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Don Lemon Tonight

Who Murdered the McStay Family?; Tension Building in Ferguson; NH High School Boys Selling Sexts; Why Do We Treat Sexually Abused Boys Differently?; Univ. President Apologizes for Rape Remarks; Matthew Badger's Christmas Day Tragedy

Aired November 11, 2014 - 22:00   ET

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

DON LEMON, CNN ANCHOR: Boy, what an emotional moment.

This is CNN TONIGHT. I'm Don Lemon.

You just saw the story so far. But the mystery of the McStay family is far from over. Even after the arrest of Chase Merritt and the discovery of the McStay's body in shallow graves in the desert three years after they vanished.

CNN's Randi Kaye has been on this case from the start looking for answers. Was someone else involved as Joseph McStay's father believes? What was the motive? Will there ever be justice for Joseph, Summer, Gianni, and Joseph Jr.

And Randi Kaye joins me now.

Randi, remind us again where does the suspect, Chase Merritt, say he was that day and night that the McStay family disappeared back in 2010?

RANDI KAYE, CNN CORRESPONDENT: Well, Don, Chase Merritt says that he had lunch with Joseph McStay that day and they talked business, he said business was booming, and they had a really nice lunch. He said that they talked about 12 or 13 more times later that day.

But here's the key. He said that he was home that night when his cell phone rang. He says that Joseph McStay called him from his cell phone about 8:28 p.m. that night. He said he was too tired, he was watching TV with his girlfriend. He said Joseph McStay likes to talk a lot and he didn't want to have a long conversation so he didn't pick up the phone. He did tell me during our interview that he regrets not picking up that call.

And we asked Patrick McStay about that, Joseph McStay's father. And here's what he had to say.

(BEGIN VIDEO CLIP)

PATRICK MCSTAY, FATHER OF THE VICTIM: How did we know where Joey's phone was?

KAYE: Are you suggesting that it was Chase calling? MCSTAY: Maybe he was calling himself. I don't know.

KAYE: What would be the reason for that?

MCSTAY: Nice way to form an alibi.

(END VIDEO CLIP)

LEMON: Randi, so is Patrick McStay suggesting that maybe Chase wasn't really at home that night or didn't really get a call from Joseph McStay?

KAYE: Sort of, Don. I mean, what we know from authorities is that Chase Merritt's cell phone was at home, we just don't know if Chase Merritt was really at home even though that's what he told us because his cell phone did ping off the tower near him. So the question is, did Chase Merritt have Joseph McStay's cell phone at that point? Was he using Joseph McStay's cell phone to text people, and text his wife and then even use it possibly to text himself?

What we don't know is whether or not Joseph McStay was still alive at that point or if somebody else, Chase Merritt or somebody else, was using the cell phone to make it look like he was. But we did talk about that with Patrick McStay. As you saw we talked about a lot of different topics with him. We also asked him what he thought of Chase Merritt's demeanor during our interview with Merritt.

(BEGIN VIDEO CLIP)

KAYE: You're a shrewd investigator. You watched our interview with Chase Merritt, how would you describe him? What did you think?

MCSTAY: Kind of look a cold fish. A dead fish. He is just like no emotion. Like you could talk to him about winning a million dollars or you could talk to him about killing somebody or you could talk to him about what he's going to eat for dinner and the emotions won't change.

KAYE: You sort of defended Chase Merritt early on?

MCSTAY: I sure did. I sure did. I had to be his friend, didn't I? Now what would happened if I had come out and been his enemy right off the bat?

KAYE: Is that why to keep him close?

MCSTAY: What's the old saying? Keep your friends close. Keep your enemies closer?

(END VIDEO CLIP)

LEMON: Cold fish, Randi. What could be the motive?

KAYE: Well, what Patrick McStay thinks is the motive is money. Because Joseph McStay had a business of making custom waterfalls. And Chase Merritt was one of his welders. And Patrick says that his son had told him that Chase Merritt's work was getting a little sloppy. He was considering maybe cutting him, maybe bringing in another welder.

And Joseph McStay, Don, had just landed a $9 million deal to make these custom waterfalls. So Chase Merritt did stand to lose a lot of money if he was cut out of the business -- Don.

LEMON: When you were working on this documentary did you have any idea that they were going to find what they found and that it was going to come to this conclusion this quickly?

KAYE: No. I mean, we -- when we were working on the documentary, we wanted to talk to everybody who was involved, whether it was authorities, or friends, or loved ones. We spent two hours with Chase Merritt. He was friendly. He didn't show a lot of emotion. But he was very nice and friendly to the crew. He seemed pretty direct in his answers.

