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Dr. Drew
Charlie Sheen Under Criminal Investigation For An Alleged Death Threat Against His Ex-Fiancee; A Woman Who Made Her Ill Child Perhaps Even Sicker By Putting Medication In His Feeding Tube And Now Is reunited with him and speaking Out; Jessica Valik Wants Her Story To Be Told; An Innocent Man Savagely Beaten By Police Because Of Mistaken Identity; Under Cover Cops Beat A Man Unconscious Before Realizing They Got The Wrong Guy
Aired April 07, 2016 - 19:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEOTAPE)
[19:00:17] DR. DREW PINSKY, HLN HOST OF "DR. DREW" SHOW (voice- over): Breaking news tonight, Charlie Sheen under criminal investigation for an alleged, get this, death threat against his Fiancee, his ex-fiancee.
We will hear from Charlie.
Plus, Benadryl mom, so-called; she put medication in her ill son`s feeding tube and went to jail. So, why is she back with the child tonight?
Caught on tape, an innocent college student choked unconscious by the FBI and the police. He was punished. Look that the. They were not. How
does that happen? Let us get started.
(END VIDEOTAPE)
(MUSIC INTERMISSION)
PINSKY: LAPD has confirmed they are investigating Charlie Sheen and that they have a search warrant related to threats he allegedly made
against the life of his ex-fiancee. Her name is Brett Rossi, former adult film star.
In secretly recorded audiotape, Sheen is reportedly heard saying, quote, "This piece of blank needs to be bleeping buried. I would rather
spend 20 grand to have her head kicked in." This, of course, on the heels of Mr. Sheen revealing he is HIV positive. Watch this from NBC News and
Dr. Oz.
(BEGIN VIDEO CLIP)
CHARLIE SHEEN, ACTOR/CELEBRITY: And, I am here to admit that I am in fact HIV positive.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
SHEEN: I have to put a stop to this onslaught of sub truths and very harmful and -- and material stories that are about the threatening the
health of so many others, which could not be farther from the truth.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
DR. MEHMET OZ, HOST OF "DR. OZ SHOW": You told me about a dream that you had once when you were 28.
SHEEN: I was pencil thin. I was pool cue thin. My face was bloated, my eyes were pinched. I was pasty and white and sweating. And, I had a
sign around my neck and it said one word on it written in red.
DR. OZ: What did it say?
SHEEN: It said "AIDS."
(END VIDEO CLIP)
PINSKY: Joining me Sam Shacher, "Pop Trigger" on Hulu; Lisa Bloom, Civil Right Lawyer at the Bloom Firm, Legal Analyst for Avvo.com; Karamo
Brown, former social worker and Ken Baker, Senior News Correspondent, "E! News." Ken, I do appreciate you being here. Give us the latest.
KEN BAKER, SR. NEWS CORRESPONDENT, E! NEWS: Well, the latest is attorney for Sheen denies this all and says it is untrue that he made any
threats against her. And, Charlie`s position all along from the time that he admitted and came out and said that he was HIV positive was that, that
never knowingly passed along without anyone`s knowledge of him having disease, that he purposely infected anybody or even potentially did.
So, there has been denials on his side for quite some time of this. But as far as what went down this week and the specifics of it, we really
do not have a lot of information right now besides what the LAPD has released.
PINSKY: Is "E! News" hot in pursuit of anything? Can you give us anything that you are contemplating or thinking might be going on out
there? Are you hearing anything when you put your ear to the ground?
BAKER: I think a lot of people have been worried about Charlie. They do see a lot of erratic behavior. It seems he had gotten it under control.
But, now with these new allegations and him making threats and he really has not been seen out that much to be honest with you.
He has definitely changed a lot of his behavioral patterns. And, when Charlie recedes and you do not see a lot of him, usually, it is kind
of a little bit of the devil`s workshop, if you know what I mean. So, I think just on our side of things, we have been trying to get to the bottom
of what he is up to, because he does have a very, very checkered history of abuse.
PINSKY: Yes.
BAKER: And, it is not a good time for him.
PINSKY: Thank you, Ken. Lisa, I saw you shaking your head when Ken said that he had not intentionally transmitted HIV to anyone or knowledge
to be done so. But, the laws in this state are quite a bit different about the potential of exposing somebody.
LISA BLOOM, CIVIL RIGHT LAWYER: Well, first of all, let us be clear about what he said. "I never had sex with anyone when I was HIV positive
that I did not warn in advance."
PINSKY: He said that on the record.
BLOOM: That is what he said on "The Today Show." "Not that I did not transmit it knowingly," but he made a very clear statement to Matt Lauer,
who followed up, "Are you sure?" He said, "Yes, I am sure."
A lot of women have come out of the woodwork, including one who I represented. She spoke publicly about this, to say that is absolutely a
false statement. And, now his ex-fiancee says that as well.
And, I also just want to remind everybody about Charlie Sheen and what he has done to women over the years. Woman after woman has come out
and accused him of domestic violence. He has pleaded no contest in a couple of situations to domestic. So, it is not a checkered past. It is a
violent past toward women. Let us call it what it is.
[19:05:00] PINSKY: Karamo, let me get in Karami, a social worker. How do you read this? Because to me, I got a man who is bipolar, drug
addict, impaired states, may do God knows what. Maybe, he does not even remember what he did in those states. I am not making excuses. And, I
agree, that past is what is coming to haunt him now. What you say?
