Return to Transcripts main page

Jane Velez-Mitchell

Do Clues Point to Murder of Self-Defense?; Did Police Exaggerate Case against Ross Harris; "Love & Hip Hop" Sex Tape Scandal

Aired July 21, 2014 - 19:00   ET

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

UNIDENTIFIED MALE: ... the unselfish life that David -- career that David`s committed to the people of Texas? Maybe the Lord said, "Well, I`m

going to give him a break."

JANE VELEZ-MITCHELL, HOST: Tonight, a mysterious death shocks the city of Detroit and surrounding suburbs. A woman gunned down on a stranger`s front

porch. Now the homeowner accused of killing her in cold blood is heading to court, claiming he killed her in self-defense. What really happened

that night?

The trial began today. And tonight we will examine all the clues. Will they reveal this was murder or self-defense?

Good evening. I`m Jane Velez-Mitchell. Thanks for joining me.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: What do we want?

UNIDENTIFIED MALE: Justice.

UNIDENTIFIED MALE: Justice.

UNIDENTIFIED MALE: Justice.

UNIDENTIFIED MALE: When do we want it?

UNIDENTIFIED MALE: Now.

UNIDENTIFIED MALE: Now.

UNIDENTIFIED MALE: Now.

UNIDENTIFIED MALE: It was 4:30 in the morning when Renisha McBride`s life ended here on this front porch.

UNIDENTIFIED FEMALE: Received a 911 call from a male. He says he just shot someone on his porch.

UNIDENTIFIED MALE: This man had absolutely no justification to take a shotgun and blow her head off.

UNIDENTIFIED FEMALE: If someone knocks at your door, please call 911.

UNIDENTIFIED MALE: Justice for Renisha!

UNIDENTIFIED MALE: Justice for Renisha!

UNIDENTIFIED MALE: Justice for Renisha!

(END VIDEO CLIP)

VELEZ-MITCHELL: Here`s what we know. This woman, 19-year-old Renisha McBride, crashed her car into a parked vehicle in the early morning hours

of November 2nd of last year. Witnesses called police. But by the time the paramedics arrived, Renisha had wandered away from the crash scene.

It wasn`t until about 3 1/2 hours later that cops got a call from 55-year- old Theodore Wafer, an airport maintenance worker. He said he had shot someone. Listen to this.

(BEGIN VIDEO CLIP)

THEODORE WAFER, AIRPORT MAINTENANCE WORKER (via phone): I just shot somebody on my front porch with a shotgun, banging on my door.

(END VIDEO CLIP)

VELEZ-MITCHELL: Prosecutors say Ted Wafer shot an unarmed Renisha in the face through his locked screen door when she knocked on his door asking for

help. Renisha`s family and the community demanded justice. Prosecutors charged Wafer with second-degree murder and manslaughter. But he was out

in just a few weeks on a quarter-million-dollar bond.

Wafer says he is not guilty, claiming he was terrified someone was breaking into his house and that he used his gun in self-defense. His attorneys

claim Renisha damaged Wafer`s screen door and point to her blood alcohol content, three times over the legal limit, plus marijuana in her system.

So what do the clues tell us? Was Ted Wafer really threatened or is this the latest example of self-defense as an excuse for a racially motivated

killing?

I want to hear from you at home. Call me, 1-877-JVM-SAYS, 1-877-584-7297. And please, you can weigh in on my Facebook page, too.

We have a fantastic Lion`s Den expert panel ready to debate. But first, straight out to "Inside Edition" chief investigative correspondent, Lisa

Guerrero. Lisa, what is the very latest?

LISA GUERRERO, CHIEF INVESTIGATIVE CORRESPONDENT, "INSIDE EDITION": Well, jury selection began today in this trial. And let me tell you, this has

exploded on social media. People are really, really upset about this case and understandably so.

So here are some of the facts. It was the wee hours of November 2nd of last year when this young woman, 19 years old, was drunk. She hit a parked

car. She hurt herself. She hit her forehead on the front windshield. And she was bleeding from the forehead. She was disoriented. She was nearly

three times the legal limit. She was lost. And she saw a glow from this man`s house. Apparently, he had his television on. So she went to his

house because she saw a light on in the window.

She walked up to the front porch, and she started banging on the front door. She was lost, and like I said, she was injured; she was asking for

help. And this man, 54 years old at the time, Theodore Wafer, answered the door. And instead of calling 911 to help her, he opened his front door and

shot her in the face with a shotgun, killing her.

Again, she was 19 years old, and she was asking for help. And he claims that he was afraid, that he was worried about his safety. He was worried

that she might kill him. Again, she was unarmed. She was inebriated, and she was injured and she was lost.

So a lot of people are comparing this case to the Trayvon Martin case. And it`s exploded on social media.

One thing that I saw that I thought was really interesting and something that we all need to ask ourselves, if the young woman that came to his door

was blonde and blue-eyed, would he have gotten that shotgun out and killed her? So that`s one of the questions being raised on social media right

now.

