because especially recently, she so often would text, maybe even rather than call. So for her

not to give her husband a heads up that, "Hey, I`m heading out for a little bit," that would have been good. Because with the house locked up and she

didn`t even have her keys with her so that she could unlock the house as she came back, it just -- something doesn`t seem right.

VELEZ-MITCHELL: Wait. So you`re saying that she left her keys at home, even though the house is all locked up. Now I know you can sometimes do

that in some places by just putting the lock on, on the inside and then going out and shutting it, like a hotel, but usually with homes, when you

leave you lock the door from the outside. Does that sound strange to you, sir?

RUSSELL: It just -- everything sounds strange. For her not to have anything with her, she`s out in the country. If we`re going for a walk,

there`s no sidewalks. There`s not that much traffic around, but, still, I mean, if she would have a problem and not have a cell phone or something

with her or an I.D., something just doesn`t seem right.

VELEZ-MITCHELL: She has three children with her husband.

RUSSELL: Yes.

VELEZ-MITCHELL: The husband was reportedly with the two boys. What -- tell us about the child that was reportedly with your daughter, your adult

daughter inside the home when her husband leaves to go do the errands. What`s the age of that child, the gender?

RUSSELL: It`s a teenage girl. But she -- she was, I believe, an overnight with another friend the night before. So it was my daughter just alone

because she wasn`t feeling all that well and that`s why she went to bed.

And that`s what seems odd to me, too. She was feeling a little bit lightheaded so she lay down. Unless she made a drastic turnaround and then

felt -- or wanted fresh air, I don`t know. But it was her by herself, as her husband and the children left.

VELEZ-MITCHELL: All right. Let`s set up a little bit more for our viewers. And I`m going to come back to you before we get to our expert

panel. Search teams have been hunting for Tammy. Of course, I`m sorry to say this, but of course, they have to be prepared for the worse but hope

for the best. Listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I`m going to be very blunt and very realistic. It`s been seven days. So you know what you`re going to be seeing. If you do

find a body, do not go near it.

(END VIDEO CLIP)

VELEZ-MITCHELL: That is the search coordinator. We`re sorry to have to share that sound with you, sir, but this is important information.

According to the family, Tammy was taking antidepressants and had been unhappy. But here`s my problem with that theory. If your daughter was

depressed and suicidal and left the house to perhaps do harm to herself, how far could she have walked in the two hours that is the window of her

disappearance when her husband leaves to do errands and then comes back.

Even if she was walking very fast or even a light jog, she couldn`t have gone more than 10 miles on foot in that two-hour window when her husband

comes home and starts looking for her. Search teams have now been looking for many days, and they have not found any sign of her in that 10 mile

radius.

What does that tell you, Philip, the father of this missing woman?

RUSSELL: We so often hear, if somebody`s walking by themselves or running, being abducted. And that`s really one of the things that the county

sheriff has said is one of the possibilities that they`re looking at.

VELEZ-MITCHELL: So I know this is difficult. My heart goes out to you, sir. Do you think, do you personally think she`s been abducted? Do you

think this is somebody who knew her? Do you think this is a stranger abduction? What is your theory?

RUSSELL: You know, I haven`t settled on one, because I`m hopeful that -- we just -- any time I hear somebody coming in the door, I hope that I see

my daughter`s face. I`m hopeful. And until -- until I find out otherwise, I`m going to be hopeful.

VELEZ-MITCHELL: I have to ask you this last difficult question, sir, and this is -- I want to stress, there are no suspects, and you know, they

always have to start with those in the close inner circle of the person who`s missing. Can you tell us anything about her marriage? She was

reportedly unhappy. Why was she unhappy? Were they having any marital problems?

RUSSELL: Not to my knowledge. And I know, you know, behind closed doors things can be different, but, you know, she -- you know, she had been -- I

live in northwest Indiana and am down here for now just to help out, but, you know, every time that I`ve seen her all year, I haven`t seen the

depression.

So maybe because she was seeing family as she traveled up my way, or me being down here, you know, I didn`t see the depression. I know she has

been depressed in the past. But I know others that have been in -- they take the antidepressant, and that gets them on an even keel.

