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Jane Velez-Mitchell

Mom Accused of Killing Toddler, Cutting Teen; Ted Wafer Murder Trial; Fire Challenge: Dangerous New Trend

Aired August 04, 2014 - 19:00   ET

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

UNIDENTIFIED MALE: Never had a case where the small things mattered so much. Where something as small as a needle mark and DNA left on a needle

cap played such a pivotal role in the resolution of a case.

JANE VELEZ-MITCHELL, HOST: Tonight, breaking news as a woman at the center of a massive man hunt is captured and hauled moments ago in front of a

judge. Cops say this woman, Jessica Smith, murdered her precious 2-year- old daughter, Isabella, and tried to slaughter and slice up her 13-year-old daughter, Alana, in a vicious and bloody hotel room attack. And now, we`re

learning the horrifying back story. Was this a revenge killing during a bitter divorce and custody battle. and were the girls` father`s pleas that

he was afraid something terrible might happen totally ignored?

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

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: A murder investigation.

UNIDENTIFIED MALE: Armed and dangerous and believe she killed her 2-year- old daughter. Jessica Smith checked in with her two girls.

UNIDENTIFIED MALE: She was in the room.

UNIDENTIFIED MALE: They issued an arrest warrant for her, but they have no idea where she is. Her 2-year-old is dead. Her 13-year-old daughter might

have been dead, too.

UNIDENTIFIED FEMALE: We are saddened by their loss.

UNIDENTIFIED MALE: The arrest of Jessica Smith for the aggravated murder of her two 2-year-old daughter, Isabella.

UNIDENTIFIED MALE: A gruesome crime interrupting 50 years of peace.

(END VIDEOTAPE)

VELEZ-MITCHELL: Forty-year-old Jessica Smith now charged with aggravated murder and attempted aggravated murder.

Cops say last Wednesday, Jessica loaded up her two daughters, ages 2 and 13, into her Suburban and drove 200 miles, stopping (ph) from Washington

state to Oregon and getting a room at a tony resort in Cannon Beach.

Two days later, a housekeeper comes into the room to clean up and finds a complete blood bath. Blood everywhere. Two-year-old Isabella was dead.

Thirteen-year-old Alana was pouring blood from her stab wounds. The mom, nowhere to be found, so cops launch a massive man hunt for Jessica Smith.

And get this: She was arrested just last night on a logging road about 15 miles away from that hotel crime scene.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The Cannon Beach Police Department and Clatsop County major crime teams have arrested Jessica Smith for the aggravated murder of

her 2-year-old daughter, Isabella, and the attempted aggravated murder of her 13-year-old daughter, Alana. She was spotted by U.S. Coast Guard

sector Columbia River doing a grid search at our request at approximately 5:30 p.m.

(END VIDEO CLIP)

VELEZ-MITCHELL: Tonight, we`re learning her husband of 18 years had recently filed for divorce and wanted visitation time with their daughters.

So we`re asking you: did Jessica snap?

Cops say she attacked her kids on the very day she was supposed to hand them over to her estranged husband for his very first visitation.

Coincidence, revenge or is she totally innocent? Could somebody else have done it? Call me: 1-877-JVM-SAYS, 1-877-586-7297. And you can also join

the conversation by going to my Jane Velez-Mitchell Facebook page.

Our amazing panel ready to debate and I know Randy Kessler, author of "Divorce: Protect Yourself, Your kids and Your Family," you are a family

law attorney. You have studied these divorce documents. What do they tell you vis-a-vis this horror that has happened to these kids?

RANDY KESSLER, AUTHOR, "DIVORCE": Well, you know, it is a horror, Jane, because this is not the worst case we`ve seen. She actually was granted

temporary custody. She had the right to take care of these kids. It was only when he asked for a psychological evaluation, time with the children,

that she snapped.

It`s too bad. She was going in the right direction. She had the right to raise these children. She had been raising them. She`d been turning them

against their dad, but all of a sudden, the world was unraveling. Dad was going to get to the bottom of it. The court ordered her to undergo a

psychological evaluation. The judge ordered that she turn the children over for some custody and some parenting time.

And she saw the end coming, because she was going to be found out. That likely would happen. She was going to be found out she`s not the stable

person that she thought she was and that she told her children she was. She was poisoning these children against their father. Apparently, they

didn`t see their father for a long time. They said bad things. The 13- year-old apparently left a message...

