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Jane Velez-Mitchell

Tech CEO Accused of Drugging, Raping Women; Renisha Shooting: Murder or Self-Defense; Saving the Orangutans

Aired July 24, 2014 - 19:00   ET

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

UNIDENTIFIED FEMALE: And he thought he could manipulate Ann Haynes. He thought he could manipulate investigators, and he believed that he was

getting away with it.

JANE VELEZ-MITCHELL, HOST: Tonight the sick and twisted secrets behind the doors of a million-dollar gated estate of a captain of industry.

Police say they found evidence of kinky sex, drugs and a stash of guns when they arrested Memphis technology mogul Mark Giannini. The clean cut

entrepreneur, who neighbors thought embodied the American dream, was allegedly living a sleazy criminal double life.

A mother of four told cops she went to his mansion for a job interview and was subjected to rape, violence and unspeakable sexual humiliation at

the hands of this powerful executive. But tonight his lawyer is denying it.

Good evening. I`m Jane Velez-Mitchell, coming to you live.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: It`s nauseating and it`s terrifying.

UNIDENTIFIED FEMALE: And never thought he was capable of violence let alone rape.

UNIDENTIFIED FEMALE: I`ve always known Mark as a wonderful business man.

UNIDENTIFIED FEMALE: He gave her a drink at his home.

UNIDENTIFIED MALE: Then raped her for hours and told her it was the job interview.

UNIDENTIFIED FEMALE: It`s chilling to know that it`s been happening here.

UNIDENTIFIED MALE: He forced the victim to swallow urine, feces and blood.

UNIDENTIFIED FEMALE: They found illegal prescription pills and guns.

UNIDENTIFIED MALE: And bit her so hard that she started bleeding.

UNIDENTIFIED FEMALE: Grabbed her by her hair and kissed her.

UNIDENTIFIED MALE: You never know what goes on behind closed doors, I guess.

(END VIDEOTAPE)

VELEZ-MITCHELL: This unidentified mom told police Mark Giannini picked her up and drove her to his Memphis mansion. She thought she would

be interviewing for a housekeeping and office job. She thought she was meeting a well-respected, successful and charitable businessman. Listen to

this WPTY interview he posted that was posted on YouTube.

(BEGIN VIDEO CLIP)

MARK GIANNINI, ARRESTED FOR ALLEGED RAPE: My company is Service Assurance. We are the largest IT service provider in the mid-South and

we`ll be 21 years old this August. Part, again, as I had said what we do is give back to our community. This is a community that has helped grow

our business, and we feel an obligation to give back.

(END VIDEO CLIP)

VELEZ-MITCHELL: This is the suspect we`re talking about here.

Now, back at that mansion, the woman told cops she was drugged, bitten, raped and subjected to unimaginable things sexually that we simply

cannot repeat on television during a three-hour ordeal that he allegedly described as her job interview.

The victim says she sobbed and begged to go home as he took her from his swimming pool to his bedroom.

When detectives raided Giannini`s estate they say they found a massive stash of sex toys, nipple clamps, handcuffs, prescription narcotics, guns,

along with drawers and drawers of ladies` lingerie, clothes and shoes in a whole variety of sizes. All the women`s clothing and accessories makes me

wonder is this woman`s horror story just the tip of the iceberg?

Giannini is accused of aggravated rape tonight and selling controlled substances. His attorney told us he says he`s innocent.

What do you think? Call me: 1-877-JVM-SAYS, 1-877-586-7297.

Straight out to the Lion`s Den, and we begin with Joe Gomez, reporter KRLD, Dallas. You`ve been looking at some of these extraordinary court

documents. What stands out at you that you can repeat on television?

JOE GOMEZ, REPORTER, KRLD: Well, Jane, there`s just so many unimaginable horrors that happened to this poor woman, who obviously was

trying to support her family. They were living out of a hotel, for goodness sake.

And she came to this man`s home, allegedly, for an interview. And then he allegedly raped her over an American flag. An American flag towel.

And that`s just -- it`s just insane.

And then he apparently also gave her an orange drink that had a mickey inside. She was walking around. She found a skeleton in the den. A

skeleton in the den of his house? She wanted to leave, but apparently, this guy said no. And then the rest happened. And it`s such a terrible

story that...

VELEZ-MITCHELL: And I want to stress...

GOMEZ: There are so many things I can`t even repeat.

VELEZ-MITCHELL: ... Mark Giannini`s lawyer issued a statement saying this man says he`s innocent. He or his attorney are invited on our show

any time. We`d love to ask them some questions.

The victim, who has not been identified, says Giannini picked her up at her home in his Jaguar. He took her to his mansion and allegedly gave

her an orange drink he told her would taste like a pop-up and told her to drink it. Now she says she told him she was ready to go home. And he

allegedly told her, "No, you`re not."