VELEZ-MITCHELL: So you don`t think she killed herself? You don`t think your daughter killed herself?

RUSSELL: I don`t believe so, because I think we would have found her by now, some sign of her. Because when we`re searching, we`re 20 feet apart

going through, you know, the forest and thickets and wherever we think that she could possibly fit. Sometimes where we know that there`s very

unlikelihood she would have even ducked under this branch or climbed over that downed tree. But we`re still searching.

VELEZ-MITCHELL: All right. Thank you, sir. I just want to say, I`m so sorry you`re going through this. I know it`s hellish; I know it`s a

nightmare. And we`re going to do everything we can to bring your daughter home.

On the other side, our Lion`s Den panel has been soaking up all this information and we`re going to delve deep into it. We`re also taking your

calls and your Facebook comments. Stay right there.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: We`re looking for tarps that have been moved or look like there`s something underneath them or leaves that have been piled up.

Abandoned homes or sheds where she could be.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Things like that don`t happen in small -- they do, but not in your community. And when it happens in your community, it`s

time for everyone to step up, because who else is going to do it?

(END VIDEO CLIP)

VELEZ-MITCHELL: Where is Tammy Kingery, a mother of three? She disappeared the Saturday before last. Let`s go to our expert panel,

starting with Simone Bienne, your thoughts.

SIMON BIENNE, RELATIONSHIP EXPERT: I`m really confused by this. And the thing that sticks out for me, Jane, is the keys. If you were going to

leave, then why wouldn`t you take your keys? You have to get back into the house. And I know this sounds really silly, maybe, but if you`re going for

a walk, why don`t you take the dog for a walk?

So I think this could be her, either in some terrible mental state, where it`s like the woman from Pennsylvania just disappears for decades because

she`s under so much stress; or if she has been abducted, it is by somebody she knows.

VELEZ-MITCHELL: Anahita Sedaghatfar, criminal defense attorney.

ANAHITA SEDAGHATFAR, CRIMINAL DEFENSE ATTORNEY: Right. I`m confused, too. This is so bizarre, Jane. Because you have the police saying they have no

substantial leads, but they are saying that this is very suspicious, and all of her family and friends are saying she would never leave her kids;

she would never leave that note. What was that note? No one does that.

And I don`t know any moms that leave the home that have young kids that don`t take their cell phones with them. So sadly I tend think this is some

foul play involved here. I don`t think this was suicide or that she voluntarily just went away.

VELEZ-MITCHELL: Loni Coombs, former prosecutor, she went to work at 7 in the morning as a nurse. She said she wasn`t feeling well, according to her

husband. Her husband picks her up and then, when he goes out for errands, that`s when she disappears. Your thoughts?

LONI COOMBS, FORMER PROSECUTOR: Yes. Jane, it is a very confusing case. But look at the things that we do know.

She didn`t take her purse. So she had no money, she had no cell phone, she had no keys. So it is a very good point when you showed that map, how far

could she have gotten on her own without those things? And where would she be going without those things?

Then we have the strange things about the note, where the family says she would never have left a note. And yet she writes, "I love you" in it. Was

that her handwriting? Was it typical handwriting, or did it look like it was under duress?

Also, the keys. The question about could she have locked the door behind her without taking the keys? If it`s the kind of door that needs to be

locked with a key, who had the keys, and who was locking it behind her if she did not take the keys herself?

So it seems to be pointing to someone else being involved, even though the family`s only, you know, thinking can be that maybe she was -- she was

depressed. She`d been depressed, so maybe something happened that way. But it seems like somebody else was involved besides just her.

VELEZ-MITCHELL: Danny Cevallos.

DANNY CEVALLOS, CNN CONTRIBUTOR: I`ve got to echo that. The note, the note, the note. It`s got to be critical for a number of reasons. You`ve

got to look at the handwriting. What does that tell us? There may be trace substances on this note. Are there drugs on it? Are there

fingerprints? Paper is a reasonably good substrate for fingerprints. You can -- you can lift some latent prints off of there.