KARAMO BROWN, T.V. HOST: Yes. There are a lot of factors that play into it, but for me everyone is wrong in this situation. Because we have
to look at a person how stigma plays into this and why Charlie reacted --
PINSKY: Stigma?
BROWN: Yes. HIV stigma in this country and how he would react to certain way, especially when he has the mental illness and also the drug
use. But then, also we are talking about what we should be emphasizing is the importance of pre-sex communication and really having those
conversations.
And, that is why I say everyone is wrong here, because when do these women take their accountability? Again, I am not making excuses for
Charlie, because he was wrong in this. But, when do we make starts saying, "Hey, how did you have a conversation to protect your own health?"
SAMANTHA SCHACHER, HOST OF "POP TRIGGER"ON HULU.COM: But, they did though. But, the women claim they did ask him. Apparently, it is recorded
on tape where she said, "Hey, you know, do you have HIV before we have sex?" And he said, "No, I do not."
PINSKY: Let me get some of that. Let me get to this.
SCHACHER: OK.
PINSKY: This is her name, Brett Rossi`s former fiancee. Her real name is Scottine Ross, I guess. She has sued Charlie for not telling her
he was HIV positive. Radar Online has tapes that were made public. She filed a restraining order against him and she spoke to Fox News.
(BEGIN VIDEO CLIP)
BRETT ROSSI, CHARLIE SHEEN`S EX-FIANCEE: The reason why I am speaking now is because I had no voice during our whole relationship and
afterwards, because I was scared of him. I am terrified of Charlie.
UNIDENTIFIED FEMALE INTERVIEWER: Why are you scared of him?
ROSSI: Charlie was so abusive to me and used intimidation tactics to make me fear for my life.
(END VIDEO CLIP)
PINSKY: Sam?
SCHACHER: Horrific. I mean it is horrific that he had the audacity to go on "The Today Show" and presented himself as some sort of martyr to
advocate to break down that stigma, which I applauded him publicly on Twitter.
And, he then continued to malign her character and present her as this liar, blame the victim. And, guess what, we find out that she was
telling the truth all along, and he continues to not own up. And, it is illegal and it is absolutely immoral.
BLOOM: And, let me say this about women in the porn industry. They are the first to ask in a sexual encounter about STDs, about using condoms.
PINSKY: True.
BLOOM: And, they have far less compunction about asking about the same thing than everybody else.
BROWN: Well, not all. We cannot say that all porn star dos that stars do that, because I know some who have not done that and they have now
living with HIV or other disease.
PINSKY: But, they do require them to be tested and looked at --
BROWN: They do.
BLOOM: Right.
PINSKY: -- and they pay attention to it. I think your point is well taken.
BLOOM: Yes.
BROWN: So, my question is why would you record that? You know, I do not want to seem like I am defending Charlie, because that is not the case.
But why would I record that conversation?
There had to have been some intentions. You might have known that something was going on. And, also I read some back stories about her. She
seems very damaged in her own self.
PINSKY: Hold on. So, Lisa, let us put it this way, so, what if Charlie is in this woman and starts thinking, "Oh, she could turn on me.
Do, I really -- He has not had sexual contact with her yet, let us say. "Do I want to tell this person that I have HIV?" How would he manage that?
BLOOM: Well, he can manage that by following the law.
PINSKY: No, no, no. But, can he make her sign a contract or something?
BLOOM: Well, he does make them all sign contract. That has been publicly revealed in his contracts.
PINSKY: But is that the law?
BLOOM: He makes virtually everybody who comes into contact with him sign a contract, which I personally think is unenforceable. But, it says
that they cannot talk about anything, they cannot sue him, et cetera.
PINSKY: It is bizarre.
BLOOM: So, he does that. But, listen, let us just be clear to everybody out there. This is the law. Whether we like it or not, the law
in most states, including California, is if you have HIV or other STDs, you are required to disclose it before you have sex.
If you do not, it is a crime. It is could be either a misdemeanor or a felony depending on other circumstances. So I think that is part -- as
far as I understand, that is part of what is being investigated about now as well as the criminal threat. We cannot tell from what has been released
so far and whether he is guilty or innocent.
PINSKY: All right.
BLOOM: And, he is certainly presumed innocent.
[19:05:00] PINSKY: We have got a lot more to show you on this case. And, later on, an innocent man savagely beaten by police because of
mistaken identity. Now, he is fighting back. We are back after this.
(MUSIC PLAYING)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE REPORTER: Police in L.A. say that they are investigating threats Charlie Sheen allegedly made. A lawyer for Sheen`s
former fiancee says that she was the target of death threats from the actor. His ex, Scottine Ross sued him last year claiming assault and
battery.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
ROSS: I am terrified of Charlie.
UNIDENTIFIED FEMALE INTERVIEWER: Why are you scared of him?
ROSS: Charlie was so abusive to me and used intimidation tactics to make me fear for my life. But for a year, it has been eating me inside,
staying quiet and being scared of him. I am not scared of the truth and he knows the truth.
