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NANCY GRACE

Birkhead Brings Dannielynn Back to U.S.

Aired May 1, 2007 - 20:00:00   ET

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


JANE VELEZ-MITCHELL, GUEST HOST: Breaking news tonight. Touchdown in the U.S. for the 7-month-old baby girl of covergirl Anna Nicole Smith. Smith`s only living heir arrives at a Kentucky airport right alongside Daddy, photographer Larry Birkhead. With the baby`s passport finally in hand, Birkhead jets off with his daughter from the Bahamas this morning.
But tonight, the custody battle over Dannielynn Birkhead is not over yet, grandma, Virgie Arthur, still fighting tooth and nail for Dannielynn and control of that half-a-billion-dollar stake the baby may inherit, the parties set to square off for another legal showdown in the Bahamas.

Also tonight: He is the third in line to the British throne and is heading to Iraq for a six-month tour of duty. Tonight, growing fears that insurgents will escalate attacks on British forces, targeting Prince Harry in the war zone. The 22-year-old is not the first royal to fight in the British military. But is sending the prince to Iraq putting coalition forces in more danger?

(BEGIN VIDEO CLIP)

PRINCE HARRY: I wouldn`t have joined the army unless I thought I was going to. It`s as simple as that. If they said, No, you can`t go to the front line, then I wouldn`t have dragged my sorry arse to Sandhurst and I wouldn`t be where I am now because the last thing I want to do is have my soldiers sent away to Iraq (INAUDIBLE) and for me to held back home (INAUDIBLE)

UNIDENTIFIED FEMALE: It`s only the Wales on his helmet that identifies this young army cadet as the third in line to the throne. This exercise in Cyprus last year was all part of Prince Harry`s training for duty.

UNIDENTIFIED MALE: The decision has been taken that he will deploy.

UNIDENTIFIED FEMALE: As a soldier, the once dubbed "wild child" prince has gone some way to showing a more mature side, but his military career has still sparked controversy by those who think sending the prince to conflict zones like Iraq will put his comrades at increased risk.

UNIDENTIFIED MALE: Insurgents have made specific threats on Prince Harry, considered a prize target in Iraq. There are claims his picture even circulated in the war zone. Is Prince Harry putting other soldiers at risk?

(END VIDEO CLIP)

VELEZ-MITCHELL: Good evening. I`m Jane Velez-Mitchell, in tonight for Nancy Grace. First, baby Dannielynn and Larry Birkhead come home to the United States.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Anna Nicole Smith`s baby daughter, Dannielynn, is home with her father, Larry Birkhead. Now, early this morning, father and daughter boarded a private plane bound for Louisville, Kentucky. Birkhead is a Kentucky native and he does have family there. So they`re home.

LARRY BIRKHEAD, ANNA NICOLE`S FORMER BOYFRIEND: It feels good to be home. Who knows what`s next. We`re just going to relax and horse around (INAUDIBLE)

QUESTION: (INAUDIBLE) enjoy the Derby?

BIRKHEAD: I`m hoping to. I`m hoping to. That`s where I got my start as a photographer and journalist in Kentucky (INAUDIBLE) the Derby. So to come home is kind of full circle. It`s also where I met Anna Nicole. So we`ll see what happens. I have a one-way ticket right now, so we`ll see.

QUESTION: It`s good to be back, though, right?

BIRKHEAD: It is, does feel good to be back.

QUESTION: (INAUDIBLE)

BIRKHEAD: Rest and playing with the baby.

QUESTION: (INAUDIBLE) on the flight?

BIRKHEAD: She did great. She did great. No problem at all. She loved it. This is just one pit stop right now. You know, just take one day at a time. I`ve lost weight, so I`m going to see if I can get some home cooking and (INAUDIBLE) I`ll see you all.

UNIDENTIFIED MALE: Dannielynn goes home with Daddy. He leaves the Bahamas to bring his baby home. But what now? The battle over Anna Nicole Smith`s baby and her late husband`s money is far from over.

(END VIDEO CLIP)

VELEZ-MITCHELL: I`m Jane Velez-Mitchell, in tonight for Nancy Grace. Home sweet home -- that`s how Larry Birkhead feels tonight after finally landing back on U.S. soil with his baby girl, Dannielynn. After a prolonged and bruising legal battle to prove he was the baby`s dad, correct her birth certificate, get her a passport, and get her the heck out of the Bahamas, the LA photographer opted to take his 7-month-old daughter back to his boyhood stomping grounds, Louisville, Kentucky, where he has extended family.

Upon landing, Larry said, "It just feels good to be home," but the drama over his baby daughter is far, far from over. For the latest, let`s go straight out to Tom O`Neil, senior editor of "In Touch Weekly." Tom, are we too afraid to ask what is the very latest?

TOM O`NEIL, "IN TOUCH WEEKLY": Yes, we are, because we just heard him say in that clip he has a one-way ticket. The question is, Is he going to go back to the Bahamas for this hearing on June 8? You know, he doesn`t really have to.

