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Dr. Drew
Erin Andrews Wins Her Lawsuit; Hulk Hogan Sex Tape Trial; Knife Found at Former OJ Simpson Residence
Aired March 07, 2016 - 21:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(COMMERCIAL BREAK)
DREW PINSKY, DR. DREW ON CALL, HOST: Tonight, this just in. Erin Andrews winning big. A jury awards her millions in her peeping tom lawsuit. And
the Hulk Hogan sex tape trial. The wrestler might be a public figure but he says his life in the bedroom is private. Plus, a knife discovery at
O.J.`s place, is this the knife? Let`s get started.
Breaking news, a jury finds Erin Andrews`s anguish get this, is worth $55 million. And the hotel where Erin was secretly recorded in the nude will
have to pay out a significant portion of this. Listen to the verdict.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: You find the Windsor Capital was 49 percent at fault. And Michael David Barrett was 51 percent at fault. Correct?
UNIDENTIFIED MALE: Correct.
UNIDENTIFIED FEMALE: Correct.
UNIDENTIFIED MALE: What amount of damages if any do you award the plaintiff, Erin Andrews, $55 million, correct?
UNIDENTIFIED MALE: Yes.
(END VIDEO CLIP)
PINSKY: Joining me live, Atlanta CNN reporter Nick Valencia. And Nick, any reaction from Erin Andrews after the verdict?
NICK VALENCIA, CNN CORRESPONDENT: Well, Dr. Drew, it was an emotion al trial for this Sportscaster. Seven days of testimony, two days of jury
deliberations for them to finally come to that verdict this afternoon awarding Erin Andrews $55 million.
And as that verdict was being read you could see the Sportscaster wiping away tears, her jaw clenched. She let out a heavy sigh of relief. The
judge ordered for those cameras in the courtroom to be turned off. But according to local reports Andrews could be seen hugging the jurors. She
left the courtroom without speaking to the media. But she did release a statement on her social media site on Twitter saying, "I would like to
thank the Nashville Court, the court personnel and the jury for their service. The support I`ve received from the people of Nashville has been
overwhelming. I would also like to thank my family, friends and legal team. I`ve been honored by the support from victims around the world.
Their outreach has helped me to be able to stand up and hold accountable those who job it is -- who`s job it is to protect everyone safety, security
and privacy."
Now, the defense has 30 days to figure out whether or not they`re going to launch an appeal. You mentioned $55 million. 51 percent will be
responsible for Michael Barrett, that already admitted stalker. The hotel group Windsor Capital expected to pay $26 million.
Again they have 30 days to decide whether or not they will appeal. If they do appeal, Andrews won`t see any of that money until after the appeals
process is complete. Dr. Drew.
PINSKY: Nick, thank you very much to that report. Joining me in Los Angeles now, Lisa Bloom, civil rights lawyer at the Bloom firm, legal
analyst for avo.com. Jane Velez-Mitchell, author and founder of JaneUnChained.com, Rolonda Watts, author of the romance novel "Destiny
Lingers," at March 15th, criminal defense attorney, Thema Davis, clinical psychologist.
So guys, Lisa reasonable verdict, yes or no?
LISA BLOOM, CIVIL RIGHTS ATTORNEY: I think it`s a great verdict.
PINSKY: Great verdict if you`re Erin Andrews.
BLOOM: You know why, it`s a great verdict and here`s why because the hotel is 49 percent responsible. Because they told the stalker what room she was
in.
PINSKY: All right 49 percent of $50 million.
BLOOM: Yeah.
(CROSSTALK)
BLOOM: You know what? You have to understand what it`s like to be a woman.
UNIDENTIFIED FEMALE: Yeah.
BLOOM: . and have naked pictures of you.
PINSKY: Slow down. Slow down.
BLOOM: . put out on the internet. For the rest of your life you can`t leave that down. Everywhere she goes people make comments about this. I
mean that`s what she testified to. You can`t make it go away.
PINSKY: I wish the -- where is the camera. I wish the world could see what I see. The of you ready to devour me.
UNIDENTIFIED FEMALE: I`m out of it.
PINSKY: I know.
ROLONDA WATTS, AUTHOR, DESTINY LINGERS: Bring it on me. Put that hacksaw saw through the wall. This is amazing.
PINSKY: Wait a minute.
WATTS: But it`s setting a tone. Its saying don`t even play with this. I think the hotels are treating women and guests differently.
PINSKY: Yeah.
WATTS: I think that anybody who is thinking about peeping on somebody is thinking differently. And if somebody peeps on me, I definitely think it`s
different.
PINSKY: OK, go ahead Jane. Have that one.
JANE VELEZ-MITCHELL, AUTHOR AND FOUNDER, JANEUNCHAINED.COM: It`s a victory for all women.
WATTS: Yes.
VELEZ-MITCHELL: And absolutely right, Lisa, men do not understand. They probably be proud if they had, you know what, be videotaped naked and to
have you go all over the world.
UNIDENTIFIED FEMALE: Right.
VELEZ-MITCHELL: But Erin Andrews lives in a testosterone filled world of professional sports. Every man she interviews, she`s going to look at the
eye and think had he see me naked. And if he smiles back at her, oh, is he smiling at me, (inaudible) at me, because he saw my breasts, saw my
buttocks?
I mean this is a violation. And women really understand why this woman deserves all the millions.
(CROSSTALK)
PINSKY: I thought one woman who looking at me, shaking her head. Thank you. I`m glad I`m not having facing of that.
