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Crime and Justice With Ashleigh Banfield

Teacher`s Alleged Sex Romps To Cost Millions; Deputy Shot Dead, Cops Now Eyeing His Wife; Michigan Couple In Jail; Brangelina Divorce; 32-Year- Old Got Arrested For DUI; The Search For Mollie Tibbetts Continues; New Orleans Deputy Shot Dead In His Own Home On Father`s Day. Aired 6-8p ET

Aired August 08, 2018 - 18:00   ET

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


[18:00:05] ASHLEIGH BANFIELD, HOST, HLN CRIME AND JUSTICE: Good evening, everyone, I`m Ashleigh Banfield and this is "Crime and Justice." Thanks

for joining us tonight.

Scorching details about that pretty Arizona teacher allegedly caught in a red-hot affair, cheating on her husband, but the police call that sexual

conduct with a minor and release even more steamy messages about that sixth grade student she is alleged to have been with. Kyle Peltz, is covering

this story. The boy`s parents are pretty mad, Kyle, and they`re now suing, and they are not suing just for a little.

KYLE PELTZ, CRIME AND JUSTICE PRODUCER: Yes, just when we thought this story couldn`t get any more x-rated, it does. There are details in this

brand new documents we can`t even report on, the big question though is what did the school know, and when.

BANFIELD: All right Kyle, thank you for that, we will look into that shortly.

Also tonight, a police officer`s wife accused of shooting her husband dead and then telling the police within minutes that he shot himself. Bernice

Man, is tracking this story. There are some pretty differing accounts on this, aren`t there?

BERNICE MAN, CRIME AND JUSTICE PRODUCER: That is right, Ashleigh. And we have that 911 call that that wife made that tape. We`ll listen to it, you

tell me what you think happened. Was it murder or suicide?

BANFIELD: I always like the 911 call, because that is in the moment and so you really have to assess it for yourself. Bernice, thank you for that.

Also the blistering new allegation that could blow up the celebrity divorce that is been nearly two years in the making. Angelina Jolie describing

Brad Pitt as a deadbeat dad of sorts. Justin Freiman, is it really possible?

JUSTIN FREIMAN, SR. PRODUCER, HLN CNN: Angelina saying, Brad Pitt hasn`t been paying child support since they separated a year and a half ago, but

today, his lawyers, they are firing back, they are saying he is given her millions. We`ll have a lot more on this battle.

BANFIELD: Yes, there is one of those little words it is called meaningful child support, I don`t know what`s meaningful to you or to me, but I bet

it`s different for them. We`ll get into that in a minute. Justin, thank you.

Also, the animals, the animals with the assist, how a herd of cows help to corner a suspected car thief. You really do have to watch this one on the

chopper video to see how it all went down. We are going to show it to you in full.

Also later, jarring new details from the search for Mollie Tibbets, the college girl who vanished after going on a run. Tonight we are going to

talk to her father, as the local paint farmer who is talking to the police is refusing to take a polygraph. We will find out why.

First of all, I want to say good year, Arizona, where explicit new details are coming out about Brittany Zamora, that married middle school teacher,

accused of hooking up with her sixth grade student. Tonight we are learning how she supposedly went from being her pupil to her victim. And

we are learning who else is in hot water for allegedly letting all of this happen. Because according to some brand new documents, some of the Las

Brisas Academy staff members may have just known about Mrs. Zamora`s underage relationship.

There are reports that she was openly flirting with the victim, get this, during recess. Yes, recess. And look, flirting is classic middle school

experience, but not when the adult teacher is the one doing the flirting. In these new document that we got our hands on states that these kinds of

interactions happened during school hours and at school events. And that they had sex on and off campus. And that eventually the principal had even

heard the rumors that Mrs. Zamora and her student were dating. There was also allegedly some hard evidence, the bag of sexually explicit post-it

notes that someone allegedly found in her classroom. But it would take a different set of messages for Mrs. Zamora to get in trouble, the text

messages that the victim`s parents found on his phone, saying things like, quote, I`ll give you whatever you want, baby.

Mrs. Zamora has now pleaded not guilty to multiple charges of child molestation and sexual conduct. And she is still behind bars until that

trial starts, because so far no bond has been posted. But in the meantime, it is her old school that could be paying up dearly to the point of maybe

$2.5 million in damages. Here is what the parents behind the lawsuit or at least the threatened lawsuit told CNN affiliate KTVK. Their voices, by the

way, have been altered.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I want her to spend the rest of her life in prison. I want the school to be held accountable for what they`ve done and change

rules and just it to where this never happen to another parent`s child.

(END VIDEO CLIP)

BANFIELD: Joining me on the telephone is an investigative reporter, Tom Perumean. Also, Russell Richelsoph is the attorney for the minor`s

parents. And then defense attorney, Eric Weitz is with me here in the studio.

[18:05:13] Tom Perumean, let me start with you on this one. We`ve been getting dribs and drabs, a lot of bits and pieces of information on this

story since it broke, but I was alarmed to find out today that Brittany Zamora is still cooling her heels in jail. I think that bond was around

$250,000. That is a lot of money for a teacher or a teacher and her husband to try to post. Do we have any idea if it`s just too much for them

or if it`s just too much emotionally for her husband to post? Any idea?

TOM PERUMEAN, INVESTIGATIVE REPORTER: Well, let`s remember that $250,000 bond can be posted with as little as 10 percent, $25,000. Does the jilted

husband want to come up with the money, I think that is certainly the big question involved there? That is certainly why she is still spinning her

wheels in jail. No one has come up with 25 grand to get her out.

BANFIELD: And look, 25 grand is a lot of money as well, especially for a teacher. And a teacher and her husband, if they actually wanted to make

this happen. So tell me about the newest revelations, Tom, because if our audience didn`t think it was pretty steamy and sordid before, the new stuff

is pretty gross.

PERUMEAN: Oh, yes. Well, steamy is the word. In the movie "Good fellas," where Robert De Niro lays down hundreds of pages of telephone taps,

transcripts and tells Ray Liotta, what did I tell you about talking on the telephone? You know, we can update now, because these text messages

between Mrs. Zamora and her victim being entered into evidence, this is just going to bury her, primarily. And it`s likely to bury the Las Brisas

Academy and the Liberty Elementary School District. Her cordage and what she is talking about and describing about and what she wants to do with

this boy and even the boy --some of the boy`s responses, you know, we`re pushing a hard "r" rating, we certainly can`t talk about it, you know, in

public. Again the other revelation is that principal at Las Brisas Academy, he not only knew Brittany Zamora, he is the one that recruited her

over to the Las Brisas Academy and he turned the other cheek when he was hearing about questionable activity. Now in the lawsuit, he is accused of

not taking action to protect the student and report Zamora. He is accused of having violated a state statute, Las Brisas Academy and the Liberty

School District are subtly are -- appears to have allowing Zamora to continue as a predator. And in the plaintiffs` lawsuit, they are even

being accused of violating federal statute title IX, where Zamora`s activity is considered discrimination.

BANFIELD: They`re going for the gusto on this one. And I want to be really, because as I understand it and correct me if I`m wrong, this is a

lawsuit that is a threatened lawsuit. This is not a filed lawsuit. And there`s a difference. One of them is really scary and you have to provide

an answer right away, and the other one is, if you don`t do something with us, settle with us, we`re going to file. So this could be all discussion

behind closed doors at this time. I do want to do one thing, though. For anybody who hasn`t seen this stuff before, I want to take you back a little

bit and I want to show you some of the original messages that this child`s parents were able to get off of his phone. And the way they did that was,

they had an app, and they looked for keywords. And boy, did they find those keywords and what went along with them. So they said to their child,

you text her right now and you make it sound like it`s you and your parents aren`t over your shoulder and we want to see what she texts back. And this

is what the allegation is, you know, so far in the criminal complaint, not in the lawsuit, this is from the criminal complaint. So this is what the

police say they`ve got from the parents. The boy says -- and again, mom and dad are looking over his shoulder so it`s astounding he was this frank

with his alleged girlfriend, I want to "f" you so bad baby, those time weren`t enough for me. The reply that came in, allegedly from Mrs. Zamora,

his sixth grade teacher, I know, baby, I want you every day with no time limit. She also allegedly says, if I could quit my job and "f" you all

day, I would. The boy says, I need more blank from you, and you`ll have to fill in that blank, because I can`t say it on TV, and allegedly Mrs. Zamora

replies, I`ll give you whatever you want, baby. So this is one we knew about. And what I`m about to read you is something we didn`t know about.

And this apparently came from post-it notes. I will ask the control room if they can squeeze together full screen 2 for me. Because in a bag of

post-it notes apparently found by the staff, presumably afterwards, some of those notes said things like, you got me horny A.F., and you should know,

if you don`t, check the urban dictionary, what "A.F." means, but there`s a clue right there.