But ultimately, I think what this makes this is one of two extremes. Either somebody was -- either she contemplated suicide of some kind and

left a note, because we don`t normally leave notes every time we walk in and out of the house, and we don`t leave with nothing. Or somebody who

committed some kind of foul play did something just so brazen by leaving a note and probably so dumb, not realizing that notes and physical evidence

like that provide a jubilee of evidence for law enforcement.

VELEZ-MITCHELL: Absolutely.

SEDAGHATFAR: Why would you hide your suicide?

VELEZ-MITCHELL: That`s another interesting point, if you`re going to commit suicide, why make it a big secret and enhance the suffering of your

children? But the dad says he doesn`t believe she killed herself.

I pray she`s out there alive. We`ve got to find her.

There are -- it`s another big story, the power couple of reality TV on the smash hit, Bravo`s "Real Housewives of New Jersey." But soon, will they be

spending all of their time behind bars? You won`t believe what happened to them in court. Judgment day. Breaking news, next.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: It was a court arrival you might expect from "Real Housewives" stars Joe and Teresa Giudice. Swarms of media, shoving and

emotions running high, as Joe`s mother took a swipe at a photographer`s camera.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The sentencing for Joe and Teresa Giudice.

UNIDENTIFIED FEMALE: Today is D-Day for "Real Housewives of New Jersey."

UNIDENTIFIED FEMALE: Nineteen counts?

UNIDENTIFIED FEMALE: Bank fraud, failure to file income taxes and bankruptcy fraud.

UNIDENTIFIED FEMALE: Prosecutors, they want maximum penalty for the couple.

UNIDENTIFIED MALE: The government may show no mercy here.

(END VIDEO CLIP)

VELEZ-MITCHELL: Chaos outside court, breaking news. It was a crazy scene. A hysterical Real Housewife of New Jersey, Teresa, Giudice, breaking down

in front of the judge, saying, "I`m scared." And I`m more sorry than anyone will ever know" as she is sentenced to hard time

in federal prison.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Teresa, what`s going through your head right now? Joe, what are you guys -- what`s going through your head, if you could talk

to your kids?

(END VIDEO CLIP)

VELEZ-MITCHELL: Moments ago, the reality star and her husband, Joe, left the courthouse, where she was given a little over a year to serve behind

bars. Joe was ordered to serve 3 1/2 years.

The couple pleaded guilty to bankrupt fraud, admitting they lied to creditors about their personal wealth. Their legal drama has been front

and center on this season of the "Real Housewives."

Straight out to Ken Baker, breaking news editor of "E! News." Ken, what craziness inside and outside court today? Tell us all about it.

KEN BAKER, BREAKING NEWS EDITOR, "E! NEWS": Well, you know, it was really dramatic. And I think at the center of all the drama is not just these two

adults who are going to be going away to prison for quite some time, but they have four children.

And the judge actually showed some leniency by choosing to stagger their sentences so that their five kids will have at least one parent present.

And we`re told at some time in January, early January, right after the first of the year, Teresa is expected to turn herself 15 months later,

we`re told Joe will then go in and begin his 3-1/2-year sentence.

So that`s a silver lining in this all, is that at least those five children, who by the way, they have one as young as 5, up into the teens.

VELEZ-MITCHELL: Unbelievable.

BAKER: At least they will not be without two parents for any extended period of time. But a real tragedy.

And another tragic element to this, actually, Jane, is we`ve learned that, upon the completion of Joe`s sentence -- he`s actually not an American

citizen -- it is very likely he will be deported back to Italy. And so this is life-changing for him and his family. And a real example was set

of them by the U.S. attorney.

And they claim that this was not "celebrity justice." They weren`t going after them in some unfair way because they were celebrities and make an

example of them. But I`ll tell you, there is a message sent to a lot of people who may be even thinking about defrauding the government after this

really harsh sentence today.

VELEZ-MITCHELL: Yes. Don`t try it, especially if you`ve got a reality TV show. Thank you so much, Ken Baker.

And you can see more on "E! News" tonight at 11 p.m. Eastern. They`re all over it.

Now, just what we were talking about, public reports say Joe and Teresa got it from the judge. The judge yelled at them about inconsistencies and

omissions in financial disclosure forms. The judge reportedly expressed frustration that this couple only declared -- are you sitting down --

$25,000 worth of goods in their $3 million home. Remember, Teresa showed off her home on Bravo.

