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Dr. Drew

The Latest On The Johnny Depp Divorce Drama; First A Murder-Suicide At An Office In The Engineering Department Building At UCLA This Morning Here In Los Angeles; A Newly Released 911 Calls Revealed These Terrifying Moments; A Livid Husband Rushing Home On The Hunt For This Guy Who Police Say Tried To Rape His Wife In Their Apartment; Johnny Manziel`s Behavior Continues To Confuse And Frighten Some Of His Supporters. Aired 7-8p ET

Aired June 01, 2016 - 19:00   ET

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

[19:00:16] (BEGIN VIDEO CLIP)

DR. DREW PINSKY, HLN HOST OF "DR. DREW" PROGRAM (voice-over): We will be getting into the latest on the Johnny Depp divorce drama in just a minute,

but first a murder-suicide at an office in the engineering department building at UCLA this morning here in Los Angeles. Two men confirmed dead.

CNN Stephanie Elam is on campus to tell us what happened. Stephanie?

STEPHANIE ELAM, CNN CORRESPONDENT: Dr. Drew, this all began around 10:00 a.m. local time. That is when reports of shot being fired on UCLA campus

were first reported. They put the campus on lockdown.

And think about it, for those who do not know, UCLA is a massive 400-acre campus. About 40,000 students here, add in the faculty, the staff. All of

those people locked down while this was going on while they searched for a potential shooter.

It was not until around noon, about 12:30 when they actually gave the all clear, when the Los Angeles Police Department Chief Charlie Beck came out

and said that they do believe that this was a murder-suicide that just involved two adult men, and it happened in the engineering building.

But for many people here, a tense moment as they are heading into finals here at UCLA, graduation happening next Friday. When things were still on

lockdown, we first got to campus. I did speak to one student, who told me Dr. Drew -- I asked him, I was like, "Are you nervous?" He is like, "I am

anxious about this, but at the same time I am more nervous about missing my final."

So a very tedious time for lots of students here as they were trying to figure out how to handle their education needs but also keeping themselves

safe. So we could see a lot of people locked up in these buildings nearby, holding down until they could find out if things were safe, and then after

that we saw police officers and security escorting people from the buildings, Dr. Drew.

PINSKY: Thank you, Stephanie. We will keep our eye in that story. It is still not clear what happened, what motivated the suicide, what motivated

the murder. I am hearing rumors that perhaps there was a student and faculty.

This is all rumor at this point, not at all confirmed. This is what we are hearing rumored at least. But there is a lot more ground to cover before

we have details on exactly what went down there.

We are switching gears to give you the latest of Johnny Depp and Amber Heard. Photos of Amber reportedly taken after Johnny Depp allegedly

attacked her. Amber says this bruise was caused by the iPhone Johnny allegedly hurled just days before she filed for divorce and a restraining

order.

According to Amber, this set of newly released photos show her with an apparent bruise to her eye and a cut lip. In a court filing, Amber says

these injuries were inflicted by Johnny in December of 2015 when she, quote, "Truly feared for her life."

Depp denies all these accusations. Joining me Erin Foster, Psychotherapist; Mark Eiglarsh, Criminal Defense Attorney at

speaktomark.com and via Skype, Kevin Frazier, co-host at Entertainment Tonight.

Kevin, now this has blown up in the past 24 hours and Mr. Depp is nowhere to be found. Does he thought to be coming forward with the statement soon,

you think?

KEVIN FRAZIER, CO-HOST, ENTERTAINMENT TONIGHT: Well, right now Johnny Depp is on tour with his band, "The Hollywood Vampires." But of course, we have

heard his daughter speak. We have also heard his ex-wife speak out. But right now, the evidence is starting to mount against Johnny. We will have

so much tonight on "Entertainment Tonight."

But also there is fact that, you know, there is this hand injury that occurred allegedly last March. E.T. has learned that some of Amber`s

friends say his hand injury is related to him punching a wall during an argument with her.

There are constant talks about how volatile this relationship was, and of course, you know, we will chronicle Johnny`s past. This is not the first

time that he has had issues.

PINSKY: Thank you. Now, Erin, you are dubious about Amber`s claims. Tell me why.

ERIN FOSTER, PH.D., PSYCHOTHERAPIST: Well, first of all, I do not want to be accused of not believing a woman who says that she has been abused. I

want to be very clear about that. However, this is a woman who has a history of unstable interpersonal relationships.

PINSKY: Right. Is that it? Is that the only reason you doubt her claims?

FOSTER: Well, it is not the only reason I doubt her claims, because you are looking at two people who have had a toxic relationship that both

participate in the relationship. And I have to wonder if she is not taking responsibility for her part in this.

PINSKY: Yes, but still -- Mark, if he has taken -- whoever caused this, whoever is responsible for it, if a man strikes a woman to a point that

there is a mark left behind, we got a big problem here, right?

MARK EIGLARSH, CRIMINAL DEFENSE ATTORNEY: There is no question. And the reality is only two people know what goes on behind closed doors.