But I had no idea that they were -- that they were looking at him. From what I understand from Patrick McStay, he didn't suspect Chase Merritt in the beginning but he was doing a lot of his own investigations and he uncovered some things that couldn't share all of it with us, that definitely started to point in the direction of Chase Merritt. And I guess authorities were on board with that as well.

LEMON: Great work on the documentary.

Randi Kaye, thank you.

KAYE: Thank you.

LEMON: Now I want to bring in forensic anthropologist Kathy Reichs, author of "Bones Never Lie," also freelance investigative reporter, Steph Watts. He has been following this case since the very beginning and he went into the McStay home with investigators, hired by the family.

First to you, Steph. What have you learned about Chase Merritt in your reporting?

STEPH WATTS, FREELANCE INVESTIGATIVE REPORTER: Well, what's interesting about Chase Merritt we learned he is a career criminal. He's been committing crimes since the '70s. He's been in and out of jail.

But the interesting thing, Don, is none of these were violent crimes. They're all petty crimes. But he did spend a lot of time in jail. And what we've learned about now, especially from seeing Randi's interview, is that he's probably classified as a sociopath.

LEMON: Why do you say that?

WATTS: Well, because you can see that what he has done is he deceived everybody from the beginning. He put himself as the last person to see the McStays. He put himself to see Joseph. And he was the first one in the house. And just -- the way he lies. If you look at his words and the things that he says.

He would be -- and I spoke with a lot of experts about his actions and his behaviors based on Randi's great interview. And he's -- one of the best liars I've ever seen, I'm going to be right up honest with you about that.

LEMON: And Kathy, do you agree with that? He says best liars he's ever seen and a sociopath?

KATHY REICHS, FORENSIC ANTHROPOLOGIST: Well, I'm not really qualified do a psychological assessment of a suspect. What I focus on is the physical evidence. And I think what's ultimately going to have to happen is that the police do have some physical evidence. There is something that was found with those skeletal remains or something that has been found in the home where supposedly this murder took place. It is going to tie to this suspect.

LEMON: Let's talk about the physical evidence, Kathy, because the bodies were found in two shallow graves in the Mojave Desert exactly one year ago today. How does that climate impact the preservation of the evidence?

REICHS: It's a very good climate for preservation. It would tend to be very dry. A body might decompose or a body might mummify. And in a dry context like that, there is a higher probability it's going to mummify. But you're going to have better preservation in general of clothing, hair, fingernails, perhaps even soft tissue that's atrophied and mummified. So the possibility of finding physical evidence associated with that is better.

LEMON: All right. Steph, let's talk about other evidence here because, you know, lots were made about the phone and the phone call. What do you think of Merritt? What do you think Merritt did with Joseph McStay's phone?

WATTS: Well, we know from San Bernardino's press conference that they found incriminating evidence at those -- the gravesites. So, you know, whether or not the phones and personal belongings of the McStay family were in those graves we won't know it, certainly learn that information at trial. It's hard to say. It's a big area. He had lots of time to -- well, potentially clean the crime scene. He had access in and out of the house. He would have tons of time to also get rid of incriminating evidence particularly the cell phones.

LEMON: Do you think that the clues in the beginning were to send investigators in the wrong direction? Do you think they were planted?

WATTS: Absolutely. One hundred percent. We were told, everybody was told that the car was left at the border. We see this family going over the border. The mistake that they made initially was they put all their eggs in one basket. They only followed that one lead. It was a crucial mistake they set up -- whoever did this crime set it up that that family went to the border and willingly crossed over the border. Then we learned, you know, months and months later that that wasn't the case.

LEMON: Yes.

So, Kathy, police say that the McStays died of blunt force trauma. How were they able to determine that even a year, you know, after the bodies went missing?

REICHS: Well, if there is significant blunt force trauma, you're going to have fractures. You're going to find cranial fractures, for example. You're going to find perhaps defensive fractures if the arms were thrown up in order to defend yourself against an attack. So you're going to see that on the bones.

LEMON: Yes. I should have said a year after they were found. They were missing for three years after they went missing.

So, Stephanie, Patrick McStay -- or Steph, I should say, Patrick McStay told Randi Kaye that he doesn't think that Merritt could have killed four people, two adults and two children, on his own. Do you think that there possibly was an accomplice?

WATTS: I believe -- I have my opinion on that. I mean, San Bernardino was telling us that the crime happened in the house. There was blunt force trauma. And it was one person and one person alone. They believe that to be Chase Merritt.