Remember how this whole court case started, Jane. This was a civil suit he filed against Howard K. Stern that said that this was all based on fraud, that he was the daddy. Then we got into guardianship. Then we got into custody. Larry`s riding this train. He can now say, when he gets to California next, which is where he`s headed after this, you know, Jurisdiction changed -- changes, and Virgie`s got to fight me out here. And that`s what we don`t know.

VELEZ-MITCHELL: Oh, but Rob Chilton, features director of "OK!" magazine, as we look at exclusive video from "Access Hollywood" -- and by the way, for more on Larry and Dannielynn`s return to the U.S., tune into "Access Hollywood" tonight and tomorrow night. As we look at this amazing footage of him actually getting out with his daughter -- look at that beautiful little baby! What an angel! Didn`t he promise he would go back on June 8 to face the music in the Bahamas, that he wouldn`t just sort of bolt? Because that`s what Virgie Arthur was afraid of.

ROB CHILTON, "OK!": Absolutely. I mean, June the 8th was the final date for this custody hearing back in the Bahamas, and it was -- Larry was told that he must go back to the Bahamas on June the 8th with Dannielynn. So it seems a bit risky to me for Larry to be taking this child to not -- if he says a one-way ticket and he won`t go back to the Bahamas, you know, that sounds a bit risky. Surely, if he`s got Dannielynn now and he`s happy, why not play by the rules that the courts have set out and just play safe and just see out the red tape, and then, you know, everything will be OK.

VELEZ-MITCHELL: Well, he`s always seemed to make all the right moves. Let`s hear what a journalist has to say about Larry Birkhead.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Larry Birkhead and his baby arrived in Louisville, Kentucky today. This afternoon, they arrived aboard a plane chartered by the entertainment news program "Access Hollywood." The 34- year-old photographer is a Kentucky native. He has a lot of family in the Louisville area. Birkhead was awarded custody of 7-month-old Dannielynn last month after that legal battle to prove his paternity claim over Smith`s former companion, Howard K. Stern.

BIRKHEAD: It feels good to be home. Who knows what`s next. We`re just here to relax and horse around (INAUDIBLE)

QUESTION: (INAUDIBLE) enjoy the Derby?

BIRKHEAD: I`m hoping to. I`m hoping to. That`s where I got my start as a photographer and journalist, in Kentucky. Of course, that`s where I`m from (INAUDIBLE) Derby. And so to come home is kind of full circle. It`s also where I met Anna Nicole. So we`ll see what happens.

(END VIDEO CLIP)

VELEZ-MITCHELL: I just have to see that exclusive video from "Access Hollywood" of little Dannielynn. Look at that little angel!

Psychotherapist Lauren Howard -- what a beauty! And she has been through so much in her 7 months on this earth, losing an older brother, losing a mom, losing, in one sense, one father and gaining another. There`s the father she gained, Larry Birkhead. Is she too young to experience the momentousness of all of that, or can all those developments have an impact on a child as young as 7 months old?

LAUREN HOWARD, PSYCHOTHERAPIST: There`s no way those things would have an impact on her at this juncture. What she needs is mirroring (ph), physical contact, really just attention, physical attention, to have her simple needs taken care of. The problem for her will be down the road, when her abstract reasoning starts to set in as she develops and starts to understand the events around her life. But at this point, at 7 months old, from one loving arm to another, it`s just fine, as long as she`s got those loving arms and the consistency of that.

VELEZ-MITCHELL: And Lauren, do you think it was a smart idea for Larry Birkhead to take little Dannielynn to Kentucky, as opposed to Los Angeles, where he`s built a nursery for her? But in Kentucky, he has this extended family. He`s got a twin brother. He`s got a sister. They have these kids. There`s that warm feeling.

HOWARD: If you`re asking me smart legally, that`s sort of not my...

VELEZ-MITCHELL: No, I`m asking you psychologically smart.

HOWARD: Psychologically, what this child needs is to be loved and held, and yes, being with an extended family. I don`t know his family. Are they reaching out to this baby with open arms? Is this baby going to be mirrored (ph) and given physical attention? That`s what this baby needs right now. And the baby doesn`t know if it`s in Kentucky or the Bahamas or LA, or Mars, for that matter.

VELEZ-MITCHELL: All right. And you know, this whole June 8 hearing looms over Larry Birkhead. He has publicly said that he would go back, although he made another comment today.

Mike Brooks, former D.C. police who has also served on the FBI terrorism task force and was down there in the Bahamas, what can we expect on this June 8 hearing? Why do we really need to go back to the Bahamas and have yet another hearing?

MIKE BROOKS, FORMER D.C. POLICE, SERVED ON FBI TERRORISM TASK FORCE: You know, if I were Larry, I probably wouldn`t go back. But Larry`s a stand-up guy. And you know, he`s been trying to do the right thing all along, and he probably will go back. And I think nothing will change. I think he will still leave there and he will still have custody and it`ll be done with, hopefully.

But you know, I think Virgie Arthur -- you know, I like Virgie. I sat next to her in court a couple times. I`ve seen her quite a bit. I think she just needs to give it up, just be a grandmother, period.