VELEZ-MITCHELL: Thank you for that excellent recap of the case. And basically the two opposing sides, Eboni K. Williams, attorney, radio

personality, do you think posing the question that Lisa Guerrero asked, had this been somebody else, had this been not a 19-year-old African-American

woman, that there would have been the same outcome?

EBONI K. WILLIAMS, ATTORNEY/RADIO PERSONALITY: Jane, very well it might not have been. I think, unfortunately, as the Zimmerman verdict showed us,

sometimes what people deem to be fearful of unfortunately there is still some type of correlation to race on this issue. For some Americans,

unfortunately there`s this fear that comes along with the unknown and someone who`s culturally different than themselves. We see it all the

time.

And that is why jury selection, as we know and the reporter so accurately pointed out happened today, is absolutely key. That`s the most important

part of this trial is for prosecutors to get jurors on that jury that understand, no matter how fearful he might have claimed to be, it was

unreasonable based off the facts.

VELEZ-MITCHELL: Mickey Sherman, criminal defense attorney, do you agree, had this person had been of a different makeup, that there would have been

a different outcome?

MICKEY SHERMAN, CRIMINAL DEFENSE ATTORNEY: No. I really don`t. I think that everyone wants this to be another Trayvon Martin case. They want the

polarization here. They want to see the sides fighting on the sides of race. It`s not the case.

The guy is sleeping. He`s in his own home. He`s got a banging at the door. He doesn`t know who it is. It`s in the middle of the night. He

comes out to defend himself. He panicked and shot. That`s a long way from pursuing somebody, like we had in the Zimmerman case. There`s no pursuit.

There`s no intent to cause harm.

VELEZ-MITCHELL: The defense says he was scared, that fear led Theodore Wafer to pull the trigger of his shotgun. And the prosecution is the one

saying, no, this guy committed murder. Listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: We have evidence the screen frame was so violently banged that it broke. So if you`re at 4:30 in the morning by yourself

hearing that at the front door, what do you think is going on in your mind?

UNIDENTIFIED FEMALE: That is ridiculous. It`s ridiculous. You open up the front door, because you`re so afraid of whatever it is that`s out

there?

(END VIDEO CLIP)

VELEZ-MITCHELL: The defense claims Wafer thought Renisha was trying to break into his house. But prosecutors say he shot her through his locked

screen door. Boom, right through the screen door.

The medical examiner says the shot that killed Renisha reportedly showed no evidence of close range discharge. And in Wafer`s 911 call, we hear him

say, well, this.

(BEGIN VIDEO CLIP)

WAFER (via phone): I just shot somebody on my front porch with a shotgun, banging on my door.

(END VIDEO CLIP)

VELEZ-MITCHELL: All right. So banging on my door. Which way does that go?

Carolina Bermudez, TV and radio personality, does the knock on the door indicate that she was harmless and, indeed, looking for help? Or could

banging on a door by an inebriated person create fear, an imminent fear of harm on the part of this homeowner?

CAROLINA BERMUDEZ, TV AND RADIO PERSONALITY: Well, banging on the door and breaking and entering are two totally different things, in my opinion. And

this young woman was in need of help.

And I have to tell you that in Detroit there is this culture and this fear and contempt of African-Americans that nobody is reporting on right now.

And I think that this case is bringing it out to the forefront. I think you touched on something, Jane. Had she been a white young woman, would

this have been the case?

And I think that this man acted irresponsibly. What he did was unconscionable. And I think that we`re going to see this played out in

court. And my hope is that people really examine whether or not this is a "stand your ground" situation, because I don`t believe it is.

SHERMAN: How come there`s no toxicology reports? We know that there`s a .22 alcohol content three hours after she was driving. So what was she

before that? And there`s -- probably I believe they found marijuana in her system. But they never did a toxicology report.

This girl was not thinking straight. She was acting aberrationally.

WILLIAMS: What is important here is that we know from the 911 call -- we know from the 911 call that he said she was asking for help. So at some

point before he pulled that trigger, where she was still able to verbalize herself and express herself, she explicitly asked for help, Jane. So I

don`t understand, if you knew she was wanting help, why wouldn`t you...

VELEZ-MITCHELL: Let me add another piece to the puzzle. Cops say that this has become a very dangerous neighborhood. It`s on the edge of Detroit

and the suburb of Dearborn Heights, Michigan, where Ted Wafer lives. On the other side, right on the suburban side. Cops have gotten 80 police

calls related to shots being fired within a one-mile radius of this man`s home.

However, even at the arraignment, the judge didn`t think Wafer was right to fire the shot. Listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: He could have not answered the door. He could have called for help. It suggests to this court the defendant made a bad

choice.

