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Nancy Grace

Lohan`s Father Says Daughter Addicted to OxyContin

Aired May 31, 2007 - 20:00   ET


NANCY GRACE, HOST: Tonight, Hollywood superstar Lindsay Lohan crashed and burned when a wild weekend of parties ends in a car crash, DUI charges and allegations of cocaine. Tonight, reports that 20-year-old Lohan addicted not just to alcohol but to the highly addictive painkiller OxyContin, as well, Lohan living large tonight in rehab with private rooms, fireplaces, 500-thread-count sheets, massages, gourmet food and exclusive beaches, all to the tune of $48,000 a month, this while police weigh charges of fleeing the scene of a crash and possession of cocaine.
And tonight, to northwest Pennsylvania. Two toddlers drown in a pond 100 yards from their own home. Why? Their baby-sitter is taking a nap.

And also tonight, a beautiful 3-year-old little girl snatched during a luxury resort vacation while her parents at a dinner party, little Maddy McCann missing now day 28. Tonight, exposed, a series of blunders by police and investigators during that first critical 48 hours little Maddy goes missing, the reward tonight topping $5 million to find baby Maddy.


UNIDENTIFIED MALE: As the McCanns walked through St. Peter`s Square, how they must have wished they were meeting the pope in less distressing times. Kate, a devout Catholic, was composed, but her sense of loss was plain to see. Pope Benedict held their hands in an extraordinary display of support. And then for a moment, Benedict looked at and gently touched a photograph of Madeleine.

UNIDENTIFIED FEMALE: It was very emotional, but it was also a very positive experience, really. It`s been very important to us, and that photograph will stay with me now.

UNIDENTIFIED MALE: (INAUDIBLE) more passionate (ph) than I could have possibly imagined it could have been. And there was, you know, recognition immediately and looking at Madeleine`s photograph, and his touch and thoughts and words were more tender than we could have thought, and that will help sustain us during this most difficult time.

UNIDENTIFIED FEMALE: With his gesture, the pope has catapulted Madeleine`s story onto front pages around the world.

UNIDENTIFIED MALE: The spotlight now turning to police, who are under increased scrutiny after a series of foul-ups, including not checking vacation homes in the areas, publishing the wrong description of the suspect and not taking DNA from Maddy`s toy cat, a piece of evidence some experts fear may have contained crucial clues.


GRACE: Good evening. I`m Nancy Grace. I want to thank you for being with us tonight. First, breaking developments on the investigation now surrounding DUI and cocaine allegations against megastar Lindsay Lohan.


UNIDENTIFIED FEMALE: Lindsay was arrested on suspicion of DUI early Saturday morning, around 5:30 in the morning, after she drove into a curb with her car on Sunset Boulevard.

And I want to mention officers say they found narcotics on the scene that they believe to be cocaine. Less than 48 hours later, she was out partying again.

UNIDENTIFIED MALE: I`m just really -- I`ve been saying this all along. It just really bothers me that too many people are around Lindsay because of what they can get from her, instead of Lindsay herself and caring about her. Lindsay, I`ve been trying to get this message to you for a long time. I`m here for you. I love you.

UNIDENTIFIED MALE: Now an unnamed friend telling "Star" magazine Lohan may have been suicidal weeks before Memorial Day weekend. According to "Star," Lohan screamed she just wanted to, quote, "end it all."

LINDSAY LOHAN, ACTRESS: I`m Lindsay Lohan...

UNIDENTIFIED MALE: ... telling you please don`t drink and drive.

LOHAN: Be safe.


GRACE: Rumors of not only drugs, drinking, but now the highly addictive painkiller OxyContin. Out to you, Sibila Vargas, CNN correspondent joining us from LA. Where is all this coming from -- OxyContin, where is that coming from?

SIBILA VARGAS, CNN CORRESPONDENT: Well, actually, it`s coming from her father. He dropped a bombshell today, basically saying that his daughter was not only addicted to alcohol but also addicted to OxyContin. Now, OxyContin is an opiate. It`s a very serious drug. It`s a pain reliever. But this is the case, if these allegations are correct, hopefully, she`s getting the help that she so desperately needs because this is a serious drug.

GRACE: Dad, hey, thanks, Dad! Out to you, Bethany Marshall. With friends like that, who needs enemies? Why is the father making public statements that his daughter is addicted to OxyContin? You know the judge is going to hear that.

BETHANY MARSHALL, PSYCHOANALYST: Well, you know, one thing we have to give him credit for is that he is trying to get sober, so he does have something he can pass along to her. But can I tell you something...

GRACE: Wait, wait, wait, wait, wait! I`m supposed to feel sorry for him because he`s got a drinking problem and he`s basically trashing his daughter? I`m not saying it`s true or false, but come on, Dad.

