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Nancy Grace

Dyleski Faces Murder I Charges; Libby Indicted

Aired October 28, 2005 - 20:00   ET


NANCY GRACE, HOST: A courtroom smackdown in California. Sixteen- year-old Scott Dyleski now facing formal charges of murder one in the bludgeoning death of Pamela Vitale, wife of California defense lawyer, Daniel Horowitz and breaking news tonight. Prosecutors drop charges against Dyleski`s mother after she agrees to testify against her son.
But tonight, the judge is bringing down the hammer on California lawyer Gloria Allred. Plus more breaking news and arrests in the case of a missing California woman we profiled for you.

Good evening everybody, I`m Nancy Grace. I want to thank you for being with us tonight. Breaking news out of Washington -- Vice President Cheney`s chief of staff, Lewis "Scooter" Libby resigns after his indictment handed down today in the CIA leak probe.

Plus, breaking news in the case of missing 27-year-old California girl. Tonight, an arrest in the disappearance three weeks ago of this California beauty, last seen in casino surveillance video. This man, behind bars tonight.

But first, the murder of California defense Daniel Horowitz`s wife, Pamela Vitale. Prime suspect Scott Dyleski went to his girlfriend`s for sex -- let`s hold that thought just a moment, just hours after he allegedly brutally bludgeoned Pamela.

And now breaking news just in about 15 minutes ago, apparently his own mother has agreed to testify against Dyleski to avoid accessory to murder charges after the fact.

And tonight the long arm of the law reaches out to grab none other than high-profile lawyer Gloria Allred. Right now let`s go straight out to chief correspondent with "Inside Edition," Jim Moret. Jim, what`s going on out there?

JIM MORET, "INSIDE EDITION": As you said, a great deal of new developments in this case. Within the last 15 minutes, the mother of Scott Dyleski, Esther Fielding, 53 years old, who was arrested yesterday, Thursday on suspicion of being an accessory to the murder of Pamela Vitale, the prosecution announced late this afternoon, just minutes ago, that they were dropping those charges and they agreed not to press those charges when Esther Fielding agreed to testify truthfully, or as you said, to tell against her son. Dyleski called his mother the night of the slag, and reportedly, according to the affidavits filed in this case, Fielding said to stay at his girlfriend`s home, and not to come home because there was a great deal of police activity around their house.

She has told prosecutors reportedly that she helped her son destroy evidence. So again, the headline, prosecutors have elected not to file charges of accessory after the fact of murder, as long as Esther Fielding, the mother of Scott Dyleski, the prime suspect will testify truthfully in this case.

GRACE: I want to go straight to Renee Rockwell, criminal defense attorney. Renee, we`ve seen it before, family members agreeing to testify against family members, or else they go down the road to the big house themselves. Not a surprise.

RENEE ROCKWELL, CRIMINAL DEFENSE ATTORNEY: No. It didn`t take too much, Nancy. She`s in jail with a $500,000 bond. It didn`t take her long to decide I`ll testify against him. Now, Nancy, she`s charged with accessory after the fact. It doesn`t mean she helped in the murder, but she helped him maybe conceal his whereabouts and helped him get rid of the evidence, that`s all it took and now she`s testifying.

GRACE: Back to Jim Moret. Not only is there breaking news tonight regarding the mother, Esther Fielding. Last night we broke on our show that she had been arrested for accessory to murder after the fact, we believe to helping dispose of bloody clothes, possibly counseling him to stay away from police. She was on a $500,000 bond last night, we were also suspicious about a duffel bag found in her van. We believe it may have bloody clothes in the duffel bag.

But to Renee Hill, what is he looking at, as far as time-wise this if she been convicted on accessory to murder after the fact.

RENEE HILL, ATTORNEY: Well, Nancy, that depends on what classification it is in the state that they are in. If it were a class B felony, she would still be looking at a minimum of five years incarceration.

GRACE: I want to go straight back to Jim. When did we learn that Esther Fielding had agreed to testify against her son? And I assume that would include anything he told her.

MORET: Literally minutes before we went on air, Nancy. This is a breaking development. It happened late Friday afternoon in this case and clearly it was quick because the arrest of this woman was just yesterday so obviously prosecutors putting a great deal of pressure on her.

This is a woman who by all accounts loves her son and would do anything for him and apparently helping him dispose of evidence.