Sometimes injury can be self-inflicted. I have seen that. Most of the time it is not.

PINSKY: Are you implying -- ` [19:05:00] EIGLARSH: People think they know Johnny Depp --

PINSKY: -- she inflicted injury on herself to get sympathy or to make this case?

EIGLARSH: Did you hear me say that, Drew?

PINSKY: I did not hear you say that. That is why I came back and asked you the way I asked you. I wanted to be sure I was not hearing that. OK.

EIGLARSH: I am saying generically there are two options in a case like this when you see photos involving injury. I have seen, in my 25-year

career as a prosecutor and defense attorney, people who self-inflict.

I also see cases where people are abused. Most of the time, it is abuse if not self-inflicted. But again we do not know anything about Johnny Depp

and what he really does behind closed doors except for what he allows us to see in interviews and in movies at all.

PINSKY: OK. All right. Fair enough, fair enough. And, Erin, I know you are trying to tiptoe around this, because this is very important meaning to

you, to be the subject or the object of domestic violence is profoundly important not just for you as a clinician but you as a person, right?

FOSTER: Yes. That is right. I was very open that i was in a highly abusive relationship in my past. Frankly, what happened between these two

is none of my business. But what is my business is getting the word out there that this is no joke. It is not something to cry wolf about, and if

it is happening, you need to speak out and you need to get help. This happens on all levels.

PINSKY: Joining me by phone I have Cheryl Dorsey, retired LAPD Police Sergeant. Cheryl, thanks for joining us, as always. Now, the actions of

LAPD on the day of this alleged iPhone throwing incident, I guess have been called into question.

According to TMZ, Amber`s camp is saying that cops lied about not seeing bruises in order to protect Johnny Depp. The police insist there were just

no visible injuries and say they did not even know the call was about Johnny Depp.

Cheryl, your read on all this? Have I lost Cheryl? All right. Kevin, you understand what I am saying? The police were criticized for apparently

distorting a scene they did not even understand had anything to do with Johnny Depp.

FRAZIER: Well, for a long time that has been a claim by many folks, that celebrity buys you innocence in a sense or at least it buys you time, and

in this situation, there will be new evidence, Drew, that will come out, and I think that will frame the way we think about this conversation and

the way we see not only what amber is saying but Johnny`s defense.

PINSKY: Well, hang on now. Kevin, are you saying something you guys are going to tell us something tonight on E.T. or no?

FRAZIER: Well, we are going to tell you new information tonight. And, I just think that everybody has to stop --

PINSKY: Give us a hint. Give us a taste. Come on, Kevin. Can you give me a taste?

FRAZIER: All I can say is that in the days coming, there will be more and more information.

PINSKY: And, who am I going to feel worse about? Who am I going to be more troubled by?

FRAZIER: I think -- I want you to be the judge, Drew. And, I mean because of the legal ramifications of all this stuff, I wish -- Drew, you know, if

I could come on and say something, I would immediately.

PINSKY: Of course. I understand.

FRAZIER: But there are so many legal layers in this, but I will say that tonight on our show, we will discuss this in depth and we have new

information that may change the way you think about this.

PINSKY: All right. We will continue this conversation.

Next up, Amber Heard wants $50,000 a month from Johnny Depp. She says she got a lot of expenses. Has this entire thing been some sort of money grab?

And, later, a witness says we have not seen the worst of what happened to gorilla boy, gorilla tot. Back after this.

(MUSIC PLAYING)

[19:10:00] (COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

JOHNNY DEPP, MOVIE ACTOR: When you disrespect Australian law, they will tell you firmly.

AMBER HEARD, CELEBRITY, JOHNNY DEPP`S WIFE: I am truly sorry that pistol and boo were not declared.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP)

PINSKY: Amber Heard versus Johnny Depp.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP)

LISA BLOOM, FAMILY LAWYER: There is a mark on her face. That has not been explained by Johnny Depp`s side. Amber Heard says that is the mark that

indicates where he threw the cell phone at her.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP)

SARA AZARI, CRIMINAL DEFENSE ATTORNEY: She has had multiple contacts with various people who work in the building on Monday, the day she filed for

divorce, and on Wednesday, five days after the incident and two days before she sought the restraining order and there were no marks on her face.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP)

SPIRIT, PSYCHOTHERAPIST: She comes out and she looks so meek, so disoriented. She does not know which way to go. "Do I turn left? Do I

turn right?" I almost feel like that she is hamming it up for the cameras.

(END VIDEO CLIP)

PINSKY: The Johnny Depp/Amber Heard divorce drama no different from that of any other couple. However, in one respect it is. Money. Back with

Mark and Kevin. Joining us, Loni Coombs, former prosecutor. Amber Heard wants $50,000 a month from Johnny Depp in spousal support.

She released a financial disclosure statement to explain why. Loni, she just wants $50,000. She does 10,000 entertainment, 2,000 groceries, 10,000

in pet supplies. A girl has got to live.