MARSHALL: Hey, but Nancy, you know, the best predictor of an addict`s ability to get sober is that they experience negative consequences to their behavior. So what if the dad hides this in a shroud of secrecy and doesn`t come out with it? That`s what family members do who enable addicts.

GRACE: Bethany...


GRACE: ... in front of a microphone? Is that really necessary?

MARSHALL: Thank God for a judge who would give her negative consequences to her actions. You know, look at Paris Hilton`s mom, who hissed and booed the judge, and she should have been grateful that the judge was there to step in and to give her daughter the negative consequences...

GRACE: Well...

MARSHALL: ... without that, the addict does not get sober.

GRACE: I`m all for families doing interventions, for getting their children into therapy, getting them into rehab like this, going with them to court. But apparently, based on what I`m seeing here, and with Paris Hilton, the parents need to just keep their yaps shut.

Out to you, David Caplan, senior correspondent with VH-1. Look, why does he have to unburden himself in front of a microphone?

DAVID CAPLAN, VH-1: I think what we`re seeing here with Michael Lohan is really an act of desperation because he is completely estranged from Lindsay and the whole family. The mother, Dina, doesn`t speak to Michael, so this is his only outlet. But he`s really doing it in the wrong way because he doesn`t speak to her. So he always goes to the media. In this incident with Lindsay, he has been the one that is running to every newspaper, to every TV station, speaking about it. And we`re not seeing, Dina, her mother, say anything.

GRACE: Well, we only see Dina, her mother, out partying at 2:00 AM, so I don`t know what she can add to the whole thing.

Back to you, Sibila Vargas. Tell me about Promises rehab.

VARGAS: Well, Promises rehab, as you have seen on the Web site, is a place that you and I would both like to go to. It`s absolutely gorgeous. It`s extremely expensive. It caters to the rich and famous. Britney Spears as actually gone there. She went there just shortly after shaving her head. It is a beautiful place, so hopefully...

GRACE: Whoa! Wait, wait, wait, wait!


GRACE: We`re showing it right now. It looks like a Spanish villa up in...


GRACE: ... the mountains.

VARGAS: Oh, yes.

GRACE: Oh, hey, there`s a fireplace. There`s a private room. There`s the...

VARGAS: Panoramic views.

GRACE: Yes, the 500-thread-count sheets, the exclusive beach. Hey, like I said the other night, I`ll take that twin bed any day. This looks like...

VARGAS: I know.

GRACE: ... an exclusive gated community resort vacation.

VARGAS: I know, if only we could afford it. I mean, you know, I took a trip to Cabo San Lucas, and it didn`t look as beautiful as this place. I mean, this is gorgeous. So hopefully, though -- it does have a good reputation, and hopefully, she is getting the help that she does need.

GRACE: Well, what is the track record for Promises rehab?

VARGAS: They have a pretty good track record. I mean, Britney Spears, let`s face it...


GRACE: That`s the track record?


VARGAS: Well, if we`re focusing on celebrities, I would say that Britney Spears -- we haven`t heard much from her since she has gone to Promises. I think where celebrities are concerned, they`ve done OK so far. So we`ll see what happens with Lindsay Lohan, but...

GRACE: Back to you...

VARGAS: I hear that they have a very good -- at least it might be better than wonderland, and that was the other rehab that she was in before.

GRACE: Yes...

VARGAS: And the fact that she is going to be there for 30 days, at least 30 days, and they`re keeping her there, hopefully, it`ll work.

GRACE: Take a listen to this.


UNIDENTIFIED FEMALE: Lindsay was arrested on suspicion of DUI early Saturday morning around 5:30 in the morning after she drove into a curb with her car on Sunset Boulevard. All right, less than -- and I want to mention officers say they found narcotics on the scene that they believe to be cocaine.

Less than 48 hours later, she was out partying again. She had a Memorial Day party at the Roosevelt Hotel. Here are some pictures from (ph). And they say these pictures were after she left the party. She`s bending over, kneeling near the ground. Some speculate she`s sick in some of the pictures. Others say that she was just simply picking something up. One of the photos, she apparently is passed out or looks asleep. Here you see that one.

So we do know now that Lindsay is back in rehab, possibly in Promises in Malibu. You may remember earlier this year, she completed a 30-day stint at the Wonderland treatment facility. It`s a different rehab facility here in Los Angeles. And prior to that, her publicist had said that she was attending Alcoholics Anonymous classes.

UNIDENTIFIED FEMALE: Quite a weekend for Lindsay Lohan. Here you are seeing exclusive video from of her going clubbing in Beverly Hills. But just two hours later, the partying was over. In the early hours of Saturday morning, the 20-year-old actress was cited for suspicion of driving under the influence. And police also say they found a, quote, "usable" amount of what they believe is cocaine in her car. Investigators say Lohan had two other people in the car with her when it crashed on Sunset Boulevard. She was treated for minor injuries.