(END VIDEO CLIP)

VELEZ-MITCHELL: Now Wafer`s defense team is arguing that he was well within his rights to defend himself under what`s called the castle

doctrine, i.e., your home is your castle. You have no duty to retreat. But that`s the big debate. Renisha never went inside his home, but she did

walk up his porch steps and knocked on his door.

So was she trespassing? I would like to know -- and I`ve got to go back to the attorney on this, Mickey Sherman. We`ve got a couple of attorneys here

tonight. Will this entire case hinge on where she was. If she knocked on his door, was she on his property, and therefore, it doesn`t matter whether

she was inside his home or not, the castle doctrine applies?

SHERMAN: It absolutely applies. What is he supposed to do: pull up an easy chair and wait for her to come in? He doesn`t know it`s a young girl.

He doesn`t know it`s a girl who`s been in a DWI accident. All he knows is there`s somebody not of his family, whether they`re black, white or blue,

is banging on his door in the middle of the night and he`s frightened. And he`s entitled to be frightened.

UNIDENTIFIED FEMALE: But Mickey -- but Mickey, I`m sorry.

UNIDENTIFIED FEMALE: He should have called 911.

UNIDENTIFIED FEMALE: The first thing to do, exactly. Don`t you call 911 when you`re afraid?

VELEZ-MITCHELL: Well, I want to bring in Wendy Walsh, psychologist. From a psychological standpoint, I think we`ve all had an experience in our

lifetime where somebody in the middle of the night knocks on the door. You`re asleep; you`re disoriented. You wake up. You go to the door, and

if the person is inebriated on the other side, that can be destabilizing. It might inspire fear. But does it inspire opening the door, whipping out

a shotgun and shooting that person through a screen door?

WENDY WALSH, PSYCHOLOGIST: No, Jane. What heightened fear does is it creates distortions. He would have probably, because he had heightened

fear for his own reasons, imagined that she was this terrible threat, that perhaps she was armed, et cetera. And it`s very hard when you`re in a

state of fear to be able to suss out and figure out what`s really going on.

But this was a teenage girl. This was murder. What is this, shoot first, ask questions later, Jane?

SHERMAN: When somebody`s breaking into your house...

VELEZ-MITCHELL: Let me go to Bob, Pennsylvania. Bob, Pennsylvania, what do you have to say?

CALLER: Hi, Jane. My question is, did he say anything to the girl before he shot or anything like that? Did he say anything...

VELEZ-MITCHELL: We are being told that no words were exchanged, period. No words were exchanged, which doesn`t really add up, because there are

reports that he told the 911 operator that the person who was banging on his door was asking for help. How do you ask for help without exchanging

words? A lot of this doesn`t add up.

We`re just getting started, Bob.

"She was drunk, and it was the middle of the night. People kill anybody. He was scared." This is from Facebook. Fran, "I can see he would be

afraid. It`s the middle of the night. And that would cause fear for me, no matter the color of the person`s skin. He still should have locked the

door and called police."

We`re just getting started. On the other side, we`re going to talk to the family spokesperson, the spokesperson for the family of Renisha McBride.

Stay right there. And more clues to come.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Wafer`s accused of shooting teenager Renisha McBride in the face on his front porch through his screen door in the middle of the

night. What Wafer didn`t know was that McBride had crashed her car several blocks away after a night of heavy drinking and smoking pot.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: If someone knocks at your door, please call 911. Don`t pick up the shotgun. Just call 911.

(END VIDEO CLIP)

VELEZ-MITCHELL: Renisha`s family attorney admits she was intoxicated but he insists there`s absolutely no justification for shooting this 19-year-

old in the face and killing her.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: She may have been boisterous. She may have been loud. She may have been noisy. But there was no evidence that she attempted to

break in. This man had absolutely no justification to take a shotgun and blow her head off. He was in his house. The doors were locked. He was

safe.

(END VIDEO CLIP)

VELEZ-MITCHELL: An autopsy reportedly showed Renisha`s blood alcohol level at .22. That`s nearly three times the legal limit for driving. And that`s

led to some fears that the defense is going to put this victim on trial. They apparently wanted to portray her as a party-loving pot smoker with a

troubled history and wanted to show cell-phone pictures of her in some photos that are not necessarily flattering. The judge said no.

Now, I`m on with Ron Scott, the family spokesperson. According to the family, she was just an average 19-year-old. And 19-year-olds are known to

party. Do you feel that they are going to try and will they succeed in putting the victim on trial here?

RON SCOTT, RENISHA`S FAMILY SPOKESPERSON (via phone): Well, let me say this. I`m just sort of pinch-hitting for Bernita Spinks, who`s the aunt of

the victim and who`s known her since she was a child. She`s been so distraught today until she couldn`t even appear, because this whole trial

brings up the specter of everything that they have gone through.

And I might add, Ms. Spinks lost her son six months before Renisha was killed.