GRACE: We are showing you shots of Scott Dyleski in court yesterday. He was shackled at the foot and hands and you can see somebody has been cleaning up. That`s a far cry from the Goth appearance he assumed with the long dyed black hair, the black fingernails, the pale white -- oh, thanks, Rosie, let`s save that for Halloween. OK.

You can see the cleanup process has already started on this young man. By the time he comes into the courtroom, he`ll look like a preppie freshman at Yale, mark my words. Also today, Jim Moret, courtroom smackdown on none other than Gloria Allred. What`s going on?

MORET: Well, Gloria actually was scheduled to be a guest, I believe, on your show this evening, seated not too far from me. And the court basically said that the gag order that`s been issued temporarily applies to everyone, and that includes her. Gloria Allred represents the girlfriend of Scott Dyleski who testified before the grand jury, and according to prosecutors, had material evidence, specifically the disposition -- the disposition of potential evidence in this case and the demeanor of Scott Dyleski on the evening of the murder.

The court viewed this as a material witness, and the gag order does apply to Gloria Allred. You remember in the Scott Peterson case, Gloria Allred represented a material witness in that case, Amber Frey, and made nightly appearances, often as an advocate for the prosecution. And I think that the prosecution in this case is very concerned that this case be handled in such a manner that everyone gets an opportunity for a fair trial.

GRACE: Here`s what the judge had to say.


UNIDENTIFIED MALE: Am I pronouncing your name correctly.


UNIDENTIFIED MALE: The complaint that was filed in this matter, Mr. Dyleski, was filed on October 21st, alleges that you committed a felony in violation of penal code section 187, murder, on October 15th, 2005, in Lafayette, California, Contra Costa County, and that you unlawfully and with malice aforethought murdered Pamela Vitale, a human being.

UNIDENTIFIED MALE: Good afternoon, your honor. Tom McKenna (ph) currently on behalf of the minor. I have to declare a conflict on this case based on my prior representation of a client on another matter. I have gone over that with my client, he understands I need to withdraw from the case and he has no objections.


GRACE: You were seeing the charges formally read against Scott Dyleski yesterday in court, those charges leading to a number, a flurry of courtroom activity today. Straight back out to Jim Moret. Jim, regarding the so-called smackdown on Gloria Allred, what does it really mean?

MORET: Well, it really means she can`t talk. Gloria Allred is an advocate for victims` rights. And she has always been very outspoken and she was outspoken in the Peterson case, and there`s every reason to believe she would be outspoken in this case. She`s vigorous in representing her clients, and in this case her client is the girlfriend of Scott Dyleski.

The prosecution, however, against Scott Dyleski was concerned that this young man not receive a fair trial if too much information is out there that`s already received a great deal of attention.

So Gloria Allred was taking the position the gag order did not apply to her. The judge wrote a letter today specifically addressed to Gloria Allred saying the court has learned from various sources that you don`t think the gad order applies to you. I`m spelling it out for you, it does.

GRACE: I`ve got that order right here, and it speaks very strongly regarding that matter. I want to go straight out now to Elena Dziadevitch. She knows Esther Fielding and her family, including Scott Dyleski. Elena, when you first learned that Esther Fielding was under arrest for accessory to murder, what were your thoughts?

ELENA DZIADEVITCH, KNOWS ESTHER FIELDING AND SCOTT DYLESKI: I was shocked. Esther is a wonderful woman. And I didn`t think she would be capable of covering murder evidence.

GRACE: What about it, Mitch House, you also know Esther Fielding, Dyleski`s mother. What was your first reaction when you learned she was under arrest?

MITCH HOUSE, FRIEND OF ESTHER FIELDING: Actually it kind of angered me. I thought this woman has suffered enough. I thought about what the situation might be. I wasn`t sure exactly what she did, but knowing Esther, I knew that she would probably do anything to help her son.

GRACE: Well, Mitch, would you accept the theory that she helped get rid of bloody clothes?

HOUSE: I don`t know if she would have done that. But if she had, I can accept that she would have because of the way she was with her son.

GRACE: And to Elena Dziadevitch, both Elena and Mitch know Esther Fielding and Scott Dyleski. Elena, what is it exactly that Esther Fielding does for a living?

DZIADEVITCH: She worked some odd jobs. She also ran a bagel shop in Lafayette for about a year, together with her friend. They sold that cafeteria some time ago, because they didn`t really like the food business, and they both loved children and they loved working with children. I also heard that Esther had some sort of healing, DNA activation Website, and she was selling something that allegedly helps heal some sort of problems inherited from .