LONI COOMBS, ATTORNEY: Right. I mean we can also hear, you know, kind of poke fun at her expenses, but look, under the law, she may be entitled to

spousal support for the half of the amount of time that the marriage lasted.

So we are talking eight months of spousal support. However, if the other spouse is convicted of domestic violence, the family law court can use that

conviction to extend that period of time of spousal support.

PINSKY: How long? How long?

COOMBS: That is up to the family law judge to decide that.

PINSKY: What do you imagine? What is the longest?

COOMBS: Well the whole theory behind it is this is a person who is a victim, who needs more time and more resources to help them get back on

their feet. So it depends on what this evidence is coming forward. Maybe it is something that Kevin is going to tell us about in the future.

But, let me point out something else, Dr. Drew, which is extremely important. Let us talk about the timing of this. The alleged incident of

violence, the last one she alleges occurred on Saturday. At which time the police come, they say they do not see any evidence of physical abuse or

physical damage to the apartment.

She files for divorce on Monday. The very next day, her attorney aying Johnny Depp`s attorney, "Hey, look, we are going to perhaps go file a

domestic violence temporary restraining order on Friday unless you want to go ahead and admit all of these conditions that we are giving you, all

these financial conditions."

[19:15:00] PINSKY: Wait a minute. Wait. Is not there a name for that? Is not that extortion?

COOMBS: Exactly. Now there is no response to that --

PINSKY: Mark laughs like an evil, like a mad professor. Why are you laughing at that?

EIGLARSH: Hold on. Because I call that passionate and clever negotiations.

(LAUGHING)

PINSKY: Man.

COOMBS: That is what Mark calls it when he does it, right?

PINSKY: Yes, right. I call it extortion if I were the object of Mark`s passion.

EIGLARSH: Stop.

COOMBS: And in the letter, by the way, they playing out -- by the way, you know, that is when Johnny Depp`s big movie is coming out this Friday, you

know. So we are looking at the timing here.

Johnny Depp`s people apparently do not respond to this or whatever. It ends up going to court on Friday, which is when they go in and they say,

"Oh, here is this domestic violence going on. We need this temporary restraining order."

And that is when the judge goes, "Well, I will give you the temporary restraining order, but we are going to hear about everything else in the

future and I am not ruling on any of this spousal support that you are asking for or any of the financial arrangements. That is going to be ruled

on in the future.

PINSKY: Mark, do you think that is right?

EIGLARSH: I will tell you the problem here. The problem is she has got a lot of leverage because every allegation she makes in the court of public

opinion causes his future films and the value to go down.

PINSKY: In this day and age? I will ask Kevin that. In this day and age, if somebody gets bad press your box office goes down? It seems you get

good or bad, your box office goes up these days.

EIGLARSH: No. Not in this age.

PINSKY: Let Kevin answer that.

FRAIZER: Let us stop for a second and think about this in that, you know, in the past if you look at someone like a Chris Brown, who is one of the

most prolific performers right now. He had a very high profile case with Rihanna.

They got back together and it has not hurt Chris Brown is career. And with Johnny Depp, it may be a matter of a bad movie, not the bad publicity in

this case, because we have seen this in the past where stars can be in all kinds of trouble, but one great movie, one great job, one great thing can

get them out of that hot water.

Here is one thing I do want to mention right now. And, I think it is important because it is something that Loni mentioned and it smart on her

part. She mentioned if there is any kind of conviction for domestic abuse, and what we have tonight we have just released some of them, are text

messages that are between Amber Heard and allegedly Johnny`s assistant Stephen Deuters, is the way you pronounce his name.

And in these text messages, Amber is very specific about what is going on, and Stephen Deuters or at least the person who is supposed to be Stephen

Deuters, is very apologetic. And these text messages could be damaging in the court of public opinion and really hurt Johnny.

I just want to read you one that we sent out with the press release. And, this is Stephen talking to Amber and it says -- from Stephen, "Think he is

just texting you. He is incredibly apologetic and knows that he has done wrong. He wants to get better now. He has been very explicit about that

this morning. Feels like we are at a critical juncture." `

Then Amber answering back, "Yes, but I do not know how to be around him after what he did to me yesterday. I do not know if I can stay with him."

We have more direct messages that you will see on the show tonight, but it is information that could change this game.

PINSKY: So, Mark, continue your passionate negotiating. Do you think those text messages are going to be sufficient for your extortion scheme?

(LAUGHING)

EIGLARSH: Let me tell you something. I do not think that, that is so damning. That could refer to a number of things. That does not mean that

he physically abused her.

PINSKY: Well, but Kevin has more. Kevin has more, he says.

EIGLARSH: I am sure he does. He is teasing us more than they do in the strip clubs. That guy is amazing.

(LAUGHING)

FRAIZER: But, Mark, what I want to tell you is --

EIGLARSH: Go ahead, Kevin.