(BEGIN VIDEO CLIP)

GIUDICE: This is my beautiful kitchen. I wanted to have, like, an elegant look. I love my columns. We have a lot of detail on our trim. I custom

designed my cabinets. I love -- here`s my Gucci glasses. Had to have these. I`m very much into a lot of designer pieces. A Versace vase.

(END VIDEO CLIP)

VELEZ-MITCHELL: Simone Bienne, behavior expert -- yes, $25,000 worth of stuff. Are you kidding me? What were they thinking? What were they

thinking to brag about all this stuff?

BIENNE: I`m sorry to laugh -- oh, my goodness. I mean if you think you`re smart enough to defraud the government then get your story straight. Don`t

start talking about Versace glasses. It`s so absurd. And clearly, they weren`t thinking. They were obsessed by their fame, their power, the

money, their status. Nowhere are we saying, oh, we want to protect our family. So that does concern me but I think she`s lost the plot. Sorry.

VELEZ-MITCHELL: Anahita Sedaghatfar, criminal defense attorney, do you think that the feds were looking at this show going, "Wait a second, here`s

their financial papers, they`re saying $25,000." There`s probably $25,000 in that refrigerator.

SEDAGHATFAR: Yes. I bet that didn`t help, Jane. But them getting sentenced to jail, I think we all expected that. I don`t mean to laugh

either but that was really funny, the Versace glass. These are serious crimes, they pleaded guilty to the crimes and it did not help that they

failed to disclose their assets.

And the judge yelled at them right before the sentencing, this is the time when they were supposed to beg the judge for leniency, beg for sympathy and

yet they failed to be forthright even on the day of their sentencing. I mean that was absolutely ridiculous.

VELEZ-MITCHELL: We have video of her fighting -- ok. Danny Cevallos, you know, there were times where she tried to present herself on the show, I

think it`s the point where she knew she was in trouble, as very humble. But for most of us, we remember her as that woman who knocked over the

table. There we go.

I mean if you`re going to behave this way, aren`t you going to attract the attention of the feds?

DANNY CEVALLOS, CNN LEGAL ANALYST: Well, flipping tables not so much unless she flips her table while she`s in federal court. But what really

would have attracted them is that walk-through, that essentially that MTV cribs that we saw here doing -- excuse me, she`s cursing.

But that walkthrough showed us all of this extravagance. Now remember, what these people did is on one side when it came to taxes, they

essentially told the government or bankruptcy court we have no money. But then when it came to applying for loans, they bolstered the amount of money

that they had. They lied on both ends when ever it was convenient.

Believe me, it`s the extravagance more than table flipping that damned both of these -- both these defendants and ultimately, they fell right within

the law, the expected guidelines. Candidly, they`re probably lucky they got as low of a sentence as they did. It could have been much worse.

Departures were not warranted.

VELEZ-MITCHELL: Yes. You`re right.

All right. Listen, you think this is crazy?

Next up -- Jodi Arias; yes, she`s back and there`s more craziness inside the courtroom. We`re going to talk to a dismissed prospective juror and

get the inside scoop on what`s going in cuckoo crazy Jodi Arias court -- next.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Oh my God.

UNIDENTIFIED FEMALE: 911 emergency.

UNIDENTIFIED FEMALE: A friend of ours is dead in his bedroom --

UNIDENTIFIED FEMALE: The state of Arizona versus Jodi Ann Arias, count 1, first-degree murder, premeditated murder.

UNIDENTIFIED FEMALE: Jodi was Travis` dirty little secret.

UNIDENTIFIED FEMALE: Has he been threatened by anyone recently?

UNIDENTIFIED FEMALE: Yes, he has.

JODI ARIAS, GUILTY OF TRAVIS ALEXANDER`S MURDER: I wouldn`t use obsession. It was a two-way street.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: State of Arizona versus Jodi Ann Arias.

UNIDENTIFIED FEMALE: Most people think what you did to Travis Alexander is insane.

ARIAS: I loved Travis and I looked up to him.

UNIDENTIFIED FEMALE: Were you obsessed with him?

ARIAS: No, not at all. He had a list of fantasies he wanted to fulfill.