GRACE: Well, Elena, let me help you out. Maybe Mitch House can help me. Mitch, it`s my understanding that Dyleski`s mother was some kind of psychic healer, like long-distance through DNA? I`m referring deoxyribonucleic acid under a process she called DNA activation?

HOUSE: Yes. She had some sort of spiritual belief that you have generations of DNA in you that cause all these problems for you, you know if you`re fat or if you`re unsuccessful or whatever, and that somehow she could add some counseling to alter that generation.

GRACE: OK. Wait a minute. Wait a minute. Mitch, did you she do this on-line?

HOUSE: Yeah. She has a Website on-line.

GRACE: Did she take money for this?

HOUSE: I don`t know if she ever got a client but it was like $60 an hour for some sort of spiritual healing.

GRACE: Hey, that`s more than a lot of lawyers make, and we go to school three full painful years. Let me just get this down -- DNA activation on, what, your hair? Or how could she heal you long-distance through DNA?

HOUSE: I have no idea. It sounds like snake oil to me.

GRACE: OK. Of course that does not make her guilty of murder. Let`s go to forensic psychologist Dr. Michael Nugitelli. Thoughts?

DR. MICHAEL NUGITELLI, FORENSIC PSYCHOLOGIST: I knew you were going to scum to me after that.

GRACE: Some people say that about psychologists. Ha ha ha ha ha.

NUGITELLI: A lot of people say that about psychologists and including Ms. Fielding. Not to pass judgment on her spiritual beliefs, but it sounds to me like the nut doesn`t fall too far from the tree. Ms. Fielding -- It would be minimizing to say .

GRACE: I believe it`s the apple, Michael.

NUGITELLI: Well, I use "nut," being a psychologist, if you understand the analogy.

GRACE: You know what, I`ll back off of the whole DNA activation process that she was hawking on the Internet. The big story tonight is she is out of jail, and for any of you viewers that want a DNA activation healing session, I believe she has a got Website. Big story, Esther Fielding, no longer behind bars, but in exchange for getting her freedom, she`s apparently agreed to testify against her son, Scott Dyleski.

He is facing trial now in the murder of Pamela Vitale, the wife of our friend Daniel Horowitz

To tonight`s case alert. Tonight the reward for information on Tara Grimstead, the high school teacher missing from Asilla (ph), Georgia is at $10,000.

Tara Grimstead, a former beauty queen, reported missing after she didn`t show up to work on Monday. No one has seen her since Saturday. If you have information on this Georgia girl, Tara Grimstead, please help us. Call the Asilla police, 229-468-7494.



UNIDENTIFIED MALE: The complaint was filed in this matter, Mr. Dyleski, was filed on October 21st and alleged that you committed a felony in violation of penal code section 187, murder, on October 15, 2005, in Lafayette, California in Contra Costa County and that you unlawfully, with malice aforethought, murdered one Pamela Vitale, a human being.

DANIEL HOROWITZ, HUSBAND OF PAMELA VITALE: I want to believe that she did not suffer. I want to believe that she fought back as hard as she could and that when he struck that blow, then she didn`t suffer.


GRACE: Breaking news in the case of Scott Dyleski. As you know, that`s the 16-year-old young man charged in the bludgeoning death of Pamela Vitale, the wife of our friend Daniel Horowitz. This case has taken already an incredible number of twists and turns. Number one, Dyleski`s mother, as the news broke right here last night, under arrest for accessory to murder after the fact.

Well, today in a reversal, she is released from jail, but only if she agrees to testify against her own son. And also, the judge issues a smackdown on none other than Gloria Allred. Take a listen to Gloria.


GLORIA ALLRED, ATTORNEY: My client has an attorney and she is not going to be discussing, nor will I be discussing what her feelings are about this case at this time.

I have been given a draft copy of the order that the court issued today. I have read it very carefully, at least three times. It does not cover attorneys for witnesses.

If you know who my client is, and I will not be identifying my client, I urge you to please not try to contact her. I am telling you to a certainty, she will not be making any statements about this case.


GRACE: The district attorney in the Dyleski case responded in writing, "It is our position and belief the language of the protective order (or gag order) clearly includes any attorney who is an attorney for a witness in this case and Ms. Allred clearly falls within that definition."

Straight out to Renee Rockwell, criminal defense attorney. A, why a gag order? And, B, why on the lawyers of witnesses? The lawyers aren`t going to testify at trial.