FRAIZER: -- there is more that could hurt your argument, and that is all I am saying is that there are other things where they talk about --

EIGLARSH: Show it my friend. Quit the teasing. Let it loose here on the Dr. Drew show. Come on.

COOMBS: But here is the thing, Dr. Drew. I think why people are saying this kind of smell -- Look, why did not she bring up this domestic violence

before. Why did not she do it only in conjunction with filing for divorce and asking for divorce terms? It seems like it is a negotiating tool more

to get what she wants in the divorce than, "Hey, I have really been a victim and I need help and he needs help."

PINSKY: I think that is what Mark`s passionate negotiation endorsement is all about.

EIGLARSH: Yes. Thank you, Dr. Drew.

PINSKY: Kevin, finish up.

FRAIZER: It is $400 million. He is worth $400 million. He has an island. There is a lot at stake here and so I think that is an issue. And I also

think that she hopes -- I mean, if there is a problem, if she can prove this domestic abuse, it drastically changes how much she would get in this

situation.

PINSKY: Loni, last thought.

COOMBS: Well, maybe, maybe not. I mean, the community property is only limited to what they both earned during the time of the marriage, and if

they spent all this money, there is nothing to divide. It does not go beyond that.

PINSKY: All right. Next up, the 911 call from Gorilla Todd as Nancy would say. Gorilla Todd`s mom. Here is part of her frantic plea. This may

change your opinion about this mom. Take a listen.

(BEGIN VIDEO CLIP)

MOM: Be calm! He is dragging my son. I cannot watch this. I cannot watch.

UNIDENTIFIED DISPATCHER: How old is your child?

MOM: I cannot. I cannot watch.

(END VIDEO CLIP)

[19:20:00] (COMMERCIAL BREAK)

UNIDENTIFIED CALLER: He slammed the baby into the wall and the baby was in the water.

UNIDENTIFIED DISPATCHER: The gorilla slammed the child?

CALLER: Gorilla! Gorilla! There are two of them there. He is taking the baby into the cave. Oh, my God!

He has got the baby and it is still alive, but he is dragging him from one end to the other. Oh, my God.

He is trying to talk to the gorilla too but the baby`s alive and he is awake.

UNIDENTIFIED DISPATCHER: Hold on.

CALLER: The baby fell into the water and then the gorilla went over and slammed him against the wall and then he picked him up out of the water,

climbed the rock wall and took him up on top.

(END VIDEO CLIP)

PINSKY: So you see, there is a lot more that went down in that containment area that we did not see. Everyone is passing judgment on what the zoo

did. There was much more aggression and violence than we saw.

[19:25:00] A newly released 911 calls revealed these terrifying moments. A 420-pound gorilla dragging a 3-year-old boy, tossing him in the air,

slamming him down like a rag doll.

Harambe was ultimately -- Listen, tragically killed by zoo workers in order to save the child`s life. Back with Loni, Erin and Mark. Joining us, I

have Jessica Schneider, CNN Correspondent in Cincinnati. Jessica, can you tell us what is new tonight?

JESSICA SCHNEIDER, CNN CORRESPONDENT: Yes. Dr. Drew, we heard a snippet of those 911 phone calls coming from several people, one of them 90 seconds

of helpless horror from that mom. She was trying to call the 911 dispatchers while also simultaneously trying to calm her son. Take a

listen.

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE DISPATCHER: Cincinnati 911. What is the address?

UNIDENTIFIED BYSTANDER: Oh, my God!

MOM: Hi, my son fell in the zoo with the gorillas. The Cincinnati Zoo, my son fell in with the gorilla. There is a male gorilla standing over him.

I need someone to contact the zoo please.

DISPATCHER: OK. We do already have that started. We do already have help started there, OK? How old is your child?

MOM: OK, be calm! Be calm! Be calm! Be calm!

DISPATCHER: How old is your child?

MOM: Be calm! He is dragging my son! I cannot watch this! I cannot watch this. I cannot -- I cannot watch.

(END AUDIO CLIP)

PINSKY: Now, Erin -- Schneider go ahead. Jessica, please finish this up. A lot of people are blaming the mom, but you get the sense of how desperate

that poor mom was.

SCHNEIDER: Yes, you know, something that struck me on the 911 phone call, she actually stays somewhat calm and coherent considering the situation.

She has come under a lot of fire on the internet. A lot of people are battering her on Twitter pages or on Facebook, but we are starting to get

some of the real story here.

Now prosecutors have not ruled out criminal charges, but the police department is still ongoing in their investigation of what they call the

family. So both the mother and any other family members that may have been there.

The family itself releasing a statement today basically saying that they are grateful to what the Cincinnati zoo did. But also saying to people,

"Look, we do not want your money."

Apparently, many people have been offering to help them out financially, and the family is saying, "If you have money to give, you should donate

right here to the Cincinnati Zoo in honor of Harambe." Dr. Drew.