And so I think that it`s consistent with what the defense has been saying, what they possibly are going to try to assuage her character and present

her as someone who was less than the desirable person. But, you know, a number of 19-year-olds or 29-year-olds may have a blood alcohol content of

that level. But if anything, it probably should argue for the other perspective, that what could a person in that condition do to someone that

might create a threat? Essentially, what she did, she harmed herself.

VELEZ-MITCHELL: Let me ask you this -- I want to go through the time line and get your position on some of the sort of question marks surrounding the

timeline.

Now, before Renisha was killed, she got into a car crash, crashing her car into a parked car.

SCOTT: Yes.

VELEZ-MITCHELL: The 911 call reported that accident at 12:57 in the morning. That`s when the call came in. The caller told the operator there

were no injuries. The driver left the scene.

Then at 1:23, Renisha goes back to the car. But 20 minutes later when the police arrive, she`s gone again. EMS comes. The accident is cleared.

Then, 3 1/2 hours later, around 4:46, that`s when the 911 call comes in which reports the shooting.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Just received a 911 call from a male who thinks he just shot someone on his porch. Then he hung up. We`re trying to call

back.

We have the male on the line that states he doesn`t know this person.

(END VIDEO CLIP)

VELEZ-MITCHELL: Three and a half hours pass from the time that she crashes her car to when she`s shot. Now, the crash scene is about six blocks from

Ted Wafer`s home where she`s ultimately killed. I just wanted to ask you, sir, if you had any information on what she was doing during those missing

3 1/2 hours.

WAFER: Well, we know at one point that she did encounter another person who attempted to help her out and saw that she had a gash on her head and

was trying to help her out and invited her, as opposed to what Mr. Wafer did -- invited this young woman into her house. The young woman, Renisha,

came to the house and apparently left and then was not seen for a while, which adds to the disorientation.

So within that time period, really no one knows. I mean, if one is that disoriented, there`s something happening, which is not good in terms of her

perception of what`s going on.

And the irony of this situation is that here is someone, as your panelists have said, asking for help, going up to a door. And I might add, the irony

of this situation is that Mr. Wafer`s house looks almost like the house where Renisha was living. I mean, so in her mind...

VELEZ-MITCHELL: Are you suggesting that maybe she was intoxicated and in some sort of semi blackout and thinking that was her house?

SCOTT: I`m thinking that that might well have been a possibility. If you look at the two homes, they look almost similar, though they are nowhere

close to each other. And my perspective is that she may have been trying to find a way to get back home or get somewhere.

And Mr. Wafer`s talking about how fearful he is. How would you feel as a 19-year-old young girl out on the streets that time of night? You don`t

know what might happen to you.

VELEZ-MITCHELL: Well, let me bring in Mickey Sherman, criminal defense attorney, who feels that this was justifiable self-defense. You`ve been

hearing the family spokesperson, Ron Scott. What do you make of his arguments?

SHERMAN: I understand. And I practically agree with everything he says. This young girl was not in a position that make good decisions. She was

asking for help. But you know something? There doesn`t always have to be a bad guy. Sometimes the situation just calls for actions or winds up in

actions that don`t -- no one ever felt was going to...

VELEZ-MITCHELL: Do you think that this Ted Wafer is going to have to take the stand in his own defense to try and explain his state of mind? Because

remember, to argue self-defense, it has to be reasonable. Reasonable self- defense.

SHERMAN: Honest and reasonable belief that he`s going to be harmed or someone else is going to be harmed. The problem is that not every tragedy

-- not every tragedy deserves the attention of the criminal justice system. We don`t have to put every...

VELEZ-MITCHELL: Whoa. You`re saying you don`t think this guy deserves to even be on trial?

SHERMAN: That`s right, I don`t.

VELEZ-MITCHELL: What do you think about that, Eboni K. Williams?

SCOTT: This is amazing. I have to say...

WILLIAMS: It is about reasonableness. And yes, I am sure this man had some fear going on there. I don`t disagree with that at all. It is his

home; it is his castle. He deserves peace and to feel safe.

But reasonableness? There is nothing this young woman did to give him any sense of the belief that he was in harm`s way. Him nor his family. She

was unarmed, Jane. She was disoriented, and she posed no threat to him. And he shot her in the face through a locked door. This is absolutely

manslaughter if not second-degree murder.

VELEZ-MITCHELL: If you are right, then what was his motive? What was his real motive, in your opinion? And think about it.

UNIDENTIFIED FEMALE: It doesn`t have to...

VELEZ-MITCHELL: We`ll answer on the other side. I know you don`t have to prove it in a court of law. But what was his real motive in shooting this

young woman?

Stay right there. And I want to hear from you. Lots of folks weighing in on Facebook.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: It was around 4:30 in the morning when Renisha McBride`s life ended here on this front porch in Dearborn Heights. The

owner, a 54-year-old man, pulled the trigger of a shotgun, and the autopsy shows it was not at close range.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

WAGER (via phone): Just shot somebody on my front porch with a shotgun, banging on my door.