(END VIDEO CLIP)
PINSKY: That is Charlie Sheen`s ex-fiancee, Brett Rossi, on Fox News. Sheen is being sued by her, and now the subject of a criminal investigation
by the LAPD. The question is, allegedly, he may have hired a hitman to kill her. The other issue, did he fail to tell sex partners that he was
HIV positive? Back with Sam, Lisa, Karamo and Ken.
Ken, you know, you said he went underground. You hear the conversation we are having out here. We are trying to sort of -- you know,
we are not condemning him, but what he is done may be completely inexcusable. We are trying to understand that some of the partners had any
role here. Are you talking to any of the people that he has been involved with?
BAKER: Well, no. They have not spoken to us. But, I think what is really important is kind of stick with the facts. There has been an
allegation made in a civil lawsuit. There has now been a search warrant executed to see if that tape really does exist as it was published in the
National Enquirer and Radar Online.
We have not confirmed anything, any of the specific contents on the audiotape that would show that these death threats were made or that he
admitted to being HIV positive and not telling her. But, he does have people speaking for him.
[19:15:01] Mark Burg, who is a very respected manager, actually, in town, he manages and represents Charlie Sheen. He came out in a statement
today. He told our sister news division NBC News calling Rossi an extortionist and saying that she was just bringing all this up because
Sheen would not marry her, which obviously is a very harsh allegation. We have not heard from that allegation.
But, I think that what is really important to remember here, guys, is that this has not yet been proved in court. This is still an open case.
It is an open investigation and Charlie really has not spoken on the record about it since all this news has come out.
BLOOM: Yes, but Drew, Charlie Sheen and his attorneys call every woman an extortionist who makes a claim against him. I mean that is just -
-
PINSKY: That is standard.
BLOOM: You know, that is just pull it out of the drawer, rubber stamp it. That is the press release that they are all extortionist. So --
BROWN: If you are recording --
BLOOM: -- you mean to tell me that years later, she is bringing these things --
BROWN: But, if you are recording, you are an extortionist. That is what always gets me.
BLOOM: If you are what?
BROWN: If she is recording this conversation. That is what always gets me. She is trying to extort money from him.
BLOOM: Well, I got news for you, because people like this come into my office every day. And, I do a lot of cases against high profile people
including Charlie Sheen. Everybody has a tape now. Everybody has an audio recording, a video recording, often they are illegal but people just record
everything. I mean this is our culture now.
SCHACHER: OK. You got to look at it in the context that if you are in an abusive relationship and you feel like that you are voiceless, what
are you going to do at that point? You think, "Ah, I am going to catch them red-handed."
I understand why she recorded him. If we find out that, that recording is true, I mean people -- whether or not that he hired a hit man
or not, just having sex with her and not disclosing that he was HIV positive is essentially hiring a hit man.
BROWN: I am still looking at her personal responsibility in this whole thing.
PINSKY: I want to play something for you from Howard Stern in the "Howard Stern Show," one of his previous sexual partners. She says she
heard make threats against the ex-wife, Denise Richards. Take a look.
(BEGIN AUDIO CLIP)
BREE OLSON, SHEEN EX-LOVER: I am the one he confided these crazy, weird thoughts to. And just the things he would say about Denise and his
plans for her. Out of anger, he was, you know, sort of speaking out loud and going "Oh, I am going to (EXPLETIVE WORD) her up."
OLSON: But, it was like the details of like -- when he would say things like "Do not worry. I know how to make people disappear."
(END AUDIO CLIP)
PINSKY: You know, first of all, I know Charlie has bipolar disorder. I know he is a drug addict. Those are two facts. We have heard his
doctor. He was on -- where did he disclose that?
BLOOM: On "The Today Show."
PINSKY: "The Today Show." The doctor came in and said that Charlie your HIV, we are going to take care of it, but your psychiatric illness is
that is what is going to kill you. And, people will fantasize and say very crazy things. I have only seen Denise Richards say nice things about
Charlie Sheen.
I have never heard her say anything that really strongly -- I am sure Bree heard those things, but I do not think that, that would put too much
in that. But, then Bree discovered that she had potentially been exposed to HIV herself. And, man, I spoke to her about that and she felt just
absolutely -- her trust was just shattered.
SCHACHER: Your trust shattered and then you have to worry about your livelihood. I mean to think that you are in love with a person and then
they tell you, "I am not HIV-positive" and then have sex with you and you later find out that you could be HIV-positive --
BROWN: But, we do not know that.
SCHACHER: -- I do not know anything more damning than that.
BROWN: We do not know that, though.
SCHACHER: If that is true.
BROWN: If that is true, that is the key thing here. And, the problem is that this conversation is only going to push anymore celebrities who are
HIV-positive or regular people who are HIV positive into the closet and be scared to disclose. This is why I talk about stigma.
PINSKY: I appreciate what you are saying, Karamo. And, by the way, maybe people should be taking pre-exposure prophylaxis more readily. I
just learned about that. Ken, I want to go out to you. Denise Richards, certainly, you have spoken to her over the years. I have heard her say
nothing but really kind things about Charlie. She is only concerned about his well-being.
BAKER: Yes. I mean they have had a lot of ups and downs to be honest with you. There has been some several incidents, where they are really --
I mean they are co-parents. They do have children together.
But, at the same time, I think that, you know, if these allegations are true, obviously, Charlie Sheen is a monster. And, I think anyone with
any sense of humanity would agree on that.
PINSKY: Yes.