SARA AZARI, ATTORNEY: I find this so distorted and so offensive. Yes, Jane. Because this is the day and age when their wrongful death suits for
minority kids who die because comes are shooting and killing them and they are lucky if they get a dollar.
When they hit the jackpot they might get a million or $2 million. This woman`s career got boosted. That`s a fact. And she`s making $55 million?
BLOOM: I don`t take that away from her. She didn`t choose to do this.
AZARI: I absolutely agree. I agree she was violated but it is not worth $5 million. I`m sorry.
PINSKY: In effect, the defense tried to show much like, Sara, the defense attorney is making the case right now. As Erin Andrews became more
successful since the nude video was put out on the internet. But take a look at what they say.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Would you agree with me generally that her career is now thriving?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED MALE: You`ve also done endorsements, right?
ERIN ANDEWS, AMERICAN SPORTSCASTER: Yes.
UNIDENTIFIED MALE: Done endorsements TruBiotics?
ANDREWS: Yes.
UNIDENTIFIED MALE: You also got endorsement for Reebok?
ANDREWS: Yes.
UNIDENTIFIED MALE: You also got an endorsement for Degree antiperspirant?
ANDREWS: Yes.
UNIDENTIFIED MALE: Also you got the endorsement for Diet Mountain Dew?
ANDREWS: Yes.
UNIDENTIFIED MALE: You also got endorsement Florida Orange Juice?
ANDREWS: Yes.
UNIDENTIFIED MALE: You also got endorsement for Physique 57?
ANDREWS: Yes.
UNIDENTIFIED MALE: You also got an endorsement for SK Energy shots?
ANDREWS: Yes.
UNIDENTIFIED MALE: You had done very well in your career since 2009.
ANDREWS: Yes.
(END VIDEO CLIP)
PINSKY: The jury also heard from a Jesse Palmer, ESPN football analyst, former co-worker of Erin`s. He claims that Erin Andrews was "emotional"
even before the video leaked. And I think that -- that strategy backfired on the defense. I think it made the victim seem even -- they sort of
blaming the victim which is not a popular strategy.
AZARI: And I think that might be why this other damages were $55 million.
PINSKY: Because of that defense?
AZARI: Well because I think the defense has to be careful. Before throwing her under the bus saying it was a publicity stunt and she was
asking for this, et cetera, because that backfires. And if the jury -- if you antagonize the jury in that way, they`re going to punish you by way --
so I`m not sure if this is worth $55 million.
PINKSY: You`re saying the thing I`m saying.
AZARI: Yeah.
PINSKY: You`re saying that this woman was victimized. Everyone agrees with Jane in principle.
AZARI: Sure.
PINSKY: But the fact that they started digging in deeper and sort of shaming her put the defense on the defense.
UNIDENTIFIED FEMALE: Correct.
PINSKY: And made them look sort of -- like sort of the problem of that.
UNIDENTIFIED FEMALE: Yes.
BLOOM: Yes, let`s be clear. She`s not going to get $55 million. She`ll going to be lucky if she gets $26 million that`s attributed to the hotel
because the rest is attributed to the stalker and he doesn`t have money, right?
PINSKY: Right. Right.
BLOOM: So we`re really talking about the $26 million.
PINSKY: I feel so bad for -- $26 million.
BLOOM: Wait, wait. $26 million is when a guy can guarantee you it will be settled or very substantially reduced on appealed.
PINSKY: Really?
BLOOM: All right. So this is just the beginning.
PINSKY: What if no?
BLOOM: The appeals going to be all of these issues that you`re raising. I don`t think that the hotel is just going to write or check for $26 million
to.
PINSKY: That should -- I think.
BLOOM: It`s not the way it works.
PINSKY: I think the hotel will going to (inaudible) business frankly.
BLOOM: Well, they have an insurance company. I`m sure they.
PINSKY: OK.
VELEZ-MITCHELL: Look. We can`t minimize what was done to her. This guy took a hacksaw and actually cut out the peephole.
UNIDENTIFIED FEMALE: Yeah.
VELEZ-MITCHELL: . and put a camera in there. What if he had put a gun in there instead and killed her?
AZARI: (Inaudible) prosecuted and went to prison.
VELEZ-MITCHEL: Yeah. But the point is have you ever been stalked? I mean being stalked by somebody is absolutely terrifying. And it can`t be
minimized.
(CROSSTALK)
PINKSY: Look guys, I have been stalked a number of times and haven`t collected a penny on that. I`m just going to tell you.
WATTS: Maybe you need a peephole.
PINKSY: Maybe I need a different story, I don`t know. My stalkers went to treatment, they got better, I was happy for that. They were sick.
BLOOM: Yeah. But it`s a big corporation (inaudible).
PINSKY: But listen, (inaudible) buzz me which is, you know, under your breast and I don`t have insurance cover that. Attorneys operate a lot of
about assumption like oh the business will be (inaudible) insurance companies. We all pay for that. We as consumers. Consumers pay for that,
Lisa. Who`s paying the insurance rates? Who`s paying the insurance rates?
BLOOM: I don`t necessarily pay that insurance company.
PINSKY: No. But you pay the hotel rate that confident -- if you incorporate those insurance rates into the rooms` rates.
BLOOM: You know what? And if the insurance company that tell the hotel, you know what? You don`t tell the man what room a single woman is.
PINSKY: I agree with that. 100 percent.
(CROSSTALK)
PINSKY: We got to break. Conversation keeps on. Later on, Nicole Simpson. Who killed Nicole Simpson and Ron Goldman? A just-found knife.
