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Nancy Grace
Doc Refuses to Pay Strip Club Bill; Teachers Caught Beating Autistic Boy
Aired April 23, 2014 - 20:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
NANCY GRACE, HOST: Breaking news tonight. A well-respected cardiologist refuses to pay a $135,000 strip club bill, claiming he was drugged, drugged four times? But why does he keep going back? Bombshell tonight. Our investigation reveals the doctor signed all his own American Express bills at the strip club. Hey, Doctor, you`re busted!
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: A cardiologist is accused of trying to skip out on a huge bill from a strip club to the tune of over $135,000. The doctor denied the charges, saying he wasn`t there, and later saying he must have been drugged by the staff. The strip club says they have camera footage that proves the doctor was at the club.
(END VIDEO CLIP)
GRACE: And tonight, caught on tape. We go live to a quiet community that explodes with serious allegations, two so-called special ed teachers giving a little autistic boy a horrendous beating, shoving the boy to the floor, beating him in the head, even choking the little autistic boy, the child having no way to go home and tell Mommy and Daddy, if it weren`t for another brave teacher so shocked she records the whole thing on her cell phone in secret. Tonight, we want justice!
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: ... this special education student, who according to police is on this video being choked, hit, and beaten in this Harper Archer (ph) middle school classroom. His mother says the video shows her 11-year-old autistic son being mistreated, hit, and tossed around by another teacher`s aide.
(END VIDEO CLIP)
GRACE: And to Little Falls, Minnesota. A 65-year-old hears a noise in the broad daylight. He grabs his guns and shoots, gunning down two all- American neighborhood teens that broke into the home. The case takes a bizarre turn when homeowner Byron Smith (ph) says he kills them both with, quote, "a good clean shot" to the head. Tonight, self-defense or murder?
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Sixty-four-year-old Byron Smith admitted to police that he shot and killed 18-year-old Haley Kifer (ph) and her cousin, 17- year-old Nick Brady (ph), after they broke into his home.
UNIDENTIFIED MALE: Prosecutors allege Smith was lying in wait in his basement, armed and planning to kill the teens.
UNIDENTIFIED FEMALE: And then you hear Nick Brady groaning. Then you hear another bang, and Byron Smith says "You`re dead."
(END VIDEO CLIP)
GRACE: And to Wellsville, Utah, a 2-year-old little boy fatally shot in the family living room, shot with a loaded rifle belonging to Daddy. Tonight, no charges?
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Police say the 2-year-old`s death was a tragic accident, and as of now, no charges have been filed. But the question remains, why was the 3-year-old able to get her hands on a rifle and fire off the deadly shot?
(END VIDEO CLIP)
GRACE: That video from ABC`s "GMA."
And then to Kansas, a murder suspect getting ready to defend himself on murder charges. But in addition to getting a story and his witnesses together, he demands the court give him a free tattoo removal, claiming his tattoo that says "murder" around his neck could give the wrong impression.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Strong reactions to Jeffrey Chapman`s (ph) tattoo.
UNIDENTIFIED MALE: That`s ridiculous. Why would you ever get that?
UNIDENTIFIED FEMALE: Here you can see the word "murder" in big block letters.
UNIDENTIFIED FEMALE: The focus is quickly shifting from the crime to the accused`s tattoo.
UNIDENTIFIED MALE: Appearance of the defendant makes a lot of difference.
UNIDENTIFIED FEMALE: Chapman`s attorney say the tattoo needs to be removed.
(END VIDEO CLIP)
GRACE: Good evening. I`m Nancy Grace. I want to thank you for being with us.
Bombshell tonight. A well-respected cardiologist refusing to pay nearly $200,000 strip club bill, claiming he was drugged, drugged at the strip club. But four times? Why did he keep going back?
Our investigation tonight reveals this doctor, a well-known cardiologist -- he`s in practice with his father and his twin brother, all of them cardiologists -- he signed his own American Express bills at the strip club! Uh-oh, Doctor. You`re totally busted! A well-known cardiologist. Do you want this guy operating on your heart?
Straight out to Michael Board, WOAI. What happened, Michael?
MICHAEL BOARD, WOAI: Well, Nancy, the lawsuit alleges that over a 10- day period, Dr. Zyad Younan went to the Scores strip club four times, racking up a bill of about $135,000. Nancy, that`s more than most people`s houses. And he was spending his money. Apparently, there they sell champagne bottles for $1,000 a bottle.