According to shocking court documents, the suspect grabbed the victim, by the hair and kissed her aggressively. He told her, allegedly, she

tasted like cigarettes, to go to his pool house and brush her teeth and gargle with Scope and then take her clothes off.

The alleged victim describes unimaginable sex acts intended to humiliate her and claims he indicated she needed to be punished more.

Again, the details are just way too gross to be repeated on television.

And the woman said one of Giannini`s employees finally drove her to a local Motel 6 where her family was staying. They took her to the hospital.

And we are looking at an interview of this suspect posted on YouTube. Again, this is a captain of industry, somebody who was considered the

epitome of the American dream.

I want to go to Deborah Clubb, executive director of the Memphis Area Women`s Council. You are in the area where all of this is happening.

Thank you for joining us, ma`am. What do you make of these allegations?

DEBORAH CLUBB, EXECUTIVE DIRECTOR, MEMPHIS AREA WOMEN`S COUNCIL (via phone): Well, just looking at the material from the search warrant,

everything that was found in the house, it`s just screams to me that this is a person who has way too much time on his hands and too much money.

He is obviously able to collect all the things and have the wherewithal to take advantage of someone who is so vulnerable and needy.

And it`s sort of freaky to me. It reminded me too much of "Pulp Fiction" and some of those things where people`s sexual behavior and sexual

proclivities go too far and absolutely victimize and terrorize other people.

VELEZ-MITCHELL: Well, ma`am, you live in the area. What -- what are the people in the area saying? Again, this guy is not just a mogul, but he

was considered sort of this -- the epitome of success, having sold his technology firm, service insurance for $2 million two years ago, and he

still owns the moving company Packrat. And again, he lives in a lavish estate, drives a Lamborghini. And neighbors say nobody saw this coming.

Let`s listen, and we`ll talk to that lady again.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Very surprising. Very surprising. I`ve always known Mark as a wonderful businessman, and I`ve been to his property and

his home many, many times. And I`m pretty flabbergasted.

(END VIDEO CLIP)

VELEZ-MITCHELL: Giannini is accused of possession of narcotics Alprazolam and hydrocodone with intent to manufacture, deliver or sell.

Again, Deborah Clubb, you`re the executive director of the Memphis Area Women`s Council. What is the buzz in the region?

CLUBB: Well, what`s worrying us is that, because he has money and because he is so well-known and has the reputation of being such an

upstanding and philanthropic person, that there`d just be an awful big chance that this would become all about demeaning further the victim, the

alleged victim. And that he -- that getting justice for her is going to be a real uphill struggle.

There definitely is a -- you know, a lot being made of the fact, as you just said, that he`s so successful; and the folks around him had no

idea of this and all of that sort of thing.

None of that is surprising if you know anything about serial rapists or people who carry on these -- some of these kinds of behaviors, again

that the things in his house and this allegation of attack say to me.

VELEZ-MITCHELL: Well...

CLUBB: That...

VELEZ-MITCHELL: I want to say thank you for joining us. I know that you are very, very shocked by this, as are many people in this community.

But Brian Claypool, criminal defense attorney, I think we have to point out a couple of things. One, this man says he`s not guilty. Two,

owning sex toys is not a crime. You can own all the things, whether it`s shocking nipple clamps and handcuffs and blindfolds. I mean, is there a

danger here of possibly taking some of this out of context?

BRIAN CLAYPOOL, CRIMINAL DEFENSE ATTORNEY: Jane, this is Ross Harris round two. We have Ross Harris mania going on again in Tennessee.

If you parse everything away, all the evidence you have right now, Jane, is her word against his. None of the drugs that are found in his

home, none of the guns that are found in his home suggest that he raped her. His defense will be it was consensual sex.

Now let`s back up. Jane, would you recommend to a young woman gong on an interview to allow a man to pick her up and drive her to his home for

the interview? That`s not going help her.

Secondly, we don`t even have evidence yet, Jane, of whether she went to a rape treatment clinic. Was she tested for being raped? Are there --

is there any medical evidence to show that she had vaginal fissures or lesions in the vaginal area? Do we have any of that? Were her clothes

ripped?

VELEZ-MITCHELL: Well, I hate to say it, but they`d also have to look at the anal area, if you know what I mean. Because we can`t get into the

specifics of these allegations, because they are so really rough that we can`t get into them.

Simone Bienne, do you have anything to say to Brian Claypool?

SIMONE BIENNE, BEHAVIOR EXPERT: Brian, where I do start? Listen, this isn`t a guy, if his allegations are true, he`s isn`t just in the 1

percenter of what he earns. He`s in the 1 percenter of rapists, because only 1 percent of rapists are so purely sadistic that they cause

humiliation and pain for up to three hours.

You are a man. You are not a woman. And I don`t know what it -- it`s an unimaginable. Three hours of humiliation.