VELEZ-MITCHELL: But Mike, what does she want? Does she still want guardianship? Does she want a written something or other that says, I can visit every Wednesday? I`d heard she`d also wanted, if anything, God forbid, happened to Larry, that she would get custody of the child. Does she still want all that?

BROOKS: You know, it`s hard to tell. You know, when I was there talking to her, basically, what she told me was she wanted to be a grandmother, at the very, very least. You know, but then -- we go -- she goes to appeals court...

VELEZ-MITCHELL: She is a grandmother.

BROOKS: I know that, but she wants some kind of grandmother`s rights. You know what? I think Larry probably would have been very open to letting her -- you know, letting her visit the child if she hadn`t tried to slam dunk him at the last minute with that appeal. You know, I think she may have cut off her nose to spite her face.

VELEZ-MITCHELL: Well, let`s bring in the lawyers -- Lisa Pinto, former New York state prosecutor, and Lisa Wayne, defense attorney, the dueling Lisas. Let me start with Lisa Pinto, who I always know is fiery.

LISA PINTO, FORMER PROSECUTOR: Hi, Jane.

VELEZ-MITCHELL: Does Virgie have a snowball`s chance in heck of getting these things that she wants, assuming that this hearing happens on June 8?

PINTO: I don`t think so. Just look at that baby and her daddy together. They`re so happy. The judge sees this footage, it`s all over. Larry loves the baby. The baby feels comfortable. She`s clearly bonded to him. She`s clearly thriving. The best interests of the child is to stay with the dad that she`s getting to know. And the fact that he let her out of the jurisdiction -- him out of the jurisdiction with the baby before the final decision shows he has great confidence in this father`s ability to obey the rules of the court and to take care of this child.

VELEZ-MITCHELL: All right, Lisa Wayne, defense attorney, what would you say if you were representing Virgie Arthur?

LISA WAYNE, DEFENSE ATTORNEY: If I were representing Virgie?

VELEZ-MITCHELL: Yes.

WAYNE: Well, you know, I think her frustration is this -- and frankly, I agree with Lisa. I think that she doesn`t have much to stand on. But if she`s concerned about having a relationship with this child, you know, there is something in this country called grandparents` rights. And she does have a right to have contact and to have visitation.

What she doesn`t have a right to do is to substitute herself and put herself in the place of Larry Birkhead. That`s the child`s father. So you know, you have a competing interest here. You don`t know what`s driving her. It might be love. And if it`s love and I`m her lawyer, that`s the picture I`m going to paint, of this, is a mother who has lost her own daughter and now wants to make up for it and be a good grandmother. Give her a break.

PINTO: But Lisa, her lawyer is a guy who`s used to getting million- dollar settlements on tobacco claims, so I`m not sure love is number one on the agenda there.

WAYNE: Well, that`s what you`d want to make it, though. I mean, you`d want to discount the money. I know that`s...

PINTO: You would, but that`s not the attorney she`s picked or the track she`s taking.

(CROSSTALK)

VELEZ-MITCHELL: I have to agree with Lisa Pinto because Larry had said all along, Virgie can come by anytime she wants. She`s the grandmother. She`s welcome into our world. She didn`t really have to do this.

The phone lines are lighting up. Maureen from Nevada, your question, ma`am?

UNIDENTIFIED FEMALE: Hi. I`m wondering, now that Dannielynn is back on United States soil, can Larry Birkhead now petition the Bahamian government to cede jurisdiction back to the California courts and deal with any issues regarding Virgie Arthur in the United States?

VELEZ-MITCHELL: Well, that`s an excellent question. Back to the lawyers. Maybe he can make a phone call, Lisa Pinto, and say...

PINTO: No. I mean, you know, your logic is really sound. That is what should happen in everyone`s interest. But he has to appear in court on June 8. That`s the way the case is scheduled to go right now, and make that ruling in person. And I frankly think the judge will rule on the custody, allow Larry to leave, and then an American court will cement the decision.

VELEZ-MITCHELL: And to get a perspective on this, let`s go to Rob Chilton, features director of "OK!" magazine. You`ve been watching and observing and writing about this whole saga. Do you think this custody battle is ultimately going to jump to the United States and continue on there and just drag on forever, much like the Alec Baldwin-Kim Basinger custody battle has dragged on year after year?

CHILTON: Yes, I mean, I seem to have heard the phrase "final custody hearing" about seven times during this whole saga, so I`m waiting for the final, final custody hearing. I don`t know whether that will come on June the 8th. You know, will that be the end of it, as Lisa says? You know, maybe the American court will have to finally rubber stamp this whole deal.

VELEZ-MITCHELL: Well, I`ve got to go back to the lawyers. Lisa Wayne, if this hearing occurs in the Bahamas and they say, Larry Birkhead, I`m giving you sole custody, does she have any standing to open this issue up again in the United States, in California or Kentucky?