(END VIDEO CLIP)

VELEZ-MITCHELL: Facebook exploding on this story. Kelly: "Don`t any of you know how long it would take cops to arrive in that area?" Implying

maybe that she`s buying into the fear argument.

Jeff: "Why open the door if you`re so scared? Call 911. Then tell the person you have a gun. If they decide to come crashing through the door."

Frank says, "I would have done the same thing." So it`s all over the map.

Let`s open it up. Lisa Guerrero, what strikes me, no evidence of close- range discharge. So she may have knocked on the door and then maybe backed off a little bit and then he shoots her, not at close range. That doesn`t

add up.

GUERRERO: That`s right. And something that you just mentioned that I kind of looked into today on my own, somebody said, do you realize how long it

takes for 911 to get there in Detroit? Folks, this isn`t Detroit. This is Dearborn Heights. They have their own police department. So this is not

in Detroit. It`s a suburb of Detroit. This is a primarily white neighborhood, just to set that record straight.

And finally, one thing that really bothers me about this case and I think is probably bothering a lot of people at home, put yourself in the victim`s

position for just a minute. What if, God forbid, you were in a neighborhood where you didn`t know anybody, you were hurt, you were

stranded, you were in a car accident and you needed help? Does this case mean that we can`t go to a neighbor, we can`t go to a person and ask for

help in the middle of the night for fear that we`re going to get killed?

VELEZ-MITCHELL: I think you`re making an excellent, excellent point. And I want to bring it back to the most explosive cases in recent history, have

been debates over where self-defense ends and murder starts.

And you know what I`m talking about: the infamous case of George Zimmerman, accused of murdering teen, Trayvon Martin. He claimed self-defense. He

got off. He was acquitted.

But then there was Michael Dunn, accused of killing an African-American teenager for playing music too loud at a gas station. He was convicted of

attempted second-degree murder but waiting for another trial.

Let`s go back into the Lion`s Den. Wendy Walsh, do you think this is about race?

WALSH: Unless you can give me three more cases where it was a white teenager, then I see a theme happening here. And I think the theme is --

first of all the theme is, yes, it`s racially motivated.

But secondly, the other thing that`s important is what Lisa touched on, why are we so afraid in America?

And the last thing I want to make sure I get in there, Jane, this woman had a head injury. She was not thinking right. She was in danger, perhaps, of

passing out. She may have thought that this was her own doorstep. This is a woman who`s bleeding with a head injury, and she`s asking for help.

Where are the good Samaritans in the world that they bring out shotguns?

VELEZ-MITCHELL: Well, also -- Mickey Sherman, though.

WILLIAMS: I want to make this point.

VELEZ-MITCHELL: Yes.

WILLIAMS: To your point about race, though, Jane. I think it`s important to note that there is definitely some racial subtext that is going on in

this country when it comes to the issues of fear, afraid and reasonableness. And that`s a conversation we need to be having like we`re

doing right now.

That said, when it comes to the prosecution of this defendant, I think it would be a mistake of prosecutors to introduce race as a motive. I don`t

think there are the facts to support it, and quite frankly, Jane, they don`t need to. The facts of this case speak for themselves. They can

garner a conviction without that argument.

VELEZ-MITCHELL: I`m going to give Mickey Sherman one final quick word.

SHERMAN: The fact that she made a mistake, we shouldn`t vilify her. She`s a poor young girl that found herself in a bad situation. But that doesn`t

mean that the other guy`s ship should sink, as well. It was an absolute accident -- mistake. No intent to kill anybody.

VELEZ-MITCHELL: Well, he is on trial for murder. And we`re going to follow it and bring you the very latest.

Up next, breaking news in the hot car death of young Cooper Harris. Did the boy`s father really lead a double life? Or are investigators

exaggerating? That is a new charge that is just coming in. We`re going to bring you that latest controversy on the other side of the break.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: His demeanor would actually -- would fluctuate also. He started off trying to work himself up. And we`re watching him on the

camera as he`s doing this. And he`s walking around, and he`s rubbing his eyes, trying to -- looked like he`s trying to hyperventilate himself. And

then he`ll just stop. No tears, no you know, real emotion coming out of him except for, you know, the huffing.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Tragic accident or premeditated murder?

UNIDENTIFIED MALE: The father says he forgot to take the boy to day care.

UNIDENTIFIED MALE: Or something more sinister?

UNIDENTIFIED MALE: New search warrants just released this morning --

UNIDENTIFIED MALE: Up to six different conversations with different women.

UNIDENTIFIED FEMALE: Charged with murder and second-degree child cruelty.

UNIDENTIFIED MALE: His exposed penis, erect penis being sent.

UNIDENTIFIED MALE: He wanted to live a child-free life.

UNIDENTIFIED FEMALE: She asked him about cheating on his wife.

UNIDENTIFIED MALE: Left for seven hours in his father`s car.