PINSKY: Thank you, Jessica. I appreciate your report. Loni, you heard that mom talking. She could not breathe, that is what I heard. She had

the wherewithal to try to get the kid not to react against the gorilla, right?

COOMBS: Yes. I was getting chills listening to her and thinking about how she was able to think first about her son and trying to keep her son calm

to keep him safe from that gorilla. I give her great kudos, and I say, people, leave this mother and this family alone. You are misdirecting your

anger here or your sympathy towards the gorilla.

This is not the mother`s fault. What happened here was a horrible thing that happened that should not have been able to happen if the zoo had put

more protections, more appropriate protections up around that enclosure. The fact that the child could get in there lies fault with the zoo, not the

mother.

And you know the zoo owner or whoever, the director, said, "Look, we have got enclosures in there. It is all appropriate. It works, but if you or I

want to get in there, we could get in there." Then it is not working. You should not be able to get into what is essentially a deadly weapon. I do

not care how cute or sweet that gorilla looks. It is a wild animal that can crush you with one hand.

PINSKY: Yes. Mark, do you agree with her?

EIGLARSH: Drew, yes. Not only does she look fabulous, but her analysis is dead on, OK? Let me explain something. Anger, which we are all feeling,

OK, is one letter shy of danger. And the danger is in a case like this where you are so angry and frustrated, to then have an investigation by law

enforcement and potentially strip this mother of her --

PINSKY: But, hold on, hold on.

EIGLARSH: Hold on, it is your show. Sure. Go ahead.

PINSKY: Mark, what I want to say is whenever there is an adverse event in a child`s life, a poisoning, a broken bone, it is customary. It is often

the child protective services may be asked to go in and just look around, and make sure there were not things that contributed to why this particular

child ended up in a gorilla cage. I mean it is a little unusual, right?

EIGLARSH: I am OK with child protective services doing something. In this case, you have trained law enforcement officers and many calling for

criminal charges for what? Something that happens to most good parents, to you, to Susan, when you had three triplets running around. You look to the

right for one second, your kids run off. There but for the grace of God, everybody back down. It was a total tragedy.

PINSKY: I totally agree with you, Mark. But I think, Erin, you disagree somewhat. Listen, it takes my breath away when I think that it could

easily have happen to us. I did not know that the gorilla -- apparently this gorilla cage was one of the first in the country to be the way this

one is laid out, and it became the gold standard that all the rest of the country sort of fashioned their -- no? Loni, you say, no?

[19:30:10] COOMBS: No, no, no. There is another zoo that has a very similar enclosure. However, you know those bushes that are supposed to be

the buffer? Their bushes had stickers in them. How simple. So you cannot just crawl through the bushes like this kid did.

PINSKY: But the fashion, the way this thing was sort of laid out was something that became a standard in the country. But Erin, you still say -

- you push blame with the mother?

FOSTER: Well, here is my issue. I get it. I have four kids. I know how difficult it is to keep your eyes on them. But how long was this child

gone to get inside the enclosure? This is still my issue here.

PINSKY: Do not we have -- control room, do not we have somebody that was there at the scene that watched. Here is a woman who shot the video. They

were watching right here. She describes how the boy was acting just before he jumped into the enclosure. Take a look.

(BEGIN VIDEO CLIP)

KIM O`CONNOR, SHOT VIDEO OF BOY IN GORILLA ENCLOSUR: The little boy was a typical little boy like at a candy store. "Can I get this? Can I get

that?" And he wanted, jokingly and bantering, to go in and see the monkeys and the mother was, "No, you are not. No, you are not."

And, I think as they got ready to leave that -- to tend to the other children, gather them up. Get them in the stroller and move everyone

along, I think in the 60 seconds he got away.

(END VIDEO CLIP)

PINSKY: Mark, you get that? 60 seconds. You are putting other kids -- arranging kids -- it happens.

EIGLARSH: Listen to me. Absent evidence, where she is hoisting the child either through or over that barrier and said, "Mama wants you to go play

with the gorilla, go ahead." Absent that, police, back off.

PINSKY: Another witness described the gorilla flinging the boy into the air. This is the stuff you did not see. You need to hear this. Please

watch.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE SPEAKER: What we saw, he could have been killed at any second. I mean he bashed his head off a rock. He threw him 10 feet in the

air, and I saw him land on his back. It was a mess.

(END VIDEO CLIP)

PINSKY: Threw him 10 feet in the air. What more do you need to see? That could have been the end of the child right there, and people go, "Oh, the

monkey was just curious. It was something unusual."

Listen, A gorilla that is 400 pounds could drag the arm off the neck, tear its arm out, taste the arm. That is curious monkey. That is a curious

ape. It is unfortunate. That gorilla`s life was in danger the second a child was released in that area of captivity. That is the unfortunate

tragedy of all this. A lot of blame to go around.

Next up, I am going to switch gears, talk about something else. Let us just say your husband walks in while you are being attacked. How far do

you want him to go to save your life? We will show you what one man did, after this. Be right back.