(CROSSTALK)

VELEZ-MITCHELL: Elizabeth Espinoza, go ahead.

ELIZABETH ESPINOZA, CNN ESPANOL: You know what? Don`t forget, Brian, this woman was drugged. I mean, the fact that at the hotel, Motel 6...

VELEZ-MITCHELL: Allegedly.

ESPINOZA: Allegedly, she was found foaming at the mouth. OK? So if you piece everything together, you`re right.

Certainly, this man is entitled to have nipple clamps, whatever he wants. A pink leash, sure. Have fun all day long. But when you piece

everything together, it makes sense.

And clearly, he is innocent until proven guilty, but the math is starting to add up real nicely against this guy.

VELEZ-MITCHELL: Well, let`s go to our Facebook and talk about this. Chris says, "It`s outrageous this guy is out on bond." We`re going to talk

about that. Because some say he already showed that he was a flight risk when police showed up at his house, what he did. Why is this guy out on

bond?

Stay right there. So many comments on Facebook. I also want to hear from you at home. Give me a holler. We`ll be back in a second.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: When deputies went to Giannini`s home to investigate the rapes, they found illegal prescription pills and guns. He

was arrested on drug charges and had an expired De Sota County Sheriff`s I.D. and badge, $1,600 in cash and a passport in his pocket.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Investigators raided Giannini`s Eads property and seized three pages` worth of stuff, including a piece of wood with rope on

it, handcuffs, a pink leash and eight containers with assorted panties and shoes of various sizes.

(END VIDEO CLIP)

VELEZ-MITCHELL: According to the search warrant that I`m holding right here in my hand, police found a slew of women`s panties and shoes,

various sizes in what they called the red room on the first floor of the suspect`s mansion. There were four bins full of women`s shoes divided by

size, from six to ten. There were four baskets of women`s panties. Each basket had a difference size. Some extra small to one size fits all. All

those shoes and panties in a variety of sizes could not be intended for one woman.

So I want to go to Levi Page, crime blogger out of Tennessee. How do police determine if there are more victims out there?

LEVI PAGE, CRIME BLOGGER: Well, maybe with this being on the national news and all over the news in Memphis, victims will come forward if there

are more victims. And there very well could be, because in the home, according to these search warrants that were released, he had bottles of

things with an unknown clear liquid in it. In Ocean Spray bottles, et cetera. And police are going to search, are going to test that and see if

that is GHB, the date rape drug.

This woman drank an orange drink that caused her to go in and out of consciousness.

VELEZ-MITCHELL: Allegedly.

PAGE: And there is a lot of stuff stacking up against this guy, including the fact that this woman had bruises and markings on her neck

area and she went to the hospital so of course, a rape kit was done. And I`m sure it tested positive, although we don`t know that at this juncture.

And as soon as police showed up to the house, what did the guy do? This nut case ran out into the woods and then came back with scratches all

over him, sweaty and he had a bottle of the Viagra on him. This guy is beyond a pervert. He`s a deviant.

VELEZ-MITCHELL: Well, allegedly. You know, here is the thing. Police...

PAGE: Well, I don`t think it`s allegedly that he`s a perv. I mean, that`s known.

VELEZ-MITCHELL: OK. Well, you`re entitled to your opinion, yes. Police think when they went to the suspect`s mansion he initially tried to

flee. They noticed wet footprints leading from the back of the house across a fence towards a wooded area.

And then a few minutes later -- surprises, surprises -- the suspect shows up at the front door of the estate, sweating profusely with

scratches, fresh scratches on him.

Now, they searched him and they found a bottle of Viagra, a sheriff`s badge. He`s not a sheriff. A passport and $1,600 in cash. And yet he was

still able to bail out, not once, but twice.

Now, that to me is outrageous. You know, innocent or guilty, he acted at one point, cops say, like a flight risk. This is a very serious

allegation against him. And why is this guy out on bond? And I just don`t understand that. And I`ll throw it to Elizabeth Espinoza.

ESPINOZA: You know what, Jane? I think you`re absolutely right. That is a very -- you are spot on in terms of that observation. And I

think clearly money -- who knew? -- is playing a factor here. Because this guy is deep pockets. So he`s got the best attorney, who made some crazy

argument.

But, oh my God, he had a sheriff`s badge. Do you know what this story also makes me wonder? If there are other women that, just because the

humiliation of being raped, have not come forward. And maybe he has even used that badge to say, "I`m a police officer and you`ve got to do what I

say. And don`t dare -- don`t you dare go forward and tell anybody what happened."

VELEZ-MITCHELL: Brian.

GOMEZ: Absolutely. Absolutely. Especially because this guy...

CLAYPOOL: Jane -- Jane...