UNIDENTIFIED MALE: He, what`s up? I`m Jeff.


UNIDENTIFIED MALE: And I`m Pierre from Simple Plan (ph).

LOHAN: I`m Lindsay Lohan.

UNIDENTIFIED MALE: Telling you please don`t drink and drive.

LOHAN: Be safe.


GRACE: That was a PSA, public service announcement, about drinking and driving, warning against it, where Lohan cracks up laughing at the end of it. That was -- was it a harbinger of doom? Long story short, here`s the menu at Promises tonight, Korean short ribs, potstickers, shashimi, Thai chicken coconut soup, teriyaki chicken. I`m having a yogurt. You know, Promises is looking better and better and better.

Let`s unleash the lawyers. Joining us tonight, Atlanta prosecutor Eleanor Dixon, New York defense attorney Midwin Charles, New York defense attorney Alex Sanchez.

Out to you first, Eleanor. Do you believe this whole stint in rehab again is just a ploy to get a lighter sentence when she`s in front of a judge?

ELEANOR DIXON, PROSECUTOR: Oh, sure. It`s a big PR stunt, Nancy. I mean, didn`t really work the first time. She can use it and maybe get a lighter sentence. But look at all the charges she could potentially face. I mean, let`s just start with the lessers -- striking a fixed object, leaving the scene of an accident, DUI, possession of cocaine. I mean, the list could go on and on. I think it`s a PR ploy.

GRACE: And let`s very quickly talk about possession of cocaine, Alex Sanchez. Very quickly, give it to me in a nutshell, constructive versus actual possession of cocaine.

ALEX SANCHEZ, DEFENSE ATTORNEY: Actual possession is if you are physically possessing something on you, in your pocket or in your hand. Constructive possession is if you`re in control of an object, like a car, and there`s some drugs in that car, then you can conceivably be charged with possessing those items.

But you know what, Nancy? I don`t see why this woman was arrested to begin with. She was not caught at the scene driving while intoxicated. She was arrested a while later at the hospital because some paparazzi, as I understand, called the police on her. So there`s a question in my mind whether or not they can legally sustain a case against her for driving while intoxicated.

GRACE: OK, that`s very interesting. Out to Sibila Vargas, CNN correspondent. Isn`t it true that there is actual video, Sibila, of her running, running, sprinting away from the crash scene, and within a couple of hours, she was tested, blood-tested at the hospital, and there was a positive DUI blood alcohol?

VARGAS: Well, you know, I`m not sure if she was tested at the hospital, but -- I don`t know if she had done the breathalyzer or anything like that, but there was video that shows her fleeing the scene of the crime, and that`s when officers did go to Century City Hospital, and found her there. And they charged her with DUI. Obviously, they had enough of - - you know, absolutely had enough of -- they had seen enough to know that they would charge her for suspicion of DUI.

GRACE: And out to you, David Caplan, senior correspondent with VH-1. It`s our information she was blood-tested at the hospital. When you go into a hospital, typically, it`s SOP, standard operating procedure, they take your blood. And she was treated for minor injuries, David.

CAPLAN: Yes, she was absolutely tested by police. And in fact, police said they`re not going to release the blood alcohol content.

GRACE: They`re not going to release it. Well, what about when she goes to court? Will that be under seal?

CAPLAN: By then, they will release it then. They said for the court proceeding in August they will. But initially, they don`t want anyone to know what her level was, which is a little suspect. A lot of people think it`s going to be shocking because the least it could be is .08.

GRACE: You know, out to you, Midwin Charles. If that were me or you, that blood alcohol would not be top secret.

MIDWIN CHARLES, DEFENSE ATTORNEY: Absolutely. I mean, this is going to be surprising to you, Nancy, but I agree with you, it would not be top secret. But one point I do want to make here is that, you know, she was arrested for -- and they found what they believe to be is cocaine, and so to me, I`d like to know some more facts here. Was it cocaine or was it not? They`re not being clear about that.

GRACE: Well, they`re not. I don`t think they have to be yet. In fact, very typically, Eleanor, isn`t this true -- remember when you and I were trying so many, so many, so many drug cases -- it takes a couple weeks to get a formal result from the crime lab, typically due to backlog. And it`s not until you get that formal result from the crime lab that you actually hand down an indictment.

DIXON: That`s right because you can`t really do anything until you have the actual level of alcohol or whether or not there are drugs in the system. And I don`t know about the crime lab in California, but if it`s here, it`s a little bit backed up.

GRACE: Well, another issue is we believe that the police field-tested it. It`s just like that, one, two, three, on the scene. And if they have sent it on to the crime lab, that tells me that it was positive and they`re getting a formal result. If it had been negative, if it had been baby powder or sugar or some other substance, they wouldn`t have bothered to send it on to the crime lab.