BAKER: We are just at a point where we do not have all the facts.
PINSKY: Right.
BLOOM: But, there is a tape. That is the thing. There is a tape. And, if this tape gets released --
PINSKY: Yes.
BLOOM: And, it is as the National Enquirer reports him essentially admitting to these allegations, then he is in real trouble.
PINSKY: And, Ken I think your point is well taken, which is we want to give time to, you know, sort of get the facts in. But, if they are even
60 percent true, 50 percent true, I mean, this is horrible, horrible stuff.
BAKER: Yes. Absolutely. Just going back to the Denise Richards thing, do not forget now that Denise Richards, she relies on child support
money from Charlie Sheen. There is a real motivation for her to be in this good grace.
BLOOM: Very good friend.
BAKER: And, also they have a visitation agreement. So, I think Denise is in a little bit of a tough spot.
PINSKY: It gets so --
[19:20:00] BAKER: Yes.
PINSKY: It is so complicated.
SCHACHER: Power. It is not complicated. It is power.
BROWN: It is not a good point. The fact that she needs support for her children, all of a sudden that is the only reason she is saying.
Denise has her own mind. And, I think we are discrediting and taking away that if Charlie was this monster that everyone is saying he is, then she
would come out and speak about it.
BLOOM: But, here is how it works. I will give you this money if you sign this paper promising not to disparage me publicly.
PINSKY: Listen.
BLOOM: People sign.
PINSKY: I got a plan here. Charlie, please all of this is about the bipolar and the addiction. You may not be a bad guy. You may have bad
mental illness that you have allowed to spiral out of control essentially your entire freaking life. Please get treatment for this.
These are chronic progressive illnesses that need to be treated -- both of them needed to be treated on a daily basis. Without treatment,
horrible things happen. I want to believe you are not a bad guy, but you have a terrible illness. You have not taken care of it.
If you do not take care of it, as we say every night here, then it is on a legal system. You really want to deal with that as opposed to just
getting proper care and feeling better, really? I do not understand.
OK. Next up, a woman who made her ill child perhaps even sicker by putting medication in his feeding tube. She is reunited with him and
speaking out.
Later, under cover cops beat a man unconscious before realizing they got the wrong guy. Tonight, the victim is turning the tables. Back after
this.
(MUSIC PLAYING)
[19:25:00] (COMMERCIAL BREAK)
(BEGIN VIDEOTAPE)
UNIDENTIFIED FEMALE REPORTER (voice-over): Jessica Valik wants her story to be told. Baby Jax was born with a rare disease called
epidermolysis bullosa. His skin blisters at the slightest touch. On a day in September 2015, she says Jacksonn was so itchy he started scratching off
his own skin while lying in the hospital bed.
(BEGIN VIDEO CLIP)
JESSICA VALIK, MOTHER OF BAY JAX: So, I gave him a dose of his prescribed Benadryl. Notified the nurse after I gave it to him.
(END VIDEO CLIP)
UNIDENTIFIED FEMALE REPORTER: Jessica put the Benadryl in his feeding tube, a practice she is used to at home because that is how Jax
takes in all of his food and medication.
(BEGIN VIDEO CLIP)
VALIK: The elevator doors opened. There were cops waiting for me and I was arrested right then and there.
(END VIDEO CLIP)
UNIDENTIFIED FEMALE REPORTER: Police charged Valik with felony assault and endangering children charges. The hospital accused her of
trying to harm Jackson by adding the Benadryl to his feeding tube. Valik was immediately to jail in Hamilton County, Ohio.
(END VIDEOTAPE)
PINSKY: New developments, Jessica Valik has been released from that Ohio jail and reunited with her son. This, however, despite
recommendations from Ohio Child Protective Services, they have recommended that she stay away from baby Jax. The court now has awarded the custody.
Back with Sam, Lisa and Karamo. Karamo, where do you fall on this?
BROWN: I say she is guilty and she should not have her child.
PINSKY: Guilty of what?
SCHACHER: What?
BROWN: Guilty of harming her child. The thing is, is that as a social worker, it is our job to assess the child. See if there is neglect
or abuse. And, there is a lot of things that go on here.
So, if the child is -- you have to look at the mother`s intention. If this was an isolated situation or there was a pattern of behavior.
There are so many things you have to look at, how this will impact the child`s health and well-being --
BLOOM: So, where is the evidence that she had some kind of evil intent?
BROWN: Well, the thing is, is that if there are doctors outside, why would you give your child -- all you have to do was go outside and ask a
nurse or doctor to administer it.
BLOOM: OK. But, that does not answer my question.
BROWN: There are many people --
BLOOM: You are saying she should have done it in a better way. I think we all agree with it. But you want her thrown in jail, where is the
evidence of criminal intent?
BROWN: No. No. I do not want to throw her in jail. I said I do not want her child to be with her.
BLOOM: OK.
BROWN: If the Ohio Child`s Protective Services have said that they feel that this mother should not have her child, I agree wit that that.
They had done the assessment. They had done the research.
BLOOM: But, she does have custody of her son.
BROWN: I know. I said that --
PINSKY: The court.
BROWN: The court gave it to her.
BLOOM: OK.