Now are they telling us because, A, that's the truth? Are they telling us because if somebody else is involved and making that person relaxed, they're not on to me? Or did somebody come forward with information and already make a deal?

I don't know. But I believe actually he could have committed these crimes because I don't believe Joseph was actually killed in the house. I believe the rest of the family was killed in the house. I believe Joseph was killed miles and miles away when he went to initially meet Chase earlier that day.

LEMON: Steph Watts, Kathy Reichs, thank you very much for joining us here this evening on CNN.

I want to turn now to the situation in Ferguson, Missouri, where tension is building in the days leading up to the grand jury decision on whether to indict Officer Darren Wilson in the shooting death of Michael Brown.

CNN's Sara Sidner is there for us live now.

Sara, Governor Jay Nixon held a news conference today about police preparation for the grand jury's decision. Take a listen to what he said.

(BEGIN VIDEO CLIP)

GOV. JAY NIXON (D), MISSOURI: This is America. People have a right to express their views and grievances. But they do not have the right to put their follow citizens or their property at risk. Violence will not be tolerated. The residents and businesses of this region will be protected. (END VIDEO CLIP)

LEMON: Sara, the reaction in Ferguson tonight to what the governor had to say?

SARA SIDNER, CNN CORRESPONDENT: Well, it depends on who you ask. You know, some residents we talked to said, well, they like the reassurance. They want to make sure that they are safe. You know, as far as parents. Want to make sure that their children are safe. And that that apparatus is in place.

However, when we talked to some of the protesters, they said there is just so much going on. And they really had hoped that the governor would take more into account with some of these coalitions, these activist groups have come up with which included that, you know, 19 question declaration, asking the governor to look at many different things, including whether or not police would react if, for example, protesters would throw things like, you know, water bottles at them.

Asking for a few different things like a 48-hour notice as to when the grand jury was going to make its decision. An announcement would be made. But the protesters in general sort of feel look it's a little bit premature. But they're also talking about how they realized that everyone is nervous about what might happen when that grand jury announcement comes out if indeed they decide not to indict Officer Darren Wilson in the killing of Michael Brown.

LEMON: So let's talk about the parents of Michael Brown now. They are in Geneva, Switzerland where they spoke to the U.N. Committee Against Torture. What did they tell the committee?

SIDNER: Look, they were talking about the effect, that this has had on their lives. And they don't want anyone else to ever have to go through it. You know, obviously this is an issue that has brought up a big conversation in America. And really around the world. And they were able to sort of bring their personal story to the U.N. And here's what Michael Brown's father, Michael Brown, Sr., had to say to that committee.

(BEGIN VIDEO CLIP)

MICHAEL BROWN SR., MICHAEL BROWN'S FATHER: We understand that our son is gone. But the movement will be that we are trying to make sure that this doesn't happen to anyone else. That no one else have to feel how we feel. So, yes, the protests will carry on. In a positive manner.

(END VIDEO CLIP)

LEMON: So, Sara, even though --

SIDNER: So you heard there. He said that if -- he said if there wasn't going to be an announcement, an indictment, Don, that he and his family would be out with the protesters.

LEMON: So my question is -- you know, off of what he said, even though the Browns want protests to carry on in a positive way, are residents worried about people coming out from adjoining towns, from other states and exploiting the situation similar to what happened there this summer?

SIDNER: Yes. There is definitely concern on the residents' parts, on the business parts. Of course law enforcement, of course the city itself. But we also have to keep in mind that a lot of the people that are out protesting are also residents of Ferguson itself. In fact, this is now the 91st day that the protests have gone on. And a lot of the folks that have been here throughout are actually residents of Ferguson or St. Louis.

One of the other things that has been brought up many, many times. Protesters themselves have told me this sort of behind the scenes is that there are small groups of people that they are concerned might try some violent acts. And what they've been telling people is, if you're going to be violent, you are not with us, you don't -- you do not represent this movement.

The police obviously saying the same thing. But there has been a lot of consternation with protesters saying, you know, the police reaction the first time really escalated things and they're hoping that that doesn't happen again. The police saying we're just trying to keep people safe -- Don.

LEMON: All right. Let's hope there is peace.

Thank you, Sara Sidner in Ferguson, Missouri, tonight.

We've got a lot more to get to including this, the story behind the subway brawl that everyone is talking about. You have to see this.

Is hitting a woman ever OK?

And scandal at a New England high school. Male students accused of sharing and selling nude photos of female students. But is teen sexting the new first base?