Out to the lines. Gran in Wisconsin. Hi, Gran.

UNIDENTIFIED FEMALE: Hey, how`re you doing, Nancy?

GRACE: I`m good, dear.

UNIDENTIFIED FEMALE: I enjoy the show. I just want to know where is Lindsay`s mother?

GRACE: Oh, good question. Out to you, David Caplan. Where is Miss Thing?

CAPLAN: Miss Thing, AKA Dina Lohan, is in New York, on the East Coast, on Long Island, where she lives.

GRACE: But why isn`t she there helping Lindsay Lohan? Didn`t the father, Mr. Gabby -- at least he did show up in California.

CAPLAN: Yes, no, you`re right. I mean, Dina is taking a lot of criticism for this. And earlier today, actually, I spoke with a friend of Dina`s, and he said -- the friend said that Dina is being on the East Coast because she has two other kids to watch. And I know you`re going to say she should be with Lindsay, which is true. But that`s sort of the line that the friends of the family are saying, she has to stay on Long Island, New York, because she has Alley (ph), who`s her younger daughter, who`s 13, and Dakota, who`s 10.

GRACE: Right. And to Dr. Marty MacKary, physician and professor of public health at Johns Hopkins. This whole spin now about OxyContin -- I think I would be more afraid of a driver under the influence of that than after having a couple of beers. What does OxyContin do to a person?

DR. MARTY MCKARY, PHYSICIAN: Well, when we prescribe OxyContin, we tell people that they cannot drive because it makes you drowsy. We really reserve OxyContin for severe cases of chronic pain, like long-term cancer patients or people in the final stages of illness. Oxycodone, which is a shorter-acting version, is something we give out routinely after abdominal surgery, for example.

GRACE: And very quickly, Sheryl McCollum, former director of MADD, Mothers Against Drunk Driving, Georgia -- have you seen that crash photo? Are people not going to take it seriously until there`s a kid on the front bumper?

SHERYL MCCOLLUM, FORMER DIR., MADD GEORGIA: I`ve seen the car. It petrified me when I saw it. And I agree with you. They`re probably going to have to wait until she kills somebody before they really take this as seriously as they should.

GRACE: Very quickly, we`ll all be right back on the story, but Let`s go to tonight`s "Case Alert." The search expands for a young mom who vanishes into thin air, central Illinois, never missing a single day of work, three years, Naomi Arnette last seen May 21. Friends say no way would she leave her seven children behind. DOT helicopters and search and rescue teams join county police in the search for Arnette. Arnette is 5-2, 95 pounds, last seen wearing a pink shirt and gray shorts. If you have info, please call 217-373-8477.



LOHAN: I don`t want to be known for what club I`m at because I`m 20 years old. What am I supposed to do, what, not go and hang out with my friends and -- I know they`re going to take my picture. The more that I try and have them not take my picture, they more they`re going to follow me more and antagonize in terms of paparazzi. They`re not going to have anything else to say anymore. They don`t have anything else to say anymore. So people are going to get -- it`s just -- I mean, it`s getting so repetitive.

I`m Lindsay Lohan.

UNIDENTIFIED MALE: Telling you please don`t drink and drive.

LOHAN: Be safe.


GRACE: That`s Lohan giggling at the end of a public service announcement against drinking and driving. Well, she was wrong. They`ve got plenty to talk about now. Hanging out with your friends, great, but crashing your cars, DUI and alleged cocaine, not so great.

Out to the lines. Cindy in Ohio. Hi, Cindy.

UNIDENTIFIED FEMALE: Good evening, Nancy. I was wondering, with so many companies in the United States adopting the drug-free workplace policy, are any of the movie companies adopting that policy? And if they are, are they drug-testing the actors that they`re hiring?

GRACE: Cindy, I`ve got a feeling we wouldn`t have any movies if they had that policy. What about it, Midwin Charles?

CHARLES: I mean, it`s quite an amazing question, and I actually think...

GRACE: Well, she`s right.

CHARLES: She is. She absolutely is. You`re right, we would not have any movies if that were the policy.

GRACE: And you know, this isn`t the first celebrity or really talented actress, actor, that has been in this kind of shape. Remember Robert Downey, Jr., fantastic, incredibly talented. And we see what happened. He had to do some serious jail time. But I would say the answer is no to Cindy.

But Alex Sanchez, what about insurance? Remember, Downey had to go buy his own insurance, very expensive for him to act again.

SANCHEZ: Yes. And you know, these companies that are producing movies, they`re concerned about their actors. They don`t want actors in the middle of, let`s say, a movie getting into an accident or getting arrested and jeopardizing huge profits. So you know, it would be in their interest to require them to take drug tests or alcohol tests.