GOMEZ: ... is such a prominent businessman that I`m sure that he has a huge ego. He thinks he can get away with anything. He has a sheriff`s

badge. He`s preying on -- allegedly on poor women. This woman, her family lived in a Motel 6, for goodness sakes. And here he is living in a

ridiculous mansion.

VELEZ-MITCHELL: Well, here is one question, because I studied this. It says here, OK, he made her this drink, this orange push-up. I don`t

know what that is. And told her the drink would taste like a pop-up. I don`t know what that is either. Maybe I haven`t been around enough. OK.

This guy then allegedly made her drink it, and she told him she was ready to go home. He told her -- this is according to the allegations in this

document -- "No, you`re not." He grabbed the victim by her hair and kissed her.

He then told her she tastes like cigarettes. He made the victim go to the pool house to brush her teeth and wash her mouth with scope. And my

question is hold on. Why didn`t she try to flee at that moment in time? That`s the one thing that stands out to me.

GOMEZ: She was drugged up. That`s why.

CLAYPOOL: Jane, I was going to ask Elizabeth and Simone this question. If you were in this man`s house and he was doing that to you,

and he said, "Hey, your breath smells like cigarettes. Can you go brush your teeth and get some mouthwash?" wouldn`t you run for the front door?

Wouldn`t you?

VELEZ-MITCHELL: Brian...

(CROSSTALK)

BIENNE: If you have come from any kind of abuse. I`m not saying this is a story. But anyone who has had any kind of abuse in her background,

any kind of sexual assault, will not have the same responses that a person who hasn`t had that kind of abuse had. They will freeze. They won`t have

the normal response of fight or flight.

We also have a woman who was completely, as we were saying earlier, living in a motel. She is desperate for work. So add the two together,

and I`m sorry but she`s there.

CLAYPOOL: Maybe she knew -- maybe she knew...

ESPINOZA: Simone, add to that...

VELEZ-MITCHELL: One at a time please.

GOMEZ: Go ahead.

ESPINOZA: She is in his kingdom. Think about that. This man is much bigger than her. I mean, how many times do you hear a woman saying, "I was

trying to figure out a way out, but I had to kind of go with the plan until I could find a way to run out." She doesn`t know where the exit is. It`s

her first time at this house.

VELEZ-MITCHELL: Look, I want to go to the phone lines. Hold on a second. Let me go to the phone lines.

Denise, New York, I`d love you to weigh in. Thanks for your patience. Denise, New York.

CALLER: Hi, I just want to say that -- and I`m not blaming the victim. I`m just saying that this woman did so many things wrong.

First of all, I do the same kind of work. I`m not going to no one`s house. I have mace, and I also have a phone with my hands on 911. Because

she can`t -- he can`t say it is his word against hers. She went with him freely to his home. And just because you live in a mansion doesn`t mean

that he`s crazy. I just think that she did so many things to put herself vulnerable.

And I understand she`s desperate for work, but we as woman have got to use wisdom. That is how come things keep happening to us, because wisdom

go out the door. I feel sorry for her, but she should have used wisdom.

VELEZ-MITCHELL: Well, what should she have done differently, Denise?

CALLER: I would have never went to his house. He could have never came and picked me up. And if he insists on I`ve come into his house, I

would have said, "Well, I work with my husband."

VELEZ-MITCHELL: Hold on a second, though. I mean, if you`re going to be working in somebody`s house cleaning and doing office work, you`ve got

to go to their house at some point. I mean, this guy presents...

CLAYPOOL: Not the first time.

VELEZ-MITCHELL: ... like the king of the neighborhood. He`s sold his firm to another even larger firm two years ago, undoubtedly for many

millions of dollars. That was just two years ago. He still owns the moving company Packrat. He lives in a lavish estate. He drives a

Lamborghini, and neighbors say nobody -- nobody -- saw this coming.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Very surprising. Very surprising. I`ve always known Mark as a wonderful businessman, and I`ve been to his property and

his home many, many times. And I`m pretty flabbergasted.

(END VIDEO CLIP)

VELEZ-MITCHELL: All right. Let me go to some of my Facebook comments that are coming in. Irina, "He`s out on bond because of his millionaire

status."

Nancy, "DNA will tell the story."

Ingrid, "Why did she go to his house? I smell a lawsuit."

Karen, "Just because she says this doesn`t mean it is true. Who says she didn`t make it up to get his money?"

I mean, this is the problem with he said/she said, Joe Gomez, reporter KRLD. Is that, I mean, it`s one person`s word against another except for

what they found in the house.

GOMEZ: Exactly. They found all those panties and they found all those shoes and they found all those drugs in that house, Jane. Now why

would this guy have all of this stuff in his house? Why would we have a skeleton in his den?

VELEZ-MITCHELL: The skeleton is irrelevant.