VELEZ-MITCHELL: Let me get to that, if I can, because you`re raising a very important point, Randy, and again, these court documents that we`ve

been studying reveal the husband was very worried and wanted a psychological evaluation of his wife, who is now accused of murder and

attempted murder involving their kids. He believed she was trying to manipulate their oldest daughter into hating him. He says he got a quote,

"barrage of text messages" and a very troubling voice mail from his 13- year-old daughter. Listen, as read by one of our producers.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I`m so sick, I can hardly talk. I can`t sleep very well because I`m tormented by the thought of you in our lives. It`s

terrifying. And cruel of you not to respect us.

(END VIDEO CLIP)

VELEZ-MITCHELL: Straight out to the Lion`s Den. Want to go to Ana Quincoces, star of "Real Housewives of Miami."

You know about battles between men and women, and there`s no battle more bitter than divorce.

The dad wrote in the documents that that voice mail you just heard -- and we`re going to show you video of these -- of this woman who was arraigned

moments ago, as we speak about this. That voice mail sounded like something the girl`s mother, this woman, had scripted and told her daughter

to read. If true, what does that tell you about the level of venom this woman had for her ex?

ANA QUINCOCES, "REAL HOUSEWIVES OF MIAMI": Well, you know, hell hath no fury, right? But you know, I -- I do think that there could have been some

revenge involved, but you know, there may be a bit of mental illness involved here, too. I mean, why was the other daughter bloody? We don`t

know this. Could she have been trying to stop her mother from giving the younger little girl some toxic substance? I mean, there could be a

Munchausen situation here in order to get the, you know, the husband to feel sorry for her and maybe the husband come back to her.

I definitely think it has everything to do with divorce. And yes, revenge, you know, these crimes of passion, revenge is a very possible scenario in

this case.

VELEZ-MITCHELL: Brian Claypool.

QUINCOCES: I`d be interested in knowing why the older daughter got all bloodied up and why there were no signs of anything with the little one.

Definitely was a...

VELEZ-MITCHELL: Well, some might say maybe she suffocated the child, the 2-year-old, because there was no sign of injury, and then maybe the 13-

year-old heroically tried to stop her and got slashed in the process. I don`t know.

Brian Claypool, criminal defense attorney, you know, people are saying this is basically an open and shut case. On the very day that this woman is

supposed to hand over these two kids to her estranged husband for his very first visitation, the housekeeper walks into the hotel room that she had

absconded to with these kids and finds a bloody, bloody scene of carnage. The 2-year-old dead and the 13-year-old badly injured. It seems like an

obvious cause and effect. What say you?

BRIAN CLAYPOOL, CRIMINAL DEFENSE ATTORNEY: Not at all, Jane. I think we`re rushing to judgment again. Let me tell you why.

If she`s angry at anybody, she`d be angry at her ex-husband to be, not the kids. There`s no prior history of her having difficulty with her kids or

carrying any physical acts against her kids. So that`s the first reason why I have suspicion whether she murdered these kids.

The second big reason why is we don`t even know the cause of death yet for the 2-year-old. There`s no physical manifestation of somebody physically

harming her.

Is it possible, Jane, that maybe this woman drove away for a time-out, left her 13-year-old to babysit the 2-year-old, and then something tragic

happened with somebody else being the intruder?

So, I think we need to be very careful about rushing to judgment.

VELEZ-MITCHELL: Eboni K. Williams, does that sounds like -- by the way, this is new video and photos that we`re just getting in of the mother at

the arraignment. I want to show it again. Let`s go back to that photo, because we just got that in moments ago. We`ve been waiting for this all

day. There she is, just minutes ago at the arraignment.

This is the woman who is accused of killing, murdering her 2-year-old daughter, Isabella, and slashing -- slashing -- her 13-year-old daughter to

the point that she was hospitalized and there was blood all over this room. Thank God that little girl`s going to survive.

Eboni K., do you agree with Brian Claypool that maybe she`s falsely accused: she went out for a walk on the beach, and some stranger came in

and attacked these kids?

EBONI K. WILLIAMS, ATTORNEY: Everything he said, Jane, is possible, but let`s also remember that this woman has now been arrested, Jane, and police

don`t issue arrest affidavits without at least probable cause, so there is something out there, some fact that maybe we as the public, it`s too early

for us to know. I certainly believe that the 13-year-old surviving daughter -- thank God she survived -- I think she gave police ample

evidence and testimonial facts that led them to be able to have enough to go before a judge and actually gain an arrest warrant, because that`s not

just out of thin air, Jane. There has to be some factual evidence for them to point to in order to even get to the point of arrest. So certainly,

there is something there.

VELEZ-MITCHELL: Obviously, the 13-year-old who survived was able to tell cops whether or not a stranger came into their hotel room and attacked them

or whether their own mother attacked them.