UNIDENTIFIED MALE: She`s not 21 yet, as you said. She is under age. And everybody is wondering where the heck the parents have been. It`s good to have parental involvement. It`s good timing. But I`ve got to tell you, the guy`s been in jail for his own DUI problems. He was just in jail for an assault charge.


GRACE: Lindsay Lohan`s father speaking out, ratting her out for OxyContin. I wonder if the judge will hear about that.

Out to you, David Caplan with VH-1. do studios enforce drug tests? And has Lohan ever turned down a role because of that?

CAPLAN: Absolutely. Some studios definitely request a drug test for some films. And in fact, in the past few months, Lindsay Lohan was offered a movie role and was required to do drug testing, but she declined and she lost the role. And that role actually went to Siena Miller.

GRACE: What was the role?

CAPLAN: It`s an upcoming movie that hasn`t yet been titled.

GRACE: Are you sure about that?

CAPLAN: I`m sure. That`s a report.

GRACE: Out to Nancy in Rhode Island. Hi, Nancy.

UNIDENTIFIED FEMALE: Hi, Nancy. I love your show.

GRACE: Thank you.

UNIDENTIFIED FEMALE: My question was, is if she`s with her mother and other people in her entourage who are of age to drink, can they be charged with contributing to a minor for drinking?

GRACE: Eleanor Dixon, what about it? What about the enablers?

DIXON: Yes, they can be charged for giving her alcohol, especially in public. Some states have a law where a parent can give a child a drink in their own home, but that would be something -- you know, a glass of wine, something like that, but not out in public, where everybody`s having a big old party. So I think charges would be definitely appropriate here.

GRACE: For those that actually give her alcohol. But those that just surround her and enable her to -- former detective Donald Schweitzer, I don`t see a charge against those that just enable. And what about the stings on the bars? Do you really think they`ll be successful for trapping them serving under age?

DONALD SCHWEITZER, FORMER DETECTIVE, SANTA ANA POLICE DEPARTMENT: The family members cannot be charged for just being enablers, but I think that they do have a moral responsibility for calling a cab or being drivers for them. We all know that. As far as the sting in the bar is concerned, they work. You know, if the police actually get out there and start working undercover, they do work. In this case, it`s too late.

GRACE: Sibila Vargas, what`s next?

VARGAS: Well, what`s next is she`s going to be working on a new movie, believe it or not. She was supposed to be on the set of "Poor Things" as early as this week. And apparently, the producers are giving her a second chance, which I think she kind of needs a time out, though. Don`t you?

GRACE: When we come back, two toddlers drowned in a northwest Pennsylvania pond. Why? The baby-sitter taking a nap.



UNIDENTIFIED MALE: The unthinkable: The babysitter is supposed to be watching the kids, but in this case she wasn`t. Police say the sitter fell asleep while two toddlers drowned. Authorities aren`t releasing the name of the 18-year-old but say they`re not ruling out criminal charges. Many are asking, should the babysitter be facing time?

UNIDENTIFIED FEMALE: The two toddlers walked nearly a hundred yards behind the Walkers house where, according to Erie County coroner Lyell Cook, both girls accidentally drowned in a manmade fishing pond. Cook says the girls were in the water for less than an hour before the babysitter found them. The Pennsylvania State Police and the district attorney`s office are continuing the investigation.


GRACE: To northwest Pennsylvania, two toddlers drowned in a pond about 100 yards from their own home. Why? The babysitter was asleep, taking a nap. Out to you, Nicole Partin, investigative reporter, what happened? And why was the babysitter asleep? And why were the doors unlocked?

NICOLE PARTIN, INVESTIGATIVE REPORTER: Good evening, Nancy. A tragic story out of Pennsylvania. Apparently, the babysitter`s story is this. She put the children down for a nap. Then she, too, fell asleep. When she awoke, she went outside to look for them. She found them in the pond, floating. Unfortunately, they were already dead.

Now, the story goes that they have a playhouse right outside in the backyard, and she thinks that they wandered out of the house to play, wound up in the pond.

GRACE: How old is the babysitter?

PARTIN: The babysitter is 18 years old. And these two toddlers, 18- month-old Jenna Walker and 2-year-old Maggie Kovski, but, again, an 18- year-old. She falls asleep, she wakes up, the children are outside.

GRACE: Who are the children?

PARTIN: Little Jenna Walker, apparently, is a relative of the babysitter. And little Maggie is the daughter of a next-door neighbor that lives nearby.

GRACE: To Bethany Marshall, psychoanalyst and author, why wouldn`t she think of locking the door while they were all taking a nap?

BETHANY MARSHALL, PSYCHOANALYST: You know what? It`s not just her; it`s the parents who hired her. They broke all the rules of Babysitting 101, and that is, when you hire a babysitter or you get one to baby sit your children, it`s not just the age of the babysitter. It`s the maturity level. It`s whether or not the babysitter has judgment. It`s whether or not the house is secure, the consideration of whether or not there`s a neighbor nearby that could be called on for help.