And its controversy about what this knife even looks like. It may hold the key. We`ll back talk about it after this.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: I detest the suggestion that she`s getting all these jobs simply because this has happened to her. We don`t know her career.
We don`t know how hard she`s worked. Let`s not disrespect her and think because she had this naked body opportunity that everybody is making it out
to be that somehow she`s benefitted from this.
UNIDENTIFIED MALE: All the things that she was benefitting with the career afterwards, that just not takeaway. How would you feel if your mother,
your sister, your daughter was being peeked on? I don`t care if she got a contract or what happened to her career. This woman was violated. And
that`s disgusting.
UNIDENTIFIED FEMALE: Absolutely.
(END VIDEO CLIP)
PINSKY: Erin Andrews colleague Jesse Palmer not only testifying her career improved after the video were leaked but he told the jury sexually explicit
heckling -- you guys are going to have love this -- my jury of young ladies today. He said sexually explicit heckling is to be expected in Erin`s line
of work. Listen.
(BEGIN VIDEO CLIP)
ANDREWS: I stopped right here and I tried very hard to block out. I`ve seen you`re this, I`ve seen you`re that. Hey, I see what you do here. It
happens all the time. Every single game.
JESSE PALMER, ESPN SPORTS ANALYST: To be honest. She gets a lot of attention for the way she. So I`m not sure what guys would say, but I sure
-- I know for a fact even before the incident there were people that were giving explicit sexual comments to her that are not appropriate but, again,
because of how she looks. I think I hate to say "expected" but I think in that job it kind of is.
(END VIDEO CLIP)
PINSKY: Back with Lisa, Jane, Rolonda, Sara, and Tama. And Tama there`s no doubt that Erin had suffered a post-traumatic stress response to this
experience.
THEMA DAVIS, CLINICAL PSYCHOLOGIST: Yes. I saw in one of the CNN reports the interview based that she gave and her mother gave about how this has
really left her as a shell of her former self. And even when she goes into hotels now she has to get them to change the room because she doesn`t feel
safe. She obviously covers up the peephole. She goes through all kinds of measures because she cannot really feel settled and the anxiety is
constant, and something she will struggle with for a long time.
PINSKY: And Sara, you`re still -- in spite of that you`re still skeptical about the amount.
AZARI: It`s so not worth $55 million, I`m sorry.
PINSKY: You would think you say -- I love the enthusiasm from three of you because you look like you`re going to devour me. And if I say something
slightly -- just for the sake of conversation, ladies (inaudible). But why (inaudible) Sara, if she were male would you guys just completely go after
her?
BLOOM: I`ll el go after Sara. Listen. Here`s the problem. If he just looked through the peephole this would be an entirely different case. But
he recorded it and posted it online. And it will never go away ever for the rest of her life. And she testified. I mean you just saw some of the
testimony. Everywhere she goes guys make comments about this. How they saw it. And they comments about her body.
I mean, literally for the rest of her life this will follow her. And I think that will drove the big number.
WATTS: And it affected her relationship she said. She has a distrust of men. She has inner turmoil.
UNIDENTIFIED FEMALE: And I guess that -- I`m not minimizing that. These are emotional damages. They`re severe that will fallow her for the rest of
her life. I agree with you, Lisa. But at the end of the day, when you put this in perspective and, you know, compared to cases that we seen in our
justice system. This is an outrageous, outrageous number that it`s just not.
VELEZ-MITCHELL: Let me put in perspective. Because women are killed in hotel rooms, women are stalked and they been murdered in hotel rooms. So
if the system exist which is what this guy did. He went to the hotel restaurant. He picked up the hotel phone asked for her and her room number
popped up. A killer could use that exact same strategy to go and then kill a woman.
PINSKY: Well, not anymore, right?
VELEZ-MITCHELL: Right. A lesson learned.
PINSKY: Because that`s a lesson on this -- lesson learned. OK, got it.
VELEZ-MITCHELL: But it could happen.
PINSKY: It could have happen, yes.
VELEZ-MITCHELL: But no. It sends the message to every hotel on the planet.
PINSKY: Right. And so it`s not going to happen now.
VELEZ-MITCHELL: So the reason why this money is important is that if they didn`t have to pay for the nose it wouldn`t force companies that run hotels
to change their systems.
PINSKY: It wouldn`t put them at such high alert for that. But Lisa is making a point that this is all about the viral quality. In fact that it
went on the internet. And to me, it makes me shudder a little bit that -- we`re going to set a standard where by every high schooler that invertedly
puts something on the internet is going to be liable for millions of dollars because that`s what you say. But let`s hear.
BLOOM: Who put a naked picture of somebody without their consent? Yes.
UNIDENTIFIED FEMALE: Yes.
(CROSSTLAK)
PINSKY: No. You`re going to be criminally liable. You`re going to be criminally liable.
BLOOM: Yes. And you should be. People have the right to privacy.
PINSKY: But don`t you think this is going to set some sort of standard? You`re saying that the issue.
BLOOM: I hope so.
UNIDENTIFIED FEMALE: Yeah.
BLOOM: I hope so.
PINSKY: All right.
BLOOM: I think because we got.
AZARI: We have the same standard a lot less money. That`s the point.
PINSKY: Let`s hear from the stalker. This guy is Michael Barrett. This is the guy that did this whole nonsense. The guy that cut the peephole
out. Look in through at her. Set the room up. Put a camera. The guy was diabolical. And here is what we felt when the video, he pleas he said he
felt when the video went viral.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: When you saw the video you posted of ms. Andrews that you had taken at the national Marriott went viral, how did that make you
feel?