JUAN MARTINEZ, PROSECUTOR: She`s the one that stabbed him. She`s the one that slit his throat. And she`s the one that shot him.

ARIAS: I didn`t commit a murder. I didn`t hurt Travis. I would never hurt Travis.

UNIDENTIFIED FEMALE: As to count 1, first-degree murder, guilty.

(END VIDEO CLIP)

VELEZ-MITCHELL: Tonight, boyfriend butcher Jodi Arias looks right into the eyes of potential jurors who look back at her in turn and say, "We want you

dead." Jury selection in Jodi`s penalty retrial -- not going as she hoped; one by one possible jurors being excused because they say they can`t be

impartial. They have their minds made up about what this convicted murderess deserves.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I just couldn`t be impartial.

UNIDENTIFIED FEMALE: She`s guilty as sin. They`re wasting our taxpayer dollars.

UNIDENTIFIED FEMALE: I do not want to be on the jury because I already think she deserves the death penalty.

UNIDENTIFIED FEMALE: She needs to get to prison.

UNIDENTIFIED MALE: Get to prison or death row?

UNIDENTIFIED FEMALE: Death row.

(END VIDEO CLIP)

VELEZ-MITCHELL: Now, that woman who was dismissed from the jury pool is my exclusive guest tonight. Straight out to Barbara Patterson, you watched

every second of the trial. You know about her stabbing Travis 29 times, slitting his throat ear to ear. So what exactly got you dismiss from this

retrial?

BARBARA PATTERSON, DISMISSED FROM JURY POOL (via telephone): Well, when the judge asked if there was anybody that felt like they couldn`t be

impartial based on just the evidence that they were going to see in the courtroom, I had already seen all of the evidence because I watched every

second of the trial. The guilt phase and then the penalty phase. Then, on my own time, I would look up the transcript and I saw the crime photos,

everything.

VELEZ-MITCHELL: Oh.

PATTERSON: So I didn`t feel like I could be impartial because -- and I told the judge that I believed that the first jury should have did their

job. And I said, if they would have done the right thing, none of us would be here right now. And then I looked directly at Jodi Arias and I said,

"You do not want me on this jury."

VELEZ-MITCHELL: Whoa. Now, give us a sense of your impressions of Jodi Arias in this penalty phase. What she`s looking like, what she`s acting

like, her reaction to your comment.

PATTERSON: Jodi, when we filed into the courtroom, she had her chair turned around so she could see. She was looking at everybody when we first

came through the doors. And then when we were saying our piece, whatever, she would directly look at every juror right in the eye, you know, when

they were standing up, telling why they couldn`t be on the jury. She`s looking a little bit peaked, like she`s very, very pale.

VELEZ-MITCHELL: Is she scared? Do you think she`s scared? Do you think - - in other words, look at it this way. Jodi, of course, displays a lot of overconfidence, remember, when she was going into the first trial what she

said? Let`s play it and then we`ll get your comment.

(BEGIN VIDEO CLIP)

ARIAS: No jury is going to convict me.

UNIDENTIFIED MALE: Why not?

ARIAS: Because I`m innocent and you can mark my words on that one. No jury will convict me.

(END VIDEO CLIP)

VELEZ-MITCHELL: So supreme overconfidence. She was convicted. She wasn`t innocent. She ultimately admitted she slit his throat although she said

she was in a fog. Do you think Barbara Patterson, our primetime exclusive guest, a potential juror who was just dismissed -- do you feel that she`s

still self-deluded and thinking "I`m going to walk away from this somehow" or is the reality that she might be given a lethal injection sinking in?

PATTERSON: I think that she has been behind bars and I think she thought she had a lot of supporters on the outside. And I think that she`s

beginning to see what people really think of her. She is scared. She had a different demeanor about her in the courtroom yesterday than she had

during the guilt phase of the trial and even the penalty phase.

She`s not cocky anymore. She`s not acting smug. She looks like a deer in the headlights, like she`s terrified.

VELEZ-MITCHELL: One last question, Barbara, quickly, make a prediction, will Jodi Arias take the stand in this retrial?

PATTERSON: Yes.