UNIDENTIFIED MALE: A tragedy and an accident.

UNIDENTIFIED MALE: Or something much worse.

(END VIDEO CLIP)

VELEZ-MITCHELL: Tonight, brand-new controversy in the hot car death investigation as a new side of Ross Harris, the defendant, is revealed.

His own brother coming forward with evidence that he says proves Ross Harris did not intentionally murder his young son inside a scorching hot

SUV. Harris` brother says Ross was a devoted father and that they were planning a family vacation together, a trip Ross specifically wanted to

have with his son and other children. So his son could play with those other children.

His brother also claims Ross and Leanna Harris were planning to have a second child. They were looking for a bigger house with a yard for little

Cooper to play in. Is this the very same person police portrayed as a liar and a cheater who wanted a child-free life and who was sexting as many as

six different women, sending photos of his erect private parts as his son died a torturous death inside his father`s car?

The "Atlanta Journal Constitution" used surveillance footage of Harris in his office parking lot on the very day little Cooper roasted to death in

that parking lot. The paper claims the video does not match the police accounts of Harris` actions that day.

His brother goes further, calling the detective`s testimony at the probable cause hearing character assassination and a rush to judgment. He says that

he`s angry with police and he`s angry with the prosecutor. So did police exaggerate their case against Ross Harris? And if so, why?

Straight out to our "Lion`s Den" debate panel -- Wendy Walsh, psychologist, they laid out a lot of facts but they also pointed to a lack of emotion, a

lack of tears after his son was dead --

WALSH: Well --

VELEZ-MITCHELL: -- I mean really, they really told the whole story beginning, middle and end with an arc.

WALSH: Yes, they did, Jane. And I want to tell you a little bit about first of all the way people mourn, the way people deal with shock.

Sometimes there are no tears. Sometimes they are quiet. Sometimes it comes later.

Secondly we want to talk a little bit about male psychology. You know, men are really good at compartmentalizing. In other words, that baby could

have been in the back of his car dying and his brain is totally somewhere else in another compartment. That`s very male. And actually kind of

normal, I hate to say it. Women are more the multitaskers in how their brains work.

VELEZ-MITCHELL: Well, actually, I was thinking, Carolina Bermudez, TV and ` personality, that this new evidence that has just come forward provided

by the brother who by the way is a police officer in Alabama, shows that this man may have been at war with himself, if not consciously,

subconsciously.

Nobody seems to dispute the idea that he`s sexting six women, approximately, in his office sending photos of his erect private parts to

these women, getting photos of breasts in return while his 22-month-old son is in the hot car dying a torturous death in a car seat too small for him

that was strapped too tight.

But if everything that the brother is saying is true, perhaps this man was having some sort of internal struggle -- good Ross, bad Ross. I don`t

know.

BERMUDEZ: Well, the details that you just described, Jane, are too disturbing to ignore. And I think that we need to pay attention to those.

But also I think many times family members are too horrified to admit that someone they know and love could be capable of doing something this evil.

So of course, his brother is going to come to his defense. And hey, might be they were going to go on a cruise and maybe he told people that they

were going to move to a different neighborhood because they wanted to have another child. There`s a big difference between what people say and what

people do. So I don`t know --

UNIDENTIFIED MALE: The guy made a mistake.

BERMUDEZ: Pardon.

UNIDENTIFIED MALE: The guy made a mistake. This is not the first time this has happened. This happens many, many times over the years. It`s a

tragedy. I represented two guys for doing this. Luckily the child did not die and wasn`t seriously hurt. But this is not the most uncommon situation

in the world.

But we wanted to paint this guy, we being the society, because the crime is so horrific and the thought of this Cooper suffering so much, we want to

demonize this guy beyond anyone`s imagination.

BERMUDEZ: Right. But there are too many questions here that are left unanswered. And I think that`s what people are looking for.

UNIDENTIFIED MALE: The sexting? Our congressman from here was a sexter. I mean these are -- they`re not even parts of a puzzle. They`re shaving

the parts to make the puzzle fit.

VELEZ-MITCHELL: Well, let`s talk about some of the other evidence -- OK.

WILLIAMS: And that`s actually -- that`s -- and that`s the biggest problem, right? Because ultimately every case in this country comes down to one

issue and that`s that of credibility so if indeed the investigators involved in this crime are in any way exaggerating the evidence levered at

the defendant, that`s a problem for the prosecution because then the credibility of the entire prosecution`s case comes into question. And

that`s very, very bad for those DAs.

VELEZ-MITCHELL: The whole controversy started when we first heard that this guy researched how long it takes an animal to die in a hot car and

then hot car deaths and watched a videotape of a vet in a car and how horrible it was --

(CROSSTALK)

UNIDENTIFIED MALE: Didn`t we learn that that`s not true?

(CROSSTALK)

VELEZ-MITCHELL: Well let`s -- excuse me?