WAYNE: Well, you know, I mean, she can always go and try to create a new issue in this case based upon something we don`t know about now. Will she do that? Is it going to be worth the money and the expense for her? I don`t know. Frankly, a lawyer has to look at this and say, How far can we really go, and how much money am I going to make on this as a lawyer?

VELEZ-MITCHELL: Yes, but Lisa, remember...

WAYNE: So I mean, there are lot of different things to balance there.

VELEZ-MITCHELL: She`s had lawyers all the way along, and she`s the same person who stopped her daughter`s funeral in progress and left the hearse sitting there in the hot Bahamian sun while she filed an 11th-hour appeal using attorneys.

WAYNE: Oh, I don`t disagree with you.

(CROSSTALK)

WAYNE: No, I don`t disagree with that, in terms of -- I mean, I`m not vouching for what she`s doing is right, frankly, OK? But I`m saying, if she decided to file again or go to court, she can continue to do that and get thrown out of court again and again.

(CROSSTALK)

VELEZ-MITCHELL: Go ahead.

PINTO: I think the only circumstances would be if the child was hurt, if Larry wasn`t taking good care of the child, if she was being neglected, then she could walk in to find a sympathetic judge and say, I can take better care of this baby. But that ain`t going to happen. He`s already got Elmo on the plane.

WAYNE: We don`t know what`s going to happen in this (INAUDIBLE)

VELEZ-MITCHELL: You know, he is making all the right moves, I have to say. This guy has handled this situation, Larry Birkhead, so beautifully, with such detachment, and not getting sucked into the vortex of hate that he could have easily -- people would have justified it, if he had had a meltdown. And in this age of celebrity meltdowns, he deserves hats-off for keeping his cool. Hats off to Larry Birkhead. That`s my opinion.

WAYNE: No phone messages.

(LAUGHTER)

VELEZ-MITCHELL: That`s right. No phone messages.

To tonight`s "Case Alert." The reigning Miss America becomes a state`s witness, now agreeing to testify in an undercover Internet sex sting operation. Lauren Nelson (ph) went undercover alongside Suffolk County police, posing as a 14-year-old girl to lure Internet sex predators to her home, men arrested in the sting. Nelson previously said she had no plans to continue providing assistance to Long Island authorities but has since changed her mind.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Larry Birkhead and his baby arrived in Louisville, Kentucky today. This afternoon, they arrived aboard a plane chartered by the entertainment news program "Access Hollywood." The 34- year-old photographer is a Kentucky native. He has a lot of family in the Louisville area. Birkhead was awarded custody of 7-month-old Dannielynn last month after that legal battle to prove his paternity claim over Smith`s former companion, Howard K.

(END VIDEO CLIP)

VELEZ-MITCHELL: I`m Jane Velez-Mitchell, sitting in tonight for Nancy Grace. What is next for little Dannielynn Hope Marshall Birkhead? That`s her name now. The 7-month-old has finally made it out of the Bahamas, but it may not be for long. She and her dad are scheduled to return to the Bahamas on June 8 for another court hearing.

(INAUDIBLE) and how is Larry Birkhead affording to live? I mean, he is a photographer by trade, but he has been wrapped up in this for months. Tom O`Neil, senior editor, "In Touch Weekly," it can`t be cheap to be living in the Bahamas, making a nursery for your daughter in Los Angeles, traveling hither and yon. How is he doing it?

O`NEIL: Well, on one hand, he`s selling photographs, quite legitimately. Those pictures that appeared in "OK!" magazine I`m sure were for a hefty sum. And I don`t think there`s anything wrong with that. I think he`s certainly entitled to it. And we know that, as it was just reported here, that this plane he flew in on was from "Access Hollywood." We are aware of an exclusive deal that he has with NBC, but we don`t know how much it was for, but we can guess.

And here`s the fun part. Debra Opri is the one who we believe forged this bill -- this deal with NBC. And remember how much her bill was for, $600,000.

VELEZ-MITCHELL: Yes, Rob Chilton, features director,"OK!" magazine, we`re making a deal for somebody, but then we`re charging them $600,000, reportedly. And I`ve talked to her. She says everything is justified. So I definitely want to give both sides of the story on that. But it`s a hefty bill, $600,000 in legal fees. And yet, supposedly, she helped him, according to some sources, craft this deal with NBC Universal. So do we have to extrapolate it`s got to be worth more than 600 grand?

CHILTON: I don`t know -- sorry. I don`t what you mean by that.

VELEZ-MITCHELL: Well, what I`m saying is, she would probably work a deal for him that`s worth more than the legal bill she`s going to charge him at the end of the day so that he would be able to pay it.

CHILTON: Yes, sure. I mean, you know, Larry`s going to be running up some extreme expenses here. I mean, we`ve been hearing reports that he`s got a tip-top sort of security firm now looking after him and Dannielynn because she`s potentially a target for kidnapping. So you know, 24-hour around-the-clock security forces are going to be pretty expensive to hire, as well.

VELEZ-MITCHELL: And by the way, the photo that we`re looking at, that is the U.S. passport of little Dannielynn Birkhead from "Access Hollywood," exclusive "Access Hollywood" pictures and video we are showing you.