And the most important part of Babysitter 101, is there an unsecured body of water nearby? And if so, you should not hire a babysitter to take care of your children. I think we need to place the blame on the parents, not this 18-year-old.

GRACE: Why on the parents? They hire an 18-year-old to take care of the children.

MARSHALL: Because I don`t think they -- I would want to know, how carefully did they evaluate the capacities of this 18-year-old? Was this 18-year-old responsible?


GRACE: You know what? Bethany, Bethany, at 18 years old, my father was over on a aircraft carrier fighting for his country. I don`t know what you`re talking about, it`s the parents` fault. They get an 18-year-old girl, who`s considered an adult in our society.

MARSHALL: But I`ll tell you where these parents fell down. They did not have the capacity to distinguish that this 18-year-old was not like your dad. That`s where they fell down.

GRACE: Disagree. Nicole Partin...

MARSHALL: And they should have distinguished that.

GRACE: ... how far away, you said 100 yards?

PARTIN: Right, right, 100 yards.

GRACE: That`s a football field.

PARTIN: Exactly, about the length of a football field.

GRACE: So what was she, Rip van Winkle? How long was she asleep? Had to get out of the house, they had to go 100 yards and get into the pond.

PARTIN: She`s saying less than an hour, that she put the children down for a nap. She was tired. She went to another room in the house. She fell asleep. About an hour later, she goes to check on the young girls. And apparently, at that point, she finds them in the pond.

GRACE: To Dr. Marty Mackary, physician and professor at Johns Hopkins, how long would it have taken for these children to drown? And what does the body go through during a drowning?

DR. MARTY MACKARY, PHYSICIAN, JOHNS HOPKINS: Well, just a few minutes, unfortunately. When we have a case of drowning, especially a child that`s drowned in the emergency room, the staff are personally disturbed. There are a few things that really personally disturb us, but the thought of not being able to breathe is one of those sensations that`s probably one of the most terrible things anybody can encounter. The body essentially shuts down, and there`s a sense of slight euphoria just after suffocation.

GRACE: So you don`t think that they suffered pain then?

MACKARY: It was essentially most likely a very quick inability to take deep breaths.

GRACE: Out to the line, Sara in Virginia. Hi, Sara.

CALLER: Hi, Nancy.

GRACE: How are you, dear?

CALLER: I`m good. I love your show.

GRACE: Thank you. What`s your question, Ms. Sara?

CALLER: My question is, what type of legal action or charges are going to be pressed against the babysitter, if any, at all?

GRACE: Right now they`re saying accident. But, Eleanor Dixon, does that preclude charges such as some type of a reckless homicide?

ELEANOR DIXON, PROSECUTOR: No, it doesn`t preclude those charges. The D.A. would have to look at the situation, because she could be charged with reckless conduct, gross deviation from the standard of care. And if that results in a death, she could even be charged with a third-degree murder or involuntary manslaughter. So there are some charges out there.

GRACE: To our defense attorneys, Midwin Charles and Alex Sanchez, I mean, this should strike fear in every parent`s heart, because I remember - - I was babysitting at age 13, 14, 15, 16. This girl is 18 years old. That is an adult, Midwin, in our society. Why are the parents to blame?

MIDWIN CHARLES, DEFENSE ATTORNEY: I don`t think the parents are to blame here. We should not jump to conclusions and assume that the parents didn`t do a diligent job in hiring this 18-year-old. For all we know, she could be an honor student, she can be quite prudent and reasonable in watching those children.

GRACE: Possible charges, Alex Sanchez?

ALEX SANCHEZ, DEFENSE ATTORNEY: You know, she could be charged with manslaughter, just as the other attorneys said, but I`m trying to figure out, what is it that this young girl had done wrong? Because she went to sleep? If she secured those children in the bed, and that door was locked, and she was under the belief system that they were safe, and she decided to take a nap, what is the criminal offense there? If you determine that she is somehow criminally liable for going to sleep, then every American tonight who has children that goes to sleep and they have custody of those children is facing potential criminal charges.

GRACE: You know what? That is an excellent point. I would like to find out -- and I understand it was in broad daylight. Is that correct, out to you, Nicole, was it daytime?

PARTIN: It was. Apparently, the 911 call came in around 11:15 a.m. on Wednesday morning. So, yes, it was broad daylight outside.

GRACE: Back out to former Detective Donald Schweitzer. Donald, I don`t know really what to think. Falling asleep while you`re supposed to be taking care of children, apparently not locking the door -- they had to go 100 yards. They`re only 18 months old, and the other one is 2. It had to take them a long time to get that far and then drown. How long did this girl sleep?