GRACE: Whoa, whoa, whoa, whoa! Wait, wait, wait, wait! A thousand dollars for a bottle of champagne?
BOARD: For one...
GRACE: Dinner $250, cover charge 20 bucks, drinks, dance packages up to $750. And isn`t it true, Michael Board, you go into a private room for $1,000 an hour, and the, quote, "girls" are extra on top of that $1,000 when you go in these private rooms? What was this doctor doing?
BOARD: Yes, you wonder what this 41-year-old doctor was doing with these girls much younger than he is in these back rooms. They won`t tell you what goes on back there, but Nancy, we both know what goes on in the back...
GRACE: Whoa! OK. Hold on! Hold on! There`s the private room. I like that pit (ph) (INAUDIBLE) Can I see the private room again? I`ve never actually seen one. And trust me, I`ve been in a lot of strip clubs, I`m sad to say, looking for witnesses to felonies. But I never actually made it back to the Presidential Room that caps out at $1,000 a night.
Everybody, a well-respected cardiologist racks up nearly $200,000 at Scores strip club, now refusing to pay. His defense is "I was drugged" not once, twice, three times, but four times. He`s refusing to pay. And you know, this cardiologist is rolling in money.
We are taking your calls. Kelly in Kentucky. What`s your question, Kelly?
UNIDENTIFIED FEMALE: Hey, Nancy. I just want to know, this $135,000 bill that he racked up in what was less than a week -- I want to know, was he -- did he have a line of credit at the strip club or did...
GRACE: Good question.
UNIDENTIFIED FEMALE: ... or was he -- was he using...
GRACE: Let`s answer that question, Kelly in Kentucky. Let`s go to Mark Yackow, COO of Scores strip club. Mark, thank you for being with us.
MARK YACKOW, COO OF SCORES (via telephone): My pleasure.
GRACE: Mark, first of all, do you get a line of credit? How does it work? How can you rack up $135,000? I mean, when I go to Target and it`s over $200, they make me show my driver`s license. So how can he rack up about 150 grand in strip club charges?
YACKOW: Every time he does a transaction, whether it`s the purchase of liquor, to go into a private champagne room or to...
GRACE: What`s a champagne room? Hold on. Mark, what`s a champagne room?
YACKOW: It`s a private room, just a private room, nicely decorated, with music...
GRACE: You know what?
YACKOW: ... a TV in there...
GRACE: You know what, Mark Yackow? No offense, but that`s like putting perfume on the pig. You`re calling a private room where you take a bunch of strippers a champagne room? I think they`re doing more than sipping champagne. Maybe a little juice and gin`s going down back there.
OK, so Mark, how did he rack up 150 grand?
YACKOW: Well, he was there -- just to correct the record, he was there three different times. But one of the evenings, he started before midnight and he ended after midnight. So that`s how the four dates came upon (ph). But he was there three different times. And each time, when he came in he came in, he came in and he took six or seven girls into the private room for (INAUDIBLE) multiple hours, for...
GRACE: Whoa! Wait a minute! Mark Yackow, I`m getting more details than I bargained for. So this cardiologist -- let`s just say, you know, my brother, my father, everybody`s got heart problems. Do I really want a guy hovering over my father in open heart surgery, or my brother, after he`s been out with seven strippers in the champagne room all night long?
So how much would it cost to take seven strippers in the champagne room?
YACKOW: Well, they get paid approximately $5,000 an hour for the girls and the room...
GRACE: OK, that physically hurt me.
Unleash the lawyers. Joining me tonight, Gary Casimir and Peter Odom. All right, Peter, his defense is, I don`t remember a thing, they drugged me.
PETER ODOM, DEFENSE ATTORNEY: In a case like this, he better have some evidence to show that he was drugged. They`re going to have signatures on those cards. They`re going to be able to show that at least he was conscious enough to write his signature. So they`d better show presumptive evidence that he actually was drugged, or he`s going to lose.
GRACE: OK. You`re supposed to be taking the defense. All right, Casimir, see if you can do any better.
GARY CASIMIR, DEFENSE ATTORNEY: Well, I think...
GRACE: What`s your defense?
CASIMIR: Yes, I think at this point, he`s going the right way. I think he`s saying that he was drugged, that he was incapacitated at the time.
GRACE: Four times in a row?
CASIMIR: It`s possible. Four times in a row, he keeps getting drunk. Like most habitual alcoholics, he keeps going back to the place...
GRACE: Put him back up!
CASIMIR: I`m sorry?
GRACE: OK, could you repeat that, Casimir?