ROCKWELL: Nancy, what I think the judge is doing trying to keep a fair trial, to keep as little media coverage as possible, and to keep it in such a manner that he`s going to be tried in the courtroom and not on the air waves, so I can see what`s happening.

GRACE: Let me clarify something, Renee. The 12 jurors make the decision. They`re not listening to what we say, to what the newspapers say. No one is tried on TV. They`re tried on the courtroom. Correct me if I`m wrong, Renee, have you ever voted in, for instance, the Scott Peterson case or the Robert Blake case? You commented on it, but cases are not tried on television.

ROCKWELL: They`re not, Nancy, but people certainly watch TV, they try to form opinions, and first of all, let me say this, there is not going to be a trial in this case, not with all the mounting evidence. You`ve got the mom testifying against him. Look at this I kid, he`s 16 years old. It`s incredible.

What I think will end up happening is they`re going to cut a deal with them, they`re going to try to find out who`s in this hydroponic credit card scam and they`re going to start leaning on other people, maybe not for murder, but they`re going to clean all this up. That`s what`s going to happen.

GRACE: Renee, you think Horowitz is going to agree to a plea deal on the bludgeoning death of his wife, with a cross, with some kind of Lorraine cross carved into her back? You think he`s going to go along with a plea deal? No way.

ROCKWELL: I just don`t think this kid is going to take it to trial. I don`t see it, Nancy.

GRACE: A, he`s not a kid, he turns 17 on the 30th.

ROCKWELL: He`s a minor. He`s in juvenile.

GRACE: He`s going to be treated as an adult. That`s already been decided.

You know what, we`ll going to pick up our argument when we get back.

But very quickly, to tonight`s "trial tracking." Sabine Bieber, the Montana daycare owner convicted of killing 1-year-old Dane Heggem, sentenced today to 40 years in prison, 35 of those suspended. Plus, five years. Bieber gave the baby a fatal dose of cough medicine. Why? She wanted to shut him up and make him go to sleep. Similar drugs were found in the diapers of other little children in Bieber`s care.



HAROLD JEWETT, CONTRA COSTA ASSISTANT D.A.: The charges are murder, and there is an enhancement for the use of a bludgeon, so the maximum possibility penalty is 26 years to life in prison.


GRACE: Welcome now. Breaking news in the Dyleski case. Today Dyleski`s mother walks free from prison and the judge issues a gag order. Straight out to Steven Clark, former California prosecutor, he was at the arraignment yesterday, what did you observe about Dyleski? He looks very different from his earlier pictures.

STEVEN CLARK, FORMER PROSECUTOR: Yes, he shed the Goth appearance, that`s for sure. I think that`s a calculated play by his lawyer, to make sure he didn`t continue with that Goth-like, vampire-like appearance that he had. He was very unemotional. When the judge read the charges, he looked down.

I did not see any obvious signs of injuries on Dyleski. She was shielded for the most part by his public defender. He didn`t have any facial injuries.

It was a very difficult proceeding for me and many other people there, because all of the media people and other attorneys know and respect and care about Dan and Pamela, and it`s just a very difficult thing to watch. But, you know, he seems, when he looks down, to finally understand the predicament he`s in.

GRACE: You know, I would have thought he may have understood it, Dr. Nugitelli, during the 39 stab wounds and blows he dealt to Pamela Vitale, allegedly, and also to Dr. Nugitelli, a forensic psychologist, explain to me bludgeoning someone to death, a defenseless woman, and then going and having sex with your girlfriend.


GRACE: How does that work?

NUGITELLI: It indicates this is a young man who`s very disturbed. You know .

GRACE: Or very cold-hearted.

NUGITELLI: And also very disturbed. What interests me most, if you were to take the two pictures of Mr. Dyleski and put them side by side, one pre-Goth and one post-Goth, what I would like to know, if there is any way to find out, is the parallel between the death of his sister and when he got involved with the Goth movement.

GRACE: Well, according to people that knew him -- and I`ll go out to Elena Dziadevitch, Elena, I understood that he was very shy and withdrawn before his sister`s car crash?

DZIADEVITCH: He was pretty introverted with people that he didn`t know. He did not easily open up to strangers, but I also know with his family, he was a very friendly person, with his family.

GRACE: With his family. What about it, Mitch, withdrawn? Quiet?