MICHAEL DAVID BARRETT, STALKER: Horrible.
UNIDENTIFIED MALE: Why?
BARRETT: Because I knew what I was doing was wrong. I knew it was a horrible thing. For her sake, for my sake. I knew that soon enough I`d be
in huge trouble.
(END VIDEO CLIP)
PINSKY: And he went to say he could not explain why he posted the video even though he knew he was not getting paid. This guy -- take a listen.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Posted the video on the website?
BARRETT: I do.
UNIDENTIFIED MALE: For what purpose?
BARRETT: It`s a great question. I really don`t know why I did it.
UNIDENTIFIED MALE: Why did you post the video of Ms. Andrews on website you told us about even work (inaudible).
BARRETT: That is a great question. I really -- I`ve thought about it over the years. I don`t have a good answer for you. I don`t know.
(END VIDEO CLIP)
PINSKY: And Thema, let`s try to formulate, speculate an answer of that. I mean this guy is down and out, he`s angry. Misogyny, hatred.
DAVIS: Yes.
PINSKY: This is an aggressive act against a young woman, wouldn`t you agree?
DAVIS: Absolutely. It`s total of justification and the humananization. He didn`t see her as a person. He saw her as a point of his obsession.
And so he felt like he had the right to do that. And that`s why it was important for a strong statement to be made that it is unacceptable.
PINSKY: Next up, Hulk Hogan on the stand today. He is suing a media website. Speaking of viral video, guys, the theme for today. He is suing
a media website for part of a -- their part and compromising, well, for putting up, for posting a compromising (inaudible). Bring you (ph) inside
the courtroom. This is -- lot going on this case too. Stay with us.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
HULK HOGAN, AMERICAN PROFESSIONAL WRESTLER My arms had never done this before. My hands started shaking violently when I got off the phone.
UNIDENTIFIED FEMALE: Hulk Hogan, six-time WWE heavyweight champion in the courtroom today, ready to tangle.
UNIDENTIFIED FEMALE: Hogan who`s real name is Terry Bollea may be taking on his toughest opponent yet, media company Gawker in court. The website
published a sex tape recorded in 2006 where the WWE star is intimately caught on tape with Clem.
Gawker says in any number of sources had knowledge about Terry Bollea using racial slurs on the sex tapes.
UNIDENTIFIED MALE: This man was watched without his knowledge and without his consent.
SETH BERLIN, GAWKER ATTORNEY: Gawker and its lawyers were not responsible for this leak and we think it is an effort to deflect attention from the
real issue.
(END VIDEO CLIP)
PINSKY: Hulk Hogan`s real name Terry Bollea wants $100 million from Gawker. We thought $55 million was a lot. He wants $100 million from
Gawker posting the sex tape back in 2012 claiming invasion of privacy. He took the stand today said the encounter with his best friend`s wife
actually began as some sort of light-hearted joke that went -- well, you`ll see. Take a look.
(BEGIN VIDEO CLIP)
HOGAN: (Inaudible) Heather were together in a car. He would say, hey, (inaudible) Heather says she wants to see you naked or Heather wants to
have sex with you or Heather wants to see the size of your penis. It started out like that. You know. Where it was kind of joking around but
it was -- it caught me off guard. You know, it was very weird.
(END VIDEO CLIP)
PINSKY: Let`s say Hulk, you caught me off guard, too. Back with Lisa, Jane, Roloda, Sara, and Thema. There is some back story on this. In spite
of it you get everybody off guard.
BLOOM: Yeah, there is.
PINSKY: Yeah.
BLOOM: And so he is saying that he`s really affronted by Gawker posting this video. Now he`s saying that he was friends with Bubba the Love Sponge
Clem and his wife Heather. They were in an open marriage. Heather was always remarking about how she wanted to have sex with him.
When Hulk Hogan`s own wife filed for divorce that`s when he said, "OK. He`s left with Heather," in the house. The encounter was the encounter was
filmed and it was leaked to Gawker in 2012. And, you know, Hogan and Bubba have publically spar like an Hoard Stern about whether Hogan knew. He was
filmed or not. Hogan maintains he did not know he was being filmed.
He sued Bubba out of court for an undisclosed amount. Bubba apologized on the radio show saying Hogan did not know he was being filmed. They settled
for an disclosed amount and now he`s asking for $100 million for Gawker.
Gawker didn`t post the entire video, just segments of it. I think he deserves damages here.
PINSKY: OK. So Erin Andrews -- wait a second. Erin Andrews gets 55 million. Should Hulk get something similar?
BLOOM: It depends on what his emotional distress damages are. Was he truly.
WATTS: Oh come on.
BLOOM: . as it agreed as Erin Andrews was.
WATTS: (Inaudible) emotionally damaged when he tipped over his friend`s house.
UNIDENTIFIED FEMALE: Right.
WATTS: . and did his wife? You are not a victim. You are if this is true, you a hoe, Hulk.
UNIDENTIFIED FEMALE: He was a very naughty.
WATTSS: He`s a hoe.
UNIDENTIFIED FEMALE: He was a very naughty boy. But put yourself in his shoes.
PINSKY: When he was going to consenting adults.
UNIDENTIFIED FEMALE: That means.
UNIDENTIFIED FEMALE: Right.
UNIDENTIFIED FEMALE: That`s right.
PINSKY: He was taped without his knowledge.
UNIDENTIFIED FEMALE: Yeah.