Dr. Judy Ho, clinical psychologist, this all boils down to, as Ana Quincoces said, hell hath no fury like a woman scorned. She was supposed

to hand the kids over to her husband, who had walked out on her; who had said, "You know what? I don`t want to be married anymore. I had coffee

with a woman. I`m going to pursue that relationship." Moved out of the house and then filed for divorce, which is his right as an American to do,

as a human being to do, and she, according to all the documents, really couldn`t handle it.

And now the youngest kid is dead, and the 13-year-old is seriously injured. Is there a cause and effect in your mind?

DR. JUDY HO, CLINICAL PSYCHOLOGIST: Absolutely, Jane, and the problem here is that we know mothers who kill their children tend to have a couple of

reasons for it.

The most common reason is that they actually think that they`re benefitting that child in some way, helping that child somehow by killing them.

Obviously, these moms are deluded.

But the second most common reason, from research, is when there is a divorce and there`s a huge stressor in the family; and the mother`s decided

to take it out on the children.

And it`s not that far of a stretch, right, Jane, because these kids represent her union to her ex-husband, and so when she looks at him, she`s

going to see her ex-husband. And there`s been mothers all over the place that will take things out on their children, maybe just by physical abuse.

But she took it way too far into a murder.

VELEZ-MITCHELL: We`ve got a Facebook caller [SIC] who makes a very good point: this woman is smiling. Listen to this. Rachel: "This woman looks

very happy with herself, considering what she has done."

Let`s go back to the picture of her mug shot. You can see that it appears -- and I didn`t even pick up on this until this Facebook comment -- that

she`s smiling. Look at -- no, that`s, I think, an old photo. I don`t think that`s a mug shot. Let`s go to the mug shot.

There`s the mug shot. Am I crazy or is she smiling? And I`ll throw that to Ana Quincoces of "Real Housewives of Miami."

QUINCOCES: I think that, yes, I do think that there`s a little bit of a smirk on her face like the cat who swallowed the canary. I disagree with -

- I assume he`s a defense attorney. And I understand that everybody has a right to, you know, to be presumed innocent, but in this case, there is

nothing that she could have done herself to hurt the husband, because the husband no longer cared about her. So she had to hurt something that the

husband cared about; in this case, the children. They were the perfect target.

VELEZ-MITCHELL: Let`s go to Ryan, Indiana. Ryan, Indiana, what do you think?

Hey, Ryan, you there?

CALLER: Yes, I`m here, Jane.

VELEZ-MITCHELL: What do you think?

CALLER: Yes, I wanted to ask a question. Do you know why Jessica filed a restraining order against Greg, by chance?

VELEZ-MITCHELL: Yes, she attempted to file a restraining order against him, but he actually won a restraining order against her, to try to prevent

her from taking off with the kids. And the restraining order essentially said this woman cannot just take the two kids and take off into the wild

blue yonder and leave the husband, the estranged husband, soon to be divorced ex, without these kids.

So, she had crossed state lines into Oregon at the very moment she was supposed to hand them over for their first visitation.

Now, on the other side of the break, we`re going to talk about growing controversy, given that these battles have been going on for months, given

that the husband was going to court and complaining in front of a judge, "I`m worried. I don`t know what she`s going to do." Did the courts, Child

Protective Services, the police and everybody else in power drop the ball? Could these deaths, the death of the child and the serious injury of the

older child, been prevented? We`ll debate it on the other side. Give me a call.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Greg Smith was seeking shared custody of their two kids, and the day they were found in their bloody Cannon Beach hotel room,

Jessica Smith was supposed to turn the girls over to their father for visitation. As of Saturday night, Jessica Smith was the lone suspect in

what had become a murder investigation.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Well, she`s always been a person of interest. I mean, she`s still a person of interest for us at this time. The Cannon Beach

Police Department and Clatsop County major crimes teams have arrested Jessica Smith for the aggravated murder of her 2-year-old daughter,

Isabella, and the attempted aggravated murder of her 13-year-old daughter, Alana.

(END VIDEO CLIP)

VELEZ-MITCHELL: Some say there were plenty of warning signs that Jessica was an unfit parent and desperately needed professional help.

After they decided -- well, he filed for divorce. She didn`t apparently want a divorce, but then the court proceedings start. She misses a June 23

court date. The judge then, in response, orders a psychological evaluation and grants her estranged husband, Greg Smith, visitation with his daughters

on Fridays.

Greg told the judge he was very worried about after getting erratic messages from his wife and also feared that Jessica suffered from

posttraumatic stress disorder because she was abused early in her life.

So, let me go out to the Lion`s Den. Dr. Judy Ho, clinical psychologist, did this judge, did the powers that be miss critical warning signs? OK?