[18:10:05] And then another note says, your husband gonna flip out. Another note says, your cookie calls me wink, wink. Again, urban

dictionary, the definition of "cookie" is a woman`s vagina. And then the final note, maybe most telling of all, what time we gonna smash? I don`t

think I need the urban dictionary to find out what that actually means. Let me if I can bring in Russell Richelsoph, he is the attorney for the

victim`s parents. Russell, can you hear me, OK?

RUSSELL RICHELSOPH, ATTORNEY FOR MINOR`S PARENTS: I can hear you.

BANFIELD: OK. So, I`m just super gob smacked by a lot of this stuff. Much of it is material that it seems you and your clients were able to get

from the police, because this stuff didn`t come up in the criminal complaint. How did you get your hands on this material? And I`ve only

just scratched the tip of the iceberg here.

RICHELSOPH: The Maricopa County attorney`s office shared it with us. It`s information that we could have gotten through a public records request.

Because of that, just to save us the time of having to submit a public records request, they just gave us the material.

BANFIELD: Well, that is -- I mean, pretty telling stuff, especially since we didn`t see it in the criminal complaint. If prosecutors have this

stuff, this is very damning for Mrs. Zamora. There`s also other facts in the material that you have alluded to in your intended lawsuit. And it is

that you want to sue for about $2.5 million. Is that correct?

RICHELSOPH: That is correct.

BANFIELD: Can you tell me why it is you want to sue the superintendent and the district? I`m assuming Mrs. Zamora as well, and correct me if I`m

wrong. What is it specifically you want to sue them for?

RICHELSOPH: Well, are you talking about what action that the district is responsible for?

BANFIELD: Yes.

RICHELSOPH: The important thing here is that we all know what Brittany Zamora did. And what`s unusual about this case is we actually have a

third-party witness. There was an 11-year-old who actually witnessed some of these sex acts being committed. So it`s not a he said/she said kind of

a case. There`s a witness who is a third party who will say yes, these things happened.

The reason why the school district is responsible, though, is that six weeks prior to Brittany Zamora being caught, three sixth grade girls went

in and spoke with the principal and told him, hey, we think there`s something inappropriate here, we think they`re dating, we think that he is

getting preferential treatment in class. He doesn`t get in trouble when the other kids get in trouble.

We think something is going on here. There were rumors at the school that the teacher had gotten pregnant by the student. So there were rumors going

around that there was some kind of sexual dating activity between the -- between our client and Mrs. Zamora.

BANFIELD: So the, I also want to just mention real quickly, because I`m just low on time and I want to get as many facts in as I can, we`re also

led to believe through your allegations in the lawsuit that while the class was watching, a product we know well here at CNN, called CNN 10, it is a

product for, you know, schoolchildren, informative product, while that class is watching CNN, she and this boy would engaged in sexual acts behind

the projector, meaning she would have allegedly this young sixth grader would come back to the projector and operate the projector, but instead the

two of them would have some sort of sexual contact, literally in the classroom with the class there, watching the CNN 10 show.

And that also they had sex twice after the school talent show. So the other issue, you said there was a witness, a 10-year-old witness. I`m

under the understanding that 10-year-old witness was actually enlisted to keep watch. It`s not just a witness, this was someone allegedly enlisted

to make sure that the sex acts could stay private, is that true?

RICHELSOPH: That is true. He is actually 11 years old, but he was asked to keep watch. He knew what was going on. And at one point he did

actually witness one of the sexual acts.

BANFIELD: OK. I want to also show our viewers Ms. Zamora`s -- one of the appearances that was captured on camera when she appeared before the judge.

There`s a conversation between Zamora and the judge. And it`s fascinating, it`s telling about Ms. Zamora`s understanding of the legal system and maybe

about how much hot water she is in or how much she doesn`t understand, how much hot water she is in. It gives you a taste of this person, of this

sixth grade teacher. And in light of the allegations that are being made against her, it is fascinating to watch this. Take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Is there anything you just want the court to know about whether or not I should release you or impose a bond at this time?

And if you have nothing to say, that is OK as well.

[18:15:04] BRITTANY ZAMORA, TEACHER ACCUSED OF SEX WITH STUDENT: I would love to go home, to be released. It would be amazing. I don`t know if

there`s like just stay at a house, I would love to go home to my husband.

(END VIDEO CLIP)

BANFIELD: I would love to go home to my husband. Eric, I love to go home to my husband. I don`t think she understands, that is not what the judge

is asking. She is still stuck there on a quarter million dollars bond.

ERIC WEITZ, DEFENSE ATTORNEY: She has many, many problems, clearly, that got her into this mess to begin with. And she probably just say nothing,

I`m surprised there was nobody standing next to her at that time.

BANFIELD: Why was there no one standing next to her?

WEITZ: There must be a process in Arizona. I have a lot of questions about that.

BANFIELD: And what about the question regarding the $2 million threatened lawsuit, is this basically, bring your wheelbarrow to the school and ask

them to fill it or you`re going to file a lawsuit and you can fill it as much as you want, because of the fact discovered?

WEITZ: So, in his defense, the parents have to put a number down. The notice that was filed was filed pursuant to the Arizona statute. You have

to file this kind of notice within 180 days of the event of your intention to bring the lawsuit and how much you want, unless you want us to go

forward with the lawsuit. So they were following the statute.

BANFIELD: But it`s a bad case. I mean, these are bad facts. If they`re true, they`re bad facts.

WEITZ: They do have a problem with the case though. Even their expert in what they filed says, I can`t tell you what`s wrong with this young man or

whether he is even going to have problems in the future. He might.

BANFIELD: Then the future problems are a massive issue. I am going to leave it there. But I don`t think it`s the last we`re hearing of this

story and Mrs. Zamora. My thanks to Tom Perumean and also to Russell Richelsoph. I`m going to ask you, Eric, if you`ll stick around because I

have more questions for you as well.

A New Orleans Deputy, shot. Not out on the beat as you normally hear. This one was in his home. It was on father`s day. And it was his wife who

ended up charged with murder, but she says this cop was trying to actually kill himself and police are saying, umm, we`ve got 16 really good reasons

to believe that what she is saying is garbage, stories, fiction, fabrication. I`ve got about 13 more, but I am going to wait until after

the break.

[18:20:00] (COMMERCIAL BREAK)

BANFIELD: He was in the hospital for a whole week before he ended up dying of his injuries. I`m talking about this man, a sheriff`s Deputy whose

entire career was dedicated to public service. This is Troy Smith. And Troy had been shot in the head. And the night his wife called 911, she

said he did it to himself.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Jefferson Parish 911, operator 65, where is the emergency?

UNIDENTIFIED FEMALE: My husband shot himself in the head. Please get me somebody now.

UNIDENTIFIED MALE: Ma`am. Ma`am. OK, mam, I need you to go up to him and I need you tell me if he is still breathing.

UNIDENTIFIED FEMALE: He is breathing, but he is barely -- he is bleeding everywhere.

UNIDENTIFIED MALE: OK. Is he conscious? Is he able to say anything?

UNIDENTIFIED FEMALE: No, sir. He shot himself in the head.

(END VIDEO CLIP)

BANFIELD: But now that wife, Shantel Wagner, is herself sitting behind bars, Troy`s wife of just a couple of years. Now Shantel is charged with

murdering Troy. This is because for a large part, her neighbor reportedly saw her arguing with Troy and that was just hours before Troy was shot

dead. And also after Troy`s own co-workers at the sheriff`s office came to the very dark conclusion that it`s impossible for Troy to have shot

himself.

With me now, Travers Mackel, he is a reporter for CNN affiliate WDSU. Shantel Wagner`s attorney Leo Palazzo is with us. Certified Death

Investigator and a professor of forensics of Jacksonville State University, Joseph Scott Morgan, joins me live, and defense attorney, Eric Weitz is

still with as well.

All right, if I could start with you Travers, lay this out for me. When did spidey senses started to tingle, that maybe the things that were said

on that 911 call, that the officer had shot himself, maybe weren`t really how things played out in that home?

TRAVERS MACKEL, REPORTER, CNN AFFILIATE WDSU: Well, Ashleigh, if you listen to police and prosecutors, basically hours after the initial 911

call came in, they claim that Shantel Wagner gave them inconsistent statements. And the investigation lasted about a month before they charged

her with second-degree murder. They say, according to cops and prosecutors, that Wagner gave 16 different inconsistent statements. In one

of those, they claim that Wagner actually admitted to pulling the trigger herself and they claim that she said it was an accident.

Also they say that forensics -- cops and prosecutors say the forensics don`t add up. They claim that the gunshot wound was to the back of Troy

Smith`s head, also from a distance, about two to three feet away. So, therefore they say the inconsistent statements as well as the forensics

don`t add up. That is why she is charge with second degree murder, but her defense team says that is not true, they say that Troy Smith, a former New

Orleans police officer and firearms expert, was suffering from PTSD and had been drinking heavily and was depressed. And they claim that when this

goes to trial they`ll be able to prove that this was a suicide and not a homicide.