Plus outrage over the university president who said this to his female student.

(BEGIN VIDEO CLIP)

ROBERT R. JENNINGS, LINCOLN UNIVERSITY PRESIDENT: And let me tell you why I know I'm right about it. I'm right about it because we have on this campus, last semester -- had on this campus last semester three cases of young women who after having done whatever they did with young men, and then it didn't turn out the way they wanted it to turn out.

Guess what they did? They then want to public safety and said you raped me. So then we have to do an investigation. We have to start pulling back the layers and asking all kinds of questions.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

LEMON: President Obama offended some people in China by chewing gum at the summit. Should he have known better? Jeb Bush, will he run in 2016? His brother, the former president weighed in today. And New York City's turning point on pot.

Lots to discuss. Michael Smerconish, CNN political commentator and anchor of CNN's "SMERCONISH."

So, Mike, I'm going to hold up today's "New York Post." It's hilarious. Of course, it says, "Joint Chiefs," and it's got the Police Commissioner Bill Bratton holding up a bag of weed, what looks weed. It says, "Blast Bill, High Time to Bag Hot Bust."

So, Michael, my question is, pot laws in New York City. Do you think that it's a turning point? You know, when it comes into -- to ticketing for an offense instead of arresting people. Is that a smart way to go?

MICHAEL SMERCONISH, CNN ANCHOR, "SMERCONISH": I think it is a smart way to go. And Don, we have the same debate playing itself out here in Philadelphia where Mayor Michael Nutter has done likewise.

I know as an attorney the way the prosecution of those cases can clog up the judicial system. And so I think the question people ought to be asking themselves is would you rather have the system dealing with those de minimis pot possession cases or more serious offenses?

Nobody is saying you get a total free ride but it makes it much, much easier on the part of law enforcement to deal with those offenders. Offenders that you know get arrested disproportionately, those who are people of color. So I think it's a smart thing. I think it's a smart way to fight crime.

Of course, Commissioner Bratton, this seems to run contrary to the whole broken windows theory. And some say well, aren't we suppose to deal with the small crimes before they grow into major crimes.

I just don't think that the person who's got a joint on them is necessarily going to grow into a larger career criminal. So I'm fine with it.

LEMON: All right. OK. Let's move on now and talk about the president arriving at the economic summit in Beijing. I'm sure you saw the video. He was chewing gum. So far, though, it is really the most memorable moment or one of the most memorable moments of the trip.

Should the president have been a little more aware of appearances in light of, you know, the preparation that the communist party put into this summit?

SMERCONISH: I know that if I were in his shoes, I know my mother would be on the horn right now giving me a workout and telling me that I like gauche if I were chewing gum in public like that. I don't think it's a big deal. Frankly I would rather he had tossed it out before he walked into that public setting.

You and I both know that there are a lot of folks among us who are going to ride him for -- if they weren't riding him for the gum, they would be riding him right now for the get-up that he was wearing, although all the other world leaders were doing likewise.

LEMON: Yes. It said it was Nicorette, though, so you brought up a great question in the break. Would you rather that or would you rather a cigarette, right?

SMERCONISH: Yes, I think we all know, right, that the guy has had a struggle and has been fighting a nicotine habit. And, yes, I'd rather have him chew the Nicorette than smoking a cig.

LEMON: I thought I was the only person that used the word gauche but it's glad -- I'm glad to see that someone else does.

SMERCONISH: Don't ask me to spell it.

(LAUGHTER)

LEMON: President Obama -- I could, but I won't.

President Obama wasn't the only one in the summit that China -- in China that some felt acted inappropriately, Michael. Putin caught on camera placing a shawl on the shoulders of the Chinese leader's wife.

So what's going on with world leaders? Is this -- I mean, is this really behaving badly on a global stage? What's wrong with putting a shawl on someone's shoulder?

SMERCONISH: I'm no Putin fan. But I cannot buy into the Internet lore. And I'm sure you paid attention to it. People think he was hitting on her. I think he was just being chivalrous. I think he was just being a gentleman. I don't know if she was chilly or what. I do notice that she slipped that baby off in a hurry. But, you know, I think he was being a gentleman. I'll cut the guy some slack.

LEMON: Yes. I didn't think he was hitting on her either. I don't understand the moment but -- and I agree with you there.

I want you to take a look, though, at this painting. It's George W. He painted this of his dad. George W. says that -- in his new book that Jeb may run for 2016. Do we have the painting? There it is.