She`s allegedly forcing her kids to leave nasty messages for their dad. She misses -- first postpones and then misses a court date. She has been

threatening to take off with the kids.

Why not crack down and immediately call in Child Protective Services and remove these kids from her care? If they had done that, these kids, one

wouldn`t be dead and another on wouldn`t be slashed to pieces in a hospital.

HO: That`s right, Jane. And we have a lot of problems with our Child Protective Services system anyway, because they`re overburdened. But to

take the focus off of that, I think the ex-husband was on to something that his ex-wife was ill.

But posttraumatic stress disorder does not make you do some of the things that this woman did, like force her children to send inappropriate messages

to the dad and act erratically, even delusionally. You know, there must have been something else going on in the picture, whether it`s a psychotic

process or even a deeper personality disorder. The psychological evaluation that was ordered was absolutely needed in this case.

VELEZ-MITCHELL: I think...

WILLIAMS: But, Jane, also, let me...

VELEZ-MITCHELL: Go ahead.

CLAYPOOL: Jane.

WILLIAMS: Jane ...

VELEZ-MITCHELL: Go ahead.

WILLIAMS: Jane, if I may make this point, I started my career in family law, Jane. And unfortunately, we oftentimes see in the middle of these

nasty divorces and just basic custody disputes, this type of back and forth. The mother files a restraining order; the father files one in

return. Somebody says somebody needs a psych evaluation. The other party says the same thing. And many times, there`s no merit to it, Jane.

So no, that doesn`t excuse what happened in this case, but unfortunately from a judge`s perspective, they get so used to seeing this type of back

and forth, many times they don`t know the reality from what could be farce.

VELEZ-MITCHELL: Or we have reactive justice. We wait until -- we wait until the situation becomes murderous, and then we do something, Brian.

CLAYPOOL: Jane, I have a real problem with everybody jumping in on a failed -- on a failed marriage. This petition for dissolution of marriage

is no different than thousands of petitions that are filed daily. There`s nothing unusual about this petition for dissolution.

For example, she was the custodial parent, and what he was trying to do, he wasn`t trying to remove her as custodial parent. He was just trying to get

a little bit of visitation, so this wouldn`t prompt her to kill her kids.

This is really, I think again, a rush to blame her. Could something -- this is supported. And also, let`s get back to an issue that everybody`s

avoided. What about this little girl? We don`t even know how she died. Has anybody investigated whether she had any prior medical conditions?

Whether there was any...

WILLIAMS: Well, we know it`s a homicide.

(CROSSTALK)

VELEZ-MITCHELL: Her sister is slashed. I mean, yes, it`s a homicide.

CLAYPOOL: There`s no cause of death. There`s no -- Jane, if she suffocated a child, asphyxiation would be cause of death in the autopsy

report. It wasn`t there.

KESSLER: Jane, I want to...

VELEZ-MITCHELL: They`re awaiting the toxicology reports. Randy Kessler, then we`re going to go to a reporter who`s in Oregon right now.

KESSLER: We cannot -- we cannot blame this judge. We should credit this judge. He did the right thing. He ordered an evaluation. It was too

little too late, but the kids were not objectively being harmed. There was no blood; there was no investigation. So the judge said, "Let`s open the

door; let`s see what`s going on." Had they be able to do their job, they would have caught this. Unfortunately, mom was deeply ill.

VELEZ-MITCHELL: Let me say this: there`s no blood. You don`t want to wait until there`s blood. You want to -- we have a reactive criminal justice

system.

KESSLER: We do.

VELEZ-MITCHELL: We wait until the you know what hits the fan and then, oh, money`s no object. You know, caution to the winds. Spend thousands, maybe

millions on a massive man hunt looking for this woman. When what they could have done was said, "You missed a court date, and I`m issuing a

warrant for your arrest, lady. And we`re going to haul you in now because you were supposed to be in court and you didn`t show up." That is the

appropriate response. I`m sorry.

When a woman who`s having a nasty court battle and who has the kids fails to show up in court and she`s behaved erratically, and the father believes

that she`s forcing the kids to send nasty messages to him, that`s enough to say, "You show up in court or you`re going into the clink."

QUINCOCES: Well, unfortunately, Jane, that happens all the time.

(CROSSTALK)

VELEZ-MITCHELL: Hold on. One at a time.

UNIDENTIFIED FEMALE: Jane...

VELEZ-MITCHELL: Go ahead.

QUINCOCES: Jane, unfortunately, if -- if we were to go to Children and Family Services every time a husband says, "My ex-wife or my soon to be ex-

wife is nuts," you know, we just don`t have the time to do that kind of thing in our system. Or even arrest somebody that`s...