(MUSIC PLAYING)

(COMMERCIAL BREAK)

UNIDENTIFIED FEMALE REPORTER: Dramatic video you first saw on 12. A livid husband rushing home on the hunt for this guy who police say tried to rape

his wife in their apartment. You can see 61year-old Mamadou Diallo beating the intruder, 43-year-old Earl Nash, with a tire iron in the hallway,

hitting him so hard, police say he died from his injuries.

It all happened at 10:00 Monday night when 51-year-old Nenegalle Diallo frantically called her husband for help, saying that Nash had broken into

their Washington Avenue Apartment, attacking her and tearing off her clothes. Now, Diallo, who family members saying who was simply defending

his wife is facing manslaughter charges.

(END VIDEO CLIP)

PINSKY: Breaking news tonight, those manslaughter charges have been reduced to an assault, though prosecutors say they could be upgraded

pending the ongoing investigation. Back with Loni, Mark and Erin.

Joining me, Dean Meminger, New York 1 Criminal Justice Reporter. Dean, you have been covering this story. The dead man -- this guy was not a Sunday

school teacher. He had an extensive criminal history.

DEAN MEMINGER, NY1 CRIMINAL JUSTICE REPORTER: Yes, more than 14 prior arrests since the late 1990s, all sorts of crimes, selling drugs. He did

have one case where he did hold a young girl hostage, a teenager. He did a lot of time in prison as well, so definitely -- He goes into the building,

knocks on the door, goes in and allegedly tries to rape this woman.

So you are right, he is not a Sunday school teacher or student. But Mr. Diallo goes up there and really gets into that confrontation and hits him

with that tire iron killing him. You mentioned that initially the cops wanted to charge Mr. Mamadou Diallo with manslaughter, that has been

reduced to assault in the second degree.

One of the issues they are waiting for the medical examiner`s report to come out before they can upgrade the charges if they do that. More than

likely, before they even upgrade charges, they will simply take this case to a grand jury.

PINSKY: Dean, is the community generally supportive of Mr. Diallo?

MEMINGER: Overall, yes. I mean he is a man who is Guinea, from West Africa. So a lot of the African folks living there in the south Bronx came

out, actually, to the courthouse and cheered for him when he was let go.

There was no bail set by the judge. He was let go. He has to return to court late in June. But they said he did what any other man would do. If

your wife called you saying she was being attacked. You get off the elevator. The guy is right there. And out of a bit of rage, he attacks

him.

Now, he did say he did not mean to do it. He is sorry today. Media staked out at his home in the Bronx. He basically said he was sorry for what

happened. He did not want to speak a lot, but those supporting him said he defended his wife as a husband should. A lot of them are upset that the

man did die in the attack, but they are waiting for the medical examiner`s report.

[19:40:08] PINSKY: Yes. Thank you, Dean. Erin, analyze me for a second. Get in here. I am having a problem.

FOSTER: OK.

PINSKY: Because I feel a certain satisfaction at what this guy did. I feel like I would be there at the courthouse giving him a slow applause as

he came out. This guy, I am not sure, should have been living amongst his peers there. He tries to rape the guy`s wife.

I think he does not know if the guy is armed. He does not know if there is other has accomplices. He does not know what his purposes are there. Is

he going to try to kill him, too?

He has to immobilize the guy somehow. He has to do something with this guy. People are saying it was a fit of rage. I am saying he did not know

what he was up against. He had to neutralize the problem.

FOSTER: Yes. I think that what we are seeing here is a case of fight or flight.

PINSKY: No. But Erin, what is wrong with me that I feel good about the guy`s behavior? I understand what the guy was filled with in the hallway

there, but am I just an armchair quarterback that it is easy for me to say that, or am I morally depraved by feeling that it is OK for somebody to

protect his family?

FOSTER: No. I think the good doctor here is human. As human beings, human nature, we want to catch the bad guy.

PINSKY: Yes.

FOSTER: And, that goes back to our primitive, fight/flight survival. Back in the day, a man had to protect his family.

PINSKY: OK. Hold on. Wait, Mark is going to attack me. Hold on. Go ahead, Mark.

EIGLARSH: Well, no, I am inclined to agree with you personally, but legally she just said we want to catch the bad guy. That is the key. Not

kill the bad guy. We want to, but the law does not allow you to. You do not get to play executioner.

PINSKY: I understand that, but --

EIGLARSH: I am giving you the legal analysis. So the question is --

PINSKY: No. I do not want him dead, either. I --

EIGLARSH: -- one blow, self-defense. Two blows, maybe. Three, four, five, six, seven, eight, nine, ten, eleven, twelve. At some point the law

does not allow you to continue to strike someone repeatedly and that is what --

PINSKY: Noted. Noted with your passionate coercive extortive whatever we call it.

(LAUGHING)

EIGLARSH: Thank you.

PINSKY: But Loni, I get that. And I certainly do not wish that man dead, but I wish him neutralized. I wish him not to be able to harm that guy`s

family.