And so as we look at that, here's what he had to say on the "Today" show.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, FORMER U.S. PRESIDENT: It becomes sheer speculation until he says, I'm in. If he chooses to run he'd be a formidable force. You know, and there would be a lot of, too many Bushs. He understand that. I understand that, too. They said that about me.

(END VIDEO CLIP) LEMON: He had some really nice things to say about his father. It was a nice moment. But why can't we get past our former first families to find our next candidate, Michael?

SMERCONISH: I think it's familiarity. Truly it's the devil that we know. We're more comfortable with. I don't mean to imply that the Bushs are devils. I don't see them that way. But I think that frankly, you know, we know who they are as opposed to X, the unknown, and therefore we tend to go with familiarity, whether it's the Clintons or whether it's the Bushs.

And I have to say, Don. It sure does seem like the pieces are falling into place. There was another line that W had where he was asked about his mother's opposition to Jeb running and he said, well, you know, mom was opposed to me running against Ann Richards back when I was going to run for governor of Texas. I don't think that will stand in his way.

What I liked about the event today is I like the fact that Papa Bush, Bush 41, is getting the recognition that I have long since believed he deserved. And I should tell you, I served in his administration in a some cabinet level position. But I think Bush 41 is a terrific guy who never got his just due. He never wrote his own memoir.

LEMON: Yes.

SMERCONISH: When he left the White House, he assembled a whole series of letters that defined his career. And you know he's always lived that adage of don't go bragging on yourself. I think it's fine for his son to be writing this kind of a book. And I just got it today. I'm excited to read it.

LEMON: Do you remember when you brought up Ann Richards? I remember she had that signature, "Poor George, who's born with a silver foot in his mouth." Remember? She used to do that all the time.

SMERCONISH: Exactly.

LEMON: So -- and finally, I want you --

SMERCONISH: That's right.

LEMON: I want you to take a look at this because this caught everyone's attention. This video, it's from a New York City subway. Early morning hours. And the scene quickly got out of control. Look at this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: What are you talking about? (EXPLETIVE DELETED). You got a (EXPLETIVE DELETED) jacket that came out in the 1990s.

(CROSSTALK)

UNIDENTIFIED FEMALE: What did you call me? What did you call me? (END VIDEO CLIP)

LEMON: Wow. That was some slap. Millions have seen this video. Lots of comments online. Most of the people say she deserved to get hit. What do you make of it?

SMERCONISH: No. She -- she, whoever she might be, the she in this case, or the she in any case, never deserves to be hit. I couldn't understand what exactly she was saying. She was clearly in his face but it's absolutely inexcusable.

I wonder how much of what we saw in that subway car was playing itself out for the benefit of whoever was holding the smartphone and recording it because my hunch is that they all knew that this moment was being recorded and were playing a bit to the cameras.

LEMON: It's interesting, though. You -- listen, you're one of the few who says that she should not be hit. Most people online said she hit him, therefore she deserved what she got. But again, you should never hit a woman.

Thank you, Michael Smerconish.

SMERCONISH: No, never. No circumstances.

LEMON: We'll see you next time. Thank you.

Up next.

SMERCONISH: Thank you, see you, Don.

LEMON: Teens and sexting. Is it a modern way to flirt? Is sexting the new first base?

We're going to debate that when we come right back.

(COMMERCIAL BREAK)

LEMON: If you are the parent of a teenager, I'm gonna say a word that may make you cringe, sexting, sending sexually explicit messages and photos through a cell phone or other device. At a school at a high school in Exeter, New Hampshire, several boys were allegedly found to be sharing and even selling nude or partially nude photos of girls from the school.

So I want to talk about all this with Civil Rights Attorney Gloria Allred, Nev Schulman, host and executive producer of "Catfish", the TV show and then Mel Robbins, CNN commentator and legal analyst. Mel, I'm gonna start with you. These boys in a New Hampshire -- that New Hampshire school, they're not just passing around naked photos of classmates, they're allegedly selling them for hundreds of dollars, but the superintendent of the school says this incident is a relatively minor incident in the scheme of life. Is that right?

MEL ROBBINS, CNN COMMENTATOR AND LEGAL ANALYST: Well, I'm not sure whose life he is talking about. It's a relatively major incident in the scheme of life for these young women who are being victimized. And Don, what parents across America need to understand is that these boys are breaking the law. It is illegal in the state of New Hampshire and in most states in the United States to possess, not to mention to distribute, sexually explicit, naked images of minors. And so, not only are these boys engaged in criminal activity, but they could also be tried, convicted and charged as sex offenders. So for a principal to basically dismiss this, as a quote, "minor incident" in relatively the scheme of life is a complete joke and frankly he's wrong.