WILLIAMS: And one missed court date, Jane, one missed court date tends to be forgiven. Now, once it becomes a habit, Jane, you`re absolutely right.

After that first absconding, absolutely handcuffs should go on.

VELEZ-MITCHELL: On the other side, we`re going to get a live report from a reporter who was in the court proceedings that ended moments ago, but let

me say this: oh, we have time to now have a very expensive murder trial? You know how much that`s going to cost taxpayers? If we can spend money on

that, we can spend it on making sure that people show up in court or they`re held accountable, because if they had held her accountable when she

missed that court date, there are those who believe, and I think the prosecutors believe this child would be alive today, this 2-year-old girl.

We`re just getting started on this.

Later, why are teens going to such crazy, dangerous lengths, setting themselves on fire? Yes, it has happened again. Just to become famous on

social media? Well, now, a teenager who did set himself on fire is speaking out, going on camera to warn others about how much he suffered and

why they should not take the fire challenge. Stay right here. That`s coming up in a second.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: It`s a close knit community in Cannon Beach, and we love and cherish our children. And we just want to family to know that we

are saddened by their loss and the pain that was caused in this incident today, and we want to know that people here care.

VELEZ-MITCHELL: Forty-year-old Jessica Smith, the mother of two young children, now accused of murdering the 2-year-old and trying to kill the

13-year-old, who is recuperating in a hospital, expected to live after being slashed.

Let`s go straight out to Jamie Wilson, a reporter who is in court in Oregon. It just ended moments ago. What can you tell us about this

allegedly murderous mom`s affect?

JAMIE WILSON, REPORTER (via phone): Well, hi, Jane. Thanks for having me here at the Clatsop County Courthouse in Astoria, Oregon.

Yes, just a short time ago, Jessica Smith was arraigned on charges of aggravated murder and attempted aggravated murder. And she was just

arrested around 5:30 last night, so she was at the end of the docket this afternoon, and all these people today appeared in court via video feed from

jail.

And so, she came up to the camera the very last moment, and she sat down. And right away, we all noticed that she appeared sleepy, lethargic, seemed

to be disconnected. Just kind of a blank look on her face. It`s hard to - - hard to know if that`s fatigue or shock, but she clearly seemed to be disconnected from what was happening.

She had a lawyer in court today, representing her, who kind of made an odd request in front of the judge and also according to the D.A. He asked that

the grand jury that will convene later this week to possibly hand down an indictment in this case, he asked that they not be able to request any

medical records related to her mental health or physical health in the past. So, that is a strange request, according to the D.A.

VELEZ-MITCHELL: Well, I don`t think it`s that strange because the husband in court documents, Dr. Judy Ho, made reference to her possibly having PTSD

from abuse that she had suffered much earlier in life. So that`s probably the real back story. The nasty divorce is the surface, but underneath that

is a woman who may have a lot of troubles, to wit, I think it`s true. She looks like she`s kind of smiling in that mug shot.

HO: That`s right, which is why I was suspecting there was something even more serious going on than PTSD, Jane; that perhaps she has some kind of

deep underlying personality disorder that would have caused her to have inappropriate affects and emotion in situations as serious as this.

And imagine the husband being married to somebody who possibly had untreated or not very well-treated mental illness all of these years. As

you just mentioned, Jane, this could just be the backdrop to everything that`s really underneath.

(CROSSTALK)

VELEZ-MITCHELL: And ultimately he decides he wants to get away and then guess what happens? Wow. My heart goes out to him. Got to go to Evelyn,

Michigan -- you`ve been hanging on a while. What do you have to say -- Evelyn, Michigan?

EVELYN, MICHIGAN (via telephone): Well, I get angry when I see these people killing their children. I have had seven miscarriages. I`ve got

two living children. We forget, our children aren`t ours; they`re God`s. And they`re a gift from God for us to take care of until it`s time for them

to go home. When he decides, not when these mothers and fathers decide it`s time for them to die.

VELEZ-MITCHELL: I sense your passion and I know what you`re saying. Children should never be used as a pawn in a battle between adults, ever

for any reason. They are not commodities to be traded or to be hoarded. They are to be cherished.

We`ve got to move on.

Next, the man accused of opening fire and killing an innocent unarmed teenager by shooting her in the face on his front porch just took the

stand. This is a case that`s been compared to the Trayvon Martin-George Zimmerman case. And now, this man has taken the stand and tried to explain

that he was terrified the night he shot 19-year-old Renisha McBride in the face. Do you buy it?

Hear his testimony right on the other side.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: This is so devastating. This poor girl -- she had her whole life in front of her.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

TED WAFER, ON TRIAL FOR KILLING RENISHA MCBRIDE: I raised the gun and shot.