DONALD SCHWEITZER, FORMER DETECTIVE: I don`t know, but if I were the investigators in this case, I wouldn`t just take things at face value. It takes a while for two little-bitty kids to get down that hill and get into the pond. So I think that they may look at this closer, and everybody needs to wait until this investigation is over with.

GRACE: I agree, and I`d like to know more about the babysitter. But I can tell you this much: I don`t see fault on the parents tonight.

When we come back, did police botch the first critical 48 hours after the disappearance of a 3-year-old baby girl, Maddy, snatched from a luxury resort vacation while her parents were at a dinner party?




UNIDENTIFIED MALE: Police say they removed numerous items during their search of Robert Murat`s home, which remain part of the inquiry. Police say they completely searched the villa, but detectives spent less than a full day collecting the material and allowed the family to return, leading some to question how thorough they actually were.

UNIDENTIFIED MALE: It seems as though they`re very little going on.

UNIDENTIFIED MALE: I hope they find her, but, you know, it seems, you know, as though -- I`m sure they`re trying, but the police presence doesn`t seem to be massive, which I thought that, you know, maybe it would be.


GRACE: A 3-year-old baby girl snatched from a luxury resort vacation, her parents attending a dinner party. The children were left alone, but the parents were only a few yards away from the condo they were renting. It is now day 28 since baby Maddy McCann went missing. Is it true that police botched the critical first 48 hours of the investigation?

Out to Nicole Partin, what happened? And what are the allegations against police and investigators?

PARTIN: Well, what we`re hearing at this point, Nancy, is that none of the surrounding holiday apartments or these rental condos have been searched. None of the people that were staying there the evening that little Maddy went disappearing had been questioned. So questions are beginning to rise: Did the police step up to the plate? I mean, why not go in -- they say there are master keys to all of these apartments. Why not go inside, see what we can find, question every person in those surrounding apartments?

GRACE: Well, I`m very concerned. Are you telling me that they did not search the apartments, the resort hotel rooms right around where she went missing?

PARTIN: Exactly. Apparently, there are many other of these apartment condos surrounding where little Maddy was taken from. You know, and the owners of these places said, "Look, we have keys. You are welcome, go in, search." But authorities never took advantage of that.

GRACE: And is it true that the description of the suspect was incorrect?

PARTIN: Yes. Police did release a description of a suspect who was seen carrying a young child the night that Maddy went missing, but apparently witnesses, after reading the description, said, "This is wrong. The guy was three inches taller than the description that you`re giving."

GRACE: And is it true that the parents are now taking tips from psychics?

PARTIN: Apparently so. They are going to psychics, and the authorities are trying to, you know, piece this together and saying, "All right, let`s see what the psychic says." Also, interesting to note that the parents are, at this point, trying to keep the story alive. We`re so many days out. They`re doing everything they can now to, please, keep the word of little Maddy going.

GRACE: Take a listen to this.


UNIDENTIFIED MALE: Police say they completely searched the villa, but detectives spent less than a full day collecting material and then allowed the family to return, leading some to question how thorough they actually were.

UNIDENTIFIED MALE: It seems as though they`re very little going on.

UNIDENTIFIED MALE: I hope they find her, but, you know, it seems, you know, as though -- I`m sure they`re trying, but the police presence doesn`t seem to be massive, which I thought that, you know, maybe it would be.

UNIDENTIFIED MALE: The spotlight now turning to police, who are under increased scrutiny after a series of foul-ups, including not checking vacation homes in the area, publishing the wrong description of the suspect, and not taking DNA from Maddy`s toy cat. A piece of evidence some experts fear may have contained crucial clues.


GRACE: Back out to you, Nicole Partin. Tell me the circumstances around which she was taken. Was it through a window, a door? Had they been locked?

PARTIN: Apparently, the door was not locked. The parents were just a few yards away, having dinner, and periodically the mom or the dad -- they would take turns, come back, check on the children, go back to the dinner party, come back, check on the children. They went back to check at one point, and little Maddy was gone.

GRACE: Out to you, former Detective Donald Schweitzer. Those first 48 hours -- in my mind, 72 hours -- why are they so critical?

SCHWEITZER: Nancy, they`re so critical, because if that child is anywhere near that location, that`s the time to find her. You know, if you wait beyond that time, then the abductor can take the child, obviously, to a different place. This is poor police work. I think it shows that we take it for granted sometimes the police services we get in our own neighborhoods.

GRACE: Out to the lines, Colleen in Oklahoma. Hi, Colleen.

CALLER: Hi, I just have a quick question. I`m wondering when we`re going to start holding these parents responsible for leaving small children alone while they go to a dinner party?

GRACE: Out to you, Midwin Charles. The parents have been taking a lot of heat. Do you suspect there will be any charges against them?

CHARLES: It`s entirely possible. I mean, one of the charges that is possible here is negligent supervision of a minor.