And it raises an interesting question for the lawyers. Is she a U.S. citizen or a Bahamian citizen? Because she has a U.S. passport, Lisa Pinto.

PINTO: Yes, she`s a U.S. citizen. She`s got all the rights and privileges afforded to her by the U.S. Constitution. But by the way, I`m Deb Opri, there is no way I`m going to start charging my clients for my kids` laundry because I think that`s a legitimate business expense, don`t you?

VELEZ-MITCHELL: All right. We`re going to hold you to that.

(LAUGHTER)

VELEZ-MITCHELL: We`ll get back to you on that one in a couple of weeks.

PINTO: Some $1,000 dinners, too.

VELEZ-MITCHELL: All right. Go for it.

To tonight`s "Case Alert." A female bartender assaulted by an off- duty Chicago police officer files a million-dollar federal lawsuit, the assault caught on tape. The 24-year-old Karolina Obrica (ph) was repeatedly punched and kicked by Officer Anthony Abbate when she refused to serve him more alcohol, 38-year-old Abbate facing various felony charges, including aggravated battery.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

BIRKHEAD: I have a one-way ticket right now, so we`ll see.

QUESTION: It`s good to be back, though, right?

BIRKHEAD: It is, does feel good to be back.

QUESTION: (INAUDIBLE)

BIRKHEAD: Rest and playing with the baby.

QUESTION: (INAUDIBLE) on the flight?

BIRKHEAD: She did great. She did great. No problem at all. She loved it.

(END VIDEO CLIP)

VELEZ-MITCHELL: I`m Jane Velez-Mitchell, in tonight for Nancy Grace. What could be next in the Anna Nicole Smith saga? And what about the inquest into the death of Anna Nicole`s 20-year-old son, Daniel? Mike Brooks, former D.C. police and the FBI terrorism task force, will that ever get under way?

BROOKS: Well, Jane, they`re supposed to reconvene on May 22, but that remains to be seen if it`ll go forward then. The jury of seven, seven women, have already been picked. But it has now been pushed up from the coroner`s court to the boss of the coroner`s court, if you will, the supreme court. And there is one judge there that wants to oversee everything. Now, there`s a constitutional issue of whether or not, you know, the questions asked of them were fair or not.

VELEZ-MITCHELL: All right, Mike Brooks. When we come back, the third in line to the British throne, Prince Harry, headed to fight in Iraq.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: The last royal to see active service was Harry`s uncle, Prince Andrew. He served in the Falklands war as a helicopter pilot. That involved the dangerous task of acting as a decoy for (INAUDIBLE) missiles.

His nephew has shown interest in military life from an early age and began his training in 2005 by getting accepted into the Royal Military Academy at Sandhurst. He trained as an officer. Former members of the armed forces say it`s absolutely right that he should serve in Iraq.

UNIDENTIFIED MALE: There`s a possibility that he may be in more danger himself and, ergo, his colleagues might be in more danger, as well. But if that is the argument, then surely we should have said, Prince Harry can`t serve in the armed forces. If you`re in the armed forces, you can`t have special treatment, no matter who you are.

(END VIDEO CLIP)

VELEZ-MITCHELL: I`m Jane Velez-Mitchell in tonight for Nancy Grace.

Well, it`s official. Prince Harry, the third in line to the British throne, will head off to Iraq. That word comes from the head of the British Army. Harry`s regiment is due to begin a six-month tour of duty in Iraq within weeks, but the decision to send Harry is highly controversial. Will his very presence put not only his life, but the lives of his fellow British soldiers in greater danger? Could he become a target for insurgents who want to kidnap or kill him? There have already been threats to that effect.

Let`s go straight out to CNN correspondent Richard Quest. Richard, what is the very latest?

RICHARD QUEST, CNN CORRESPONDENT: Well, the latest is that the British forces have announced that Harry will go to Iraq and that he will serve there. The exact role, of course, they are saying is going to be kept under constant review. And the head of the British military made it quite clear that they will maintain that stance. They will keep it under review right up until the last possible moment.

Harry is due to deploy with his regiment, the Blues and Royals, as it`s called. He is known as Cornette Windsor (ph) within that battalion, the second lieutenant, and he is due to go there probably within the matter of a couple of weeks.

The devil is in the detail here, Jane, because what they are not specifically saying -- and it`s understandable why they`re not saying it -- is exactly what he`ll do while he is there. He has said he wants to see action. He wants to lead his platoon on armored patrols. There are those that believe he should have a desk job in Basra, which is the main area under the control or under the jurisdiction of the British forces.

So, Jane, he is going to Iraq. But just keep a very, very close eye on exactly what he`s going to be doing, because that probably has still not been fully determined.

VELEZ-MITCHELL: Well, this seems so interesting to me, Rob Chilton, as a Brit, perhaps you can explain it. You`re the features director of "OK" magazine. If Harry`s deployment poses such a high risk, why are they doing it, if it could potentially put other soldiers in danger? What is the game plan, the thinking here?