UNIDENTIFIED MALE: Didn`t we learn that that`s not true? That he did not watch those --

VELEZ-MITCHELL: No. We did not learn that. What we learned is that there was a different spin put on these searches. In search warrants and at the

hearing, police and prosecutors claimed Harris did online searches for child-free living. But on cross-examination, his defense attorney disputed

it. Listen --

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: This isn`t something that he typed in searching -- researching. It`s just something that he clicked on what was up on that

site, right?

STODDARD: It`s the site that he went -- I don`t know how he was directed to it.

UNIDENTIFIED MALE: So you don`t have any evidence that he actually typed in a Google search or Reddit search or anything for "child-free"?

STODDARD: True.

(END VIDEO CLIP)

VELEZ-MITCHELL: So that`s a critical distinction, Eboni K. Williams, attorney.

WILLIAMS: Yes.

VELEZ-MITCHELL: Essentially what the defense is saying is that it wasn`t that he went and researched in depth online for child-free living, hot car

deaths. It was that he was surfing the Internet, things came up and he clicked on them, as millions of other people do. Do you buy that?

WILLIAMS: Well, I only buy it Jane in the sense that these kind of fine- line distinctions, while they may seem irrelevant to us as laypeople and in the real world, but when it comes to this jury box, Jane, I do think that

will make a distinction because they want to be able to trust the DAs emphatically. They want to be able to trust the prosecutor is presenting

them with the full and complete truth.

And when these little exaggerations start to add up, and Jane, you get this totality of questioning the credibility of the DA`s case and that could,

long term, be a problem for them.

VELEZ-MITCHELL: Listen to Facebook. Jeannie says, "We know he leads a double life. We can`t trust what his brother said. His family is going to

want to make him look good." But Connie says, "I think he has had his character assassinated." Melanie says, "This doesn`t change the facts

about him so it`s not character assassination." Paul says, "I think he`s being tried before the trial starts. Where the U.S. is going is this guy

going to get a fair trial with all these details out there?"

And that`s an excellent question. Lakisha, Indiana, what do you have to say -- Lakisha, Indiana?

LAKISHA, INDIANA (via telephone): Hi Jane. Thank you for accepting my call.

VELEZ-MITCHELL: Sure.

LAKISHA: I have two comments and two questions. My comment is this case would have never made the immediate if Ross Harris was black and if the

child was black. The guy would just automatically be prosecuted. And the other comment is that he wanted to live a child-free life. He looked all

these Google searches up about child-free, trying to survive in prison, sexting all these women because his wife wouldn`t give him no sex. Some

women don`t want to have sex after having kids. And he never showed no remorse when they talked about how little Cooper died in that car.

The only time he cried and shared a tear at that probable cause hearing was when his defense attorney stood up and said that he searched up about some

type of turnaround program about not leaving your child in the car and then he`s going to leave his kid in the car? This guy purposely planned to

leave his kid in the car --

(CROSSTALK)

VELEZ-MITCHELL: Lakisha, you could be a prosecutor in another life because you`re making the prosecution`s point. Now, we reached out to the

prosecutors and the DA`s office for comment on this article criticizing their case. They told us, "We recognize the media has had an interest in

this case from the outside. DeKalb County DA`s office has not nor will speak substantively (ph) about this case while it`s pending. In fact the

Georgia rule of professional conduct for prosecutors forbids it. The case will ultimately be decided in a court of law, not through the media." End

quote.

But, you know, getting back to this whole issue of whether one side is right or the other side is right, Lisa Guerrero, chief investigative

correspondent, "Inside Edition", could they both be right, in the sense that people do not operate in a logical, linear fashion? Quite often they

do things that seem completely contradictory. Is it possible he was planning this family trip but at the same time looking up child-free and

sexting with other women and having a war with himself?

GUERRERO: Well, possibly. Here`s another thought. Perhaps he told people that he wanted to go on this cruise as a family trip in order to help set

up an alibi. Again, consider the source. Who`s telling us this? The brother`s telling us this.

So I`d like to know some more details. Did they pay for the cruise yet? The cruise was supposed to be in October of this year. Supposedly they

were having financial problems. If they were having financial problems, why were they planning a cruise? You know, I`d just like to know some more

details. And I`d like to, again, follow the money.

VELEZ-MITCHELL: Funny you mention that. The brother and those who are critiquing the prosecution say the financial problems were wildly

exaggerated and they were actually saving up to buy a house.

We`re going to stay on top of that case, obviously

On the other side, a sex tape scandal rocking the cast of one of the biggest reality TV shows. But the tape actually is so wild it could be the

ticket to superstardom for the stars of this adult film. You won`t believe what`s coming up on "Love & Hip-Hop" next.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I`m here in New York. I`m happy. I`m having the time of my life. There`s no (inaudible) nowhere. Of course I wouldn`t

shop there. I did a bunch of things, (inaudible). I watched this (EXPLETIVE DELETED). That`s some real low-down dirty (EXPLETIVE DELETED).