SCHACHER: OK. Let us think about this poor mother. OK. 21 years old, doing the best she can. First of all, this child was on that specific
treatment with the Benadryl for four years. The child was itching at himself. She thought that she was doing the child a service, who has a
very low, short life expectancy rate to begin with.
PINSKY: Oh, boy.
SCHACHER: Had went through 500 blood transfusions, two bone marrow transplants, chemotherapy. She was by his side all this time, trying to do
the best she can. Then she gets thrown away behind bars for six months.
And, then you have to remember that the New York court and the judge really did take all this into consideration. And, they did find the mother
to be able to have custody of him. I think it is a disservice for you -- I cannot believe you would even say this mother tried to harm her child when
there is absolutely no evidence supporting that.
PINSKY: And, it was not covert. She did it out of desperation. She could not get the nurse`s attention. You know how it is in a hospital.
The people are busy and this is a minor thing. I would give my kids a Benadryl like I always did.
And, then she went out to the nursing station and said "Oh by the way, I gave him 25 of Benadryl. Hope that is OK." And, then she is hauled
off in chains. I mean come on now.
BROWN: What would have happen if this would have been a different scenario and this child would have a different reaction, died, choke,
anything would have happened --
PINSKY: Right.
BROWN: Then all of a sudden, now this mother was a murderer. So, all I am trying to say is that, again --
BLOOM: No she would not be a murderer, because she still would not have the intent.
PINSKY: Karamo. Karamo, I think you are suspecting there is a pattern here.
BROWN: There is a pattern. That is what I am saying.
SCHACHER: Oh my -- this is not --
PINSKY: No, no.
SCHACHER: This is not salt mom, though. This is somebody who actually went to the staff afterwards and said, "Listen, this is what I
did. I could not get a hold of you. My son was scratching at himself. Blood was coming out." This was not salt mom. She hid it. This mother
did not.
PINSKY: Let me outline for you as her attorney did last year after her arrest, Jax`s medical history. This was done in front of the judge.
And, then imagine yourself a 21-year-old single mom managing this.
(BEGIN VIDEO CLIP)
MASSIMINO IONNA, JESSICA VALIK`S ATTORNEY: He has a rare skin disease where his skin basically is not being accepted by his body. He has
been chronically ill since birth. He has had two bone marrow transplants.
He has had 500 blood transfusions. He is on over 50 medications. She has been at hospitals throughout the country and had him AirCared here
from where he was being treated in New York for better care.
(END VIDEO CLIP)
[19:30:00] PINSKY: So, she was airlifting this kid here to a specialized unit, trying out of desperation to get better care for him.
And, sometimes when you go for special care, as I have said many times, you do not get better care.
And, a representative for Cincinnati`s Children`s Hospital, baby Jax has autism also. So, just imagine yourself -- being a single mom
desperately trying to help this kid. I am wondering if the system did not fail the mom.
BLOOM: Absolutely.
PINSKY: Not the mom failed the system.
BLOOM: This is a severely disabled child, a very young mother who by all accounts was doing everything possible to help her child. And, guess
what, in a normal world, a mother can give Benadryl to her child.
And, even if God forbid, there is a terrible reaction, she is still not a murderer or guilty of any crime. It just happened that it was in the
hospital. And, I guess that was in violation of some rule. But, you know, we over criminalize so many petty things in our culture. And, this is a
perfect example.
PINSKY: So, this is a red letter day. Lisa Bloom says too many legal actions.
BLOOM: Oh, for petty little thing --
PINSKY: But, listen, here is what we call it hell. I want to show you what the prosecuting attorney said he believes. This is where he based
his case on. He believed this is outrageous to me that Jessica Valik suffers from Munchausen by proxy.
SCHACHER: Oh my gosh.
PINSKY: Munchausen by proxy is a syndrome whereby the mother is need for attention and care is acted out through the child by giving the child
imaginary problems -- let us called them sort of imaginary medical problems.
There is nothing imaginary about 500 transfusions, about your skin slipping off. Do we have pictures of the kid or some pictures of
epidermolysis bullosa, perhaps? Here we go.
You are about to see photos of baby Jax. These are graphic. I am warning you. Here is what epidermolysis bullosa looks like. It is a
chronic immune attack on the skin where the skin becomes inflamed and then sloughs off. It is painful. It is itchy. It is miserable.
BLOOM: So, what mother would not act if this is her child and tried to do something.
SCHACHER: And, not only that, think about the fact that the mom had to go to jail for six months and this poor baby could not be with the one
person advocating for his health.
BROWN: Can we just say this and agree with this. You agree that Child Protective Services is here to assess the needs of the child,
correct.
BLOOM: Of course. Yes.
SCHACHER: They failed the child this time. They failed this time this time.
BROWN: Well, no. There must be something in this case that we are not knowing about why they would make that assessment. That is the key
thing for me.
PINSKY: Karamo, I agree with you. I want to give CPS the benefit of the doubt. So, I got a crime reporter after the break, who has been
covering this since the beginning. Maybe he can tell us something to make sense of this.
Later on, caught on tape, a beating victim tells the officers that are beating him, they have got the wrong guy and then he is prosecuted. That
kid is prosecuted. Back after this.
(MUSIC PLAYING)
[19:35:00] (COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
VALIK: So, I gave him a dose of his prescribed Benadryl. Notified the nurse after I gave it to him. The elevator doors opened. There were
cops waiting for me and I was arrested right then and there. Whether or not what I did was right, I served time, and it is in our past. And,
Jackson and I are both looking forward to moving forward in our lives.