BANFIELD: The part about drinking heavily, usually that would indicate that you`re over 0.08. Because you can`t be even drinking heavily and

drive legally. What was the actual blood alcohol level in the officer when they did the autopsy?

MACKEL: It came out during a preliminary hearing just days ago. And it felt more like a mini trial. It was 0.05, below the legal limit. The key

piece of evidence for the defense, Shantel Wagner`s fingerprints, according to cops and prosecutors, were not on the firearm used. So, there is a lot

of information coming out now. Defense says it was suicide. Prosecutors and cops say this was a clear-cut homicide. But to answer your question,

Troy Smith`s blood alcohol level below the legal limit.

BANFIELD: Well, that doesn`t sound like drinking heavily. I can`t even drink lightly and stay, you know, below the legal limit. That is pretty

fascinating. All right. I want to play a little bit more of the 911 call. Again, it happens in the moment. And that gives you the indication of what

that person at least was acting like at the moment, whether you can read into it or not, that is usually for a jury to decide, but you be the judge.

Listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What agency is he with, ma`am?

SAHNTEL WAGNER, SUSPECT: J.P.

UNIDENTIFIED MALE: With J.P.?

WAGNER: Yes. JPSO.

UNIDENTIFIED MALE: Which grouping, ma`am?

WAGNER: He is at the academy, ma`am -- sir.

UNIDENTIFIED MALE: Can I get your phone number? Ma`am, is there anyone else in the house?

WAGNER: No, please --

UNIDENTIFIED MALE: Ma`am, I`ve already sent the police a while ago, they`re on their way.

(END VIDEO CLIP)

BANFIELD: So, I want to bring in Shantel Wagner`s attorney, Leo Palazzo. Mr. Palazzo, the inconsistent statements are a big deal. 16 different

inconsistent statements. Normally we hear cases with one or two or three, maybe four or five, 16 is a hard number to get past. How do you do that?

LEO PALAZZO, SHANTEL WAGNER`S ATTORNEY: It`s absolutely ridiculous what they`re saying, as far as the inconsistencies of those statements. You`re

talking about the first statement, which we hard, was from the 911, which was consistent and what she said from day one, that he shot himself. The

second statement was taken by the officer on the scene. Again, it was not recorded, though.

And supposedly this woman had just seen her husband shoot himself, bleeding out, dying. And he writes down in his notes that she said she was outside

when the shot happened. This is a woman that was in shock at the time. We had testimony on Monday by one of her neighbors that said she came out and

she said, I have blood all over me. She had no blood on her at all. This is a woman that is been in shock ever since this incident has happened.

She is sitting in jail right now in solitary confinement, 23 hours. She gets one hour break to go eat and take a bath.

BANFIELD: OK.

PALAZZO: She is still in shocked.

BANFIELD: Well, I got to say, Mr. Palazzo that is what happens, you go into a prison, if you`re a high risk inmate, you may be in the solitary.

That doesn`t speak not facts of the case. Let me ask you this. A neighbor says at the funeral, Wagner said, my husband didn`t commit suicide, it was

an accident. That is entirely different than what she said to the police which was, the first statement was, the gun was to his head, and the other

statement was, the gun was a couple of inches away from his head. Those are inconsistent statements to the police and extremely inconsistent to the

neighbor. How do you get past that?

PALAZZO: They`re really not inconsistent. You have to realize the situation that you`re talking about. You`re talking about a woman that

said over and over again, he went in, he pulled the gun out, put it to his head and fired. So as far as any inconsistencies with that, whether it was

right to his head, six inches, 12 inches to his head, the statement`s been over and over said, he shot himself in the head. That is been said over

and over again. That has not been contested.

BANFIELD: Mr. Palazzo, don`t you also contend that the forensics suggest that the gunshot is toward the back of the head, where is the police are

contending it was to the temple? I don`t think forensics lie. I am little confused.

PALAZZO: No. No. You actually have that messed up, you have that backwards. The forensics is clear, the C.T. scan is clear. This is right

above the temple shot, we actually had the Coroner`s testified and she said that this was right above the temple shot, it is right to left impact going

up to the vertex front to back, front to back. That is classic suicide shot.

BANFIELD: OK. So Joseph Scott Morgan, jump in on this. You had a look at the report, the text report, not the actual CT scan. We don`t have access

to that. But what did it tell you?

JOSEPH SCOTT MORGAN, CERTIFIED DEATH INVESTIGATOR: Well, it tells me that the CT report. The radiologist didn`t actually identify the point of

entry. She`s talks about the shift, the bone fragments, and the metallic fragments. If I could back up just a little bit. In the statement that

was made in court, the coroner, the pathologist, what they were allowed to say, they never used the word temple.

They said parietal. And that`s directly above and slightly behind the right ear, traveling upward through the vertex. So you have an injury

above the ear, OK, that is traveling upward on an upward trajectory. That exited the top of the head. So, you know, at the end of the day, what

we`re really going to find out is what`s going on with what the coroner has to say, because they haven`t said anything relative to range of fire in

this particular case.

(CROSSTALK)

BANFIELD: OK. I can hear your dog barking in the background. I think that`s yours. I`m not sure (Inaudible). I just want to make sure our

audience knows that`s just something in the background and has nothing to do with this story itself. And there is just one other issue. I just want

to make sure.

(CROSSTALK)

MORGAN: I would like to follow up on that comment, because.

(CROSSTALK)

BANFIELD: I`m running flat out of time and still have to get to the conflict of interest issue.

(CROSSTALK)

BANFIELD: Honestly, I wish I had more time, but I have given you more than everyone else in the segment. Eric, very quickly, is it a conflict of

interest for police officers to investigate one of their own?

ERIC WEITZ, DEFENSE ATTORNEY: Who else is going to investigate? I mean I think that`s going to cut both ways in this case, because if it is one of

their own who was murdered or died, you would think they`re probably going to follow every single policy and procedure, because they know they`re

going to be coming under greater scrutiny.

BANFIELD: And that that might be -- you know the area is ripe for appeal as well. And I do apologize, Mr. Palazzo. I wish I had more time, but

with four guests and some forensic material to run (Inaudible). We`re going to have to visit you again on this, and hopefully you`ll come back

and visit us again.

PALAZZO: I would be happy to.

BANFIELD: Awesome, appreciate it. Leo Palazzo, thank you, Joseph Scott Morgan, as always, and Eric, you`re sticking around for the next block if

you can. Tonight, I`ve got a story out of Grand Rapids that I want to tell you about. There is a Michigan couple in jail right now and they`re facing

murder charges because of the starvation of their own daughter, just 10 months old.

And when the judge told them what the maximum penalty could be for them, the dad literally could not believe what he was hearing. Take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: You`re both charged with what they call felony murder while in the perpetration or attempted perpetration of child abuse in the

first degree. (Inaudible) that you murdered (Inaudible), that is a charge called homicide felony murder. It is life without parole.

(END VIDEO CLIP)

BANFIELD: And that is the reaction from dad and the reaction from mom. Prosecutors say that Seth Welch and Tatiana Fusari did not seek any medical

help for that little baby girl partly for religious reasons. An autopsy found that the child died of malnutrition and dehydration, yes, here in

America. That`s all according to court documents.

The parents admitting to the police that they were aware of their daughter`s skinny appearance and low weight for at least a month before she

died. They are both now charged with felony murder, and as you heard from that judge, child abuse. That`s quite a reaction.

Brad and Angelina`s divorce is taking quite a nasty turn when she has now decided to accuse him of being a deadbeat dad. Gone are the days of

Brangelina ruling the Red Carpet, now it is a question of how long is this public feud going to go on.

(COMMERCIAL BREAK)

[18:35:00] BANFIELD: They`re one of the most famous couples of all time. And one of the first ones to get one of those shared nicknames, Brangelina,

because Brad Pitt and Angelina Jolie were superstars on their own. But when they got together and when the co-stars got pregnant and got married

and started adopting kid after kid after kid, they became Hollywood`s first family.

(BEGIN VIDEO CLIP)

[18:39:48] UNIDENTIFIED FEMALE: He`s my family. He`s not -- he`s not just a lover and a partner, which he is wonderfully. But he`s my family

now. We have history. And we work hard to make it great. We don`t kind of relax about it and take each other for granted. So like everybody, we -

- you know, we have our challenges, but we`re fighting to make it great.

(END VIDEO CLIP)

BANFIELD: She got that last part right. They`re certainly fighting. But they`re not fighting to make their relationship great. They are fighting

almost two years into an ugly divorce that just got uglier and nastier. And you can throw any other adjective you want at it. And they`re fighting

in the kind of way that makes you think of that movie Mr. And Mrs. Smith, the movie during which they met, where it was kind of a foreshadow of life.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: You`re aim ain`t cooking, sweetheart.