GOMEZ: She said that he raped her on an American flag towel and then they found the towel there. And then the guy comes out of woods. You`re

kidding me. I don`t understand how somebody can defend this guy and say, "Well, maybe she`s making it up. She`s making it up." Why...

CLAYPOOL: Joe, maybe he`s got a fetish.

GOMEZ: Maybe he`s got a fetish.

(CROSSTALK)

VELEZ-MITCHELL: Brian, quickly.

CLAYPOOL: Hey, Jane, I have another question, though. If -- if she was drugged, then how is it that she remembers every vivid detail of what

happened during those three hours? That casts suspicion as to whether I believe that she was truly drugged.

And to answer your question earlier on the first meeting, she should have met him in a public meeting or at a true office. Not at his home.

VELEZ-MITCHELL: Twenty toothbrushes from the bathroom were seized. Some are wondering tonight, could this be the tip of the iceberg? Will

more women come forward? Or, if these allegations are true, are women simply too embarrassed because this stuff that he allegedly did to her, we

can`t repeat it. It`s that disturbing. Stay right there.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: It`s horrific. And it`s -- it`s chilling to know that it`s been happening here.

UNIDENTIFIED MALE: Investigators say Giannini got the victim, mother of four, to come to her [SIC] house by offering her a job cleaning his

house, then raped her for hours and told her it was the job interview.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: ... to know that it`s been happening here.

UNIDENTIFIED MALE: Investigators say Giannini got the victim, a mother of four, to come to her [SIC] house by offering her a job cleaning

his house, then raped her for hours, then told her it was the job interview.

According to these court records I uncovered, Giannini forced the victim to swallow urine, feces and blood and bit her so hard that she

started bleeding. The rest of the details too graphic, disturbing and demeaning for TV.

(END VIDEO CLIP)

VELEZ-MITCHELL: And the millionaire and former CEO of a tech company out on bail. Mark Giannini posted bail, despite these very serious

allegations. And Facebook is talking about it.

Dustin says, "He`s out on bond? Oh, wait, he is white and rich. Of course he is."

Sandy says, "He is rich. That poor women will deal with this the rest of her life, and he will get off with a slap on the wrist."

Simone Bienne, in our discussion of this, are we already blaming the victim?

BIENNE: Absolutely. What a surprise. A woman gets blamed.

She cannot be blamed. There is so much evidence supporting, in my opinion, exactly what went on. And we are looking at a humiliation case

here.

She has already been sexual assaulted. We know from medical records that actually she did -- she was sort of appearing drugged. Doctors don`t

lie, according to what I know.

And the one thing that I`ve got to say, Jane -- this stands out to me -- is to do it on the American flag, in my opinion, is saying "up yours" to

the American people, to the American government. This is a guy who thinks he is so untouchable. It`s brazen; it`s depraved. It, in my opinion, is

sick.

VELEZ-MITCHELL: Well, it was, according to these allegations -- and again the man says he`s innocent. And this is a he said/she said to a

large degree. Is that the woman said, you don`t like -- she was saying she wanted to go home. He said, "You don`t like this?" And he said she needed

to be punished more.

So Simone, what does that say about, if it`s true, his mentality? I mean, here`s a guy with who has a lot of time on his hands, possibly. He

sold his company a couple of years ago for a fortune. He`s wealthy. He`s now got these prescription narcotics, which he faced charges on those, as

well. And then he talks about allegedly humiliating this woman.

BIENNE: Yes, so we`re going to the point that he is in the 1 percent of rapists, if these allegation are true, of somebody who is sadistic and

wants to humiliate. The key word there is "punishment." He wants to humiliate. This isn`t just about objectifying; this isn`t just about

power. This is about cruelty and tormented, tormented prolonged torture.

VELEZ-MITCHELL: Well, we`re going to have to see what happens. We`re going to stay on top of this really shocking, shocking story.

Now, stunning new developments surrounding the death of a young woman who was gunned down after she pounded on a stranger`s front door in the

middle of the night, seeking help. Did cops drop the ball in this case?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: To jurors, Ted Wafer`s attorneys are trying to paint Renisha McBride, the 19-year-old he shot and killed at his front

porch, as a young woman who was intoxicated from drinking and high on marijuana that she was aggressively banging on his front and side doors.

And that 55-year-old Wafer thought several people were trying to break in.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

TED WAFER, ON TRIAL FOR RENISHA MCBRIDE`S DEATH: I just shot somebody on my front porch with a shotgun, banging on my door.

UNIDENTIFIED FEMALE: Bang, bang, bang -- side door.

UNIDENTIFIED FEMALE: If one knocks on your door, don`t pick up the shotgun, just dial 911.

UNIDENTIFIED MALE: Investigators say she was shot in the face not at close range.

UNIDENTIFIED FEMALE: His actions that night were unnecessary, unjustified and unreasonable.