HOUSE: He was withdrawn and quiet. When he started shaving his head in different places, I saw that as more of a self-loathing kind of thing to do instead of a style. That was out of his Goth uniform character.


SUSAN HENDRICKS, CNN HEADLINE NEWS ANCHOR: Hi, everyone. I`m Susan Hendricks. Here`s your "Headline Prime Newsbreak" now.

Vice President Dick Cheney`s now-former chief of staff, Scooter Libby, says he will be cleared of all charges. He was indicted today of perjury, obstruction of justice, and making false statements in the CIA leak investigation.

The New Orleans Police Department tonight firing 51 staff members for deserting their posts during the Hurricane Katrina disaster. The police department was unable to account for 240 officers out of 1,400.

A record 1.5 million babies were born to unmarried women in the U.S. last year, but not just teenagers. Less than a quarter of the births were by teenage moms. The highest increase was among women 25 to 29.

A former soccer player had a one-in-a-million chance during halftime of the Canadian Football League game. He booted a 50-yard field gold to win $1 million Canadian dollars. Nice kick there.

That is the news for now. I`m Susan Hendricks. Back to NANCY GRACE.


ALLRED: My client has an attorney. And she is not going to be discussing, nor will I be discussing, what her feelings are about this case at this time.

I have been given a draft copy of the order that the court issued today. I have read it very carefully, at least three times. It does not cover attorneys for witnesses.


GRACE: Upon motion of the district attorney, the gag order in the Vitale murder trial reads, "It is hereby ordered that, until further order of this court, those investigating the case, the defendant, material witnesses, or attorneys shall refrain from discussing this case."

Straight back out to Jim Moret, chief correspondent with "Inside Edition." Now, the same challenge went up during the Scott Peterson trial, with Gloria, and she was allowed to continue speaking. What`s the difference in this case? And, of course, is it coincidental that, in that case, she was representing the girlfriend of an accused killer, as in this case?

MORET: Well, it may by coincidental, but, frankly, Nancy, I think this judge is taking a very different view and wants to clamp down on pretrial publicity.

But we also know one other thing, because the prosecuting attorney filed a declaration on behalf of extending the gag order and said something very interesting. We now know that this girlfriend, on Tuesday, October 25th, was a witness before the grand jury and, according to the prosecuting attorney, had extremely material details about the disposition of certain items of physical evidence, and a very, very dark aspect of the relationship between the girlfriend and Scott Dyleski.

So, actually, it`s interesting, in an effort to keep information under a lid, we now know a bit more about Scott Dyleski. And that is, apparently, he had a very, very dark relationship with this girl.

GRACE: You know, I can only imagine what that`s all about.

Straight back out to Renee Rockwell. You know, I`m looking at the order in the trial, the gag order, and it refers to Gloria Allred being on a couple of TV shows talking about this trial, but then it also says, as Jim Moret pointed out, that the girlfriend of Dyleski was in grand jury giving testimony on her cell phone with Gloria Allred.

Now, how I would have liked to be a fly on the wall. "Gloria, he asked me this. What should I say?"

ROCKWELL: Nancy, that`s tantamount to being in the grand jury with a lawyer. She`s getting advice. But one thing you`ve got to give this gal is she`s got a lawyer and she`s gotten lawyered up. And you can just thank God for that.

Because if she gives one story, and then changes it around, and gives another story, don`t you know that she`s going to be being pressed, just as the mother is, to give testimony, perhaps against herself. She could be prosecuted. She could be in jail with a $500,000 bond.

GRACE: Look, look, look, given the fact that we`re all lawyers, I don`t begrudge anybody hiring a lawyer.

But Renee Hill, I think Renee Rockwell is absolutely right. And I think it was correct in Amber Frey, whether you want to poke fun at Amber Frey or not.

The reality is that we saw what happened to Esther Fielding in this case. She maybe disposed of some bloody clothes, she may have counseled her son what to do to stay away from police. She ended up behind bars. They are not playing out there. So I don`t begrudge this girlfriend at all hiring Allred.

HILL: Absolutely, not at all. She did the right thing by getting an attorney to represent her. She knows that there is a possibility anything can happen. If she was with this young man, there is a possibility that she could be charged just as the mother was.

GRACE: Anything can happen, even a book deal. Would you agree with that, Jim Moret?

MORET: Yes, I would agree with that. Gloria Allred was successful in doing that for Amber Frey. She may be interested in that here. But I don`t want to begrudge this woman or Gloria. I mean, Gloria`s doing her job.