(END VIDEO CLIP)

BANFIELD: That might just be actually what`s happening now, metaphorically, Angelina firing ammo at her husband. But it may also blow

up in her face because Angelina just accused Brad of not paying something that she`s calling, quote, meaningful child support. Meaningful child

support, since they split. Something he says just isn`t true.

And now she says she wants him to cough up money so that they can finally get on with their divorce. But Brad`s camp is saying this is just another

jab in the bitter custody battle, maybe one of the worst yet, because they`re not just saying that Brad is all paid up in the money department.

They`re saying Angelina is trying to drag his name through the mud and just escalate this fight.

I want to bring in my panel. Christina Garibaldi is an US Weekly Correspondent, and family law attorney, Randy Kessler is with me as well.

He is the author of Divorce: protect yourself, your kids, and your future. And he just so happened to have been in LA last Monday, mediating a wealthy

athlete`s marital woes (Inaudible) county. All right, so first, Christina, to you, and the story (Inaudible) what`s going on?

CHRISTINA GARIBALDI, CORRESPONDENT, US WEEKLY: There`s a lot going on. There`s a lot to unravel here. So like you said, Angelina said that Brad

is evading child support since they split back in 2016. So she`s saying it`s been almost two years since he provided any money to his children. We

are hearing that.

(CROSSTALK)

BANFIELD: She`s not saying any. She`s saying meaningful.

(CROSSTALK)

BANFIELD: That`s for everybody to judge. There`s no dollar amount, is there?

(CROSSTALK)

GARIBALDI: No. He is saying that he loaned her $8 million for a home for their children to be close to him in California. And in addition to that,

$1.3 million for the children`s welfare, which we are hearing also, includes security for his children. So there has been some meaningful

money that he has been giving.

Now she says, like you said, that she just kind of wants to wrap this up so it you know puts a bow on this marriage and you know enables them to co-

parent well together. He is saying that this is just a thinly-veiled attempt to manipulate the media and kind of drag his name through the mud.

BANFIELD: Also this weird thing that I think his camp has let out, and that is that they had a sit-down a couple of weeks ago.

GARIBALDI: Yeah, no, they did.

(CROSSTALK)

GARIBALDI: Yes.

BANFIELD: Nothing like this mentioned in the meeting.

GARIBALDI: No. This is the first time that Angelina has ever said anything.

(CROSSTALK)

BANFIELD: OK. So when you get together and you have children and you come to these lawyers offices and you meet. Typically, you kind of collected

all up.

(CROSSTALK)

BANFIELD: That time and you not to draw up lawyers` office. So why would that -- all of this business not have even been whispered during the

meeting a few weeks ago?

GARIBALDI: It seems like back in June, that they went to the lawyers again, because they had a different temporary custody agreement drawn out.

She wanted to see the kids to London while she shot Maleficent II for the entire time. He was like I don`t think so. No, I want to be with my

children as well. So the judge ruled in Brad`s favor, saying that it`s harmful for the children not to have time with their father.

(CROSSTALK)

BANFIELD: She was also told she wasn`t allowed to say things.

(CROSSTALK)

BANFIELD: I`m trying to remember what the actual order was. You are not allowed -- you have to tell the children they are safe with their father

and that having a healthy relationship with both parents is critical. That`s a pretty strong worded judgment. To Randy Kessler, I don`t know

what`s going on between them.

I don`t know what kind of agreement they have. I don`t know what kind of money has gone back and forth. But what is LA like in terms of child

support and back child support?

RANDY KESSLER, FAMILY LAW ATTORNEY: Well, it is la-la-land. This is the kind of case that all divorce lawyers across the country talk about,

because there are no rules. There are no norms. (Inaudible) because this is such a small percentage of American case law, that we look to this kind

of case for guidance. There is some unique stuff in California like once they set child support. They then award it retroactively to say this is

what you should have been paying.

[18:44:54] And maybe she`s mad about the judge`s order. Maybe she wants to make sure that, you know, he gets the message that two can play at this

game. There are all sorts of subtle messages that get sent when you file things like this. We don`t know what`s happening. But it`s interesting to

watch, and it`s fascinating to watch.

And hopefully from now on when we have a case like this, we`ll say, remember what happened to Brad and Angelina. Don`t let it go there.

Settle your case.

BANFIELD: Brangelina maybe precedent setting. And you know -- and listen, everybody should be able to take a deep breath, because sometimes when it`s

a celebrity, the media is part of the battle. And that same kind of stuff wouldn`t be going on if they were just Mr. And Mrs. Smith. Sorry, that was

unbelievable that that actually worked its way in.

Christina Garibaldi and Randy Kessler, thank you both, really appreciate it. We`ll continue to watch. And I hope those kids are OK. They all seem

awfully cute. How far would you go to try to talk your way out of one of those roadside arrests? Would you brag about your accomplishments? Would

you mention a family member who is on the force, maybe?

Would you maybe tell the cops about how clean you are? That`s what this young lady allegedly did when she was pulled over for DUI, telling cops

that she was, quote, a very clean, thoroughbred white girl. And while that sinks in, we`re going to arrange all these details to really make sense for

you, next.

(COMMERCIAL BREAK)

[18:50:00] BANFIELD: Before I start this next story, I want to be perfectly clear it is never OK to drive under the influence. There`s no

defending it. There`s no justifying it. But that seems to be exactly what 32-year-old Lauren Cutshaw allegedly tried to do when she was pulled over

last Friday, telling officers that she had been out for some early celebrations for her birthday.

Bluffton Police quickly decided she was a drunk driver and took her in. And that`s when things went sideways, because once Cutshaw got to the

police station, she was listing out a lot of reasons why she shouldn`t be arrested. And she was doing it in the field, too. And I`m about to play

some sound for you from the field, and you better be sitting down for this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: It was a couple of glasses. I mean I was celebrating my birthday. I`ve never been arrested. Can`t you see that in your system?

Can`t you see I graduated from a really good university? I graduated with 3.8 in my high school. I got a scholarship to my college. It was for my

birthday. Please, I was an all-American cheerleader.

(END VIDEO CLIP)

BANFIELD: (Inaudible) said her partner was a cop and that she was in a sorority, honor roll, the whole bit. But it was actually her next

assertion that really catapulted her into the headlines. She told the police that she was, quote, a clean, thoroughbred white girl, a white,

clean girl. And when the officer asked her what exactly do you mean by that, she told him, quote, you should know what that means, adding later,

quote, you`re a cop.

You should know based on the people who come into this room. For the record, Ms. Cutshaw blew a .18, and officers found pot in her car as well,

and he is now facing a laundry list of charges. With me now is retired police lieutenant Randy Sutton, Randy, apart from being mocked mercilessly

on national television that cannot be helpful to her case, what she went and said there.

RANDY SUTTON, RETIRED POLICE LIEUTENANT: So I can think it`s not going to be helpful, especially, you know everything is public now. The fact of the

matter is that people say unbelievable things, A, when they`re drunk and, B, when they`re trying to get out of a ticket. I`ve seen this time after

time after time that people act in ways that you would be shocked about.

And the fact that she was a .18, that`s a really substantial amount of alcohol in her system. I can imagine that she woke up the next day with a

lot more than a hangover.

BANFIELD: Yeah. Well, there`s this lower third on national television, like we said. Randy, thank you for that, appreciate it. By the way, you

are white. There is no question. But if this really happened, your record is not clean, not anymore. You guys have all heard that expression,

partying until the cows come home?

Well, what happens if you bust into their home, and you are uninvited and the cops are on your tail? One more thing coming up next.

(COMMERCIAL BREAK)

[18:55:00] BANFIELD: Well, one more thing for you tonight. We`ve seen plenty of police chases that end when the officers release the canines,

right? I want you to see what happens when the suspect runs into a pasture full of bovines.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Actually the large group of cows is following her for a good visual. It looks like they may attack her.

(END VIDEO CLIP)

[19:00:11] ASHLEIGH BANFIELD, HLN HOST: It is a large herd of 20 cows, in fact, (INAUDIBLE) around that field chasing the suspected car feed who

could not outrun the long horn of the law. No word what is going to happen to her hide. I`m awesome.

Next hour of CRIME & JUSTICE starts right now.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: You know her name.

UNIDENTIFIED MALE: Mollie Tibbetts.

UNIDENTIFIED MALE: Mollie Tibbetts.

UNIDENTIFIED MALE: Mollie Tibbetts.

UNIDENTIFIED FEMALE: The College girl vanished after going on a run.

UNIDENTIFIED MALE: We went on our field trip and she didn`t come.

UNIDENTIFIED FEMALE: Tonight, Mollie`s dad speaks to us about family`s ordeal.