VELEZ-MITCHELL: Well said. I agree with you. I think that experts are saying she doesn`t have to, she has experts but I think her narcissism and

her desire for attention will inspire her to take the stand even though the jury foreman in the last trial said that`s what did her in. That she`s a

horrible witness.

All right. By the way, my book "Exposed: the secret life of Jodi Arias", a bestseller, now out in paperback. It`s the definitive book on this case.

You really want to give it a look and read it because I have details that never came out at trial. It`s a perfect primer for this upcoming penalty

phase retrial.

We`re going to be back with more in a second. You will not believe the latest story about Jodi`s glasses and how it`s getting a charity into

trouble.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We have jurors that simply want to be on this jury either because they want to become famous, they want a book deal, they want

their 15 minutes of fame or worse jurors that have some partiality."

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: You`re acting crazy. This is like insane jealousy.

UNIDENTIFIED FEMALE: I feel like a prostitute, Travis -- a piece of toilet paper.

UNIDENTIFIED MALE: It is way too soon to be discussing this.

Marriage -- I know I can say that out loud. I think you and I need to take a break.

UNIDENTIFIED FEMALE: You`re breaking up with me?

(END VIDEO CLIP)

VELEZ-MITCHELL: "Dirty Little Secret" the Lifetime movie.

Let`s go out to the "Lion`s Den" -- Lonnie Coombs, former prosecutor, you just heard it from a dismissed prospective juror, Jodi seems terrified.

Could there possibly be a deal at this late stage?

COOMBS: Well, the prosecutor has said he`s not going to give a deal. The only deal would be to take the death penalty off the table. And he`s

saying no, I`m going forward with this. You know, it`s understandable that Jodi would be a little bit more peaked, perhaps a little more humble. I

mean being in jail, in prison full time is not an easy life.

For anyone, that`s going to be somewhat difficult to live through. You know, it plays with your psyche, it plays with your physical and your

emotions. So that`s not surprising that we`re going to see a different Jodi in that way.

But I don`t see there being a deal. I mean, you know, the prosecutor`s been very adamant. There`s been a lot of people saying, look, why are we

doing this? Why are we spending all this money to go forward again? You`re never going to be able to get a jury that`s impartial. Even if you

go forward, there is going to be a huge appeal issue that the jury really wasn`t that impartial. So we`re wasting our money to do this.

But he has said, no, the family wants this so we`re going to go ahead and keep seeking the death penalty.

VELEZ-MITCHELL: All right. Thanks for that insight.

Jen Wood, reporter, "The Trial Diaries", you`re in court in Arizona -- even her efforts to seem charitable have backfired. Quickly, tell us about the

glasses Jodi wore on the stand.

JEN WOOD, REPORTER, "THE TRIAL DIARIES": Yes. Jodi auctioned off those glasses and they sold for $980, or at least that`s the amount that was

donated to a local charity, St. Mary`s Food Bank. When St. Mary`s found out this came from a convicted murderer they said they were very upset.

The CEO released a statement very upset that their good name was being dragged through the mud by having this donation go to them.

VELEZ-MITCHELL: Well, I want to thank you for giving us your insight. We`re going to stay on top of that case.

Up next, Rico`s back from vacation, back on the job and we have a story that will -- well, you`re just going to have to wait and see. Shocking.

(COMMERCIAL BREAK)

VELEZ-MITCHELL: Hey little Rico, tonight baby monkeys in peril, an uproar and a huge backlash over the University of Wisconsin at Madison`s plan to

experiment on baby monkeys and then kill them and study their brains saying they hope to gain insight into anxiety and depression. Frankly just the

thought of these experiments is giving a lot of critics anxiety and depression.

Tonight more than 300,000 people have signed a change.org petition demanding this taxpayer-funded experiment be stopped. Now we`re going to

show you what a rhesus monkey looks like. The reports are the plan is to take 40 newborn rhesus monkeys, separate half from their mothers, then

produce anxiety in them then kill them all and study their brains with new imaging equipment.

Now this is footage we`re going to show you now different monkey experimentation. This is a file video of some lab experimentation in the

U.K. and we show it to you to say monkey experimentation in general is highly controversial because these are highly intelligent, emotional

creatures.