CASIMIR: Like most...
GRACE: So he gets drugged...
CASIMIR: ... habitual alcoholics...
GRACE: ... then he goes back...
CASIMIR: ... he keeps going back and getting high.
GRACE: OK, but alcoholics -- that`s different from being drugged.
CASIMIR: No, absolutely. Alcoholic or drugged. He claims that they drugged him. But let`s say, for example, he`s incapacitated, whether it`s drugs or alcohol, he can`t make a decision.
GRACE: What do you mean...
CASIMIR: You can`t hold a guy responsible -- and you can`t keep serving a drunk guy alcohol. If he goes out of the place and kills somebody, (INAUDIBLE) will hold you responsible. The same thing with signing bills.
GRACE: Gary? Gary, did you hear the Scores guy, the COO of Scores? He just said he took seven strippers back to the champagne room, and they make five grand an hour. I think they`re doing a little more than serving champagne, Gary. He`s not...
CASIMIR: Absolutely. But the question becomes...
GRACE: So his claim -- you know what? I think the answer to this is to find out if he was out of his gourd with all of those strippers...
CASIMIR: Absolutely.
GRACE: ... or if he was, let me see, performing normally.
Back to Mark Yackow, COO of Scores. So Mark, have you guys actually filed a lawsuit, or are you planning to file a lawsuit?
YACKOW: We have filed a lawsuit.
GRACE: And did you try to get the money from him before you filed a lawsuit?
YACKOW: Absolutely. As a matter of fact, his claim is he was never even in the club, that he was drugged outside the club, and the girls took his credit card and his passport and came into the club three different times. It was absurd.
GRACE: Well, let me ask you this, Mark Yackow. Strip clubs are a lot like casinos. They`ve got videocameras everywhere, basically to make sure nobody steals. But this place is blanketed with videocameras, right? Don`t you have videocameras of him being in there?
YACKOW: Absolutely. And I offered him to come in, to show him the video that he was in the club. He refused.
GRACE: Well, let me ask you this. The other day, "USA Today" did a profile of this doctor, Dr. Zyad Younan, a well-known cardiologist with his father and his brother, because they`re all three cardiologists. Do you think his Daddy knows that he`s spending nearly 200 grand at a strip club and he`s going to be the target of a lawsuit?
YACKOW: He probably knows now.
GRACE: Well, he probably knows now. Well put. OK, cardiologist is going to operate on you the next morning, out all night with seven strippers in the champagne room.
While get your mind around that, when we get back, caught on tape, two so-called special ed teachers giving a little autistic boy a horrendous beating, shoving the child to the floor, beating him in the head, laughing, making fun of him, even choking the little autistic boy.
(COMMERCIAL BREAK)
GRACE: Caught on tape. A quiet community explodes with serious allegations, two so-called special ed teachers giving a little autistic boy a horrendous beating, shoving him to the floor, hitting him in the head, even choking the little autistic boy as they laugh and jeer and egg each other on to beat the child. This is at school, the child having no way to go home and tell Mommy and Daddy, if it weren`t for one brave teacher who was so shocked, she recorded the whole thing on her cell phone. Tonight, we want justice!
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: She says she recorded Coleman repeatedly assaulting the student while the second aide egged him on. Their attorney says the school shouldn`t have ignored this teacher`s claims. Parents thank God for this teacher and her hidden camera.
(END VIDEO CLIP)
GRACE: The video goes on and on. It`s heart-wrenching. We`re going to show you most of it, but some of it is absolutely too painful to see.
Can you imagine, as a child, first of all, being beaten -- oh, she`s going to throw him down. And when you hear the audio, you can hear the thud when the little boy slams into chairs and -- oh! Ooh! That`s a grown man beating this little child in the head. And this woman, you`d think she`d have some kind of maternal instinct. Forget about it! And if you could hear the audio, they`re egging each other on. They`re making fun of the little boy.
Can you imagine, every day, you leave your child at school, every day, thinking they`re being taken care of. And now this mom finds out this is what`s been going on with her child who, to top it all off, is autistic.
Ninette Sosa joining me from All News 106.7. Ninette, thanks for being with us. I`m just -- I`m disgusted!
NINETTE SOSA, ALL NEWS 106.7 (via telephone): Nancy, not just disgusted, but Alger Coleman, who`s shown in that video -- his title is behavioral specialist. How can you be a behavioral specialist and you`re the one that cannot even control your behavior, literally...
GRACE: Does this guy have a record?