UNIDENTIFIED MALE: I don`t think anyone set out to harm Mollie.

UNIDENTIFIED FEMALE: And new pictures of Mollie emerge from the day before she vanished.

UNIDENTIFIED MALE: Someone knows exactly what happened and they just haven`t come forward.

UNIDENTIFIED FEMALE: And new theories start to arise.

UNIDENTIFIED MALE: Doesn`t mean to harm Mollie but doesn`t know how to end this situation.

UNIDENTIFIED FEMALE: What could a local pig farmer know about where Mollie might have ended up?

UNIDENTIFIED MALE: For a couple of hours in questioning.

UNIDENTIFIED FEMALE: And why won`t he take a polygraph test?

UNIDENTIFIED MALE: We are wasting our time. I`m done.

UNIDENTIFIED FEMALE: She told the cops he shot himself.

UNIDENTIFIED FEMALE: My husband just shot himself in the head.

UNIDENTIFIED FEMALE: A police sergeant who might have just suffered from depression.

UNIDENTIFIED MALE: He was all drinking alcohol. He was taking medication. He was posting these suicidal, dark posts.

UNIDENTIFIED FEMALE: But did he really take his life?

UNIDENTIFIED MALE: Be broke.

UNIDENTIFIED FEMALE: Or did he just have a deadly wife?

UNIDENTIFIED MALE: I think there`s an obvious conflict. Everybody can see that.

UNIDENTIFIED FEMALE: Why investigators are saying her story doesn`t add up.

UNIDENTIFIED FEMALE: Satisfied?

UNIDENTIFIED MALE: Not for years.

UNIDENTIFIED FEMALE: Maybe they weren`t acting. Brad and Angelina`s wicked split just got worse.

UNIDENTIFIED MALE: A few problems ourselves.

UNIDENTIFIED FEMALE: You are alright, baby?

UNIDENTIFIED FEMALE: But how could two of Hollywood`s most beautiful people create such an ugly mess?

UNIDENTIFIED MALE: You think this story is going to have a happy ending?

UNIDENTIFIED FEMALE: Happy endings are stories that haven`t finished yet.

(END VIDEOTAPE)

BANFIELD: Good evening, everyone. I`m Ashleigh Banfield.

And welcome to the second hour of CRIME & JUSTICE.

Tonight, the search for Mollie Tibbetts continues, as does the hunt for someone who may or may not know where she is. Because Mollie went missing

in a town of just 1,500 people after going out for an evening run, while she was dog-sitting for her boyfriend. But that boyfriend was out of town

and a very long way away. So it was her coworkers at a local summer camp who reportedly sounded the alarm when Mollie didn`t show up for work the

next morning.

That was three weeks ago today. And tonight, Mollie could be anywhere, with some fearing she was abducted and with her dad making headlines for

his own theories about who his daughter may be with.

(BEGIN VIDEO CLIP)

ROB TIBBETTS, FATHER OF MOLLIE TIBBETTS: I don`t think anyone set out to harm Mollie, doesn`t mean to harm Mollie but doesn`t know how to end this

situation. It`s a little town. We are all from Iowa. We all know what a small town is like. Someone knows exactly what happened. And they just --

(END VIDEO CLIP)

BANFIELD: Three weeks without answers. And Mollie`s family and Mollie`s friends are desperate for any morsel of information, morsels like a local

pig farmer who says he talked to investigators about his -- about her disappearance. Though now he is refusing to take a polygraph test.

Joining me now, Steven Fabian, correspondent for "Inside Edition," just returned in fact from Brooklyn, Iowa. Defense attorney Eric Weltz is with

me. Also, on the phone, Rob Tibbetts, Mollie Tibbetts father and retired police lieutenant Randy Sutton is with me as well.

Steve Fabian, you just came back from Iowa. What have you learned?

STEVEN FABIAN, CORRESPONDENT, INSIDE EDITION: It is all anybody is talking about in Brooklyn, Iowa where there are signs of Mollie Tibbetts up on

people`s cars, on businesses, diners. Everywhere you look is Mollie`s face. Everyone is trying to chip in. There has been 60 tips a day to law

enforcement, as you mentioned. This has been three weeks. That`s a lot of tips adding out there. Of course, everyone they see fit to investigate.

The reward, $300,000.

BANFIELD: It`s growing, isn`t it?

FABIAN: It`s growing by leaps and bounds.

BANFIELD: Constantly. Fifteen hundred people and they got a reward that big?

FABIAN: Yes. And that`s for Mollie`s safe return. Of course, we want some sort of closure for this family.

BANFIELD: Let me ask you this. I have not been to Brooklyn, Iowa.

FABIAN: Yes.

BANFIELD: But as a small town in the line of work that I have been in, it is often the case that they just don`t have massive resources, that they

don`t have huge police forces and they don`t have a lot of experience in very complicated, tricky cases, forensics, missing persons, that kind of

thing. Is that the case here or do they have a lot of help from the FBI?

[19:05:04] FABIAN: Yes. Well, look. The FBI is involved here. And we know, you mentioned Wayne Cheney, that time pig farmer. They have gone to

question him numerous times, five times. Why are they going to question him? We don`t exactly know.

BANFIELD: What`s his story? What`s his connection?

FABIAN: So who knows right now? Because did the fit bit ping by his residence? Was the red shirt found by his residence? We don`t know

because investigators are being tight lipped about it.

BANFIELD: So back up.

FABIAN: But there is going to be a reason.

BANFIELD: Yes. Back up for anyone who maybe doesn`t know those little nuggets where you just the fit bit and red shirt, explain the connection,

the tri-angulation between that and the reason they might have come on to his property to say we want to talk.

FABIAN: Right. So Mollie, according to her friends and family, and habit runner, apparently she went missing with her phone and her fit bit that she

wore all the time. Of course, a fit that can`t track your whereabouts using GPS technology.

Now, a red shirt was found in the Brooklyn area. Mollie does wear a red shirt to the summer camp where she worked. It hasn`t been said whether

this red shirt actually belonged to Mollie. But there is got to be a reason why the investigators keep going back to this man`s property. Could

the red shirt have been found near his residence, near his fields, near his home, or did that fit bit, that fitness tracker, did it ping near his

residence and that`s what`s drawing investigators?

BANFIELD: And then, I`m going to ask more about that in a moment. But while we are looking at this farm, it`s critical to say at this point that

this pig farmer, Wayne Cheney, is not a suspect. He has not been named as a suspect. He has not been charged with anything. But like you said,

Steven, he has been talking to the police and there are reporters bringing the microphones to his location. And I want to play this one sort of Q&A

so you get a bit of an idea about how he`s feeling and how he is responding to this intense spotlight right now. Take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What was the situation like for you, here, and how they kind of approached everything?

WAYNE CHENEY, QUESTIONED BY AUTHORITIES: Oh, I don`t know. We are wasting our time. I`m done.

UNIDENTIFIED MALE: You said the FBI took you down to the fire station, right?

CHENEY: It wasn`t the FBI. I don`t know who them two guys were, but they took me to the fire station Tuesday.

UNIDENTIFIED MALE: OK. And they asked --

CHENEY: Questioned me for a couple of hours they questioned me.

UNIDENTIFIED MALE: What kind of questions?

CHENEY: I don`t even remember what they asked me. It`s a waste of time, I thought. I don`t know. I`m done. I`m done.

(END VIDEO CLIP)

BANFIELD: So Fabian, you had a chance to talk with this person as well. What did you ask him?

FABIAN: Yes. We came across Wayne Cheney cutting his grass on a riding a loan mower. He has a lot of property there. We waited for him to be done

cutting his grass and then we asked him, hey, can we ask you a few questions. Did you have anything to do with the disappearance of Mollie

Tibbetts? He said no, I did not, very clearly.

And then I said why are you refusing to take a lie detector test? And that he didn`t answer me. He walked right into his home and slide the door.

BANFIELD: So he is frustrated. And listen, if he has nothing to .with this. This is a horrible situation for him to be in.

FABIAN: Absolutely.

BANFIELD: And frankly, I am going to repeat it. The police have not indicate at all that he is a suspect in this. There are a lot of leads

that they are chasing down. And to that end, actually, let me bring in Rob Tibbetts, Mollie`s dad.

Can you hear me, Rob?

TIBBETTS (on the phone): Yes, I can. Thanks for having me.

BANFIELD: Thank you for being on. And you know, may I start by saying I`m so sorry that we are meeting under these circumstances. I just can`t

imagine, you know, what it`s like to be in your shoes right now. Let`s get to the meat of it. What are the police telling you?

TIBBETTS: Well, the police talk to us every day. It`s a large complex law enforcement team, county, state and the FBI. They do not share information

about the investigation for two reasons. One, they don`t want to jeopardize the search and they don`t want to put Mollie into danger. But

what they have told us is more guidance in terms of how to interpret what we see and hear that they are doing and not to read too much into any one

lead, like this farmer in deep river. That there are dozens of leads they are tracking down just as aggressively, but they aren`t part of the public

record and the media is not following those.