GRACE: Well, and the other thing, Jim Moret, is everybody else is America writes a book. I`ve written a book. Why shouldn`t they write a book, for Pete`s sake?

MORET: Exactly.

GRACE: So, hey, get after it, but just, please, before you cash that check, wait until you testify so you can`t be cross-examined on it.

Hey, anybody listening out there?

So very quickly, back to you, Jim Moret, I want to talk about one more thing regarding the mom ending up behind bars.

Breaking news tonight, everyone, the mom, the mother of Scott Dyleski, the 16-year-old young man charged in this bludgeoning death of Pamela Vitale, his mom -- here she is, Esther Fielding -- landed behind bars yesterday. We wondered why she didn`t show up to court. That`s why.

We`ve also learned a little bit about her as a person. She apparently has an online psychic business, where she performs DNA activation and helps you get rid of various illnesses through some type of deoxyribonucleic acid activation long-distance, $60 an hour.

So, Jim Moret -- Rosie, if you would put up the issue regarding the van for the viewers. The registered owner of the van is the mother of suspect. And the suspect had been seen near the van shortly after the murder.

We were all speculating yesterday, Jim, as to why she had been arrested, that maybe she put the duffel bag of bloody clothes in her van. It`s her van. Long story short, if he was by the van, he could have done it.

MORET: Well, sure, but we`re also hearing reports that, not only has the mother agreed to testify, quote, "truthfully," but also she may have admitted to prosecutors that she helped dispose of certain evidence. And prosecutors were able to find -- or, rather, investigators found a single glove.

They believe that the perpetrator used gloves in the commission of this horrible crime. And there are some items of clothing that appear to be missing.

So the question is, did Esther Fielding, the mother of Scott Dyleski, help in disposing of that evidence? And, frankly, if she admits to that -- and she`s now agreed to testify against her son -- that`s a significant development in this case.

GRACE: Renee Rockwell, all I can say is, they better get that testimony on videotape right now, because, come time of trial, she will retract that.

It`s very difficult for a mother to give testimony against their child. Forget about it.

ROCKWELL: And, Nancy, how do you think she got in trouble in the first place? Because she talked to the police. What`s rule number one? You don`t say anything. She could have said, "I have nothing to say. It`s my son. I have nothing to say."

GRACE: Well, that`s according to you. According to me, rule number one is cooperate fully with police and agree to take a state-sponsored polygraph.

To Elena Dziadevitch, do you think Esther Fielding, knowing her, will actually be able to testify against her son?

DZIADEVITCH: She should. I think she should tell everyone what she knows about...

GRACE: But will she? Do you think she will?

DZIADEVITCH: She loves her son very much. That`s all I can say.


What about it, Mitch? Do you think she can bring herself to testify against her son?

HOUSE: I think she`s going to have to. I think this has just been so tragic and traumatic for her that, if she had done something to help him, it would have been just out of being in a state of shock. But I think now she realizes, you know, maybe she`s come a little back to Earth and realizing she`s going to have to.

GRACE: But if you take a hard look at it, charges have been dropped against her. If she refuses to testify in the end, that`s only a contempt of court, 18 months, as opposed to a lot longer for accessory to murder.

Everybody, we have to switch gears. I want to quickly go to the latest regarding a young lady we told you about just a few days ago. An arrest has gone down in the missing person case of Christie Wilson.

Penne Usher, with the "Auburn Journal," she`s a crime reporter. Bring us up-to-date friend.


Mario Garcia was arrested this morning on suspicion of murder in relation to the disappearance of Christie Wilson.

GRACE: And to Lt. George Malim, tell us about the arrestee.



MALIM: My understanding is, when Sgt. McDonald went to the jail and arrested him for the murder count or the murder charge, he said nothing and just kind of put his head down to his chest. And there was no other reaction from him.

GRACE: Twenty-seven-year-old Christie Wilson last seen in casino surveillance footage playing a hand of card and then walking out of the casino. We`ll show you that, when we come back.

Very quickly to "Trial Tracker," almost 13 years to the day after an 11-year-old Girl Scout was murdered, brothers Timothy and James O`Brien convicted in the killing.

But now, Ted Walker, the star witness and co-conspirator against the brothers, who had confessed to a role in the kidnap and murder, wants to withdraw his plea. He thinks, because his accomplices are now behind bars for murder, he should walk free.