WATTS: No. First of all, they got on the air waves talking about who`s bigger, who`s this doing the man chesting. Of course, men think they`re
going to make more than women anyway. And they -- and it was talking about this whole thing.
So when they showed the video of what he was already talking about, then that`s where the little shady part comes out. You know, they made it
public. Well, here it is.
(CROSSTALK)
VELEZ-MITCHELL: Any of you, if you`ve had sex with somebody, especially you shouldn`t be having sex with so all of the sudden has that video.
(CROSSTALK)
PINSKY: Hold on. One at a time. One at a time.
VELEZ-MITCHELL: For everyone to see in the world and you thought it was a private event. Yes. He was a bad boy for having sex with, you know, his
best friend`s wife. But to see it on the internet.
PINSKY: Thank you.
WATTS: But wait a minute, but here`s the thing.
PINSKY: What`s for me?
WATTS: If you`re going to get on the air and you`re going to talk about this thing, you`re going to talk about oh I did your wife (inaudible).
(CROSSTALK)
WATTS: Go back and forth and then somebody shows what you are talking about. It reminds me of -- Jane, you remember these days. Go back to the
old Gary Hart days. Remember Gary Hart said, they were like, we think you are having and Gary Hart said to the press, "Oh yeah. You think so?
Follow me." And we did and we caught him on a little boat called Monkey Business.
PINSKY: All right. Now let me -- on the phone I`ve got Tom Kludt. He is a CNNMoney reporter -- Money media reporter.
Tom, you were live tweeting from court today. What did you see? What is Hulk like? How did it go?
TOM KLUDT, CNNMONEY MEDIA REPORTER: Oh yeah, I would say the central theme of Hogan`s testimony was that there is a fundamental difference between the
wrestling character he`s portrayed for decades and to the man behind that character, Terry Bollea.
His attorney is repeatedly during the station (ph) between the two and they close the series of question to Hogan that were quite clearly intended to
humanize him. You know, at one point, Hogan said unlike the character he`s actually pretty soft-spoken. He isn`t loud and mad. And he was softie
when it comes to his kids. He has (inaudible) saying no to them.
Gawker, meanwhile, seems (ph) there are a number of inconsistent statements his made about this (inaudible). They played media interviews in which
Hogan said he watched the video package that Gawker published on their site 2012, and actually contradicts claims that he made in previous depositions.
But Hogan said he made those false (inaudible) reporters when he was in character. Gawker also attempted to raise the doubts that Hulk Hogan had
no idea he was being recorded at the time. Just (inaudible) from this coin, the attorney wondered why Hogan could be heard asking about cameras
on the sex tapes. Hogan said he was simply a bit frazzled at the time. He described that there`s a surreal experience. You know, he was having sex
with his best friend`s wife. And that comment just popped out.
PINSKY: You know what? Thanks Tom. I don`t understand Lisa. I don`t understand why a Gawker we call them a website. Why website can take a
tape that belongs to somebody else let say he just claimed he didn`t know he was being taped.
LISA BLOOM, ATTORNEY: Right.
PINSKY: And they can take it upon themselves to distribute as you said in the Erin Andrews case to put it out forever for the world to see.
BLOOM: I agree.
PINSKY: That`s not OK.
BLOOM: Listen, do we still have a right to privacy or not in America? And if we do have any right or writing .
PINSKY: We are worried about encrypting iPhones and protecting terrorists. This guy has a sex tape video that blasted all other the world.
BLOOM: If we do have any right of privacy shouldn`t it be about having sexual relations in a private home? Shouldn`t that be the last thing we
would protect?
JANE VELEZ-MITCHELL, JOURNALIST: I think that`s not the argument.
SARA AZARI, ATTORNEY: Yeah, because not the issue.
PINSKY: What`s the argument.
AZARI: It`s not just that celebrity. He is a celebrity. He`s a celebrity who is showcasing his sex life over and over again on his reality T.V show,
on Howard.
PINSKY: What are taking about?
AZARI: I`m sorry. No, he`s .
BLOOM: Because a lot of people talk about sex. That doesn`t mean they should be secretly videotaped.
AZARI: Basically say certain for I get to select what parts of my private life and to protect and what parts are news worthy. And he doesn`t get to
do that.
PINSKY: Wait a minute. All right, so let`s say some -- let`s go to extreme. Let say somebody is a porn star and somebody sticks a camera in their
private relationship with somebody they have an intimate encounter with and they just air that because, hey man you`re a porn star we can do what to .
BLOOM: And I would fight to that person .
PINSKY: 100 percent, 100 percent. I want to show you more from Hogan today. He is setting the story of betrayal because there`s a lot to this
story. Take a look.
(BEGIN VIDEO CLIP)
HULK HOGAN, FORMER WRESTLER: A lot of things were happening at the same time. I tried unsuccessfully to get my wife to come back. When Bubba said,
hey, man, come over to the house, you know, let`s talk. You know I was just so desperate I went over there. One thing led to another. I just let
my guard down. I felt like those people cared about me. I felt like I bottomed out. I felt like just gave up or I just gave in, let my guard down
and it just happened.
It was the only place I felt safe. As crazy as that sounds. Those people -- Bubba made me feel like he was my best friend. Those people made me feel
like they loved me.
(END VIDEO CLIP)
PINSY: Thema, I`ve got people in the studio here giggling at that commentary that he just made. And I`m going to say given he had wife or
just left him, he was vulnerable Bubba. How does a great radio talent, Hulk has been close to him for a long time. I`m saying what he`s says there
could be true.