BANFIELD: Are you frustrated by this notion that this Wayne Cheney, that the pig farmer won`t take the polygraph? Do you view him as no difference

than any other lead anywhere else?

TIBBETTS: I view him as no different than any other lead. The authorities have been great in explaining to us -- and I think you have a former FBI

agent there. That it`s a process and it`s going to take some time and that it is comprehensive and they have to rule out as much as they can before

they start to focus in on a narrower bandwidth of information.

BANFIELD: You know, I remember during the coverage of the disappearance of Elizabeth Smart - and I hope a case like that, Rob, gives you a lot of

hope. Elizabeth Smart, nine months later, turned up. And she is safe and sound and has lived a wonderful life. And I remember at the time many of

the organizations, you know, counseling Mr. and Mrs. Smart released pictures and moments, cautiously and along the way so as to keep her front

and center. Keep her image front and center.

And to that end I can only assume that may be why we have this new video of Mollie. And I think it is from the day before she disappeared. I just

want to characterize the video as showing your daughter very happy. Happy go lucky, goofing about. And I think it might be the camp that we can hear

and the laughter in the background. I would like to play that for a moment so people know exactly who we are looking at and looking for.

(VIDEO CLIP PLAYING)

[19:11:11] BANFIELD: So, Rob, these are the images, as I said, of the day before Mollie disappeared during her run. Everything looks to be fantastic

in her life. She seems to be enjoying her day. Nothing seemed to be wrong at work. There just didn`t seem to be anything askew in her life. And

that`s correct?

TIBBETTS: Absolutely. She was having the summer of her lifetime. She was in California for my wedding. She was my best man. She has a new

passport. She was going to travel to the Dominican Republic to get her first international stamp. She took out her first lease on an apartment

for school. She was heading back for her sophomore year. She was deeply in love with Dalton. The more time I spent with him, the more I understand

of why Mollie loves him so much. So, yes, she was just having the time of her life, literally.

BANFIELD: Rob, do you know about the Fit Bit that she had on? Was it one of the newer models, the Fit Bit? Because as we understand, the newer Fit

Bits actually have GPS locating on them and they could be extraordinarily informative as to the last moments that police are able to digitally track

her.

TIBBETTS: I don`t know. And unfortunately, I`m probably the last person that would be technologically savvy enough to answer a question like that.

BANFIELD: Do you know if she had her phone with her while she was running, because some of the older fit bits, as long as there`s a phone nearby, will

catapult that digital information into the cloud, which is obviously something that could be tracked?

TIBBETTS: I don`t know about the technological implications. But I do know when Mollie ran, she had her phone and she listened to music.

So she may very well have had it with her. And no one has found a phone, correct? We don`t know where her phone is at this point or am I incorrect?

TIBBETTS: We don`t know where her phone or Fit Bit are. And so, those two pieces of her digital footprint are absolutely crucial. And so the devices

and her computer, along with the social media platforms, which are primarily Snap Chat, Instagram and Facebook -- I don`t know that these

companies are not but I hope and pray that those technology companies are complying and cooperating with the law enforcement team enthusiastically

and comprehensively. We haven`t seen that in the past. And so I do have some concern about that. And so the degree to which we can use the media

to urge those companies to comply -- because Mollie`s life is in the balance. We need that information from them.

BANFIELD: Do you know them to not be complying or are you just worried that could be --

TIBBETTS: No. I just said, I don`t know that they are not. But we have all seen in the past their reluctance to comply because of privacy issues.

BANFIELD: Totally understand.

TIBBETTS: I do know that the authorities had to issue warrants to those companies initially to get them to comply. And so that isn`t -- that

doesn`t indicate a compliance, to me. And so I`m hoping that they are. We just need to remind them the urgency of their participation.

BANFIELD: Let me, if I can, bring Randy Sutton, as a retired police lieutenant -- I can`t imagine the importance of that Fit Bit information

but what else are we to assume that the police are doing about this right now? What kind of techniques are they keeping close to their vest?

RANDY SUTTON, RETIRED POLICE LIEUTENANT: They are keeping very, very close to the vest on -- they are getting all kinds of information, forensic

information. They are looking for DNA, the technological information. They are scouring the social media aspect. And then old-fashioned shoe

leather police work where they are knocking on doors, talking to people and someone does know something even if it`s just the bad guy. There is a

person out there that -- I pray that she is still in this individual`s custody and that he will listen to the pleas of her father and end this by

returning her to her home.

[19:15:43] BANFIELD: Eric, five seconds on this, honestly. So critical to say this pig farmer is not a suspect.

ERIC WELTZ, DEFENSE ATTORNEY: Yes. He`s not a suspect but he`s acting in a way that`s getting suspicious.

BANFIELD: And could lead to more questioning. And so, that`s critical as well.

Thank you to all of my guests. I do appreciate it. In fact, I`m going to ask if Randy and Eric can stick around.

New Orleans deputy shot dead in his own home on father`s day and now his wife is the one charged with the murder but she says he was trying to kill

himself. That`s next.

(COMMERCIAL BREAK)

[19:21:04] BANFIELD: He was in the hospital for a whole week before he ended up dying of his injuries. I`m talking about this man, a sheriff`s

deputy whose entire career was dedicated to public service. This is troy smith. And troy had been shot in the head. The night his wife called 911,

she said he did it to himself.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Jefferson Parish 911. Operator 65. Where is the emergency?

UNIDENTIFIED FEMALE: My husband just shot himself in the head. I need somebody now.

UNIDENTIFIED MALE: Ma`am?

UNIDENTIFIED FEMALE: No!

UNIDENTIFIED MALE: Ma`am?

UNIDENTIFIED FEMALE: Yes, sir.

UNIDENTIFIED MALE: OK ma`am, I need you to go up to him. I need you to tell me if he`s still breathing.

UNIDENTIFIED FEMALE: He`s breathing but he is barely breathing, sir. He`s bleeding everywhere.

UNIDENTIFIED MALE: OK. Is he conscious? Is he able to say anything?

UNIDENTIFIED FEMALE: No, sir. He shot himself in the head.

(END VIDEOTAPE)

BANFIELD: But now that wife, Chantal Wagner is herself sitting behind bars, Troy`s wife of just a couple of years. And now Chantal is charged

with murdering Troy. This is because for a large part, a neighbor reportedly saw her arguing with Troy and that was just hours before Troy

was shot dead. And also after Troy`s own coworkers at the sheriff`s office came to the very dark conclusion that it`s impossible for Troy to have shot

himself.

With me now, Travers Mackel is reporter for CNN affiliate WDSU. Chantal Wagner`s attorney Leo Palazzo is with us, and certified death investigator

and professor of forensic at Jacksonville State University Joseph Scott Morgan joins me live and defense attorney Eric Weltz is still with me as

well.

All right. If I could start you, Travers, lay this out for me. When did spidey senses start to tingle that maybe the things said on that 911 call,

that the officer shot himself, maybe weren`t really how things played out in that home?

TRAVERS MACKLE, REPORTER CNN AFFILIATE WDSU: Well, Ashleigh, if you listen to police and prosecutors, basically hours after the initial 911 call came

in, they claim that Chantal Wagner gave them inconsistent statements and the investigation lasted about a month before they charged her with second-

degree murder. They say, according to cops and prosecutors, that Wagner gave 16 different inconsistent statements and one of those, they claim that

Wagner actually admitted to pulling the trigger herself. And they claim that she said it was an accident.

Also, they say that forensics, cops and prosecutors say that forensics don`t add up. They claim that the gunshot wound was to the back of Troy

Smith`s head also from a distance, about two to three feet away. So, therefore, they say that the inconsistent statements as well as the

forensics don`t add up. That`s why she`s charged with second-degree murder.

But her defense team says that`s not true. They say that Troy Smith, former New Orleans police officer and firearms expert, was suffering from

PTSD, had been drinking heavily and was depressed and they claim when this goes to trial they`ll be able to prove that this was a suicide, not a

homicide. -- Ashleigh.

BANFIELD: So the part about drinking heavily, usually that would indicate that you are over 08 weight because you can`t even be drinking heavily and

drive legally. What was the actual blood alcohol level in the officer when they did the autopsy?

MACKLE: It came out during a preliminary hearing days ago and felt more like a mini trial. It was .05 below the legal limit. Key piece of

evidence for the defense, Chantal Wagner`s fingerprints, according to cops and prosecutors, were not on the firearm used. So, there`s a lot of

information coming out now. Defense says it was suicide. Prosecutors and cops say this was a clear-cut homicide. To answer your question, troy

smith`s blood alcohol level, below the legal limit.