UNIDENTIFIED FEMALE: Shot in the face fewer than three feet from the end of the barrel of this 12-gauge shotgun.

She was banging violently on his door in the middle of the night and that he was afraid for his life.

WAFER: Each time, it`s getting more violent. It`s escalating.

UNIDENTIFIED FEMALE: The gun had to be pointed, the trigger had to be pulled.

WAFER: I thought they were going to come through and I was not going to cower.

(END VIDEO CLIP)

VELEZ-MITCHELL: Tonight, a stunning turn of events in a high profile murder case some have compared to the George Zimmerman trial. The man

accused of murdering 19-year-old Renisha McBride takes the stand, right there in his own defense. Just moments ago, a weepy Ted Wafer testified

before the jury about the night he shot Renisha McBride in the face, killing her. He described his alleged fear as he crept around alone inside

his house listening to repeated and attempted (ph) banging on his front and side doors at about 4:30 in the morning.

(BEGIN VIDEO CLIP)

WAFER: It`s getting more violent, it`s escalating.

UNIDENTIFIED FEMALE: You think at this moment, they wanted to hurt you?

WAFER: Yes.

UNIDENTIFIED FEMALE: Did you think they were about to get in your house?

WAFER: Yes. The side door -- getting attacked, I could feel the floor vibrating, windows were rattling. I`m frozen -- frozen in the kitchen. I

don`t know what`s happening -- scared.

UNIDENTIFIED FEMALE: Have you ever felt this scared in your life?

WAFER: No.

(END VIDEO CLIP)

VELEZ-MITCHELL: Cops believe an injured Renisha went to Wafer`s house after she crashed her car. Her family and prosecutors admit she was

extremely intoxicated at the time of being shot, but say loud banging on somebody`s door is no reason to blow their head off.

Also in court today, we see for the very first time video of Ted Wafer being grilled by the cops right after the shooting. Will the prosecutor

trap him by showing inconsistencies between what he originally told cops in these interrogation tapes and what he`s saying now on the witness stand?

We are going to go out to the "Lion`s Den", but first to Oralandar Brand- Williams, reporter, "Detroit News". You were in court today. I was watching all this testimony and I could barely hear him talking. He is

speaking in such a low voice. Did anybody else comment on that? I mean it was almost like it was beyond a Clint Eastwood, you know, "make my day"

kind of low voice. It was really kind of a whisper. Is that his normal way of speaking or was it part of maybe the defense technique to increase

the sense of his fear?

ORALANDAR BRAND-WILLIAMS, REPORTER, "DETROIT NEWS": Well Jane, except for one quick interview I had with him last year right after this happened,

we`ve never heard him speak before. And actually, we didn`t have any problems hearing. His volume looked pretty good because people with a

riveting testimony and the courtroom was very, very still, so everyone could really make out. It was a two-hour long testimony followed by that

40-minute interrogation video. And tomorrow, he`s expected to get back on the stand where he will be cross-examined by the prosecutor.

(CROSSTALK)

VELEZ-MITCHELL: Was the family of Renisha McBride in the courtroom and did they have any reaction to this testimony itself?

BRAND-WILLIAMS: You know there were some family members still left. Her dad was there, Walter Simmons was still in the courtroom. I could hear a

few rows ahead of me some people saying they thought it was an act. They didn`t believe the emotions that were coming from Mr. Wafer.

VELEZ-MITCHELL: All right. You make a very good point. Let`s -- stand by if you will -- right after Ted Wafer, a 55-year-old airport maintenance

worker testified in his own defense, the jury watched his interrogation tape from when he was just arrested.

Listen carefully to what he says to police and see if you pick up any contradictions or alleged contradictions.

(BEGIN VIDEO CLIP)

WAFER: Now I`m mad. I`m going to find out what is going on. I think I even said but I`m not sure what I said because I`m piss and vinegar now and

it discharged.

(END VIDEO CLIP)

VELEZ-MITCHELL: Eboni K. Williams, on the stand he says nobody said anything before the gun went off. In the interrogation tape, he says he

thinks he said something. On the witness stand, he says he`s terrified scared but didn`t want to be a victim in his own house. On the tape, he

says he`s mad and filled with piss and vinegar. Are those contradictions that the prosecution could (AUDIO GAP)?

WILLIAMS: Those are huge contradictions Jane. Look, we`ll be seeing the defense really playing to the homeowners on this jury. Do you see them

talking about this kind of Castle Doctrine in a literal sense. This no duty to retreat, this thing that says that you don`t have to be a victim in

your own home and this guy wasn`t going to cower, that he was going to stand up for his rights.