(CROSSTALK)
GRACE: Ninette, does this guy Alger Coleman have a record?
SOSA: Not that I`m aware. I did not do any back research. But right now, he is already being charged with first degree child cruelty and battery. As far as the woman in the video, she has yet to be charged.
GRACE: Why does a guy with an arrest record -- why is he working with children, much less autistic children? I don`t get it. And why isn`t the woman charged? Evil, evil, evil!
Clark Goldband, what else can you tell me?
CLARK GOLDBAND, NANCY GRACE PRODUCER: Well, Nancy, authorities say this tape was brought to them by the classroom teacher. And why this happened is the teacher of the classroom claims she went to the administration multiple times, and they said it turned into a "He said, she said" situation. So the teacher sets up a camera and then turns over the footage to authorities. She`s shocked at what she sees.
GRACE: Clark! Clark! Hold that thought! Are you telling me this brave teacher had complained before, and they didn`t do anything?
GOLDBAND: Well, that`s what the teacher says, Nancy. Now, we...
GRACE: Oh, they`re all going to hell!
GOLDBAND: ... contacted the school, and they directed -- we contacted the school, and they directed us to the superintendent. According to reports, they would not discuss specific allegations related to this case, but say they take school safety very seriously and are...
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: I was heartbroken. I was very heartbroken. I really just couldn`t believe the school would let this go on.
UNIDENTIFIED MALE: Coleman faces charges of first degree child cruelty and simple battery.
(END VIDEO CLIP)
GRACE: First degree child cruelty and simple battery? Uh-uh! This needs to be aggravated assault. When you have an aggravated assault, you use a weapon, and in this weapon (sic), his fists. That`s what I`m screaming tonight.
Everybody, he is a special educator for special needs children. This child is autistic. How many beatings has he suffered?
Joining me right now is a very special guest who does not want to be identified -- I`m calling her Dr. J -- the teacher who secretly videotaped students being beaten in a classroom. Dr. J, thank you for being with us.
"DR. J," VIDEOTAPED BEATING: Thank you, Nancy. I`m happy to be here.
GRACE: You know what? God bless you. God bless you because what they would do to that child, you must be afraid of what they would do to you if they find out you`re the one that did the video.
DR. J: You know, I am of the repercussions for setting up the video. As a result, I have not been able to return back to that work environment.
GRACE: Is it true, Dr. J -- Liz, I want to see the video again so the viewers know what we`re talking about. Is it true, Dr. J, that you told authorities at the school that these two were abusing children and they did nothing?
DR. J: I have been complaining about them from the first month of school. We met numerous times, and just no result. It turned into just a big blame game.
GRACE: You know, Dr. J, it`s so upsetting to parents. Are you a mother, may I ask?
DR. J: I am a mother of two beautiful twins and a 4-year-old son.
GRACE: When you think -- because, you know, we have to work. When you think your child`s at school, you have no idea what`s happening. And do you know it took my little girl a full year -- well, really -- let me -- let me -- it took about six months for her to tell me she had a bully at school.
DR. J: Wow.
GRACE: Yes, six months. She was embarrassed. She thought it was her fault. You know, then I find out all the other mothers know about the bully. But how could this child, who is autistic, tell his mom and dad what was happening?
DR. J: They weren`t able to. And it was very painful to watch this go on. And you know, I didn`t expect setting up the tape to get the shocking, you know, act of Mr. Coleman. I didn`t expect that. And upon seeing it, I just lost it. I was really, really -- and continue to be emotionally distraught over the whole situation.
GRACE: Well, Dr. J, what were they saying to the little boy? Why did they start beating him?
DR. J: You know, I was in the classroom at the time, but I was behind a partition with another student. So while I didn`t witness that action myself, I could hear them saying -- Miss -- well, the paraprofessional, the woman, she was saying, you know, You`ve gone soft, to Mr. Coleman. You`ve gone soft. You used to be able to have control of the students. You don`t have control of him anymore. You know, You`re soft. You`re soft. And that`s kind of what prompted his behavior.
GRACE: With me right now, in addition to Dr. J speaking out in shadow, is Terance Madden, the attorney for the parents of the child caught on tape abused by school aides. You know, Terance, nobody would have ever believed this if she had not take that videotape. They would never have believed it.
TERANCE MADDEN, ATTORNEY FOR PARENTS: This is a travesty. And this is the type of thing that doesn`t go on because there aren`t any videocameras in there. It`s very important to know that these children cannot speak. They`re what we call nonverbal. So they make sounds, but they can`t speak. They can`t go home and tell their mother or their father that this happened to them. They can`t talk to the principal about this.