THEMA DAVIS, PH.D. CLINICAL PSYCHOLOGIST: Absolutely. I think we have to be careful that even though someone may have a lot of bravo (ph) and they
might speak a lot about sexuality, people are still human beings. And so, you can have disappointment, you can betrayed. And I think sincerely that
he wasn`t expecting that video to be leaked. Whether he knew it was happening or not, I agree. I believe him when he said he thought he could
trust them. And I believe he was surprised when the video showed up online.
PINSY: I think you guys are confusing the character with the man. I really do. Jane, don`t you think?
VELEZ-MITCHELL: I agree that, you know, my dad used to say freedom of speech isn`t shouting fire in a crowded movie theater. So many of us have
cameras in our homes. I have a camera so I could see my dogs when I`m out. You know, if somebody were to surreptitiously videotape me having sex, and
then publish that. And say, I can do that because in my memoir I talked about coming out and I talk about my sexuality.
PINSKY: That`s it. Perfect example.
VELEZ-MITCHELL: We are all at risk.
PINSKY: And by the way every one of your smart phones and you smart T.V.s, your computer. You`ve got a camera there that can be hijacked and they can
get you. Somebody can find a why in. What difference does it make if they find a way their own in or somebody hands them a tape to put on the
internet. There is a problem here. I don`t know that it is 100 million just the way I object to $55 million for Erin Andrews I object to $100 million
here. But I do think the point is very well taken. Lisa, what the other .
BLOOM: Yes, yes. I`m totally with you. I just supported right of privacy.
PINSKY: Support me?
VELEZ-MITCHELL: Absolutely, for right to privacy.
AZARI: Negative.
PINSKY: Negative, why? What are you saying? Because I just said so.
AZARI: I do support a right to privacy but I`m against $100 million.
PINSKY: And that`s what I`ve said that something.
AZARI: Everything is possible in Florida.
PINSKY: And I don`t want Lisa to say, oh they`ve got insurance (inaudible) open here.
BLOOM: They are a big wealthy media company I`m sure they can handle it. Next stop -- wow attorney`s think so differently than rest of us.
Next stop we will update you on the forensic testing being conducted on the knife found in O.J. Simpson`s old property. What does it all mean? We`ll
tell you after this.
(COMMERCIAL BREAK)
UNIDENTIFIED FEMALE: You`re charged in this complaint in case number BA097211. In Count One, that on or about June 12, 1994 that I need Orange
of Los Angeles, you committed the crime of murder. It is further alleged that in the commission and attempted, that commission of this offense, that
you did willfully, that you did personally use a deadly and dangerous weapon, a knife.
PINSKY: A shocking discovery in the murder case involving O.J. Simpson. A knife reportedly found more than a decade ago on the football star`s former
estate. Just surfacing after being obtained by police in the last month from a retired LAPD officer.
UNIDENTIFIED MALE: He claimed that an individual who claimed to be a construction worker provided him with this knife.
UNIDENTIFIED FEMALE: at the time do you wish to plead guilty or not guilty.
UNIDENTIFIED MALE: Not guilty.
(END VIDEO CLIP)
PINSKY: The sudden appearance of a knife on property that used to be O.J.`s Rockingham estate. It has people asking why now, what if O.J.`s blood, DNA
or fingerprints are found on the knife? A trial the medical examiner described what the knife likely would have looked like. Take a look.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Would be a six-inch-long blade, single edge cutting blade with a blunt edge up to 1/8 inch in width and about 3/4 inch wide.
(END VIDEO CLIP)
PINSKY: Back to Lisa, Jane and Rolanda, Sara and Thema. Now Jane and Rolanda and Lisa too you guys are all covered the trial, right? And do you
remember that testimony about the knife? What the knife looks like.
BLOOM: I mean, knife was missing and it was never found. It never came into the trial.
PINSKY: And now there is some, they were on the attorney for the guy who have the knife said the client had done properly, right?
ROLONDA WATTS, AUTHOR: Yeah. Well, you know, this is so crazy. I can`t believe we`re talking about this so many years late. But the guy`s name is
George Maycott, he was ex-LAPD officer, he was a security officer on this construction site. And this was in 2002. This was near O.J.`s home. And his
lawyer says at the moment that he got that knife he turned it in to the LAPD. But he claims that the LAPD said, hey, look, the case is done. It`s
over. The case is closed.
PINSKY: Let me stop you.
WATTS: . getting trouble for double -- jeopardy.
PINSKY: Double jeopardy. Is that it? Would they likely close it out?
BLOOM: Well, double jeopardy does attach meaning O.J. cannot ever be retried for his murders, but the case is still open in the police
department because the murders were never solved.
PINSKY: Cold case.
BLOOM: So they still have an open file for the murders of Nicole and Ron.
PINSKY: So what it Sara is what Lisa is saying cause you to be suspicious that the guy never took it to the cops?
AZARI: Well, I mean the guy, remember, this guy wants to make some money off of this now because of the series, because the FX series.
PINSKY: So that`s the timing. That`s why .
AZARI: Absolutely. I don`t think it`s a coincidence that he was trying to frame this, and put a plaque on it and put the case number on it. He called
LAPD to get the case number and that`s what they say, you need to cooperate with us and you need to bring this in.
PINSKY: And Jane, do you hear the controversy about? Some people are saying its just one those red Swiss Army knife, others saying it`s a five-inch
buck knife. Five-inch buck knife would fit the bill. A three-inch red, you know, Swiss Army knife, no way. They cannot do that.