But the other part of self-defense, Jane, and this is what they`re now harping on is the reasonableness of the defendant`s actions. Was it fair,

reasonable and justified to shoot and kill this 19-year-old girl after another thing, Jane, that they didn`t harp on and I expect to be harped on

in cross-examination, this gentleman was also drinking on the night of this crime -- this alleged crime. He had three beers, as well, so Renisha was

not the only one impaired.

VELEZ-MITCHELL: Well, Brian Claypool, criminal defense attorney, it`s interesting cops never asked him if he had anything to drink. That was

established on the witness stand, but boy, has everybody made a whole lot over the fact that the woman who was shot in the face was intoxicated.

CLAYPOOL: Well, Jane, I think the bigger issue here is did he have a reasonable and honest fear for his life. And I think the testimony that

he`s given on the stand supports his cause in getting acquitted in this case.

And I think the prosecution is in a heap of trouble for the following three reasons. Here are three facts that I saw to support his case the most.

The first one is when he opens the door he doesn`t see Renisha right straight ahead. He sees her coming from the side. So, that`s going to

escalate his fear.

The second one is the ballistics expert says that she`s about a foot from him when he shoots. That means he`s going to be in more reasonable fear

because she`s closer to him and can harm him.

And I think the most powerful fact that`s going to help him is he`s never said that she said anything. Had he opened the door and she cries out,

"Hey, help me, mister, I`m in harm," then he might go down for murder. But the fact that she doesn`t say anything --

VELEZ-MITCHELL: Well, according to him. The only people who were there were him and the woman who is now dead because he shot her in the face and

that`s not contested.

Let`s go out to the phone lines. Diana, Florida, what do you have to say?

DIANA, FLORIDA (via telephone): Hi, Jane, I love your show.

VELEZ-MITCHELL: Thanks.

DIANA: And this case reminds me of an incident that actually I was involved in. It was morning, 5:00 a.m. a neighbor in her underwear is

screaming bloody murder, help, he`s trying to kill me, knocking on her door and I`m shouting at my husband, don`t answer the door. Call the police.

Because we did not know what was going on.

Now, I don`t know why this gentleman did not do the same. Call the police. Say there`s some situation going on outside. I am afraid --

(CROSSTALK)

VELEZ-MITCHELL: Yes, Diana, we`ve got to go, but you`re making an excellent point. He claims he doesn`t have a hard line phone and he couldn`t find

his cell phone. It was only after shooting that he discovered his cell phone in his pants pocket. We`re going to stay on top of that one.

Wow, he`s back again. Teens setting themselves on fire. This is one of the sickest, craziest, social media trends I`ve seen. Now, one teenager

after being badly injured is speaking out saying stop, don`t do this, please. We`ll hear from him on the other side.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Everyone who`s done it knows it`s dangerous. I mean, just by thinking about it, you`re being caught on fire and being burnt

alive is one of the worst things that could happen to anybody because it`s just the worst way to die. And I experienced it firsthand. And I can say

it`s not fun.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Are you ready? Yes. (EXPLETIVE DELETED).

(END VIDEO CLIP)

VELEZ-MITCHELL: Unbelievable and it`s happened yet again. That crazy video you just saw and the one you`re seeing now from YouTube both filmed

for what teens are calling "The Fire Challenge". Teenagers (inaudible) across the country lighting themselves on fire, videotaping it, posting it

on the Internet. And now a 16-year-old California boy who suffered severe burns while doing the Fire Challenge last Friday is speaking out about his

horrifying experience. Listen.

(BEGIN VIDEO CLIP)

FERNANDO VALENCIA, TRIED THE FIRE CHALLENGE: I poured nail polish remover like from my chest down. I had mesh shorts. I was in the bathtub. I lit

it and just caught into a blue flame like just very fast. I tried getting in the water, just made it worse. I just stayed down on my knees until it

basically stopped burning.

It hurt. And then -- it just hurt. I sort of cried because I was being burned alive. It`s one of the worst things you can imagine. And the

screams were just horrific. My brothers were scared. But it`s my fault. I can`t really say nothing else besides it was a dumb idea.

(END VIDEO CLIP)

VELEZ-MITCHELL: Yes, you`re right Fernando -- dumb idea. He sustained very severe burns but he`s lucky. A 15-year-old New York state boy died

after taking the fire challenge. Fernando lived to realize this is a bad idea, a dumb idea and he`s now showing off some of his injuries to warn

people do not do this. Do not do what I did.

(BEGIN VIDEO CLIP)

VALENCIA: I just got out of the hospital last night. And it was bad. Really bad, man. I can`t sleep. I burnt my neck, part of my arm and my

side a little bit. Don`t burn yourself. The fire challenge is stupid. Do something else. I regret that.