(END VIDEO CLIP)

VELEZ-MITCHELL: Tonight the mystery deepens, as shocking new evidence is revealed in the shooting death of 19-year-old Renisha McBride. Jaws

dropped and Renisha`s devastated parents raced out of the courtroom as the prosecution showed photos of Renisha`s bloody and lifeless body to the

jury. Photos so gruesome we cannot show them on television.

The beautiful teenager died on a stranger`s front steps after the homeowner, 55-year-old Ted Wafer, an airport maintenance worker says he was

so scared when Renisha knocked on his door at 4:30 in the morning he had no option but to shoot here with a shotgun to the face.

Just hours ago we heard a different version of events in a police interview conducted right after the shooting. Ted Wafer claims this was an

accident that the gun just discharged.

Listen to this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What happened here?

WAFER: A consistent knocking on the door. And I`m trying to look through the window but every time I looked through the windows and the door

it`s banging somewhere else. So I open up the door, kind of like "who is this".

(inaudible)

WAFER: I don`t get it. Who`s knocking on your door at 4:30 in the morning? Bang, bang, bang, somebody wanting in.

(END VIDEO CLIP)

VELEZ-MITCHELL: So is Wafer flip-flopping?

Straight out to Mo Ivory, attorney and radio personality, you are hearing two different stories. One that he had to shoot in self-defense

and then right after the shooting he says "Well hold on, the gun just discharged. I didn`t know there was a bullet in there."

MO IVORY, ATTORNEY AND RADIO PERSONALITY: Jane -- it makes no sense at all. I mean first I want to say who that is afraid for their life opens

the door when you hear something going on outside? It just makes so sense. He has so many stories that don`t line up. "I shot the gun but I didn`t

know it was loaded?" Well, who shoots an unloaded gun?

Listen he looked through the peephole, hew saw a young black woman, he got afraid. And he opened the door and hew shot her dead. Here we go

again -- an unarmed black teenager shot dead because he was afraid for his life.

VELEZ-MITCHELL: Brian Claypool, criminal defense attorney.

BRIAN CLAYPOOL, CRIMINAL DEFENSE ATTORNEY: Well, Mo, there is only one problem. The law in Michigan is not in this young lady`s favor. The

Castle Doctrine in Michigan, in fact, the law changed a few years ago. The burden is on the prosecution to show that this man did not have a

reasonable fear that there was going to be a serious criminal attack upon him. The burden is on the prosecution, not on him.

So unless this DA can step up and give us some evidence to show that a reasonable person in this man`s shoes at 4:30 in the morning with pounding

on the front door, pounding on the side door would not be in reasonable fear of his life. It`s an uphill battle and you are likely to lose.

IVORY: Sure and listen -- I hear you --

(CROSSTALK)

IVORY: I hear you about that it is the burden on the prosecution. Sure. Normally the burden is on the prosecution to prove it. But you will

have a very strong case in this instance for a man who could have gone and gotten his phone and made a phone call prior to shooting the victim.

Remember, she is a victim. She was shot in her head, in her face. So then after he shot her he managed to find his cell phone to make the phone

call to the police. He could have done that before --

(CROSSTALK)

VELEZ-MITCHELL: Here`s the evidence.

ELIZABETH ESPINOSA, ANCHOR, CNN ESPANOL: Well not just that but keep in mind here that he was --

CLAYPOOL: That`s Monday morning quarterbacking.

VELEZ-MITCHELL: One at a time.

ESPINOSA: But Brian he was in a secure safe place. He didn`t have to open the door.

IVORY: Exactly.

ESPINOSA: If you are really afraid why do you open the door? Why do you expose yourself? So guess what -- you`re right. The burden may be

different in this direction but there it is. He already testified that he opened the door. There it is -- done.

(CROSSTALK)

CLAYPOOL: You can`t Monday morning quarterback this.

SIMON BIENNE, BEHAVIOR EXPERT: At what point is banging on the door a threat? At what point is banging on a door a threat? This guy is really

going to have problems when Halloween comes around quite frankly. Because as far as I can see this girl did nothing wrong and he was merely annoyed

that he was woken up from his beauty sleep.

IVORY: Exactly.

VELEZ-MITCHELL: But there are factors here that have to be considered. The fact that she was intoxicated; she had had a car crash

that involved no other moving vehicle. She crashed her car into a parked car and a tree.

But the interesting thing is well a lot has been made about her being intoxicated. They reportedly did not take a toxicology test on him. Did

they not treat him as a suspect when cops got to the scene? We`re going to debate that on the other side. And if so, why didn`t they?

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Self defense or murder.

WAFER: I just shot somebody on my front porch with a shotgun.

UNIDENTIFIED FEMALE: Theodor Wafer claims self defense but will his statements to police tell a different story?

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

WAFER: It`s a little Mossberg, you know, shotgun -- self-defense.