DEBBIE BOYD, CHRISTIE WILSON`S MOTHER: Mr. Garcia was the last individual seen walking out of that casino with Christie. There`s evidence that shows that she never got to her car.

Mr. Garcia`s story about Christie going back into the casino to retrieve a cell phone is inconsistent with all of the surveillance tapes that have been shown to date.

And based on the evidence with regard to the hair, it`s clearly obvious that Mr. Garcia has fabricated this story around Christie going back into the casino, because that hair was found in his car.


GRACE: Straight back out to crime reporter with the "Auburn Journal," Penne Usher. What led to his arrest, Penne?

USHER: It appears that some evidence came back from the Department of Justice to the sheriff`s department. And based on what the Department of Justice findings were, they had enough probable cause to arrest Mr. Garcia.

GRACE: I`ve just gotten the tip line from Ellie, 800-923-8191. If you have information on Christie Wilson, 530-889-7867, or 800-923-8191.

Very quickly, to Lt. George Malim. He`s been working on this case, commander of investigations division.

Lieutenant, I`m assuming from the timing that some of that DNA came back. You told me about the hair that was found, not by casual transference of the car, items found, including a police-type baton in the trunk. Has DNA evidence come back? I`m not asking you what it is.

MALIM: Yes, additional DNA evidence has come back that confirms that it`s a DNA match to Christie Wilson.

GRACE: OK. Penne Usher, that says to me that the state has some very powerful evidence. Do you know whether or not Garcia is cooperating?

USHER: That I do not know at this time. I did speak to Garcia`s attorney, Mr. Ron Peters, and he has said that his client is innocent of murder.

GRACE: Lieutenant, is he cooperating?

MALIM: No. He has retained his attorney. As stated, at the arrest today and his the booking at the jail, he said nothing, nothing at all, no emotion, no anything.

GRACE: With us tonight, crime reporter from the "Auburn Journal" Penne Usher and also a special guest, Lt. George Malim, the commander of investigations division.

Thank you. Both of you, please join us again, as we continue to cover this case.

Very quickly, changing gears to Washington, D.C. Indictments coming down. Let`s go straight to the national reporter with the "Washington Times," Charlie Hurt.

Charlie, explain.

CHARLES HURT, REPORTER, "THE WASHINGTON TIMES": Well, what began, of course, as the now-famous 16 words in President Bush`s 2003 State of the Union address wound up as an investigation into whether anyone in the White House leaked the identity of a CIA operative. And at least, you know, one indictment came down today.

GRACE: What specifically is Libby charged with?

HURT: He`s charged with five counts, two of perjury, two of making false statements, and, of course, one of obstruction of justice.

GRACE: And what would those be, specifically? What would be the false statement, the perjury and the obstruction?

HURT: Well, it`s -- the argument that they are making is that, while he was not guilty -- or they have not proved that he`s guilty of the underlying charge of outing the CIA operative.

In the course of the investigation, he clearly told a number of -- told CIA agents investigating the crime on a number of occasions that, you know -- that just completely gave false statements. And then again, before the grand jury, he made, on a number of occasions, told things that were simply demonstrably, completely not true.

GRACE: What about Dick Cheney`s involvement?

HURT: Well, that`s interesting, Nancy. That`s sort of the next big question that everyone is wondering about. We have no idea his involvement.

What we do know is that Cheney and Libby had conversations in which Cheney made it clear that he wanted Libby to make it known that former Ambassador Joseph Wilson went -- investigated the claims about Saddam Hussein trying to purchase uranium from Niger, that he wanted it to be known that the only reason Wilson was sent was that his wife worked for the CIA.

GRACE: Ouch, ruh-roh. Take a listen to this, Charlie.


PATRICK FITZGERALD, SPECIAL PROSECUTOR IN CIA LEAK CASE: Valerie Wilson`s cover was blown in July 2003. The first sign of that cover being blown was when Mr. Novak published a column in July 14, 2003. But Mr. Novak was not the first reporter to be told that Wilson`s wife, Valerie Wilson, Ambassador Wilson`s wife, Valeria, worked at the CIA.

Several other reporters were told. In fact, Mr. Libby was the first official known to have told a reporter, when he talked to Judith Miller in June of 2003, about Valerie Wilson.

Any notion that anyone might have that there`s a different standard for a high official, that this is somehow singling out obstruction of justice or perjury, is upside down. If these facts are true, if we were to walk away from this and not charge obstruction of justice or perjury, we might as well just hand in our jobs.