(END VIDEO CLIP)
PINSKY: Now, Jessica Valik spent six months in jail after admitting she had put Benadryl into her son`s feeding tube. He suffers from a
chronic skin condition, which is epidermolysis bullosa. It causes sloughing of the skin. It is like having your skin burned off half the
time.
He was hospitalized at the time. His mother had him airlifted to that hospital out of desperation for specialized care. Last month, the
hospital representative addressed baby Jax`s condition since having been removed from his mother`s care.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE HOSPITAL REPRESENTATIVE: Jackson has made amazing progress since being removed from Jessica`s care. In my brief interaction
with Jessica, she was consistently demanding of sedatives and= tranquilizers for Jackson.
Jessica bathed Jackson daily, which is not recommended by the EB team, and likely put Jackson through more pain daily. Jessica insisted on
bandaging and dressing changes that took upwards of eight hours, and refused any assistance during this process.
Jackson experienced large, open erosions and half-dollar blood-filled blisters, which is not typical for EB, during Jessica`s care. Jackson no
longer requires frequent blood transfusions due to vast improvements in his skin.
(END VIDEO CLIP)
PINSKY: All right. So, Karamo, there you go. That is CPS` position. They are observing some things that are out of line.
BROWN: Yes.
PINSKY: People with autistic and ill children, sometimes get desperate from medications. They cannot stand to see the kid suffering or
they do not know how to manage the kid. The wound changes, somebody -- to be fair, somebody may have trained her to do that and she may have thought
she was doing the right thing.
And, there may have just been disagreement on that. But, let me talk to someone who knows this case. J.P. Lawrence, he is on the phone. He is
crime reporter for the "Albany Times Union." J.P., you have been covering this story from the start. How is the community feeling about Jessica?
J.P. LAWRENCE, CRIME REPORTER, "ALBANY TIMES UNION": Now, I can tell you that Jessica Valik has a lot of fans and supporters. The story of her
and baby Jax was covered extensively here in New York.
Now, keep in mind when she was arrested in October, she was charged with three child endangerment and assault felonies. And, these charges
were dropped in exchanged for her pleading guilty to a misdemeanor charge in March.
For her supporters, this is a victory. In fact, Jessica Valik took to social media last week to defend her actions. "It has taken me six
months to fight my case and prove I had never harmed my son or did any of the things I would accused of doing she said. And, a lot of her
supporters believe her.
PINSKY: J.P, is this just some sort of power struggle between her and a new hospital and a social work team? I mean it is a very complicated
case. I cannot imagine being 21 years old and trying to care for something like that.
As a physician, if I were taking that child home, I would be overwhelmed if I were by myself trying to manage it. And here she gets in
these conflicts with the team that is there to help her. I agree, the misuse of sedating medication might be a real serious concern. But, should
not that team be supporting the mom and educating her as well?
[19:40:00] LAWRENCE: During prosecution last fall, prosecutors said they had witness accounts and evidence on tampering. They said that the
hospital staff became suspicious after the child had diarrhea. But when defending herself, Jessica Valik said that her son -- "To counteract my
son`s itching, I gave him a dose of his prescribed Benadryl."
She has posted photos of this prescription online. She believes that her son, because he does not take anything by mouth due to his condition,
simply cannot do anything besides intravenous injection. As a result all medications she said are given through his feeding tube, which has been
trained and approved for use for four years.
PINSKY: Yes.
LAWRENCE: This is what she and what her supporters say.
PINSKY: OK.
LAWRENCE: A relative I spoke to said the charges were, and I quote, "Bull crap."
PINSKY: OK.
SCHACHER: But we have to remember --
BLOOM: Then what we have been -- I am sorry, go ahead.
SCHACHER: But, we have to remember that this child needs 24-hour care. So, when the nurses are not tending to the kid quick enough, and I
get it the nurses are -- my sister is a nurse, they have a lot they have to do. But, this mom is going to have absorb some of that care. So, she will
be changing the bandages --
PINSKY: It is complicated. I get as Karamo originally suspected.
SCHACHER: But is it malicious? That is the key.
BLOOM: Wait a second.
SCHACHER: Is it malicious?
BLOOM: Would not it be better if we took all of these tens of thousands or hundreds of thousands of dollars that we are spending to
prosecute her, and give her the support and education and help that she needs?
SCHACHER: Yes.
BLOOM: Because she is clearly a loving a mother.
PINSKY: All hail, Lisa Bloom. All hail!
SCHACHER: Yes.
BLOOM: I mean what is -- Yes, clearly, she appeared to have made some mistakes, but you would know as a social worker, the goal is not to
separate the mother and the child. The goal is to united them and to give her the counseling and the support --
BROWN: Agree. I 100 percent agree with you, but the thing was that set me off is when I started reading the articles and I knew about her
Facebook posts, she is not taking responsibility for her actions. And, that is a clear indication to me that you are going to continue that same
behavior --
(CROSSTALK)
PINSKY: You are right, Karamo, but should not we look at that - Karamo.
BLOOM: She is in the court system where she has to fight.
PINSKY: Right. And, should not we look at that, Karamo -- I know if you were the social worker on that case, you would look at her behavior as
a clinical challenge not as a legal problem.