GRACE: Unleash the lawyers. In addition to Terance Madden, Gary Casimir, Peter Odom. OK, Casimir, let me hear your defense. What I don`t understand tonight is why the woman isn`t charged, too. She`s there egging it on, she`s taking part, she`s the one that throws the little boy down. I got to hear your defense.
CASIMIR: Well, I would -- I don`t think there`s any defense for Coleman, but for Geisha Smith, I think there may be a defense for her in the sense that her -- the video can be misinterpreted as being too rough. But I don`t necessarily see it. I don`t think there was enough physical injury done. Clearly, she probably shouldn`t be with children...
GRACE: She threw the boy down on the ground...
(CROSSTALK)
GRACE: ... fell into a chair.
CASIMIR: No, she -- obviously, there`s -- on the video, it looks rough. But I don`t think they had serious injury here or enough of an injury to cause a criminal charge with Keisha. I do think this behavior is reprehensible, and she shouldn`t be around children.
GRACE: Do I believe you are my lying eyes. You know, Peter Odom, are you going to be just an echo, or do you have another defense? You know, The video`s lying.
ODOM: I would take a step back, if I were these people`s attorneys. It sounds to me as if the Atlanta public schools or people in the administration somehow either condoned this behavior or required it as part of handling these children. That supervisor was egging that man on to do this. And then the administration at that school wouldn`t do anything about it...
GRACE: So you`re basically blaming the bosses. OK, there you have it. With us tonight, the attorney representing the children, Terance Madden, and also, Dr. J, who speaks out. What if this guy`s taking care of your children? Do you know what`s happening in your child`s classroom?
When we come back, a 65-year-old hears a noise in broad daylight. He grabs two guns and starts shooting, gunning down two all-American neighborhood teens that broke into his home. Tonight, self-defense or murder?
(COMMERCIAL BREAK)
GRACE: And now to Little Falls. A 65-year-old man hears a noise. It`s broad daylight, lunchtime. He grabs two guns and starts shooting, gunning down two neighborhood teens that have broken into his home. The case takes a bizarre turn when the homeowner, Byron Smith, says he kills them both with quote, "a good clean shot to the head." Also saying "you`re dying, bitch," before shooting the girl a second time. Dragging both bodies onto a tarp so they wouldn`t bloody his carpet, and waiting until the next day to call a neighbor instead of 911. Tonight, self-defense or murder?
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: For the 65-year-old man accused of going too far and murdering two unarmed teens who broke into his house, 17-year-old Nick Brady and his cousin, 18-year-old Haley Kifer.
UNIDENTIFIED MALE: At that time noticed that the second victim was still gasping. Mr. Smith told us he then placed his .22-caliber pistol under the victim`s chin and fired a final shot.
UNIDENTIFIED MALE: What he called a good clean finishing shot.
(END VIDEO CLIP)
GRACE: And that final -- that final shot was as the teen girl lie on the ground gasping for air, already having sustained one gunshot. Now, this is what`s interesting. This is taking place in the jurisdiction of Minnesota. And there they have the castle law, which really protects the homeowner. In the last hours we`ve also learned that this homeowner, Byron David Smith, once worked with the State Department. That he had been burgled before. That even his war medals from the Vietnam War and more had been stolen. We also learned that the night of the shooting of the two teens he parks his car about three blocks away to trick people into thinking he`s not home. Straight out to Jack Tomczak, joining us from KTLK. Jack, what happened?
JACK TOMCZAK: Thank you, Nancy. Well, it appears that Byron Davis had had his home broken into a number of times, and he prepared himself this time and these two kids, one was 17 and one was 18, picked the wrong house that night to break into.
GRACE: Now, is it true, Tom, is it true, Jack Tomczak, that he first shot the teen boy? And granted, they were intruding on his home. They were coming in to burgle. They had broken into other homes before. We all know that. They were unarmed. They come into the home. Is it true that he shoots the one teen, Nick Brady, and then after Brady`s down, he shoots him again, and drags his body on a tarp so he would not bloody his carpet?
TOMCZAK: Yes. 17-year-old Nick Brady was shot first. And then it proceed as you said. Then 11 minutes passed between the first shooting and when the young lady, 18-year-old Haile Kifer, went downstairs whispering for her cousin, and then he shot her second.