GRACE: Sanchez, agree with her?

SANCHEZ: It`s unlikely charges will be filed against them. I mean, technically you may have legal charges, but because of the worldwide publicity here, and because of the egregious nature of what occurred, more likely than not, the authorities are going to take a pass on that.

But, you know, Nancy, you know what the most egregious violation of this investigation was? For the police not to immediately get tracking dogs on the scene within two hours, because you get tracking dogs, all they need to breathe in, or smell a few molecules of this child`s body, or something that she had worn...

GRACE: Or that little toy, Alex.

SANCHEZ: ... and they could track that kid one, two, three.

GRACE: The little toy, Alex. You know what? You`re right.

SANCHEZ: The toy would have taken them right to that kid, and they didn`t do it. And not only don`t they do it here, they don`t do it in many other jurisdictions for some peculiar reason.

GRACE: And, Alex, it`s so obvious that that is what they need to do. You know, there couldn`t have been over a couple hours that passed before they realized it. I mean, even if you look at it in the light worst for the parents, they said they were checking back every 20 to 30 minutes. And I believe them.

Out to you, Eleanor. Why no tracking dogs? What were they thinking?

DIXON: Who knows what they were thinking? But it`s just so sad. As you said, it`s the first 48 hours that are so critical. They didn`t even do a search of all the rooms around the area. Just think if little Maddy had gone into some empty space by herself. Nobody took her. Maybe they could have found her immediately, if that`s the case. We`ll just never know, because of the poor search.

GRACE: And, very quickly, Nicole Partin, what about the chief suspect?

PARTIN: Yes, apparently there is this one suspect. Authorities are now trying to track cell phone records, calls that he may have made in the area. But, again, they`re saying there is no evidence to lead them to pursue him.

GRACE: Very quickly, switching gears, tonight, "CNN Heroes."


KEN NOGUCHI, "DEFENDING THE PLANET" (through translator): Before I was known for being the youngest one to climb the highest peaks, but recently people say, "Oh, it`s the garbage guy." I started picking up trash on Everest eight years ago.

My name is Ken, and I refresh and also clean the mountain.

When I first climbed Mount Everest, it was full of garbage. Especially Japanese garbage stood out. Many European alpinists reproached me, saying, "You Japanese have bad manners."

I really felt terrible. It`s obviously Japanese garbage; anyone can see that. So I thought, if it`s so obvious, we should clean it up. Cleaning Everest is especially tough. Many times I thought I would quit because it was so hard. But if I stop, all I`ve endured loses its meaning.

On Mount Fuji, we clean year-round. First, we teach the volunteers how to separate for recycling, but then the important thing is to explain to them why we are picking up the garbage. When I find this dangerous garbage, I feel the sense of crisis firsthand. I do this because it`s my social responsibility.

With such a mission, rather than doing it quietly, it is better to advertise. So if I become a hero and lots of people start coming, them being here is a good thing, isn`t it?




UNIDENTIFIED FEMALE: The first 48, 72 hours in particular were, as you can imagine, very difficult, and quite dark, and it was quite difficult to function. And since that time, through people`s help, we have gotten a lot stronger.


GRACE: Day 28 since baby Maddy was snatched from a luxury resort vacation. Out to the lines, Linda in Texas. Hi, Linda.

CALLER: Nancy, you`re great.

GRACE: Thank you, love. What`s your question?

CALLER: Yes, I would like to know if they have interviewed the staff of this hotel, that they may have tipped somebody off that this child was being left unattended?

GRACE: Oh, good question. What about it, Nicole Partin?

PARTIN: We do know that, I think, a few people have been questioned. But let`s think for a moment. This is a luxury hotel. There have to be cameras; there have to be guards out there. Let`s ask and look at those.

GRACE: And I understand that it took days for them to even look at that surveillance video. To Dana in Oklahoma, hi, Dana.

CALLER: Hi, Nancy. I wanted to say that I love you and your show.

GRACE: Thank you, Dana, thank you.

CALLER: My question is, the children that was in the room with this little baby girl, did they hear or see anything that could be valuable to them?

GRACE: Right. Good question. Nicole, what do we know?

PARTIN: Apparently not. These children aren`t saying anything; they didn`t hear or see anything.

GRACE: And, of course, they`re so young, their perception, and were likely asleep, as well.

Let`s stop tonight to remember Army Private Anthony Sausto, 22, Lake Havasu City, Arizona, killed, Iraq, first tour of duty. He loved the Army, hoping for a military career. Known as A.J., caring, compassionate. He loved video games, church retreats, and camps. He leaves behind grieving family, two siblings, nieces, nephews, girlfriend, Carlie. Anthony Sausto, American hero.

Thank you to our guests, but most of all to you for being with us. Until tomorrow night, 8:00 Eastern, good bye, friend.