BROWN: You are right.
PINSKY: Yes. And, so, we, though, who are in the care taking professional need to solve the problem of that mom, not turn it over as a
legal problem. There must be even still more to the story. That is all I can imagine. There must be still more.
But, God, is not the priority to keep the mother and child together, for God sake. Cannot we do that? And, for goodness sakes, this poor
child, whatever quality of life the child does have, it is going to come from his attachment to his mom.
BLOOM: Yes.
PINSKY: The grandfather is involved. There is other family involved. Let us get them all together. Let us get this thing ironed out.
Not worry about the weeds of whether or not he is getting some bleeding out of the sloughing wounds or whether he is getting a little bit of extra
Benadryl here and there or that she feels overwhelmed and wants some anxiety medications.
Let us get her some anxiety medications. Maybe that is what she needs. Maybe, her psychiatric care is being not properly attended to. I
do not know about you, but I would need it if I were managing a child like that. I almost need it just seeing this case. It is faithful.
Next, any defense for this beat down. Officers say it was a case of mistaken identity. The victim says they are going to pay. Back after
this. They were pounding his head for no reason. They were being brutal.
(MUSIC PLAYING)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE BYSTANDER: They were pounding his head for no reason. They were being brutal.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE REPORTER: James King, a 21-year-old college student tackled, beaten and choked unconscious by two undercover officers,
who believed he was a fugitive.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE BYSTANDER: I know, they were pounding him.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE REPORTER: According to a lawsuit file by King, two plain clothes officers approached him. They did not identify
themselves. They asked for his I.D. He did not have one. And, when they reached for his wallet, he thought he was being mugged, so he tried to run.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE BYSTANDER: They were out of control pounding him.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE REPORTER: King screamed for bystanders to call 911.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE REPORTER: Officer Allen later testifying he beat King as hard, as fast and as many times as he could.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE REPORTER: Uniformed officers eventually arrived.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE OFFICER: Do you have any weapons on you at all?
JAMES KING, BEATEN DOWN BY TWO UNDERCOVER POLICE OFFICER: No, sir. I thought they were trying to mug me. Please guys, is he real police?
(END VIDEO CLIP)
PINSKY: And, there is more. This kid, King, was subsequently charged with three felonies. He was forced to hire attorneys, spend money. He did
not have that money. He had to defend himself. He was acquitted on all charges.
Back with Sam, Lisa and Karamo. Joining us is Randy Sutton. Randy is a former lieutenant with the Las Vegas Metropolitan Police Department.
I want to talk to Sam first. Fair?
SCHACHER: I thought those police officers are lucky. If that were me, Dr. Drew, two plain-clothed dudes came up to me and started manhandling
me, I would have thought I was being kidnapped or raped. I would have scratched. I would gouge. I would have done everything. To me, it would
have been survived.
PINSKY: And, there is a little more. I want to show Lisa something. Here is some dash cam video. And, in this dash cam video, you will hear
one of the uniformed officers telling witnesses to delete their cell phone videos. Take a look.
BLOOM: Oh gosh!
SCHACHER: Oh, convenient.
(END VIDEO CLIP)
OFFICER MORRIS: I do no think we need any more cameras.
UNIDENTIFIED WITNESS: Oh, this is for my mom. I will not show it to anybody.
OFFICER MORRIS: No. We got undercover officers over there. No pictures. No pictures. Delete it. Delete it.
UNIDENTIFIED WITNESS: OK, there, delete. There you go I deleted it.
OFFICER MORRIS: All right. Thank you.
(END VIDEO CLIP)
PINSKY: So, Lisa, my question is, do police have a right to tell people to delete --
BLOOM: No.
PINSKY: But, hold on. I want to --
BLOOM: That is the easiest question I have had all day.
PINSKY: But, is it possible that they were exposing the identity of undercover officers whose safety could be in jeopardy?
BLOOM: You have a first amendment right to tape the police as long as you do not interfere with police activity. You cannot block them.
PINSKY: But, Lisa, hold on. I am not sure --
BLOOM: I know you are saying because you might disclose an undercover police officer.
PINSKY: And, could you harm those officers. I am not cool with that.
BLOOM: It is too remote of a possibility and people have the right to and they should. And, it is important that they should. Why? Because
nobody believes shooting victims or beating of victims until these videos have surfaced in the last couple of years. It has completely changed
public perception and I thank God for that.
[19:45:11] PINSKY: Karamo.
BROWN: We need reform immediately, immediately. They beat this young kid up excessively and we need to start acknowledging that there is a
problem within the police force.
PINSKY: We start acknowledging, we have been talking about it for a couple of years now.
BROWN: Yes, you are right.
PINSKY: I want to hear from Randy. Randy, were they appropriate in how they handled this kid. It is hard to understand that. And, then what
about asking to have the pictures deleted?
RANDY SUTTON, FMR. LT., LAS VEGAS METROPOLITAN P.D.: All right. Well, let us talk about some perspectives that you seemed to be missing
here.
PINSKY: Yes.
SUTTON: First of all, if you read all of the documents, everything that is being reported came from the attorney, who is suing on behalf of
this young man. That is where all of this information is coming from. If you read all of the documentation, you will see that the young man
acknowledged that these two officers were wearing badges around their necks.