GRACE: To Charlie Hurt, national reporter with "The Washington Times," what kind of jail time is Libby facing?

HURT: He faces up to 30 years in prison and $1.25 million in fines, if he is convicted on all five charges. And who`s to say, quite frankly, that this is the end of it, in terms of the investigation?

Fitzgerald said today that the bulk of the investigation was over, but that that does not mean that they stop asking questions and stop, you know, trying to get to the bottom of everything that happened here. So there could be future indictments. And, in fact, the indictments against Mr. Libby could be toughened. And...

GRACE: Well, you know, Charlie, there`s nothing like a special investigator or a special prosecutor. They`re just like the IRS; once they get a hold of you, forget about it. It`s just, give them your checkbook, and give them your wrists. It`s over.

HURT: And people who know Patrick Fitzgerald say that, as prosecutors go, he is an especially tough one. And you really don`t want to be on the other side of the conference table from him if you`ve done something wrong.

GRACE: So what`s the response on Capitol Hill? Everybody hiding under their desks?

HURT: Sort of. You know, normally we get -- I`ll get, say, 100 e- mails over something like this, and, you know, half from Republicans and half from Democrats. And today...

GRACE: Maybe you should hide under your desk.

HURT: Exactly.


GRACE: I`m going to.

HURT: Literally, I think I got two e-mails.

GRACE: Last thing I need is Cheney mad at me. Whoa!

HURT: I think I got two e-mails from Republicans and about 98 from Democrats. And to say that they were chiding Republicans would be quite an understatement.

GRACE: You know, Renee Rockwell, I know you want in on this, but I only have thing to say to you tonight and that is, "Happy birthday to you."

ROCKWELL: Thank you, Nancy.

GRACE: Everybody, stay with us as we remember Marine Lance Corporal Jonathan Spears, just 21, and American hero.


GRACE: Man, what a week in America`s courtrooms. Take a look at the stories and, more important, the people who touched all of our lives.


GRACE: A 27-year-old Georgia man on trial for the kidnap and deaths of a young mother and her 2-year-old little girl.

UNIDENTIFIED MALE: Harris is accused of killing Whitney Land and her 2-year-old daughter, Jordan.

GRACE: Did Wesley Harris force the two into a car at gunpoint?

UNIDENTIFIED FEMALE: She wanted to take pictures of Jordan in the little dress that she had on.

GRACE: A possible suspect in the disappearance of Christie Wilson.

UNIDENTIFIED FEMALE: Dead or alive, we just want to know. We want to bring her back.

GRACE: This is believed to be her, Christie Wilson. And we believe she was leaving with Mario Flavio Garcia. Sheriff`s officials say a hair found at Garcia`s car matches Wilson.

Mystery surrounding a woman missing from Portland, Maine. Help us find this 24-year-old, Lynn Moran, last seen by friends October 10th.

UNIDENTIFIED MALE: Police last week said that the searches will end. They don`t have any new leads.

UNIDENTIFIED MALE: With every hour and every day that goes by, our sense of desperation increases.

GRACE: Harriet Miers backs out on a bid to become the next U.S. Supreme Court justice under a storm of criticism.

UNIDENTIFIED MALE: I was sure that Bush was going to carry this thing through and try to take her all the way to the hearings.

GRACE: Sandra Day O`Connor, bye-bye retirement plans.

UNIDENTIFIED MALE: Good-bye for a long time. It could be early next year before we see a new nominee actually confirmed by the full Senate.

GRACE: And 16-year-old Scott Dyleski broad in handcuffs and foot shackles to court. Formal charge: murder one.

UNIDENTIFIED MALE: Scott Dyleski`s mother was arrested today for her possible involvement with covering up the murder after the fact.

GRACE: And sources reveal that, after he allegedly beat and stabbed Pamela to death, he went to his girlfriend`s house for sex. Bye-bye, insanity defense. And hello, state`s witness.

There is no boyfriend-girlfriend privilege to the grand jury or a jury. She`s got to talk.


GRACE: I want to thank all of my guests tonight. But my biggest thank you is to you for being with us, inviting us into your homes, tonight and all week.

A special good night from our control room in New York. Good night, everybody.

Coming up, headlines from all around the world. I`m Nancy Grace, signing off for tonight. I hope to see you right here Monday night, 8:00 sharp Eastern. Have a good weekend.

And until then, good night, friend.