COOMBS: That is right. And legally you get to do that. If there is a continuing threat there, you get to stop that threat. Look, he was not

outside on the streets. He was still just inside the apartment building right there next to the door.

He walks in, the husband sees his wife apparently there naked, beaten, and he sees the man who did it. She says, "He did it." This guy is still

there. He could hurt them. He could beat them. He could come back again.

PINSKY: That is right.

COOMBS: And remember, he has a conviction in 2003 where he took a 17-year- old girl hostage, held her for two days, sexually assaulted her, stabbed her, beat her, dislocated her shoulder. How do we know he was not going to

take that whole family hostage and do that to them? We do not know.

PINSKY: Thank you. Thank you, 100 percent. So the question, then, so why was he out on the street? We will address that and more after this.

(MUSIC PLAYING)

[19:45:00] (COMMERCIAL BREAK)

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE REPORTER: Mamadou Diallo was charged with the beating death of another man. But the Diallo family says he did the right thing.

Police say, last night Diallo`s wife, Nenegalle answered a knock at her door. An attacker now identified as 43-year-old Earl Nash pushed his way

in, beating Nenegalle and ripping her clothes off. I spoke to her son Abdul.

(BEGIN VIDEO CLIP)

ABDUL DIALLO, MAMADOU`S SON: It went on for like 20 minutes and then my mother finally called my dad.

(END VIDEO CLIP)

UNIDENTIFIED FEMALE REPORTER: Police say that call sent Mamadou Diallo running into the building at Washington Avenue at East 168th Street, where

he caught the alleged attacker who was running away.

A fight broke out in the hall and police say Diallo returned with a tire iron beating Nash unconscious. Nash who had been arrested 19 times before

and was rushed to Lincoln Hospital where he died from his injuries.

(END VIDEO CLIP)

PINSKY: Police say Earl Nash died from the trauma to the head and body. Mamadou Diallo`s initial charge of manslaughter has been reduced to

assault. Mark, Loni, do you guys feel like -- I will start with you, Mark. Do you think that there is likely been an upgrade in these charges?

EIGLARSH: No. I think that public outcry would be there if that was done. This guy did not go out looking to harm anyone. This is the ultimate

violation of someone who he loves more than anyone. It was a reaction. I understand why prosecutors think that they have to file charges, but do not

make it any worse than what it is now.

PINSKY: Loni, you agree?

COOMBS: Absolutely. And this guy ended up dead because it was a very dangerous assault weapon he had. It was a tire iron. But look, this

husband is rushing home trying to save his wife. He is in his car. What else -- he does not have a weapon.

The only thing he can grab, which is probably the tire iron. So, I do not think he had any intent to kill this guy, either. I think there is a lot

of sympathy for this man. I do not think the charges are going to get any worse.

PINSKY: Outside the police precinct, Mamadou told reporters,quote, "Self defense. He threatened my wife." Erin, as you said, this is a highly

emotionally charged experience for someone. They are not thinking clearly.

FOSTER: I think this was a very impulsive moment for this man driven out of fear, and I do not think that he intended to kill this man. But I think

that he was operating, again, off of this primitive, "What do I do to protect my family, potentially protect myself."

PINSKY: Mark.

EIGLARSH: So if I am his lawyer, number one in south Florida, I would do it pro bono for sure. OK? Number one. And number two, two words for

everybody. Jury pardon.

And by that I mean even if jurors think that technically he violated the law by continuing the strike, they can say not guilty and that is exactly

what I would do. I would not take a plea bargain in this case.

[19:50:00] PINSKY: Wait. I am getting a little confused. Do you mean like a grand jury or has to take it to trial? I do not understand.

EIGLARSH: No. No. No. He would have to go to trial. And then even jurors think that by the letter of the law, he technically went over the

line, if they get to that point, jurors can still say we are not going to convict him of anything. And it is called a jury pardon, where they just

say, "You know what? Even though it technically might be a crime, we are not going to go for that. Not guilty."

PINSKY: But Loni, should this even go to trial? That is the question.

COOMBS: Yes. I do not think so. I mean, I see the prosecutors being very lenient, especially the more that comes out about this guy`s prior record,

the attacker.

PINSKY: 19 prior arrest.

COOMBS: Right.

PINSKY: 19.

COOMBS: Why was he still out on the street?

PINSKY: You are prosecutor. But listen, you add the poor Loni, the face on the Mark Eiglarshs out there to try to get these guys off the street.

What do you say to your buddy, Mark. Loni.

COOMBS: Yes. I do not know why this guy -- After that sexual assault and the imprisonment of that young woman, the 17-year-old for two days, I do

not know why he did not have the book thrown at him at this point. I mean, he has just been in and out of custody his entire life.

And at some point, you just say this guy is too dangerous. These are very serious dangerous crimes. He walked into this apartment and the lady said,

"Look, take my money." He said, "No, I am here to rape you."