GRACE: Now, he shoots her, Jack Tomczak, KTLK, we hear all this go down because this guy has security cameras with audio. And we have heard the audio, and you hear the girl say, Nick, Nick. She`s calling for her cousin. Then we hear the gunshot. You hear her scream. You hear a thud. Then you hear the homeowner. You hear Byron Smith dragging her body and he says, "you`re dying, bitch." Then time passes and then another shot, where he shoots her clean in the head. As she`s lying there dying, right?
TOMCZAK: Yep. And his rationale was that he didn`t want -- he didn`t want her to suffer. But I think, and I`m no attorney, that at that point the threat against him had been neutralized, and that final shot is going to be what gets him.
GRACE: Unleash the lawyers. Gary Casimir, Peter Odom, but also with us Caryn Stark. Caryn Stark, I understand he had been burgled before, but the fact he parks his car three blocks away, the fact that he shoots the teens and then shoots them again in the head, then waits till the next day to call a neighbor. He never calls 911. The neighbor calls 911. But it`s his home. And in this jurisdiction, Minnesota law, you don`t have to prove you were in fear. The state has to prove you were not in fear. That`s different than a lot of jurisdictions, Caryn.
STARK: That may be true, Nancy, but this rings of something that is all about revenge and has nothing to do with the actual circumstances, because he kept going, because of his obvious glee in having come upon them. The fact that he parked his car someplace else. So this was somebody who was really intent on nabbing the next people that would burglarize him and really enjoyed the process of doing this.
GRACE: Unleash the lawyers. Peter Odom, Gary Casimir. Peter Odom, the law is, in black and white, that for self-defense, you are allowed to exert the amount of self-defense necessary to protect yourself. Now, I know we`ve all seen the horror movies where you think the person`s dead and they lay there and all of a sudden they rise up and attack you again. But in this case, he`s already shot the girl, drags dragged her body on a tarp so she wouldn`t bleed on his carpet. Then he shoots her again. Now, that is exerting more force than necessary to stop the threat, I think, Peter.
ODOM: Except, Nancy, as long as those people are committing a forcible felony in your home, you can do what`s necessary to stop the forcible felony. This is not going to be murder.
GRACE: Does that extend to after the child -- after the teen is down, you shoot them again in the head? And remember, he said to her, you`re dying, bitch. Drags her body across on a tarp. Then puts the gun about six inches from her head and shoots her again.
CASIMIR: What he`s going to have to prove here, Nancy, is that he was still afraid for his life, that the guy could have -- that she could have gotten up, that she had a weapon. Look, these teenagers, your all-American teenagers that you described, are breaking into people`s homes. He knew he had been broken into before. And for the first time, Nancy Grace is saying these criminals are not so bad.
GRACE: I`m not saying that. I`m not saying anything. I`m trying to find out the truth. I don`t know the truth yet. I can`t -- a lot of times, to both of you, a lot of times you can look at the facts, you can look at the evidence, and you have a very good idea about what the truth is. Here, I don`t have a good idea about what the truth is, because if somebody broke into my parents` home and they shot them dead, I know my parents would never do a thing like that unless they were in fear for their life. But back to you, Jack Tomczak, isn`t it true he parked his car three blocks away to give the appearance that nobody was home?
TOMCZAK: That`s what it appears. And it`s tough to argue that this guy didn`t know or at least suspect that something was going to happen if not that night a night around there.
GRACE: Homeowner guns down teen burglars. Right now he`s claiming self-defense. These teens broke into his home to burgle. They had been breaking into homes all over the neighborhood. What`s the right answer? It`s going to a jury. When we come back, a 2-year-old little boy fatally shot in the family living room. Why? Because daddy leaves out a .22- caliber loaded rifle. A 3-year-old girl shoots dead her 2-year-old little brother. Tonight, no charges. And I`m not talking about the 2-year-old girl. I`m talking about daddy.
(COMMERCIAL BREAK)
GRACE: And tonight, to Wellsville. A 2-year-old little boy fatally shot in the family living room. Shot with a loaded .22-caliber rifle. Laying out, belonging to daddy. Shot by his 3-year-old little sister. Tonight, I`m not talking about the 3-year-old girl going to jail. Why no charges against daddy?
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Police say a 3-year-old girl picked up a .22- caliber rifle and fired a shot, killing her little 2-year-old brother. Police say the child`s father had used the rifle earlier in the day and left it in the family living room, where his daughter picked it up while the children were playing. Police call the shooting an accident, and as of now no charges have been filed, but the investigation into the shooting continues.