[19:25:14] BANFIELD: That doesn`t sound like drinking heavily. I can`t even driving lightly and stay, you know, below the legal limit. That`s

pretty fascinating.

All right. I want to play a little more of the 911 call. Again, it happens in the moment and that gives you the indication of what that

person, at least, was acting like at the moment, whether you can read into it or not is for a jury to decide. You be the judge. Listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What agency is he with, ma`am?

UNIDENTIFIED FEMALE: He`s with JP.

UNIDENTIFIED MALE: With JP?

UNIDENTIFIED FEMALE: Yes, JPSO.

UNIDENTIFIED MALE: Which grouping, ma`am?

UNIDENTIFIED FEMALE: At the academy ma`am -- sir.

UNIDENTIFIED MALE: Can I get your phone number? Is there anyone else in the house?

UNIDENTIFIED FEMALE: No. Please.

UNIDENTIFIED MALE: I already sent the police a while ago. They`re on their way.

(END VIDEO CLIP)

BANFIELD: So I want to bring in Chantal Wagner`s attorney, Leo Palazzo.

Mr. Palazzo, the inconsistent statements are a big deal, 16 different inconsistent statements. Normally we hear of cases that have one, two or

three, maybe four or five. Sixteen is a hard number to get past. How do you do that?

LEO PALAZZO, ATTORNEY FOR SUSPECT: It`s absolutely ridiculous what they are saying as far as the inconsistencies of those statements.

You are talking about what they -- the first statement, which we heard was from the 911, which was consistent in what she said from day one, that he

shot himself. The second statement was taken by the officer on the scene. Again, it was not recorded. Supposedly, this woman had just seen her

husband shoot himself, bleeding out, dying and he writes down in his notes that she said he was -- she was outside when the shot happened.

This is a woman that was in shock at the time. We had testimony on Monday by one of her neighbors that said -- she came out and said I have blood all

over me. She had no blood on her at all. This is a woman who has been in shock ever since this incident has happened. She is sitting in jail right

now in solitary confinement, 23 hours. She gets one hour break to go eat and take a bath.

BANFIELD: OK. That`s not unusual. You know that`s not unusual. I have to say, Mr. Palazzo, that`s what happens. You go into a prison if you are

a high-risk inmate, you may be in solitary. That doesn`t speak to the facts of the case.

Let me ask you this. A neighbor -- a neighbor says at the funeral Wagner said my husband didn`t commit suicide. It was an accident. That`s

entirely different than what she said to the police, which was the first statement was the gun was to his head. And the other statement was the gun

was a couple of inches away from his head. Those are inconsistent statements to the police and extremely inconsistent to the neighbor. How

do you get past that?

PALAZZO: Really not inconsistent. You have to realize the situation that you are talking about. You are talking about a woman that said over and

over again, he went in, pulled the gun out, put it to his head and fired. So as far as any inconsistencies with that, whether it was right to his

head, six inches, 12 inches to his head, the statement has been said over and over, he shot himself in the head. That`s been said over and over

again and has not been contested.

BANFIELD: don`t you also - Mr. Palazzo, don`t you also contend that the forensics suggest that the gunshot is towards the back of the head whereas

the police are contending it was to the temple? I don`t think forensics lie. I`m a little confuse.

PALAZZO: NO, no, no. You actually have that messed up. You have that backwards. The forensics is clear, the CT scan is clear. This is right

above the temple shot. We actually had the coroner testify. And she said that this was right above the temple shot, a right to left impact going up

to the vortex front to back, front to back. That is classic suicide shot.

BANFIELD: OK. So Joseph Scott Morgan, jump in on this. You had a look at the report that the - text report not the actual CT scan. We don`t have

access to that. But what did it tell you?

JOSEPH SCOTT MORGAN, CERTIFIED DEATH INVESTIGATOR: Well, it tells me that the CT report, the radiologist didn`t actually identify the point of entry.

She talks about the shift, the bone fragments and metallic fragments. If I could back up just a little bit, in the statement that was made in court,

the coroner, the pathologist, what they were allowed to say, they never used the word temple. They said parietal, slightly above and behind the

right ear, traveling up and to the vortex. You have an injury above the ear, OK, that is traveling upward, on an upward trajectory that exited the

top of the head.

[19:30:00]

So, you know, at the end of the day, what we`re really going to find out is what`s going on with what the coroner has to say because they haven`t said

anything relative to range of fire in this particular case. And that`s --

BANFIELD: Yes, OK. I think I can hear your dog barking in the background. I think that`s yours. I`m not sure it`s in this studio. But I just want

to make sure our audience knows that that`s just something in the background. It has nothing to do with the story itself. And then, there

is this one other issue I just want to make sure, you know, I --

LEO PALAZZO, PERSONAL INJURY ATTORNEY: I like to -- I like to follow up on that comment though because what --

BANFIELD: I`m running flat out of time and I still have to get to the conflict of interest issue, Eric, real quickly, is it --

PALAZZO: But I --

BANFIELD: I -- honestly, I wish that I had more time, but I have given you more than everyone else in the segment. Eric, very quickly, is it a

conflict of interest for police officers to investigate something when it`s their own?

ERIC WEITZ, DEFENSE ATTORNEY: Who else is going to investigate? I mean, that -- I think that`s going to cut both ways in this case because if it is

one of their own who was murdered or died, you`d think they`re probably going to follow every single policy and procedure because they know they`re

going to be coming under greater scrutiny.

BANFIELD: And that that might be, you know, the area is ripe for appeal as well. And I do -- I do apologize, Mr. Palazzo, I wish I had more time, but

with four guests and some forensic material to run the 911, we`re going to have to visit you again on this. And hopefully, you`ll come back and visit

us again. (INAUDIBLE) thank you as well.

PALAZZO: I`ll be happy to.

BANFIELD: Awesome. Appreciate it. Leo Palazzo, thank you. Joseph Scott Morgan, as always, thank you for your insight. Eric, you`re sticking

around till the next block if you can.

Tonight, I`ve got a story out of Grand Rapids that I want to tell you about. There`s this Michigan couple in jail right now, and they`re facing

murder charges because of starvation of their own daughter, just 10 months old. And when the judge told them what the maximum penalty could be for

them, the dad literally could not believe what he was hearing. Take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: You`re both charged with what they call felony murder while in the perpetration or attempted perpetration of child abuse in the

first degree, they`re alleging that you murdered one Mary Welch. That is a charge called homicide felony murder. It is life without parole.

(END VIDEO CLIP)

BANFIELD: And that is the reaction from dad and the reaction from mom. Prosecutors say that Seth Welch and Tatiana Fusari did not seek any medical

help for that little baby girl, partly for religious reasons. An autopsy found that the child died of malnutrition and dehydration. Yes, here in

America. That`s all according to court documents, parents admitting that they -- to the police that they were aware of their daughter`s skinny

appearance and low weight for at least a month before she died. They are both now charged with felony murder. And as you heard from that judge,

child abuse. That`s quite a reaction.

Brad and Angelina`s divorce is taking quite a nasty turn when she has now decided to accuse him of being a deadbeat dad. Gone are the days of

Brangelina ruling the red carpet. Now, it is the question of how long is this public feud going to go on?

(END VIDEO CLIP)

[19:35:00] (COMMERCIAL BREAK)

BANFIELD: They`re one of the most famous couples of all time and one of the first ones to get one of those shared nicknames, Brangelina. Because

Brad Pitt and Angelina Jolie were superstars on their own, but when they got together and when the co-stars got pregnant and got married and started

adopting kid after kid after kid, they became Hollywood`s first family.

(BEGIN VIDEO CLIP)

ANGELINA JOLIE, ACTRESS: He`s my family. He`s not -- he`s not just a lover and a partner, which he is wonderfully, but he`s my family now. We

have history and we know we work hard to make -- to make it great. We don`t kind of relax about it and take each other for granted. So, like

everybody, we -- you know, we have our challenges, but we -- but we`re fighting to make it great.

(END VIDEO CLIP)

BANFIELD: She got that last part right, they are certainly fighting, but they`re not fighting to make their relationship great, they are fighting

almost two years into an ugly divorce that just got uglier and nastier. And you can throw any kind of other adjective you want at it. And they`re

fighting in the kind of way that makes you think that that movie "Mr. & Mrs. Smith," the movie during which they met, was kind of a foreshadow of

life.

(BEGIN VIDEO CLIP)

BRAD PITT, ACTOR: Your aim is better than your cooking, sweetheart. And that`s saying something.

(END VIDEO CLIP)

[19:40:03] BANFIELD: That might just be actually what`s happening now, metaphorically, Angelina firing ammo at her husband. But it may also blow

up in her face because Angelina just accused Brad of not paying something she`s calling, quote, meaningful child support -- meaningful child support

since they split, something he says just isn`t true. And now, she says he wants -- or she wants him to cough up money, so that they can finally get

on with their divorce. But Brad`s camp is saying this is just another jab in the bitter custody battle, maybe one of the worst yet because they`re

not just saying that Brad is all paid up in the money department, they`re saying Angelina is trying to drag his name through the mud and just

escalates this fight.