VELEZ-MITCHELL: Not a boy scout.
PINSKY: Not a boy scout, no.
VELEZ-MITCHELL: A five-inch a buck knife would be perfect to commit this crime. Think about. You`re not going to walk around with a big knife,
kitchen knife. Somebody could see us suspicious. You want a folding knife, which is this knife so you stick it in your pocket then you can whip it out
and cut the person. Now, she was almost decapitated. She was sliced five and a half inches.
PINSKY: Well, Jane I`ve got Randolph Beasley here, is retired crime screen specialist, president of Seekfirst Forensic Consulting. What do you think?
What we are discussing here accurate?
RANDOLPH BEASLEY, FORENSIC EXPERT: Well, Dr. Drew, apparently so. I`m wearing a lab coat since it is now a lab case to examine the knife. And if
you look at the knife here, this is a smaller knife. If it is folding and it is a buck knife this knife could be examined and the potential of blood
being caked into the crevice actually here could actually be comparable.
PINSKY: Randolph let me ask the stupid question. What makes something a buck knife?
BEASLEY: Well, I think it is a buck knife simply because it is manufactured by a company called buck.
PINSKY: It`s funny but it`s not very good. I used to work a Saturday night surgical service in downtown Los Angeles in the `80s when there is a lot of
violence, a lot gun and knife violence. In every single stab wound that came in the guy says it some guy with a buck knife. And I`ve never got a
chance to ask that question now 40 years later. Thank you Randolph for that.
BEASLEY: (inaudible) Dr. Drew, that`s my speculation.
PINSKY: But be that as it may, do you think this is relevant? Do you really think we are onto something here? Are you skeptical like the rest of my
panel?
BEASLEY: Well, it certainly could be. I mean, the testing will determine it. If it`s a mixture if a DNA survived in the crevice of that knife and
didn`t degrade over the time then it certainly is possible with the technology nowadays.
PINSKY: But you guys.
UNIDENTIFIED FEMALE: I`m not so skeptical.
UNIDENTIFIED FEMALE: I`m not either.
PINSKY: But (inaudible) what if they find DNA on the knife -- the whole case was based on they`re not printing (ph) evident.
(CROSSTALK)
BLOOM: This knife is the symbol for the entire case. Either it shows that O.J. is guilty or that the LAPD is incompetent or both.
AZARI: But all the trial with the probably that the LAPD is uncomfortable.
WATTS: But it all come shows that somebody else is involved. There was a close friend who took the knife and hid it some place.
UNIDENTIFIED FEMALE: Oh, yeah.
WATTS: Might there be somebody else? If O.J. can`t get in trouble could a friend of his get in trouble and helped him?
VELEZ-MITCHELL: One of the things that I think is so fascinating. The entire acquittal was based on the fact that police planted all this
evidence.
PINSKY: That`s what I`m saying.
VELEZ-MITCHELL: If you plant evidence you plant it to find it not leave it there for 22 years. So the very fact that this knife has come out now at
this late date so many year later.
PINSKY: It can happen to be a television series.
VELEZ-MITCHELL: No, I think that this could be very well be the knife. Let`s face it. A knife was use to kill Nicole and Ron.
PINSKY: Oh, yeah.
VELEZ-MITCHELL: That knife is never been found. It`s not going to be found on mars or in Europe. It`s going to found near the crime screen. And it
was buried.
UNIDENTIFIED FEMALE: And it is the type of knife that people use to commit crimes like this.
PINSKY: If it`s that knife. I know where the Swiss Army knife business came from. And why people are saying it might like that.
BLOOM: The LAPD is not revealed what kind of knife it is.
PINSKY: And Marcia Clark spoke about Dateline about who she blamed for making O.J. trying that glove too. Listen this on NBC.
(BEGIN VIDEO CLIP)
MARCIA CLARK, PROSECUTOR: That was not my call. It was not my call. I did not want him to try on the evidence gloves. I never did.
JOSH MANKIEWICZ, DATELINE NBC: Whose call was that?
CLARK: That was Chris`s call. I was miserable from the moment that Chris said, no, I`m doing this. I never expected anything good to come of it. It
was physically painful. You know, that was not justice. And I thought of Ron and Nicole. And I thought, this is wrong. It`s so wrong.
MANKIEWICZ: Do you blame yourself for this?
CLARK: You know I always do. I do. I mean, I was the one trying the case.
PINSKY: And another issue, a physician who examined O.J. after the murder says, CTE, brain trauma experience by football player in the press a lot
these days. Boxers repeated head trauma may have played a role. The same doctor said, "No, he didn`t have enough head injuries during his days
playing in the field necessarily to qualify for CTE. But it does brings up interesting questions about whether there was a neurological problem here.
That he couldn`t contain his impulses, what other physiatric or gone was problems played in here and none of it. I was always struck that none of
it came out in court. Even today I was asking this, you know, why don`t people bring it up more the physiatric .
BLOOM: Well, that would come out of the sentencing phase if he had been criminally convicted, but which she wasn`t. Let`s remember, in 1997 a jury
did find him responsible for this deaths in the civil case.
PINSKY: Yes.
BLOOM: So there was some justice and there was a finding against him.
VELEZ-MITCHELL: I don`t think it had anything to do with any kind of neurological disorder. This was a man who felt that he owned this woman. He
was filled with rage that she was having other relationships with other men. He had beat her up numerous times in the past. I mean, there is
rampant evidence, she got black eyes. And he did what so many boyfriends do. You know and that`s the most dangerous part of here relationship when
you leave the man and take up with somebody else.