(END VIDEO CLIP)
GRACE: Okay. It was an accident to leave a loaded .22-caliber rifle laying in the living room when you`ve got a 3-year-old and a 2-year-old? The magazine was full and attached when the 3-year-old little girl found it. Now, this boy, look at him. Look at him. He`s shot dead. Now, I know that the shooting of the 3-year-old -- by the 3-year-old was an accident. I`m not trying to hold a 3-year-old girl responsible. But what I`m saying is the father leaves out a .22-caliber loaded rifle and everybody says it`s an accident? Jim Kirkwood, talk show host, KTKK, to me that`s like saying drunk driving is an accident. But think about it. You`ve got to go to the bar. You`ve got to order the drinks. You`ve got to drink several drinks. You`ve got to find your keys. You`ve got to walk to the car. Then you make a conscious decision to get behind the wheel and drive. Like this. It was no accident that he leaves the gun, a loaded .22, out in the living room with toddlers, a 2 and 3-year-old.
KIRKWOOD: You`re correct, Nancy. And this certainly meets the standard of negligence. But on the other hand, there was not a round in the chamber, and for a 3-year-old to manipulate one is not an easy thing. I mean, that`s a really smart girl, sadly, I have to say.
GRACE: Can I ask you a question, Jim? You have children, right?
KIRKWOOD: Yes.
GRACE: Because if you, like me -- I remember when my children were 2. They were 2. The moment they started walking, they figured out all the locks on the door and could get out the kitchen door. And I had three locks on the door. They need to step up on the steps and reach the top lock and get out. This girl has clearly seen on TV, or her father or somebody holding a gun. The magazine was loaded and attached. Mike Duffy, what more do you know?
DUFFY: Nancy, what we know is the two children were playing in the room together. Daddy seems to have come home from a hard day at work on the ranch. He sets down his gun, reportedly goes to the bathroom for a short break --
GRACE: Wait, wait, wait, Duffy. What do you mean a hard day of work on the ranch? Why does he have to have a loaded rifle for his job?
DUFFY: Well, it`s unclear at this point exactly why he was using the gun that day. But any number of reasons would explain it. Perhaps he was shooting some vermin that were out. Who knows? But what we do know is --
GRACE: You`re totally making that up. You don`t know why he had a gun. He comes in and he leaves a gun laying out. I don`t even know what you`re saying. Shooting vermin. But forget all that. I don`t even care about that, Duffy. What I care about is he left the gun out. I`m too afraid of the children to play with a ball in the front yard, that it might go in the street. For Pete`s sake, a .22-caliber rifle.
Dr. Joy M. Carter, chief forensic pathologist Marion County, author of "I Speak for the Dead," Dr. Carter, for a child, a 2-year-old, I can hardly even stand to look at him. For a child to sustain a shot to the stomach with a .22, that had to be so painful. And it`s coming from a long gun, which means -- does that mean that the shot went all different ways inside his body? What does that mean?
CARTER: That means there`s a lot of power behind firing that gun. There`s a lot of power. And there`s a lot of injury that`s going to be done to the internal organs, the aorta is there, you`ve got your liver, your stomach. All these organs can bleed. And it may be impossible to get enough medical care to save the child`s life.
GRACE: And just like that, it`s over. Caryn Stark, tonight there`s been no charges filed, but in my mind when an adult leaves a loaded rifle - - all right. The magazine was loaded and attached. To me, that`s loaded. And you`ve got a 3-year-old and a 2-year-old. That sounds like a deathwish.
STARK: Well, at the very least, Nancy, it`s incredibly irresponsible. And you wonder when people own guns, how they can do something like that, that there aren`t more stringent laws to make sure that you can`t be around children --
GRACE: Actually, that`s a really good point, Caryn. Jim Kirkwood, KTKK, aren`t guns in that jurisdiction supposed to be in a locked cabinet in the home?
KIRKWOOD: Not necessarily. But they have to be kept in a safe manner. And clearly, that was not safe. So it is a violation of the law. And that`s why I think the county attorney will file charges, probably tomorrow.
GRACE: Okay. When we come back, a murder suspect, catch this, demands the court, that`s us, the taxpayers, give him free tattoo removal, claiming his tattoo that says "murder" around his neck could give a jury the wrong impression.
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GRACE: Okay, murder suspect getting ready to defend himself on a murder charge. But in addition to trying to figure out his own story and get his witnesses together, he now demands the court give him free tattoo removal. That means you and I pay for it, claiming his tattoo that says "murder" around his neck could give the jury the wrong impression.