LEMON: And I've heard some people say, you know, this is no different than boys looking at dirty magazines. But again, no, these are minors who you know...

ROBBINS: Who created a magazine and are now selling it for publication.

LEMON: Right.

ROBBINS: With, with young girls who have not consented to their images being displayed. This is, a keen to somebody taping child for -- this is, under the law, the same as somebody distributing what we call child pornography. And it is illegal, Don, and it's really scary. I mean, yes, kids are sexting, but they're not taking photos of other kids and selling them to people.

LEMON: OK. All right, Gloria, we should say that the principal at Exeter High School says that he can't comment on ongoing litigation right now. And the police chief says there are no charges and that of punishment is up to the school. Is that enough though?

GLORIA ALLRED, CIVIL RIGHTS ATTORNEY: No, it's not enough though, absolutely not, because the principal should be taking a leadership role. And the principal should be saying, "We're not gonna have that at our school." Because, everyone is entitled to equal educational opportunity, free of sexual harassment. Free of sexual abuse. Free of the hostile educational work place. And these students, and the young women for example, the girls, who are depicted in these images, these naked photos, they are gonna have lifelong consequences from this. Because, you know, they may have taken them, I'm not saying they shouldn't have taken -- that they should have taken them, or allowed someone else to take those images. But, these images now are gonna be there forever, and then some, and it can affect them in getting -- try to get a future. It might affect them -- you know, future scholarship opportunities. All kinds of consequences, job opportunities.

LEMON: Right.

ALLRED: And this is gonna be very devastating as Mel has said for these young girls.

LEMON: Nev, I believe that you said that it is not a new idea that kids want to flirt and to be promiscuous. This is new first base, is it?

NEV SCHULMAN, HOST AND CATFISH SHOW EXECUTIVE PRODUCER: Well, yeah, I mean, it's very clear that young people now have a familiarity with digital communication unlike any other previous generation. And I think it's obviously no surprise that with the influence of organizations like TMZ, and with social media hacks happening more and more often, there seems to be a culture of rewarding people now for distributing material that goes viral or that people enjoy.

And so, even though the consequences may not have occurred to them, they were probably more focused on sort of the idea of being heroes of having this, inappropriate material distributing it, not even thinking anything bad would happen. Because, as we've seen, even when celebrity or the people of cultural importance have their privacy hacked, usually it's more to the enjoyment of the internet than anything else, and sure those people are upset, but they can get over it and we continue and move on to the next person, sort of privacy gets hacked. So, it's part of a bigger discussion.

LENON: You know, Gloria talked about this little bit, but Nev, I want you to continue because -- are same girls who are sexting today, the ones that went all the way back in the days, such as the coming of age, sort of on steroid because of the -- you know, technology?

SCHULAMN: Well, absolutely. I think that there is a new tendency for younger people to engage in this sort of thing. Where as in the past, I guess if they wanted to share racy photos they would have to take a Polaroid. Now, every teenager has a device that can potentially publish photos of themselves to the world, and if the wrong person gets their hands on it that is exactly what happens. So I think, maybe these desires are no different than they were back before cell phones, but now that everyone has them, we have just to be so much more careful and so much more proactive in talking about these things and helping people understand that even a sex message to a classmate who you trust, can easily fall into the wrong hands.

LEMON: All right. Stick around everyone, because coming up, outraged, University president makes a speech to female students and suggest that some women lied about rape. Was he blaming the victims? And is an apology really enough in this case?

(COMMERCIAL BREAK)

LEMON: Back now is my panel, Nev Schulman, Gloria Allred and Mel Robbins. Gloria, you know we've heard a lot about female sex predators lately, today you announce a lawsuit involving five team boys who sexually assaulted in high school in Grand Rapids, Michigan, by a female teacher. We talked about a little bit last night here on CNN. But she is now in jail, so why sue? Why use Title IX?

ALLRED: Yes, she is in prison and that where she belongs. And we are suing the school today, Grand Rapids University Prep Academy in Grand Rapids, Michigan. Because, we contend that in fact they have denied equal educational opportunity to these young students who were the victims of child sexual abuse by this teacher. In fact, after this abuse occurred and in fact it was the parents of one of them, that brought it to the school's attention. There was no investigation done by the school. They did nothing to assist the victims. They did nothing to accommodate the victims and they didn't think to support them, and in fact we all to realize they been retaliated against them and even encouraged one to, to change schools.

LEMON: Yeah.