And unfortunately Ron was here at the wrong time just delivering glasses. But this guy was filled with rage and jealousy and this is just a classic.
He just happened to be famous.
PINSKY: You know, and Jane you bring up a really important point but I don`t think we really should characterized the story enough that way. This
is a story of domestic violence and domestic abuse. It something we see all the time. And you`re right, the world is classic. It`s classic. It
happened involves somebody who`s very high profile. But we didn`t think of it back then that way because these things were not discussed openly as
much as they are now.
Now, it`s more than 20 years after the murders, the case is still very painful for those close. We`ll hear from the Kardashians. Back after this.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
KHLOE KARDASHIAN, AMERICAN ENTREPRENEUR: Even when if I would get pulled over they would like the cops hated us, because my dad was defending O.J.
Simpson. So like if we would get pulled over, I mean we`ve been kick out of restaurants. Our cars got keyed like guilty all over it.
UNIDENTIFIED FEMALE: Seriously?
KARDASHIAN: People would not allow us to eat at their establishments.
UNIDENTIFIED FEMALE: What?
KARDASHIAN: Cops hated us that will run our plates. We would get pulled over for anything and everything.
(END VIDEO CLIP)
PINSKY: That`s Khloe Kardashian on her FYI program.
I am back with Lisa, Jane, Rolonda, Sara and Thema. And Rolonda you cover the case extensively in 1994. I want to show you a little footage from your
show back then.
WATTS: Oh, gosh. Let`s see.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Personally, I don`t think that he should have married that woman in the fist place. Now when he did marry her O.J. made a
statement that black women don`t have enough class for him. She that`s the decision he made then. This is the decision that he has to deal with now.
WATTS: As we can -- oh. You didn`t like that? What`s this reaction? Somebody talk to me.
(END VIDEO CLIP)
PINSKY: Rolonda, we need to put this under a microscope.
WATTS: I love you for that.
PINSKY: We did.
WATTS: I love you. That`s what put us on the map Dr. Drew is the fact that we came out hiatus and but put my journalism skills before there uncovered
the story. But the story was so much more than what was happening in the courtroom.
PINSKY: Of course.
WATTS: It was about America watching a big story, what it meant for domestic violence, what it meant for celebrity coverage and all of that
saying we were all out there. All of us were out there.
PINSKY: I don`t think we really thought about as carefully as we should have thought. I think you were unto it there. I mean, it taken real honest
appraisals from people out there what they really thought about that relationship.
WATTS: We did shows on. My interracial relationship is being ruined by the O.J. case. I mean, If the O.J. seeps into our society and our
relationships, in our consciousness and our subconsciousness more than anything was fascinating to watch the world watching this huge story.
PINSKY: Now back Khloe Kardashian said she has not watched the series yet. So here`s little more from FYI.
(BEGIN VIDEO CLIP)
KARDASHIAN: He was my uncle O.J. that`s what I called him.
UNIDENTIFIED FEMALE: Wow.
KARDASHIAN: So just hearing things or I might remember stories a little differently.
UNIDENTIFIED FEMALE: Yeah.
KARDASHIAN: I definitely want to watch it. I was just afraid of how they would portray my dad. Because I hear David Schwimmer did a phenomenal job.
I`ve seen all the documentary for like the rehashing of the footage of like the O.J. trial and all the stuff and just seeing like my dad and
everything. Again, I relived emotions like, oh my God, I forgot the sound of my dad`s voice.
(END VIDEO CLIP)
PINSKY: She thought her dad actually was so stressed out with the case that would kill him. And then Kris Jenner told Ellen how she found out that her
friend Nicole had been murdered. This from NBC.
(BEGIN VIDEO CLIP)
KRIS JENNER, FRIEND OF NICOLE: She and I were supposed to have lunch the next day, the after she was murdered. And she said she wanted to show me
things and talk about what was in her safe.
ELLEN DEGENERES, "THE DEGENERES SHOW": How did you find out that she was murdered?
JENNER: Her mom called me. I had known O.J. since I was 17-year-old. When I met Robert I met O.J. So that was, you know, very a long time ago. So he
was a big brother to me.
(END VIDEO CLIP)
PINSKY: Oh, boy. That kind of gives me chills when I think about that. We need to revisit domestic violence over and over again. The fact that that`s
not more of the conversation we are having is disturbing to me.
BLOOM: Yeah. And remember that Nicole said in a letter that was revealed later if anything happens to me it was O.J., O.J. did it.
PINSKY: And I think about the fact we complain about the 911 calls going public today at TMZ area the 911 call. Imagine if we had TMZ today or even
these, even Gawker and they had gotten a hold of the 911 phone calls from Nicole to the police about O.J.`s violence. If we had been able to
scrutinize that before the tragedy it would have been a good thing.
WATTS: Reports of domestic violence went up 50 percent after that case came out.
PINSKY: Well, that`s good. It is a routine problem, it`s a common problem. It still goes unidentified. If you are the object of any kind of
aggression, violence, emotional, this physical abused there is helping your community I guarantee it. We are back after this.
(COMMERCIAL BREAK)
PINSKY: Thank you all for watching. Jane, you wanted to say to Robert Kardashian would have been a better friend, how not so codependent and
confronted his friend O.J.
VELEZ-MITCHELL: Yes, yes.
PINSKY: We got to leave at that. DVRs and you can watch us anytime. Great job panel. Thank you for watching.
We`ll see you next time.
END