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UNIDENTIFIED FEMALE: I think it`s stupid to get that on your neck.
UNIDENTIFIED FEMALE: A murder trial is set to begin at the Barton County courthouse, but the focus is quickly shifting from the crime to the accused`s tattoo.
UNIDENTIFIED MALE: Obviously you want to hide that from the jury.
UNIDENTIFIED FEMALE: Here you can see the word murder.
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GRACE: Joining me right now from KVGB, Cole Reif. Cole, I still remember the first time -- maybe the second time I tried a murder case, the defendant had carved into his hair, shaved into his hair in the back, "hitman no. 1." So what I did was I kept going to the other side of the courtroom so he`d have to turn his head to the jury so they could read the back of his head. And I think that`s why the jury convicted, myself. But Cole Rife, he wants us, me, the taxpayer, okay, I`m working two jobs here to pay for his tattoo removal? What`s he charged with, Cole?
REIF: He`s actually charged with first-degree murder of Damian Gallagher (ph), which happened back in November of 2011. I mean, things are kind of -- I guess the situation right now is going to pale in comparison with what`s going to be happening on Monday when the actual trial gets going.
GRACE: Why can`t he just wear a turtleneck?
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GRACE: So he`s going in front of a jury for murder charges, and he`s got "murder" tattooed on his neck. Now he wants taxpayers to pay for tattoo removal.
With me is Joe Matisa, owner of Tattoo Artists Inc. Junction. Oh, you`re a former contestant on "Best Ink" on Oxygen. Okay, I`m a little impressed. Joe, how hard is it to remove this from his neck?
JOE MATISA, TATTOO ARTIST: Looking at the tattoo, from a mile away, it`s one of those pieces that you say to yourself, no matter how hard you try to cover it, there is the chance that, especially if it was a poorly unprofessionally done tattoo, that there`s a lot of scarring that`s raising from their skin, and that from a distance, even if the light hits it at an angle, if this tattoo is covered up, that there is a chance that no matter what, you`ll still be able to see the image.
GRACE: Okay, Stacey Newman, has he ever heard of a turtleneck, and why do I have to pay for his tattoo removal?
NEWMAN: Well, you`re right, Nancy. This lawyer better stock up on some turtlenecks because the sheriff at this jail says he does not want to transport this guy to a tattoo shop to get this big old murder tattoo off his neck.
GRACE: Okay. And Joe, how long would it take to remove this thing?
MATISA: Something like that, I mean, it is black, which is a great thing in his situation, because if you were going to get it removed, color is a lot harder to remove than black.
GRACE: Why don`t you just put something over it? Why don`t you just put, like, some flowers over it?
MATISA: It`s a lot harder than you think. Usually with the way the skin works is your skin is transparent. So due to the amount of pigment --
GRACE: He looks mean.
MATISA: You`d have to use pigment to kind of disguise it.
GRACE: Peter Odom, I think he did it. Look at him. He looks mean. He`s got murder on his neck and you see that is a teardrop coming out of his eye tattoo, that means he`s killed somebody.
ODOM: And your reaction is exactly the same as every juror, if they see that tattoo.
GRACE: I don`t need to see the tattoo. Look how he`s looking. He looks like he could bite the camera.
ODOM: It`s a mug shot. They all look like that.
GRACE: I don`t like it. He did it.
ODOM: What the court`s going to do is they will make him wear a tie. They`re going to make him wear a shirt and tie. They`re not going to give him a free tattoo removal.
GRACE: Liz in New York, please get this guy a size large turtleneck and send it to him FedEx, okay? I don`t trust regular mail. So I don`t have to pay for his tattoo removal.
Let`s stop and remember something important. American hero, Army Specialist Joseph White. 21, Bellevue, Washington. Army Commendation Medal, National Defense Service Medal, Army Service Ribbon. He loved ultimate frisbee and paintball. Parents Doug and Robin, nine siblings, widow, Jessica. Joseph White, American hero.
And tonight, I want to tell you about an up-and-coming author, Robin Johns Grant, releases her new book, "Summer`s Winter." It`s a mystery teaching us to believe in a divine plan for our lives. It`s in bookstores and online. And let me tell you something about the author, Robin. She was valedictorian in high school. If it weren`t for her, I would never have passed high school algebra. And now this book. Congratulations, Robin. Dr. Drew up next, everyone. I`ll see you tomorrow night, 8:00 sharp Eastern. Until then, good night, friend.
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