PINSKY: Mark, I will give you a chance to agree.

EIGLARSH: I do not disagree.

PINSKY: OK.

EIGLARSH: I am not going to lose any sleep over this guy`s death. But Loni knows they are not just going to drop the charges. He had to either

take a plea or go to trial. And I say go trial.

PINSKY: OK. Well, listen. I say slow clap for this guy. I stand by the rest of the community that stands behind him.

Next up, Johnny Manziel`s behavior continues to confuse and frighten some of his supporters. We have an update. Back of this.

(MUSIC PLAYING)

[19:55:00] (COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

JOHNNY MANZIEL, AMERICAN FOOTBALL QUARTERBACK: It is a dream come true to be where I am now, getting a chance to start my first NFL game.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE SPEAKER: We are partying with Johnny Manziel.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP)

ANNEELISE GOETZ, ATTORNEY: We are saying we are concerned about Johnny. I am concerned about anyone who happens to be around Johnny.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE SPEAKER: He is going to clubs even after being told to straighten up.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP)

GOETZ: Battery or assault charges for allegedly hitting his ex-girlfriend. He is getting fights in Vegas clubs. He was given everything on a silver

platter and this is what he does.

(END VIDEO CLIP)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE SPEAKER: Somebody has to find their own bottom. Either you accept it and get help or die.

(END VIDEO CLIP)

PINSKY: That is the fact and we have made, I do not know, we have seen the last of Johnny football on the field. Instead of hitting the gym, the

former quarterback staying busy with tattoos. There he is getting one on a private plane. See him out club hopping with friends.

Back with Loni, Erin and Mark. Manziel surfaced on Instagram this weekend partying at One Oak. It is a club in New York, that after allegedly

blowing off an event. He was supposed to be hosting in the Hamptons. Now, Mark, the reality is we are looking at something. It just happens to be a

famous quarterback, but the story is not at all uncommon.

EIGLARSH: Not at all. Many of my clients and there is a couple of options, one, mental illness.

PINSKY: Right.

EIGLARSH: Two, addiction. Three, defects in character. Four, all of the above.

PINSKY: Right.

EIGLARSH: That is what I am saying.

PINSKY: That is right. I am suspicious that it is all of the above, unfortunately. His father, Manziel`s own father after attempting to get

him back into treatment twice, he told the Dallas morning news quote, "If they cannot get him help, he will not live to see his 24th birthday." Both

attempts at treatment, obviously unsuccessful.

But Erin, as I said, you cannot force people to want to get help. They have to find their own bottom. And in people like this, that have lots of

enablers, lots of resources, that bottom can be very dangerous and very deep.

FOSTER: Well, on the bottom could be the bottom of your grave, which typically it is. I think what we are seeing here is this is a guy who

lacks self-worth and he is sabotaging.

PINSKY: Do you think an actual lack of self-worth? If you were to encounter him, would he be aware? I think he has no sense of self period.

And what is on top of that is an overinflated sense of self from all these living the life of a superstar. Loni, you are nodding there.

COOMBS: Yes. I have always kind of considered him the Justin Bieber of the football world. You know, when he got the Heisman Trophy as a

freshman, the first time anybody has ever gotten that as a freshman, I turned to my husband and said that is the worst thing that can happen to

him. He is too young to get that accolade.

It is all going to come to him now. He does not have the maturity. He did not work hard enough for it. He does not appreciate it. And, the pattern

has been just like that ever since then. He does not appreciate it. He does not understand it and he takes this wonderful gift that so many men

would give anything to have and he is throwing it away.

PINSKY: Mark.

EIGLARSH: Yes. Wish I had that gift. Do not have it. Throws it away. Agree with Loni again.

PINSKY: That is right. But again, it is a hard thing for people to understand. Sometimes, when there is a -- Erin you back me up on this,

quickly. There is a deep sense of emptiness because he has not had to sort of interact with the world and with the people in such ways to figure out

who he is, he has given.

This thing is superimposed on top of him. This superstar. It does not connect with who feels like. He is medicated that with substances. He is

trying to stay away from those feelings.

EIGLARSH: Yes.

FOSTER: Yes. And that is why I say this is a guy who has no sense of self-worth.

PINSKY: Yes.

FOSTER: Real worth, because he has not earned it.

PINSKY: That is right. It is like what we see -- people shake their heads at so many people that become stars at a young age. This is the same

phenomenon. They do not -- Lead a simple life, at least at first. Mark, last though. You have a few seconds. Go.

EIGLARSH: Yes. I once heard someone define addiction as a disease of low self-esteem and maybe in part, that is what we are dealing with here.

PINSKY: Yes. Low-esteem -- Bigger topic. We got to go. I am sorry. I want to thank you all for being here. Thank you, panelists. Please DVR

this show and you can watch us anytime. Please tell a friend about us. We are here, Monday through Thursday, 4:00 pacific, 7:00 eastern. Nancy Grace

up next.

END