ALLRED: And not to continue at that school. And those children need to be supported where they are, and they are entitled to that under the law and so we allege their constitutional federal rights were violated, because of what they suffered at the school.

LEMON: OK.

ALLRED: This is a whole new area, and they need to do better.

LEMON: All right. Mel, the school district spokesman says that they can't comment on pending litigation against -- so as may not comment on pending allegations. But, let's take a look at one of the mothers of the boys from the press conference today what she had to say. Here she is.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Some people say that the boys should be fine because they're boys. But boys who are victims of child sexual abuse they get hurt too. And they are affected negatively.

(END VIDEO CLIP)

LEMON: What she is trying to say Mel, is that boys are treated differently than girls when they claim to be victims of sexual assault.

ROBBINS: Yeah, they are, and they shouldn't be. I mean, we were talking about this last night on you show with Dr. Drew, and the fact that one out of every six boys before they reach the age of age teen, it's estimated they're the victim of a sexual molestation. And so, Gloria is absolutely right. And what I love about what they're doing in this lawsuit is they're actually going beyond just the criminal law and, what the teacher did individually to these students and they're saying, hey, wait a minute. You employed this woman then acted in certain ways in which retaliated against victims of sexual abuse, in this woman's convicted, and you're denying these kids an education and you're denying them the support not only is that immoral and disgusting, but it's illegal under the law. And what I love about this lawsuit is that, now we are kind of raising not only the -- the conversation away from just the individual predator, but to an institution.

LEMON: Yeah, it also may encourage other people to come forward with information like this.

ROBBINS: Yes, yes.

LEMON: OK. So, I want to move on now, and talk about university president, apologizing for comments he says were taken out of context. Comments that sounded a lot like accusations to some female students about that they lied about rape. So listen for yourself, Lincoln University President Robert Jennings, in a speech, two female students this is back in September.

(BEGIN VIDEO CLIP)

ROBERT JENNINGS, LINCOLN UNIVERSITY PRESIDENT: And let me tell you why, I know I'm right about it. I'm right about it because, we had on this campus last semester and on this campus last semester, three cases of young women who after having done whatever they did with the young men, and then it didn't turnout the way they wanted it to turnout. Guess what they did? They been went to public safety and said, "He raped me."

(END VIDEO CLIP)

LEMON: So, the school president of university seems to be saying that women lie if they don't get what they want. What do you make of that? I want to ask you that Nev, as a man, what do you make of that? There's at -- where did you find what he said offensive?

SCHULMAN: I did. I was watching it earlier actually on line. And at first I was sort of, confuse as I thought about it more, I realized in many ways how absurd that comment is. And I think it falls in line with a theme we've seen more and more, especially lately, with women feeling is though they're not being taken seriously when they express real concerns about their personal physical safety. And I think it begs a discussion that we are having now, and should be continuing to have with, college aged students and younger ones. Just about, what's OK, what's not OK, you know, what we see in entertainment and in pop culture versus what our actual real expectations and realities. There is a very blurred line now between what's acceptable and not and it trends online and the people think it is funny in a music video, they're more likely to think, oh, that's OK, I guess that's how women prefer to be treated, and it's just ridiculous. You know, I'm glad to be having the conversation.

LEMON: What message does his speech send to any woman, who was raped and might be thinking of coming forward, Gloria?

ALLRED: And that is the point, the key point, Don that you're making. It sends a chill -- it makes a chilling effect. It creates a hostile environment on that campus for women who are raped or victims of sexual assault, and who are thinking of coming forward. Because now, they may fear that in fact the president has created an environment where they are not going to be believed, where there is going to be futile for them to come forward and in fact they may be -- greeted with resistance and treated as liars, so what is the point? I think that the Office of Civil Rights, United States Department of Education, would be very upset to hear the president's statements. And in fact, any victim could use that in a potential law suit against the college.

LEMON: Yeah.

ALLRED: For a violation of Title 9.

LEMON: Let me tell you the president that he apologized and let me read his statement for this. I message was intended to emphasize personal responsibility and mutual respect. I apologized for my choice of words, I certainly didn't intent to hurt or offend anyone. We'll continue to talk about this. Well of course, I've got to run. Thank you, Nev. Thank you, Mel and thank you, Gloria. Appreciate it.

A Christmas day fire claims the lives of three beautiful little girls. Coming up how their father is putting his life back together and making it his mission to help other children.

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LEMON: On Christmas day, 2011, Matthew Badger suffered in almost on imaginable tragedy, losing three young daughters along with their maternal grandparents in a house fire in Stanford, Connecticut. Most people would have crumbled after a loss like that. But, today Matthew Badger is taking the tragedy and doing something positive with it.