Well now, a doctor who graduated from the University of Wisconsin Madison School of Medicine has started this change.org petition to stop these

experiments calling it terror testing. The petition`s exploded online.

This is video of monkeys who have just been torn from the wild accompanying each other. Critics say baby monkeys need their moms just as much as human

babies do.

Straight out to Wayne Pacelli, the president of the Humane Society of the United States -- your organization said this planned experimentation should

be stopped. Why, Wayne, do you think it`s morally wrong.

WAYNE PACELLI, PRESIDENT, HUMANE SOCIETY OF THE UNITED STATES: Well, you did a great setup, Jane. This is maternal deprivation work and the

University of Wisconsin is actually notoriously known for having done this, decades ago, taking babies from their mothers -- babies need their mothers

-- and seeing what happens psychologically as a consequence. Now the University of Wisconsin Madison says this is different, but it sure has

eerily similar dimensions.

We know that anxiety, we know that depression are big problems but we have lots of clinical and epidemiological ways to study it and not take babies

from their mothers, subject them to human intruders to snakes to get them to be in an even higher state of anxiety. It really is wrong on so many

levels. We`re calling for the University of Wisconsin to stop these experiments.

VELEZ-MITCHELL: This is monkey video, monkeys of the wild being happy. We reached out to the University of Wisconsin at Madison, they sent us the

following statement, quote, "Instead of solitary confinement as the change.org petition irresponsibly reports, UW Madison researchers selected

a method of peer rearing in which young monkeys are raised by human caretakers and alongside monkeys of a similar age. Peer rearing was chosen

because it has reliably produced mild symptoms of anxiety in young monkeys. This allows researchers to use modern biochemistry and brain scanning

methods to study the monkeys` brains examining differences that may illuminate important avenues for treatment in humans." The full statement

is going to be posted on our Web site and my Facebook page.

Wayne, they say this induces only mild anxiety but they kill the babies at the end, don`t they?

PACELLI: The whole point of the exercise is to create anxiety, to create depression and then these animals who can live to be 35 in their natural

state are killed between one year and 18 months, after having lived a terrible life -- all for what? I mean of course we have human mental

disorders that need study but not this way.

Primates are so intelligent. We`ve got moral duties to them. There needs to be a much higher standard. This doesn`t reach that standard.

VELEZ-MITCHELL: You know, it`s so interesting, we`re trying to end depression hypothetically. I`ve always said philosophically you don`t stop

violence with more violence. You don`t end depression by creating more depression. Is there something philosophically that`s at odds with your

thinking about how to make this world a better place -- Wayne?

PACELLI: Well, you know, obviously our understanding of mental disorders and mental states has increased dramatically in the last few decades. We

have so many people who are going through so much, I`m sure we`d have so many volunteers to participate in studies to examine what some of the

factors are that induce this, and of course, obviously we want treatment.

This is just the wrong way, it seemed so archaic for the University of Wisconsin to go back, after it really had the big experiments in this

category of research decades ago, that was panned by scientists for really being kind of a dead end, didn`t produce anything of value for society.

VELEZ-MITCHELL: So again, 300,000 people and counting have signed a petition saying it will stop. The statement we got says the research has

the full support of the university. It is not open to any reevaluation other than the judgment of the researchers involved as they learned from

their results. Essentially this statement says we`re not going to stop it. Do you think that it can be stopped? What should people do if they want to

stop it?

PACELLI: Well, obviously this is publicly funded research, so the National Institutes of Health, which by the way, just made a very important decision

to stop supporting research from Class B dealers where dogs are randomly gathered and funneled to research. They ended that as of yesterday and

they also --

VELEZ-MITCHELL: Great.

Pacelli: -- about a year ago made an important decision to move chimps out of labs toward sanctuaries. Almost all the chimps that are government

owned. So NIH is moving in the right direction. This is the wrong direction and I think the public should contact NIH and also contact the

University of Wisconsin at Madison and say "End this". This just does not make sense.

VELEZ-MITCHELL: Wayne Pacelli, head of the Humane Society of the United States -- thank you for joining us.

PACELLI: Thank you.

VELEZ-MITCHELL: They can`t speak for themselves.

Nancy next.

END