ROB CHILTON, "OK" MAGAZINE: Well, he`s a talented guy, he`s a good soldier. He`s got a good reputation for leading his guys. He`s got 11 guys in his troop. He`s a well-liked, well-respected soldier. So if you trained him for all these years and spent all this money, taxpayers` money on training him, why wouldn`t you send him? I think that the guy who commented earlier was exactly right. If you`re not going to send him into war, why let him train in the first place?

VELEZ-MITCHELL: Yes, but, Mike Brooks, former D.C. police who also served on the FBI terrorism task force, couldn`t this backfire badly if, God forbid, he was, for example, captured and then videotape was taken of him?

MIKE BROOKS, FORMER D.C. POLICE: Well, there`s always that possibility, Jane. But I`ll tell you what, he traded in his polo boots for the first combat boots, and I think that`s a noble thing he did. He`s been training at Sandhurst Military Academy. He`s ready for combat. He`s ready to go. I think he`ll see combat when he first gets over there.

Then they will go ahead, take the intelligence that is coming in, with the U.S. Army and the Brits, and they will find out exactly whether or not he is a threat or not. There is an extremely good intelligence source over there. There`s a great line between the United States military and the British military. And if there is any kind of threat, then they may pull him out of combat, at least temporarily.

But, again, it`s also going to be up to the media. You know, I wouldn`t want anyone embedded from the media in my platoon when I was over there. But I tell you what, if I were him, I would keep the media away from the platoon, let him do his job, let him serve his six months tour, and get back to the U.K.

VELEZ-MITCHELL: Well, actually, some insurgents had claimed that they have actually infiltrated the British military to keep tabs on where he`s going to be in Iraq. Do you believe that, Mike Brooks?

BROOKS: Well, that`s always a possibility. You know, there`s rats with every branch you`re in, U.S. Army, U.S. Marines, the British. There`s always that possibility, but they talk a lot of smack. And, you know, look, the intelligence over there, it`s a great intelligence channel. And they`re going to keep close, close tabs on the prince.

VELEZ-MITCHELL: All right. The phone lines are lighting up on this one. Tina, Ohio, your question?

CALLER: Hi, Jane. My question is, with him being a royal and him going over to Iraq, would they beef up security? And could they even possibly make the other part of his platoon guard him even more? And could the royal family, you know, take extra precautions in keeping him safe?

VELEZ-MITCHELL: So what you`re saying -- and let`s take it over to Richard Quest, CNN correspondent -- is, could they send him over there, and then give him special protection while he`s there, so that he couldn`t be, for example, kidnapped or killed?

QUEST: No, there`s no chance of that. It`s an interesting question, and it makes perfect sense. But this man is going as part of the British forces. He`s got 11 men around him, all heavily armed. He`s in an armored personnel carrier. He`s going to be on an army base. So you can`t exactly send a couple of special British officers with a few guns that`s going to make any difference.

The truth of this is, in deciding to send Harry there, the government and, indeed, the ministry of defense has also taken a political decision. And I`ll explain why. Over the weekend, it came out that several members of the Iraqi government have requested the British government not to send Harry to Iraq, because, they said, that Harry would be seen to have been part of the, quote, "occupation of Iraq" by foreign forces. Now, that was a red rag to the bull, if you like, because the British wouldn`t necessarily see it as being an occupation as such.

VELEZ-MITCHELL: Richard, I have to jump in here, because the thing that I read that was the most frightening came from Abu Sayyid (ph), the leader of a Shiite militia group, rather well-known in the area. He says, quote, "We are waiting for the arrival of the young, handsome spoiled prince with baited breath, and we confidently expect he will come out in the open in the battlefield."

Now, that`s the nice part. Here`s where it gets nasty. "We will be generous to him, for he will return to his grandmother, but without his ears." This is a quote. That has got to be very, very off-putting to the British Army, I would think, because God forbid.

QUEST: Well, it`s also offensive, when they say without his ears, they`re referring to sort of the jug ears references, his father, sort of big, flapping ears coming out of it. It`s offensive. It`s unpleasant.

But you`ve got to put it into context. This man went into the armed forces. He is third in line to the throne. I think one of your earlier commentators quite rightly put it that, of course, there is a risk of insurgency, kidnapping. The difference here, the crucial difference here between what Harry is doing and what Prince Andrew did in the Falklands -- and this is, of course, the last...

VELEZ-MITCHELL: Is it Iraq is a much more dangerous place than the Falklands ever was?

QUEST: No, no, no, no, Jane. I beg to disagree with you. It`s not that. The Falklands was dangerous. The Falklands was deadly. And Andrew...

(CROSSTALK)

VELEZ-MITCHELL: OK. We got some callers, so...

QUEST: But the difference is, there was a consensus on the war in the Falklands. There wasn`t the same disagreement over the cause and its effect.

VELEZ-MITCHELL: All right. Chad in Missouri, your question.