UNIDENTIFIED MALE: You have your ID with you?

WAFER: Yes, in my pocket.

UNIDENTIFIED MALE: Let me check that real quick -- ok.

WAFER: Just keys.

UNIDENTIFIED MALE: Where`s the gun.

WAFER: It`s on the ground inside the landing right there (inaudible) right down.

(END VIDEO CLIP)

VELEZ-MITCHELL: There is outrage that the cops didn`t arrest Ted Wafer on the spot even though he shot this woman dead -- shot her in the

face. They didn`t take his fingerprints right away. A teenager was on Wafer`s front steps dead from a bullet to the head and cops didn`t really

treat him like a suspect. They didn`t give him a toxicology test.

Ron Scott, spokesman for McBride`s family, there has been a lot made of the fact the she was drunk and had been smoking pot. But we don`t know

what his -- did they not treat him like a suspect in your opinion?

RON SCOTT, SPOKESMAN FOR MCBRIDE`S FAMILY: No they didn`t. In fact, they needed a toxicology report as you said. And I just want so this Jane

-- thank you for getting this out because the family was devastated today. Renisha`s mother fainted and the family is asking for prayers from

everybody around the country.

VELEZ-MITCHELL: Well, I want to go to Oralandar Brand-Williams, you were in court for the "Detroit News". Tell us briefly about the emotional

moment when Renisha McBride`s photos were shown. What did the family do?

ORALANDAR BRAND-WILLIAMS, "DETROIT NEWS": The family left the courtroom en masse and you could hear them crying even inside the

courtroom, they were out in the hall. And you can hear them just moaning. There were a lot of pictures that we had not seen. There were big picture,

very graphic showing the mortal facial wound to Renisha McBride and some other pictures and they took it very, very hard.

VELEZ-MITCHELL: Well, I want to say, my heart goes out to the family. They have lost a child and that is always very difficult. This is a very

graphic case.

We`re going stay on top of it as this trial continues. Remember this is the prosecution`s case.

On the other side we have a surprise for you a big surprise and we`re going to tell you how you can help do something extraordinary. It`s a

tease.

Stay right there.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: The pictures that I`ve taken in the past were more --

(END VIDEO CLIP)

VELEZ-MITCHELL: Hey little Rico, you know Katie Cleary from the CW`s "America`s Next Top Model" and other TV shows. But you may not know she is

a passionate animal lover. And so is her late husband Andrew Stern.

Tonight we`re talking about Katie Cleary`s crusade to help save orangutans in Borneo where their natural habitat is being decimated --

wiped out.

So welcome Katie Cleary. But first, we want to talk to you about this recent tragedy your family had experienced. Katie, your beloved

husband Andrew committed suicide last month. There`s been a lot of the controversy and speculation about his death and I know that you want to set

the record straight.

So Katie welcome tonight -- what would you like to say about that tragedy?

KATIE CLEARY, ANIMAL ACTIVIST: Thank you so much Jane for having me on your show. You are just amazing and the work that you do.

Honestly this tragedy with Andrew has been beyond imaginable. I loved him very much. He was my heart and soul. And the fact that this

happened the way it did is so tragic. And he was a huge animal lover and I wanted to do something to honor his memory.

And so me and my foundation, Peace for Animals decided to purchase a piece of land in Borneo on behalf of him through World Land Trust. And I

think that this is the best way to honor him. It`s something that he had always wanted was, to help the rainforest orangutans.

VELEZ-MITCHELL: Well, that is a great way to honor someone especially someone who cares about animals and the environment. People around the

world are devastated because orangutans are being wiped out in their native habitat.

And Katie just elaborate on what you were just saying you got this certificate for making a donation to purchase land and protect a parcel of

land in the Malaysian, Borneo rainforest in your late husband Andrew`s name. There`s the certificate.

The World Land Trust is an amazing organization. It has a program called "Saving Paradise Acre by Acre". And they just raised over $1.5

million with the help of folks like Katie and many others to help save Bornean orangutans. So if you want to get involved and -- really this

makes me sick, I can`t sleep at night thinking about what`s happening to these animals. Just go to the WorldLandTrust.org and get involved. And

you can buy a little piece of land that can also help them.

And my understanding, Katie, is that the World Land Trust and your organization is involved in this as well, wants to create corridors.

Because there`s a patch of land here that is a habitat, a patch of land here. But because of all the development, they need corridors so they can

go from one wildlife area to the other.

CLEARY: Exactly. So what we`re trying to do is we`re trying to develop a corridor. And basically it`s 90 percent of orangutans have been

wiped off the planet in 100 years and 90 percent of rainforest have been destroyed as a result. So we`re talking about uncontrolled burning. We`re

talking about these animals starving to death. They have no homes left as a result.