Joining me now is Matthew Badger, he is the founder of Lily Sarah Grace, the fund he has established in their memory. Thank you for joining us. May I call you Matt?

MATTEW BADGER, FOUNDER OF LILY SARAH GRACE: Yeah.

LEMON: OK. So Matt, every year, around this time since your daughters -- this is the holiday season. Does it bring it all back? This is a family time? Do you relive that?

BADGER: Absolutely, yes. I mean, it's a very difficult time for me, and it's difficult time for Abby, my partner. And we, sort of close ranks with my family, and spend time together and pay tribute to the girls.

LEMON: You know, it's -- most people can't find enough time in the day just to get everything done, you know just in a normal day without such incredible loss. But you have, since you started your fund, right your fund, called, The Lily Sarah Grace fund, it supports arts programs in low income schools. So far you have helped 160,000 students, plus more. How did you know that this was way you wanted to honor your daughters?

BADGER: Well, I think that the -- the drive was to help children, and that, if I was helping children in some way that would be a great comfort to me. The hope in the very beginning was, if we can help one classroom, that would be enough, and it just snowballed after that.

LEMON: Why did you pick this particular project?

BADGER: Lily, Sarah, Grace were children that were highly intelligent, but they were diagnosed with dyslexia. And dyslexia in schools is you basically got a ticket to fail. It doesn't matter if you're going to a private school or a public school. The majority of schools do not have an answer for dyslexia.

LEMON: But they were bright, they were bright girls...

BADGER: Absolutely.

LEMON: And very artistic, correct?

BADGER: A very, very bright girls and I think there's a lot of children across the country who are extremely bright, and have -- don't show the intelligence in literacy and in mathematics and therefore, they have an extremely difficult time in schools.

LEMON: Do you have had a lot of incredible artist's really famous people donate you -- your fund and their time as well. Jennifer Aniston, Bruno Mars as well, Tina Fey, why do you think that this concept resonates with them?

BADGER: Well, these people are at the sort of the zenith of artistry and creativity, so they masters in their field. And without the arts, without creativity in their lives they've wouldn't be where they were. And I think they identify that, see that schools do not fund the arts. And want to help out.

LEMON: Does this make you feel connected to your girls still?

BADGER: Absolutely. I mean, it's not a -- it gives me great comfort that this is happening and -- but I can't take ownership of the whole thing. It's a community of people, including the celebrities, but we've now become teachers that are national from across the country that actually supervise the grants we give out.

LEMON: Would you think they would say, about what you're doing?

BADGER: Oh my God. The teachers are awesome, like public school teachers are awesome. And I don't -- you know, when I met the teachers, I traveled the country filming the teachers, and they were just, they were just amazing. And the -- so that's basically what we basically do at Lily Sarah Grace is support teachers that want to teach through the arts, academics.

LEMON: Your ex-wife, whose name is Madonna, right? Given the Ted talk and spoken out on resilience of moving on, and here what you said after the tragedy said, "If I don't cry every day, the waves are bigger. And that if I cry every day, it is less traumatic. I don't think the loss is ever going away." Do you still have to cry every day? Does that hope you cope?

BADGER: There is a deep sadness to my life. There is no doubt. I am not over the death of my children at all. It's been an incredible struggle, and remains that way. And I am not at all over it. But, Lily Sarah Grace helps me feel a little bit better about my life.

LEMON: I don't think it is something you ever...

BADGER: No. You don't know.

LEMON: Get over?

BADGER: No. And to my experience, it's unusual that a person would be able to move on so quickly.

LEMON: What's your advice to the world? BADGER: Love your kids. I mean, they're awesome children, are

beautiful, and I think that we, should support them and let them be winners specially at an elementary school kids, and that age is when we extremely vulnerable. And we want them to succeed. That's what I want.

LEMON: You are incredible. And you're an inspiration. Thank you.

BAFGER: Oh, thank so much for having me. It's been fun.

LEMON: And the fund is called The Lily Sarah Grace fund. Lily Sarah Grace fund.

BADGER: Yeah.

LEMON: Go find that out about. Is your Web Site?

BADGER: Yes, its lilysarahgrace.org.

LEMON: Thank you very much, Matt Badger.

BADGER: Thank you.

LEMON: We'll be right back.

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LEMON: That is it for us tonight. Thank you so much for watching, I'm Don Lemon, I'll see you back here tomorrow night. "AC360" starts now.