CALLER: My question is, why are they telling the media that he`s going there? He`s a wonderful soldier. He is trained to do this. Why are they telling the world he is out there?

VELEZ-MITCHELL: Oh, you know, that`s an excellent question. Rob Chilton, features director, "OK" magazine. Any thoughts on that? I mean, that`s very obvious, just bring him in, don`t announce to the world you`re bringing him in.

CHILTON: Well, I suppose their thinking might be, "Let`s just be upfront about this. Let`s not try and create" -- it might create a P.R. disaster if they, you know, put him under cover of darkness into a top- secret location. Maybe that would be a bad move P.R.-wise.

(BEGIN VIDEO CLIP)

PRINCE HARRY, UNITED KINGDOM: I wouldn`t have joined the Army unless I thought I was going to, as simple as that. If they said, no, you can`t go to the front line, then I wouldn`t drag my sorry ass through Sandhurst, and I wouldn`t be where I am now, because the last thing I want to do is have my soldiers sent away to Iraq or wherever like that and for me to be held back home, twiddling my thumbs.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(NEWSBREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: As a soldier, the once-dubbed "wild child" prince has gone some way to showing a more mature side, but his military career has still sparked controversy by those who think sending the prince to conflict zones like Iraq will put his comrades at increased risk.

PRINCE HARRY: I wouldn`t have joined the Army unless I thought I was going to, as simple as that. If they said, no, you can`t go to the front line, then I wouldn`t drag my sorry ass through Sandhurst, and I wouldn`t be where I am now, because the last thing I want to do is have my soldiers sent away to Iraq or wherever like that and for me to be held back home, twiddling my thumbs.

This is a country that we chose because of the fact that it wasn`t even on the map. I`d never heard of it. And the problems it has with AIDS, it`s obviously associated with all the countries that she`s been to, as well, when she was around. So it`s just a chance to sort of carry on what she left behind, really.

(END VIDEO CLIP)

VELEZ-MITCHELL: I`m Jane Velez-Mitchell sitting in tonight for Nancy Grace.

Should he stay or should he go? We`re talking about Prince Harry and Iraq. The head of the British army has decided the 22-year-old second lieutenant and tank commander will be deployed with a combat unit, which is said to begin a six-month tour of duty in Iraq. Harry, by the way, trained to lead a 12-person team in four armored reconnaissance vehicles. The question: Is it a wise idea, given that insurgents have already vowed to cut off his ears literally?

I want to bring in the lawyers, the two Lisas, on either side. Now, if a member of Harry`s unit is killed, could the family of that dead soldier sue, Lisa Pinto, and say, "Hey, it`s because he served with Harry, and Harry put him in greater danger"?

LISA PINTO, FORMER PROSECUTOR: Jane, this is the British. They don`t sue the way we do in this country. It isn`t the litigation lottery. It`s the queen. You don`t sue the queen. That`s bad form. And when people do sue the royal family, it`s handled very quietly and settled out of court, as a matter of jurisdiction. The cause of action here, I mean, the national patriotism is going to trump the cause of action here. I don`t see any liability, and that`s an American standard we`re applying.

VELEZ-MITCHELL: Let me go to Lauren Howard, psychotherapist, because I remember I was in London during Princess Diana`s funeral, and I actually saw Prince Harry and his older brother, Prince William, and Prince Charles walk by during the funeral procession and it struck me how mature -- I mean, he was a very young boy at that time, dealing with this horrible, horrible tragedy in his life. But he has experienced death. Has that prepared him for going into battle, Lauren?

LAUREN HOWARD, PSYCHOTHERAPIST: Oh, I`m not sure that any young man is prepared for what they might see in battle. And I`m not sure that that`s even -- that that`s what`s operating for him.

He is trying to posture as a normal citizen, and it`s admirable, and it`s good, and it`s right. And he should go. But let`s not kid ourselves: He`s not an average citizen. And there`s no question that increased security will have to be a part. And that`s the way it goes. It`s OK.

It would be terrible for him not to go, and it will be difficult for him to go. So kind of, you know, forewarned, just forearmed, everybody knows what the fear here is, and move forward knowingly.

VELEZ-MITCHELL: I hear you. And there`s the very video that I was talking about, having stood there and watched that procession. It was so amazing. Let us hear from Prince Harry himself.

(BEGIN VIDEO CLIP)

PRINCE HARRY: I wouldn`t have joined the Army unless I thought I was going to, as simple as that. If they said, no, you can`t go to the front line, then I wouldn`t drag my sorry ass through Sandhurst, and I wouldn`t be where I am now, because the last thing I want to do is have my soldiers sent away to Iraq or wherever like that and for me to be held back home, twiddling my thumbs.

This is a country that we chose because of the fact that it wasn`t even on the map. I`d never heard of it. And the problems it has with AIDS, it`s obviously associated with all the countries that she`s been to, as well, when she was around. So it`s just a chance to sort of carry on what she left behind, really.

(END VIDEO CLIP)

VELEZ-MITCHELL: Rob Chilton, "OK" magazine, is this a "damned if you do, damned if you don`t" situation? If he doesn`t go, then, "Oh, special treatment for the royals," but if he does go, and there`s a problem, that will also be criticized?