What he said was, in his -- the lawyer said, he did not know what the badges were. OK. So, he was contacted by these two officers. They are
wearing what undercover officers wear in order to identify themselves and it is their badges around their neck.
Now, I have never seen a mugging where they ask you for your identification. So, I do not really buy that story. Secondly, when he
said that, I do not have any identification, one of the officers saw that he had a wallet. Well, what do people carry in their wallets?
PINSKY: I.D.s
SUTTON: And, having been a police officer for as many years as I have, people lie all of the time. And, one of the ways that people are
deceptive when they are trying to not get caught for being a fugitive or something else --
PINSKY: Randy.
SCHACHER: Randy.
PINSKY: Hold on.
SUTTON: They may lie and say, "I do not have it."
PINSKY: OK. Hold on. I am running out of time.
SUTTON: Well, it is OK.
PINSKY: But, Randy, I am going to bring you back. But, I still want you to explain where it goes to, "I do not have my I.D. I am lying and I
am obfuscating. I am BS-ing to I need to get my face beaten in. It is a little -- there is a distance there I can quite travel. I mean --
SUTTON: And, I will be happy to explain that to you.
PINSKY: Please. And, the picture thing also. So, we will get into that, right after this.
(MUSIC PLAYING)
[19:55:00] (COMMERCIAL BREAK)
UNIDENTIFIED FEMALE SPEAKER: Are you all right?
UNIDENTIFIED FEMALE SPEAKER: He is not all right. They were just pounding him in the head.
(END VIDEO CLIP)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE BYSTANDER: I was just driving by -- I mean they were literally pounding him in the head, though.
UNIDENTIFIED MALE OFFICER: OK. Can you stick around for a minute.
UNIDENTIFIED FEMALE BYSTANDER: Yes. I will stick around. They were out of control, pounding him.
UNIDENTIFIED MALE OFFICER: OK. Could you folks stand by.
UNIDENTIFIED FEMALE BYSTANDER: They were pounding his head for no reason. They were being brutal.
UNIDENTIFIED FEMALE SPEAKER: They were beating him up.
(END VIDEO CLIP)
PINSKY: James King beaten and choked allegedly unconscious by two undercover officers after they apparently had mistaken him for a fugitive.
Here is the picture of the real fugitive, who police mistook him for. It is hard to get this -- a driver`s license picture at 7 years old.
So, they were looking for -- I do not know what. But, let me get -- I am back with Sam, Lisa, Karamo and former Officer Randy Sutton. I want
to go back to Randy. And, Randy take me from how you go from this kid being evasive and suspicious to needing to hammer his head.
SUTTON: OK. Well here is what -- from what I read about this, when they were speaking to him, they felt that he was -- that he was lying to
them. When they saw the wallet, that heightened their suspicions that he was trying to hide something from them. They went to handcuff him and he
took off running.
SCHACHER: Randy --
SUTTON: They took him to the ground.
SCHACHER: Randy.
SUTTON: Yes?
SCHACHER: This is mistaken identity. Of course, he took off running. He did nothing wrong. These are two people in normal clothes,
who cares if they have something around their neck and a badge. And, if I did nothing wrong and two Joe Shmoes came up to me and started man-handling
me, I would be out there too, even. To top it all off --
SUTTON: Are you saying -- they had the right to question him. OK? They had the right. They have the duty. That is their job --
SCHACHER: But they are un-proper.
BLOOM: But, this is a far cry from questioning to beating. And, you know as well as I do, they could only physically assault someone if they
are endanger -- if their own safety is in danger to somebody else`s and they were close enough to that --
SUTTON: You are wrong. I am sorry. You are mistaken.
BLOOM: But, there is a wallet. Well, I am not mistaken. I am an attorney, who does police excessive force cases on a regular basis. And,
that is the law as articulated by the U.S. Supreme Court.
SUTTON: And, you know, that they have the right the use the force necessary to affect the arrest. If the subject is fighting --
BLOOM: There was no ground for the arrest. And, he was not fighting. You said he was taking out a wallet.
SUTTON: Do you think that they are just going to let him -- ride away and say bye-bye? They have to conclude this investigation.
SCAHCHER: Randy. Randy. Even the bystanders thought that he was being attacked by two random people. In the moment of confusion, cannot
you understand that this kid was going through?
And, to top it all off, the police officers, after they find out they wrongfully accuse him, then they charge him. That is the biggest amount of
BS that I have ever heard of. Own up.
SUTTON: I am not saying they should have charged him. But, here is what happens. If they believe that he knew they were police officers that
he fought them.
SCHACHER: He did not know.
SUTTON: They had one handcuff on him. Now, another thing, how many muggers are carrying handcuffs. This -- this does not make all that much
sense. But once they tried to handcuff him, he knew that they were police officers and he still resisted arrest.
And, now these are undercover guys. They do not have any cap stun. They do not have any pepper spray. They do not have any batons. They have
to use brute physical force in order to get him into handcuffs.
[22:00:00] PINSKY: And, Randy, we got to leave it there. We got to leave it there. I appreciate your opinion. I appreciate you joining us.
It is still, you know, people will have to draw their own on collusion about this case. Please DVR this show and you can watch it any time. We
will see you next time. Nancy Grace up next.
(MUSIC PLAYING)
END