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: More sex tape shame.

UNIDENTIFIED FEMALE: You know you`re a porn star now.

UNIDENTIFIED FEMALE: (EXPLETIVE DELETED) I didn`t want to watch. And then when I watched it, I was glued.

UNIDENTIFIED MALE: If we do a deal, you guys stand to make a lot of money.

MIMI FAUST, REALITY TV STAR: Because you have to prove me unfit.

UNIDENTIFIED MALE: It isn`t hard right now.

FAUST: I wasn`t sleeping with a stranger or someone off the street.

UNIDENTIFIED FEMALE: Are you serious?

FAUST: I was making love to my man.

(END VIDEO CLIP)

VELEZ-MITCHELL: Really? Tonight, VH1`s hit show "Love & Hip Hop, Atlanta" made Mimi Faust famous. But did her triple x-rated sex tape launch her to

superstardom? The reality star and her boyfriend Nikko Smith pressed record and then they got down and dirty. Yet they claim this raunchy sex

tape was stolen and leaked. They`re not responsible for it being all over the world.

Vivid Entertainment reportedly broke records with the sex tape, "Mimi and Nikko`s Scandal in Atlanta". But Mimi`s decision to grace the world with

her sexual romp has caused a huge outcry among her co-stars. Even Mimi`s friends go absolutely wild when they actually see this shocking sex tape of

hers.

Watch this from VH1.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I don`t care how much money you (EXPLETIVE DELETED) get for this. You`ve got a child and this could (inaudible) --

FAUST: This hurt my heart. I`ve got a child. It`s a little girl that`s got to deal with this. A little girl.

UNIDENTIFIED FEMALE: It`s her momma. I don`t like (EXPLETIVE DELETED) like that. No, I don`t.

FAUST: OK.

UNIDENTIFIED FEMALE: I don`t. You better talk to her before I do because I`m going to hurt her feelings. It`s (EXPLETIVE DELETED) up.

(END VIDEO CLIP)

VELEZ-MITCHELL: And that`s Mimi`s friend. Say what you want but Mimi`s now the star of this show. There are reports she made $5 million and is in

talks for her own spin-off show.

"Lion`s Den" we begin with Joslyn Davis, host of ClevvertV. Did she make a horrible, shameful mistake or is this the smartest move ever?

JOSLYN DAVIS, HOST OF CLEVVERTV: I don`t know if I can say this is the smartest move ever. I personally just find it really fascinating that when

we saw her on the show actually grappling with this decision, she was in the car with her daughter in the backseat. And she was talking about how

she chose to sell the tape so that she could provide for her daughter so one day she could tell her daughter she did this for her. At the same

time, she`s driving a really expensive luxury vehicle, she`s being paid probably to be on this VH1 show and she`s driving around in a neighborhood

full of mansions.

So I think that`s why I find this really interesting and maybe not necessarily a decision she had to make.

VELEZ-MITCHELL: Kendra G, you know a lot of the players in this whole game. I mean look at her. Now the whole world knows her intimate private

parts, but yet she made $5 million and she could get her own spin off show. Is this a big win for her or is this the shame that she will have to wear a

scarlet letter for the rest of her life?

KENDRA G, ENTERTAINMENT CORRESPONDENT: Let me say this, for my career it will be a total loss. But for Mimi`s career it`s a big W -- a huge win.

She became the star of the show. Like you said, she got paid $5 million. Listen, she`s on this type of show. This show is what they do. They bring

the (inaudible) as high as they possibly can. So it was the smartest thing that Mimi could have done. We are always talking about her this year.

VELEZ-MITCHELL: On the other side, is it still different for the men? You know what I`m talking about.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

VELEZ-MITCHELL: A growing frenzy as people clamor to watch Mimi Faust, her boyfriend Nikko --

(END VIDEO CLIP)

VELEZ-MITCHELL: They are watching our show, so what would you say Joslyn Davis to Mimi? She`s watching, probably?

DAVIS: Well, I would tell Mimi, you know girl, we all make mistakes. We all do things we are not proud of. But now take that $5 million and put it

into good use. Put it toward charity. Put it towards maybe girls out there not having to go through something similar. Make a difference in the

world.

VELEZ-MITCHELL: All right.

DAVIS: That`s what I`ll say.

VELEZ-MITCHELL: Kendra G, what would you say?

KENDRA G: Congratulations, Mimi for taking the spotlight from the show this year. You played by the right rules, girlfriend. You did it and I

know why you can`t leave that man because Homey is packing. I see why you can`t leave that one.

(CROSSTALK)

VELEZ-MITCHELL: You said it, I didn`t.

You know, I think it`s a bad idea. It`s not supposed -- that kind of act is not supposed to be viewed by millions of people. I agree, give the

money to charity.

Nancy is next.

(COMMERCIAL BREAK)

END