CHILTON: Yes, I think you`re quite right. I think what we have to remember here is the guy in the middle of all this, the 22-year-old guy who`s got to go into a war zone, you know, and lead men. And I think there are so many moral issues about this, you could argue it for days.

But I think you`ve got to remember that Harry is a simple guy, OK? He just wants to go and do his job. He wants to lead his men. He wants to represent his country. He wants to serve his queen. And I think, you know, that`s what we have to go back to.

And, yes, I`m sure there are going to be increased security risks, which is obviously a big issue. But the army wouldn`t have sent him if they thought he was going to endanger the lives of his fellow troops. So I think we have to back Harry and, you know, wish him luck, and, you know, pray to God that he comes home safe like all the rest of them.

VELEZ-MITCHELL: Absolutely. I agree with you 100 percent. Let`s hope that, whatever happens, he comes out of it alive and in one piece. Thank you for that.

Tonight, CNN shines the spotlight on ordinary people making a real difference. We call them "CNN Heroes."

(BEGIN VIDEOTAPE)

MICHELLE DEJESUS, FOURTH GRADE STUDENT: Dear Mr. Boone, my name is Michelle DeJesus, and I`m in the fourth grade. This neighborhood that I live in is not a good scene to me. I see a lot of crime and dangerous things in this neighborhood.

THABITI BOONE, RUNS LITERACY PROGRAM: I`m from East New York, Brownsville, Brooklyn, New York. Like many young people that come from this community, you have no chance. There is no hope, no joy to go to school.

My name is Thabiti Boone, and I chose a different path. My father didn`t want to be a father. My mom was too young at that time to take me out of the hospital, so I was stuck in the middle with no direction.

My life could have been, "I`m angry, I want to fight the world, I have an attitude," but something said, "You know what? I`m going to make a difference. I`m going to make it out of here, and I`m going to be one of the ones to come back."

DEJESUS: Mr. Boone, you make learning fun for us. And by you coming back, it shows my classmates and me that you care about us and our education.

BOONE: Our young people are in such a crisis of lack of love, lack of interest, lack of hope, lack of heroes. The Read to Succeed program is a unique program that connects sports, entertainment, and hip-hop to self- development and success, through the importance of reading. Bam, that`s it. So students have to read on a continuous basis. They have to learn how to give oral presentations, stand in front of the classroom, develop confidence.

DEJESUS: This program taught me and my classmates that we can be anything in life, if we just work hard.

BOONE: You may want to dream to be an athlete or an entertainer, but at the end of the day that may not be what you`re supposed to be. But let`s have a program that teach you how to self-discover many gifts and talents.

DEJESUS: Thank you so much. You are like a father to us. We love you so much. From, Michelle DeJesus.

BOONE: Never...

UNIDENTIFIED GROUP: Never...

BOONE: ... accept...

UNIDENTIFIED GROUP: ... accept...

BOONE: ... under...

UNIDENTIFIED GROUP: ... under...

BOONE: ... achievement.

UNIDENTIFIED GROUP: ... achievement.

BOONE: There`s a piece of who you are that`s connected to where you came from. So if you go and don`t come back, you`re walking around half- dead.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: They would like to kill any British soldier. They would like to kill any British officer. I don`t think that he raises the danger to his men any more significantly than any other young officer.

(END VIDEO CLIP)

VELEZ-MITCHELL: All right. I`m Jane Velez-Mitchell in tonight for Nancy Grace.

Final thoughts on Prince Harry going off to fight in Iraq. We`re very lucky to have with us CNN correspondent Richard Quest. Richard, what`s the reaction among the other royals and the British people in general? What do the surveys and polls say?

QUEST: Harry is going to Iraq. It doesn`t matter what the polls say. He`s going to Iraq to serve his country and his grandmother, the queen. But the British forces are past masters at compromise. They will let him have a taste of action, but they will take a calculated risk in the way in which they do it. The stakes are high, Jane. No getting away from it. The third in line in the throne is going to be put in harm`s way. But that is his duty; that is his job.

VELEZ-MITCHELL: And Richard Quest, we give you the final word. And it was very appropriate that final word came in a very beautiful British accent. Thank you, sir, for your insights.

Tonight, we remember Navy Chief Petty Officer Gregory Billiter, 36, Villa Hills, Kentucky, killed in Iraq on a third tour of duty, following the family`s military tradition. Awarded the Purple Heart and Bronze Star. A grad of Dayton University, with a degree in marketing, Billiter loved running, basketball and soccer. He leaves behind grieving parents, Pat and Barry, his widow, April, a seventh-grade science teacher, 3-year-old son, Cooper, and sister, Elizabeth. Gregory Billiter, American hero.

Hey, thanks to all our guests for their insights. Thanks to you at home for tracking these important cases with us. Nancy is back tomorrow night, 8:00 sharp Eastern. Until then, have a terrific and a very safe evening. Bye.

END

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