(END VIDEO CLIP)

VELEZ-MITCHELL: Dr. Judy Ho, we need a clinical psychologist. These kids are literally lighting themselves on fire -- for what? Some people are

calling it a virtual hazing ritual.

HO: Well, Jane unfortunately now our Internet and even reality television for some people can create these opportunities where they want to get known

really fast. And it`s a really easy way to get yourself known by thousands, even tens of thousands of people.

Unfortunately what happens, with especially teenagers is that their brains and their young minds. They just want to belong so much and they want to

be popular. They are much more prone to group think than even adults.

And even adults are prone to group think as well. So if they see somebody else do it they`re going to do it as well. And when they see other people

not get hurt, they think they won`t get hurt either because when we were young, we all thought we were somewhat invincible. It`s only when you get

to be an adult and you have more experience that you realize some things are not safe. They are not thinking about that. Their brains are not

developed.

VELEZ-MITCHELL: Well, let me say this. These kids clearly are doing this without their parents` permission.

HO: Right.

VELEZ-MITCHELL: Parents have no idea this is going on but often in the parents` home. Listen to what one mother said after her son was rushed to

the hospital after doing the fire challenge.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: It`s not fun. It`s not funny. It`s not cute. I don`t understand why they would want to do it. And now he`s having second-

degree burns and he`s in pain.

(END VIDEO CLIP)

VELEZ-MITCHELL: All right. Watch this once again from YouTube. We`re going to show you the fire challenge. Not only could these kids die, but,

they could also be charged with arson, Eboni K. Williams, attorney. And that carries a penalty of up to life behind bars.

E. WILLIAMS: Absolutely Jane, you don`t have to intend the consequences to be convicted as long as you intended the action. Look, if one of these

fire challenges goes wrong and leads to the house burning down, Jane, you`re absolutely right. They could be prosecuted to the fullest extent

for intentional arson. Even though they didn`t mean to burn their house down they did mean to set that fire.

Look this is the saddest stupidest publicity stunt Jane, I`ve ever seen. These young kids need some help. And I certainly hope, we all know that

bad news spreads fast. I hope good news spreads fast. And this young man who has now come out against this after suffering those second and third

degree burns, I hope people take heed to it -- Jane.

VELEZ-MITCHELL: On the other side of the break. I want to hear from you. I want to hear from you on Facebook. Josephine says "Hopefully he`s

learned something because now he has to live with those scars for the rest of his life." Burn injuries are some of the most painful injuries. The

skin grafting is horrible. The recuperation is long and arduous. This is not cool.

More on the other side. What do you think?

(COMMERCIAL BREAK)

VALENCIA: I saw it on the Internet. Since I saw other people fail, I thought I could do the same thing but actually last longer under the flame.

I knew that they got burns. I just thought they were -- since they were flash burns, nothing -- it was just going to be like a rash or just really

red. I didn`t think it would be like second-degree burns all the way up to third.

(END VIDEO CLIP)

VELEZ-MITCHELL: That`s 16-year-old Fernando Valencia admitting that he did something dumb and then speaking out to warn kids, don`t do this. You`re

looking at more clips from YouTube.

Ana Quincoces, star of "Real Housewives of Miami", you are a mom, how on earth can parents -- what would you say to your kids to try to warn them,

do not do this?

QUINCOCES: You know, I see two main problems here, Jane. I am helicopter mom on steroids. And I believe it`s my duty to stalk my children`s social

media pages, and I have. I`ve created fake Facebook profiles and back then when they had MySpace, I did that.

I think that if your child has a propensity to do something like this you`re going to know about it by looking into the kind of things they are

posting, the kind of things that they are interested in. In addition to that, this is the draw back of social media. If Facebook and YouTube do

not allow nudity or pornography, they take it down. Take this kind of stuff down. It is self-perpetuating.

VELEZ-MITCHELL: Well, let me say this, they are taking it down -- Facebook is taking it down as fast as they can. But tens of thousands of them keep

popping up. So they are basically fighting a wildfire of these videos.

Let`s go out to the phone lines. Angela, Wisconsin, what do you think?

ANGELA, WISCONSIN: Yes, I think a lot of this blame is shows like "Jackass" on MTV. Also monitoring your children and your teens, I mean it

doesn`t take common sense to know not to set yourself on fire, videotape it and then something as serious that happens, like you said one teen had

died.

VELEZ-MITCHELL: Well, let me say this, Angela. I think another warning that has to go out is the kids videotaping their friends doing this. You

are looking at the kids, but then the ones who are videotaping get in trouble, too. Warning.

Nancy up next.

END