And we need to try to save them before it`s too late and save our rain forest. And the way we can do that is if someone does pass, in their

memory, the best way, you know, to honor them, I believe, is purchasing a part of this rainforest.

And it`s not just Borneo, it`s the Amazon. You know, 40,000 orangutans are left and that is it in Borneo. It`s just devastating, the

fact that humans are part of this destruction. And it needs to stop. And there`s many way that we can do that.

Basically just don`t purchase any products containing palm oil. At least 50 percent of all products in grocery stores contain palm oil. It`s

the cheapest oil that you can buy. So a lot of these companies and snack food companies use palm oil as a filler. So if people knew that and looked

on the back of products and really cared, they wouldn`t purchase products containing palm oil and they would alert their grocery stores like Trader

Joe`s, Whole Foods and Ralph`s -- just a couple of the grocery stores we`re going after to get them to stop selling palm oil.

VELEZ-MITCHELL: Well, listen, I learned about this and I actually changed my eating habits as a result of it and began eating much less

processed food in general. Because there are so many products that contain palm oil that are sold not just in the places you mentioned but all over

the place. Everywhere you go, every time you pick up a product.

So I`ve actually in a way, and I think other people can benefit, too, I feel like I`m healthier now. I`m eating fewer processed foods. I`m

eating more just basic like kale and avocado. When I look at a vegetable, I know it doesn`t have palmitate or any of these other ingredients in it

because it`s just a vegetable or a fruit.

CLEARLY: Absolutely.

VELEZ-MITCHELL: So I think that we can wake people up to the fact that look at this logging. Do we really want the only orangutans on the

planet to be in cages? Look at these animals in cages. That`s no life for them. They need their habitat, their natural habitat.

CLEARY: Absolutely.

VELEZ-MITCHELL: Katie?

CLEARY: It`s jail. It`s jail. Having these animals in zoos and captivity, it doesn`t make sense. And it needs to end. The fact that a

size, a parcel of land the size of Greece is completely destroyed each year -- that is just to me 300 football fields of land is basically cleared

every hour. And it`s criminal. And it needs to end.

And another way we can end it is buy recycled paper products in the store. So a lot of -- well, actually a high percentage of paper comes from

the rainforest. It`s mixed with a lot of the trees here in the States. So a lot of people don`t know that. So buying recycled paper products is a

huge help to saving the rainforest as well.

VELEZ-MITCHELL: Well, you know, it`s funny because you could save a lot of money. I just stopped buying paper towels completely. Guess what I

use, what our grandparents used to use -- cloth. Paper towels didn`t always exist. What did people do before paper towels? They used cloth.

That`s what I use.

CLEARLY: Exactly. So do I.

VELEZ-MITCHELL: It saves me a couple of thousand dollars every year. And I`m not contributing to the destruction of this earth. And then for

paper you have to have like toilet paper, use 100 percent recycled toilet paper which is what I use.

CLEARLY: Exactly.

VELEZ-MITCHELL: We`re going to take a short break. People, if you want to get involved we`re going to tell you precisely on the other side of

the break how you can help save these orangutans. And these are our cousins.

Little Rico, I love you, but you`re not a cousin. You`re my son. We`re going to talk about cousins on the other side.

(COMMERCIAL BREAK)

VELEZ-MITCHELL: You know Katie Cleary from shows like "America`s Next Top Model" and a whole variety of TV shows. But you may not know she`s a

passionate animal lover who founded Peace for Animals and World Animal News and is now fighting to save the orangutans that are being decimated for

palm oil production.

Here`s the tricky part. Palm oil is often disguised in the ingredients list. It could be labeled under 30 different names including

vegetable oil, cetyl palmitate, palmate, Sodium Laureth Sulfate and many, many more different ingredients.

We reached out to the Malaysian government. We haven`t heard back. But there`s another thing we can do, we can send a message, and we don`t

want to talk about particular companies, but we could send a message to all companies to do this sustainably. They have to use palm oil to do it

sustainably, Katie.

CLEARY: Absolutely. And that`s the one way we can be able to save our world. As you know, 20 percent of our oxygen comes from the

rainforest, the rest from the ocean. So this is crucial for our survival, not just our survival but the rest of the 8.7 million species which we

share this planet with.

This has been my passion since I was a very young girl and I will continue to fight for not only orangutans but tigers and elephants and

rhinos which are being completely wiped off the planet because of poaching, as you know Jane. So I thank you for all the work you do as well.

(CROSSTALK)

VELEZ-MITCHELL: We`re out of time and I want to thank you, Katie Cleary. I think this kind of work is a great way to memorialize your late

husband. And I`m sorry for your loss.

CLEARY: Thank you.

VELEZ-MITCHELL: And I`m so glad that you`re helping the animals. Right, Rico?

Nancy`s next.

CLEARY: Thank you, Jane. You`re an angel.

END