I want to bring in my panel, Christina Garibaldi as Us Weekly Correspondent, and family law attorney Randy Kessler is with me as well,

he`s the author of "Divorce: Protect Yourself, Your Kids, and Your Future" and he just so happened to have been in L.A. last Monday, mediating a

wealthy athlete`s marital woes, knows a thing or two about that county. All right. So, first, Christina, to you and the story itself, what is

going on?

CHRISTINA GARIBALDI, CORRESPONDENT, US WEEKLY: There is a lot going on, there`s a lot to unravel here. So like you said, Angelina said that Brad

is evading child support since they split back in 2016. So, she`s saying it`s been almost two years that he -- since he provided any money to his

children, and we are hearing that --

BANFIELD: She did not say any, she said meaningful.

GARIBALDI: Meaningful. Meaning ful.

BANFIELD: And that`s enough for anybody to judge. There`s no -- there`s no dollar amount, is there?

GARIBALDI: Sure, there`s no -- no, there isn`t. Well, he is saying that he loaned her $8 million for a home for their children to be close to him

in California and in addition to that $1.3 million for the children`s welfare, which we are hearing also includes security for his children. So,

there has been some meaningful money that he has been giving. Now, she said, like you said, that she just wants to kind of wrap this up, so it`s -

- you know, puts a -- puts a bow on this marriage and, you know, it enables them to co-parent well together. He is saying that this is just a thinly-

veiled attempt to manipulate the media and kind of drag his name through the mud.

BANFIELD: Also this weird thing that I think his camp has let out, and that is that they had a sit-down a couple of weeks ago, right?

GARIBALDI: Yes. No, they did. Back in --

BANFIELD: In meeting?

GARIBALDI: Yes.

BANFIELD: Nothing like this mentioned in the meeting.

GARIBALDI: No. This is the first time that Angelina has ever said anything about money.

BANFIELD: Isn`t that kind of crappy?

GARIBALDI: It is kind of crappy.

BANFIELD: Like when you go through these things, and I know of what I speak, OK? I`ve been through this. So, when you get together and you have

children and you come to these lawyers` offices and you meet, typically, you kind of collect it all up and you do that dump at that time and you try

not to draw up the lawyers` hours.

GARIBALDI: Oh, yes.

BANFIELD: So, why would that -- all of this business not even been whispered during a meeting a few weeks ago?

GARIBALDI: It seems like back in June that they went to the lawyers again because they had a different temporary custody agreement drawn out, she

want to see the kids to London while she shot "Maleficent 2" for the entire time. And he was like, I don`t think so. No, I want to be with my

children as well. So, the judge ruled in Brad`s favor, saying that it`s harmful for the children not to have time with their father.

BANFIELD: It is.

GARIBALDI: So they -- yes, it is.

BANFIELD: She`s also told she wasn`t allowed to say things, nasty.

GARIBALDI: Sure, yes.

BANFIELD: I`m trying to remember what the actual order was, you are -- you are not allowed to -- or you have to tell the children they are safe with

their father and that having a healthy relationship with both parents is critical. That`s a pretty strong word of judgment. Real quickly to Randy

Kessler, I don`t know what`s going on between them, I don`t know what kind of agreement they made, I don`t know what kind of money has gone back and

forth, but what is L.A. like in terms of child support and back child support?

RANDY KESSLER, FAMILY LAW ATTORNEY: Wow, it is La La Land. This is the kind of case that all divorce lawyers across the country talk about there

are no rules, there`s no norms, you don`t have a lot of appellate law because this is such a small percentage of American case law. And we look

at this kind of case for guidance. There`s some unique stuff in California like once they set child support, they then reward it retroactively to say

this is what you should have been paying.

And maybe she`s mad about the judge`s order, maybe she wants to make sure that there`s a -- you know, he gets the message that two can play at this

game. There are all sorts of subtle messages that get sent when you file things like this. We don`t know what`s happening, but it`s interesting to

watch and it`s fascinating to watch. And hopefully, from now on, when we have a case like this, we`ll say, remember what happened to Brad and

Angelina? Don`t let it go there. Settle your case.

BANFIELD: Brangelina may be precedent setting. You know, and listen, everybody should be able to take a deep breath because sometimes when it`s

a celebrity, the media is part of the battle. And that same kind of stuff wouldn`t be going on if they were just Mr. & Mrs. Smith. Sorry, that was

unbelievable that that actually worked its way in. But Christina Garibaldi, Randy Kessler, thank you both, really appreciate it. We`ll

continue to watch. And I hope those kids are OK. They all seem awfully cute.

How far would you go to try to talk your way out of one of those roadside arrests? Would you brag about your accomplishments, would you mention a

family member who is on the force maybe? Would you maybe tell the cops about how clean you are? That`s what this young lady allegedly did when

she was pulled over for DUI, telling cops that she was, quote, a very clean thoroughbred white girl.

[19:45:00] And while that sinks in, we`re going to arrange all these details to really make sense for you next.

(COMMERCIAL BREAK)

[19:50:29] BANFIELD: Before I begin this next story, I want to be perfectly clear, it is never OK to drive under the influence. There is no

defending it, there is no justifying it. But that seems to be exactly what 32-year-old Lauren Cutshaw allegedly tried to do when she was pulled over

last Friday, telling officers that she`d been out for some early celebrations for her birthday. Bluffton Police quickly decided she was a

drunk driver and took her in, and that`s when things went sideways because as Cutshaw got to the police station, she was listing out a lot of reasons

why she shouldn`t be arrested, and she was doing it in the field, too. And I`m about to play some sound for you from the field and you`d better be

sitting down for this.

(BEGIN VIDEO CLIP)

LAUREN CUTSHAW, DRUNK DRIVER: (INAUDIBLE) it was couple of glasses. So, why (INAUDIBLE)

OFFICER: (INAUDIBLE) glasses all the way up?

CUTSHAW: I mean, I was celebrating my birthday. I`ve never been arrested. Can`t you see that in your system? Can`t you see that I graduated from a

really good university. I was almost a valedictorian. I graduated with a 3.8. In my high school, I went -- I got a scholarship to my college.

(INAUDIBLE) for my birthday, please. I was an all American cheerleader.

(END VIDEO CLIP)

BANFIELD: She also said her partner was a cop and that she was in a sorority, the honor roll, the whole bit, but it was actually her next, her

next assertion that really catapulted her into the headlines. She told the police that she was, "a clean, thoroughbred white girl. A white, clean

girl." And when the officer asked her what exactly do you mean by that? She told him, "You should know what that means," adding later that, "You`re

a cop, you should know based on the people who come into this room." For the record, Miss Cutshaw blew a 0.18, and officers found pot in her car as

well, and she`s now facing a laundry list of charges.

With me now is Retired Police Lieutenant Randy Sutton. Randy, a part from being mocked mercilessly on national television, that cannot be helpful to

her case what she went and said there.

RANDY SUTTON, RETIRED POLICE LIEUTENANT: Oh, I can think that it`s not going to be helpful, especially, you know, everything is public now. The

fact of the matter is that people say unbelievable things, A, when they are drunk, and B, when they are trying to get out of a ticket. I`ve seen this

time after time after time that people act in ways that you would -- you would be shocked about. And the fact that she was a 0.18, that`s a really

-- that`s a really substantial amount of alcohol in her system. I can imagine that she woke up the next day with a lot more than a hangover.

BANFIELD: Yes, well, there is this, you know, lower third on national television like we said. Randy, thank you for that. Appreciate it. By

the way, you are white. There is no question but if this really happened, your record is not clean, not anymore.

You guys have all heard that expression partying until the cows come home. But what happens if you bust into their home and you are uninvited, and the

cops are on your tail? "ONE MORE THING" coming up next.

[19:55:00] (COMMERCIAL BREAK)

BANFIELD: I have "ONE MORE THING" for you tonight. Somewhere the Chick- fil-A cows were giving each other a high five after their bovine friends helped Florida Police catch a suspected car thief.

(BEGIN VIDEO CLIP)

PILOT: South and east of you, actually the large group of cows is following her for a good visual. Looks like they may attack her.

(END VIDEO CLIP)

BANFIELD: The chopper -- the chopper pilot. Herd of about 20 cows seemingly appalled that that woman had disturbed their sleep and they

quickly organized a cattle call to chase her around the pasture and right into the waiting arms of the police and onto the resume tape of that

chopper pilot. She has never seen a crime like that. Just awesome. Imagine, what the thief is thinking. Seriously, I had it. I had it.

See you back here tomorrow night, 6:00 Eastern. Thanks so much for watching, everybody. "FORENSIC FILES" begins right now.

END